The Peoples Right to Defend Themselves and their Covenanted Religion, Religious tract · Chapter 1
CAP. I.
The Queſtion cleared and ſtated.
THE Surveyer, taking but an overlye, ſlight and ſuperficial vieu to the books, he would make the world beleeve, he confuteth, meaſureth out and treadeth down (as any of ordinary capacity, compareing his wordy but unworthy pamphlet, with what, is orderly & methodically ſet downe, and ſtrongly and unanſwerably confirmed (as the event shall demonſtrate) in theſe books, which he unmanlike ſnarleth at, rather then anſwereth) thinketh it of his advantage (as it is the advantage of all who deſire not to be ſeen in their own colours, nor to have plaine truth diſcovered, and their pernicious errours and practices ſuteable thereunto, unfolded, to caſt a miſt before the eyes of ſuch as would obſerve them, or raiſe ſome ignis fatuus to miſguide them, & take them off the way) to uſe his out-moſt endeavour to deceive his unwarry warry & inadvertant reader, & lead him, (who is ſo ſimple as to beleeve every thing which he and his fraternity ſay, though they have manifeſtly and undenyably forefaulted all faith and credite, with all who know what is the fundamental bonde of all ſociety and commerce) into the ſame ſinful and irrational abhorrency, of an exploite and interpriſe ſo conſonant to ſcripture, law, equity and reaſon, and to the practice of worthy Zelots abroad, and at home, from the very beginning of the work of reformation; and for this cauſe, as he hath foolishly and ignorantly paralleled theſe worthies, (whoſe late practice we shall, godwilling, abundantly vindicate, from all which this flaunting and windy adverſary, who cometh forth to shake his ſpeare, as if he were another Goliah, hath ſaid here againſt it) with the irrational, furious, and brutish rabble of Anabaptiſts who followed Knipperdoling and Iohn of Leyden; So all alongs in his diſcourſe; he hath not only ſnarled at, picked out, and miſerably wreſted ſome expreſſions in theſe books he would confute, eſpecially in the Naphtali, and then run away with a cry veni, vidi, vici, as if he had gained the day; which way of dealing with an adverſary, is, to all men of judgment and underſtanding, very un-faire, baſe and puerile, no way beſeeming a man pretending to plead for truth, and to diſcover verity, as he pretendeth to do; yea judicious perſons will, from ſuch dis-ingenuous & unhandſome way of anſwereing, eaſily perceive on whoſe ſide trueth ſtands firme & unshaken; But (which is yet more palpable and groſſe) he hath either ignorantly, or fraudulently, perverted the true ſtate of the queſtion, both in Theſi and in Hypotheſi, which is a ſufficient proof of the diſperatneſſe of the cauſe which he would maintaine, and of the mans purpoſe to wrangle, when he can not anſwere, and to buske up an adverſary of ſtraw to himſelf to fight againſt, when he cannot, dar not, look his real adverſary in the face; and a ground more then ſufficient to make wiſe men judge, that he hath rather confirmed the hands of his adverſaries and ſtrengthened their cauſe, then, in the leaſt, weakened the ſame, for all his hidious out-cryes, and dexterous heaping up of many words to little or no purpoſe, unleſſe to take with ſuch, as think the beſt cauſe is on their ſide, who have the manyeſt, moſt darring, big and plauſible expreſſions, but are not able to judge righteous judgement, nor diſcerne whether or not there be true groud for ſuch confident exclamations, and bold aſſertions. I am confident that all who have not proſtituted their judgements and underſtandings, to a blinde and irrational beleef of what, ſuch as have un-manned themſelves, and voluntarily given away that maſculine conſtancy and fidelity, which men, but of ordinary ſpirits, would account the height of baſeneſſe; and have now adorned themſelves with a more then fëminine levity, yea, and embroidered themſelves with ſuch a dale of intolerable falshood, unfaithfulneſſe, impiety and perjury, as would make Heathens, (though none of the beſt refined) account them unworthy of humane ſociety, do, with more then ordinary confidence, and bold audacity, aſſert and maintaine.
That I may not, after the a methodical methode of this diſputer, who loveth to walk in by-wayes, ſtill keep the Reader in the dark, I shall firſt cleare the true ſtate of the queſtion, confirme the truth, and vindicate it from what he here aſſerteth, anſwereth, or objecteth, that is appoſite to the purpoſe; forbearing once to take notice of his many ſcurrilous, baſe, unchriſtian, yea and un-manly expreſſions, which shew what ſpirit he is of: and afterward I shall conſider and examine his excurſions which have not ſuch a cloſſe connexion with the preſent queſtion, as he would make his Reader beleeve, leſt he should vaunt, as having ſpoken that which no man can anſwere.
That it may appeare what is the true ſtate of the queſtion, we would premite theſe few things as neceſſary to be conſidered.
Firſt. That the whole body of the people of Scotland were engadged to God, by ſolemne Covenants, vowes, purpoſes and promiſes, frequently renewed, to owne and endeavour, really, ſincerily, and conſtantly, through the grace of God, in their ſeveral places and callings, with the hazard of life, lands goods, and all what they had, the preſervation of the reformed Religion in the Church of Scotland in doctrine, worshipe, diſcipline and government; and without reſpect of perſons, the extirpation of Popery, Prelacy, Superſtition, Hereſie, Schiſme… Prophaneſſe, and whatſoever shall be found to be contrary to ſound doctrine, and the power of Godlineſſe, leſt they should partake in other mens ſinnes, and thereby be in danger to receive of their plagues: and that they should mutually, with the Privileges of Parliaments, preſerve and defend the libertyes of the Kingdo me: and in this common cauſe of religion, liberty, & peace, aſſiſt and defend all thoſe, who would enter into theſe bonds, in the maintaining and purſueing thereof.
