Letter to Vindicate Himself and Ministry, Letter

Letter to Vindicate Himself and Ministry · Letter

A Copy of A LETTER Written by M^r Stephen Marſhall To a friend of his in the City, for the neceſſary vindication of himſelf and his Miniſtry, againſt that altogether groundleſſe, moſt unjuſt, and ungodly aſperſion caſt upon him by certaine Malignants in the City, and lately printed at Oxford, in their Mendacium Aulicum, otherwiſe called Mercurius Aulicus, and ſent abroad into other Nations to his perpetuall infamy. In which Letter the Accuſation is fully anſwered. And together with that, the lawfulneſſe of the Parliaments taking up Defenſive Arms is briefly and learnedly aſſerted and demonſtrated, Texts of Scripture cleared, all Objections to the contrary anſwered, to the full ſatisfaction of all thoſe that deſire to have their conſciences informed in this great controverſie.

HOSEA 4. 1, 2, 3.

1. Heare the word of the Lord, ye Children of Iſrael, for the Lord hath a controverſie with the inhabitants of the Land, becauſe there is no truth, nor mercy, nor knowledge of God in the Land.

2. By ſwearing, and lying, and killing, and ſtealing, and whoring, they break out and blood toucheth blood.

3. Therefore ſhall the Land mourne, &c.

LONDON Printed for JOHN ROTHWELL, at the Sunne in Pauls Church-yard, 1643.

p. 1SIR,

YOur letters brought not the firſt tidings of the continuance and encreaſe of thoſe ſtrange reports concerning me, they filled the City even while I was there, and I perceive purſue me into the Countrey: it is a lying ſpirit which God hath permitted to haunt me for my triall, as it hath done others of his ſervants before me. You know what a book Bolſec wrote of the life and death of Mr. Calvin: Beza lived to write a confutation of a book written of his renouncing his religion and turning Papiſt. And concerning Luther, Luther tom. 8. … pag. 206.the Prieſts had long reported, that he had his call from the devill, and to confirm it, filled Italy with a rumour of his death, and that at his death hee was carried away by the devil ſoul and body: which they (good ſouls) divulged not to diſcredit the man, but in gloriam Ieſu Chriſti, to the glory of Chriſt, and comfort of the godly. The like uſage my ſelf have lately met with in ſome degree, for being afflicted with a deep cold and diſtillation from my head upon my lungs, and ſome feveriſh diſtempers, my learned, loving and carefull Phyſitian, finding that the too importune viſits of my many loving friends, occaſioned too much ſpeech, and thereby too much expence of ſpirits, adviſed me to remove to the houſe of my Noble Lord of Warwick, where I ſhould have more ayre, and leſſe company: hereupon a report was immediately ſpread about the City that I was diſtracted, and in my rage conſtantly cried out, I was damned for appearing in, and adhering to the Parliament and Kingdom in this defenſive warre: which when I firſt heard, I looked upon as a calumny invented by ſome ſimple adverſary (though malicious enough to my perſon and miniſtry) who finding it the readieſt way to reproach me betook himſelf to this. But afterwards obſerving how ſtudiouſly it was maintained, how laboriouſly propagated, how handed from Court to City, from City to Countrey, from England to forraign parts, Mercurius Aulicus printed it, and a great Officer of State having ſent it into other Kingdoms with his letters, aſſuring the truth of it, and that not nine dayes, no not a month p. 2did allay it, I then perceived the plot was not ſo much to diſgrace me, (for alas who am I that they ſhould trouble themſelves ſo much about me) but through me to wound the cauſe, in which my poore labours have been engaged. This rumour it ſeemes yet lives, and (as your letter confirmes) encreaſes; from my going down into the Countrey they have taken occaſion not only to report me diſtracted, but dead, yea that I died crying our of my appearing in this cauſe; and this is ſo confidently reported by ſome, that it is almoſt as confidently beleeved by others; even thouſands, you ſay, which makes you earneſtly to preſſe me to write unto you, whether I have not (at leaſt) changed my former judgement about our defenſive armes, and this not (as you profeſſed) to ſatisfie your ſelfe, but that you might have ſomething under my owne hand to ſhew for the ſatisfaction of others. Sir, your ancient love to me, and preſent deſires to vindicate me from theſe aſperſions, but eſpecially your care that the publike cauſe might not ſuffer, doe all command me to be your ſervant in this thing.

I know it will ſatisfie you, that I ſolemnly proteſt unto you, that in all theſe fourteen weeks keeping in, I never had an houres ſickneſſe, nor loſt a nights ſleep, nor had any diſtemper in my head, nor ſaw any cauſe of ſorrow for my adhering to the Parliaments cauſe but eſteem it a great honour and mercy from God, that he ſhould move his Excellency my Lord, to require my ſervice in this great expedition; and that I have even therefore exactly followed the Doctors preſcriptions, out of an earneſt deſire to be ſitted for my work, that I might returne to my moſt Honoured Lord, being fully reſolved, if God ſay Amen to it, never to give it over, untill either there be an end of that work, or an end of my dayes. This I think will ſatisfie you, and it is poſſibly as much as you deſire for the ſatisfaction of others, to have this under my hand. Take this concerning the cauſe, and concerning the report ſpread of me, what Luther ſaid (of thoſe above mentioned) concerning himſelfe; fateor & teſtor hâc meâ manu, &c. I profeſſe and teſtifie under my hand that I entertained this fiction of my diſtraction and death, laetaque mente & hilari vul…; very chearfully.

But ſince your love hath compelled me to put pen to paper, I ſhall compell you to read the largeſt letter that ever I wrote, being reſolved to give you a full account both of my ground and warrant of entring p. 3upon my office, and how farre I am from changing my judgement upon the preſent view of things.

When his Excellency vouchſafed to require my ſervice (for, God knows, I offered not my ſelfe in this great work) there were but two queſtions (beſide my care to walk aright in my miniſtry) for my conſcience to be reſolved in. Firſt, whether upon ſuppoſall of the truth of the Parliament votes. viz. That his Majeſty ſeduced by wicked Councell, did levie warre againſt the Parliament; the Scripture did warrant them to take up defenſive armes. Secondly, Whether the Parliament was not miſinformed about ſuch his Majeſties purpoſe, and practice. The firſt is a mear queſtion in Divinity. viz. Whether a people, eſpecially the repreſentative body of a State, may (after all humble Remonſtrances) defend themſelves againſt the unlawfull violence of the Supream Magiſtrate, or his Inſtruments, Endeavouring (and that in matters of great moment) to deprive them of their lawfull liberties.

The Second is a queſtion mearly of matter of fact.

