The Peoples Right to Defend Themselves and their Covenanted Religion, Religious tract · Chapter 17
CAP. XVII.
The Objections of others examined.
WE have now examined all which this Surveyer hath ſaid againſt us, in the poynt of reſiſtence; yet that we may ſatiſfy (if poſſible) all perſons and partyes touching the lawfulneſſe of this act, of private perſons defending themſelves and their Religion from manifeſt Tyranny and oppreſſion, we shall remove likewiſe ſuch other objections, as ſome others are pleaſed to make uſe of; and which our Surveyer hath poſſibly forgotten to adduce.
1. Obj. Subjects are obliged to performe all dutyes of obedience and fidelity unto their Magiſtrates, and albeit the Magiſtrates turne a manifeſt Tyrant, every one cannot looſe that obligation at his owne hand. Hoen. Diſp. Pol. 9. Theſ. 55. Anſ. 1. Subjects, as we have ſeen, are but conditionally obliged to performe theſe dutyes unto the Magiſtrate, and not abſolutely, whether he play the Tyrant or not, by Hoenonius his owne confeſſion. 2. Though each particular perſon can not looſe the obligation when he will; yet when a Tyrant hath, by his acts of tyranny, looſed the obligation, upon his part, a body of a People or a conſiderable part thereof, may defend themſelves againſt his tyranny, as if there were no obligation betwixt him and them. 3. Though the obligation ſtand uncancelled, and not abrogated, reſiſtence may be granted; for a Sone may reſiſt his Father, and a Wife her Husband, though the obligation continue firme and not diſſolved.
Obj. 2. By this meanes a window should be opened to all ſeditions, conſpiracyes and rebellions, Hoen. ubi ſupra Anſ. Incommodum non tollit argumentum. The abuſe of a liberty doth not deſtroy the liberty. 2. By this argument abſolute and unlimited obedience might be preſſed, leſt if private perſones might refuſe obedience, a door for all ſedition and diſobedience should be opened. 3. By the contrare aſſertion, a door shal be opened to all Tyranny and oppreſſion, which should tend not only to diſquyeting of the peace, but to the ruine and deſtruction of the Commonwealth.
Obj. 3. Subjects are to pray for their Magiſtrates, Hoen. ibid. Anſw. True, but the conſequence is naught. Therefore I may not reſiſt them, when they tyrannize and oppreſſe unjuſtly, it doth not follow. I muſt pray for my equalls and inferiours, and open enemies, whoſe unjuſt violence, I may notwithſtanding reſiſt.
Obj. 4. A ſon may not do violence to his Father though never ſo unworthy; for no impiety can be punished by paricide: Far leſſe may violence be done to the Prince, who is the Father of the Countrey, Hoen. ib. Anſw. 1. This ſimile helteth as we have shewed. 2. If the Father abuſe his power, the law will deprive him of it, L. 6. Lenones, L. 7. C. de Inf. expoſ. L. 2. C. de Parent. qui Fil. diſtrax. L. 2. de his qui ſunt ſui vel alieni Iuris §. ſed Domin. Iust. D. Titul. L. ult. ſi quis a Parente manumiſſus. 3. The ſimile is for us who plead only for reſiſtence, as we shewed, not for killing and deſtroying Tyrants. 4. If the Sone be a Judge and the Father a malefactor, the Son muſt execute judgement on the Father.
Obj. 5. Deſtroying of the head, though it be ſickly and tender, tends to the deſtruction of the whole body, Hoenon. ibid. Anſw. There is no ſuch connexion betwixt King and Subjects, as betwixt Head and Members of our natural bodyes. A Tyrant may be, and often hath been, deſtroyed, and the body of the Republick hath remained intire and in better condition then formerly. 2. Oppoſition may be ſo made to the Head, that it deſtroyed not the noble parts, with defluxions ſent downe thence; and it muſt, to prevent the deſtruction of the body, be purged: ſo may a Tyrant be reſiſted for the ſaifty of the Commonwealth.
