The Sovereign Power of Parliaments and Kingdoms Part 3, Discourse 2 (1 of 4)

The Sovereign Power of Parliaments and Kingdoms Part 3 · Discourse 2 (1 of 4)

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

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

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

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

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

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

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

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

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

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

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

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

p. 64Secondly, 2.That all Subiects and perſons whatſoever, are obliged both in point of Law and Conſcience to diſobey, reſiſt, and not execute, the uniuſt illegall Commiſſions, Mandates of their Kings, and other Magiſtrates. This is evident by the Midwi…es refuſall to murther the Hebrewes Male-children at King Pharoabs command, for which God bleſſed them, and built them houſes, Exod 1. 15. to 20. By Balaams deniall to curſe or defie the Iſraelites, at King Balacks intreaty. Numb. 22. & 23. & 24. By the refuſall of Sauls Guard and Footmen to ſlay or fall on the Prieſts a Nob, by King Sauls perſonall command, though preſent, and not onelyonly their King but Maſter too: 1 Sam. …2. 17. 18. By Ionathans denyall to kill, or conſent to the death of David upon Sauls mandate, though not onelyonly his Soveraigne, but Father, although he might have gained the Crowne by it, and indangered his owne life by refuſing it, 1 Sam. 20. 27. to 42. By Sauls Armour-beares forbearance to runne him thorow with his Sword, when he fled before the Philiſtimes, though he as his King and Maſter enioyned him to doe it; leſt the uncircumciſed ſhould come and thruſt him through and abuſe him. 1 Sam. 3…. 4. By Mordechai his denyall to bend the knee to Haman, the great Favourite, though the King had ſo commanded, Eſther 3. 1. 2. 3. 4. 5. By Shadrac…, Meſhach Abodnego, and Daniels refuſall, to eat of the Kings portion of meat and wine aſſigne… them, leaſt they ſhould be deſiled, Dan. 1. 5. to 12. By their peremptory reſolution, not To fall downe and worſhip King Nebuchadnezzars golden Image, though twice ſtrictly commanded by the King to doe it, and threatned to be caſt into the fiery Furance (as they were) for refuſing it, Dan. 3. 4 to 30. By Daniels diſobeying the Kings and Lords Jdolatrous Decree, not to offer a Petition to any God or man for 30. dayes, ſave of King Darius, under paine of being caſt into the Lyons Denne, Dan. 6. 5. to 24. By the Phariſes and chiefe Prieſts Officers neglect to apprehend our Saviour for his Preaching, though enjoyned ſo to doe by their Maſters, Iohn 7. 32. to 48. By the Apoſtles refuſall to give over Preaching, and perſeverance in Preaching, notwithſtanding the High Prieſts and Councels expreſſe Inhibitions and doubled Commands, ſeconded with Apprehenſions, Impriſonments, Scourgings; and their direct reſolutions in this very caſe, ddSee Gratian Cauſ. 11. q. 3.That we ought to obey God rather then men, Acts 4. 12. to 22 cap. 5. 17. to the end. By Peters Preaching to, and converſing with the Vncircumciſed Gentiles, notwithſtanding the Chriſtian Iewes diſlike, Acts 11. 1. to 19. with infinite Preſidents of this nature in Eccleſiaſticall Hiſtories; the very ſufferings of all the ccSee Fox Acts & Monum. French Book of Mattyrs, with others.Martyrs depending on this ground alone: which is backed by Matth. 10. 28. 32. 33. Luc. 12. 4. 8. cap. 9. 23. 24. 25. 26. Ezech. 2. 3. to 9. Rev. 13. 3. to the end. Rom. 12 1. 2. John 16. 2. 3. 1 Theſſ. 2 14. 15. 16. Exod. 32. 2. Joſh. 24 15. Pſalm. 44. 15. to 23.

