HEAD V.

_The Principle of, and Testimony for, Defensive Arms Vindicated._

This truth is of that sort, that can hardly be illustrated by

demonstration; not for the darkness thereof, but for its self-evidencing

clearness, being scarcely capable of any further elucidation, than what

is offered to the rational understanding by its simple proposition. As

first principles can hardly be proven because they need no probation,

and cannot be made clearer than they are, and such as cannot consent to

them, are incapable of conceiving any probation of them; so this truth

of self preservation being lawful, because it is congenite with and

irradicated in every nature, that hath a self which it can preserve, can

scarcely be more illustrated that it may do so, than that it can do so.

And therefore to all who have a true respect to their own, as well as a

due concern in the interest of mankind, and zeal for the interest of

Christ, it might seem superfluous to make a doubt or debate of this:

were it not that a generation of men is now prevailing, that are as

great monsters in nature, as they are malignant in religion, and as

great perverters of the law of nature, as they are subverters of

municipal laws, and everters of the laws of God: who for owning this

principle, as well as using the practice of defensive resistance for

self-preservation against tyrannical violence, have set up such

monuments of rage and cruelty, in the murder of many innocent people, as

was never read nor heard of before. It hath been indeed the practice of

all nations in the world, and the greatest of men have maintained this

principle in all ages; but the bare asserting the principle, when

extorted by severe inquisitions, was never a cause of taking the lives

of any, before this was imposed on the poor sufferers in Scotland, to

give their judgment, whether or not such appearances for defence (as the

tyranny of rulers had forced people to) were rebellion, and a sin

against God, which they could not in conscience assert; and therefore,

though many that have suffered upon this head, have been as free of the

practice of such resistance as any; yet because they would not condemn

the principle, they have been criminally processed, arraigned, and

condemned to the death. And against this truth they have been observed

to have a special kind of indignation, either because the light of it,

which cannot be hid, hath some heat with it to scorch them; or because

they fear the impression of this in the hearts of people more than

others, knowing that they deserve the practical expression of it by the

hands of all. But the reason they give why they are so offended at it,

is, that they look upon it as the spring of all the errors of

presbyterians, and a notion that destroys them; which indeed will be

found to have a necessary connexion with many of the truths that they

contend for this day, as it hath been the necessary method of defending

them. What practices of this kind hath been, and what were the occasions

inducing, or rather enforcing to these defensive resistances, here to be

vindicated as to the principle of them, is manifested in the historical

representation, shewing, that after the whole body of the land was

engaged under the bond of a solemn covenant, several times renewed, to

defend religion and liberty; and in special manner the magistrates of

all ranks, the supreme whereof was formally admitted to the government

upon these terms; he, with his associates, conspiring with the nobles,

to involve the whole land in perjury and apostasy, overturned the whole

covenanted work of reformation; and thereby not only encroached upon the

interest of Christ and the church's privileges, but subverted the

fundamental constitution of the kingdom's government, and pressed all to

a submission unto, and compliance with that tyranny and apostasy,

erected upon the ruins thereof; yet the godly and faithful in the land,

sensible of the indispensible obligation of these covenants, resolved to

adhere thereunto, and suffered long patiently for adherence unto the

same, until being quite wearied by a continued tract of tyrannical

oppressions, arbitrarily enacted by wicked laws, and illegally executed

against their own laws, and cruelly prosecuted even without all colour

of law, in many unheard of barbarities, when there could be no access

for, or success in complaining, or getting redress by law, all petitions

and remonstrances of grievances being declared seditious and

treasonable, and interdicted as such: they were forced to betake

themselves to this last remedy of defensive resistance, intending only

the preservation of their lives, religion and liberties; which many

times hath been blessed with success, and therefore zealously contended

for, as an inadmissible privilege, by all well affected to the cause of

Christ, and interest of their country, because they found it always

countenanced of the Lord; until the cause was betrayed by the treachery,

and abandoned by the cowardice of such, as were more loyal for the

king's interests, than zealous for Christ's and the country's; for which

the Lord in his holy jealousy discountenanced many repeated endeavours

of this nature, cutting us off, and putting us to shame, and would not

go forth with our armies. But because the duty is not to be measured by,

and hath a more fixed rule to be founded upon than providence; therefore

the godly did not only maintain the principle in their confessions and

testimonies, but prosecute the practice in carrying arms, and making use

of them in the defence of the gospel and of themselves, at field

meetings; which were always successfully prosperous, by the power and

presence of God. This question is sufficiently discussed, by our famous

and learned invincible patrons and champions for this excellent

privilege of mankind, the unanswerable authors of Lex Rex, the

Apologetical Relation, Naphtali, and Jus populi vindicatum. But because

it is easy to add to what is found, I shall subjoin my mite; and their

arguments being various and voluminously prosecute, and scattered at

large through their books, I shall endeavour to collect a compend of

them in some order. The two first speak of a defensive war, managed in a

parliamentary way: and the two last, of resistance against the abuse of

a lawful power, when there is no access to maintain religion and liberty

any other way; which does not come up so close to our case, nor is an

antithesis to the assertions of our adversaries, who say, that it is no

ways lawful, in any case, or upon any pretence whatsoever, to resist the

sovereign power of a nation, in whomsoever it be resident, or which way

soever it be erected. I shall consider it more complexly and

extensively, and plead both for resistance against the abuse of a lawful

power, and against the use and usurpation of a tyrannical power, and

infer not only the lawfulness of resisting kings, when they abuse their

power (as is demonstrate unanswerably by these authors) but the

expediency and necessity of the duty of resisting this tyrannical power,

whensoever we are in a capacity, if we would not be found treacherous

covenant-breakers, and betrayers of the interest of God, and the

liberties of the nation, and of our brethren, together with the

posterity, into the hands of this popish and implacable enemy, and so

bring on us the curse of Meroz, and the curse of our brethren's blood,

crying for vengeance on the heads of the shedders thereof, and upon all,

who being in case, came not to their rescue; and the curse of posterity,

for not transmitting that reformation and liberty, whereof we were by

the valour of our forefathers put and left in possession. I shall not

