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Scottish Presbyterian

A Hind Let Loose

Alexander Shields (1660-1700) · 289,541 words · 1287 min

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Section 7/8
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 Par iaments 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 & Liberties as well as Peers, and had it before they erected and constituted Peers or Primores. There is no distinction of quality in interests of Nature, though there be in Civil order: but self defense 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 neighbors, upon the manuduction of other men's greatness. The Law of Nature allowing self defense, or the defense of our Brethren, against unjust violence, addeth no such restriction, that it must only be done by the conduct or concurrence of the Primores 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 far fewer. And to be violented in their Consciences, which are as free to them as to the Peers, is as unsupportable 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 Resistence in the 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 & rescuing Innocents. It will be but a poor excuse for people to plead, they had no Peers to head them. What if both King & Nobles turn enemies to Religion? (as they are at this day) shall people do nothing for the defense 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 Ier. 49. 2. and 50. 45. and did not think fit to begin with Nobles, but began it when powers & 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 condenmed. 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 resist without them, which will not equally make it unlawful to do it with them. 4. Its true the Primores 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 deterior conditio Domini per Procurationem fieri non debet. 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, & 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: Ergo they may do it without them; for if it be Lawful to resist them, its. Lawful to wave them, when they are in a Conspiracy with the King against them.

5. We disallow all war without real indeclinable Necessity, and great & 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 Resistence, but when their dearest & nearest Liberties are invaded, especially when such an invasion is made, as threatens in luctable subversion of them. Next we do not say, that a parties esteeming themselves in a Capacity, or their being really in a Capacity, doth make Resistence a duty; except caeteris Paribus 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 & legal Rights, really & 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 Resistence, 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 Natures eye, as Grassant Tyranny undermining & overturning Religion & Liberty must be. Nature, in the acts of necessitated Resistence in such a case, is Judge, party, Accuser, Witness, & all. Neither is it an act of Judgment, for people to defend their own: Defense is no act of jurisdiction, but a privilege of Nature. Hence these common sayings, vim vi repellere omnia jura permittunt; And defendere se est juris Naturae: Defensio vitae necessaria est, & a jure Naturali profluit. 3. Be Judge who will, the Tyrant cannot be Judge in the case: for in these Tyrannical Acts, that force the people to that Resistence, he cannot be acknowledged as King, and therefore no Judge: for its 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 Manifesto's of the State of their Cause.

6. We condemn Resing 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 revengful Usurping of the Magistrates sword, to avenge ourselves for personal injuries. As David's killing of Saul would have been 1 Sam. 24. 10, 12, 13. 1 Sam. 26. 9, 10. To Object which in this case, were very impertinent: for it would have been an act of offense in a remote defense, if Saul had been immediately asaulting 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 & perish 1 Sam. 26. 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 check, to turn to him the other also, Math. 5. 39. and to recompense to no man evil for evil Rom. 12. 17. But this doth not condemn self defense, or Resisting Tyrants violently, endangering our Lives, Laws, Religion, & Liberties, but only resistence by way of private revenge & retaliation, and enjoins patience, when the clear call & dispensation do inevitably call into suffering; but not to give way to all violence & Sacrilege, to the subverting of Religion & 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 Math. 26. 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 & Liberty; or using it without necessity, which was not in Peters case, tum quia valebat Christus se ipsum defendere, tum quia volebat se ipsum tradere, Pool Synops. Critic. in Locum. Christ could easily have defended himself, but he would not; and therefore there was no necessity for Peters rashness; it condemns also a rash precipitating and preventing the Call of God to acts of Resistence: But otherwise it is plain, it was not Peters fault to defend his Master, but a necessary duty. The reason our Lord gives for that inhibition at that time, was twofold; one expressed Math. 26. 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 Tyrannical 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. 13. 10. he that killeth with the sword must be killed with the sword, which is a terrible word against persecutors. The other reason is John. 18. 11.— The Cup which my Father hath given me shall I not drink? Which clearly resells that Objection of Christ's non-resistence. 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 the Rule of our practice: Thô it be true, that even in His Sufferings He left us an ensample that we should follow His steps 1 Pet. 2. 21. In many things, as He was a Martyr, His Sufferings were the purest Rule & 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 triffles of our own things, or small injuries done to ourselves, but in a case of necessity for the preservation of our Lives, Religion, Laws, & 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 Magistrate 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 propogate Religion by Arms: Let Persecutors & Limbs of Antichrist take that to them; but we think it a Privilege which Christ hath allowed us, to defend & 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 & Interest we have to contend for. It is true Christ saith, John. 18. 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 & preserved even by Resistence, of all that would impiously & 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 Antichrists vassals, Papists & 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 specifically 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 propogate 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 propogate 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, preces & lachrimae sunt arma Ecclesiae, 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 & 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. 33. 31. Yea from this I shall take an Argument: It 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 Resistence by violence, is as consistent with that Command Rom. 13. 1, 2. Let every soul be subject unto the higher Powers—whosoever therefore resisteth the Power resisteth the Ordinance of God; as Resistence by Prayer is with that 1 Tim. 2. 1, 2. I exhort— that—Supplications—be made—for Kings and for all that are in Authority. If the Prince be good, the one as is unlawful as the other; and a sinful resistence of the Ordinance of God (to pray against him) no less than the other (to fight against him) Therefore when he becomes a Tyrant & 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 Resistence by Prayers & tears is more powerful & 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 premitted, I shall come shortly to the purpose, and endeavor to prove this Truth,, That it is a necessary duty for a Community (whether they have the Concurrence of the Primores, Nobles & Representatives or not) to endeavor, in the defense of their Religion, Lives, Laws, & Liberties, to Resist & Repress the Usurpation & Tyranny of prevailing Dominators, using or abusing their Power, for subverting Religion, invading the Liberties, and overturning the foundamental Laws of their 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 other; And prosecute them in this Order. First I shall produce some Arguments from the Law of Nature & Nations. Secondly from the Common practice of all Christian people. Thirdly 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 matters requires.

1. The greatest Antagonists of this Truth, through the clearness thereof are forced to assert & grant such particulars, as will by Consequence justify this plea. 1. Barclay contra Monarchum. is cited by the Apol. Relat. and Ius Populi asserting, that

if a King will alienate & 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 Nap tali grants the same pag. 23, 24. Yea this hath been granted in open Court, by the Council of Scotland, that in case of the Kings alienating his Kingdoms, he may be Resisted. Hence (1 If vendition or alienation of Kingdoms, or attempts of it, do annul a Kings Authority; Then an alienation of them from Christ, to whom they are devoted by Covenant, and selling them 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 alwise 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 defense is Lawful against the sudden, illegal, & inevitable assaults of the Kings 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 & tribute to the Prince, when he employeth it to the destruction of the Commonwealth.
Hence (1) If one man may defend himself against the sudden, illegal, & inevitable assaults of the King or his Messengers; Then may many men, in defense of their Lives & Liberties, defend themselves against the surprising Massacres, the sudden assaults, and much more the devised & deliberate assaults of a Tyrants bloody Emissaries, which are illegal & inevitable, as all their furious & bloody on-sets have been: But the former is here acknowledged: Ergo —(2) If people may deny subsidies to a King when he employeth it, to the destruction of the Commonwealth; Then (as this justifies the denial of the Cess, imposed for destruction of the Church & banishing of the Gospel, So) this gives them right to Resist him (for if he be the power ordained of God not to be resisted, then for this Cause tribute must be paid, for they are God's Ministers Rom. 13. 6. and if tribute must not be paid then he is not the power ordained of God, and so may be resisted) But the former is here allowed; Ergo —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: Ergo —The Consequence cannot be denied, for foraigners have no more Power or Authority over another Sovereign, then 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 ubi supra grants so much of a woman's violent resisting attempts, against the honor of her chastity, and tending to ensnare her in sin, whereof her non-resistence 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: Ergo —(2) If a woman may defend her Chastity against the K. lest her non-resistence make her guilty (Oh if all women had been of this mind, the Country would not have been pestered so with the Kings bastards) Then may a Nation, or any part of it, Resist a Tyrants attempts upon the honor of their Religion, entycing them to fornication with the Mother of harlots, lest their non-resistence make them guilty: But the former is here yielded: Ergo —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 resistence 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 & pertinent to the present possessor of the Government, that no words can more particularly apply it. 6. Grotius de jure belli Lib. 1. c. 4. granteth, the Law of not resisting does not bind when the danger is most weighty & certain.
And we do not plead for it in any other case.
And further he says,
The Law of non-resistence 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 with 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 Common-wealth & destruction of many Innocents. And afterwards he hath these words,
Attamen indiscriminatim dam are aut singulos, aut partem minorem, quae ultimo necessitatis praesidio sic utatur, ut interim & communis boni respectum non deseruit, vix ausim. 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 defense against the Sovereign, by way of plea in Court, for safety of a man's person or estate—as also in the case of most habited, notour, & 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 & 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 & estates, Liberties & Religion, to resist him by force, when the Legal resistence is not admitted: But the former, is yielded here: Ergo —The reason of the Connection is: The Municipal Law permits the one, and the Law of Nature & Nations (which no Municipal Law can infringe) will warrand the other: He hath no more right to be both Judge & Party in this case, more than in the other: And he can no more act as Sovereign in this case, than in the other. (2) If it be Lawful to resist habited, notour, & 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 exerced this 27 years habitually, which the desolation of many hindered 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 & Religious Liberties, yea the subversion of every remaining Model of Our Religion, as Reformed & Covenanted to be preserved, in Doctrine, Worship, Discipline, & Government, and designs to introduce Popery & establish Arbitrary Government, have made Complete: But the former is here granted, Ergo — (3) If in the 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, o deliberately, he is seeking to destroy many hundreds of the people of God, he may be resisted: But the former is clear: Ergo —8. King James the Sixth, in his Remonstrance for the right of Kings, against the Oration of Cardinal Perron, hath these words, The public Laws makes 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 incontrollable in every case, as they would pretend, and that in many cases, Salus populi 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 defense, and hath no ways 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: Ergo —2. If this power & 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: Ergo —Policy cannot destroy nature, but is rather cumulative to it; A man entering into a Politick 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 superadd an obligation of mutual assistance. Grace does not restrain the right of sinless nature, though it restrains corruption: but self defense is no corruption: Grace makes a man more a man than he was. And nothing can be more dishonorable 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 interf •• e ne with another. 3. That Law which alloweth comparative re-offending, so as to kill rather than be killed, teacheth Resistence: But so the Law of Nature alloweth, except we be guilty or Murder in the culpable omission of self defense. The reason is, because the love of self is nearer and greater, as to temporal life, than the love of our Neighbor; 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 Common-wealth, & the cruelty of a Tyrant. And it were absurd to say, we might defend ourselves from the lesser violence, & 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 Common-wealth 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 Common-wealth, must be Resisted; for he is but one man, & so but particular nature. 6. That which is irrational, and reflects upon Providence, as puting men in a worse condition then 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 puting men in a worse condition than Brutes: Therefore it is absurd, & 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 & 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. 13. 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, & cruelty, and would give as great encouragement to Tyrants to do what they lift, 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 fiduuciary 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, & 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 & vi legis, for good ends; Then they did not give away their birth-right of self defense, and power of resistence, which they had before to withstand the violence, injuries, & oppressions of the men they set over them, when they pervert the form and convert it to Tyranny, but did retain a power & 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 Connection 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 & resist the power that they gave.

5. From the way & 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 & submitted unto at their Admission to the Government, which thereupon becomes the fundamental Laws of the Government, and Securities for the people's rights & Liberties, giving a Law Claim to the people to pursue the Prince, in case of fai ing in the main & principal thing Covenanted, as their own Covenanted Mandatarius who hath no Ius 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 & must Defend themselves and their fundamental Rights & Privileges, Religion & Laws, and Resist the Tyanny overturning them: But the former is true Ergo —The Connection is clear: And the Minor is proved Head. 2. And at length demonstrated and applied to the Government of Charles the Second by Ius 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, & Despotick, over the Subjects Persons & 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: Ergo that power which is not so properly, but only fiduciary is more to be Resisted. That a Kings 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 & Tyranny of Princes, seeking to destroy them, and what is dearest to them; for there is no stricter obligation Moral between King & people, than between Parents & Children, nor so strict; and between Tyrants & people there is none at all: But the former cannot be denied: Ergo —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 tie betwixt them and people, as between man & 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 Kings power be only fiduciary, and by way of Paun, which he hath got to keep; then when that power is manifestly abused, to the hurt of them that entrusted him with it, he ought to be Resisted by all whom he undertook to protect: But the former is true: Ergo the latter.

7. From in the Limited power of Princes it may be thus argued: If Princes be limited by Laws & Contracts, and may be resisted by Plea's in Law, and have no absolute power to do & 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 conser on others a Lawless license to oppress whom they please; Then when they turn Tyrants, and arrogate a Lawless Absoluteness, and cross the Rules & transgress the Bounds prescribed by God's Law & man's Law, and make their own lust a Law, and execute the same arbitrarly, They must be Resisted by force, when a legal resistence cannot be had, in defense of Religion and Liberty: But all Princes are limited &c. Ergo —The Minor is proved Head. 2. And the Connection 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: Ergo 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 & Tyrannical, can tie none to subjection, but if it oblige to anything, it tyes to Resistence: But the power of a King against Law, Religion, and the Interests of the subjects, is a power contrary to Law, evil & Tyrannical: Ergo —The Major is plain, for Wickedness can tie no man but to resist it: That power which is contrary to Law evil & Tyrannical is Wickedness. 2. That power and those Acts, which neither King can exerce 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 & Liberty: Ergo —The Minor is evident from Scriptures condemning oppression & 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 & such Acts as cannot be commanded, cannot be executed, cannot be obeyed Lawfully, are sinful & wicked; and because it cannot be a Magistratical power, for that may always be exerced & executed Lawfully. And what a man cannot command, the resisting of that he cannot punish: But acts of oppression against Law, Religion, & Liberty, a man cannot command. Ergo the Resisting of these he cannot punish. 3. That Government or Administration, which is not subordinate to the Law & Will of God, who hath appointed it, must be Resisted; But that Government or Administration, which undermines or overturns Religion & Liberty, is not subordinate to the Law & Will of God: Ergo —The Major is clear: for nothing but what is the Ordinance of God, subordinate to His Law & Will, is irresistible Rom. 13. 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 Salus Populi est Suprema Lex, The Arguments may run thus, in short. 1. That Doctrine which makes the Holy one to cross His own ends in giving Governors, must be absurd & Unchristian, as well as irrational: But such is the Doctrine that makes all Kings & Tyrants irresistible upon any pretence whatsoever. Ergo —The minor I prove: That Doctrine which makes God intending His own Glory & 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 & 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 actu primo, 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 & Liberty, then a Blessing turns a Curse: Ergo —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 & 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. Ergo —3. If all powers & Prerogatives of men, are only means appointed for and should veil 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 eatenus null & 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 & 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 & Prerogatives, all Laws & 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. Ergo —4. That power which is obliged & appointed to command & rule, Justly & Religiously, for the good of the people, and is only set over them on these conditions, and for that end, cannot tie them to subjection without Resistence, when the power is abused to destruction of Laws: Religion, and people: But all power is so obliged & appointed: Therefore whensoever it is so abused it cannot tie 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: Ergo we may Resist them. The Connection I prove (1) If all grounds of Justice will warrand 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 & equity that warrands declining a Tyrants unjust violence by flight, will warrand Resistence when flight will not do it; The same Principle of self defense, that makes flight duty when Resistence is not possible, will aso make Resistence duty when flight is not possible; The same Principle of Charity to Wives & Children, that makes flight Lawful when by Resistence they cannot avoid Tyranny, will make Resistence duty when by flight they cannot evite it; The same Principle of Conscience to keep Religion free, that prompts to flight when Resistence will not save it, will also prompt to Resist 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 Resistence 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 & arms? both is resistence, for against a Lawful Magistrate that would be resistence. (3) If a Tyrant hath irresistible power to kill and destroy the people, he hath also irresistible power to cite & summond them before him; and if it be unlawful to resist his murders, it must be as unlawful to resist his summonds. (4) For a Church or Community of Christians persecuted for Religion, to flee with Wives & Children, strong & weak, old & 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 Natures Law, or God's Word, for a Communitie 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 & 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, its duty to Resist Tyrants, in defense of Religion & Liberty: But it is duty to disobey them. Ergo —The Connection only will be stuck 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 Resistence: 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 Resistence allowed in all Governments, it may be argued thus: If it be duty to defend our Religion, Lives, & Liberties, against an invading army of Cut-throat Papists, Turks, or Tartars, without or against the Magistrates warrand; 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: Ergo —The Minor cannot be doubted; because the Magistrates power cannot be privative & destructive to defense of our Religion, Lives, & Liberties; nor can it take away Natures 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 endeavor the defense of these: But this needs not be insisted on. The Connection of the Proposition is clear: If Princes be more Tyrannical in invading Religion & Liberties themselves, than in suffering others to do it, or hindering them to be opposed; And if their invasion be more Tyrannical, hurtful, & dangerous than the invasion of Strangers; Then if it be duty to resist Strangers invading these 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.