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

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

Secondly,2 That reſiſtance which is warranted by direct Precedents recorded, approved in Scripture even by God himſelf, muſt queſtionleſſe be lawfull in caſe of co… ſcience: But the reſiſtance even of Kings, their higheſt Magiſtrates, officers in the execution of their unjuſt Commands is thus warranted. Therfore, doubtles, it muſt be lawfull in point of Conſcience. The Minor (only queſtionable) is thus confirmed. Firſt, by the notable example of the Prophet Elijah, 2 Kings 1. 2. to 16. who ſending backe King Ahaziah his Meſſengers (ſent by him to enquire of Baal…zebub the God of Ekron, whether hee ſhould recover of his diſeaſe) with an harſh Meſſage to the King, contrary to his Command, which they diſobeyed; thereupon this King, in an angry fume, ſent two Captaines with 50. men apeece, one after another, to apprehend the Prophet for this affront; (asggAntiq. Iud. lib. 9. cap. 1. Ipſe Prophetae cum minatus vim eſſet, ut ni ſponte ſua faciat, vi coactum eo pertrahat. &c. Ioſephus, with other Interpreters accord,) who comming with their forces to him, ſaid; Thou man of God, the King hath ſaid, p. 66come downe quickly. To whom he ſucceſſively anſwered: If I be a man of God, then let fire come downe from Heaven, and conſume thee and thy fifty; And there came fire from heaven thereupon, and conſumed two Captaines and their fifties: but the third Captaine and his fifty, who humbled themſelves to the Prophet, and begged the ſparing of their lives, were ſpared; the Angel of the Lord bidding the Prophet to goe downe with them to the King, and not be afraid. From which Text it is infallible, even by a divine Miracle from heaven, doubled by God himſelfe; That it is lawfull for Subjects in ſome caſes, to reſiſt the unjuſt violence of the Souldiers and Captaines of their Kings though armed with their Regall Commands. Secondly, by the Hiſtory of the Prophet Eliſha, 2 Kings 6. 31, 32, 33. Who when King Ioram (his Soveraigne) had ſworne unjuſtly in his fury; God doe ſo to me and more alſo, if the head of Eliſha ſhall ſtand on him this day; and thereupon ſent a Meſſenger before him to Eliſha his houſe to take away his head; the Prophet was ſo farre from ſubmitting to this Inſtrument of his; that he Commanded the Elders ſitting then with him in the houſe, to looke when the Meſſenger came, and ſhut the doore, and Hold him faſt at the Doore, though the ſound of his Maſters feet (the King) were behind him; whom he ſtiles, the ſonne of a Murderer. Might theſe two eminenteſt Prophets thus openly reſiſt the Captaines, Souldiers, and unjuſt Executioners of their Princes, with a good Conſcience; and may not others lawfully doe the like? No doubt they may. Thirdly, (If I bee not much miſtaken) this kind of reſiſtance is warranted even by Chriſt himſelfe, and his Apoſtles: For a little before his Apprehention, Chriſt uttered this ſpeech unto his Diſciples, Luke 22. 36, 37, 38. But Now, he that hath no Sword, let him ſell his garment and buy one, &c.—And they ſaid, Lord, behold, here are two Swords. And he ſaid unto them, it is enough. Why would Chriſt have his Diſciples buy Swords now, unleſſe it were for his and their owne better Defence, being the time when he was to be apprehended.hhMatth. 26. Mar. 14. Luc. 22. Iohn 18.Matt 26Mark 14Luke 22John 18 Soone after this Judas and his Band of men ſent from the High Prieſts, with Swords and Staves came to ſeize upon Chriſt. Which when they who were about him ſaw what would follow: They ſaid unto him; Lord, ſhall we ſmite with the Sword? His commanding them to buy Swords now, was ſufficient ground for this queſtion, and intimation enough, that they might now uſe them: whereupon Chriſt giving no negative anſwer; One of them which were with Ieſus (and John directly ſaith it was Peter) ſmote a ſervant of the High Prieſt (whoſe name was Malchus) and cut off his right eare. Hereupon Jeſus anſwered and ſaid, Suffer yee Thus Farre: SoiiLuc. 22. 50. 51.Luke 22:50Luke 22:51 Luke; Marke relates no anſwer at all reprehending this fact:kkIohn 18. 10. 11.John 18:10John 18:11 Iohn records his ſpeech to Peter thus. Then, ſaid Ieſus unto Peter, Put up thy Sword into the ſheath. The Cup which my Father hath given me, ſhall I not drinke? To which Matthew addes, llMath. 26. 52 53.Matt 26:52thinkinſt thou that I cannot pray to my Father, and he ſhall preſently give me more then twelve Legions of Angels? But how then ſhall the Scriptures bee fulfilled, that thus it muſt be? So that the reaſon why Chriſt bade Peter thus to put up his ſword; was not becauſe he thought defence of himſelfe, and Peters ſmiting now altogether unlawfull in it ſelfe; but onelyonly inconſiſtent with Gods preſent providence, which it ſhould ſeeme to croſſe. Chriſt was now bymmActs 2. 23. Cap. 4. 27. 28. Luk. 24. 21. 26. 27. Iſay 53.Acts 2:23Luke 24:21Luke 24:26Luke 24:27Isa 53 Gods eternall decree, and the Scriptures prediction, (which muſt be neceſſarily fulfilled) to ſuffer death upon the Croſſe for our iniquities: ſhould Peter then, with the other Diſciples have totally reſiſted his apprehention at this time, and proceeded ſtill to ſmite with the Sword as they began, till they had reſcued our Saviour, he could not then have ſuffered, nor the Scriptures p. 67be fulfilled: had it not beene for this ſpeciall reaſon (rendred by Chriſt himſelfe, to cleare all ſcruples againſt the Lawfulneſſe of ſelfe-defence in ſuch caſes,) Peter might ſtill have uſed his ſword to reſcue his Maſter from theſe Catchpoles violence; and if he and his fellowes had beene too weake to withſtand them, Chriſt was ſo farre from imagining that hee might not have lawfully defended himſelfe; that hee informes them, he could (and would no doubt) have preſently commanded whole Legions of Angels from heaven, by his Fathers approbation, to reſcue him from unjuſt violence. And his Speech to Pilate, after his taking, plainely, iuſtifies the lawfulneſſe of ſuch a forcible defence with Armes to preſerve a mans life from unjuſt execution: Iohn 18. 36 If my Kingdome were of this world, Then would my Servants fight (in my Defence and Reſcue) that I ſhould Not be delivered to the Iewes: but now my kingdom is not from hence. All which conſidered, clearely juſtifies, the Lawfulneſſe of reſiſting the Kings, or higher Powers Officers, in caſes of apparant unjuſt open violence or aſſaults; and withall anſwers one grand argument againſt reſiſtance from our Saviours preſent Example: namely,**See Doct. Fernes reſolving of Conſcience. An Appeale to thy Conſcience, with others who muchrely on this ill foundation. Chriſt himſelfe made no reſiſtance when hee was unjuſtly apprehended; Ergo, Chriſtians his Followers (Ergo, no Kings, no Magiſtrates too, as well as Chriſt the King of Kings, and Lord of Lords, for they are Chriſtians as well as ſubjects;) ought not to make any forcible reſiſtance of open violence: Which argument is a meere inconſequent; becauſe the reaſon why Chriſt reſiſted not theſe Purſevants, and High Prieſts Officers, was onelyonly, that his Fathers decree, and the Scriptures foretelling his Paſſion might be fulfilled, as himſelfe reſolves; not becauſe hee deemed reſiſtance Vnlawfull, which he even then approved, though hee practiſed it not, as theſe Texts doe fully proove.