therefore restrict myself to the state of the question, as propounded

ordinarily, to wit, Whether or not, when a covenanted king doth really

injure, oppress and invade his subjects civil and religious rights, or

unavoidably threatens to deprive their dearest and nearest liberties,

and sends out his emissaries with armed violence against them; and when

all redress to be had, or hope by any address or petition, is rendered

void or inaccessible, yea addressing interdicted under severe penalties,

as treasonable; then, and in that case, may a community of these

subjects defend themselves, and their religion and liberties, by arms,

in resisting his bloody emissaries? But, to bring it home to our present

case, and answer the laxness of the adversaries position of the

uncontroulableness of every one that wears a crown, I shall state it

thus: Whether or not is it a necessary duty for a community (whether

they have the concurrence of the primores or nobles, or not) to

endeavour, in the defence of their lives, religion, laws and liberties,

to resist and repress the usurpation and tyranny of prevailing

dominators, using or abusing their power for subverting religion,

invading the liberties, and overturning the fundamental laws of their

country? I hold the affirmative, and shall essay to prove it, by the

same arguments that conclude this question, as usually stated; which

will more than evince the justifiableness of the sufferings upon this

head. In prosecuting of this subject, I shall first premit some

concessory considerations to clear it. And secondly, bring reasons to

prove it.

First, For clearing of this truth, and taking off mistakes, these

concessions may be considered.

1. The ordinance of magistracy, which is of God, is not to be resisted,

no, not so much as by disobedience or non obedience, nay, not so much as

mentally, by cursing in the heart, Eccles. x. 20. but a person clothed

therewith, abusing his power, may be in so far resisted. But tyrants, or

magistrates turning tyrants, are not God's ordinance; and there is no

hazard of damnation, for refusing to obey their unjust commands, but

rather the hazard of that is in walking willingly after the commandment,

when the statutes of Omri are kept. So that what is objected from Eccl.

viii. 2-4. "I counsel thee to keep the king's commandment," &c. is

answered on Head II. and is to be understood only of the lawful commands

of lawful kings.

2. Rebellion is a damnable sin, except where the word is taken in a lax

sense, as Israel is said to have rebelled against Rehoboam, and Hezekiah

against Sennacherib, which was a good rebellion, and clear duty, being

taken there for resistance and revolt. In that sense indeed some of our

risings in arms might be called rebellion; for it is lawful to rebel

against tyrants. But because the word is usually taken in an evil sense,

therefore it would have been offensive to acknowledge that before the

inquisitors, except it had been explained. But rebellion against lawful

magistrates, is a damnable sin, exemplarily punished in Korah and his

company, who rebelled against Moses; and in Sheba and Absalom, who

rebelled against David. For to punish the just is not good, nor to

strike princes for equity, Prov. xvii. 26. and they that resist shall

receive to themselves damnation, Rom. xiii. 2. So that this objection

brought from this place, as if the apostle were commanding their

subjection without resistance to Nero, and such tyrants; as it is very

impertinent, it is fully answered above, Head II. Here it will be

sufficient to reply, 1. He is hereby vindicating Christianity from that

reproach, of casting off or refusing subjection to magistrates for

conscience sake in general. And it is very considerable, what Buchanan

says in his book de juri regni, that Paul did not write to the kings

themselves, because they were not Christians, and therefore the more

might be born with from them, though they should not understand the duty

of magistrates; but imagine, that there had been some Christian king who

had turned tyrant and apostate, 'to the scandal of religion: what would

he have written then? Sure if he had been like himself, he would have

denied that he should be owned for a king, and would have interdicted

all Christians communion with him, and that they should account him no

king, but such as they were to have no fellowship with, according to the

law of the gospel.' 2. He speaks of lawful rulers here, not tyrants, but

of all such as are defined and qualified here, being powers ordained of

God, terrors to evil works, ministers of God for good. Yea, but say

prelates, and their malignant adherents, these are only motives of

subjection to all powers, not qualifications of the powers. I answer,

they are indeed motives, but such as can be extended to none but to

these powers that are so qualified. 3. He speaks of lawful powers

indefinitely in the plural number, not specifying any kind or degree of

them, as if only kings and emperors were here meant. It cannot be

proven, that the power of the sword is only in them. Neither was there a

plurality of kings or emperors at Rome to be subject to: if he meant the

Roman emperor, he would have designed him in the singular number. All

the reasons of the text agree to inferior judges also, for they are

ordained of God, they are called rulers in scripture, and God's

ministers, revengers by office, who judge not for man, but for the Lord:

and inferior magistrates also are not to be resisted, when doing their

duty, 1 Pet. ii. 13. yet all will grant, when they go beyond their

bounds, and turn little tyrants, they may be withstood. 4. He does not

speak of Nero, concerning whom it cannot be proven, that at this time he

had the soverereign power as the learned Mr. Prin shews: or if he had,

that he was a tyrant at this time; and if he meant him at all, it was

only as he was obliged to be by right, nor as he was in deed. All men

know, and none condemns the fact of the senate, that resisted Nero at

length, without transgressing this precept. Yea I should rather think,

the senate is the power that the apostle applies this text to, if he

applied it to any in particular. 5. The subjection here required, is the

same with the honour in the fifth command, whereof this is an

exposition, and is opposite to the contraordinateness here condemned.

Now, subjection takes in all the duties we owe to magistrates, and

resistance all the contraries forbidden; but unlimited obedience is not

here required: so neither unlimited subjection.

3. We may allow passive subjection in some cases, even to tyrants, when

the Lord lays on that yoke, and in effect says, he will have us to lie

under it a while, as he commanded the Jews to be subject to

Nebuchadnezzar: of which passage, adduced to prove subjection to tyrants

universally, Buchanan, as above, infers, that if all tyrants be to be

subjected to, because God by his prophet commanded his people to be

subject to one tyrant; then it must be likewise concluded, that all

tyrants ought, to be killed, because Ahab's house was commanded to be

destroyed by Jehu. But passive subjection, when people are not in

capacity to resist, is necessary. I do not say passive obedience, which

is a mere chimera, invented in the brains of such sycophants, as would

make the world slaves to tyrants. Whosoever suffereth, if he can shun

it, is an enemy to his own being: for every natural thing must strive to

preserve itself against what annoyeth it; and also he sins against the

order of God, who in vain hath ordained so many lawful means for

preservation of our being, if we must suffer it to be destroyed, having

power to help it.