12. From the Motives of Resistence we may draw this Argument, which might be branched out into several, but I shall reduce it to this Complexe one: If when we are in a Capacity, we cannot acquit ourselves in the duties that we owe to our Covenanted Religion, and our Covenanted Brethren, and Posterity, and ourselves, nor absolve & exoner ourselves from the sin & Judgment of Tyrants, who overturn Religion, oppress our Brethren, impose slavery on ourselves, and entail it upon Posterity, by a Passive subjection, submission to, and not opposing these mischiefs; Then Resistence is necessary: But the former is true: Ergo —The Connection is clear: for there cannot be a Medium; if we cannot discharge these duties by subjection, submission, and not opposing; then we must do them by non-subjection, non-submission, and opposing; since they must be done some way. The Assumption is thus confirmed. 1. The duties we owe to Religion, when it is corrupted, declined from, & overturned, are not only to Reforme our own hearts & ways, and keep our selves Pure from the Corruptions established, and to rebuke and witness against the Complyers with the same, and so by work, doing & suffering, keep & contend for the Word of our Testimony; But further, when by the Constitution of the Kingdom Religion is become a fundamental Law, and consequently the Magistrate overturning it, is violating & everting the main grounds & ends of the Government, and turning grassant & ingrained Tyrant, especially when it is not only so Authorized & Confirmed by Law, but Corroberated by solemn vows & Covenants made & sworn unto God by all ranks of people, to maintain & defend this Religion with their lives & fortunes —and resist all contrary errors & corruptions according to their vocation; and the uttermost of that power that God puts in their hands, all the days of their lives, As also mutually to defend & assist one another. (as in the National Covenant) And sincerely, really, & constantly endeavor—the Preservation of the Reformed Religion in Doctrine, Worship, Discipline, & Government, the extirpation of Popery, Prelacie &c—and to assist & defend all those that enter into the same bond in the maintaining thereof— (as in the Solemn League) Then to defend & maintain that Religion and themselves Professing it; when it is sought to be razed; This must be an Interest as necessary to be defended, as that of our bodies which is far inferior, and as necessary a duty, as to defend our Natural & Civil Liberties from perpetual slavery, and as preferrable thereunto, as Christ Interest is to man's, and as the end of all self preservation is to the means of it, the preservation of Religion being the end of all self preservation: But this duty cannot be discharged without Resistence, in a mere Passive subjection & submission; Otherwise the same might be discharged in our universal submission to Turks coming to destroy our Religion. Certainly this Passive way cannot answer the duty of Pleading for Truth Isai. 59. 4. seeking the Truth Ier. 5. 1. being valiant for it Ier. 9. 3. making up the hedge, standing in the Gap &c. Ezek. 22. 30. which yet are necessary incumbent duties according to our Capacity; Therefore we cannot answer the duties we owe to Religion in a mere Passive way. 2. The duty we owe to our Covenanted Brethren, is to assist & defend them, and relieve them when oppressed, as we are bound by our Covenants, and antecedently by the Royal Law of Christ, the foundation of all Righteousness among men toward each other, Math. 7. 12. All things whatsoever ye would that men should do to yow, do ye even so to them —We would have them helping us when we are oppressed, so should we do to them when it is in the power of our hands to do it, and not forbear to deliver them for fear the Lord require their blood at our hand, Prov. 24. 11, 12. But this cannot be done by mere subjection without Resistence. 3. There is no way to free ourselves of the sin & judgment of Tyrants by mere Passive subjection: We find in the Scriptures, people have been so involved and punished for the sins of Tyrants; As the people of Judah for Manasseh 2 King. 21. 11. &c. Ier. 15. 4. whose sins if they had not been committed, the judgments for them had been prevented, and if the people had hindered them they had not smarted; But being jointly included with their Rulers in the same bond of fidelity to God, and made accountable as joint Principals with their Kings for that debt, by their Mutual as well as Several engagments to walk in His Ways, they were liable to be punished for their Rebellion & Apostasy, because they did not hinder it. Hence some-what must be done to free ourselves of their sin and to escape their Judgments: But this can be nothing else but opposition to them by Resistence; or else if we make any other opposition, it will make us more a prey to their fury.

II. Secondly this Truth is Confirmed from the Common Practice of the people of God, even under Persecution. Whence I shall draw an Argument ab Exemplis, which to condemn were impious, and to deny were most impudent. And for forms sake, it may run thus: What the people of God under both Testaments have frequently done, in time of Persecution, for defending, vindicating, or recovering their Religion & Liberties, may & ought to be done again in the like Circumstances, when these are in the like hazard: But under both Testaments, the people of God frequently in times of Persecution have defended, vindicated, or Recovered their Religion & Liberties by defensive Arms, Resisting the Sovereign powers that sought to dostroy them: Ergo this may & ought to be done again when these Religious Civil & natural privileges, are in the like hazard to be destroyed by the violent encroachments of the Sovereign powers. The Proposition cannot be denied, except by them that do profess themselves enemies to the people of God, and condemn their most frequently reiterated practices most solemnly & signally owned of God, to the confusion of their enemies, to the conviction of the World, that the Cause for which they contended was of God, and to the encouragement of all the Patrons of such a Cause, to hope that when it is at the lowest it shall have a Revival & Glorious Issue. It is true sometimes they did not Resist, when either they were not in a Capacity, or did not see a Call to such an Action, but were extraordinarly Spirited of the Lord for Passive Testimonies under a suffering dispensation: But 'tis as true, that many times they did Resist, when the Lord capacitated, called, & Spirited them for Active Testimonies. And therefore, if their Suffering under these Circumstances may be imitated by a people so stated; Then also their Actions under these other Circumstances may be imitated, by a people in the like case. And by an impartial Scrutiny it will be found, that the examples of their endeavored Resistence will be little inferior, if not superior in number or importance, to the examples of their submissive Sufferings in all ages: Which will appear in the Probation of the Assumption, by adduction of many Instances, which I shall only cursorly glean out of that plentiful harvest that Histories afford.

1. I need only to glance at that known & famous History of the Maccabees, of undoubted verity, though not of Cannonical Authority. In which, according to Scripture Predictions, we have a notable account of Heroic Interprizes, Atchievments, & Exploits, performed by them that knew their God, and tendered His Glory and their Religion & Countries Liberties, above the Common Catechrestick notions of incontrollable irresistible Royalty, and absolute implicit Loyaltie, that have abused the world in all ages. We have there an account of the noble & successful Resistence of a party of a few Godly & zealous Patriots, without the concurrence of Civil Authority, or countenance of the Ephori or Primores regni, against a King universally acknowledged & subjected unto, that came in Peaceably, and obtained the Kingdom by fl tt ries, with whom the greatest part and those of the greatest note took part, and did wickedly against the Covenant and Nations Interest, and were corrupt by flatteries: Yet a few Priests, with the concurrence of some common Country-men, did go to arms against him and them; And the Lord did wonderfully assist them for a considerable time, as was foretold by Daniel. 11. This fell out under the persecution of Antiochus Epiphanes, and was happily begun by Mathias a Godly Priest, and his five Sons, who being commanded under severe Certifications to Worship according to the then Law and the Kings wicked lust, did valiantly resist that abomination, and went to defensive arms: which while living he Patronized, and when adying did encourage his sons to it by a notable Oration, showing what case his Country was in, and what a duty & dignity it was to redeem & deliver it. This was vigorously prosecuted by Judas Maccabeus, expressly for the quarrel of Religion & Liberty, against that mighty Tyrant & all his Emissaries.

2. To come to the History of the Gospel Dispensation: It is true, in that time of the Primitive Persecutions under Heathen Emperors, this Privilege of Self Defense was not much improved or contended for by Christians, who studied more to play the Martyrs than to play the Men, because in these Circumstances the Lord was pleased to Spirit for and call them unto, and accept off their hands, passive Testimonies; while they were incorporate under a Civil relation with the Heathens, in subjection to Governors who did not by open Tyrannie overturn their Civil Liberties, only did endeavor to eradicate Religion, which at that time had never become their Right by Law; while they were scattered and out of Capacity, and never could come to a separate formed Community by joint Concurrence & Correspondence, to undertake a Declared Resistence; while Religion was only a propagating through the Nations, and the Lord Providentially did preclude the least appearance that might be of propagating it by any formed force, being the Gospel of Peace designed to save and not to destroy: Yet even then, Instances are not wanting of Christians Resisting their Enemies, and of Rescuing their Ministers &c. As these are found on record. 1. How some inhabiting Mareots, with force rescued Dyonisi •• of Alexandria, out of the hands of such as were carrying him away, about the year 235. 2. How about the year 310. the Armenians waged war against Maximus, who was come against them with an Army, because of their Religion. 3. How about the year 342. the Citizens of Alexandria defended Athanasius their Minister, against Gregorius the intruded Curate, and Syrianus the Emperors Captain, who came with great force to put him in. 4. How about the year 356. the people of Constantinople did in like manner stand to the defense of Paulus, against Constantius the Emperor, and killed his Captain Hermogenes: And afterwards in great Multitudes they opposed the intrusion of the Heretic Macedonius. 5. How, when a wicked Edict was sent forth to pull down the Churches of such as were for the Clause of one Substance, the Christians that maintained that Testimony resisted the bands of Soldiers, that were procured at the Emperors Command by Macedonius, to force the Mantinians to embrace the Arian Heresy: But the Christians at Mantinium, kindled with an earnest zeal towards Christian Religion, went against the Soldiers with Cheerful minds & valiant Courage, and made a great slaughter of them. 6. How about the year 387. the people of Cesarea did defend Basil their Minister. 7. How for fear of the people, the Lieutenant of the Emperor Valens, durst not execute those 80 Priests who had came to supplicate the Emperor, and were commanded to be killed by him. 8. How the Inhabitants of Mount Nitria espoused Cyril s quarrel, and assaulted the Lieutenant and forced his Guards to flee. 9. How about the year 404. when the Emperor had banished Chrysostom, the people flocked together, so that the Emperor was necessitated to call him back again from his Exile. 10. How the people resisted also the transportation of Ambrose by the command of Valentinian the Emperor; And chose rather to lose their lives, than to suffer their pastor to be taken away by the Soldiers. 11. How the Christians, oppressed by Baratanes King of Persia, did flee to the Romans to seek their help. And Theodosius, the Emperor, is much praised for the war which he commenced against Chosroes King of Persia, upon this inducement, that that King sought to ruin & exstirpate those Christians in his Dominions, that would not renounce the Gospel.

3. But when Religion was once embraced in imbodyed Corporations, and established by Law, and became a people's common Interest & Liberty, in a Capacity to defend it with their lives & other Liberties, and when it was propagated through the Nations: Then the Lord did call for other more Active Testimonies, in the preservation & defense of it: Of which we have many Instances in Histories. About the year 894. The Bohemian Christians Resisted Drahomica their Queen, who thought to have destroyed them & reintroduced Paganism. About the year 1420. they maintained a long defensive war against the Government, and the Popes Legates, under the management of their brave Captain Zizca; which was further prosecuted after him by the remaining Thaborites. And again in this Century, anno 1618. They maintained a Defensive war against the Emperor Ferdinand the Second, electing and erecting a new King in opposition to him, Frederick Palatine of the Rhine, in which Cause many received the Crown of Martyrdom: and this was also espoused by King James the 6. who sent to aid his Son in Law against the Emperor.

4. If we look to the Histories of the Waldenses, these constant Opposers of Antichrist, we will find many Instances of their Resistence. About the year 1194. very early, while Waldo (from whom they had their name) was alive, they began to defend themselves by Arms, after the bloody Edict of Aldephonsus King of Aragon; an Edict so like to many of ours emitted this day, that as it would seem our Enemies have taken the Copy of it, so it were very seemly for the people grieved with such Edicts to imitate the Copy of the Waldenses their practice, in opposition to them. Anno 1488. they resist by Arms Albert de Capitaneis sent by Pope Innocent the 8. in Pragola & Frassaniere, and through out Piedmont; where for the most part the offspring of the old Waldenses had their residence, where very evidently, through many successions of ages, they shown themselves to be the true Successors of their Worthy Progenitors, valiant for the Truth. That's a famous Instance of their Resistence, in opposing vigorously the Lord of Trinity, in that same Piedmont, at which time they so solemnly asked their Ministers, Whether it were not Lawful to defend themselves against his violence? Who answered affirmatively. And accordingly they did it with wonderful success at that time, and many times thereafter. Especially it is notour; in the memory of this present age, how anno 1655. a vigorous defensive war was prosecuted against the D. Savoy, by their Captains Gianavel, Iahier &c. which was espoused by many Protestant Princes. And no further gone than the very last year, it is known how they resisted the Arms of the Tiger, and the French that helped him, and that their Simplicity in trusting Popish promises was their ruin.

5. If we look over the Histories of the Albigenses, we find many Instances of their Defensive Resisting their Oppressing Superiors. About anno 1200. They defended themselves at Beziers and Carcasson, against the Popes Legat and his Crossed Soldiers, under the Conduct, first of the Earl of Beziers, and then of the Earl of Foix, and Earl Remand of Thoulouse, and were helped by the English who then possessed Guienne bordering upon Thoulouse: which resistence continued several years. Afterwards anno 1226. they maintained a Resistence against the King of France.

6. In Spain, we find the people of Aragon contesting with Alphonso 3 d. and associating themselves together against him. And they tell Pedro 3 d. their King, that if he would not contain himself within the limits of the Laws, they would pursue him by Arms, about anno 1283. As also other Spaniards, who rose in Arms several times against Pedro the 1 King of Castile.

7. It was this which brought the Cantons of Helvetia into this State of freedom, wherein they have continued many years. For about the year 1260. they levied war against their oppressing nobles. And anno 1308. they joined in Covenant to defend themselves against the house of Austria: and anno 1315. they renewed it at Brunna, in which at length the rest of the Cantons joined, and formed themselves into a Common-wealth.

8. If we take a glance of the Germans, we will find at the very Commencement of the Reformation, as soon as they got the name of Protestants, they Resisted the Emperor Charles the fifth. The Duke of Saxon, the Land Grave of Hesse, and the City of Magd burgh, with Advice of Lawyers, concluded

That the Laws of the Empire permitted Resistence of the Emperor in some cases, that the times were then so dangerous, that the very force of Conscience did lead them to Arms, and to make a League to defend themselves, though Caesar or any in his name should make war against them—for since he attempteth to root out Religion, and subvert our Liberties, he giveth us cause enough to resist him with a good conscience: The matter standing as it doth, we may (say they) Resist, as may be shown both by Sacred & Profane Histories
— And so they undertook and stated the war upon the account of Religion & Liberty.

9. If we but cast an eye over to the Hollanders, we will find how much they stand obliged to this practice of Defensive Arms; having thereby recovered both Religion & Liberty, and established themselves into a fiourishing State. We find even in the time of D. de Alva's Persecution, they began to defend Haerlem and Valenciennes in Henault, and went on till under the conduct of William of Nassaw Prince of Orange, they declared the King of Spain to have fallen from the Government of those Countries: and so effectually shook off the yoke of Spanish Tyrannie.