For the firſt, Before the beginning of theſe unhappy differences, I had both learned, and taught to this purpoſe. Firſt, that it is agreeable to Gods will, that in all Countreys (eſpecially when and where the people are numerous) Magiſtracie be ſet up, with a ſufficiencie of power and authority to rule for the publike good; and that, even among them who are under the ſcepter of Chriſt, againſt the Anabaptiſis. Secondly, that among the divers kinds of lawfull governments, Monarchy, Ariſtocracy, and Democracy, no one of them is ſo appointed of God, as to exclude the other from being a lawfull government. Thirdly, That the bounds and limits of the Magiſtrates lawfull power of commanding, and the ſubjects neceſſary obeying, muſt be ſound, and taken out of the ſeverall Lawes, Cuſtoms, and Conſtitutions of thoſe ſeverall States, and Commonwealths: There are ſcarce two formes (eſpecially of Regall government, in the world) but they differ one from the other, and that in matters of moment. Now I ſay, what the power of Magiſtrates in one Countrey differs from the power of Magiſtrates in another Countrey, and how the duty of Subjects differs in each, muſt be found only in the lawes of the reſpective places: that no mans right muſt be detained from him, that Caeſar ſhould have rendred to him the things that are Caeſars, and all people p. 4the things that are their own, the Scripture, and lawes of all Nations doe determine. But whether (for inſtance in England) Shipmoney be the Kings right, and ſo to be yeelded, or denyed; whether this houſe or inheritance be this or the other pretenders to it, muſt not be determined by any law, but by the law of England; goe therefore to the Lawes, and learned Lawyers, and from them alone you ſhall learn what is the Prerogative of the Prince, and both the Duty, and Liberty of the Subject. But then fourthly comes in Religion or the command of God, and binds the conſciences of Magiſtrates to rule, and of Subjects to obey, according to thoſe Lawes. And fifthly, (in particular) of Subjects it requires theſe four things. Firſt, to render to their Governours, next under God the greatest fear, and honour, as being Gods vicegerents, as having the greateſt beames of his authority put upon them, and therefore called Gods, and all of them the children of the moſt High. Secondly, Loyalty to their perſons, and office, that is, obedience according to law, and patient ſubjection, when we cannot actively obey, willingly for conſcience ſake to ſubmit to the penalty of the laws, when for conſcience ſake we cannot obſerve the lawes themſelves. Thirdly, maintenance with payment of all lawfull Cuſtoms, Tributes, and impoſitions. Fourthly, all manner of ſupplications, prayers, Interceſsions, and giving of thanks, their uſefullneſſe being great, their temptations many, their fall (like that of great Cedars) the cruſhing of many, and the ſhaking of the earth round about them, and all this we owe, not only to the King as Supream, but in proportion to all inferior Governors, who are ſent by God alſo for the puniſhment of evill doers, and for the praiſe of them that doe well, they being all the miniſters of God for our good, and this is the firſt Commandement with promiſe. But ſixthly, if our Governours (whether ſupream, or inferior) leave to rule according to law, and ſet up their own will contrary to law; there is no word of God acquitting them from ſin in Gods ſight, but ſeverely threatening them for abuſing his name, which they bear; nor any word binding the conſciences of their ſubjects therein to yeeld them any active obedience. Thus farre we have all ſides agreeing in all the particulars, except only a few Court flatterers, who (and that eſpecially of late) have endeavoured to cry up Monarchy, as the only ordinance of God, for the Government of States; as if the other p. 5forms of Ariſtocracy, and Democracy were not approved by him: Yea, and have cryed up the power and authority of Princes to be ſuch, as that they are abſolved from all lawes; and that whatſoever the Subjects enjoy under them, is only by the Princes favour, which if they pleaſe to recall, how juſtly or unjuſtly ſoever, the Subjects are bound to yeeld all unto them, and have no plea againſt their Prince, only in the Court of Heaven; no law, no judg, no Court here below, having any authority to ſay unto him, What doſt thou: This Divinity hath of late been preached; and, as ſweet enchanting muſike, often chanted in the eares of our Princes: and no doubt was one great occaſion of theſe heavy yoaks we have of late groaned under. But theſe abſurdities need no refutation. Egiptian Pharaoh claimed not the wealth of his people, till he had bought it. And Ahab himſelfe, who durſt not lay claim to Naboths vineyard, without purchaſe, or colour of confiſcation, proclaims their ignorance ſufficiently to the world. And among our ſelves, the conſtant proceedings of our Princes, even in their moſt heavy illegall exactions, borrowing allwayes a colour of law, and the known laws of the land, enabling the meaneſt ſubject to maintain his Propriety, even in a two-peny matter, againſt his Soveraign; And the innumerable verdicts in all Courts, paſſing for the Subject, againſt the King; aſſure me that unleſſe God for our ſins ſhould give up our Parliament and S…ate to the vaſſallage which this Popiſh Army would bring it to, we ſhall heare no more of this Divinity.

The only Queſtion now is about paſſive obedience; they who cry down our defenſive Arms, confeſſe that the Magiſtrate cannot require any thing but by Law, and that the ſubject need not yeeld up his right but by Law; to tie lies upon the conſcience of Naboth to let Ahab have his vineyard: but if a Saul will by force take away our ſonnes to ea…e his ground, and our daughters to be his Confectioners, Cookes, and Bakers; if he will by force take our fields, even the beſt of them, and give them their ſervants, we have no help in that day, but preces & lachrymae, to cry unto our God: but no liberty to defend our ſelves by Armes againſt ſuch tyranni; if we do (Say they) we reſiſt the ordinance of God, and muſt receive to our ſelves damnation.

But if this opinion be weighed in the ballance of Reaſon, how much lighter than vanity will it be found; how abſurd a thing is it, that theſe p. 6men will allow me, if the King pretend Law in any thing I may try it out with him, and not when he or his Inſtruments come with open violence: If the King will ſue mee, and by pretence of Law ſeek to take away my coat, my houſe, my land, I may defend theſe from him with all the ſtrength of Law I can, but if he come with armed violence to take away my liberty, life, religion, I muſt yeeld up theſe without making any reſiſtance: I may ſecure that which I have nothing but lex terrae to plead my propriety in, viz. my money, which I may give away, and in the mean time my liberty, life, religion, which are mine by the lawes of God and man, I may not ſecure with a good conſcience. True it is, if in caſe it do (upon circumſtances duly weighed) appeare that our receding from our right, and not reſiſting wrong, will tend to the promoving of a greater and a more generall good, or the preventing of a greater and more generall evill, it is agreeable to right reaſon, and our Saviours rule, Mat. 5. 39. that we ſhould both remit of our right, and ſubmit to wrong, whether ſued or unſued, whether to ſuperiours or inferiours, or equals. But that men ſhould give a liberty of defence in Law, and yet abſolutely condemn defence againſt unlawfull violence, is ſuch an foreign, ſuch an abſurdity as you ſhall ſeldom meet with.

But give me leave to weigh it a little further; if the Subjects defending themſelves by Armes againſt the violence of oppreſſing Governours and their inſtruments be unlawfull, either it muſt be becauſe their Prince hath by conquest ſpoyled them of that liberty which God and nature gave them at the firſt. Or ſecondly, becauſe they or their Anceſtors having ſubmitted by covenant and conſent to him to be their ſupream Ruler according to Law, they muſt therefore bee interpreted to have yeelded up all their liberty ſo farre as to bee now unable with a good conſcience to defend themſelves againſt his violence though contrary to Law. Or thirdly, becauſe God hath lifted up Princes ſo far above all mortall men, that all hands are by him bound from daring to reſiſt them.

The firſt I finde not many pleading, that peoples being conquerd, makes it unlawfull for them to defend themſelves againſt the unjuſt violences of their conqueror or his ſucceſſors: Moſt of them grant, that the peoples right is to deſigne the perſon of their Prince. And indeed it is the moſt abſurd reaſoning in the world, that becauſe a ſtrong p. 7robber hath over powerd mee in my houſe, in conſcience I am tyed to be his ſervant or ſlave for ever. Becauſe Eglon Iudg. 3.Judg 3hath mightily oppreſſed Iſrael for eighteen yeares, it is unlawfull for them to ſhake off his yoak when they are able to reſiſt him: Certainly, whatever of mine another takes by violence from me, let him keep it never ſo long, it is but Continuata injuria, a continued wrong, till I conſent to his holding it; And all reaſon allowes me to recover it again as ſoon as I can. And I fear not to ſay, that had William Sirnamed the Conquerour taken and held this Crowne only by his ſword, and ruled over the Nation only by force, and all his ſucceſſors to this day had no other claim to it, all the reaſon in the world would allow us to redeem our ſelves from that yoak, if we were able.

But though the ſword begin the Conqueſt, yet many times the Conſent of the people comes in, and makes their Conquerour their lawfull King; and then ſo farre as by Covenant or Lawes, they agree to be under him for the publike ſafety and good, they are bound up from any reſiſtance. But that their parting with ſome of their liberty for the publike good ſhould (upon the uſurpation of him whom they have truſted) deprive them of that liberty which they never parted with, is moſt abhorring to reaſon. Suppoſe a free man indents with another to be his ſervant in ſome ingenious employment, as, ſuppoſe to attend upon his perſon; and expreſly indents that his maſter ſhall not have power to command him to rub his horſe heels, or fill his dung-cart, or the like; If now this maſter ſhall uſurp, and command him to ſuch ſordid employment, and by force ſeek to compell him to them, ſome ſhew of reaſon (at leaſt) there would be for the ſervant to plead that his master had forfeited all his power over him, and that he was free from his ſervice, and might goe ſeek another maſter; but no colour of reaſon that the ſervant hath now forfeited that immunity from ſordid and drudgery works that he firſt covenanted, and muſt thenceforth lie at his maſters feet, as wholly proſtitute to all his Imperious humours.