4. We abhor all war of subjects, professedly declared against a lawful

king, as such; all war against lawful authority, founded upon, or

designed for maintaining principles inconsistent with government, or

against policy and piety; yea, all war without authority. Yet, when all

authority of magistrates, supreme and subordinate, is perverted and

abused, contrary to the ends thereof, to the oppressing of the people,

and overturning of their laws and liberties, people must not suspend

their resistance upon the concurrence of men of authority, and forbear

the duty in case of necessity, because they have not the peers or nobles

to lead them: for if the ground be lawful, the call clear, the necessity

cogent, the capacity probable, they that have the law of nature, the law

of God, and the fundamental laws of the land on their side, cannot want

authority though they may want parliaments to espouse their quarrel.

This is cleared above, Head 2. yet here I shall add, 1. The people have

this privilege of nature, to defend themselves and their rights and

liberties, as well as peers; and had it, before they erected and

constituted peers or nobles. There is no distinction of quality in

interests of nature, though there be in civil order: but self defence is

not an act of civil order. In such interests, people must not depend

upon the priority of their superiors, nor suspend the duties they owe to

themselves and their neighbours, upon the manuduction of other mens

greatness. The law of nature allowing self-defence, or the defence of

our brethren, against unjust violence, addeth no such restriction, that

it must only be done by the conduit or concurrence of the nobles or

parliaments. 2. The people have as great interest to defend their

religion as the peers, and more, because they have more souls to care

for than they, who are fewer. And to be violented in their consciences,

which are as free to them as to the peers, is as insupportable to them:

yea, both are equally concerned to maintain truth, and rescue their

brethren suffering for it, which are the chief grounds of war; and if

the ground of the defensive war be the same with them and without them,

what reason can be given, making their resistance in one case lawful,

and not in the other? Both are alike obliged to concur, and both are

equally, obnoxious to God's threatened judgments, for suffering religion

to be ruined, and not relieving and rescuing innocents. It will be but

a poor excuse for people to plead, they had no peers to head them. What

if both king and nobles turn enemies to religion, (as they are at this

day) shall people do nothing for the defence of it then? Many times the

Lord hath begun a work of reformation by foolish things, and hath made

the least of the flock to draw them out, Jer. xlix. 2. and l. 45. and

did not think fit to begin with nobles, but began it, when powers and

peers were in opposition to it; and when he blessed it so at length, as

to engage the public representatives to own it, what was done by private

persons before, they never condemned. 3. The people are injured without

the nobles, therefore they may resist without them, if they be able: for

there can be no argument adduced, to make it unlawful to do it with

them. 4. It is true the nobles are obliged beyond others, and have

authority more than others to concur; but separately they cannot act as

representatives judicially: they have a magistratical power, but limited

to their particular precincts where they have interest, and cannot

extend it beyond these bounds; and so if they should concur, they are

still in the capacity of subjects; for out of a parliamentary capacity

they are not representatives. 5. All the power they can have is

cumulative, not privative; for the worse condition of a ruler ought not

to be by procuring. Why then shall the representatives, betraying their

trust, wrong the cause of the people, whose trustees they are? Nay, if

it were not lawful for people to defend their religion, lives, and

liberties without the concurrence of parliaments, then their case should

be worse with them than without them; for they have done it before they

had them, and so they had better be without them still. 6. People may

defend themselves against the tyranny of a parliament, or primores, or

nobles: therefore, they may do it without them; for if it be lawful to

resist them, it is lawful to wave them, when they are in a conspiracy

with the king against them.

5. We disallow all war without real undeclinable necessity, and great

and grievous wrongs sustained: and do not maintain it is to be declared

or undertaken upon supposed grounds, or pretended causes: and so the

question is impertinently stated by our adversaries, 'Whether or not it

be lawful for subjects, or a party of them, when they think themselves

injured, or to be in a capacity, to resist or oppose the supreme power

of a nation.' For the question is not, if when they think themselves

injured they may resist? But when the injuries are real: neither is it

every reality of injuries will justify their resistance, but when their

dearest and nearest liberties are invaded, especially when such an

invasion is made, as threatens ineluctable subversion of them. Next, we

do not say, That a party's esteeming themselves in a capacity, or their

being really in a capacity, doth make resistance a duty; except, all

alike, they have a call as well as a capacity, which requires real

necessity, and a right to the action, and the things contended for to be

real and legal rights, really and illegally encroached upon: their

capacity gives them only a conveniency to go about the duty, that is,

previously lawful upon a moral ground. No man needs to say, Who shall be

judge? the magistrate or people? For, 1. All who have eyes in their head

may judge whether the sun shine or not; and all who have common sense

may judge in this case. For when it comes to a necessity of resistance,

it is to be supposed, that the grievances complained of, and sought to

be redressed by arms, are not hid, but manifest; it cannot be so with

any party only pretending their suffering wrong. 2. There is no need of

the formality of a judge, in things evident to nature's eye, as grassant

tyranny undermining and overturning religion and liberty must be.

Nature, in the acts of necessitated ressistance, in such a case, is

judge, party, accuser, witness, and all. Neither is it an act of

judgment, for people to defend their own: defence is no act of

jurisdiction, but a privilege of nature. Hence, these common sayings,

all laws permit force to be repelled by force; and the law of nature

allows self defence: the defence of life is necessary, and flows from

the law of nature. 3. Be judge who will, the tyrant cannot be judge in

the case: for, in these tyrannical acts, that force the people to that

resistance, he cannot be acknowledged as king, and therefore no judge:

for it is supposed, the judge is absent, when he is the party that does

the wrong. And he that does the wrong, as such, is inferior to the

innocent. 4. Let God be judge, and all the world, taking cognizance of

the evidence of their respective manifestos of the state of their cause.