Secondly. Not only did the body of the commonalty ſubſcribe, and ſolemnely with hands lifted up to the Moſt High God, ſweare theſe Covenants and engagements, at the command of Magiſtrats; But the Magiſtrats themſelves, both ſuperior and inferior, did take on them, in a moſt ſolemne manner, theſe ſame vowes and engagements, and ſolemnel promiſed, as they should anſwere to God in the great day, to promove this covenanted work of Reformation, and to proſecute, in their places, ſtations and capacities, the Ends of the Covenant.
Thirdly. When this King (vvho did ſvveare and ſubſcribe theſe Covenants, before he came to Scotland) vvas crovvned, and ſolemnely inaugurated, He not only renevved theſe ſolemne vovves and engagements; But upon theſe termes and conditions, vvas he admitted; the people declared their vvillingneſſe to admit of him, as King, the ſvvord vvas put in his hand and accepted, the People did ſvveare fidelity, and allegiance, according to theſe Covenants; the like did the Nobles one by one, viz ſvveare to be true and faithfull to him, according to the Nationall, and ſolemne League and Covenant. And all this vvas aftervvard, vvhen the King attained the age of 21 years compleat, in a full and free Parliament, ratified, concluded, and enacted by King and all the Eſtates of Parliament: vvhere by as Naphtals Pag. 72. vvell obſerveth, the ſame did paſſe into a perpetual lavv, and became one of the principal fundamental lavves of the conſtitution of our Kingdome, vvhereupon all the rights and privileges. either of King or People, are principally bottomed and ſecured. Theſe things, as to matter of fact, cannot be denyed.
Fourthly. Whatever was done of late, by King or Parliament, or enacted, and concluded contrary to theſe covenants, vowes and engagements, was (as unlawful, ſo) a real and formal ſubverſion of the fundamental conſtitution of our Chriſtian and reformed Kingdome; This none will deny who knoweth the true nature of theſe covenants, and the real intereſt they had, and yet have de jure, in our conſtitution, before this late revolution, as was now expreſſed.
Fiftly. Notwithſtanding of all that hath been done by King and Parliament, of late, in reſcinding, abjuring, and looſeing of the obligation of theſe National bonds, and divine covenants, yet they remaine Covenants, and National tyes perpetually obligeing, before God, the King, Nobles, & People of all ranks; and will do, ſo long as Scotland is Scotland. This is abundantly made out, by the Apologiſt; and is a fixed and everlaſtingly confirmed truth, in the hearts of all who fear God, and looke for his appearing as a ſwift witneſſ againſt all ſuch as ſweare falſly.
Sixtly. That nothing was allaiged or allaigeable, againſt thoſe perſones in Galloway, and places adjacent, as ground, or cauſe, or occaſion of all that extremitie and rigour of iniquity, that was exerciſed againſt them, but their ſimple non-obedience to the act enjoyning conformitie and obedience to the Eccleſiaſtical authoritie then established, which was diametrically oppoſite unto their vow and promiſe, in their ſolemne and National covenants. So that really, upon the matter, their ſuffering was meerly becauſe of their conſcience making, and faithful endeavouring to adhere, through the grace of their God, unto their covenants and engagements ſolemnely ſworne and taken.
Seventhly. It will be eaſily granted by all rational perſons, That in all Kingdomes and Commonwealths, a free people not redacted unto a ſtate of baſe bondage and ſlavery, should be ruled and governed civilly, according to the civil and municipal lawes of the land, and not by military force and cruelty. Tyrants uſe to lay aſide the wholeſome and eſtablished lawes of the land, and to rule in an arbitrary manner, by the cruel and mercyleſſe ſword, becauſe they neither intend, nor ſeek the good of their ſubjects; But only their owne ambition and baſe ends; But Magiſtrats who ought to ſeek the good of the commonwealth and preferre it to their owne particular ends, will have reſpect to the lawes, and accordingly rule their ſubjects, and not by an aribitrary cruelty, and force of armes, which are uſed againſt enemies.
Eightly. The very law enjoyning this conformity, preſcribeth the way how the ſame shall be put to due execution, viz. [That for this end the Council shall call before them all ſuch perſons, as after admonition of the Miniſter, in preſence of two ſufficient witneſſes, and by himſo atteſted, shall be given up to the Council as tranſgreſſours of this act—and the ſame after hearing of partyes, being duely found, to decerne & inflict the cenſures and penalties] And although the very law itſelf be ſo iniquous and intolerable, as would undoubtedly bring ſudden ruine, to all ſuch as would not obey the ſame, and that in a very short time; yet if this legal manner of procedour, had been followed, the execution, (though cruel, and ſufficiently barbarous, the penalty having no ſuteable correſpondence with, nor proportion unto, the ſuppoſed tranſgreſſion; for, can any think that a perſons abſenting himſelf twice or thrice from his owne parish Church, can be a tranſgreſſion of ſuch a high nature, as no penalty leſſe then the fourth pairt of his Eſtate, can compenſate?) had not ſeemed ſo arbitrary or tyrannical; but when ſuch a grievous law, is more grievouſly executed, and that arbitrarily, and illegally, is not this a very intolerable oppreſſion?