Obj. 6. It is better to have a ſick head, then no head. id. ibid. Anſ. Datur tertium, there is a third, a ſound wholeſome head. 2. A commonwealth needs not want a head long.
Obj. 7. There is greater hazard in caſting out a Tyrant, then in ſuffering tyranny, idem ibid. Anſ. 1. reſiſtence may be without deſtroying or caſting out of a Tyrant. 2. That hazard ſpeaks not to the lawfulneſſe or unlawfulneſſe of the thing, but only to the expediency or inexpediency of it; which is a different queſtion: An interprize may be hazardous and yet lawful. 3. It will not alwayes be found to be ſuch a hazardous thing, even to caſt away Tyrants; as to ſuffer them to tyrannize.
Obj. 8. A Tyrant can never be deſtroyed, without the ruine of theſe who have deſtroyed him, for ſome of his poſterity will avenge the quarrel, id. ibid. Anſ. 1. We have many inſtances to the contrary in the Book of God: See the Books of the Judges and Kings: who of Joram's poſterity avenged his death, on Jehu or his poſterity? 2. A Tyrant may be reſiſted lawfully notwithſtanding of ſuch difficultyes.
Obj. 9. God punished the wicked Kings of the Jewes not by the Jewes, but by ſtrangers, id. ibid. Anſw. This is contrare to many examples in Scripture. Jehu was not ſtranger. 2. We ſpeak not of punishing wicked Kings, but of reſiſting their unjuſt violence.
Obj. 10. David ſpared Saul, 1 Sam. 24, and 26. Whom he might lawfully have killed, as ſome think, becauſe he had given David's Wife to another, had banished him and his Parents out of the countrey, and had killed the Prieſts, id, ibid. Anſw. If David was a publick Judge, and might lawfully have killed Soul for his injuſtice, murther, and oppreſſion, and did it not. I ſee not how he can be juſtified: But to me it is a queſtion if David was any other then a private perſon, ſo long as Saul lived: and his reſiſting of Saul, and defending himſelf with armed men againſt his fury, doth abundantly confirme what we ſay.
Object. 11. Ieremiah doth not arme the jewes againſt Nebuchadnezar with a ſword, but with prayers for him Id. Ibid. Anſwer. 1. We have not Ieremiahs now to reveal God's minde to us extraordinarily. 2. If this were a ſtanding precedent, The Supreame Magiſtrate might not defend himſelf and his ſubjects, againſt a forraigne Enemy, comeing to deſtroy and conquere the land: for Ieremiah commanded the King to ſubmit to Nebuchadnezar
Object. 12. Chriſt commandeth tribute and not poyſon to be given to Princes. Id. Ibid. Anſw. We plead not for Poyſoning of Princes, but for reſiſting their unjuſt violence, againſt which Chriſt doth not ſpeak: but rather he ought to have remembered theſe words Let him that hath no ſword ſell his coat and buy one.
Obj. 13. Paul Act. 23: ver. 5. Will not have an evil Prince ſo much as curſed Id. Ibid. Anſw. Then no Magiſtrate, no not an inferiour should be reſiſted: for ſuch may not be curſed, doing their duty. 2. We may not curſe nor revile any of out equalls or inferiours Mat. 5: v. 44. Rom. 12: v. 14. Livit. 19: ver. 14. and 20: v. 9. 1 Cor. 6: ver. 10. and yet ſuch uſeing violence againſt us may be reſiſted; we may not curſe the rich Eccleſ. 10:20. and yet they may be reſiſted, when violently and injuriouſly they aſſault us.
Obj. 14. War is not lawfully undertaken without the warrand of the Superiour: But Subjects have no ſuperiority of authority over the Magiſtrate. Gerhard de Magiſt. Pol. §. 483. Anſw. 1. A war defenſive may be undertaken without the expreſſe warrand of the Superiour. 2. Defence may be uſed by ſuch as are inferiour to the aggreſſors, as by a Wife, a son, a Servant, as is shewed; yea the injurer is ever eatenus inferiour to the injured, in Law.