6. We condemn rising to revenge private injuries; whereby the land may

be involved in blood for some petty wrongs done to some persons, great

or small; and abhor revengeful usurping of the magistrate's sword, to

avenge ourselves for personal injuries. As David's killing of Saul would

have been, 1 Sam. xxiv. 10. 12. 13, 1 Sam. xxvi. 9, 10. To object which,

in this case, were very impertinent: for it would have been an act of

offence in a remote defence: if Saul had been immediately assaulting

him, it could not be denied to be lawful: and it would have been an act

of private revenge for a personal injury, and a sinful preventing of

God's promise of David's succession, by a scandalous assassination. But

it is clear, then David was resisting him, and that is enough for us;

and he supposes he might descend into battle, and perish, 1 Sam. xxvi.

10. not excluding, but that he might perish in battle against himself

resisting him. We are commanded indeed not to resist evil, but whosoever

shall smite us on the one cheek, to turn to him the other also, Matth.

v. 39. and to recompence to no man evil for evil, Rom. xii. 17. But this

doth not condemn self defence, or resisting tyrants violently,

endangering our lives, laws, religion, and liberties, but only

resistance by way of private revenge and retaliation, and enjoin

patience, when the clear call and dispensation do inevitably call unto

suffering; but not to give way to all violence and sacrilege, to the

subverting of religion and righteousness. These texts do no more condemn

private persons retaliating the magistrate, than magistrates retaliating

private persons, unless magistrates be exempted from this precept, and

consequently be not among Christ's followers: yea, they do no more

forbid private persons, to resist the unjust violence of magistrates,

than to resist the unjust violence of private persons. That objection

from our Lord's reproving Peter, Matth. xxvi. 52. Put up thy sword, for

all they that take the sword, shall perish by the sword, hath no weight

here: for this condemns only making use of the sword, either by way of

private revenge, or usurping the use of it without authority, (and so

condemns all tyrants) which private subjects do not want to defend

themselves, their religion and liberty; or using it without necessity,

which was not in Peter's case, both because Christ was able to defend

himself, and because he was willing to deliver up himself. Pool's

Synops. Critic. in Locum. Christ could easily have defended himself, but

he would not; and therefore there was no necessity for Peter's rashness;

it condemns also a rash precipitating and preventing the call of God to

acts of resistance; but otherwise it is plain, it was not Peter's fault

to defend his master, but a necessary duty. The reason, our Lord gives

for that inhibition at that time, was twofold; one expressed Matth.

xixvi. 52. For they that take the sword, &c. Which do not belong to

Peter, as if Peter were hereby threatened; but to those that were coming

to take Christ, they usurped the sword of tyranical violence, and

therefore are threatened with destruction, by the sword of the Romans:

so is that commination to be understood of antichrist, and the tyrants

that serve him, Rev. xiii. 13. He that killeth with the sword must be

killed with the sword, which is a terrible word against persecutors. The

reason is, John xviii. 11.----The cup which my Father hath given me,

shall I not drink? Which clearly refels that objection of Christ's

non-resistance. To which it is answered, That suffering was the end of

his voluntary suscepted humiliation, and his errand to the world,

appointed by the Father, and undertaken by himself, which is not our

practice: though it be true, that even in his sufferings he left us an

ensample that we should follow his steps, 1 Pet. ii. 21. In many things,

as he was a martyr, his sufferings were the purest rule and example for

us to follow, both for the matter, and frame of spirit, submission,

patience, constancy, meekness, &c. but not as he was our sponsor, and

after the same manner, for then it were unlawful for us to flee, as well

as to resist, because he would not flee at that time.

7. As we are not for rising in arms for trifles of our own things, or

small injuries done to ourselves, but in a case of necessity for the

preservation of our lives, religion, laws, and liberties, when all that

are dear to us, as men and as Christians, are in hazard: so we are not

for rising up in arms, to force the magistrates to be of our religion,

but to defend our religion against his force. We do not think it the way

that Christ hath appointed, to propagate religion by arms: let

persecutors and limbs of antichrist take that to them; but we think it a

privilege which Christ hath allowed us to defend and preserve our

religion by arms: especially, when it hath been established by the laws

of the land, and become a land right, and the dearest and most precious

right and interest we have to contend for. It is true faith Christ, John

xviii. 36. 'My kingdom is not of this world; if my kingdom were of this

world, then would my servants fight that I should not be delivered to

the Jews.' But this objection will not conclude, that Christ's kingdom

is not to be defended and preserved by resistance, of all that would

impiously and sacrilegiously spoil us of it in this world, because it is

not of this world: for then all were obliged to suffer it to be run

down, by slaves of hell and satan, and antichrist's vassals, papists and

malignants: yea, magistrates were not to fight for it, for they are

among his servants, if they be Christians. But the good confession he

witnesses here before Pilate, is, that he hath a kingdom, which, as it

is not in opposition to any cesarean majesty; so it must not be usurped

upon by any king of clay, but is specially distinct from all the

kingdoms of the world, and subordinate to no earthly power, being of a

spiritual nature; whereof this is a demonstration, and sufficient

security for earthly kingdoms, that his servants, as such, that is, as

Christians, and as ministers, were not appointed by him to propagate it

by arms, nor to deliver him their king at that time, because he would

not suffer his glorious design of redemption to be any longer retarded:

but this doth not say, but though they are not to propagate it as

Christians, and as ministers, by carnal weapons, yet they may preserve

it with such weapons as men. Hence that old saying may be vindicated,

prayers and tears are the arms of the church. I grant they are so, the

only best prevailing arms, and without which all others would be

ineffectual, and that they (together with preaching and church

discipline, &c.) are the only ecclesiastical or spiritual arms of a

church as a church; but the members thereof are also men, and as men

they may use the same weapons that others do, and ye my flock, the flock

of my pasture, are men, saith the Lord, Ezek. xxxiii. 31. Yea, from this

I shall take an argument; if it be lawful for private subjects, without

the concurrence of parliaments, to resist a tyrant by prayers and tears;

then it is lawful also to resist him by violence, but the former is

true, as our adversaries grant by this objection, and I have proved it

to be duty to pray against tyrants, Head 2. Ergo--. The connection is

founded upon these reasons, 1. This personal resistance by violence, is

as consistent with that command, Rom. xiii. 1. 2. 'Let every soul be

subject unto the higher powers--whosoever therefore resisteth the power,

resisteth the ordinance of God;' as resistance by prayer is with that, 1

Tim. ii. 1, 2. I exhort--that--supplications--be made--for kings, and

for all that are in authority. If the prince be good, the one is as

unlawful as the other; and a sinful resistance of the ordinance of God

(to pray against him) no less than the other (to fight against him.)