Ninthly It is notourly knowne and unqueſtionably clear, and alas too too wel demonſtrated by black, Tragical and inde lible characters of ruine, extirpation, and beggery of many honeſt families, yea, and of landed and ſufficiently provided Gentlemen and others, ſo that none will, or can, (if he hath not reſolved to beleeve neither what he ſeeth, nor what he heareth) deny it: That Sr Iames Turner, and his ſouldiers, under pretence of executeing this law, uſed ſuch inhumane crueltyes, ſavage barbarities, unparallelable exorbitancies, by illegal amercements, fineings, quarterings, plunderings, beatings, dragging to priſones, wounding, binding men like beaſts, chaſeing them to moors and mountaines, laying waſte their lands, houſes, and habitations, devouring what they could with horſe, dogs, & men, burning plenishing, utenſils and other neceſſaries in houſes, and thus laying whole parishes and almoſt countreyſides waſte and deſolate, and that without reſpect had to conſcience humane, let be Chriſtian, to law divine, civil, or municipal grievous or not grievous, yea without reſpect had to perſones guilty or not guilty; for when they had conſumed the Landlord, they oppreſſed the Tennants though not guilty, & when they had ruined the Tnenants, fel upon the Landlord though a conformiſt, avowing and profeſſing they came to deſtroy, and they would deſtroy; nor having any reſpect to poor or rich, widowes or marryed perſons, old or young, yea, or to ſuch as ſtouped for-age, to ſick, or bedrid creples, or to one or other; yea and did ſeſſe and quarter, till perſons were forced to pay ſuch ſummes, as the civil judges, before whom the cauſe was depending, had not determined to be juſtly addebted by them. All which is fully, and particularly laid open by Naphtaly, and will appeare to all who have not renunced humanity, to be more then leſſer injuries, as the Surveyer pag. 70 is pleaſed to account them, and to be moſt unjuſt, though he make a queſtion thereof, yea and ſuch grievous and intolerable oppreſſions, the hundereth part whereof (as Naphtaly ſaid well.) would make him and his complices curſe both God and their King.
Tenthly. To all theſe forementioned cruelties and barbarities, He added this, that he would ſuffer no man to complaine to him of any wrong they had ſuffered by the brutish and barbarous ſouldiery, nay nor ſupplicate for relief, and if they did, their cauſe was helped by doubling their miſeries, yea, and which might exceed all beleef (if its notoriety were not undenyable) forced them, after all theſe horrid, dreadful, inhumane, and brutish outrages and oppreſſions, to ſubſcribe an acknowledgment, That he had uſed them civilly and diſcretly; and there by neceſſitated them to deny what was as not oure as the ſun at noonday, and their very common ſenſe and feelings, and alſo to prejudge themſelves of all hope or poſſibility of getting redreſſe by law.
Eleventhly Though this forementioned acknowledgement had neither been asked nor granted, yet their condition was irremediable: for neither they, nor any in the land, might Supplicat King or Councel, either for relaxation of the rigorouſneſſe of the lawes, or for a more civil, moderate, yea or for a ſtrick and legal execution of the iniquous and grievous lawes made, under the paine of treaſon and leſe Majeſty. Though it vvas an old received maxime, and is to this day, vvhere tyranny is not avovvedly exerciſed, that cuivis licet ſupplicare & proteſtari: yet the late Parliament concluded, contrary to the lavv of nature and nations, That petitions vvere ſeditious and treaſonable. So that hovv arbitrarily ſoever King or Parliament yea or Council, or any deputed by them, did rage, or should opprreſſe & injure the Subjects, vvhether in conſcience, body or goods, there vvas no remedy, nor hope of redreſſe, no petition or ſupplication how humble ſoever, might be once preſented by the grieved ſubjects: yea nor durſt they meet together to poure out their complaint unto the God of heaven, the hearer of prayers, & the righteous judge of heaven & earth. What height of opprreſſion & tyranny this is, Let all the vvorld judge.
Twelvethly. It is uncertaine, yea much doubted, if Sr. Iames Turner, that ſingular inſtrument of barbarous cruelty, had any commiſſion form King or Council, impovvering him to ſuch illegal exorbitancies (whatever he might have had, under hand, from ſome Members of Council vvho had moſt ſold themſelves to cruelty, and to the utter extirpation of all who would not run vvith them, to the ſame exceſſe of riot) ſure if any ſuch thing be, the records vvill manifeſt it; but ſince they cashired him and ſome of his aſſociats, and made an offer of cauſeing him anſvvere for vvhat he had done, it is very probable, he had no formal commiſſion for vvhat he did; and yet ſince he and others are permitted to live, after ſuch crueltyes, barbarities, and un heard of vvickedneſſes, and no reparation made to the perſones injured, it is certane he is but too vvell approved in all he did, and of vvhat uſe this shall be, vvill appeare afterward.