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

Thirdly,3 That kind of reſiſtance which hath no one Text, nor Example in Scripture to impeach its lawfulneſſe, but many Texts and precedents to countenance it, muſt doubtleſſe be lawfull in point of Conſcience. But the reſiſting of Kings invading pillaging, deſtructive Forces (who have nothing to plead; to juſtifie all their Villanies but a void illegall Warrant) hath no one Text nor example in Scripture to impeach its lawfulneſſe, for ought I can finde; (and if there be any ſuch, I wiſh the Oppoſites would object it, for Rom. 13. as I ſhall ſhew hereafter, doth no waies contradict, but approve it:) But it hath many Texts and precedents to countenance it; as the premiſes and ſequell atteſt:4. Therefore it muſt doubtleſſe bee-lawfull in point of Conſcience.

Fourthly, it is confeſſed by all men, (yea thoſe who are moſt intoxicated with an oo… Luc. O…inder. Ench…nd Contr c. 9. & 10. De Magiſtr. ….Anabaptiſticall ſpirit, condemning all kind of warre, refuſing to carry Armes to defend themſelves againſt any Enemies, Theeves, or Pirates) that it is lawfull not onelyonly paſſively to reſiſt their Kings unlawfull Commands, and invading Forces, but p. 69likewiſe by flight, hiding, or other pollicies, to evade and prevent their violence; which is warranted not onelyonly byppExod. 2. 15. &c.Exod 2:15 Moſes, qq1 Sam. 19. to 31.1 Sam 19Davids, andrr1 King. 19.1 Kgs 19 Elijahs, their ſeverall flights from the violence of the Egyptians, Saul, and Iezabel, who ſought their lives; but likewiſe byssMat. 2. 13. 14. 15.Matt 2:13Matt 2:14Matt 2:15 Ioſeph, Mary, and Chriſt himſelfe, who fled into Egypt to eſcape the hands and but chery of King Herod; by Chriſts own direction to his Diſciples Matth. 10. 23. But when they perſecute you in this City, flee yee into another; and that Prediction of his Matth. 23. 34. Behold, I ſend unto you Prophets, and wiſe men, and Scribes, and ſome of them ye ſhall kill and crucifie, and ſome of them ſhall you ſcourge in your Synagogues, and perſecute them from City to City; which was really fulfilled. Acts 8. 3. 4. c. 9. 1 2. c, 11. 19. c. 13. 50, 51. c. 14. 1, to 24, c. 17. 1. to 16. c. 22. 42. c. 26. 11. 12. c. 9. 24, 25, 26. 2 Cor. 11. 32. 33. Rev. 12. 6. Of which reade more in Tertullian his booke De Fuga in perſecutione. Hence then I argue thus. That unjuſt violence of Princes and their Armies, which Subjects with a ſafe conſcience may decline and flee from, when as they want power, meanes, or convenience to reſiſt it, they may no doubt lawfully reſiſt even with force of Armes, when they have ſufficient meanes and conveniences to reſiſt, and cannot flee or ſubmit thereto, without the publicke ruine: ſince the ſame juſtice and equity, which enables them by flight or ſtratagem to decline unjuſt aſſaults of a ſuperior power, or its judgements, doth likewiſe enable them to eſcape and prevent it with reſiſtance, when they cannot doe it by flight or other policie: If then they may lawfully with a ſafe conſcience hide, flee, or uſe lawfull policies, to prevent the open injuſt violence of their kings and their Officers, when not guilty of any capitall crime deſerving cenſures; becauſe by the very light of nature, and Law of Charity they are obliged to preſerve themſelves from unjuſt tyrannie; and are no wayes bound to ſubject themſelves to the cruelty, the unjuſt aſſaults, or oppreſſions of others: then by the ſelfeſame reaſon, they may lawfully with force of Armes defend themſelves againſt ſuch violent unjuſt attempts which they are no way obliged to ſubmit unto, when as they cannot conveniently ſecure themſelves and the publicke, but by ſuch reſiſtance, and ſhould both betray their owne, the publicke ſafety, and Religion (as the Subjects and Parliament ſhould now do) in caſe they did not reſiſt by force of Armes to the utmoſt of their power: and becomett1 Tim. 5. 8.1 Tim 5:8 worſe than. Infidels, who have even thus oft provided for their owne and the Republickes ſecuritie.