Therefore when he becomes a tyrant, and destroyer of the Lord's

inheritance, and an apostate, as I may not pray for him except

conditionally, but against him as an enemy of Christ; so I may also

fight against him as such. 2. As adversaries themselves will grant, that

resistance by prayers and tears is more powerful and effectual than the

other; so the laws of the land make the one treasonable as well as the

other; and that deservedly, when the prince is doing his duty; but when

he turneth tyrant, neither can justly be condemned.

These things being permitted, I shall come shortly to the purpose, and

endeavour to prove this truth, That it is a necessary duty for a

community (whether they have the concurrence of the primores, nobles,

and representatives or not) to endeavour, in the defence of their

religion, lives, laws, and liberties, to resist and repress the

usurpation and tyranny of prevailing dominators, using or abusing their

power, for subverting religion, invading the liberties, and overturning

the fundamental laws of the country. Wherein I shall be but short,

because this truth is sufficiently confirmed by all the arguments of the

second head; yet I may only hint at many others, and prosecute them in

this order. First, I shall produce some arguments from the law of nature

and nations. 2dly, From the common practice of all Christian people.

3dly, From express scriptures.

I. The arguments of the first class are very multifarious: I shall

reduce them to a few, as compendiously as may be, and only give the

strength of them in a syllogistical form, without expatiating, save

where the matter requires.

1. The great antagonists of this truth, through the clearness thereof,

are forced to assert and grant such particulars, as will by consequence

justify this plea. 1. Barclay contra Monarchum, is cited by the Apol.

Relat. and Jus Populi asserting 'That if a king will alienate and

subject his kingdom, without his subjects consent, or be carried with a

hostile mind to the destruction of his people, his kingdom is actually

lost, and the people may not only lawfully resist, but also depose him.'

Grotius de jure belli, lib. 1. cap. 4. asserts the same, and adds, 'If

he but attempt to do so he may be resisted.' The surveyor of Naphtali

grants the same, pag. 23, 24. Yea, this hath been granted in open court,

by the council of Scotland, That in case of the king's alienating his

kingdoms he may be resisted. Hence, 1. If vendition or alienation of

kingdoms, or attempts of it, do annul a king's authority, then an

alienation of them from Christ, to whom they are devoted by covenant,

and selling to antichrist, as is attempted by this king, gives the

people a right to resist him; but the former is here conceded:

Ergo--(2.) We need say no more to apply the other, that carrying a

hostile mind to the destruction of the people does forfeit his kingdom,

and gives the people right to resist, than that a papist is always known

to carry a hostile mind to the destruction of protestants, and all the

designs declared these 27 years have been demonstrative efforts of it.

2. Dr. Ferne acknowledgeth, 'That personal defence is lawful against the

sudden, illegal, and inevitable assaults of the king's messengers, or

of himself, in so far as to ward off his blows, or hold his hands. As

also, he alloweth private persons liberty to deny subsidies and tribute

to the prince, when he employeth it to the destruction of the

commonwealth.' Hence, (1.) If one may defend himself against the sudden,

illegal, and inevitable assaults of the king or his messengers; then may

many men, in defence of their lives and liberties, defend themselves

against the surprising massacres, the sudden assaults, and much more the

devised and deliberate assaults of a tyrant's bloody emissaries, which

are illegal and inevitable, as all their furious and bloody onsets have

been; but the former is here allowed: therefore,--3. Bodin de Repub.

lib. 2. cap. 5. granteth, 'If a king turn tyrant, he may lawfully, at

his subjects request, be invaded, resisted, condemned, or slain by a

foreign prince.' Hence, if foreign princes may lawfully help a people

oppressed by their own sovereign; then people may resist themselves, if

they be able and hold in their pains; but the former is here granted:

therefore----The consequence cannot be denied, for foreigners have no

more power or authority over another sovereign, than the people have

themselves. 4. Arnisaeus de Author. Princip. c. 2. n. 10. granteth, 'That

if the prince proceed extrajudicially, without order of law, by

violence, every private man hath power to resist.' So the surveyor of

Naphtali, as above, 'Grants so much of a woman's violent resisting

attempts against the honour of her chastity, and tending to ensnare her

in sin, whereof, her non-resistance makes her guilty.' Hence, (1.) If

every extrajudicial violence of a prince may be resisted; then also all

contrajudicial violence against law or reason must be opposed, for that

is more grievous, and all their violences, wherein they do not act as

judges, must be resisted, and that is all together, for in none of them

they can act as judges; but the former is here granted: therefore--2.

If a woman may defend her chastity against the king, lest her

non-resistance make her guilty, (oh, if all women had been of this mind,

the country would not have been pestered so with the king's bastards);

then may a nation, or any part of it, resist a tyrant's attempt upon the

honour of their religion, enticing them to fornication with the mother

of harlots, lest their non-resistance make them guilty; but the former

is here yielded: therefore,--5. That same Arnisaeus, cap. 4. saith, 'Of

the former (to wit, he who is called a tyrant in title) it is determined

by all without any difficulty, that he may be lawfully repulsed, or if

by force he be gotten into the throne, he may warrantably be thence

removed, because he hath not any jot of power which is not illegitimate,

and unto which resistance is forbidden for the fear of God and for

conscience sake, and therefore he is no further to be looked at than as

an enemy.' This is so pat and pertinent to the present possessor of the

government, that no words can more particularly apply it. 6. Grotius de

jure belli, lib. 1. cap. 4. granteth, the law of not resisting does not

bind when the danger is most weighty and certain, 'And we do not plead

for it in any other case.' And further he says, 'The law of

non-resistance seemeth to have flowed from them, who first combined

together into society, and from whom such as did command did derive

their power: now, if it had been asked of such, whether they would

choose to die, rather than in any case to resist the superior by arms? I

know not if they would have yielded thereto, unless with this addition,

if they could not be resisted but with the greatest perturbation of the

commonwealth, and destruction of many innocents. And afterwards he hath

these words, nevertheless I scarce dare condemn every one or the lesser

part, which may only be done at utmost extremity, notwithstanding

respect is to be had to the common good.' From which we need make no

inference, the concession is so large, that it answers our case. 7. The

surveyor of Naphtali, in the place above cited, 'Grants legal

self-defence against the sovereign, by way of plea in court, for safety

of a man's person or estate,--as also is the case of most habited,

notour and complete tyranny against law, to the destruction of the body

of a people, and of all known legal liberties, and the being of religion

according to law.--And in case of his not being in his natural and right

wits.'--Hence, (1.) If it be lawful to resist the king by a plea in law,

for an estate, (yea the law will allow), by actual force, if he come to

take possession of it illegally: then it must be lawful for their lives

and estates, liberties and religion, to resist him by force, when the

legal resistance is not admitted; but the former is yielded here:

therefore.--The reason of the connexion is, the municipal law permits

the one, and the law of nature and nations (which no municipal law can

infringe) will warrant the other: he hath no more right to be both judge

and party in this case, more than in the other: and he can no more act

as a sovereign in this case, than in the other. (2.) If it be lawful to

resist habited, notour, and complete tyranny against law, to the

destruction of the body of a people, and of all known legal liberties,

and the being of religion, according to law: then we desire no more to

conclude the duty of resisting this tyranny exercised this 27 years

habitually, which the desolation of many hundred families, the

banishment of many hundreds to slavery, the rivers of blood, &c. have

made notour to all Scotland at least, and the perversion of all the

fundamental laws, and all civil and religious liberties, yea the

subversion of every remaining model of our religion, as reformed and

covenanted to be preserved, in doctrine, worship, discipline and

government, and designs to introduce popery and establish arbitrary

government, have made complete; but the former is here granted:

therefore--3. If in case of his being out of his wits, he should run

upon an innocent man to kill him, or attempt to cut his own throat, it

were then lawful to resist him, yea, a sin not to do it; then when in a

rage, or deliberately, he is seeking to destroy many hundreds of the

people of God, he may be resisted; but the former is clear: therefore--.

4. King James the VI. in his remonstance for the right of kings, against

the oration of Cardinal Perron, hath these words, The public laws make

it lawful, and free for any private person, to enterprize against an

usurper of the kingdom. Then shall it not be duty, to enterprize against

a man, who by the laws of the land is not capable of a right to reign,

who hath got into the throne by the means of murder, and can pretend no

right but that of succession, which I proved to be, none, Head 2.

However, we see by these concessions of adversaries, that the absolute

subjection they talk of will not hold, nor the prerogative be so

uncontroulable in every case, as they would pretend, and that in many

cases, the safety of the people hath the supremacy above it; and that

also in these cases the people must be judges, whether they may resist

or not.

2. From the law of nature I may argue, 1. If God, the fountain of all

power, and author of all right, hath given unto man both the power and

the right, of, and reason to manage self-defence, and hath noways

interdicted it in his word to be put forth against tyrants; then it is

duty to use it against them upon occasion; but the former is true:

therefore,--2. If this power and right were restrained in man against

the unjust violence of any, it would either be by policy, or grace, or

some express prohibition in the word of God; but none of these can be

said: therefore.--Policy cannot destroy nature, but is rather cumulative

to it; a man entering into a politic incorporation, does not lose the

privilege of nature: if one particular nature may defend itself against

destroying violence out of society, then must many of these natures

combined in society have the same right, and so much the more that their

relative duties super-add an obligation of mutual assistance. Grace does

not restrain the right of sinless nature, though it restrains

corruption: but self-defence is no corruption: Grace makes a man more a

man than he was. And nothing can be more dishonourable to the gospel,

than that by the law of nature it is lawful to resist tyrants, but we

are bound by religion from withstanding their cruelty: the laws of God

do not interfere one with another. 3. That law which alloweth

comparative re-offending, so as to kill rather than be killed, teacheth

resistance: but so the law of nature alloweth, except we be guilty of

murder in the culpable omission of self defence. The reason is, because

the love of self is nearer and greater, as to temporal life, than the

love of our neighbour: that being the measure of this: therefore it

obliges rather to kill than be killed, the exigence of necessity so

requiring. 4. If nature put no difference between the violence of a

tyrant than of another man: then it teaches to resist both alike: but it

putteth no difference, but rather aggravates that of a tyrant; being the

violence of a man, the injustice of a member of the commonwealth, and

the cruelty of a tyrant. And it were absurd to say, we might defend

ourselves from the lesser violence, and not from the greater. 5. If

particular nature must yield to the good of universal nature; then must

one man, though in greatest power, be resisted, rather than the

universal commonwealth suffer hurt: but the former is true; for that

dictates the necessity of the distracted father to be bound by his own

sons, lest all the family be hurt: Ergo the greatest of men or kings,

when destructive to the commonwealth, must be resisted; for he is but

one man, and so but particular nature. 6. That which is irrational, and

reflects upon Providence, as putting men in a worse condition than

brutes, is absurd and contrary to the law of nature: but to say, that

the brutes have power to defend themselves by resisting what annoys

them, and deny this power to men, is irrational and reflects upon

Providence, as putting men in a worse condition than brutes: therefore

it is absurd, and contrary to the law of nature.

3. From the institution of government I may argue thus: that power and

government which is not of God may be resisted: the tyrants power and

government, in overturning laws, subverting religion, bringing in

idolatry, oppressing subjects, is not of God: Ergo it may be resisted:

the major is clear, because that is only the reason why he is not to be

resisted, because the ordinance of God is not to be resisted, Rom. xiii.

2. But they that resist a man destroying all the interests of mankind,

overturning laws, subverting religion, &c. do not resist the ordinance

of God. And if it were not so, this would tend irremedilessly to

overthrow all policies, and open a gap to all disorder, injustice, and

cruelty, and would give as great encouragement to tyrants to do what

they list, as thieves would be encouraged, if they knew nobody would

resist them or bring them to punishment.