Secondly, can it be imagined, by reaſon that a people ſubmitting to a lawfull government, ſhould thereby be neceſſitated to that which may overthrow the end of all government, that is, inability to provide for their common ſafety. That whereas when they were free and under no government at all, they might by the law of nature defend themſelves p. 8againſt injury: now having ſubmitted, though upon good conditions, they are utterly diſabled to defend themſelves if he that ſhould be their Protector, would prove their Murtherer: If he who both in himſelfe and inſtruments ſhould be only for the puniſhment of evill and the praiſe of them that doe well, will goe, or ſend, or ſuffer a company of theeves or murtherers to goe in his name, and ſpoile and deſtroy them that do well: can their being ſubjects (in reaſon) deprive them of their defence allowed them by the law of nature? yea were they not guilty of ſelfe-murther in ſuffering ſuch a thing? For inſtance, ſome of our Hiſtorians relate of King Iohn, that he was tranſported with ſo deep a hatred againſt his Nobles and Commons, that he ſent an Ambaſſadour to Miramumalin, entituled the great King of Africa, Morocco, and Spaine, wherein he offered to render unto him his Kingdome, and to hold the ſame from him by tribute as his Soveraigne Lord, to forgoe the Chriſtian faith (which he held vaine) and receive that of Mahomet; like enough ſome Court-Chaplaine (may be the Clerk that went on the errand) might warrantize the Kings conſcience, and tell him, that it was the more ſhame for them who profeſt the Chriſtian Religion, to compell him to it. But whether the King did lawfully or not, is not our queſtion, but whether the ſubjects might lawfully have reſiſted that attempt of his, and have ſtood for their Religion, Lives, and Liberty.

Thirdly, is it not quite contrary to reaſon, that whereas Kings and Rulers nothing differing by nature from their meaneſt ſubjects, were at firſt conſtituted, and are ſtill continued for the protection, welfare, benefit, yea and ſervice of the people; and who therefore ſhould value their prerogatives, ſcepters, and lives no further then they may advance the publike good, yet if they degenerate, and will be deſtroyers, the people ſhould ſuffer all to be ſpoyled, as if Kingdoms and people had been created by God for the will, pleaſure, profit, yea and luſts of Princes. As if a Pilot purpoſely appointed for the ſafe wafting over of paſſengers, who inſtead thereof will daſh the ſhip againſt the rocks: Or a Generall purpoſely choſen (and to whom the ſouldiers have therefore ſworne) for the ſafety of the whole Army, ſhould yet turne the Cannon mouth upon his own ſouldiers, or deliver them all up into the hands of the enemy: the paſſengers and ſouldiers, yea the officers in p. 9the ſhip, and Councell of warre in the Army, ſhould be morally diſabled from doing any thing to prevent their own apparant deſtruction. By this reaſon the Biſhop of Burgeu in the Councell of Baſil proved the Councell to be above the Pope, and a Kingdom above the King, and ſaid they were but flatterers who taught otherwiſe.Acts and Monum… vol. 1. p 8

And fourthly, doth not right reaſon as much abhorre this, that whereas Princes are the publike fathers, and the people owe them the duty of children, that theſe children ſhould be prohibited from keeping their publike fathers from the greateſt evils: If our naturall father through ignorance or diſtemper ſhould go into a peſt-houſe, his children might by force fetch him out; or if in a raging paſſion go about to kill himſelf, wife, children, or any others, their children may diſarme them, yea we are tied not to ſuffer friend or foe to incurre the guilt of rapine or blood, if it lie in our power to hinder it; and (ſpeak to my reaſon) what evill have Princes deſerved, that if they go about to murder themſelves, ſubjects, and children, not any of their people, no not the whole body politick ſhould have power to reſtrain them.

And if reaſon will allow this liberty of reſiſtance to private perſons (as even Barclay and Grotius the two great propugners of the ſacred and inviolable power of Kings, grantBarcl. lib contra … narchom. Grotius iure bel… l. 1. c. 4. …) how much more cleare, honourable, and ſafe muſt ſuch a defence needs be, when done by the repreſentative body of a State, who are Gods ordinance as well as Kings, the miniſters of God ſent by him to be a terrour to evill, and a praiſe to them that do well. And in England are the higheſt Court of Judicature, and in whom his Majeſty confeſſes there is legally placed ſufficient power to prevent Tyranny.Anſwer … the 19 p… poſition

Upon ſuch reaſons as theſe, not only Heathens have reſiſted their Princes, when bent to ſubvert their laws and liberties; but even moſt of the States of Chriſtendome, Papiſts and Proteſtants when they have been put to it, have borne defenſive Armes againſt the unlawfull violences of their miſled Princes.

But now if notwithſtanding all this faire ſhew of reaſon Gods word hath determined the contrary, we muſt lay our hands upon our mouths and ſhall no longer deſerve to be accounted the ſervants and ſubjects of Chriſt, then while we turne our reaſon (how ſpecious ſoever) out of doores, when once it offers to oppoſe the leaſt Iota of his revealed p. 10will. But where is this Scripture to be found? Certainly the good Subjects in the Old Teſtament knew it not. Sauls Subjects who ſwore that Saul ſhould not kill Ionathan, nor pluck an haire from his head, though Saul had ſworne by God he ſhould die, knew no ſuch Scripture and I believe that if the ſame men had been about him when he proteſted the Prieſts of the Lord ſhould die, they would not only have with-held their own, but Doegs hands from doing execution. David knew no ſuch Scripture; nor the 600 men with him, that would have fortified Keilah againſt Saul. Nor thoſe many choice men of the ſeverall Tribes of Iſrael, among whom were ſome of Sauls brethren and kindred and chief officers, that fell to David (though Saul had proclaimed him traitor)… Chron. … to 22. from day to day to help him, till it was a great hoſt like the hoſt of God: And all this while David was (though an innocent yet) but a private man. And I think if Elias had took himſelfe bound in conſcience to render himſelfe priſoner to the Captains which Ahaziah ſent for him, he would not have killed them with fire from heaven: Neither would Eliſha have taken ſuch a rough courſe with the meſſengers ſent to take his head. Nor would the eighty valiant Prieſts have thruſt Ʋzziah by force out of the Temple, who was a King ſtill, though a Leper. Neither can theſe examples be eluded with ſaying theſe were extraordinary perſons; for firſt they were not all ſo, not the people that reſiſted Saul, nor the people that fell to David, nor the eighty Prieſts, unleſſe in the extraordinarineſſe and valiancy of their ſpirits: And for the extraordinary perſons themſelves, I know nothing why their examples may not be pleaded, for our Defenſive Armes, as well as Davids eating the ſhewbread was pleaded by our Saviour, for his Diſciples rubbing the ears of corn, unleſſe they can firſt ſhew, that their practice was againſt a known law, I mean, unleſſe there were ſome known law that Innocents might not defend themſelves, and one another againſt the unjuſt violence of their Princes. Indeed we often read in the Old Teſtament of Fearing the King, Honouring the King, Obeying the King, which their practice ſhewes they underſtood to bind them to yeeld Honour, Loyalty, Obedience, and Subjection to their Magiſtrates according to law; but not that they were bound to let them doe what miſcheife they pleaſed.

p. 11Neither is there any more in the new Teſtament; there indeed are full and frequent exhortations to ſubmit our ſelves to Magiſtrates, to be ſubject to the higher Powers which are ordained of God, and not to reſiſt the Ordinance of God; but not one word that we may not reſiſt the Tyrannie of men, no colour for it, unleſſe any will ſay that Tyrannie is Gods Ordinance, that Tyrants beare the ſword for the puniſhment of evill doers, are the Miniſters of God, &c. full proof there is that we muſt be under the authoritie of Rulers, that is, under their Legall Commands; not one word of being at the diſpoſe of their illegall wills: … Chry… Matthias po… lib. 3. Sect 3.The word uſed there is foreign, derived ab foreign, licet, to ſhew as one obſerves, that the Text bindes ſubjects to obey Superiours not ablibitum, but ablicitum, not to obey their lawleſſe luſts and wills, but their lawfull authority, without reſiſting. And ſurely it were ſtrange, that if God had laid this yoke of ſubjection to the illegall will of Rulers, that neither the Jewes under their Kings, nor under Antiochus, nor the Churches of Chriſt, nor the primitive Churches after once their religion and liberties were eſtabliſhed by Laws, nor any of the Reformed Churches have took themſelves, concluded under it: which of all the Reformed Churches have not by their practice manifeſted, that religion bindes them not to give their throats to be cut, or their liberties and ſtates to be ſpoiled at the meer will of their Princes and their Inſtruments, contrary to their own Laws and Edicts? Were not the Lutheran Churches put to it, and defended themſelves againſt the Emperour Charles the fifth, when the Smalchaldian confederacie was entring?Sleid. hiſt l…b. 18. Did not both the Divines and Lawyers being conſulted with, agree, that the inferiour Magiſtrates might at ſome time reſiſt the Superiour? Have not the States and Churches of the Netherlands done the like conſtantly againſt the King of Spain? the Proteſtants in France againſt their Kings? How often and how lately have our brethren in Scotland done the ſame? And although ſince the Reformation England was never put to it, untill theſe unhappy differences, yet how conſtantly have our moſt learned Divines, Biſhops as well as others, defended by their Pens, and our Princes and States by their ayds of men and money, their diſtreſſed and oppreſſed Brethren and Neighbours in the like caſe; and now in our own ſight both the King and States have acquitted the Scots, as having done nothing in their late defence, but what became good Subjects. Abbot … Laliſo. d… mon ſtra… Antichr… 6. 7. Bilſ… differ. between Chriſtia…And what p. 12the judgement of this Nation was in the time of Popery is plain enough by their practice, in their uſuall taking of Armes, and not leaving till they had compelled their Princes to ratifie their Priviledges and Charters, which through ill Counſellors they had infringedBed…s letter to Wadſworth And obſerveable it is, that becauſe the Biſhops and Clergie of thoſe times ſaw the Princes go about to take down their pride, they were ever the moſt forward to juſtifie the proceeding of the State; and I ſuſpect, in caſe the Tables were turned, and we had a King endeavouring to take downe the Biſhops, to take away Pluralities, Non-Reſidents, &c. and a Parliament ſeeking to maintain them, the world would hear another Divinity from many of them, who now crie out, that all our defence is damnable.