Fiftly, God himſelfe, the fountaine oft juſtice, the uuZeph 3. 5. Eſay 45. 21.Zeph 3:5Isa 45:21God of xx1 Cor. 14. 33 40.1 Cor 14:33Order, theyyIob 7. 20.Job 7:20 preſerver of humane ſociety who deteſts of all tyranny, zzPſal. 5. 6. Pſal. 11. 5.Ps 5:6Ps 11:5cruelty, oppreſſion, injuſtice, out of hisaaJohn 3. 16. 1 John 4 9.John 3:161 John 4:9 Philanthropie (which brought the Sonne of his boſome from heaven to earth) would never certainely in point of policy or conſcience prohibit that, which is the onelyonly probable meanes and apparent remedy, to prevent, ſuppreſſe diſorder, tyranny, cruelty, oppreſſion, injuſtice, yea confuſion in the world; and to preſerve good order and humane ſociety: a truth ſo apparent, that no rationall man can contradict it. Therefore queſtioneſſe he never prohibited forcible neceſſary reſiſtance of the higheſt powers and their inſtruments in caſes of open unjuſt violence, and hoſtile invaſion made upon their people to ruine them, or ſubvert their eſtabliſhed government, Laws, Liberties, Iuſtice, Religion: There being no other probable ordinary meanes left to any Kingdome, Nation, People, to preſerve their government, lives, Lawes, Liberties, Religion, and to prevent, ſuppreſſe, or redreſſe tyrannie, cruelty, diſorder, confuſion, yea utter ruine, when their Kings and Governors degenerate into Tyrants, invading p. 71them with open force, but onelyonly defenſive Armes: prayers and teares alone, without military oppoſition by force of Armes, being no more able to defend a perſon, City or Kingdome againſt Oppreſſing Princes and their Armies, then againſt theeves, Pyrates or common enemies; whom they muſt and ought to reſiſt, as well with Armes as Oriſons, with Speares as well as Teares, bb1 La… 2. 12. to 42. Alfonſià Carthagena Regum, Hiſp. Acaphel. c. 44.elſe they ſhould but tempt the Lord and deſtroy themſelves (like thoſe^c Iewes and Gothes who would not fight upon the Sabbath, and ſo were ſlaine by their enemies without reſiſtance:) yea wilfully ſuffer the Commonweale to be ſubverted, Religion extirpated; Lawes trampled under feete, their own poſterities to be enſlaved, ruined without any oppoſition, even in a moment. For were it utterly unlawfull, and no leſſe than Treaſon or Rebellion, in point of conſcience for any ſubjects to take up Defenſive Armes to reſiſt the Kings army, or forces, conſiſting for the moſt part of Papiſts, Delinquents, deboiſt Atheſticall perſons of broken fortunes, feared conſciences and moſt irreligious lives, I appeale to every mans conſcience, how ſoone theſe unreſiſted Inſtruments of cruelty would utterly extirpate our proteſtant Religion, and common faith, for which we are enjoyned earneſtly to contend and ſtrive: Jude 3. Phil. 1. 27. 28. And ſhall we then yeeld it up and betray it to our adverſaries without ſtrife or reſiſtance? how ſodainely would they ruin our Parliament, Lawes, Liberties; ſubvert all civill order, government; erect an arbitrary Lawleſſe tyrannicall Regency regulated by no Iawes but will and Iuſt? how ſoone would they murther, impriſon, execute our Nobleſt Lords, Knights, Burgeſſes, beſt Miniſters, and Commonwealths-men for their fidelity to God, their King and Country? how many Noble families would they diſinherite? how many wives, widdowes, Virgins would they force and raviſh; what Cities, what Countries, would they not totally pillage, plunder, ſack, ruine, conſume with fire and ſword? how ſoone would our whole Kingdome become an Acheldama, a wilderneſſe, a deſolation, and the ſurviving inhabitants either ſlaves or beaſts, if not devils incarnate? Yea how ſpeedy might any private Officers, Captaines, Commanders, by colour of illegall Commiſſions and commands from the King, or of their Offices, and all the notorious rogues and theeves of England, under