10. If we go to the French Hugenots, we will find many Instances among them, and many brave Heroes raised up, to maintain the principle and prosecute the practice thereof, of older & later date. The History of the Civil wars of France is stored with their Trophies; and the Memories of Condie & Coligni will ever be fragrant. There were many Resistences there, both before & since the Parisian Massacre. It is sad, that the present Protestants there are so far degenerate from the Spirit of their Ancestors.

11. The many practices of the Hungarians, Resisting the encroachments of the house of Austria, prove the same. And when Mathias denied the free exercise of Religion unto the Protestants of Austria, they took up Arms in their own defense, and sent a Protestation unto the Estates of Hungary, requiring their Assistence, conform to their League. And now this present war there founded upon this plea.

12. The Polonians have often times levied war against their Kings: and we are furnished by Clark in his Martyrol. with a late Instance of their Resistence against the Sovereign Powers, at Lesita in Poland anno 1655.

13. The Danes & Swedes have not been wanting for their parts in taking course with their Christierns, Kings of that name, whom they resisted & punished. And generally, wherever the Reformation was received, we find this principle espoused and the practice of it prosecuted. Nay there hath been no Nation in the world, but it will be found, they have either resisted or killed Tyrants.

14. The most Deserving & Celebrated Monarchs in the world, have espoused the quarrel of oppressed Subjects. Not only such as Tamerlanc, whose observable Saying is noted, when he advanced against Bajazet, I go (says he) to chastise his Tyrannie and to deliver the afflicted people. And Philip & Lewis of France, who assisted the Barons of England against King John. And Charles the Great, who upon this ground undertook a war against the Lombards in Italy. But even Constantine the Great, hath it recorded for his honor, that he employed his power & force against L cinius, upon no other Motive but because he banished, tortured, & destroyed those Christians in his Dominions, that would not abandon their Religion. And Q. Elizabeth is commended, for assisting the Dutch to maintain their Religion by force, when they could not enjoy it by favor. And King James the 6. gave public aid to the Protestants in Germany & Bohemia against the Emperor. Against whom also Gustavus Adolphus marched, that he might deliver the oppressed Cities from the bondage that Ferdinand had brought them into. Yea King Charles the first, this man's Father, pretended at least to help the Protestants in France at Ree and Rochelle: And though he himself was avowedly Resisted by the Parliaments of both Ringdoms, yet he was forced to Declare in his Acts of Oblivion & Pacification, The Scots late taking up Arms against him, in defense of their Religion, Laws, & Privileges, to be no Treason nor Rebellion —See Apol. Relat. Sect. 11. pag. 149. And though the late Charles the Second condemned all the Risings of the people of Scotland for defense of Religion & Liberty, and their lives & privileges, which his own Tyrannie forced them into; yet he justified the present Revolt of Heathens & Mohammedan Subjects from the young King of Bantam in Iava Major in the East Indies, who, when he got the Government in his hands by his Fathers Resignation, killed his subjects, and caused them to be killed without any cause, which was the reason of their revolt ftom him, and defending the Father against the son: This defensive war of these Subjects was justied by the said Charles, in his sending Amunition &c. for their relief. These, and many moe Instances that might be adduced, are sufficient evidences of the Righteousness and Reason of such Resistences, when the Greatest of Princes have undertakent he Patrocinie of them.

III. From Scripture-Proofs, I shall but briefly gather some of the many that might be pressed, which being put together to me seem impregnable. I shall reduce them to these heads. 1. I shall aduce some practices of the Lord's people, frequently reiterated, never condemned, always approven, confirming this Point. 2. Some severe Reprehensions for their omission of this duty, in the season thereof. 3. Some promises both of Spiriting for the duty, and of Countenancing it, when undertaken. 4. Some precepts commanding such Atchievments. 5. Some prayers supplicating for them. All which put together will make a strong Argument.

First, For practices of this kind, there is nothing more common in Scripture History.

1. I shall begin at the first war that is recorded in the World: wherein some loss fell to the Godly at first, but afterwards by the virtue & valor of their Brethren they were vindicated, and the victory recovered with honor. Lot & his family living in Sodom was taken Prisoner, by Chedarlaomer and his Confederates Gen. 14. 12. but Abraham hearing of it, armed his trained servants, and pursued them to Dan, and rescued him verse. 14-16. thereby justifying that Rebellion of the Cities of the plain, by taking part & vindicating the Rebells. Hence, he that may rescue subjects from the violence of any Tyrannizing Domination by arms, may also rise with these subjects to oppose that violence: But here is an example of that in Abraham—Ergo

2. After the Lord's people were possessed of Canaan, and forgetting the Lord did enter into affinity with these interdicted Nations, some of them were left to prove Israel, that the Generations of the Children of Israel might know to teach them war. Judge. 3. 1, 2. And when they did evil in the sight of the Lord, He sold them into the hand of Chushan-rishathaim King of Mesopotamia, whom they served and were subject to eight years ver. 8. but when they cried unto the Lord, their Rebellion, shaking off that yoke, was successful under the Conduct of Othniel ver. 10. And after a relapse unto the like defection, they became subject to Eglon King of Moab, whom they served eighteen years verse, 14. but attempting the same remedy by arms, under the Conduct of Ehud, they recovered their Liberty. And after his death, falling into that sin again which procured the like Miserie, they became subject to Jabin King of Canaan, who twenty years mightily oppressed them Judge. 4. 1-3. but by the Lord's Commandment, under the Conduct of Deborah & Barak, they Rebelled & prevailed. Whence, If the Lord's people, serving a Sovereign Domineering power, may shake off the yoke of their subjection; then it is duty to defend themselves and Resist them, for there is no other way of shaking it off: But these examples prove the former: Ergo—Object. If any Cavil that these were not their own Kings, to whom they owed Allegiance, but only invading Conquerors, whom they might resist. 1 Ans. (1) Yet they were the Sovereign powers for the time: And therefore, if Royalists & Loyalists grounds hold good, they ought upon no pretence whatsoever to have been Resisted: And though possibly they might not be by Compact their own Kings, yet by Conquest they were, as much as that would make them, and by their own Consent, when they paid them Kings due, viz, tribute. (2) No more are they our own Kings, who either intrude themselves into an Arbitrary Domination over us (without any terms of a Compact, upon a pretence of hereditary succession) or being our Covenanted Kings overturn all the Conditions of their Compact, & degenerate into Tyrants: To such we owe no Allegiance, more than Israel did to these Dominators. (3) I retort that old recocta Crambe, who should be Judge, whether they were their own Lawful Kings or not? For they acted as Kings, and thought themselves their absolute Lord's, and gave themselves out to be such; And yet we find an approved Rebellion against them. Mr Gee in his Magistrates Original chap. 8. Sect. 4. Pag. 268. improves these Instances to the same purpose, And adds

Neither (as far as my observation goes) can any immediate or extraordinary Command or Word for what they so did be pretended to, or pleaded from the Text, for many of them, or for any save Barak or Gideon.

3. Yet Gideon's example, though he had an extraordinary Call, cannot be pretended as unimitable on the matter; for that was ordinary, though the Call & Manner was extraordinary. He, with the Concurrence of a very few men, did break the yoke of subjection, to Midian Judge. 6. & 7. Ch: And having called his Brethren out of all mount Ephraim, into a conjunction with him in the pursuit of his victory; When he demanded supply of the Princes of Succoth, and of the men of Penuel, and they denied it, he served them as Enemies. Whence, If a small party may with God's Approbation deliver themselves, and the whole of their Community, from the bondage of their oppressing Dominators whom they had served several years, and may punish their Princes that do not come out to their help, in a Concurrence with them and encouragement of them in that attempt; Then must it be duty to defend themselves against their Oppressors that rule over them, and all ought to concur in it; or else there would not be justice in punishing them that were defective in this work: But we see the former from this Example Ergo—Object. If it be said, Gideon, and the rest of the extraordinary raised Judges, were Magistrates, therefore they might defend & deliver their Country, which a private people that are only subjects may not do. I ans. (1) They were subject to these Tyrants that oppressed them, who were then the Sovereign powers of that time, and yet they shook off their yoke by defensive arms. (2) They were not the Magistrates, when they first appeared for their Countries defense & deliverance, neither in that did they act as such, but only as Captains of Rebells, in the esteem of them that had power over them. It is clear Gideon was not Ruler, till that Authority was conferred upon him after the deliverance. See Judge. S. 22. &c. Yet he did all this before.

4. When his bastard Abimelech Usurped the Government, and was made King by the men of Schechem; At length God sending an Evil Spirit between him and his Complices that set him up, not only was he Resisted by the treacherous Shechemites (which was their brand & bane, in the righteous Judgment of God, for their aiding him at first in killing his Brethren) Judge. 9. 23; 24. &c. but also he was opposed by others of the men of Israel, as at Thebez, where he was slain by a woman verse. 50. ad fin. Whence, If an Usurping Tyrant, acknowledged as King by the Generality, may be disouned by the Godly, and threatened with God's vengeance to consume both him & h s Complices that comply with him; and if he may be opposed & Resisted not only by those that set him up, but also by others that were in subjection to him, and at length be killed by them without resentment of the rest of the Nation; Then must it be duty for a people, who had no hand in the erection of such a Dominator, to defend themselves against his force: But the former is true by this Example: Ergo

5. When Israel fell under the Tyranny of Ammon, oppressing them eighteen years, they did by Resisting these Supreme powers shake off their yoke, under the Conduct of Jephthah. And being challenged sharply by the men of Ephraim, who it seems claimed the Prerogative of making war, and therefore came to revenge & reduce Jephthah & his Company to order, Casting herein belike a Copy to our regular Loyalists, who are very tenacious of this Plea of the Ephraimites, that at least without the Primores Regni no war is to be made; yet we find Jephthah did not much regard it, but stoutly defended himself, & slew of them 42000 men known by their Shibboleth Judge. 12. If people then when questioned for defending themselves, by them that claim a Superiority over them & should deliver them, may defend themselves both without them & against them; then it is a people's duty & privilege: But the former is true by this Example.

6. They were then made subject to the Philistines 40 years, whom the men of Judah acknowledged for their Rulers: yet Samson, that rackle-handed Saint, never ceased from pelting them upon all Occasions; and when challenged for it by the men of Judah, saying, knowest thow not that the Philistines are Rulers over us? what is that that thow hast done? Samson objects nothing against their being Rulers; but notwithstanding prosecutes his purpose of vindicating himself, in defense of his Country, As they did unto me, says he, so have I done unto them Judge. 15. 11. Hence, If Saints may avenge themselves upon them whom the Country calls Rulers, and when enabled by God may do to them as they did to them; then must it be duty for them to defend themselves against them: But the Antecedent is true by this Example.

7. When Saul, in the pursuit of the Philistines, had charged the people with a foolish Oath (like unto many of the ensnaring Oaths that Monarchs use to impose upon people) not to eat any food until the evening, Jonathan his son tasted but a little honey and lo he must die; Which Saul confirmed with another peremptory Oath, God do so to him and more also if he should not die? Whereupon the people, as resolute on the other hand to save him, Resisted the rage of that Ruler, and swore as peremptorly that not one hair of his head should fall to the ground: So the people rescued Jonathan that he died not 1 Sam. 14. 44, 45. Hence, If people may Covenant by Oath to Resist the Commands, and Rescue a man from a Tyrants Cruelty; then it is duty to defend themselves against him: The Antecedent is true here.

8. Afterwards when the manner of the King, presaged by Samuel was verified in Saul's degeneration into many abuses of Government; this privilege of Resistence was not wholly mancipated, but maintained by David's defensive Appearance with his little Army He took Goliath's sword not for ornament, or only to fright Saul, but to defend himself with it, and was Captain first to four hundred men 1 Sam. 22. 2. had a mind to keep out eilah against him with 600 men 1 Sam. 23. 13. and afterwards a great host came to him to Ziklag, while he kept himself close because of Saul the son of Kish 1 Chron. 12. 1. throughout▪ where they left Saul, and came & helped David against him. This is proved at length by Lex Rex quest 32. Pag. 340.

9. The City Abel, whither Shebah the Traitor had fled, did well to Resist Joab the Kings General, coming to destroy a whole City for a Traitors sake, and not offering peace to it (according to the Law Deut. 20. 10.) and defended themselves by Gates & Walls, not withstanding he had a Commission from the King 2 Sam. 20. And after the Capitulating, they are never challenged for Rebellion.

10. The ten tribes revolted from the House of David, when Rehoboam claimed an Absolute power, and would not acquiesce to the people's just conditions 1 King. 12. 2 Chron. 10. Which is before justified Head. 2. Hence, if it be Lawful for a part of the people to shake off the King, refuse subjection to him, & set up a new one, when he but resolves to play the Tyrant; then it must be duty to resist his violence, when he is Tyrannizing: But the Antecedent is clear from this Example. This is vindicated at more length by Ius Pop. Ch. 3. Pag. 52.

11. The Example of Elisha the Prophet is considerable 2 King. 6. 32. Elisha sat in his house, and the Elders with him; And the King sent a man before him, but ere the Messengers came to him, he said to the Elders, see how the son of a Murderer hath sent to take away mine head; look when the Messenger cometh, shut the door, and hold him fast at the door; is not the sound of his Masters feet behind him? Here was violent Resistence resolved against both the man & the Master, though the King of the Land for the time. And this calling him the son of a Murderer; and resisting him, is no more extraordinary (though it was an extraordinary man's Act) than it is for a plaintiff to lybel a true crime against a wicked person, and for an oppressed man to close the door upon a Murderer, Lex Rex Quest. 32. Pag. 346. Hence, if a King or his Messenger coming to use unjust violence against an innocent Subject, be no more to be regarded than a Murderers Emissarie, but may be resisted by that innocent Subject; Then must a Community of such innocent Subjects defend themselves against a Tyrant or his Emissaries, coming against them on such a wicked errand: The Antecedent is here clear.

12. The City Libnah revolted from under Jehoram's Tyrannie 2 Chron. 21. 10. P. Martyr on the place saith, they revolted because he endeavored to compel them to Idolatry. This is justified above Head. 2. Hence, if it be Lawful for a part of the people to revolt from a Tyrannical Prince, making defection from the true Religion; then it is duty to defend themselves against his force: The Antecedent is here plain.

13. When Athaliah usurped the Monarchy, Jehoiada the priest strenghtened himself, and made a Covenant with the Captains &c. to put her down, and set up Joash 2 King. 11. 2. Chron. 23. and when she came & cried, Treason, Treason, they regarded it not, but commanded to kill her and all that help her. Whence, if those that are not Kings may Lawfully kill an Usurpress, and all her helpers, then may a people resist them: But Jehoiada though no Magistrate did it.

14. The repressing & punishing Amaziah the son of Joash is an undeniable Instance, vindicated by Mr Knox; see above Per. 3. Pag. 38. After the time that he turned away from following the Lord, the people made a Conspiracy against him in Jerusalem, and he fled to Lachish, but they sent & slew him there 2 King. 14. 19. 2 Chron, 25. 27. Hence, a fortiori, If people may conspire & concur in executing Judgment upon their King turning Idolater & Tyrant, then much more must they defend themselves against his violence.

15. The same power of people's Resisting Princes, was exemplified in Uzziah or Azariah, when he would needs be supreme in things Sacred as well as Civil 2 King. 15. 2 Chron. 26. fourscore priests, that were valiant men, withstood him, and thrust him out of the Temple, deturbarunt eum, saith Vatablus, expulerunt eum saith Ar. Mont. vid. Pool Synopss. in Loc. See this vindicated by Mr Knox. Per. 3. Pag. 33. above. Hence, If private Subjects may by force resist and hinder the King from transgressing the Law, then must they resist him when forcing them to transgress the Law of God.

16. After the Return from the Babylonish Captivity when the Jews were setting about the Work of building the Temple, which they would do by themselves, and not admit of any Association with Malignants (upon their sinister misinformation, & Sycophantick Accusation, that they were building the rebellious & bad City, and would refuse to pay the King toll, tribute, & custom) they were straitlie discharged by Artaxerxes to proceed in their Work, and the inhibition was execute by force & power Ezrah. 4. But by the encouragement of the Prophets, Haggai & Zechariah, countermanding the Kings decree▪ they would not be hindered, the eye of their God being upon them, though Tatnai the Governor of those parts, Shetharboznai, and their Companions, would have boasted them from it, with the Usual Arguments of Malignants, who hath commanded yow to do so & so? Ezrah. 5. 3-5. And yet this was before the decree of Darius was obtained in their favors, Ezrah. 6. Hence, if people may prosecute a duty without & against a Kings command, and before an allowance by Law can be obtained; Then may a people resist their Commands and force Used to execute them: But here the Antecedent is manifest.