But leſt I might be thought not to have weighed the Scripture and reaſons of both ſides equally, I will give you a further account what my thoughts were and are concerning the Scriptures uſually pleaded againſt this reſiſtance, and the reaſons deduced from them. The ſtrongeſt hold they pretend to, is built upon Romans 13. 1. &c. 1 Peter 2. 13, 14.Rom. 13. 1. … Pet. 2. 12.Rom 131 Pet 2:12 where we are enjoyned ſubjection to the Higher Powers, eſpecially to the King as Supreme, and all know that Nero the then ſupreme Governour, was no better then a Tyrant. Anſw. Firſt, it is obſervable that this objection and almoſt all the reſt taken out of the Scripture make the caſe of all Subjects in all Kingdoms to be alike; that although (as I touched before) there are hardly two Kingdoms in the world but do differ in Laws Cuſtoms and Conſtitutions bounding the Kings authority and the Subjects obedience, yet if any of theſe would change the the bounds of his authority (for inſtance, If the King of Denmarke, or Sweden or Polonia would invade the liberty of his Subjects, and make himſelfe as abſolute, (not onelyonly as the King of England, but) as the King of France, or Spaine, or the Great Turk) this argument tyes all their Subjects from reſiſting; let any man ſhew an outgate for the Subjects of the one, which will not let out others, and for my part I will yeeld the cauſe: If they ſay theſe Kings tooke their Crowns upon thoſe termes, and the Subjects indented to have libertie of reſiſtance in ſuch caſes, then they grant that where the Laws of the Kingdom allow a liberty of reſiſtance, reſiſtance may be uſed notwithſtanding theſe texts, which is as much as we plead for: If any people have covenanted in no caſe p. 13to reſiſt let them ſeek another anſwer, in the mean time theſe Texts tie not thoſe from reſiſting (by their own anſwer who have not tyed themſelves.

Secondly, I appeal to their own judgements, whether theſe Texts forbid all forcible reſiſtance; Suppoſe a Prince in his rage ſhould go about to kill himſelfe, or runne ſome innocent man thorow with his ſword, might no man take the ſword out of his hand? and if it be lawfull for a private man to diſ-arme him of the weapons wherewith he would kill one, may not the State take ſuch weapons out of his or the hands of his Inſtruments, wherewith they goe about to deſtroy all. Thirdly, both Texts lay the ſame charge for ſubjection to inferiour Magiſtrates, who likewiſe have their authoritie from God, though under the Superiour: As our Saviour ſaid to Pilate, who was but a Deputy, thou couldſt have no foreign, no power at all againſt me, if it were not given thee from above. And may no reſiſtance be made againſt the unjuſt violence of inferiour Officers; if there may, it is ſufficient; ſure I am, the Texts have not one word to allow the one and prohibite the other. Fourthly, what one ſyllable in either of theſe Texts ſo much as looks towards the forbidding of a people to reſiſt Tyrannie, but onelyonly that we reſiſt not the Magiſtrates in the rightfull exerciſe of their authority given them by God: the Texts ſpeak not of their perſons, but of their power; not of their dictates, but of their legall commands; no more of Kings than of an higher Power in an Ariſtocracie or Democracie, binding all perſons to ſubject themſelves to that Power and Authoritie which in the ſeverall places where they live is the Higheſt or Supreme power.

Object. But Nero was a Tyrant.

Anſw. Not in his five firſt years, nor ſecondly, was he a Tyrant in all things; he had authoritie to rule according to Law, that was not his Tyrannie; his Tyrannie was, what he uſurped contrary to the Law: nor thirdly, were all his under-Officers Tyrants, many of them could ſay with Feſtus, Acts 25. It is not the manner of the Romanes to deliver any man to die, before that he which is accuſed have the accuſers face to face, and have leave to anſwer for himſelfe; and would accordingly diſmiſſe them, if they had done nothing worthy of death, or of bonds.

p. 14Object …Object. 2. But doth not the thirteenth Chapter of the Romans plainely binde mens hands from reſiſting the Supreme Power.

Anſw.Anſw. By the Supreme power muſt be meant, that power, which by the originall and fundamentall Conſtitution of any People and Nation, hath authoritie to make Lawes which ſhall binde the whole Nation, to diſpoſe of the eſtates and lives of any perſon or perſons for the good of the Nation to judge every perſon and perſons in the Nation determinatively and concluſively, ſo as from that judgement there is no appealing, that power it ſelf being ſubject to the judgement and authoritie of none but God:… and Ariſtotle makes three diſtinct Branches of this power.

1. The power of making and repealing Lawes, a Legiſlative power.

2. The power of making Warre and Peace, of impoſing Cuſtomes and Tributes.

3. The power of judging Cauſes and Crimes ultimately and deciſively: …where theſe three meet, and make their reſidence, whether in one perſon, as in abſolute Monarchs; or in many, as in mixed Monarchies or Ariſtocracies; or in the body of the people, as in the ancient Roman Government, there is the higheſt power which every ſoule is forbidden to reſiſt: But now what ever be the higher power in England, moſt certain it is, that the Kings abſolute or illegall will, is not the higheſt power, that hath neither power to make Laws, nor repeale Laws; that hath not power to acquit or condemne; nor may men appeal from the Kings lawfull judgement Seate to the Kings abſolute will; but his legall will in the higheſt Court, or the King and Parliament may make Lawes or repeal Lawes, may engage the whole Nation in a Warre, and command both the Bodies and Purſes of men unto the ſervice, is the higheſt Court of Iudicature, to which all may appeal, and from which none may appeal, and conſequently againſt which there is no reſiſtance. So that if men would read this Text of the thirteenth to the Romans, in plaine Engliſh, it amounts directly to thus much, Let everie ſoul in England be ſubject to King and Parliament, for they are the higher powers ordained unto you of God, whoſoever therefore reſiſteth King and Parliament, reſiſteth the Ordinance of God, and they that reſiſt ſhall receive to themſelves damnation. I would deſire no other Text but this p. 15to confound the great Chaplains and Champions of the Antiparliamentary cauſe, or to ſtrike terrour into their Loynes, if their long converſing with God-dammee's, hath not drawn ſuch a Kawl over their hearts, that to them damnation is ridiculous.

Ob. 3.Object. 3. But doth not Saint Peter ſay expreſly, the King is Supreme, 1 Pet. 2. 12.

Anſw.Anſw. 1. It may as well be tranſlated Superiour, as Supreme, the ſame word in the 13 of the Romans is tranſlated Superiour, higher, not higheſt. 2. It is plain, the Apoſtle is not there conſtituting Governments, but giving direction to people to obey the Government they lived under; and the Text hath as much ſtrength to enforce ſubjection to Ariſtocracie, as to Monarchy: If the people of Pontus, Aſia, Cappadocia, Bithynia, were under an abſolute Monarchy, as ſometimes they were, being petty Kingdoms crumbled out of the great Monarchy of Alexander; and it may be did retain yet the ſame forme of Government, if not of their own, yet as lately received from the Romans; all that can be enforced from thence is, That the Apoſtle names the Kings of thoſe particular Countries to be ſuch as they were, and commands ſubjection to them, but no wayes tyes other Kingdoms to be like unto them.