colour of being liſted in the Kings Army, if the people might not in point of Law or Conſcience reſiſt them with Armes who came armed for to act their villanies, maliciouſly rob, ſpoyle, plunder, murther all the Kings leige people, without any remedy or prevention, and by this pretext, that they are the Kings Souldiers, ſodainely ſeiſe and gaine all the armes, treaſure, forts, ammunition, power of the Realme, into their poſſeſſions in a moment; and having thus ſtrengthned themſelves, and ſlaine the Kings faithfull ſubjects, uſurpe the crown it ſelfe if they be ambitious, as many private Captaines and Commanders have anciently ſlaine divers Roman and Grecian Emperours, yea ſundry Spaniſh, Gothiſh and Mooriſh Kings in Spain by ſuch practiſes and aſpired to their Crowns, (of which there are ſundry ſuch like preſidents in moſt other Realmes:) to prevent, redres, which ſeverall deſtructive miſchiefes to People, Kingdome, Kings themſelves, God himſelfe hath left us no other certaine, proper, ſufficient remedy but a forcible reſiſtance, which all Kingdomes, Nations throughout the world, hauehave conſtantly uſed in ſuch caſes, as I ſhall manifeſt more largely in the Appendix. Therefore certainely it muſt needs bee lawfull, being Gods and Natures ſpeciall Ordinance to ſecure innocent perſons, Cities, Nations, Kingdomes, Lawes, Liberties, Lives, Eſtates, Religion, and mankinde it ſelfe, againſt the hurtfull Luſts of unnaturall Tyrants, and their accurſed inſtruments, p. 70againſt ambitious, treacherous, male-contented Spirits, maliciouſly bent againſt the publicke weale, and peace. There are two things onelyonly which uſually reſtraine inferiour perſons from murthering, robbing, diſſeiſing, injuring one another; the one is, feare of puniſhment by the Magiſtrate; the other, feare and danger of being reſiſted, repulſed with ſhame and loſſe of limbe or life by thoſe they violently aſſault, injure; and were this once beleeved, received for Law or Divinity in the world, that it were unlawful to reſiſt, repulſe a theefe, murtherer, riotor, or diſſeiſor comming in the Kings name, long enjoy his life, goods, liberty, lands, but ſome or other would deprive him of them notwithſtanding all reſtraints of Lawes, of penalties, and maintaine ſuites againſt him with his owne eſtate violently ſeiſed on; the right of lawfull defence, being every mans beſt ſecurity, to preſerve his life, eſtate, in peace againſt the violence of another, whence the wiſdom of the Common Law, makes every mans houſe his Caſtle, in the neceſſary defence wherof, and of his perſon, goods from the violence, rape of others, it gives him libertie to beate, repulſe, yea kill injurious aſſailants: which right of defence if once denyed, would open a wide gap to all wickedneſſe, injuſtice, diſorders whatſoever, and ſpeedily bring in abſolute confuſion, ſubverſion of all property, Law, Order. As for Emperors, Kings, great Officers, and other ungodly inſtruments, armed with Princes unjuſt commiſſions, who deeme themſelves above the reach of humane Lawes, cenſures, and accountable for their unjuſt actions to none but God himſelfe, there is no other knowne barre or obſtacle to hinder or reſtraine their armed violence, Tyrannie, oppreſſions, but onelyonly the feare of the oppreſſed aſſaulted ſubjects armed reſiſtance; which if once denyed to be lawfull, all Royalties would ſoone be transformed into profeſſed Tyrannies, all Kings & Magiſtrates into Tyrants, all Liberty into ſlavery, property into communitie, and every one would thereby be expoſed as a voluntary prey to the arbitrary cruelty covetouſneſſe, avarice, luſts, of the greateſt men. Therefore doubtleſſe this armed reſiſtance cannot but be lawfull, neceſſary, juſt, in point of Law and Conſcience, to eſchew theſe generall miſchiefes.