17. When Nehemiah came to Jerusalem, and invited the Jews to build up the Walls of the City, they strengthened their hands for that good work against very much opposition: And when challenged by San allat the Horonite, Tobiah the Servant the Ammonite, and Gesh m the Arabian. Great Kings-men all of them, who despise & oasted them, what is this that ye do? will ye rebeli against the King? say they. He would not plead Authority, though in the general he had the Kings warrant for it: Yet he would not give them any other satisfaction, than to intimate, whether they had that or not, having the Call of God to the Work, they would go on in the duty, and God would prosper them against their opposition, Nehem. 2. 19, 20. And accordingly, not withstanding of all Scoffs & Plots & Conspiracies to hinder the building, yet they went on, and were encouraged to remember the Lord, & fight for their Brethren &c. and to build with weapons in their hands, N h. 4. and brought it to an end, notwithstanding of all their Practices to fright them from it, chap. 6. Hence, If neither Challenges of Rebellion, nor Practices of Malignant Enemies who pretend Authority, nor any discouragements whatsoever, should deter people from a duty which they have a Call & Capacity from God to prosecute, and if they may promove it against all opposition by defensive arms; Then, when a people are oppressed & treated as Rebells, for a necessary duty, they may & must defend themselves, and maintain their duty, notwithstanding of all Pretences of Authority against them.

18. I shall add one Instance more, which is vindicated by jus populi, from the History of Esther. Because Mordecai refused to do homage to a Hangman ( Haman I should say) a cruel Edict was procured from Ahasuerus, to destroy all the Jews, written & sealled with the Kings ring, according to the Laws of the Medes & Persians, becoming a Law irrevocable & irreversible Esther. 3. 12, 13. Yet the Lord's Providence, always propitious to His People, brought it about so, that Haman being hanged, & Mordecai advanced, the Jews were Called & Capacitated, as well as Necessitated, to resist that armed Authority that decreed to Massacre them, and that by the Kings own Allowance, Esther. 9. When his former decree drew near to be put in execution, in the day that the Enemies of the Jews hoped to have power over them, it was turned to the Contrary that no man could withstand them. Here they had the allowance of Authority to resist Authority: And this was not a Gift of a new right by that Grant, which they had not before; only it was corroborative of their radical right to defend themselves, which is not the Donative of Princes, And which they had power to exerce & use without this, though may be not the same Capacity: for the Kings warrand could not make it Lawful in point of Conscience, if it had not been so before. Hence, If people may have the Allowance of well advised Authority, to resist the decree & force of unlawful Authority; then may a people maintain right Authority, in defending themselves against the injuries of pretended Authority: But by this Instance we see, the Jews had Ahasuerus his Allowance to resist the decree & force of his own ill-advised Authority, though irreversible. And hence we see, that Distinction, in this Point, is not groundless, between resisting the Authority of Supreme powers, and the abuses of the same.

Secundly, We have in the Scripture both tacit & express Reproofs, for lying by from this duty in the season thereof.

1. In Jacob's Swan-Song or Prophetical Testament, wherein he foretells, what should be the fate & future condition of each of the Tribes, and what should be remarked in their carriage influencing their after Lot in their generations, for which they should be commended or discommended, approved or reproved; Coming to Issachar, he Prophetically exprobates his future Ass-like stupidity, that indulging himself in his lazy ease and lukewarm security, he should mancipate himself & his Interests into a servile subjection unto his Oppressors Impos itions, even when he should be in a Capacity to shake them off, and free himself by Resistence, Gen. 49. 14, 15. Issachar is a strong Ass couching down between two burdens. This is set down by the Holy Ghost, as the brand & bane, not of the person of Issachar Jacob's Son, but of the Tribe, to be inured upon them, when they should be in such a concition by their own silliness: Hence I argue, If the Holy Ghost exprobrate a people for their stupid subjection to prevailing Tyranny, when they do not improve their Ability, Capacity, & Right to maintain & defend their Liberties & Privileges; Then this implies a Commanded duty to defend them, according to their Capacity, from all unjust invasion: But the former is true here: Therefore also the later.

2. In Deborahs Song after their victorious Resistence, the people are severely upbraided for not concurring in that Expedition Judge. 5. 16, 17, 23. and Meroz is particularly cursed for not coming to the help of the Lord, to the help of the Lord against the Mighty. This is Recorded as a resting Reproof, against all that will withdraw their helping hand from the Lord's people, when necessitate to appear in defensive Arms for the preservation of their lives & Liberties. On the other hand, Zebulon & Naphtali are commended for jeoparding their lives in the high places of the fields, and are approved in that practice of fighting against the Kings of Canaan, that then ruled over them verse. 18, 19. Hence, if people be Reproved & Cursed for staying at home to look to their own Interests, when others jeopard their lives for their Countries defense & freedom from Tyrannie & Oppression; Then this implies its a duty to concur in so venturing: But here, Rubeen, Dan, Asher, & Meroz, are Reproved & Cursed for staying at home, when Zebulon & Naphtali jeoparded their lives &c. Ergo.

Thirdly, we have in the Scriptures many promises of the Lord's approving & countenancing the duty of Defensive Arms even against their Oppressing Rulers.

1. In that forecited Testament of the Patriarch Jacob, in that part of it which concerns Gad, he Prophecies that Tribe should have a lot in the world answering his name, and be engaged in many Conflicts with Oppressing Dominators, who at first should prevail over him, but at length God should so bless his endeavors to free himself from their oppressions, that he should overcome. There is an excellent Elegancy in the Original, answering to the Etymology of the name Gad which signifies a Troop, reading thus in the Hebrew, Gad a Troop shall overtroup him, but he shall ouertroup them at the last Gen. 49. 19. And Moses homologating the same Testimony, in his blessing the Tribes before his death, shows that he should make a very forcible & successful Resistence, and should execute the Justice of the Lord over his Oppressors Deut. 33. 20. 21. Wherein is implied a promise of Resistence to be made against Oppressing Conquerors, who should acquire the supreme rule over them for a time: And the success of that Resistence for overcoming, necessarily supposes Resistence. Hence, where there is a promise of success at last to a people's Conflicts against prevailing Tyrannie, there is implied an Approbation of the duty, and also a promise of its performance wrapped up in that promise: But here is a promise &c. Ergo

2. In that Threatening against Tyrants, showing how they shall be thrust away & burnt up with fire, there is couched a promise, and also an implied Precept of Resisting them 2 Sam 23. 6. The Sons of Belial shall be all of them as thorns thrust away—with hands fenced with iron &c. which clearly implies Resistence, and more than that. Rejection & Repression. Hence, If it be threatened as a Curse against Rulers of Belial. and promised as a Blessing, that they shall be so roughly handled; then this implies a duty to resist them, who cannot be other ways taken: But here this is threatened &c.

3. When the Lord shall have mercy on Jacob & choose Israel, It is promised Isai. 14. 2, 3. that they shall take them Captives whose Captives they were, And they shall rule over their Oppressors —This necessarily implies & infers a Promise of Resistence against these Oppressing Rulers, in the time off their Domineering, as well as revenge after their yoke should be broken; And something of men's action as well as God's Judgment in breaking that yoke: for they could not take them Captives, nor Rule over them, except first they had resisted them whose Captives they were: There is Resisting of the Supreme Power, subjection whereunto was the bondage wherein they were made to serve. Hence; If it be promised, that a Captivated & subjugated people shall break the yoke & free themselves of the bondage of them that had them in subjection; then it is promised in that case, they must resist the Supreme Powers; for such were they whose Captives they were: The Antecedent is here express.

4. There are promises that the Lord's people, when those that rule over them are incensed against the Holy Covenant, and when many of their Brethren that should concur with them shall be frighted from their duty by fear, o r corrupted with flattery, shall be made strong to do exploits, though in such Enterprizes they may want success for some time, and fall by the sword & flame and by captivity & spoil many days Dan. 11. 30-34. Which is very near Paralel, to the case of the Covenanted people of Scotland their appearing in Defensive exploits against their Covenant-breaking Rulers these many years bygone. This was very eminently fulfilled, in the History of the Maccabees, before r hearsed. Hence, If it be promised that a people shall be strong to do exploits, in Resisting the Arms of their Rulers, opposing their Covenant, and overturning their Religion & Liberties; Then it must be approven that such a Resistence is Lawful, even though it want success: But this is here promised. To the same purpose it is promised, that after the Lord's people have been long kept as Prisoners under the bondage of Oppressing Rulers, they shall by a vigorous Resistence be saved from their Tyrannie Zech. 9. 13-17. when the Lord shall bend Judah for him and raise up Zion's Sons against the Sons of Greece —So it was in their Resistences & victories, against the Successors of Alexander, who had the rule over them for a time. And so it may be again, when the Lord shall so bend His people for Him. Hence, If the Lord promises to fit & Spirit His people for Action against their Oppressing Rulers, and to Crown their Atchievements when so fited & Spirited with Glorious success; Then it is their duty, and also their honor, to Resist them: But here that is plainly promised.

5. There are promises of the Lord's making use of His people, and strengthening them to break in pieces the power of His & their Enemies, and His defending & maintaining them against all their power & projects, when they think most to prevail over them. As is promised, in the threatened Catastrophe of the Babylonian Usurpation Ier. 51. 20-24— Thow art (says He to Israel, of whom He speaks as the rod of His Inheritance in the preceeding verse) my battle ax & weapons of war, and with thee will I break in pieces &c. Whensoever this hath been or shall be accomplished (as it may relate to the vengeance to be execute upon the New Testament Babylon ) it clearly implies their breaking in pieces Powers that were Supreme over them. Hence, If the Lord will make use of His people's vindictive Arms against Babylon ruling over them, then He will Justify their Defensive Arms against Babylon Oppressing them: Here it is promised &c. So Mic. 4▪ 11. to the end, Many Nations shall be gathered to defile & look upon Zion, and then the Lord shall give Allowance & Commission to His people to arise & thresh &c. What time the accomplishment of this is referred to, is not my concern to inquire: It seems to look to the New Testament times, wherein the Lord's people shall be first in great straits, and then enlarged: But to restrict it to the Spiritual Conquest over the Nations by the Ministry of the Word (though I will not deny but that may be included) seems too great a straitening of the Scope, and not so apposite to the Expressions, which certainly seem to import some forcible action of men, and more than the Peaceable Propagation of the Gospel. It is usually referred to the latter days of that Dispensation, when both the Jewish & Gentile Zion shall be totally & finally delivered from Babylon or Antichristian Tyrannie, before or about which Period, the Enemies of Christ and of His people shall attempt their Ultimus Conatus to destroy the Church groaning under their bondage; but when they are all well mustered in a General Randezvous, the Lord's people shall have a gallant game at the chase. But whensoever the time be of fulfilling the promise, it ensures to the people of God the success of their Defensive Arms against them, that pretended a Domination over them. And it looks to a time, when they should have no Rulers of their own, but them under whose subjection they had been long groaning, and now brought to a very low pass: yet here they should not only resist but thresh them. Hence, If in the latter days the people of God are to be honored, and acted forth with such a Spirit & Capacity to thresh & beat down these powers under which they have been long groaning; Then when the Lord puts them in such Capacity to attempt it, they should be ambitious of such a honor: But here it is promised &c. The same may be inferred from the Prophets vision Zech. 1. 19, 20. He sees four Carpenters Resisting the four horns: the horns scattered Judah, so that no man did lift up his head; but the Carpenters came to fray them, to cast out the horns of the Gentiles, which lifted up their horn over the Land of Judah. These horns had the Supreme power over Judah for a time, while they were in no Capacity to resist them; But as soon as the Lord furnishes them with Capacity & Instruments impowered to resist them, they do it effectually. The Carpenters are certainly the Lord's people themselves; for here they are opposite to the Gentiles, which all were except the Lord's people. Hence, If the Lord promises, when reconciled to His people, to furnish them with Instruments to fray & scatter the power of Tyrants, who have long born down their head; Then when they are so furnished, they may resist them: But the Lord here promises that &c. This is more plainly promised also Zech. 10. 5. &c. Then they shall be as mighty men which shall tread down their Enemies—And the pride of Assyria shall be brought down —Hence, If the Lord, when He shall have Mercy on His people, will bless their Resistence so, as to bring down the pride & Scepter of them that had the Supreme power over them; Then, in hope of such a blessing, they may attempt such a duty, when the Call is clear.

Fourthly, we have also Precepts, from whence we may consequentially conclude the Approven duty of Defensive Arms against Oppressing Rulers.

1. The Children of Israel are Commanded to vex the Midianites & sinite them, for saith the Lord, they vex yow with their Wyles Numb. 25. 17, 18. And to avenge themselves Numb. 31. 2. Which did not only oblige the people, when they had Moses for their Magistrate to lead them forth; but in the days of Gideon, when they were under their rule whom they were to avenge themselves upon. Hence, If people must vex their Enemies, & avenge themselves of them, by a war offensive, when ensnared by their Craftiness; much more may they resist them by a war Defensive, when invaded by their Cruelty. 2. There is a Command to pu ish every City or party, making Apostasy into Idolatry Deut. 13. 12-15. Upon this Moral Ground was Israel's war against Benjamin Judge. 20. And their bringing Amaziah into Condign punishment, which is vindicated by Mr Knox. See above Per. 3. pag. 41, 42. Hence, If people are to bring to condign punishment Idolatrous Apostates seeking to Intyce them; Then much more ought they to resist such Tyrants seeking to Inforce them to such Apostasy.

3. There is a precept, not only to defend, but also to rescue & deliver our Brethren when in hazard Prov. 30. 11, 12. We must not for bear to deliver them when drawn to death: which will at least infer the duty of assisting them when forced to defend themselves; for, If it be a duty to to rescue them from any prevailing power that would take their lives unjustly, much more is it duty to defend them and ourselves both against their Murdering violence: But it is duty to rescue them &c.

4. All that would learn to do well, are commanded Isai. 1. 17. to relieve the Oppressed: which is not spoken to Magistrates only, many of whom were the Oppressors, the Princes were rebellious & Companions of thieves verse. 23. So also Isai. 58. 6. It is required of a people that would be accepted of God in their humiliations, to let the Oppressed go free, and to break every yoke. Hence, If it be duty to relieve the Oppressed by breaking the yoke of them that Oppress them; Then it is duty to defend them and ourselves both against them that would oppress us more: But the former is here commanded: Therefore &c,

5. There is a Command for a spoiled Oppressed people, when the Lord is reconciled to them and Sympathises with them, to deliver themselves from their Rulers servitude Zech. 2. 7. Deliver thyself O Zion which dwellest with the daughter of Babylon. Which comprehends all the ordinary Active means of people's delivering themselves, from oppressing powers that rule over them: And consequently Defensive Resistence; for it cannot only be restricted to flight included ( verse. 6.) the promise annexed ( verse. 9.) imports more, when they that spoiled them shall be a spoil to their servants: Whereby it is insinuated, they were so to deliver themselves, as not only to free themselves from their servitude, but to bring their Masters under subjection. Hence, If the Lord's people, being subject to Tyrants ruling over them for the time, may deliver themselves from their Oppressing Masters, then may they resist them & Defend themselves: The Antecedent is express here in the Command.