Ob. 4.Object. 4. But we in England by our oaths, do acknowledge the King to be Supreme.

Anſw.Anſw. 1. We willingly grant Him to be Supreme, to judge all perſons in all cauſes according to His Laws, and the eſtabliſhed Orders of the Kingdom; but not at or by His abſolute will or pleaſure. 2. Whoever conſiders the title, ſcope, and words, both of the Oath and the Act of Parliament that enjoynes it, will eaſily ſee that both the Act and Oath were intended in oppoſition to that Supremacie which the Pope ſometimes challenged and uſurped in this Kingdom of England, and no more: And this to be the true intent and meaning of it, appears more fully by that explication or limitation of the Oath, made the next Parliament, 5. Eliz. Wherein it is declared, That that Oath made, 1. Eliz. ſhall be taken and expounded in ſuch form, as it is ſet forth in an admonition added to the Queens Injunctions publiſhed, Anno 1. of Her Raign, viz. To confeſſe or acknowledge in Her, Her Heirs and Succeſſors, no other Authority then that which was challenged and p. 16lately uſed by King Henry the eighth, and Edward the ſixth. And by this time you may ſee how little offenſive theſe two (ſo much boaſted) Texts are to our defenſive Arms.

Object.Other places of Scriptures the adverſaries ſeem not much to confide in, therefore I will paſſe them over the more briefly; yet let us a little conſider of them, Matth. 26. 52. Matth. 26. 52.Matt 26:52They that take the ſword ſhall periſh with the ſword. Where Chriſt ſeems to rebuke Peter for uſing defenſive Arms againſt the Officers that came with a pretext of authority to apprehend Chriſt.

Anſw.Anſw. 1. This is not a reproof of the ſword taken for juſt defence, but of the ſword taken for unjuſt oppreſsion, and a comfort to thoſe that …re oppreſſed by it; for Origen, Theophylact, Titus, Euthimius, interp… the meaning to be, That Chriſt doth not rebuke Peter for uſing defenſive Arms, but to let Peter know that he need not ſnatch Gods Work out of his hand; for God would in due time puniſh thoſe with the ſword, that came thus with the ſword againſt him; and that theſe words are a Propheſie of the puniſhment which the Roman ſword ſhould enact of the bloudy Jewiſh Nation; according with the like expreſſion, Revel. 13. 10. He that kills with the ſword, muſt be killed with the ſword, here is the patience, and faith of the Saints, that is, This may comfort the Saints in their perſecutions, that God will take vengeance for them. But Secondly, Suppoſe it was a reproof of Peters uſing the ſword; then the plain meaning is to condemn Peters raſhneſſe, who drew his ſword, and never ſtaid to know his Maſters minde, whether he ſhould ſtrike or not; and ſo reproves thoſe who raſhly, unlawfully, or doubtingly uſe the ſword: Adde this, That now was the hour come of Chriſts ſuffering, and not of his Apoſtles fighting, wherein Chriſt would not be reſcued, no, not by twelve Legions of Angels, much leſſe then by the ſword of man; Therefore he ſaith to Peter, put up thy ſword, &c. But intended not that it ſhould alwayes be unlawfull for his people to uſe the ſword in their juſt defence, againſt unjuſt violence; for then he would never have commanded them, but a little before, that he that hath two Coats, let him ſell one and buy a ſword.

Object.Eccleſ. 8. 2. &c. Eccle. 8. … &c.Eccl 8I counſell thee to keep the Kings Commandment, &c. He doth whatever he pleaſeth, &c. Where the word of a King is, there is power, and who may ſay to him what doſt thou?

p. 17Anſw.Anſw. 1. No man can underſtand it literally in all things, as if every Commandment of the King muſt be kept, as if no actions of the King might be ſcanned, nor reproved by any man, as the Canoniſts ſay of the Pope, That if he lead thouſands to hell, none may ſay, why doſt thou ſo? Surely, if Saul command to murder the Lords Prieſts, that commandment need not be kept? If David lie with his neighbors wife, Nathan may ſay, why doſt thou ſo? If Ahab murder Naboth, and ſwallow his Inheritance, worſhip Baal, perſecute and kill the Prophets of the Lord, Elijah may reprove him; notwithſtanding this Text, Who can ſay unto him what doſt thou. Secondly, The Text plainly enough interprets it ſelf, Keep the Kings Commandment, according to the Oath of God, ſtand not in an evill thing againſt him, he hath power to do what ever he will. Siſcelus patraveris effugere non poteris, Mercer. ad LocumIf you commit evill, you cannot eſcape puniſhment, where the word of a King is, there is power. viz. To puniſh them that do evill, and none to call him to account for doing it, and who can ſay unto him, what doſt thou.

Object.Another Text is, Prov. 8. 15. Prov. 8. 15.Prov 8:15By me Kings raign, &c. Whence they plead, That becauſe Kings and Princes receive their authority only from God, and the people at the utmoſt only deſigne the Perſon, but give him none of his power; therefore they may in no caſe, take away his power from him.

Anſw.Anſw. 1. It ſaith no more of Kings, then of Nobles, Senators, and all other Judges of the earth; for it follows, By me Princes rule, and Nobles, even all the Judges of the Earth. Secondly, Although no ſuch thing is in the Text, That the people give no power to the Magiſtrate, yet we will ſuppoſe it to be true, what then will follow more then this, That although they may not take from the Magiſtrate that power which God hath given him; yet they may defend themſelves againſt ſuch unjuſt violences, as God never gave the Magiſtrate power to commit. A woman hath power to deſigne the perſon of her husband to her ſelf, but the authority of a husband is from God; now though the wife may not take away the husbands juſt authority, ſhe may defend her ſelf againſt oppreſſion and injury.

Some alleadge Gods judgement upon the two hundred and fifty Princes, Numb. 16.Num. 16Num 16

p. 18Anſw. They were Rebells againſt their lawfull Governours, ruling exactly, according to the expreſſe will of God, and may all thoſe periſh with them who will plead for ſuch as they are.

Object.Others alleadge, 1 Sam. 8. 11.1 Sam. 8. 11.1 Sam 8:11 Where the people are let to underſtand how they ſhall be oppreſſed by their Kings; yet for all that, have no juſt cauſe of reſiſtance; for they ſhall have no other remedy left them, but preces & lachrimae, crying to the Lord, Verſ. 8.

Anſw.Anſw. But ſaith the Text ſo? Let us read the words a little, and you ſhall cry out in that day, becauſe of the King, which you have choſen, and the Lord ſhall not hear in that day. Is this to ſay, they have no juſt cauſe of reſiſtance, nor no remedy left, but complaining; indeed, if the Holy Ghoſt had ſaid, you ſhall not reſiſt, nor fight for your liberties, &c. There had been ſome ſhew of reaſon for ſuch a deduction, as ſome would extort from them; but yet, even then, why might not the words have been a prediction of the curſe of God upon the people, giving them up to ſuch a baſe degenerate ignoble ſpirit, that they ſhall have no heart to ſtand up in the defence of their liberties and lives, rather then a prohibition of ſuch reſiſtance. The Lord foretells the people, Ezek. 24. 21. Of calamitous times, in which he tells them, Verſ. 24, That they ſhould not mourn or weep; Will any man interpret this, as if God made it unlawfull for them to mourn, or to weep, or was it not rather a prediction of their ſtupidity of ſpirit, when they ſhould pine away under theſe calamities, ſo Jere. 27. God ſaid they ſhould put their necks under the yoke of the Kings of Babylon; Will any man thence gather, That other People are bound to put their necks under the yoke of a forraign enemy invading them. In one word, the plain meaning is, That this people ſhould dearly rue it for caſting off the form of Government which God had choſen for them; and when they ſhould mourn under their own choice, God would not take the yoke from off their necks; and ſo it is a threatning of a judgement, not an impoſition of a dutie.

…bject.But David durſt not lift up his hand againſt the Lords Anointed, though he did tyrannically perſecute him; yea, though it were ſometimes in his power to have killed him.

Anſw. No man pleads that any David ſhould kill the Lords Anointed; p. 19yet he may defend himſelf againſt his unjuſt violence, as David here did.

Object. But if they may not kill him, who can be ſecured, That in a battle (as at Keynton field) his bullet may not hit the Lords Anointed.