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

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

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

p. 72Ninthly,9. that which is directly oppoſite to what is abſolutely illegall, and unjuſt in point of conſcience, and the chiefe law full obſtacle and remedy, to prevent or redreſſe it, muſt certainely be juſt, be lawfull in the court of Conſcience, ſince that which is directly oppoſite to that which is ſimply ill, and unjuſt, muſt neceſſarily be good and juſt. But neceſſary juſt defence by force of Armes, is directly oppoſite to that open Armed violence, and tyranny which is abſolutely illegall and unjuſt in point of Conſcience, and the chiefe lawfull remedy and obſtacle to prevent or redreſſe it: as reaſon, experience and the premiſes evidence. Therefore it muſt neceſſarily be juſt and lawfull, even in the Court of Conſcience.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tenthly,10. by the Example of David, who being perſecuted by fedifragous diſſembling King Saul his father-in-law (a notable patterne of the inconſtancie and invaliditie of Kings ſolemneſt oathes and Proteſtations:) who contrary to many ſolemne vowes and feighned reconciliations, ſought unjuſtly to deprive him of his life; thereupon David retired from the Court, entertained a guard of foure hundred men, and became a Captaine over them, 1 Sam. 22. 2. After which Abiather eſcaping to him from Nob when the Prieſts there were ſlaine by Doeg, upon Saules command, for Davids ſake, David uſed theſe words to him. Abide thou with me, feare not, for …e that ſeeketh thy life ſeeketh my life, but with me thou ſhalt be in ſafeguard. 1 Sam. 22. 23. Soone after the Philiſtimes beſeiging Keilah, David by Gods encouragement, ſmote them and ſaved Keilah; intending there to ſecure himſelfe and his men: which Saul hearing of, ſaid; God hath delivered him into my hands; for he is ſhut in by entring into a p. 76Towne which hath gates and barres, whereupon he called all the people together to beſeige David and his men: (which he needed not doe, did he or any elſe beleeve, that they would not, ought not to have made any forcible reſiſtance:) David informed hereof; enquired ſeriouſly of God, whether Saul would certainely come downe? and demanded twice of him: will the men of Keila deliver me and my men up into his hand? And the Lord ſaid, they will deliver thee up. Had not David and his men reſolved to fortifie and defend themſelves there, if the men of Keilah would have beene faithfull to them, and beleeved they might have reſiſted Saul with his Forces, certainely he would never have preſumed to aske ſuch a queſtion twice together of God himſelfe, to receive his reſolution therein, neither would God have vouchaſed an anſwere thereto: but his double inquirie, and Gods reſolution, infallibly demonſtrate his intention to reſiſt, and the lawfulnes of his defenſive reſiſtance, would the Keilites have adhered to him. This the very next words fully cleare, 1 Sam. 23. 13. Then David and his men, about ſix hundred aroſe, and departed out of Keilah, and went whereſoever they could goe, and it was told Saul, the David was eſcaped from Keilah: Gods prediction of the Keilites treachery was the onelyonly cauſe of their departure thence, where they had reſolved to defend themſelves, of which hope being diſappointed beyond expectation, they want whither ſoever they could goe. After which David and his men being but few in number, not able in humane probability, without tempting God, to encounter Sauls great Forces, retired themſelves into woods, mountaines, rocks, ſtrong holds, wilderneſſes; where Saul purſuing them, they ſtill declined him: but had he and his army ever aſſaulted them, no doubt they would and might lawfully have defended themſelves, elſe why did they joyne themſelves in a body? why retire to ſtrong holds, and places of advantage? why**1 Sam. 23 13. to 29. c. 24. 1. to 20.1 Sam 23:13–29 twice urge David to kill Saul in cold blood, when he did not actually aſſault him, but came cauſually unawares within his danger? Why did David himſelfe, ſay, even when he ſpared his life when he was a ſleepe, 1 Sam. 26. 10. As the Lord liveth, the Lord ſhall ſmite him, or his day ſhall come to dye, or he ſhall deſcend into battell and periſh? but that if he had given him battle, he might have defended himſelfe againſt him, though Saul ſhould caſually or wilfully periſh in the fight? And why was David ſo importunate to goe up againſt him with King Achiſh to the battle wherein he periſhed, 1 Sam. 29. were reſiſtance of him, in caſe he aſſaulted him, and his Forces utterly unlawfull? This precedent of David then, if rightly weighed, is very punctuall to prove the juſtneſſe of a defenſive warre, (of which more anon) and no evidence at all againſt it.