6. There is a Command given by Christ to His Disciples, to provide themselves with Defensive weapens, necessary for their Defense against them that would pursue after their lives; as well as with other things necessary for their sustenance Luk. 22. 36— Now he that hath a purse let him take it and likewise his scrip, and he that hath no sword let him sell his garment & buy one. Before, when he had sent them out upon an extraordinary Commission, as it were to serve their Apprentship in the Work of the Gospel, He did not allow them such solicitous care to provide themselves, because He would give them a proof of His sufficiency to sustain & protect them, without the ordinary means of their own Diligence. But now, when He was about to withdraw His bodily presence from them, and would warn them of the Discouragements they were to expect in the Prosecution of their more continued Work, which they had a Commission for not to be retracted, He would not have them to expect Provision & Protection by a Course of Miracles, but to provide themselves with means for their sustenance, and also for their Defense against the violence of men; which chiefly was to be expected from their Rulers, who would persecute them under the notion of Transgressors of the Laws of their Kingdoms & Countries. He was not indeed to make much use of them, at that time, for Himself; Who was then to finish the Work of Redemption by Suffering: Only, that what was written might be accomplished in Him, He would make so much use of them, as voluntarely to be involved under the censure & reproach of Rebellion, being taken among men in Arms, that He might be reckoned among Transgressours verse. 37. Therefore when they told him, they had two swords, He said, It is enough verse. 38. I need not stand upon that Impertinency of a Conceit, that these were Spiritual swords: Which deserves no Confutation, being fitter to be put among Quakers delirious distractions, than to be numbered among the notions of men of understanding: for then the Purse and the Scrip must be Spiritual too; And these Spritual things must be bought by sellings of Garments; And yet they would be such Spiritual tools, as would have a sharp edge for cutting off of Carnal ears, and such as would be both visible & sensible; And two of them would be enough. They were then ordinary Material swords, which the Lord Commands His Followers to provide themselves with, for their defense as Men, in cases of necessity, and, when they should be in a Capacity, to improve them against their Murdering Persecutors, against whom He gives His Royal Grant of Resistence; that the world may know, His Subjects, though they have more Privileges Spiritual, yet they have no less human Privileges than other men: Albeit at that Period of His determined Suffering, He would not allow the present use of them. Hence, If the Lord's people should provide themselves with Arms of defense, though they should be reputed Transgressors for so doing; Then may they use these Arms of Defense, against them that Persecute them under that Notion: But the Antecedent is clear: Therefore &c.

Fifthly, We may infer the same Truth from some of the Prayers of the Saints, wherein they glory in the confident expectation of the Lord's strengthening them, & favoring & approving their helpers, & in the experience of the Lord Assisting them, while in the mean time constitute in a formed Appearance of Resistence. I shall only hint these.

1. In that prayer Psal. 44. 5. They glory in hope that through the Lord they will push down their enemies &c. yet now they were under the power of Tyrannizing Dominators which they were Resisting: for verse. 9. they complain they were put to shame, because the Lord went not forth with their Armies, & they which hated them spoiled them—And for His Sake were killed all day long: Hence they plead, that the Lord would awake—and not forget their affliction & oppression. Whereby it is evident, they were under the yoke of Tyrannizing powers, and Resisting according to their might. Which, by whomsoever or upon what occasion soever the Psalm was compiled, shows, that no want of Success in Resisting Tyrants, can mar the Saints faith in pleading for the Lord's Assistence & Approbation of the Duty. Hence, they that in faith may pray for & boast of their treading down their Tyrannizing powers. that rise up against them, may also in faith attempt the Resisting of them in their own defense: But here the Lord's people did the former.

2. We find David under Saul's persecution, while he had a party of 600. men to defend himself against his rage, in the Psalms which he composed upon that occasion, not only complaining of Oppressors, but encouraging himself in the faith that God would be with them that assisted him, in his essay of defending himself, and imprecating destruction to Saul & his Complices; that the Lord would cut them off in His Truth, and let him see his desire upon them Psal. 54. 4, 5. ult. And Psal. 57. 4. And Psal, 57. throughout, And Psal. 140. 7, 9. He imprecates against the head of them that compassed him about, and consequently against Saul. Whence I argue. 1. If the Lord's people, conflicting with & encompassed with Oppressing Rulers as so many Lions & Dogs, may pray & praise for the help of those that assist them, in their endeavors of Self-preservation from them; then may they make use of their help for their Defense, for which they pray & praise: But here we see the Lord's people did the former: Therefore they may do the latter. 2. If we may pray against Kings, and for preservation from them; Then may we Defend ourselves against them, and endeavor the means of that preservation for which we pray. The Connection is before cleared: yet here I add; That which will give a Dispensation from our duty of praying for them, will also dispense from the duty of being passively subject to their will; And consequently will allow defending ourselves from their violence: But here we see Tyrannie & Treacherie, and designed Mischief will give a Dispensation from our duty of praying for them, though that be duty as indispensable as subjection. Again, if any thing demur us from Resisting of Princes, it must be respect to their Majesty, and the Character of the Lord's anointing upon them: But we see, no respect to that will demur a Believer from praying in faith against them: Therefore no such respect will hinder, but that he may defend himself against his violence. And indeed, if we consider it right, if the impression of any Majesty God hath put upon Princes should bind up our hands from any Resistence, it will restrain from prayer-resistence: for, if that impression have any force at any time, it must be when a man is most solemnly stated before God, and speaking to God as a Christian, rather than when he is acting as a man with a man like himself: And as prayer-resistence is the more formidable & forcible Resistence than any other (as this Saul, and many other Kings, have found by their woeful experience) so it is more restricted than other Resistence; for, we may defend ourselves against many whom we must not pray against, to wit, our private enemies, for whom we are commanded to pray; yet nobody will deny but we may resist their violence: And likewise, we are commanded to pray for Kings, when invested with God's Authority: But when their degeneration looses us from that obligation to pray for them, and allows us to pray against them when they turn Enemies to God (as we see in the prayers of the Psalmist) Then also we may more warrantably resist them by Defensive Arms.

3. Among the Halle-luyahs, in the end of Psalms, there is one Calcula e for the prevailing time of the Church, when the Lord shall take pleasure in His people. In that time of the Saints being joyful in Glory, when they may glory in the rest & security the Lord will vouchafe upon them, they are Prophetically & very Pathetically excited to praise prayer-wise Psal. 149. 6. to the end. Let the high praises of God be in their mouth, and a two edged sword in their hand— to bind their Kings with chains—to execute upon them the Judgment written; this h nour have all the Saints, Halle-lujah. This was their praise & honor, when they were brought in to execute vengeance upon the Kings & Nobles of 〈◊〉 . This also in David's time was the ambition and also the attainment of the Saints, in their Triumphant victories over many of their Oppressors round about them. But it looks to a further & more famous execution of vengeance upon the Tyrants of the earth, when they shall have long kept under the Church of God, & at length the Lord shall give His people a Capacity to break their yoke: which, when ever it shall be, shall be their honor. Hence, If it be the honor of the Saints, when the Lord puts them in Capacity, to execute vengeance upon their Enemies, though they be Kings that Oppress them; Then it may be their ambition to seek it, at least they may resist them. Thus from several Scripture Practices, Reproofs, Promises, Precepts, & prayers, this Truth may be proven: from which Scriptures, though other precious Truths are more Natively deduced, yet this Truth by unstrained & unconstrained Consequence may be also clearly inferred.

HEAD. VI. The Sufferings of Some, upon the account of Extraordinary executing of Judgment upon Notorious Incendiaries & Murdering public Enemies by private persons in the circumstances wherein they were stated, vindicated.

SUrely (saith Solomon) Oppression maketh a wise man mad, as on the other hand, a gift destroyeth the heart. Which, whensover there is a Concurrence & verification of both together, makes it very incident, and no ways to be admired, that either some Actions of the Oppressed be Censurable; Or that there be found many to Censure them, either out of ignorance, or prejudice, at a far off glance, which a nearer & narrower inspection of circumstances, through a Prospect of Charity, would not so readily condemn. When the Oppression of Tyrants comes to such a hight & pinch of Extremity, that it not only threatens a Community with desolation, but induces a necessity of unavoidable dissolution, and reduces a people to such a paroxisme of Desperation & consternation (in respect of human deliberation bringing them to their wits end ) that either they must succumb as slaves, and mancipate consciences, persons, Liberties, properties, and all they are or have, to the lust of raging Tyrants and their revening Emissaries; or surrender themselves, and their posterity, and which is dearer the Interest of Religion, to be destroyed: Then it is no wonder, that they be sometimes necessitated in such an extremity; extremis malis extrema adhibere remedia, and forced to fall upon such expedients to prevent their utter extermination, as at other times common Order, and ordinary Justice would make extravagant. Yea it is no marvel, though they fall into several real Extravagances, which are not to be justified nor extenuated; but rather it is to be acknowledged, as a Miracle of the Lord's Mercy, that in such a case they are restrained from more scandalous Excesses of that nature. Yet even then, such as live at ease, free of oppression, who are blinded with prejudice at the Oppressed, and bribed with the Indulgence & Lenity of the Oppressors towards themselves, will look upon these Actions as transports of madness, and effects of extravagant zeal, while they weigh them only in the scales of Ordinary Justice, and do not ponderate them in the balance of Necessitated Virtue; nor perpend the circums ances which made those extraordinary Acts of Judgment, which materially are Lawful at all times to be executed by some, to be then necessary Acts of Justice to be inflicted by them in such a case. But if either the Oppressors themselves; Or such who are blinded & bribed with their gifts and killed with their kindness, not only into an omission of concurring, but into a condemning of such extraordinary Attempts of taking off those Destroyers; Or if On-lookers at a Distance, would seriously consider, and ingenuously declare their opinion in a particular application of the case to themselves, what they would do in such circumstances: I doubt not, but as Charity should oblige them to be sparing of their Censures, in a case whereof they have no experience; So Justice, in resolving this point for themselves, would constrain them to justify such extraordinary necessitated Practices for self preservation, in preventing perishing by destroying their Destroyers, and move them rather to admire their Patience, who have suffered so much and so long those beasts of prey to devour them, than to censure their precipitancies, in being constrained to endeavor to deliver themselves at last from, and put an end to their Cruelty who did most annoy them. Yea (as Naphtali says very well)

It were impossible that rational men, after the feeling of so sore grievances, and the teaching of so many & sad experiences, should still couch under the burden, and submit themselves to the yoke of such vile Apostate Upstarts and bloody Villains, and not rather acquit themselves like men, by pulling off these vizards, under which they mask their Villanies and clock their violence; and plucking them out of that Sanctuary of Loyaltie, and Refuge of Authority, which they do not more pretend than profane by all their horrid Rebellion against God, and cruel Murders executed upon the Lord's people, to the effect that in the righteous & deserved punishment of these wicked men, both the sin of the Land might be sisted, and the fierce Anger of the Lord averted,
Naph. Prior edit. Pag. 134.
Nevertheless such Lawful, and (as one would think) laudable Attempts, for cutting off such Monsters of Nature, beasts of prey, burdens to the earth, as well as Enemies to the Common-wealth, are not only condemned as Murders & horrid Assassinations, but Criminally & Capitally punished as such. And upon this account, the Sufferings of s ch, as have left a Conviction upon the consciences of all that knew them, of their honesty, integrity, soundness, in the principles, and seriousness in the practice of Religion, have been several, singular, and signally severe; and owned of the Lord to the admiration of all Spectators: Some being cruelly tortured & executed to the death, for essaying such execution of Judgment, as Mr Mitchel; others for accomplishing it, as Mr Hackstoun of Rathillet, and others, who avowed their accession to the cutting of that Arch-Traitor Sharp, Prelat of St Andrew's; And others for not condemning that and the like Acts of Justice, though they were as innocent of the facts as the Child unborn. The foregoing Historical Representation of the matters of fact, doth clear the Circumstances of the Actions: which, if ever any of that nature performed by private men without public Authority, could be justified, will at least demur the condemning of them. For, the men, or rather monsters, thus removed, had not only been perjured Apostates from, and conjured Enemies against God, in a Conspiracy with the Devil to destroy the Reformation and the Remnant that professed it, affronted Blasphemers, perfidious Betrayers of the Country, and Enemies to the Commonweath, Malignant Incendiaries, and habitual Murderers of many of the Lord's people, who for many notorious Crimes had forfeited their lives to Justice; But were insolently prosecuting their Murdering designs, informing the Council, and instigating them against innocent people to destroy them utterly, procuring from them bloody Orders to spare none but cut off all who might fall into their hands, and vigorously & vigilantly with all violence pursuing their Murdering Mandats, both in their own persons, and by villains whom they hounded out as Intelligencers to get & to give notice where any of those people might be detected, whom they vowed (and avowed a design) to destroy, when in the heat & hight of their rage they were cut off. The Actors were no ways subject to them, nor any other way related than declared & Independent Enemies are to one another, having renounced all relation to them and their Masters as Magistrates or their superiors; and were in no terms of peace with them, but maintaning an hostile opposition, and carrying without cessation, arms to resist them; and when they got that advantage over them, that these Enemies were seeking against them, they declared solemnly to them, and died declaring it to the world, that they were not moved out of private revenge for personal injuries they had done against themselves, but being touched with the zeal of God, love to their Country, respect to Justice trampled upon by Tyrants, and for saving themselves, rescuing their Brethren, and preventing their Murthering them, because there were none that would or could execute Justice upon them legally, therefore they were forced to put forth their hands against them as enemies, with whose preservation their own could not consist. Their Circumstances were such, that they were redacted to the greatest of Extremities, precluding all other human possibility of preserving themselves and their Brethren from the destruction intended, and declaredly resolved, and restlessly sought & prosecuted, by these Murderers: being persecuted to the death by them, daily chased, hunted, way-laid, turned out of their own habitations, intercommuned, discharged & denied all harbor in any house, under the hazard of the same pains that themselves were liable to, which was death by the present Law, and so forced to hide in Caves & Dens; out of which they durst not come forth, if it were but to seek bread for themselves, without eminent danger of their lives; the Country raising the hue & cry after them, whensoever they were seen, whereby many were killed as soon as they were apprehended: Hence they could neither escape in the Land, nor by flight out of the Land, all passages by sea & Land being stopped, and none suffered to go anywhere, without strict examination what they were, which was impossible for them to elude: And many other specialities of misery & danger were ingredients in their Circumstances, that no words can represent to them that are altogether strangers to them. Wherefore in such a strait & pinch of Perplexity, when they could not otherwise escape the fury of these firebrands, nor demur & deter the rest of them from an uncontrolled pursuit after the lives of Innocents, nor otherwise avert the wrath of God against the Land for the impunity of such vermin; And seeing there was no access to address themselves to Magistrates, who by Office are obliged to bring such villains to condign punishment, And none were found in public Authority but such as patronized & Authorized them, whom in Conscience they could not acknowledge, and in prudence durst not make application to them for fear of their lives; What could they do? what was left them to deliberate, but to fall upon this Extraordinary Course; wherein if they have stumbled into some extravagancies, as to the manner, who can think it strange, considering the Case? But as that is not the debate; so as for such Acts of vengeance as are peccant in the matter, and were not circumstantiate as above rehearsed, being disouned in their public Declarations, and the Actors excluded from their Communion for whom I plead; it were iniquous to impute the scandal of them to that Suffering people. It is only the so Circumstantiate, necessitated, extraordinary execution of Judgment, upon notoriously gross & grassant Incendiaries, Tyrants, and terrible Murdering Enemies, when there is no living for them, that I vindicate. And though the handling of this tender & quick-scented subject may seem odious to some, and my Discourse upon it as pregnant with an oblique design; to obivate such unmerited surmises, I must say, it is only the wiping off of such Reproaches as reflect on Religion, the vindication of preterite extraordinary practices of this nature, the investigation of present duty with respect to future Emergencies, and the restraining all Extravagancies incident in this Head, that I intend. However this may be exploded by this generation as odious & un-couth Doctrine, yet in former Periods of this Church it hath been maintained with Courage, & asserted with Confidence. How the Ancient Scots, even after they received the Christian faith, served their Tyrants and Oppressors, how in the beginning of the Reformation the killing of the Cardinal, and of David Rizio, were and are generally to this day justifed, and what was the Judgment & pleading of our Reformers for practicing this principle against Idolaters &c. needs not be here repeated: Mr Knox's Judgment in particular is before declared, and will be further discovered, if we consider how he resented his slackness, in puting people to execute Judgment in these words, insert in Second Part of the Cloud of Witnesses Pag. 60.
For God (said he) had not only given me knowledge, and a tougne to make known the impiety of the Idol, but had given me Credit with many, who would have put in execution God's Judgments, if I would only have consented thereto: but so careful was I of the common Tranquility, and loath was I to offend some, that in secret conference with zealous men, I travelled rather to slacken that fervency God had kindled in them, than to animate & encourage them to put their hands to God's Work; wherein I acknowledge myself to have done most wickedly, and from the bottom of my heart I do ask God pardon, that I did not what in me lay to have suppressed that Idol in the beginning.
But the preceeding Historical Representation doth abundantly demonstrate this is no Noveltie, to assert, That when the ruin of the Country, suppression of Religion, destruction of the Remnant professing & suffering for it, and the Wrath of God is threatened in & for the impunity of Idolaters & Murderers, that by the Law of God & Man should die the death, and supposing always such as are in public Office not only decline their duty, but encourage those destroyers, yea Authorize them themselves; we may not only maintain defensive Resistence according to our Capacity, but endeavor also vindictive & Punitive force in executing Judgment upon them in cases of necessity, as before Circumstantiate. And am the more confident to assert it, that what I say cannot be condemned, till first what our Reformers have proven be confuted. However to endeavor to make it some what clear, I shall first premit some Assertions, to clear the State of the Question: And then give some Reasons for it when clearly Stated.