Obj. 5. Chriſt ſayd Mat. 26: ver. 52. that ſuch as took the ſword should perish by the ſword. Id. Ibid. Anſw. That is true of ſuch as uſeth the ſword, further then God hath allowed, or contrare to his expreſſe revealed will, but not of ſuch as have a lawful call thereto by the Law of Nature, and uſe it in their ſinleſſe defence, when there is no countermand of God. Which place we have abundantly vindicat already, where we shewed that his commanding them to ſell their coat to buy ſwords ſufficiently warrandeth this ſelf defence: And though ſome do take that ſpeach to be allegorick, yet the whole context cleareth that it is meaned of ſwords of ſteel; for they ſaid, Here are two ſwords, and he ſaid it is enough. Sure theſe were ſwords of outward mettal, as the event proved: And to anſwere Mat. 26: ver. 52. with Luk. 22: ver. 39. is not to ſet Scriptures by the eares, but a ſolid way of anſwering an argument brought from abuſed Scripture, as Chriſt's practice teacheth us, anſwering the devil's argument taken from Pſal, 91. 11. by produceing another paſſage Deut. 6. 16. ſee Mat. 4:6, 7.
Obj. 16. The example of the ſaints in the Old and New Teſtament is againſt it; neither the Prophets nor Apoſtles gave this Command, but rather preſcribed unto them patience, and prayers. That Citizen of Nieomedia, was condemned of all, who tore in pieces the Emperour's edict againſt the Chriſtians, Id. Ibid. Anſw. 1. We have ſeen inſtances both in the time of the Old Teſtament, and in the dayes of the New Teſtament, making for us. 2. We finde not the Prophets nor Apoſtles forbidding this. 3. Their preſſing to patience and prayers is not repugnant to this innocent reſ iſtence: we may pray againſt forraigne invaders, yet may we reſiſt them. 4. Tearing of the Emperour's edict is no act of ſelf defence.
Obj. 17. This would cloſe up the way of perſones acquireing the crowne of Martyrdome, Id. Ibid. Anſw. If upon this account private perſons might not reſiſt Magiſtrates, neither might inferiour Magiſtrates reſiſt the ſupreame, which yet he will not condemne. Yea. 2. If this ground hold, the Supream Magiſtrate might not reſiſt an army comeing to deſtroy him and all his Kingdome, for Religion, but He and all were bound to hold up their throats that they might receive the Crowne of Martyrdome. 3. It is good to waite for this Crowne in God's way, and not to run to the ſtake without a cleare call: and if People may fairly and with a cleare conſcience, deliver themſelves, it is a queſtion if they be called to ſuffer.
Obj. 18. Some adduce that place Eccleſ. 8. ver. 2, 3, 4. I counſel thee to keep the Kings command and that in regaird of the oath of God—he doth whatſoever pleaſeth him, where the word of … King is there is power, and who may ſay unto him what dost thou? Anſ. I. Will it hence follow that we muſt obey all the Kings unjuſt, unlawful and iniquous commands? No true Chriſtian can ſay ſo. Neither will it hence follow, that in no caſe he may be reſiſted. 2. Kings way not de jure do what they pleaſe, but they have power to execute the Law in way of juſtice, which is the thing that they as Kings should and do pleaſe: And therefore, we should not ſtand in an evil matter. 3. Notwithſtanding of this, Princes have been rebuked, 2 Sam. 12: ver. 7. and reſiſted 2 Chron. 27: ver. 17, 18, 19, 20. and ſo the meaning is, no man muſt queſtion his juſt actions warranted by his lawfull authority. Or, it is but folly for a man to ſtrive with ſuch an one, as is able to execute his cruelty and to do what he will: ſee the English notes on the place, and Mr. Iackſon's: but as this doth not juſtify Kings in their oppreſſing; ſo neither doth it condemne a reſiſting of their tyranny, more then the reſiſting of the oppreſſing violence of ſome mighty robber, who hath power to do what miſchief he will, whom yet lawfully we may reſiſt if we be able.