Thirteenthly. The intent and deſigne of thoſe poor people who roſe in armes, was not to dethrone the King, to enjure him, or to leſſen his juſt and legal authoritie; but to reſiſt, repel, and defend themſelves from, unjuſt violence and oppreſſion▪ and to ſeek reparations of the wrongs done them; and the removal of that deteſtable and abjured Hierarchy, the eſtablishing and upholding of which, as it was, & is a great provocation of the anger of God againſt the land, ſo it was the fountaine and riſe of all theſe horrid oppreſſions which they ſuffered, and of the making of ſuch grievous ſtatutes, and eſtablishing iniquitie into a law, and was to be a laſting cauſe and occaſion of violent. unjuſt and illegal oppreſſions, and intolerabel vexations to all the faithful of the land; and withal, to have ſecurity for their lives, lands, libertyes, conſciences, and Religion, conforme to the agreement made with his Majeſty, and the National Covenant, and the Solemne league and covenant, which he ſolemnely ſwore once and againe, and vowed and promiſed to defend and proſecute, in all their ends: and that for this end, all ſuch lawes made for prelacy, and againſt the work of God and the reformation, which through Gods bleſſing we had attained to, might be repealed, annulled and reſcinded. This and nothing elſe could be the intent and deſigne of theſe valient though naked worthyes. That they intended no harme to the King, or to his juſt & lawful government & authority, is notoure by the laſt ſpeaches & teſtimonies of ſuch as were apprehended & publickly executed; & the petition Which they ſent in to the Council with William Lauwry Tutor of Blakewood doth aboundantly teſtify that they would have had the free exerciſo of their covenanted Religion & freedom from the domeneering tyranny of Prelats & their adherents; their renewing of the League & Covenant doth ſufficiently cleare that they intended no inſurrection or rebellion againſt the Kings juſt and lawful authority; for they ſwore to defend the Kings Majeſtyes perſon and authority, in the preſervation and defence of the True Religion, and libertyes of the Kingdoms.
From theſe conſiderations, we shall now lay downe the true ſtate of the queſtion, thus.
Whether or not, when the whole body of a land, Magiſtrats higher and lower, People, are engaged by ſolemne vowes, made to the moſt high God, joyntly & ſeverally, to promove a reformation, and to extirpat Prelats, & the ſame covenanted work is becom a chief corne ſtone of the conſtitution of the Kingdom, and one of the mane conditions, on which the King is inſtalled on his throne; and when theſe ſame Magiſtrats Supreme and inferiour, renunce their covenant with God, and with the People, overturne the work of reformation formerly ſworne to, make lawes and ſtatutes to fortify this defection, & to compel all their ſubjects to run to the ſame exceſſe of perjury and wickedneſſe, and execute theſe lawes upon the faithful & ſtedfaſtly loyal ſubjects, not in a civil orderly manner, but moſt imperiouſly and tyrannically, with meer force & cruelty, and the edge of the ſword of ſouldiers, leavied of purpoſe for this very end, to crush and oppreſſe all ſuch as made any conſcience of their vowes and engagements unto God; and when theſe barbarous ſouldiers exceed their commiſſion, or oppreſſe, plunder, harash, ſpoile, rob and pillage the people, and lay waſte the land, without law or expreſſe order from King or Parliament, yea contraire to the expreſſe letter of the law; and when the oppreſſed have not ſo much as liberty to ſupplicate or petition for help or releefe; may privat perſons without the conduct of a Parliament, ſtand to their owne defence, againſt unjuſt & illegal oppreſſion and tyranny, and oppoſe ſuch as, without expreſſe commiſſion, endeavour their utter ruine and deſtruction, though pretending warrant from the ſuperiour Magſtrats, and allowed of them; and ſeek a redreſſe of theſe grievous & intolerable injuries, and liberty for the free exerciſe of the covenanted reformed religion, with the extirpation of abjured Prelats, the ſpring and fountane of all theſe miſeries already come, and to be feared, while in the mean time they intend no harme to the ſupream Magiſtrat's perſon or juſt authority, but ſweare to mantaine the ſame, in the defence of the true religion, and liberties of the Kingdome? Or a if you will have it shorter.
Whether or not, when King and Parliament and Council have abjured a covenant, & overturned a reformation, which they ſolemnely ſwore to defend, in their places & capacities, and made their ſubjects do the ſame, and now with illegal force, compel the ſubjects to the like perjury and wickedneſſe, may theſe privat ſubjects, when there is no hope or poſſibility otherwiſe of releefe, ſtand to their owne defence, and withſtand the mercyleſſe cruelty of their bloody Emiſſaries acting without their commiſſion, or with their allowance, yet contrare to expreſſe law; and ſeek releef, and ſecurity for Religion, lives, lands and liberties, having no intention, to wronge the King's perſon or juſt government?
That this is the true ſtate of the queſtion, is abundantly cleare from the particulars forementioned, and I think no Scottish man, who knew the then ſtate of affaires, and hath not renunced common ſenſe, and reſolved to beleeve nothing (though he should both heare it, ſee it, and feele it, and it were as not oure as the light when the Sun shineth) which is for the vindication of theſe poor people, will with any face or shew of reaſon, be able to deny this to be the true ſtate of affaires, & of the preſent queſtion.