First, It will be needful for clearing our way, to show what length we may warrantably go in this matter of executing Judgment, in our private Capacity, in extraordinary Cases of necessity, by setting down some propositions negative & positive: Signifying what we disoune, and what we own in this point.

I. What we disoune, may appear in these Assertions.

1. No necessity not Circumstance supposible whatsoever, can justify the Murder of the Righteous or Innocent, or vindicate the unlawful taking away of their life directly or indirectly, immediately or mediately, which in thought as well as deed we must abhor, as a horrid breach of the Sixth Command. The Guilt whereof may be incurred several ways; As by killing them Immediately, as Cain did his brother Abel; or Commanding them to be killed, as Saul commanded Doeg to kill the Lord's Priests; or Contriving their Murder, as David did Uriah’s, and Jezebel Naboth's; or Counselling thereunto, as the people advised the Princes to the murder of Jeremiah, and all that cried Crucify Jesus were Murderers of Christ; Or by procuring it, as Haman was guilty of the intended murder of the Jews; Or Concurring therein, as Joab was guilty of Uriah’s death as well as David, and Judas of Christ's by betraying him; Or by the Patrocinie thereof, defending & sparing the Murderers; when called by Office to punish them, as David was guilty in not punishing Joab, Ahab in patronizing the Murder of Naboth; Or by Consenting thereunto, as Saul consented to the death of Stephen; or by knowing & permitting, & conniving at it, as is condemned Prov. 24. 11, 12. Whether this be done under color of Law, as Pilate Murdered our Lord, Herod killed James; or without all color, by Absolute power, as Herod the Ascalonite murdered the Infants; or whether it be done by purpose, as Joab murdered Abner & Amasa; or without previous purpose, yet with knowledge of the Action in the perpetrating of it, as men may do in passion when provoked beside their purpose, or in a Tumult without intending it before hand, yet that is Murder, Barabas committed Murder in the Insurection. For, as for Casual killing contrary to intention without knowledge, thats no breach of the Command. And, whatever may be said of necessitated delivering up the Innocent, pursued by a potent Enemy, to deliver the City from his fury; or of preferring our own life to our innocent neighbor, in a case when both cannot be preserved, and by preserving the one Lawfully the other happens to lose his life; I do not medle with these Cases. But since this is taken for granted by Casuists, I infer, if it be Lawful that an innocent man die in case of necessity, that others may be preserved; Then much more is it Lawful, that the nocent woe are guilty of murdering the Righteous all these ways above specified, and actually prosecuting their murdering designs by these methods, should rather be made to die than the Righteous be destroyed. But of this sort of Murder, taking away the life of the Righteous, none hath the impudence to accuse that Reproached people.

2. Thô a man kill an innocent unwittingly & unwillingly, besides his knowledge and against his will; yet he may be guilty of sinful homicide, if he was obliged to know that he was in hazard of it, and neglected to consider, lest a man might be killed by what he was doing: as if a man should shoot at random, when he doth not know but some may be killed thereby; or if one were hewing with an axe, which he either knew or might have known to be loose, and the head not well fastened to the helve, did not advertise those about him of it, if by flying off it happened to kill any person, he were not innocent, but if he knew not without any inadvertency, then he were guiltless, Deut. 19. 5. See Durham on 6. Com. So if a man built a house without battlements, he should bring blood upon his house, if any man fell from thence Deut. 22. 8. But of this the question is not.

3. Thô a person be not altogether innocent, nor to be reckoned among the Rigtheous; but suppose him wicked & profane, and engaged in an evil Course, dishonorable to God, prejudicial to the Church & Kingdom, and very injurious to us: Yet it may be Murder to kill him, if he be not guilty of Crimes that deserve death by the Law of God: for the life of man is not subjected to the arbitrement of any, but His who is the Author of life & death: Its necessary to all to obey the Law, Thow shalt not kill, without exception, but such killing as is approven by the Author of the Law, as saith Ames de Consciencia cap, 31. quest. 2, Hence, this people so much reproached with extravagant Actions, do abundantly clear themselves of that imputation of being of the mind to kill all that differ from them, which was the impudent forgery of the father of lies, in their Informatory Vindication Head. 2. Pag. 54.

We positively disoune (say they) as horrid Murder, the killing of any because of a different persuasion or opinion from us, albeit some have invidiously cast this odious Calumny upon us.
And it is as clear, they that took the Oath of Abjuration swore a lie, when they abjured the Apologetical Declaration, in so far as it asserted it was Lawful to kill all employed in the Kings service, when it asserted no such thing, as is shown above Head. 3. To think so much, let be to declare it, far more to practice such a thing against all that served the King, or any merely because they served him, or because they are in a wicked Course, or because they have oppressed us, were abominable: for these things simply do not make men guilty of death, to be punished Capitally by men according to the Law of God. But when they are stated in such opposition to us, and serve the Tyrants Murdering Mandats by all those ways above specified; then we may by the Law of God and Nature and Nations destroy, slay, and cause to perish, and avenge ourselves on them that would assault us and are seeking our destruction, as it was Lawful for the Jews to do with Haman's Emissaries Esther. 8. 11, 13. & 9. 1, 2, 5. This Charge then cannot reach the Case.

4. Thô Murderers, and such as are guilty of death by the Law of God, must be punished by death, for he that sheddeth man's blood by man must his blood be shed: Yet it may be Murder for a man to kill another, because he thought him so Criminal, and because he thought it his duty, being moved by a pretended Enthusiastical Impulse, in imitation of the extraordinary Actions of such as were really moved by the Spirit of God. As when James & John would have commanded fire to come down to consume the Samaritans, the Lord rebuked them, saying, ye know not what manner of Spirit ye are of, for the Son of man is not come to destroy men's lives but to save them Luk. 9. 54-56. Such impulses had need to be well examined, for ordinarily they will be found not consistent with a Gospel Spirit, which is always averse from act of Cruelty. Blind zeal sometimes may incite men to fearful work: yea the persecutors have often most of that Spirit, as our Lord foretells, the time cometh that whosoever killeth yow shall think that e doth God service John. 16. 2. Paul in his Pharisaical zeal breathed out slaughter against the disciples. And Satan can drive men under several colors, to act such things, as he did the Bours in Germany, and John of Leyden and his followers, whose practices are deservedly detested by all that have any spark of Christianity or humanity: for if this were espoused as a Principle, there would be no security for men's lives. But hence it cannot be concluded, that God may not animate some to some rare Enterprises, for the cutting off of Tyrants and their bloody Emissaries, Incendiaries, Destroyers of innocent people, and puting an end to and stoping the Career of their Murders, in a time of real extreme necessity, the matter of the action being unquestionably Lawful, their ends & intentions really good & commendable, there being also a deficiency of others to do the work, and themselves in some probable Capacity for it. See Ius Popul. Cap. 20. Pag. 410. Neither can it be denied, but true zeal may sometimes incite people to such exploits, for the preservation of Religion & Liberty, their own lives and Brethren, all like to be destroyed by the impunity of beasts of prey. This will be found very consistent with a Gospel Spirit: And though this Principle be asserted, and also put in practice, all persons notwithstanding thereof would have sufficient security for their life, except such as hath really forefeited their lives by all Law of God & man. Those that are led by Impulses, may pretend the imitation of extraordinary examples and abuse them; yet hence it will not follow, that in no case these extraordinary Examples may be imitated. Shall the examples of good Magistrates, executing Justice on Idolaters & Murderers, be altogether unimitable, because Tyrants abuse them in persecuting the innocent? If this arguing were good, it would make all virtuous Actions in the world unimitable; for these may be abused by pretenders. See Ius Popul▪ ubi supra Pag. 412. But it cannot be charged upon the Sufferers upon this head, that they had nothing to give as the reasons of their Actions but pretexts of Enthusiasmes.

5. Thô a man be really so Criminal, as tha he deserves death by the Law of God & man; yet it may be murder to kill him, if we do not certainly know it, and can prove it, and convict him of it upon Trial: for no man must be killed indictâ or incognitâ causâ. Thus even Magistrates may Murder Murderers, when they proceed against them without probation or cognition according to Law, far more private persons. Thus the Abiezrites would have murdered Gideon, not only unjustly for his duty of throwing down the Altar of Baal, but illegally, because they would had him brought out that he might die without any further Trial Judge. 6. 29, 30. So likewise the Jews that banded & bound themselves under a curse to kill Paul before he was tried, would have Murdered him, not only unjustly for his duty, but illegally before he was tried Act. 23. 12. But this doth not condemn the Actions of those Sufferers, in maintaining the necessary execution of Judgment, upon persons who are Notorious Murderers, yea professing a trade and prosecuting habitually a tract of continued Murdering the people of the Lord.

6. Thô it should be certainly known, and sufficiently proven, that a man is a Murderer &c. Yet it were Murder for an inferior, under a relation of subjection to him, to kill him, as long as that subjection were acknowledged: for whensoever the common & mutual right or relation, either Natural, Moral, Civil, or Religious, to the prejudice or scandal of the Church or State or particular persons, is broken by killing any person, that is Murder; though the person killed deserve to die. As if a Subject should kill an acknowledged King, a Son by Nature or in Law should kill his Natural or legal father, a Servant should kill his Master, breaking these relations, while their right & tie were acknowledged (as some of them must still be acknowledged as long as the Correlates continue in being, to wit, that of a father is not broken by his becoming a Murderer) and to the danger, detriment, & scandal of the Church & State; That were properly Assassination: for Assassins are they, who being subject to others, either out of their own head for their own ends, or by command of their Superiors, kill their Superiors, or such as they command them to kill, as Alstedius describes them Theolog. Cas. cap. 18. de homicid. reg. 55. Therefore David would not kill Saul, because he acknowledged him to be the Lord's Anointed, to whom he was under a relation of subjection; and because he was his Master and Father in Law; And because it would have tended to the hurt of the Kingdom, and involved it in Combustions & Contentions about the succession, and prejudged his own right, as well as to the scandal of the people of God, though Saul deserved otherwise to be capitally punished. So Ishbosheth was killed by Baanah & Rehab 2 Sam. 4. 7. So Iozachar & Iehozabad who killed Joash 2 King. 12. 21. were punished as Murderers chap. 14. 6. because they were his servants, and did assassinate him to whom they were subject. So the servants of Amon were punished by the people, as Conspirators against their King & Master 2 King. 21. 23, 24. though Amon deserved to have been punished as well as Amaziah was. Hence generally it is observed by some, that though right be given to equals or Superiors to bring their nearest relations to condign punishment, when they turn entycers to Idolatry Deut. 13. 6. Yet no right or jus, upon any cause or occasion whatsoever, is given to inferiors, as Children &c. to punish their fathers. See Pool. Synop. Critie. in Locum. However it be, this cannot condemn the taking off of Notorious Murderers, by the hand of such as were no way subject nor related to them, but as enemies, who in extreme necessity executed righteous Judgment upon them, without prejudice of the true necessary & chief good of the Church & Commonwealth, or of any particular persons just right & security, as Naphtali qualifies it Pag. 22. 23. Prior edit.

7. Thô the matter of the Action were just, and the Murderer such a person as we might punish, without any breach of relative obligations or duties; Yet the manner may aggravate it to some degree of Murder; if it be done Secretly, when it may be execute publicly; or suddenly & precipitantly, when it may be done deliberately, without rushing upon such an Action, or hurrying the Murderer to eternity, as this also might have had some weight with David not to murder Saul secretly & suddenly in the Cave, or when he was sleeping, So Ishbosheth and Io sh and Amoa were murdered; Or if it be done subtly, when it may be performed in more plain & fair dealing; or teacherously, under color of friendship; or cruelly without regard to humanity; and especially when the Actors are at peace with the person, whose blood they shed, as Joab shed the blood of war in peace 1 King. 2. 5. in killing Abner & Amasa so craftily & cruelly; and Absalom made his servants Assassinate Amnon 2 Sam 13. 28, 29. But this cannot be charged upon them, who executed righteous Judgment, as publicly, deliberately, and calmly, as the extraordinary exigence of pressing necessity, in extremity of danger, could allow, upon notorious Murderers, with whom they were in open and avowed terms of hostility.

8. Thô the manner also be inculpable; yet if the principle and motive of killing, even those that deserve to die be out of malice, hatred, rage, or revenge, for private or personal injuries, it is Murder. For the affection & intention doth make one and the same action of taking away the life, homicide or no homicide, as Lex Rex saith Quest. 31. Pag. 338. If a man out of hatred deliberately take away another man's life, he is a Murderer eatenus; but if that same man had taken away the others life, by the flying off of his axe head, he neither hating him before nor intending to hurt him, he is no Murderer by God's express Law, allowing Cities of refuge for the one, and not for the other Deut. 4. 42. Deut. 19. 4. &c. private revenge is indignity to God, whose it is to take vengeance Deut. 32. 35. Rom. 12. 19. Dearly beloved avenge not yourselves, for vengeance is the Lord's. For which cause Jacob curses Simeon & Levi their Murder of the Schechemites, for in their anger they slew a man Gen. 49. 6, 7. So David would not put forth his hand against Saul, for his own private & personal quarrel. So Joab killed Abner, and Absalom Amnon. But this doth not make the execution or Judgment, out of zeal for God, respect to Righteousness, love to the Nations Interest, and care to preserve the persecuted people of God from imminent destruction, upon public Enemies Incendiaries, that are trampling upon all these precious Interests, and threatening the utter ruin of them, and in a particular manner their destruction who thus prevent them.

9. Thô the motive or cause were upon a public account, yet it may be Murder to have a wrong End in it: as either to intend simply the destruction of the person on whom they execute Judgment, as the end to which all their Action is directed, or to make their own advantage or honor the end of the Action. Thus David would not kill Saul, because it might have been thought he did it to obtain the Kingdom, of which he was rightful successor: And deservedly he punished the Amalekite, that brought news of his killing Saul; and Baanah & Rechab, for their killing Ishbosheth, thinking thereby to advance themselves at David's Court. So also Joab murdered Amasa to secure himself in the Generals place. And Jehu, though upon the matter he executed righteous Judgment, his end was only himself, it is condemned as murder. But when the execution of righteous Judgment is both formally intended by the Actors, and natively & really doth conduce to the Glory of God, the preservation of the Remnant threatened to be destroyed by these Murderers, the suppressing of impiety, doing of Justice, turning away wrath, and removing of present and preventing of future judgments, then it may be duty Naph. Pag. 23. Prior edit.