Obj. 19. The author of an appeal to conſcience adduceth that place Pſal. 105: ver. 15. Touch not mine anoyneted. Anſw. Hence it clearly followeth that Kings and Princes should not enjure the Saints and Servants of God; for this was meaned of Abraham, Iſaac, and Iacob, and of their Wives and Families, who were ſojourning as ſtrangers from Nation to Nation, as the context cleareth, and the words following and do my Prophets no harme. And ſo relateth to vvhat vve heare Gen. 12: v. 10, to 20.& 20:1. &c. & 26:1. &c. & is not meaned of Kings and Princes as ſuch. So that this anoynting is ſuch as is common to Prieſts and Prophets, & to all the ſaints vvho are ſpiritually anoynted, and ſo become Kings & Prieſts unto God 1. Pet. 2: 5. Rev. 1: 6. and 5: 10.
Obj. 20. D. Ferne, Reſolvig of conſcience vvould prove from 1 Sam. 8: ver. 18. that ſubjects may do nothing againſt Tyrants, but cry to the Lord. So Grotius. Anſw. Subordinata non pugnant. We may both cry to the Lord and reſiſt, as Iudg. 10. Exod. 14. 2 Chron. 32: v. 20. 2 King. 19. 2 Chron 14: v. 9. &c. and 13: 14, 15, * 16. 2. The text ſaith not, they should have no other remedy left them but crying; or that it should be lavvſul for them to do no other thing. We finde that they reſiſted this King, vvhen he vvas about to kill innocent Ionathan. 3. The vvords at moſt but import a prohibition of attempting to have the government changed from King to judges 4 Suppoſe it vvere ſo; yet, it importing only a punishment unto them for their importunat and headſtrong affecting of a King, vvill not in reaſon reach other Nations not guilty of this crime. Yea 5. This praediction could not bind up their owne hands from a defence; but at moſt import, That all their reſiſtence or defence should be in vaine, through God's not hearing or helping them in reſiſting.
Obj. 21. The author of an appeal to thy conſcience propoſeth this argument. That evil Kings and Tyrants are afflictions and punishments inflicted on us by God. Therefore we should ſubmit patiently, and not reſiſt. Anſw. The conſequence is nought, for ſo are forraigne enemies, the riſeing up of inferiours againſt us, ſickneſſe and paines on our bodyes, and the like, and yet theſe may very lawfully be reſiſted.
Obj. 22. Equals have no power over equals, much leſſe have inferiours over Magiſtrates Alber. Gentil. in. diſpp. regalib. Anſw. Superiority, is not requiſite to lawful defence, as is ſaid: 2. A Tyrant as ſuch is no Magiſtrate, but a privat perſon.
Obj. 23. No punishment for Tyrants but vexation of conſcience id. ib. Anſw. All evil doers may expect that punishment as well as Tyrants, and yet they may be reſiſted, yea and punished with civil punishments.
Obj. 24. The removing of a Tyrant occaſioneth civil warres, which makes the remedy worſe then the diſeaſe id. ib. Anſw. 1. We ſpeak not of removing Tyrants; but of reſiſting them. 2. This is the way to prevent ruine and deſtruction to the Commonwealth, even to reſiſt Tyranny. 3. A civil war may be more advantagious, for Religion and the libertyes of the ſubjects, and ſo preferable to a brutish ſubmiſſion to illegal tyranny: And every kinde of evil is not to be endured for avoyding a worſe in probability? 4. Deſperat diſeaſes muſt have deſperat cures; and it is better to hazard ſome thing in a warr, then loſe all: We know not what the event may be, we are bound to defend Religion, and the libertyes of the countrey, and commit the event to God. 5. It hath been found that the putting away of a Tyrant, hath proved very advantagious to the Countrey, and to Religion: and hereby all their loſſe by warr was more than abundantly repayed: yea and ſometimes this hath been obtained without much shedding of blood.