Hence we ſee, how the Surveyer ſophiſtically & fraudulently preſents the ſtate (which he may well call the great Knot, as being no way looſed and laid open by him, as it ought to have been) of the queſtion Pag. 19. when he ſayes [Whether meer privat perſons, one or moe, ſeparatly of joyntly, when they are, or think themſelves unjuſtly afflicted, and extremly injuriouſly handled, by the Magiſtrate or Supreme power proceeding according to lawes aggreed to, betwixt himſelf and the body of the community? Whether or not (upon ſuppoſition that theſe lawes are not juſt and right) may private perſons defend themſelves, againſt the violence of the Magiſtrate thus proceeding, even by violent re-offending; yea, in order to their owne defence, cut off the Prince of Magiſtrat whatſoever, or their Miniſters and officers ſtanding in their way, or when they are punishing them and afflicting them according to law?] & againe Pag. 21. he ſayes [The true ſtate of the queſtion at this time is, when the corruption of theſe who are in power leads them to abuſe their authority, either on making unjuſt lawes, or punishing according to theſe, whether meer private ſubjects should with violence oppoſe all Magiſtrats, under whom they are, from the higheſt to the loweſt, together vvith the plurality of the body of that community vvhere of they are members, yea and in their ovvne defence, deſtroy them all (if they be in probable capacity for ſuch vvork, and if they cannot eſchew this, and preſerve themſelves) yea farther, after they have ſubdued (providence ſo permitting or ordering) all the magiſtratical power, and major part of the people, they may uſe a vindicative, avenging and punishing povver upon all? being only perſons of privat capacity) and to be ſure he repeats the ſame over againe Pag. 24. and ſayes Pag. 26. [That the vvay vvhichwhich vve clearly ovvne is, That every privat perſon (when & ſo long as they are able, or are in probable capacity to acte violently againſt the Magiſt…ate) ought to counter act him violently, vvhen he thinks the Magiſtrate vvrongs him, (for this muſt be referred to every mans privat diſcretive judgment) and more to this purpoſe there, and againe pag. 27 he tells us [The queſtion is what duty is owed by the ſubject Unto the Magiſtrate (eſpecially the Supreme for may there be remedies had againſt the injuries of the inferiour by appellation) In caſe of his mal-adminiſtration, & unjuſt lavves and ſentences according to theſe lawes, or executions according to ſentence; whether they may violate or violent the perſon inveſted vvith authority, and not ſubmit unto him, but counter-act him by force in ſelf defence againſt his violence. Or if they be bound in conſcience, or by any lavv of God, to ſubmit humbly to vvhat he inflicts (although unjuſtly) if they can neither move him by their humble petitions, nor can flee from his vvrath, or goe out of his dominions] and then addeth▪ That the author of Naphtaly and his complices [Maintaine, That if the Magiſtrat abuſe his povver in making unjuſt lavves, or punishing according to theſe, any private man▪ or company of men, that think themſelves ſtrong enough for the Magiſtrate ought never to ſuffer, but uſe forcible reſiſtence againſt the Magiſtrate abuſeing his power: & that al the patience that is required of Chriſtians tovvard oppreſſing Magiſtrats, is only to beare ſuffering patiently, vvhen they are out of capicity of acting, and may not better do, and to ſuffer patiently vvhen they ſee they cannot repreſſe the violence of the unjuſtly - dealing Magiſtrate vvith a ſufficient contrary violence.]
That it may appeare… (though none vvho underſtandeth the controverſy, & readeth what he allaigeth, is the ſtate of the queſtion, can readily be ignorant of his deceit, but may eaſily perceive his ſubdolous ſohiſtication) hovv far he hath misrepreſented the buſineſſe, let theſe fevv particulars be pondered.
1. It is one thing, to ſay that private perſons, may riſe and take the ſvvord of defence in their hand, and reſiſt their Magiſtrats, upon the ground of ſuppoſed vvrongs, or vvhen they think in their privat judgments of diſcretion, that the Magiſtrat injureth them: It is another thing to ſay, This vvay of defence may be uſed vvhen the injuries are real, and not ſuppoſed, or judged ſo by their private and erring judgement or diſcretion only. He cannot have the fore-head to ſay that we maintaine the former; nor can he vvith any colour of half a reaſon inferre, that ſuch a maintaine this laſt, do conſequentially maintaine the former, as men of underſtanding will eaſiely perceive, and shall be more fully ſpoken to aftervvard in due place. yea ſuppoſe that ſuch a conſequence could be drawne, it were not faire, but utterly diſingenuous, and un-becomeing a faire diſputant, to bring a conſequent which he wire-draweth from his adverſaries poſition or aſſertion, into the ſtate of queſtion, and make the world beleeve, that his adverſary doth, poſitively, clearly & avowedly aſſert, what indeed he doth not affirme, nay nor granteth to follow from what he holdeth.
2. It is one thing, to ſpeak of reſiſtence made to lawes iniquoſly made, and yet but tending to the hurt of ſome private perſons in ſmaller matters: it is a far other thing, to ſpeak of reſiſtance made to lawes, whereby the eſtablished religion, and the fundamentall rights, and baſis of the conſtitution of the realme is overturned; and ſo not only only mens goods, or ſmaller matters, but their liberties, religion, conſciences, lives, and every thing that is dear unto them, is in inevitable hazard: it were an impudent calumny to ſay that we maintaine the former.
3. It is one thing, to ſay that any private perſon alone, and ſeverally, may reſiſt, and repel unjuſt violence offered by the Magiſtrats of the land: and another thing, to ſay, that a conſiderable company, joyning together, upon juſt grounds, may endeavour their owne faifty. Though the lawes of our land will ſuffer a privat ſubject to hinder any, in the Kings name, to poſſeſſe themſelves of his heritage, or of any thing he poſſeſſeth, till the queſtion be diſcuſſed by the civil judges; yet we ſtate not our diſput concerning what a private ſingle perſon may do, in caſe of oppreſſion.
4. It is one thing, to ſpeak of unjuſt lawes in the general: and another thing, to ſpeak of unjuſt lawes made by Magiſtrats, preingadged by ſolemne vowes and Covenants never to make ſuch lawes, and who have given the people all the ſecurity imaginable, that they should never be troubled with ſuch iniquous lawes: This laſt is our caſe.