10. Thô the end also were not culpable; yet it may be Murder to kill Criminals by transgressing the sphere of our vocation, and usurping upon the Magistrates sword: for he by Office is a Revenger, to execute wrath upon him that doth evil Rom. 13. 4. none must make use of the sword of vindictive Justice, but he to whom the Lord giveth it, therefore they that came to take Christ are condemned & threatened for this Math. 26. 52. all they that take the sword shall perish with the sword. The God of Order hath assigned to every man his station & calling, within the bounds whereof he should keep, without transgressing by defect or excess, let every man abide in the same calling wherein he was called 1 Cor. 7. 20. and study to be quiet and do his own business 1 Thess. 4. 11. Therefore David would not kill Saul, because he would have done it beside his calling. And therefore the killing of Joash and Amon was murder, because the Assassins did transgress their vocation. But when Notorious Incendiaries do not only transgress their vocation, but the Limits of human society, and turn open enemies to God & man, destroying the innocent, making havoc of the Lord's heritage, and vaunting of their villainies and boasting of their wickedness, and thereby bringing wrath upon the Land if such effrontries of insolence should pass unpunished, and when there is no Magistrate to do that work of Justice, but all in that p ace are airt & part with them, patrons & defenders of them, yea no Magistrate that can be acknowledged as a Minister of God to be applied unto; in that case, it is no a transgression of our vocation, nor an Usurpation upon the Magistrates, where there is none, to endeavor to avert wrath, by executing righteous Judgment. Otherwise if for fear, or suspicion of the accidental hazard of private men's Usurping the Office or doing of the duty of Public persons, every virtuous Action which may be abused shall be utterly neglected, Impiety shall quickly gain Universal Empire, to the extermination of all goodness Naph. Pag. 24. Prior edit. To clear this, it must be considered, that a man's calling is two fold; his particular calling, whereunto in the ordinary course of things he is regularly confined; and his general calling, not circumscribed by particular rules, which from the common obligation of the end for which all callings are institute, in the clear exigence of an extraordinary emergent, according to the general rules of righteousness, bind to an aggreeable practice: Therefore circumstances may sometimes so diversity Actions, that what in the ordinary & undisturbed state of things would be accounted an excess of our particular calling, & an Usurpation, in an extraordinary occurrence may become a necessary duty of our general calling.

11. Thô it were no Usurpation beyond our calling; yet it may be murder, to kill any without the Call of God in a case of necessity, either in tute â vitae proximâ, or though it be remotâ when the hazard is unavoidable. Every thing must have God's Call in its season to make it duty, so also the time of killing Eccles. 3. 3. For want of this, David would not kill Saul. Lex Rex saith excellently to this


Quest. 31. pag. 329, 330. David might have killed Saul when he was sleeping, and when he cut of the lap of his garment, but it was unlawful for him to kill the Lord's anointed, as it is unlawful to kill a man because he is the image of God Gen. 9. 6. except in case of necessity— David having Saul in his hand, was in a remote posture of defense, the unjust invasion then was not actual, nor unavoidable, nor a necessary mean in human prudence for self preservation; for King Saul was not in an actual pursuit of the whole Princes, Elders, Community of Israel; Saul did but seek the life of one man David, and that not for Religion, or a National pretended offense, and therefore he could not in conscience put hands on the Lord's Anointed, but if Saul had actually invaded David for his life, David might in that case make use of Goliath's sword (for he took not that weapon as a Cypher to boast Saul ) and rather kill then be killed
: Thus he. By a Call here we do not mean an express or immediate Call from God, such as the Prophets might have to their extraordinary executions of Judgment, as Samuel & Elijah had to kill Agag and Baals Prophets: but either the allowance of man, then there is no question about it; Or if that cannot be had, as in the case circumstantiate it cannot, Then the Providential & Moral Call of extreme necessity, for preservation of our lives, and preventing the murder of our Brethren, may warrant an extraordinary executing of righteous Judgment upon the Murderers. Men may have a Call to a necessary duty, neither every way mediate nor immediate, as the Call of running together to quench a fire in a City, when Magistrates through wickedness or negligence will not or do not call people forth unto that work; they have not man's call, nor an immediate call from Heaven, yet they have a Lawful Call from God: So they do not intrud upon the Magistrates Office, nor want they a call to this execution of Judgment, who do materially that work for that exigent which Magistrates by Office were bound to do, being called thereto by God, by Nature, and the call of inevitable Necessity, which knoweth no h mane Law, and to which some Divine positive Laws will cede. Ius populi cap. 20. pag. 423.

12. Thô this be a principle of reason & natural Justice, when all the forementioned circumstances are clear, that it is Lawful for private persons to execute righteous Judgment, upon notorious Incendiaries and Murdering public Enemies, in cases of necessity: yet it might be a sinful breach of the Sixth Command, to draw extraordinary examples of it to an ordinary practice in killing all who might be found Criminal, and would deserve death by the Law, as all that have served under a banner of Tyrannie & violence, displayed against God & His people, to the ruin of the Reformation, wasting of the Country, oppression of many honest families, and destruction of many innocent people, are and would be found guilty of Murder; as the Chief Captain would have truly alleged Paul to have been a Murderer, if he had been the Egyptian which made an uproar, and led out four thousand men that were Murderers Act. 21. 38. As for the vulgar & ordinary sort of those Vermin of Varlets, it is of no advantage for oppressed people to foul their fingers upon them, when their slaughter would not put a stop to, but rather increase, the destruction of the people of God; and were unlawful to prevent & anticipate the due & Legal execution of Justice, where there is any prospect or expectation of its running in its right channel. But for the chief & principal Ring-leaders, and common public & habitual Incendiaries, and Masters of the rade of Murdering the Lord's people, when there is no other way of being rid of their rage, and preserving our selves and preventing the destruction of our Brethren, we may in that case of necessity make public examples of them, in an extraordinary Procedure against them, that may be most answerable to the Rules of the ordinary Procedure of Justice, and in imitation of the Heroic Actions recorded and justified in the Word of God, in the like extraordinary cases; which are imitable, when the matter of their Actions is ordinary, that is, neither preternatural nor Supernatural though the occasion was singular, just and necessary, both by Divine precept, and as a mean to good & necessary ends, and when there is no other to do the work, nor any prospect of access to Justice in its ordinary & orderly course, nor possibility of suspending it till that can be obtained. We need not then any other call than a Spirit of holy zeal for God, and for our own & our Brethren's preservation, in that pinch of extremity. We do not hold these extraordinary Actions for regular & ordinary Precedents, for all times & persons universally: which if people should fancy, and heed more the glory & fame of the Action, than the sound & solid Rule of the Scriptures, they may be tempted & carried to fearful extravagances. But they may be Warrants, for private persons in their doing of these things, in an extreme necessity, to which at other times they are not called. And when the Lord, with Whom is the residue of the Spirit, doth breath upon His people moe or fewer, to the exciting of more than ordinary zeal, for the execution of Justice upon such Adversaries, we should rather ascribe Glory & Praise to Him, Whose hand is not shortened, but many times chooseth the weak & foolish things of the world to confound the mighty & the wise, than condemn His Instruments for doing such things Naph. pag. 24, 25. Prior Edit.

All these cases, which are all I can think on at present, comprehending all that may any way infer the guilt of murder, I have collected; to the end I may conclude this one Argument, and leave it to be considered: If this extraordinary executing of Judgment, upon Notorious Incendiaries and Murdering public Enemies, by private persons, in the circumstances above declared, cannot be reduced to any case that can infer the guilt of murder; Then it cannot be condemned but justified: But this extraordinary executing of Judgment &c. cannot be reduced to any case that can infer the guilt of murder (as will appear by the induction of all of them) Ergo this extraordinary executing of Judgment &c. cannot be condemned but justified.

II. In the Next place, What we own may be done warrantably in taking away the life of men without breach of the Sixth Command, will appear by these propositions & Assertions, which will bring the matter to the present Circumstantiate Case.

1. It is certain, though the Command be indefinitely expressed, it doth not prohibit all killing, but only that which is condemned in other explicatorie Commands. Our Lord Jesus repeating this Command, explains it by expressing it thus, Math. 19. 18.— Thow shalt not Murder. And if any be Lawful, it is granted by all, that is, which is unavoidable by the invincible necessity of Providence, when a man following his duty doth that which beside & contrary his intention and without any previous neglect or oversight in him, proveth the hurt & death of another, in which case he was allowed to flee to the City of refuge by the Law of God. Whence if that Physical necessity did justify that kind of killing, shall not a Moral necessity every way invincibly unavoidable (except we suffer our selves and our Brethren to be destroyed by beasts of prey) vindicate this kind, in an extraordinary extremity, when the Murderers are protected under the sconce of pretended Authority? In which case the Law of God would allow deliberate Murderers should be pursued by the Avenger of blood, and not to have Liberty to flee to these subterfuges and pretexts of Authority (mere Tyranny) but to be taken from the horns of such altars, and be put to death, as Mr Mitchel says in vindicating his own Action, in a Letter dated Feb. 1674.

2. It is Lawful to take the life of known & convicted Murderers by public Justice: Yea it is indispensably necessary by the Law of God, and no mercy nor pardon of the Magistrate may interpose to spare them; for, Whoso killeth any person the Murderer shall be put to death by the mouth of Witnesses—ye shall take no satisfaction for the life of a Murderer but he shall surely be put to death, He was not to be admitted to the benefit of any refuge: And the reason is, blood defiles the Land, and the Land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it Numb. 35. 30, 31, 32, 33. Hence if it be so necessary to cleanse the Land, then when the Magistrate is not only negligent in his duty, but turns a Patron & Protector of such Murderers, and employs them as his Emissaries to murder & destroy, it cannot be expected he should cleanse the Land, for then he should free it of the burden of himself, and begin with himself: Therefore then there must be more incumbent upon private persons, touched with the zeal of God, than at another time. And as Mr Knox in his Conference with Queen Mary, says

They that in the fear of God execute Judgment where God hath commanded, offend not God though Kings do it not: and adduces the examples of Samuel killing Agag, Elias killing the Prophets of Baal, and of Phineas killing Zimri & Cozbi.

3. It is Lawful for private persons to kill, in Moderamine inculpatae tutulae, their unjust Assaulters, in defending themselves against their violence, and that both in Tutela vitae proxima, in the immediate defense of our life against an immediate assault, in the instant of the assault, and also in tutela remotâ in a remote defense of ourselves, when that is as necessary as the first, and there is no other way of escaping the destruction intented by Murderers, either by flight or resistence; then it is Lawful to preserve ourselves by taking advantages to cut them off.

4. It is Lawful in a just war to kill the enemy; yea in the defensive war of private subjects, or a part of the Commonwealth, against their oppressing Tyrants, as is proven Head. 5. Where several of the Arguments used to evince that Truth will confirm this: as namely those Arguments taken from the people's power in Reformation, and those taken from the hazard of partaking of others sin & Judgment. For if all the Magistrates, Supreme & subordinate, turn principal patrons and patterns of all abominations, and persecutors and destroys of the people for not complying with them, then the people are not only under an obligation to resist them; but seeing otherwise they would by liable to their sin, in suffering them thus to trample on Religion and the Interests of God as well as their own, in order to turn away the wrath of God, it is incumbent upon them to vindicate Religion, and Reform the Land from these Corruptions, in an endeavor to bring those Malignant Enemies of God and Destroyers of the people to condign punishment, that the heads of the people being hanged up before the Lord against the sun, the fierce anger of the Lord may be turned away from the Land Numb. 25. 4. In this case, as Buchannan says of a Tyrant, de jure regni,

A Lawful war being once undertaken with such an enemy as a Tyrant is, everyone out of the whole multitude of mankind may assault with all the calamities of war a Tyrant, who is a public Enemy, with whom all good men have a perpetual warfare.
And though the war e not always actually prosecute in a hostile manner, yet as long as peace is not concluded and the war ceased, they that have the just side of the quarrel may take advantages in removing & taking off (not every single soldier of the Contrary side, for that would contribute nothing to their prevailing in the end) but the principal Instruments & promoters of the war, by whose fall the offending side would suffer great loss, and the defending would be great Gainers. So Jael killing Sisera Iabins Captain-General, is greatly commended. Now this was the Case of the Sufferers upon this head, as Mr Mitchel one of them represents it, in his fore-cited letter
I being (says he) a Soldier, not having laid down my arms, but still upon my own defense, having no other end nor quarrel at any man—besides the prosecution of the ends of the Covenant, Particularly the overthrow of Prelates & Prelacy; And I being a declared enemy to him (that is Sharp ) on that account, and he to me in like manner, I never found myself obliged—to set a sentinel at his door for his safety, but as he was always to take his advantage, as it appeareth, so I of him to take any opportunity offered; Moreover we being in no terms of Capitulation, but on the contrary, I by his instigation being excluded from all grace & favor, thought it my duty to pursue him at all occasions.

5. It is Lawful to kill enemies in the rescue of our Brethren, when they are keeping them in bondage, and reserving them for a sacrifice to the fury of Tyrants, or leading them forth to the slaughter, or in the time of acting their Murdering violence upon them, Then, to break Prisons, beat up Garrisons, surprise the Murderers, and kill them in the rescue of our innocent Brethren, is very Lawful, according to that Command Prov. 24. 11, 12. and the practice of Moses, who seeing one of his Brethren suffering wrong, he defended him, and avenged him that was oppressed, and slew the Egyptian Act. 7. 24. For that is a certain Truth, which Grotius saith in locum, jus naturae dat innocenti & innocentem tutanti jus in nocentem. Hence it cannot but be Lawful also, in a case of necessity, when both ourselves and our Brethren are pursued incessantly by destroying Murderers, to avenge ourselves on them, and slay them, when there is no other way to be rid of their violence.

6. It is Lawful to prevent the Murder of ourselves or our Brethren, when no other way is left, by killing the Murderers before they accomplish their wicked design, if they be habitually prosecuting it, and have many times accomplished it before. This followeth upon the other: And upon this account it had been duty for Gedaliab to have suffered I banan to slay Ishmael, and so prevent the Governors murder, if it had been certainly known that Ishmael was sent by the King of Ammon to assassinate him Ier. 40. 14, 15. for nothing is there objected against the Lawfulness of the thing, but only it was alleged that he spoke falsely. Alstedius asserts this Theol. Cas. de h micidio reg. 6. pag. 331. Licitum est praevenire eum qui vult invadere, & praeveniendo occidere antequam invadat, si necessarium est praevenire, quia aliter vita propria defendi non potest nisi preveniendo. It is Lawful to prevent him that would assault us, and by preventing to kill him before his invasion, if it be so necessary, to prevent him, that our life cannot be otherwise defended but by preventing. And hence he justifies that saying, licitum est occidere insidiantem, It is Lawful to kill him that lieth in wait to murder, ibid. This is all the length that the reproached Sufferers, whom I am vindicating, go in asserting this principle, as may be seen in their Informatory Vindication Head 2. pag. 55. where they say,

We maintain it as both righteous & rational, in defense of our lives, Liberties, & Religion, after an orderly & Christian manner, to endeavor by all means Lawful & possible, to defend ourselves, rescue our Brethren, and prevent their murder, in a martial opposition against wicked Persecutors, who are seeking to destroy them & us, and imbrue their hands in our blood, according to the true import of the Apologetical Declaration.
Which is very rational. Especially considering.

7. These Murderers, who are thus to be prevented, are such whom the Law of God commands to be put to death, and nowhere allows to be spared being public Enemies to God and good men, Open Blasphemers, avowed Idolaters, affronted Adulterers, Notorious Murderers, habitual Tyrants, suppressing Religion, oppressing the Innocent, and professing a trade of destroying the Lord's people. Surely if God hath expressly in His Laws provided, that Blasphemers, Idolaters, Murderers &c. should not be suffered to live, He never intended men daily guilty, yea making profession of these Crimes, should be allowed impunity, either by virtue of their Office, or because there is none in Office to execute Judgment upon them; but in a case of extreme necessity these Laws will not only allow but oblige people, daily Murthered by them, for their own preservation, for vindication of Religion, for purging the Land of such wickedness, for turning away the wrath of God, to prevent their prosecuting their Murdering designs any further, and put a stop to their persecution by puting an end to their wicked lives. Seeing, as


Buchannan says de jure Regni, It is expressly commanded to cut off wickedness & wicked men, without any exception of rank or degree, and yet in no place of Sacred Scripture are Tyrants more spared than private persons.
Much less their bloody Emissaries.

Now seeing all these Cases of Killing I have collected, are justifyable in Scripture, and none of the Sufferers upon this Head whom I am vindicating, have exceeded in principle or practice the amount of these Assertions, What is said already may have some weight to demur a censorious condemnation of them. But as the True Non-Conformist well observes, in answer to Dial. 7. pag. 391. Seeing the consideration resulting from the Concurrence of all circumstances, whereupon the right dignoscing of such deeds when actually existent doth mostly depend, doth more contribute to the clearing & passing a judgment on a case of this nature, when the whole contexture is exposed to certain examination, than to set down general rules directive of such practices (which yet will all justify this in question) Therefore to clear the case further, all may be resolved into this State of the Question.