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

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

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

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

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

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

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

Thirdly, perſonall unjuſt aſſaults and violence even of Kings themſelves may in ſome caſes lawfully be reſiſted by ſubjects; This Doctor Ferne himſelfe acknowledgeth, Sect. 2. p. 9. Perſonall defence is lawfull againſt the ſudden (much more then againſt the premeditated) and illegall aſſaults of ſuch Meſſengers of the King; yea, OF THE PRINCE HIMSELFE THVS FARRE, to ward his blowes, to hold his hands and the like: not to endanger his perſon, not to returne blowes; no: for though it be naturall to defend a mans ſelfe, yet the whole common-wealth is concerned in his perſon: the king therefore himſelfe, (much more in his Cavalliers) may thus farre at leaſt ſafely be reſiſted in point of conſcience. And that he may be ſo indeed is manifeſt by two pregant Scripture examples, The firſt is that of King Saul, 1 Sam 14. 38. to 46. where Ionathan and his Armour-bearer, routing the Philiſtimes whole Army, violated his Father Sauls command, of which he was wholy ignorant in taking a little honey one the end of his ſticke in the purſuite; hereupon king Saul, moſt raſhly and unjuſtly vowed twice one after another, to put him to death: whereupon the people much diſcontented with this injuſtice, were ſo farre from ſubmitting to the Kings pleaſure in it, that they preſently ſaid to the king: ſhall Jonathan dye, who hath wrought ſo great Salvation in Iſrael? God forbid: As the Lord liveth there ſhall not one haire of his head fall to the ground, So the people, RESCVED JONATHAN that he dyed not; though he were not onelyonly King Sauls Subject, but Sonne too. Indeede it appeares not in the Text, that Saul offered any violence to Ionathans perſon, or the people to Sauls: and it may be the peoples peremptory vow and unanimous reſolution to defend Jonathan, from this unjuſt ſentence of death againſt him, made Saul deſiſt from his vowed bloody intendment: but the word reſcued, with other circumſtances in the ſtory, ſeeme to intimate, that Ionathan was in hold to be put to death, and that the people forcibly reſcued him, out of the executioners hands. However, certainely their vow and ſpeeches declare, that if Saul himſelfe or any other by his commanded had aſſaulted Ionathan to take away his life, they**Joſephas Antiq. Judae l. 4. c. 8, p. 104. would have forcibly reſiſted them and preſerved his life, though with loſſe of their owne, beleeving they might lawfully doe it, elſe they would not have made this reſolute vow; nor could they have performed it, had Saul wilfully proceeded, but by a forcible reſcue and reſiſtance of his perſonall violence. The other is that of king Vzziah, 2 Chron. 27. 16. to 22. who preſumptuouſly going into the Temple againſt Gods Law, to burne incenſe on the Altar, Azariah the high Prieſt, and with him foureſcore Prieſts of the Lord, that were valiant men went in after him, and WITHSTOOD (or reſiſted) Vzziah the king; and ſaid unto him; It appertaineth not unto thee Vzziah to burne incenſe unto the Lord, but to the Prieſts the ſonnes of Aaron, that are conſecrated to burne p. 80inſence: go out of the Sanctuary for thou haſt treſpaſſed, neither ſhall i… be for thine honour from the Lord God. Then Vzziah was wroth, and had a cenſor in his hand to burne incenſe, and whiles he was wroth with the Prieſts, the Leproſie roſe up in his forehead: And Azariah, and all the Prieſts looked upon him, and behold he was Leprous in his forehead: AND THEY THRVST HIM OVT FROM THENCE; yea himſelfe haſted alſo to goe out, becauſe the Lord had ſmitten him. If then theſe Prieſts thus actually reſiſted King Vzziah in this ſinfull Act, thruſting him perforce out of the Temple when he would but offer incenſe; much more might they, would they have done it, had he violently aſſaulted their perſons. If any king ſhall unjuſtly aſſault the perſons of any private Subjects, men or women, to violate their lives or chaſtities (over which they have no power) I make no doubt, that they may and ought to bee reſiſted, repulſed, even in point of conſcience, but not ſlaine; though many kings have loſt their lives, upon ſuch occaſions: asssPhilip. de Melanct, Chr. l. 4. D^r Beards Theatre of Gods Iudgement l. 2. c. 29. p. 400. Rodoaldus the 8. king of Lumbardy Anno 659. being taken in the very act of adultery by the adultereſſes husband, was ſlaine by him without delay; and how kings attempting to murther private Subjects unjuſtly, have themſelves beene ſometimes wounded, and caſually ſlaine, is ſo riſe in ſtories, that I ſhall forbeare examples: concluding this with the words ofttNum. 16. Rom. 13. 1. to 6. 1 Pet. 2. 13. 14.Num 16Rom 13:1–61 Pet 2:131 Pet 2:14 Ioſephus, who expreſſely writes. That the King of the Iſraelites (by Gods expreſſe Law, Deut. 17.) was to doe nothing without the conſent of the high Prieſt and Senate, nor to multiply money and horſes over much, which might eaſily make him a contemner of the Lawes; and if he addicted himſelfe to theſe things more than was fitting. HE WAS TO BE RESISTED, leaſt he became more powerfull then was expedient for their affaires.