Anſw. Is this their fault, who have ſo often Petitioned His Majeſty to withdraw Himſelf from ſuch dangerous wayes, as both the Parliament and his Excellencie hath done; if their Petitions would have been received, or rather theirs? Who (the worſe ſubjects they, and the more accurſed they) have led Him into theſe unnaturall Warres, and do in a manner inforce His preſence in them; did they bear that affection to His Majeſtie as they pretend, They would with Davids men, Swear, thou ſhalt no more go out with us to battle, leaſt thou quench the light of Iſrael, 2 Sam. 21. 17. We have heard much of the Cavaliers ſwearing, but I never yet heard that one of them had the honeſty to ſwear this; nay they are wronged in reports, if ſome of them have not ſworn the contrary.

Object. But David would not fight againſt him.

Anſw. Indeed he never did fight againſt him, becauſe his numbers never were conſiderable till towards the laſt, but he would have fortified the City of Keilah againſt him, and it had been a ſtrange madneſſe to have had 600 men with him, if his conſcience would have ſuffered him to have done nothing but flee, ſure one might more eaſily be hid then 600. But there is a plain Text aſſuring us that David and his men would have done more then run up and down, if occaſion had ſerved, 1 Chron. 12. 16. and ſo forward. When divers of the children of Judah and Benjamin came to joyn with him, David went out to meet them, and ſaid, If ye be come to help me, &c. But if ye come to betray me to my enemies, I being innocent, the God of our fathers look upon it, and rebuke it. Now mark their anſwer, the ſpirit came upon Amaſa the chief Captain, and he ſaid, Thine are we David, and of thy ſide, peace be to thee, and peace to thy helpers, then David received them, and made them Captains of the band: Can any man imagine their meaning was to run up and down the Countries with him, if they were able to cope with any number that Saul ſhould bring, or ſend againſt them, eſpecially adding this to it, That they fell to him from the ſeverall Tribes p. 20day by day, till his host was like an hoſt of God. Now by theſe mens arguiment, if Davids hoſt had been fourty thouſand, and Saul come againſt him but with five or ſix hundred they muſt all have fled from him, and not have put it to a battell. Credat Judaeus Appella, non ego.

ObObject. But the Fathers of the Primitive times knew no defence but preces & lachrymae in all their unjuſt ſufferings.

Anſ.Anſw. … Go… A… … Demon ſtra… Antichr. c. 7.1. It follows not, becauſe they knew it not, therefore we cannot know it: there might be ſpeciall reaſons of Gods diſpenſations towards them. 2. Their Liberties and Religion were not eſtabliſhed by Law, and this was the cauſe ſaith Abbot Biſhop of Salisbury why the Chriſtians in the Primitive times before their Religion was eſtabliſhed by Law, caedebantur non caedebant, would rather be killed then kill: But after the times of Conſtantine, when Religion was eſtabliſhed, they ſhook off the yoke of perſecution from the Church, & caedebant non caedebantur, they did kill rather then be killed. 3. Where did any of the Fathers ever oppoſe this opinion, and condemn this practiſe, that is, declaring it unlawfull eſpecially for a repreſentative body to defend themſelves againſt the unjuſt violence of their miſled Princes: I beleeve if any ſuch teſtimonies were to be found, the Parliament ſhould have heard of them before this time. 4. We want not examples of ſuch defence in the Primitive times, when once Religion was eſtabliſht by Edict of the Romane Empire, and Licinius the Emperour of the Eaſt (legum violator maximus, contrary to Law and his Covenant) would perſecute the Chriſtians, they defended themſelves by Arms, and Conſtantine the great joyned with them; And as Euſebius ſaith,Euſeb. 10. c. 8. 9 held it his dutie, infinitum hominum genus, paucis nefariis hominibus, tanquam quibuſdam corruptelis è medio ſublatis, in columes ſervare. To deliver an infinite multitude of men, by cutting off a few wicked ones, as the peſts and plagues of the time. The Chriſtians living under the Perſian King, and wronged by him, ſought for help from the Romane Emperour Theodoſius, and were aſſiſted by him, and when the King of Perſia complained that Theodoſius ſhould meddle in a…fairs of his Kingdom, Niceph.Theodoſius anſwered, that he did not onelyonly protect them becauſe they were ſuppliants, but was ready to defend them, and no way to ſee them ſuffer for Religion, it being the ſame with p. 21their own. It ſeems they thought it as lawfull to help an innocent people againſt the oppreſſions of their own Prince, as for one neighbour to ſuccour another againſt theeves and robbers. The Macedonians obtained of the Emperour Conſtantius, four thouſand armed men to help them drive out the Novatians from Paphlagonia, Niceph. 9. 42the Orthodox aſſiſted the Novatians againſt the unjuſt violence, and were armed falcibus, clavis, & ſecuribus, with ſithes, clubs and hatchets, and cut off almoſt all the Souldiers, and many of the Paphlagonians. At Conſtantinople the Orthodox defended Paulus his Election againſt Macedonius and his abettors, though aſſiſted with the Militarie Forces, and the Hiſtorian Socrates 2. c. 10.blames them onelyonly for killing the Commander Hermogenes. Socrates l. 5. c. 11.Juſtina Valentinianus mother, infected with Arianiſme, commanded to baniſh Ambroſe, but the people reſiſted, and for a while defeated the plot of them who would have ſent Ambroſe into baniſhment. The inhabitants of Armenia the greater profeſſing the Chriſtian Faith, Zo…omen. 7. 13. Evagri. l. 5. c. 7.were abuſed by the Perſians (among whom they lived) eſpecially for their Religion, they entred into a league with the Romanes for their ſafetie. You ſee here are ſome examples where the ancient Chriſtians uſed defenſive Arms, and I doubt not but ſuch as are well read in the ſtories of thoſe times might produce many more.

Object.But there is one Doctour who goes about to prove by reaſon, that oppreſſed Subjects ſhould not defend themſelves againſt their Princes, though bent to ſubvert Religion, Laws, and Liberties, becauſe (forſooth) ſuch reſiſtance tends to the diſſolution of Order and Government, that is, to diſable Princes from ſubverting Religion, Law, and Liberty (which is the very diſſolution of all Order and Government) tends to the diſſolution of all Order and Government; as if hindring a man from pulling down his houſe, were the pulling down the houſe: As if the hindring the Pilot from daſhing the Ship againſt the rock, tended to daſh the Ship againſt the rock; If any man elſe ſee any colour of reaſon in this reaſon, I deſire them to make it appear, for for my part I can ſee none.

And indeed the caſe is ſo cleer, that moſt of them who cry down defenſive Arms, though they uſe ſuch Scriptures and Arguments to work upon the conſciences of people, yet when they come to diſpute p. 22it, will hardly endure to have the Queſtion rightly ſtated, (as being unwilling to daſh againſt the rock of moſt learned Divines, whether Proteſtants or Papiſts, and I think of almoſt all Politicians) but fall to diſcuſſe matters of fact, charging the Parliament with invading the Kings juſt Prerogative, uſurping an exorbitant power and authority, &c. yea His Majeſtie in all his Declarations inſiſts onelyonly upon this, never ſuggeſting that in Conſcience they are prohibited to defend themſelves, in caſe he ſhould violently invade their Liberties, yea, expreſly grants that there is power ſufficient legally placed in the Parliament to prevent Tyrannie.

And therefore now I leave the caſe of Divinitie, and ſhall more briefly give you an account what ſatisfied me in the ſecond, I mean matter of fact, that His Majeſtie being ſeduced by wicked councell did leavie war againſt the Parliament: My great evidence was, the Parliament judged ſo; the judgement of a Parliament of England was never queſtioned till now by a people of England: all Patents, Charters, Commiſſions, Grants, Proclamations, and Writs of the Kings of England, receive their judgement, and are often repealed and made null by a Parliament: all controverſies betwixt the King and Subject receive their finall determination in the Parliament; the judgements of all other Courts are ratified or nullified by a Parliament. I have heard ſome wiſe men ſay, that a Parliament in England (like Pauls ſpirituall man) judgeth all, and it ſelf is judged of none, and therefore if I ſhould give you no other account of my entring upon my Office in the Armie (which was not to fight, nor meddle in the Councell of War, but onelyonly to teach them how to behave themſelves according to the Word, that God might be with them) ſhould I (I ſay) give no other account but the determination of that wiſe aſſembly, I ſhould be acquitted by indifferent men. But although I had learned that no diſhonourable thing ſhould be imagined of that Honourable Aſſembly, yet I held it my dutie not to yeeld blinde obedience, or go by an implicite Faith, but ſearch whether the things were ſo, and the rather becauſe both ſides have appealed to heaven to that God, who no doubt in due time will clear the righteous cauſe: And upon my ſearch theſe things were quickly apparent.