4. From the original constitution of government by men, it may be argued

thus: if people at the first erection of government acted rationally,

and did not put themselves in a worse case than before, wherein it was

lawful to defend themselves against all injuries, but devolved their

rights upon the fiduciary tutory of such, as should remain still in the

rank of men, that can do wrong, who had no power but by their gift,

consent, and choice, with whom they associated not to their detriment

but for their advantage, and determined the form of their government,

and time of its continuance, and in what cases they might recur to their

primeve liberty, and settled a succession to have course not _jure

hereditario_ but _jure et vi legis_, for good ends; then they did not

give away their birth-right of self-defence, and power of resistance,

which they had before to withstand the violence, injuries, and

oppressions of the men they set over them, when they pervert the form

and convert it to tyranny, but did retain a power and privilege to

resist and revolt from them, and repel their violence when they should

do violence to the constitution, and pervert the ends thereof: but the

former is true. Ergo--the minor is cleared, Head. 2. And the connexion

is confirmed from this; if the estates of a kingdom give the power to a

king, it is their own power in the fountain, and if they give it for

their own good, they have power to judge when it is used against

themselves, and for their evil; and so power to limit and resist the

power that they gave.

5. From the way and manner of erecting governors by compact, the

necessity whereof is proven Head 2. Many arguments might be deduced; I

shall reduce them to this form: If people must propose conditions unto

princes, to be by them acquiesced in and submitted unto at their

admission to the government, which thereupon becomes the fundamental

laws of the government, and securities for the people's rights and

liberties, giving a law claim to the people to pursue the prince, in

case of failing in the main and principal thing covenanted, as their own

covenanted mandatarius who hath no jus or authority of his own, but what

he hath from them, and no more power but what is contained in the

conditions, upon which he undertaketh the government; Then when either

an usurper will come under no such conditions, or a tyrant doth break

all these conditions, which he once accepted, and so become stricto jure

no prince, and the people be stricto jure liberated from subjection to

him, they may and must defend themselves and their fundamental rights

and privileges, religion and laws, and resist the tyranny overturning

them: but the former is true, Ergo--The connexion is clear: and the

minor is proved Head 2. And at length demonstrated and applied to the

government of Charles the Second by Jus Populi. cap. 6. See Arg. 4, 5.

Head 2.

6. From the nature of magistracy it may be argued thus, That power which

is properly neither parental, nor marital, nor masterly and despotic,

over the subjects, persons, and goods, but only fiduciary, and by way of

trust, is more to be resisted than that which is properly so; but that

power which is properly so, that is parental power, and marital, and

masterly, may be resisted in many cases; Therefore, that power which is

not so properly, but only fiduciary is more to be resisted. That a

king's power over his subjects, is neither parental, nor marital, &c. is

proven Head 2. And the major needs no probation. The minor is clear by

instances, 1. If children may, in case of necessity, resist the fury of

their father, seeking to destroy them; then must private subjects resist

the rage and tyranny of princes, seeking to destroy them, and what is

dearest to them; for there is no stricter obligation moral between king

and people, than between parents and children, nor so strict; and

between tyrants and people there is none at all; but the former cannot

be denied: Therefore,--2. If wives may lawfully defend themselves

against the unjust violence of enraged husbands; then must private

subjects have power to resist the furious assaults of enraged tyrants,

for there is not so great a tye betwixt them and people, as between man

and wife; yea there is none at all; but the former is true: Ergo,--3. If

servants may defend themselves against their masters; then must private

subjects defend themselves against a tyrant or his emissaries; but the

former is true: Ergo,--4. If the king's power be only fiduciary, and by

way of pawn, which he hath got to keep; then when that power is

manifestly abused, to the hurt of them that intrusted him with it, he

ought to be resisted by all whom he undertook to protect; but the

former is true: Therefore the latter.

7. From the limited power of princes it may be thus argued: If princes

be limited by laws and contracts, and may be resisted by pleas in law,

and have no absolute power to do and command what they will, but must be

limited both by the laws of God and man, and cannot make what laws they

will in prejudice of the people's rights, nor execute the laws made

according to their pleasure, nor confer on others a lawless licence to

oppress whom they please; then when they turn tyrants, and arrogate a

lawless absoluteness, and cross the rules, and transgress the bounds

prescribed by God's laws, and man's laws, and make their own lusts a

law, and execute the same arbitrarily, they must be resisted by force,

when a legal resistance cannot be had, in defence of religion and

liberty; but all princes are limited, &c. Therefore,--The minor is

proved, Head 2. And the connexion may be thus confirmed in short: That

power which is not the ordinance of God may be resisted; but an absolute

illimited power, crossing the rules, and transgressing the bounds

prescribed by God's law and man's, is not the ordinance of God;

Therefore it may be resisted.

8. Further from the rule of government, it may be argued several ways,

1. That power which is contrary to law, evil and tyrannical, can ty none

to subjection, but if it oblige to any thing, it ties to resistance; but

the power of a king against law, religion, and the interests of the

subjects, is a power contrary to law, evil and tyrannical:

Therefore,--The major is plain, for wickedness can ty no man, but to

resist it; that power which is contrary to law, evil and tyrannical is

wickedness. 2. That power, and those acts, which neither king can

exercise; nor command, nor others execute, nor any obey, must certainly

be resisted: but such is the power and acts that oppress the subjects,

and overturn religion and liberty; Therefore--The minor is evident from

scriptures condemning oppression and violence, both in them that

command, and in them that execute the same, and also them that obey such

wicked commands. The major is clear from reason; both because such power

and such acts as cannot be commanded, cannot be executed, cannot be

obeyed lawfully, are sinful and wicked: and because it cannot be a

magistratical power, for that may always be exercised and executed

lawfully. And what a man cannot command, the resisting of that he cannot

punish; but acts of oppression against law, religion, and liberty, a man

cannot command; Ergo, the resisting of these he cannot punish. 3. That

government of administration, which is not subordinate to the law and

will of God, who hath appointed it, must be resisted; but that

government or administration, which undermines or overturns religion and

liberty, is not subordinate to the law and will of God; Therefore--The

major is clear; for nothing but what is the ordinance of God,

subordinate to his law and will, is irresistible, Rom. xiii. 2. The

assumption is undeniable.