5. It is one thing, to ſpeak of lawes (though iniquous and grievous, yet) executed legally, civily, by way of formal legal procedure. But it is another thing, to ſpeak of lawes, in themſelves grievous and iniquous, yet executed in an unformal, illegal, arbitrary, tumultuous, cruel and bloody way, by armed, mercyleſſe and bloody ſouldiers, which looketh rather like the execution of a bloody act, for maſſacreing, then of a law made for the good of the Commonwealth. This laſt toucheth our caſe, as was shovved.
6. It is one thing, to ſpeak of reſiſting and offering violence to the very perſon of the Magiſtrate: and another thing, to ſpeak of reſiſting his bloody Emiſſaries.
7. So, it is one thing, to ſpeak of reſiſting his bloody Emiſſaries cloathed with a commiſſion to exact the penalty impoſed by law: But it is a diſtinct thing, to ſpeak of reſiſting his bloody Emiſſaries, exorbitantly exacting what they pleaſe, without any regaird had to the ſtanding unrepeled law, though ſufficiently grevious.
8. It is one thing, to ſpeak of vvhat privat perſons may, or ought to do when injured & oppreſſed, & there is ſome door open to get themſelves eaſed of theſe oppreſſions, by complaineing, or appealing to the ſuperior Magiſtrats, or by ſimple petition and ſupplications. But it is a far other thing to ſpeak of what a People may do, when all door of hope is cloſed, and when ſimple ſupplicating would make them lyable to the crime of leſe Majeſty, which was their caſe.
9. It is one thing, to ſpeak of what a company of private perſons may do, in their owne particular caſe, without the concurrence of the reſt of the community, who are not concerned in their caſe, nor particularly engaged to help and concurre with them, in that particular: and another thing to ſpeak of what privat perſons, though the minor part of a community, may do, in a caſe which concerneth not themſelves alone, but is common to all; though it ma… be, they ſuffer moſt of the heat of perſecution, upon the account of that common cauſe, and in a caſe, wherein all the whole community is bound and obliged to other, to ſtand to, and maintaine one another, in the defence of that common cauſe, and that by ſolemne bonds, vowes and Covenants. Now this was their caſe.
10. It is one thing, to ſay that the minor pairt of a community may riſe in armes, againſt all the Magiſtrats, and ſeek to exauctorate them, and overturne their power; and againſt all the reſt of the body, and preſſe them to be of their minde: and another thing, to ſay they may take armes in their owne ſelf defence, when tyrannically oppreſſed for adhering to that Covenant and cauſe, which the whole body of the land was engadged to maintaine, with lives and fortunes, no leſſe then they, without any intention to wronge the Magiſtrat's Juſt power and authority, or to do the leaſt injury to any of the community, who would not carry in a hoſtile manner towards them: Now ſuch was the caſe and carriage of that poor people.
11. It is one thing, to ſay that private perſons when injured by unjuſt lawes, and when able to reſiſt and oppoſe the Magiſtrate, may never ſubmite unto undue penaltyes, (which he ſalſly fathereth on Naphtaly.) But it is a far other thing▪ to ſay that in ſome caſes hic & nu…c privat perſons may reſiſt the unjuſt and illegal force of Magiſtrats, or▪ that it is falſe to ſay that in no caſe imaginable private perſons may reſiſt unjuſt violence offered to them by Magiſtrats. Or, which is all one, that in every caſe whatſomever, it is the duty of privat perſons, to ſubmit unto the moſt iniquous, illegal, and tyrannical impoſitions, penaltyes, and exactions; or unto tyrannical and unjuſt lawes. Now this is the true ſtate of the queſtion in theſi, and if this be granted, we ſeek no more, as to that, being perſuaded the hypotheſis will follow clearly from the theſis, and hing on it, without many knots of arguments to faſten it.
12. It is one thing, to ſay that private perſons may call their ſuperiour Magiſtrats, when making defection, to an account, judicially proceſſe them, and formally give out ſentence againſt them, vvhichwhich he injuriouſly allaigeth upon Naphtaly, as any, vvho vvill impartially conſult the places by him cited, vvill finde. But it is a far other thing, to ſay that private perſons in ſome caſes in way of defence and maintenance of the reformed Religion, may ſtand to its vindication: and this is all the vindicative povver vvhichwhich Naphtali, Pag. 18, 19. (the places vvhichwhich he citeth) ſpeaketh of, as incumbent to private perſons.