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

Firſt,1. it is granted by all as a truth irrefragable, that kings by Force of Armes may juſtly with ſafe conſcience, reſiſt, repulſe, ſuppreſſe the unlawfull warlike invaſive aſſaults, the Rebellious armed Inſurrections of their Subjects, upon theſe two grounds, becauſe they areuuEſay. 14. 19. to 23. Ezech. 44. 15. 16. 17. Zech. 11. 4. 5. … King. 25. 2 King. 24. 4.Isa 14:19–23Ezek 44:15Ezek 44:16Ezek 44:17Zech 11:4Zech 11:52 Kgs 24:4 unlawfull by the Edicts of God and man; and becauſe kings in ſuch caſe, have no other meanes left to preſerve their Royall perſons, and juſt authoritie againſt offenſive armed Rebellions, but offenſive armes: Therefore Subj…cts by the ſelfe-ſame grounds, may juſtly with ſafe conſciences reſiſt, repulſe, ſuppreſſe the unjuſt aſſayling military Forces of their kings in the caſe fore-ſtated, though the king himſelfe be perſonally preſent and aſſiſtant, becauſe**Estates upon Credit, 1: Sect. 378. 379. 2 Part. 1. p. 51. to 74. ſuch a war is unlawfull by the reſolution of God and men, and againſt the oath, the duty of kings: and becauſe the ſubjects in ſuch caſes have no other meanes left to preſerve their perſons, lives, liberties, eſtates, religion, eſtabliſhed government from certaine ruin, but defenſive Armes. There is the ſelfe ſame reaſon in both caſes, being relatives, therefore the ſelfeſame Law and Conſcience in both.

Secondly,2. It muſt be admitted without debate; that this office of higheſt and greateſt truſt, hath a condition in Law annexed to it (by Littletons owne reſolution) to wit, that the King ſhall well and truely preſerve the Realme, and do that which to ſuch Office belongeth; which condition our king by an expreſſe oath to all his people ſolemnely taken at their Coronation, with other Articles expreſſed in their oath (formerly recited) is really bound both in Law and Conſcience exactly to performe, being admitted p. 81and elected king by the peoples ſuffrages upon ſolemne promiſe,aaPart. 1. p. 51. to obſerve the ſame condition to the uttermoſt of his power,bbDe Princip. l. 1. 2. 3. 6. as I have accPraefat, ad Ruh. de collationibus, p. 583 584. elſewhere cleared. Now it is a cleare caſe reſolved byffGen. 9. 9. 16. c. 17. 7. 13. Pſ. 89. 28. 34. Pſ. 105. 10. Pſ. 111. 9. Eſay 55. 3. Eſay 33. 20. 21. Ioſh. 21. 45. c. 23. 14. Heb 6. 17. 18.Gen 9:9Gen 9:16Ps 89:28Ps 89:34Ps 105:10Ps 111:9Isa 55:3Isa 33:20Isa 33:21Josh 21:45Heb 6:17Heb 6:18 Marius Salomonius, confirmed at large by Rebuſſus by 12. unanſwerable reaſons, the Authorities of ſundry Civill Lawyers, and Canoniſts quoted by hi…; agreed byddDe Iure Belli. l. 2. c. 12, 13. l. 3 c. 14, 15, 16. Albericus Gentiles and Hugo Grotius, eeDe Iure belli & Pacis l. 2. c. 11. 12, 13, 24.who both largely diſpute it; That Kings as well as Subjects are really bound to performe their Covenants, Contracts. Conditions, eſpecially thoſe they make to all their Subjects, and ratifie with an Oath; ſince God himſelfe who is moſt abſolute, is yet moſtf firmly oblieged by his Oathes and Covenants made to his deſpicable vile ereatures, ſinfull men; and never violates them in the leaſt degree. If then theſe conditions and Oathes be firme and obligatory to our kings; if they will obſtinately breake them, by violating their Subjects Lawes, Liberties, Properties, and making actuall warre upon them; the condition and Oath too would be meerely voyde, ridiculous, abſur'd, an high taking of the Name of God in vaine, yea a plaine deluſion of the people, if the whole State or people in their owne defence might not juſtly take up Armes, to reſiſt their kings and their malignant Forces in theſe perſidious violations of truſt, conditions, oaths; and force them to make good their oath and covenants, when no other means will induce them to it. Even as the Subjects oath of homage and allegianceggGrotius De Iure Belli l. 2. c. 14. Sect. 3. would be meerely frivilous, if kings had no meanes nor coercive power to cauſe them to obſerve theſe oathes, when they are apparently broken: and many whole kingdomes had been much over ſeene in point of Policie, or prudence, in preſcribing ſuch conditions and oaths unto their kings, had they reſerved no lawfull power at all which they might lawfully exerciſe in point of conſcience, to ſee them really performed, and duely redreſſed, when notoriouſly tranſgreſſed, through wilfulneſſe, negligence, or ill pernicious advice.