p. 23It was very cleare that the perſons too much prevailing with His Majeſty had long before this Parliament a deſigne for overthrowing our Lawes, enſlaving our Liberties, and altering our Religion, and it had ſo far prevailed that we were tantùm non ſwallowed up, and when through the good Providence of God, this Parliament was called, and many hopes conceived that now his Majeſty ſeeing the miſchiefe of adhering to ſuch ill Counſellors, would for the time to come be wholly guided by the great Councell of his Kingdome, alas it ſoone appeared that the ſame kinde of Counſellors were ſtill moſt prevayling, inſomuch that (ſoone after the pacification with Scotland) the Northerne Army ſhould have beene brought up to London, as appeares by the very Oaths of ſome who ſhould have acted it, a thing then thought ſo pernicious, that not onelyonly the chiefe actors fled beyond the Seas, but many reall Courtiers earneſtly ſolicited their friends in both Houſes, that this our in excuſable error might be paſſed over, and now to begin upon a new ſcore. But that which made me the more ſuſpect their prevailing with his Majeſty was, that the horrid Rebellion broken out in Ireland, the Rebels pretending His Majeſties and the Queens Commiſſion for their warrant, it was at leaſt three moneths after, before they were proclaimed Traytors, and when it was done no Copies of the Proclamations to be got for love or money; whereas when the Scots were proclaimed Rebels and Traytors, it muſt ſpeedily be publiſhed in all the Churches of England. I muſt acknowledge this made me to think that the Parliament had juſt cauſe to be jealous of great danger. But when His Majeſty returned from Scotland, diſcharged the guard which the Parliament had ſet for their owne ſafety, & an other denied except under the charge of the Queenes Chamber-lain, and His Majeſty himſelfe entertained divers Captaines as a ſupernumerary guard at Whitehall, went to the Houſe of Commons after that manner to demand the five members to be delivered unto Him; The Earle of Newcaſtle (now Generall of the Armie of Papiſts in the North) ſent to Hull, attempting to ſeize it and the Magazine there, His Majeſty according to the Lord Digbies Letters retiring from the Parliament to a place of ſtrength, and the Queene going beyond Sea to rayſe a party there; I muſt have ſhut my eyes if I had not ſeene danger, and thouſands of thouſands would have thought he Parliament altogether ſenceleſſe if they had not importuned His p. 24Majeſty (as they did) to ſettle the Militia, all former ſettlings of it by Commiſſions of Lievtenancy being confeſſedly voyd: His Majeſty refuſing this in that manner as they thought neceſſary for ſecurity, they Voted the putting of it into the hands of perſons whom they thought the State might confide in (though alas many of them ſince have diſcovered to us how vaine is our hope in man,) And ſecured the Town of Hull and the Magazine there: ſoone after this His Majeſty in the North ſeiſed New-Caſtle and under the name of a guard begun to raiſe an Army; all this was done before the Parliament Voted that His Majeſty ſeduced by wicked councell, &c. And when His Majeſties Army was more encreaſed, hee then declared that hee was reſolved by ſtrength to recover Hull and the magazine and to ſuppreſſe the Militia: After this indeed the Parliament began to make vigorous preparations by their propoſitions for Plate, Money, Horſe, &c.

This being the true progreſſe and ſtate of the buſines, I ſaw cleerly all along, the Kingdome and Parliament were in danger, that it was therefore neceſſary to have the Militia and Navy in ſafe hands, which His Majeſty alſo acknowledged; That he refuſed to ſettle it for a time in the way they conceived neceſſary, and that by the judgement of both Houſes when they were full, they had power by the fundamentall Lawes of the Kingdome to ſettle it eſpecially for a time upon His Majeſties refuſall; That His Majeſty rayſed force, and declared it was to ſuppreſſe the Militia, and recover Hull and the magazine is as cleare, and made pregnant preparations both at home and beyond the Seas: And the civill Lawyers ſay that pregnant preparations are the beginning of a War. The onelyonly Queſtion remaining was, whether the Parliament did juſtly in ordering the Militia, and ſecuring the Magazine and Navy, in a confeſſed time of danger upon ſuch His Majeſties refuſall.

What the Kings power and prerogative, and what the Parliaments power was for ſecuring the Militia in time of danger according to the Lawes of England was out of my profeſſion, and in great part above my skill; But certainly unleſſe I was bound rather to believe the Votes of the Papiſts and other Delinquents about his Majeſty, who hitherto had prevailed to bring upon us all the miſeries that wee have laine under, then the Votes and Judgements of the higheſt Court of Judicature in p. 25England, (which ſo far as I have heard was never by Common Law or Statute Law preſumed to be guilty of, or charged with the overthrow of the Kings prerogative, or the Lawes and Liberties of the Subjects untill now, and who have given us ſo much evidence of their wiſdome, watchfulneſſe and faithfulneſſe) I was bound to be concluded under their Teſtimony, and ſo conſequently that His Majeſty was ſeduced, &c. And ſurely if men who ſerve upon Juſtice betweene Prince and People, party and party, in matters of life or State, may reſt in the reſolution of the learned Iudges that this, or that is Law when themſelves know it not: well might I reſt in the judgement and reſolution of that Court, which is the Iudge of all the Iudicatures in the Land. And in caſe I were unſatisfied to whom ſhould I appeale in whoſe judgement I might more ſafely reſt, eſpecially when I ſaw their Vote agreeable to that which is the ſupreame Law of all Nations, namely, that Publique ſafety is the higheſt and deepeſt Law, and that it is requiſite that every State have a power in time of danger to preſerve it ſelfe from ruine? and no Law of England more known, then that the Parliament is the higheſt Court from whence there is no appeale. This ſatisfaction I had then, and ſince by the Declarations and Remonſtrances of the Parliament concerning theſe Military matters, and by other Bookes lately publiſhed, it is moſt apparent that they have not uſurped upon His Majeſties Prerogative, but what they have done is agreeable to the practiſe of former Parliaments, In putting the Militia, Forts and Navy into ſafe hands in theſe times of danger; And that it was therefore lawfull for them, yea, neceſſary to take up theſe defenſive Armes, and conſequently to call in for ſupply from all ſuch who ſhould ſhare with them in the benefit of preſervation, and to diſable ſuch from hurting them who were contrary minded: I ſpend no time to anſwer the Objections that ſome make, that His Majeſty could not tarry at LONDON with ſafety of His Perſon, that the Lords and Commons that are with Him, were driven away by popular Tumults, and could not enjoy freedome of their Votes, &c. Becauſe I thinke theſe things are now believed by none, but ſuch as would believe no good of the Parliament though one ſhould riſe from the dead againe.

Thus Sir you have a juſt account of the grounds that firſt induced p. 26mee to owne this Cauſe; you deſire to know whether I ſee not yet reaſon to repent of what I have done, I confeſſe I never undertooke any thing but I ſaw cauſe to repent of my miſcariage through the corruption which cleaves to mee, and great cauſe I have to bewaile my many failings in this great Worke, but for the Worke it ſelfe, I as ſolemnely profeſſe, I never ſaw cauſe to repent of my appearing in it; the Cauſe is a right Cauſe, the Cauſe of God, my call to it, a cleare call, and though the Worke prove harder and longer then at firſt it was thought, yet the Cauſe is farre clearer then at the firſt,

The Worke indeed is harder then I expected, for whoever could have believed he ſhould have ſeen in England ſo many Lords and Commons even after their ſolemne Proteſtation, to defend the Priviledge of Parliament, And their own Vote; that His Majeſty ſeduced by wicked councell intended War againſt the Parliament, ſo ſhamefully to betray the truſt committed to them? ſo many of the Proteſtant Profeſſion joyning with an Army of Papiſts (under pretence of mantaining the Proteſtant Religion againſt a Proteſtant Parliament) to fight themſelves into popery? ſo many unworthy Gentlemen fight to deſtroy a Parliament, and thereby fight themſelves and poſterity into ſlavery? ſo many Papiſts in Armes contrary to ſo many knowne Lawer, and armed with Commiſſion, to diſarme Proteſtants contrary to their knowne Liberties, and the Proteſtants who exceed their number an hundred fold not to riſe as one man to ſubdue them? And who would have believed that he ſhould have ſeen after all this an Army rayſed by the Parliament in ſuch an extremity, for ſuch an end, (having hazzarded their lives, undergon all theſe hardſhips, performed all theſe ſervices, and whoſe untimely disbanding may prove our irrecoverable ruine) ſtrai…ed for want of pay while England is worth a groate. Behold, regard, and wonder marvelouſly, I relate a thing which many will not believe though it be told unto them. Hab. 1. 5.