From theſe things it is apparent to any of an ordinary reach, in thoſe matters, hovv far that vvhichwhich he maketh the knot of the queſtion, is from the true, plaine, full and reall ſtate of the buſineſſe novv controverted, vvhichwhich vve have laid dovvne. And vvhat unfaire dealing vve way expect, thorovv the reſt of his pamphlet, any may judge by what we here finde, in the very ſtateing of the controverſy. But he vvill ſay, that the Author of Naphtali (vvhom he ignorantly, tearmeth the libeller, but in truth, the honeſt vindicator of the innocency of the ſuffering people of God) hath ſo ſtated it, in his book. It is true, this Surveyer ſayeth ſo Pag. 21. But vvhy did not he direct his reader unto the page vvhere ſuch a ſtate of the queſtion vvas to be found? I appeale to any vvho ever read that book, to judge, vvhether this man ſpeaks truth or not. Ay but you vvil ſay, He hath cited Pag. 13, & 14. Naphtalies very vvords, and hath cited the pages where theſe are to be found, out of which words, the State of the controverſy as by him propoſed, may be drawne. I Anſwer It is one thing to draw concluſions or conſequences from the words of an adverſary while he is proſecuting his arguments, and out of theſe raiſe a ſtate of a controverſy; and another thing, to ſay that his adverſary doth ſo ſtate the controverſy, while as he ſpeaks no ſuch thing: now both theſe are ſoloeciſmes, the one in morality, the other in way of diſputing: and of both he is guilty, firſt it is an un truth, to ſay that Naphtali doth ſo ſtate the queſtion as he allaigeth he doth; and it is no better, to ſay that Naphtali doth ſo ſtate the queſtion becauſe here and there in his book, he hath ſome expreſſions that ſeem to look there away: Againe, it is an abſurd way of diſputing, and intolerable, to draw the ſtate of a queſtion out of a mans expreſſions here & there uttered in the proſecution of his arguments; Whereas the ſtate of the controverſy is that which all his arguments prove & conclude. But what if al theſe expreſſions which he hath raked together out of Naphtaly, will not bottome his aſſertions, or the ſtate of the queſtion as he propoſeth it? ſure every one muſt take him for a meer wrangler, & animpudent ignoramus in the matter of handleing a controverſy, if it be ſo. And whether it be ſo or otherwayes let us now try. The words he citeth firſt, are out of Pag. 8. viz. theſe (which I shall not curtaile as he doth, but ſet downe fully,) And it will alſo appear that the neceſſity of convocations and combinations (though not only without, but even againſt authority, yet being in order to ſuch neceſſary and juſt ends) did ſufficiently warrand them before God and all men, from the breach of any law or act then ſtanding againſt the ſame, wherewith they might have been charged.] But what can he hence inferre? Will he inferre that the Author of Naphtaly, either ſayeth or thinketh. That any part of the people, (though no Magiſtrate be amongſt them) may take armes againſt all Magiſtrats, and violently reſiſt them, when they think their lawes either unjuſt, or the punishment executed unjuſt, (as he ſayeth he doth. Ibid. Pag. 13.) By what medium will he couple the antecedent and conſequent together? May not a man diſallow that any part of the people, though they had all the Magiſtrats with them, except the Supreame, may take up armes againſt the Supreame, and violently reſiſt him, whenſoever they think that the lawes are unjuſt, or the punishment executed unjuſt (as I verily think the Author of Naphtaly will) and yet ſay, That when ſtrong and inevitable neceſſity urgeth, in order to neceſſary and juſt ends, people may have their owne convocations, even againſt authority, and de jure be guilty of the breach of no ſtanding law againſt the ſame, ſeing all know that ſalus populi est ſupreme lex, and that no law or act, vvhen the ſtrik obſervation thereof, tendeth to the detriment of the Republick, (for the good of VVhichWhich, all lavves are made,) is of force. The next paſſage he citeth is out of Pag. 14. vvere Naphtaly hath theſe vvords: [That the right and privilege of ſelf-defence, is not only founded in, but is the very firſt inſtinct of pure nature, and ſpring of all motion and action. 2. That it was competent to, and exerciſed by, every individual, before that either ſociety or government were known. 3. That it was ſo far from being ſurrendred and ſupperſſed by the erecting of theſe, that it was and is the great end, and motive, for which all voluntary ſocietyes and policyes were introduced, and are continued. 4. That it is a principal (and not the principal as he miſciteth it) rule of righteouſneſſe, whereunto that great command of love to our neighbour, by the law of God, and by the Lord himſelf, is reſolved, and whereby it is interpreted.] And then addeth, [So it doth infallibly follow, that the ſame right and privilege, is yet competent to all men whether ſeparatly or joyntly, and needeth no other pre-requiſite, but that of intolerable injury (which for a man to ſuffer under pretence of the good of the Commonwealth, would be, for the deluſion of an empty name, only for the luſt of other, really to deprive himſelf of his whole share & interest therein) and is completed for excerciſe by ſuch a probable capacity, as may encourage the aſſerters thereof, to undertake it.] Thus I have ſet down his words, truely and wholly, and I would faine know what is there here, that will ground the foreſaid theſis? Muſt a man that ſayeth thus, neceſſarily ſay, That it is lawful for privat ſubjects to take armes againſt their Magiſtrats (when they are in a probable capacity to carry thorow their matters,) and the major part of the people, when they think the lawes are unjuſt, or the punishments executed are unjuſt? Let him the next time, I pray, prove this conſequenc. For I, and many moe, do and will deny it. His next paſſage is out of Pag. 15. the words are theſe, [The propelling by force of ſuch injuries (that is, to be violented in the matters of Religon) was the juſteſt cauſe and quarrel, that men in their primeve liberty, could be ingaged in.] which ſurely is a very innocent and harmeleſſe aſſertion, and ſuch as he, nor no rational man, who knoweth to preferre the intereſt of the ſoul, unto the intereſt of the flesh, can contradict; and from whence, no man that knoweth what the exerciſe of reaſon is, can inferre his forecited theſis. The next paſſage he miſerably curtaileth out of Pag. 16 17. but though vve should take it as he hath ſet it dovvne) excepting that