9. From the ends of government, which must be acknowledged by all to be

the glory of God, and the good of mankind; yea, all that have been

either wise or honest, have always held that the safety of the people is

the supreme law. The argument may run thus, in short, 1. That doctrine

which makes the Holy One to cross his own ends in giving governors, must

be absurd and unchristian as well as irrational; but such is the

doctrine that makes all kings and tyrants irresistible upon any pretence

whatsoever: Ergo--The minor I prove: That doctrine which makes God

intending his own glory and the people's good, to give governors both as

fathers to preserve, and as murderers to destroy them, must make the

Holy One to cross his own ends; for these are contradictory; but the

doctrine that makes all kings and tyrants irresistible, &c. is such:

for, by office, they are fathers to preserve, and, by office also, they

must be murderers, vested with such a power from God, by the first act,

if they be irresistible when they do so; seeing every power that is

irresistible is the ordinance of God. Hence also when a blessing turns a

curse, it is no more the ordinance of God, but to be resisted; but when

a king turns a tyrant, overturning religion and liberty, then a blessing

turns a curse: Therefore--2. Means are to be resisted, when they are not

useful for, but destructive to the ends they were appointed for; but

governors overturning religion and liberty, are means not useful for,

but destructive to the ends for which they were appointed; seeing then

they are neither for the glory of God, nor the good of mankind:

Therefore--3. If all powers and prerogatives of men are only means

appointed for, and should vail unto the supreme law of the people's

safety, and all laws be subordinate to, and corroborative of this law,

and when cross to it are in so far null, and no laws, and all law

formalities in competition with it are to be laid aside, and all

parliamentary privileges must yield to this, and king and parliament

both conspiring have no power against it; and no sovereign power, by

virtue of any resignation from the people can comprize any authority to

act against it; then it is duty to obey this supreme law, in resisting

all powers and prerogatives, all laws, and law formalities, and all

conspiracies whatsoever against this supreme law, the safety of the

people; but the former is true, as was proven Head 2. Therefore--4. That

power which is obliged, and appointed to command and rule justly and

religiously, for the good of the people, and is only set over them on

these conditions, and for that end, cannot ty them to subjection without

resistance, when the power is abused to the destruction of laws,

religion and people; but all power is so obliged and appointed:

therefore, whensoever it is so abused, it cannot ty people to

subjection, but rather oblige them to rejection of it.

10. From the obedience required to government, it may be argued thus. 1.

If we may flee from tyrants, then we may resist them; but we may flee

from tyrants: therefore we may resist them. The connexion I prove, (1.)

If all grounds of justice will warrant the one as well as the other,

then if the one be duty, so is the other; but the former is true; for

the same justice and equity that warrants declining a tyrant's unjust

violence by flight, will warrant resistance when flight will not do it;

the same principle of self-defence, that makes flight duty, when

resistance is not possible, will also make resistance duty, when flight

is not possible; the same principle of charity to wives and children,

that makes flight lawful, when by resistance they cannot avoid tyranny,

will make resistance duty, when by flight they cannot evite it; the same

principle of conscience to keep religion free, that prompts to flight,

when resistance will not save it, will also prompt to resist it, when

flight is not practicable. (2.) If to flee from a just power, when in

justice we are obnoxious to its sword, be to resist the ordinance of

God, and so sin: then to flee from an unjust power, must be also a

resisting of the abusing of it, and so duty, for the one is resistance

as well as the other; but the difference of the power resisted makes the

one lawful; the other not. Again, if royal power may be resisted by

interposing seas and miles, why not also by interposing walls and arms?

Both is resistance, for against a lawful magistrate that would be

resistance. (3.) If a tyrant hath irresistible power to kill and destroy

the people, he hath also irresistible power to cite and summon them

before him; and if it be unlawful to resist his murders, it must be as

unlawful to resist his summons. (4.) For a church or community of

Christians, persecuted for religion, to flee with wives and children,

strong and weak, old and young, to escape tyrannical violence, and

leave the land, were more unlawful than to resist; for what is not

possible as a natural means of preservation is not a lawful mean; but

this were not a possible mean: neither is it warranted in nature's law,

or God's word, for a community or society of Christians, that have God's

right and man's law to the land, and the covenanted privileges thereof,

to leave the country and cause of Christ, and all in the hands of a

tyrant and papist, to set up idolatry upon the ruins of reformation

there. A private man may flee, but flight is not warranted of them as of

a private single man. 2. If it be duty to disobey, it is duty to resist

tyrants, in defence of religion and liberty; but it is duty to disobey

them: Therefore--The connection only will be struck at, which is thus

strengthened: If subjection be no more pressed in scripture than

obedience, then if non-obedience be duty, non-subjection must be so

also, and consequently resistance; but subjection is no more pressed in

scripture than obedience; for all commands of subjection to the higher

powers, as God's ministers, under pain of damnation, do only respect

lawful magistrates, and in lawful things, and do include obedience: and

non-obedience to the power so qualified is a resisting of the ordinance

of God, as well as non-subjection. If then obedience to magistrates be

duty, and non-obedience sin, and obedience to tyrants sin, and

non-obedience duty; then by parity of reason, subjection to magistrates

is duty, and non-subjection is sin, and also subjection to tyrants is

sin, and non-subjection duty.

11. From the resistance allowed in all governments, it may be argued

thus; if it be duty to defend our religion, lives and liberties, against

an invading army of cut-throat papists, Turks or Tartars, without or

against the magistrates warrant; then it must be duty to defend the same

against invading home-bred tyrants, except we would subscribe ourselves

home-born slaves: but the former is true; therefore--The minor cannot

be doubted, because the magistrates power cannot be privative and

destructive to defence of our religion, lives and liberties; nor can it

take away nature's birth-right to defend these, or make it fare the

worse, than if we had no magistrates at all. Now, if we had no

magistrates at all, we might defend these against invaders; and whether

we have magistrates or not, we are under moral obligations of the law of

God to endeavour the defence of these: but this needs not be insisted

on. The connexion of the proposition is clear; if princes be more

tyrannical in invading religion and liberties themselves, than in

suffering others to do it, or hindering them to be opposed: and if their

invasion be more tyrannical, hurtful and dangerous, than the invasion of

strangers, then if it be duty to resist strangers invading their

interests, it is more duty to resist home-bred tyrants invading the

same; but the former is true: therefore the latter. Resisting in the one

case is no more resisting the ordinance of God than in the other.

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