But though the Worke be harder, the caſe is ſtill clearer, both in regard of th… intentions of the Parliament and alſo of their adverſaries. For the Parliament, multitudes would not believe, but that they had further aimes then their own and the publique ſafety, that they intended it not to depoſe His Majeſty, yet by force of Armes to compell p. 27him to that which is not fit for a King to yeild to; But now by their frequent petitioning of His Majeſty eſpecially by the reaſonableneſſe of their late Propoſitions and Inſtructions, wherein they deſire a preſent disbanding of all Armes, even before any other bills were paſt, and were willing to have the Ports, Forts and Sh…s, &c Of the Kingdome reſigned up into His Majeſties hands, provided onelyonly that in theſe times of danger they might, Pro bac vice, be put into the hands of ſuch as the State might confide in; The ſincerity of their intentions are now ſo plaine, that I think Malignity it ſelf cannot but be convinced of them.

And the intentions of the contrary councells are as plaine, their mask now falling off, and their deſigne more then ever diſcovered to be the overthrow of Parliament, liberty, Lawes and Religion. For at firſt we had Declarations to preſerve all the juſt priviledges of Parliament, but now we ſee men proclaimed Traytors for executing the Commands of the two Houſes, and the two Houſes themſelves, if not in direct, yet in equivalent tearmes proclaimed Traytors, yea denyed to be a Parliament, becauſe His Majeſty withdrawes himſelfe, and after multitudes of Petitions refuſes to returne, and becauſe many of their Members have deſerted them, and are protected by His Majeſty from the Houſes who have ſent for them. Yea, they are required to recall their Votes as illegall, and that ſuch as they have fined and impriſoned may bring their Habeas Corpus to be tried in an inferiour Court. Yea, people provoked to ſcorne them, and thereupon multitudes not fearing to trample upon, and caſt as vile ſcorne and contemptunjuſtly upon that thrice-honorable Court, as ever was caſt juſtly upon the Commiſſaries Courts.

We have heretofore been aſſured that the knowne Lawes of the Land ſhould be the onelyonly rule of government: but (to name no other inſtances) now we ſee the Commiſſion of Array to be juſtified to be Law, which the Parliament hath not only declared, but demonſtrated, and the Countries (where ever it hath prevailed) found, to be the utter deſtruction of all the Lawes made for the Subjects liberty.

Heretofore Proclamations were put out that no Papiſts ſhould be entertained into His Majeſties Army, becauſe the reſolution was p. 28to maintaine the Proteſtant Religion; But now we ſee them armed, and armed with Commiſſion, and Proteſtant Doctors in their writings juſtifying it, and being armed dare profeſſe their Religion publiquely, ſet up their maſſe in the ſecond City of the Kingdome, cutting … pieces, and burning Bibles, and as multitudes of reports come from beyond the Seas, (and the ſupplies that come from thence confirme it) all the Papiſts in Chriſtendome contributing to this War as to the Catholique cauſe. Heretofore the Liberty of the Subject ſeemed to be ſtood for, yea defended againſt the Parliament, (as if it were poſſible the repreſentative body ſhould enſlave it ſelfe) and in the meane time while theſe things are promiſed, hundreds, yea thouſands of his Majeſties Subjects plundred with His Majeſties Proclamations againſt plundering, in the hands of diverſe of the plunderers. And their perſons led away in Ropes and Chaines like Turkiſh Gallyſlaves, and many caſt into Priſons and Dungeons only for detending themſelves againſt robbers and murderers abuſing His Majeſties Name: where their Jaylours uſe them worſe then the Turkes doe their Chriſtian ſlaves, or one that hath any thing of man in him could uſe a dog.

And when all theſe things are now done, the Parliament not only ſitting, but having ſo much ſtrength in the Field, what can we expect when theſe men have prevailed, when at the putting on of their harneſſe their uſuall language is nothing but blaſphemy againſt God, (not to be mentioned,) and againſt His people calling all that adhere to his and the Kingdoms Cauſe, Parliament dogs, and Parliament rogues? what language will you expect to heare if once they come triumphantly to put it off? If while the event is uncertaine they cut us out ſuch kinde of Lawes, Liberties, and Parliament-priviledges as theſe are, if God for our ſinnes ſell us into their hands, thinke if you can, what Lawes, Liberties, and Parliament-priviledges our poſteritie ſhall finde Recorded in our bloud; for our ſelves alas, who ſhall live when God doth this, nay who would deſire to live? I would rather with holy Auſtin make it my humble ſuite to that God whoſe are the iſſues of life and death, that he would rather take mee from the Earth, then let mee live to ſee His deare Church, and my native Countrey delivered p. 29into the hands of ſuch Blaſphemous, and barbarous Men.

So that in ſtead of repenting and withdrawing from the Worke, I could wiſh that my voyce were able to reach into every corner of the Kingdome, and that I could awaken all people to ſee the danger and miſery that is flowing in upon them. That every ſoule might be quickened up to make his owne, and helpe to make Englands, bleeding, dying Englands peace with God, and every one who hath any intereſt in Heaven to cry mightily unto that God in whoſe hand the hearts of Kings are, and who rules in the Kingdomes of men, that the power of our God might be great towards us, in turning away theſe imminent calamities, and turning the heart of our King towards His great and faithfull Councell, and reſcuing Him out of the hands of this Generation of men who delight in blood. Our God hath nor yet ſayd, pray not for this people, but if the Lord ſay he hath no delight in us, Righteous art thou O Lord, and juſt are all thy judgements: onelyonly let us not be acceſſary to our own deſtruction, and the deſtruction of ſo flouriſhing a Kingdome; let us not through our covetouſneſſe or cowardize, ſelfelove or ſloth, betray our Lawes, Liberties, Lives, Religion into the hands of men from whoſe hands, we befoole our ſelves if we expect more mercy, or leſſe miſery, then the poore Chriſtians of Conſtantinople found with the Turkes, when thankes to their owne niggardlineſſe (O let it never be ſo with England) they fell into their hands. Oh let us labour to prevent their Swords thruſting into our bodies, and their Swords into our Soules, let our God doe with us what he will, let us doe what we ſhould, and while we have any money in our purſes, any blood in our veines, or any ſpirits in us, devote all to the maintenance of this rightfull cauſe, and if we periſh, we periſh.

Nor doe I feare to be for this condemned by any right diſcerning man as an incendiary to a Civill War, I know the miſeries of a Civill War: Warre is the ſevereſt of all Gods judgements, and Civill War the cruelleſt of all Warres, where is the greateſt hatred, the deepeſt treachery, the moſt unnaturall butcheries, where the father murders the ſonne, the ſonne the Father, the brother embrues his hands in his brothers blood, and whoever gaines, all are p. 30looſers: Quis ſuror O cives, quae tanta licentia belli? Oh the madneſſe of our age and Countrey, if England have ſuch a luſt to War can we find no forraigne Enemies, but we muſt Warre againſt ou… ſelves, and at this time too, Cumque ſuperba foret Babylon Spoliand… trophaeis. When the proud Turrets of the whore of Babylon are to be levelled with the Earth: when Germany, when Jreland are to b… reſcued out of her bloudy pawes? Can we finde no fitter Obj… for the fury of the Cannon, then our Townes, Houſes, Bodies? Bu… alas! The Generation with whom we have to deale had rather … thouſand times ſee the glory of England in the duſt, then the pride o… Rome: And though a civill War be miſerable, yet no ſuch miſery as the peace which they would beteeme us, a Sicilian veſpers or a Pariſian maſſacre, from which good Lord deliver us, Save Lord let the King heare us when we call.

Thus Sir, you have my thoughts at large, you may either lay this Letter by you, or communicate it for the ſatisfaction of others at your own pleaſure, I bleſſe God I am gathering ſtrength, and hope ere long by my returne to my Lord and the Army (if God pleaſe not to ſmile upon us with a ſafe Accomodation in the meane time) to give a reall proofe that my judgement is the ſame that formerly it hath been, and I hope you believe my affection is the ſame ſtill to you, and therefore without further trouble, I ſubſcribe my Selfe.

Your loving friend, Stephen Marſhall.

FJNJS.

End of the text · Stephen Marshall, Letter to Vindicate Himself and Ministry (1643)