parentheſis vvhichwhich he hath ſoiſted in, in the ſame character, to deceive the ſample Reader, vvhat could he inferre from it? When once ſayeth [That combinations for aſsiſtance, in the ſame common cauſe of juſt and neceſſary defence, whereunto the force of extreame neceſſity, through the perverſion of that mean of government, appointed for their preſervation, doth ultimatly reduce them, are warranted by the principle of humanity, &c. and Gods glory, &c. and by this, that whole Cityes Kingdomes and Empires, for the violation of this duty, in not releeving the innocents from unjuſt tyranny, even of lawful powers, have been overtaken therefore by fearful judgments, to their utter ruine and ſubverſion.] Muſt he needs be thought to ſay and aſſert, That privat ſubjects may combine together and make inſurrection againſt the lawful Magiſtrat, when they, in their private judgment of diſcretion, think the ends of government are perverted? What sharpe ſighted man can be able to ſee where theſe two shall meet? He tells us next that Pag. 18, 19. it is ſaid [That not only power of ſelf-defence, but vindicative and reforming power is in any part of the people, against the Whole, & againſt all Magiſirates; and if they uſe it not, judgment cometh on (ſuppoſeing their capacity probable to beare them forth,) and they shall be punished for there connivance, & not acting in way of vindication of crimes, and reforming abuſes.] But who shall read the place cited, will be forced to acknowledge a very great injury done to Naphtaly, & that his words are miſerably repreſented; and yet he cannot draw out of them, even as he hath minced the, and thrawne them ſo that they look with another face, then their owne, That, Napbtaly aſſerteth, That private perſons may, when they think or imagine, in their privat judgment, that the Magiſtrats and the reſt of the land are in a defection, ariſe in armes againſt them, vindicate Religion, judge and condemne ſuch as are guilty; and ſo uſe imperat acts of reformation by vindication. Sure theſe words in Naphtaly, [of neceſſity both from the principles deduced, and from the moſt viſible judgments of God agreable thereto, there muſt be a ſuperiour and antecedent obligation, to that of ſubmiſſion, incumbent upon all, both joyntly & ſeparatly, for the maintainance, vindication, and reformation of religion, in order to the promoting of theſe great ends of the publik profeſſion of truth, and true worshipe, which the Lord doth indiſpenſably require] to ſober, judicious, intelligent, and impaitial readers, will have a far other import. So, what can he inferre from that which Naphtali ſaid Pag. 28. viz. [That none pleadeth for abſolute ſubmiſſion in the people, and exemption in the prince, but ſuch as have proſtrated their conſciences to the Princes arbitrament, in a blinde and abſolute obedience] and that [ſeing ſubjection is principally enjoyned, for, and in order to obedience, what ſoever reaſon or authority can be adduced to perſwad an obſolute and indiſperſible ſubjection, will far more rationally and plauſibly inferre an illimited and abſolute obedience] Can he, with any colour of ſenſe or reaſon, inferre that he maintaineth that paſſive ſubjection to unjust lawes and punishments, where there is power to make active violent reſiſtence, is a greater ſin then active obedience to unlawful commands of Magiſtrats? Is this a faire way of diſputing, to ſay that one maketh that the ſtate of the queſtion, which he draweth from the assertion of his adverry? Naphtaly allaigeth that abſolute ſubjection is as repugnant to reaſon, as abſolute obedience; doth he therefore make this the ſtate of the queſtion, (or give ground for it,) That abſolute ſubjection is more ſinful then abſolute obedience? Againe, what can he draw out of theſe words of Naphtaly Pag. 157. [Secondly it is anſwered That riſeing up against authority itſelf, the ordinance of God, and diſobeying the powers therewith veſied, ſtanding and acting in their right line of ſubordination, is indeed rebellion, and as the ſin of witchcraft; but to reſist and riſe up againſt perſons abuſeing ſacred authority, and rebelling against God the Supreame, is rather to adhere to God, as our Liege Lord, and to vindicate both curſelves and his abuſed ordinance form man's wi…kednneſſe and tyranny] Can he hence inferre that Naphtaly judgeth it no rebellion, for privat ſubjects, to diſobey Powers acting in a right ſubordination, when they in their judgements of diſcretion, judge that they deviat from that line of ſubordination? Sure he muſt have ſome needle head that can ſowe theſe two together.
Theſe are the particulars whereupon this Surveyer thinketh to bottome his falſely-ſtated queſtion, and by this we may judge (ut ex ungue leon…m) what faith he is worthy of, when he ſayeth immediatly thereafter Pag. 14. [But what needs inſiſting on his juſtifying of any number of private perſons riſeing up and reſiſting the whole Magiſtrates, & Body of the people, when ever they think they have cauſe? Seing this is the maine ſcope of his book, and more too, even to ſtate them in a punitive power of all who are againſt them, and a power to pull downe all authorities, that are in their way.] Alas! poor ſoul, ſuch impudent untruthes, will not much ſtrengthen his cauſe, in the judgment of ſuch as are judicious, and many will think that ſuch way of dealing declares him to be unworthy of his wages: for, may not all who read that book, ſee a cleare other ſcope there intended then what he here fancyeth; and know that from no ſentence in all that book, can ſuch concluſions be drawne, as he here ſayeth is the maine ſcope of it. O! but he muſt be audacious and affronted, to ſay that the author of Naphtaly [not only makes a proclamation to all meer private perſones (not having any Nobles and Magiſtrats amongst them) to make inſurrections againſt all Magiſtrats from the highest to the loweſt, and againſt the plurality of the people (if they think themſelves in probable capacity,) and not only ſo, but giveth to them a liberty to pull all Magiſtrates out of their ſeats, to inſtal themſelves, and to punish Magiſtrats, who (as he ſayes) have forfauted their right by the abuſe thereof] as he doth Pag 21. What wil not ſuch shameleſſe boldneſſe adventure to averre, with the greateſt confidence? but ſuch as are wife will not beleeve every thing, that ſuch as have made shipwrak of faith and of a good conſcience, and have poſſeſſed themſelves of a debauched conſcience, have the impudency to affirme without blushing.