Whether or not private persons, incessantly pursued unto death, and threatened with ineluctable destruction by Tyrants and their Emissaries, May, to save themselves from their violence in case of extreme Necessity, put forth their hand to execute righteous Judgment upon the Chief & principal Ringleaders, Instruments, & Promoters of all these destructive Mischiefs & Miseries, Who are open & avowed Enemies to God, Apostates, Blasphemers, Idolaters, Tyrants, Traitors, Notorious Incendiaries, Atrocious Murderers, and known and convict to be public Enemies, prosecuting their Murdering Designs notourly & habitually, and therefore guilty of death by all Laws of God & man; And in such an extraordinary case, put them to death who have de jure forefeited their lives to Justice, when there is no access to public Justice, nor prospect of obtaining it in an orderly way, nor any probability of escaping their intended destruction, either by flight or resistence, if they be past longer unpunished; And so deliver themselves from their Murdering Tyranny, while they are under no acknowledged subjection to them, nor at peace with them, but maintaining a defensive resistence against them; And in this extraordinary execution of Justice, being not chargable with ignorance of matters of fact so manifest, nor mistake of circumstances so palpable, nor with malice rage or revenge against their persons for private & particular injuries
, nor with Enthusiastic Impulses pretended as their Rule, nor with deceit or Treacherie in the manner, nor with any breach of relation or obligation, nor Usurpation upon or prejudice to any Lawful Right whatsoever in the matter, nor with any selfish or sinistrous ends in the design; But forced to perform this Work of Judgment, when there is none other to do it, out of zeal for the Glory of God, Care of the Countries good, love to their Brethren, sense of their own Danger, & Respect to Justice; to the end, that by the removal of these wicked Destroyers, their war against the prevailing faction of their Malignant Enemies may be more successfully maintained, their Religion, Lives, Laws, & Liberties more securely defended, their Brethren rescued, their Murder prevented, Impiety suppressed, the Land cleansed from blood, and the wrath of God averted; That this is the true State of the Question, the preceeding Assertions all comprehended here do make it evident. To which I answer in the Affirmative. And shall come to give my Reasons.

Secondly, Then I shall offer some Reasons for this, first from some grounds & Hypotheses of Reason: Then more expressly from Scripture proofs.

I. There may be some Arguments offered from the Dictates of natural reason. Which I shall but only glance at.

1. I premit the Consideration of the Practice of all Nations, even such from whom Patterns have been taken for Government, and who have had the most polite & purest Policy, and have been the severest Animadverters upon all Extravagants & Transgressers of their vocation: Yet even among them, for private persons to destroy and rid the Common-wealth of such burdens, and vile vermin so pernicious to it, was thought a virtue meriting rather Commendation, than a thing to be Condemned. I shall not here instance the laudable practices recorded in Scripture: These may be seen in their own place. Neither do I speak of ruder Nations, among whom this is a rel ct of reason, not of ruderness: as the Oriental Indians have a Custom, whenever any person runs a muck, that is, in a revengeful fury takes such a quantity of Opium, as distracts them into such a rage of mad animosity, that they fear not to assault (which is the common operation of that potion there) and go through destroying whom they can find in their way: Then every man Arms against him: and is ambitious of the honor of first killing him: which is very rational, for otherwise no man could be safe; and it seems to be as rational, to take the same Course with our mad Malignant mucks, who are drunk with hellish fury, and are running in a rage to destroy the people of God whom they can meet with. But all the Nations where the best Policy was established, have been of this mind. In Greece public rewards were enacted to be given, and honors appointed by several Cities, to those that should kill Tyrants, from the mightiest of them to the meanest; with whom they thought there was no bond of humanity to be kept. Hence Thebe is usually commended for killing her husband, Timoleon for killing his Brother, because they were pernicious & destructive to the Common-wealth: which, though it seem not justifyable, because of the breach of relation of natural subjection, yet it shows what sentiments the most politick Nations have had of this practice. As also among the Romans, Cassius is commended for killing his son, and Fulvius for killing his own son going to Catiline, and Brutus for killing his kinsmen having understood they had conspired to introduce Tyranny again. Servilius Ahalas is commended for killing even in the Court Sp. Melius, turning his back and refusing to compear in judgment, and for this was never judged guilty of bloodshed, but thought nobilitate by the slaughter of a Tyrant, and all posterity did affirm the same. Cicero, speaking of the slaughter of Caesar, stiles it a famous & divine fact, & positum ad imitandum. Sulpitius Asper, being asked, why he had combined with others against Nero, and thought to have killed him? made this bold reply, that he knew not any other way to put a stop to his villainies, and redeem the world from the infection of his example, and the evils which it groaned under by reason of his crimes. On the contrary, Domitius Corbulo is reprehended by all, for neglecting the safety of mankind, in not puting an end to Nero's Cruelty, when he might very easily have done it: And not only was he by the Romans reprehended but by Tyridates the Persian King, being not at all afraid lest it should afterward befall an example unto himself. When the Ministers of Cajus Caligula, a most cruel Tyrant, were with the like cruelty tumultuating for the slaughter of their Master, requiring them that killed him to be punished, Valerius Asiaticus the Senator cried out aloud, I wish I had killed him, and thereby both composed their clamour & stopped their rage.

For there is so great force in an honest deed (saith Buchannan de jure Regni, relating this passage) that the very lightest show thereof, being presented to the minds of men, the most furious assaults are allied, and fury will languish, and madness itself mu t acknowledge the sovereignty of reason.
The Senate of Rome did often approve the fact, though done without their order oftentimes by private hands: As upon the slaughter of Commodus, instead of revenging it, they decreed that his Carcass should be exposed and torn in pieces. Sometimes they ordered before hand to have it done; As when they condemned Didimus Julianus, they sent a Tribune to slay him in the Palace: Nay they have gone so far, as in some cases to appoint reward for such as should kill those Tyrants that trampled upon their Laws, and murdered virtuous & innocent people; As that sentence of the Senate against the two Maximim doth witness, qui cos occiderit proe ium merebitur. Buchannan ubi supra, rehearsing many instances of this nature, gives reasons of their approvableness. And these I find here and there scattered, in his book de jure Regni. 1. They that make a prey of the Common-wealth, are not joined to us by any civil bond or tie of humanity, but should be accounted the most Capital enemies of God and of all men. 2. They are not to be counted as within human society, but transgressors of the limits thereof; Which who so will not enter into, and contain himself within, should be taken & treated as wolve , or other kinds of noisome beasts, which whosoever spares he preserves them to his own destruction, and of others, and whosoever killeth doth not only good to himself, but to all others, and therefore doth merit rather reward than to be condemned for it. For if any man, divested of humanity, should degenerate into such Crueltie, as he would not meet with other men but for their destruction) as the Monsters I am speaking of could meet with none of the party here treated on, but to this effect) he is not to be called a man, no more than Satires, Apes, or Bears. 3. It is expressly Commanded to cut off, wickedness & wicked men, without any exception of rank or degree: And if Kings would abandon the Counsels of wicked men, and measure their greatness rather by duties of virtue, than by the impunity of evil deeds; they would not be grived for the punishment of Tyrants, nor think that Royal Majesty is lessened by their destruction, but rather be glad that it is purged from such a stain of wickedness. 4. What is here to be reprehended? is it the cause of their punishment? that is palpable: Is it the Law which adjudges them to punishment? All Laws were desired as necessary for repressing Tyrants; whosoever doth condemn this must likewise condemn all the Laws of Nations: Is it the person executing the Laws? where will any other be found to do it, in such circumstances. 5. A Lawful war being once undertaken with an enemy for a just cause, it is Lawful not only for the whole people to kill that enemy, But for everyone of them: everyone therefore may kill a Tyrant, who is a public enemy, with whom all good men have a perpetual war-fare. Meaning, if he be habitually Tyrannical, and destructive to the people, so that there is no living for good people for him: Otherwise, though a man by force or fraud acquire Sovereignty, no such violence is to be done to him, providing he use a moderate way in his Government, such as Vespasian among the Romans; Hiero in Syracuse. 6. Treason cannot be committed against one who destroys all Laws and Liberties of the people, and is a pernicious plague to the Common-wealth.

2. Such is the force of this Truth in the case circumstantiate; that it extorts the acknowledgment of the Greatest Authors, Ancient & Modern, Domestic & Forreign, and even of all rational Royalists, (as Mr Mitchel says in his Post-script to the forecited letter) that

it is Lawful for any private person to kill a Tyrant sine titulo and to kill Tories or open Murderers as devouring beasts, because the good of his Action doth not only redound to the person himself, but to the whole Common-wealth, and the person acting incurs the danger himself alone.
Tertulltan, though a man loyal to excess, says, Every man is a soldier enrolled to bear Arms against all Traitors & public Enemies. The Ancient Ecclesiastical Historian, Sozomene, relating the death of Julian, and intimating that he was supposed to have been slain by a Christian soldier, adds, Let none be so rash as to condemn the person that did it, considering he was us courageous in behalf of God & Religion. Sozom. Hist. Lib. 6. cap. 2. Barcla us, a great Royalist, saith, Tyrannos ut hosts publ s, non solum ab universo populo, sed a singulis etiam, impeti caedique jure optimo posse, tota Antiquitas ceasuit. That Tyrants as public Enemies may be attacqued, and Lawfully slain, not only by all the people but everyone of them, all Antiquity judged. Grotiue de jure be i Lib. 1. cap. 4. saith, 〈◊〉 & cui juris gentium requisita non adsint, imperium arripuerit, •• que pactio u a sequuta sit, aut fides illi data, sed sola vi re ••• tur possessio, videtur manere bellis jus; ac proinde 〈◊〉 eum 〈◊〉 quod in hostem licet, qui a quolibet, etiam pri ato jure, po est interfici. Yea King James the 6. in his R m •• strancs for the right of Kings, says, The public Laws makes it Lawful and free for any private person to enterprize against an Usurper. Divines say the same. Chamier Tom. 2. Lib. 15. cap. 12. Sect. 19. Cives omnes jus habent insurgendi contra Tyrannos. Aisted. Theolog. Gas. cap. 17. reg. 9. pag. 321. Tyrannum absque Titulo, qui est invasor, quilibet pr. vatus potest & debet medio tollere, quia patriam hostiliter invadit. And cap. 18. reg. 14. pag. 332. Licitum est privato cuivis occidere Tyrannum, qui unjust invadit Dominium. But Dr Ames. de Cons tentia Lib. 5. cap. 31. de homicidio quest. 4. asserts all that is here pleaded for in terminis Quest. 4. An aliquando licet occidere hominem Authoritate privata? Resp. Aliquando licet occidere nulla publica Cognitione precedente, sed tum solum, quando causa evidenter postulat ut hoc siat, & Authoritas publica non potest implorari: In isthoc enim casu, privatus publice Minister constituitur, tam n •• tu Dei, quam omnium hominum consensu. He propones the question: If sometimes it be Lawful to kill a man by private Authority? He answers,
It is sometimes Lawful to kill another without public Cognition, proceeding, but then only when the cause doth evidently require it that it be done, and public Authority cannot be implored; for in that case any private man is constitute instead of a public Minister of Justice, both by God's allowance, and by the consent of all men.
These propositions carry such evidence in them, that the Authors thought it superfluous to confirm them, and sufficient to affirm them. And from any reason that can be adduced to prove any of these Assertions, it will be as evident that this Truth I plead for is thereby confirmed, as that itself is thereby strengthened. For it will follow natively, if Tyrants and Tyrants sine titulo, be to be thus dealt with; then the Monsters of whom the question is, those Notorious Incendiaries and Murdering public Enemies, are also to be so served: For either these Authors assert the Lawfulness of so treating Tyrants sine titulo, because they are Tyrants, or because they want a title: If the first be said; Then all Tyrants are to be so served; and reason would say, and Royalists will subscribe, if Tyrants that call themselves Kings may be so animadverted upon, because of their perniciousness to the Common-wealth by their Usurped Authority, then the subordinate firebrands that are though immediate instruments of that destruction, the inferior emissaries that act it and actually accomplish it in Murdering innocent people, may be so treated; for their persons are not more sacred than the other, nor more impunible: If the second be said, it is Lawful to kill them because they want a title; Then it is either because they want a pretended title, or because they want a real & Lawful one: The Latter is as good as none, and it is proved Head. 2. Arg. 7. that no Tyrants can have any: The former cannot be said, for all Tyrants will pretend some, at least before they be killed.

3. But though some of these Great Authors neither give their reasons for what they assert, nor do they extend it to all Tyrants that Tyrannise by virtue of their pretended Authority, yet it will not be difficult to prove, that all great & small that murder, destroy, and Tyrannise over poor people, are to be punished, though they pretend Authority for what they do. And hence, If all Tyrants, Murderers, & Destroyers of mankind ought to be punished; then when it cannot be done by public Authority, it may be done by private: But all Tyrants, Murderers, & Destroyers of mankind, ought to be punished: Ergo — The Minor is manifest from the General Commands of shedding the blood of every man that sheds it Gen. 9. 6. of puting to death whosoever killeth any person Numb. 35. 30, 31. of respecting no man's person in Judgment Deut. 1. 17. and universally all penal Laws are general without exception of any, for under that reduplication of criminal transgressing those Laws, under that general Sanction, they are to be judged; which admits of no partial respect: for if the greatest of men be Murderers, they are not to be considered as great, but as Murderers; just as the meanest are not to be considered as mean or poor, but as Murderers. But I need not insist on this, being sufficiently proved Head. 2. Arg. 9. And through out that Head, proving that Tyrants can have no Authority. And, if they have no Authority, then Authority (which they have not) cannot exempt them from punishment. The Connection of the Major Proposition may be thus urged: When this Judgment cannot be executed by public Authority, either it must be done by private Authority in case of extreme necessity, or not at all: for there is no Medium but either to do it by public Authority, or private: If not at all, Then the Land must remain still defiled with blood, and cannot be cleansed Numb. 35. 33. Then the fierce anger of the Lord cannot be averted Numb. 25. 4. for without this executing of Judgment, He will not turn it away Ier. 5. 1. Then must Murderers be encouraged by their impunity to make havoc of all according to their Lust, besides that poor Handful who cannot eschape being their prey, as their Case is circumstantiate. Besides, this is point blank contrary to these General Commands, which say peremptorely, The Murderer shall be put to death, but this supposed Case when public Authority will not or cannot put them to death, says, they shall not be put to death. In this Case then I demand, whether their impunity is necessary, because they must not be put to death? or because they cannot be put to death? To say the Latter, were an untruth: for private persons can do it, when they get access, which is possible: If the former, then it is clearly contradictory to the Commands, which say, they must be put to death, excepting no Case, but when they cannot be put to death. If it be said, they must not be put to death, because the Law obliges only public Authority to execute Judgment. To this I reply. 1. I trust to make the Contrary appear from Scripture and by. 2. If the Law obliges none but those in public Authority to execute Judgment, then when there is no Judgment execute, it must be the sin of non but those in public Authority: And if it be only their sin, now comes others to be threatened & punished for this, that Judgment is not executed? if they must only stand by and be spectators of their omissions unconcerned, What shall they do to evite this wrath? Shall they exhort them? or witness against them, But that more than all this is required is proved before several times, where this Argument of people's being punished for the sin of their Rulers hath been touched. 3. Then when there is no Authority, it must be no sin at all that Judgment is not executed, because it is the sin of none: it cannot be sin, except it be the sin of some. 4. What if those in public Authority be the Murderers? who shall put them do death? By what Authority shall Judgment be execute upon them? Whither public or private? public it cannot be: for there is no formal public Authority above the Supreame, who are supposed the party to be punished: If it be by the radical Authority of the people, which is the thing we plead for, then it is but private, as that of one party against another: The people are the party grieved, and so cannot be Judges: At best then this will be extrajudicial executing of Judgment. And if the people may do it upon the Greatest of Tyrants, then a part of them who are in greatest hazard may save themselves from those of Lesser Note, by puting them to death: for if all the people have right to punish Universal Tyrants, because they are destroyers of all; then a part hath right to punish particular Tyrants, because they are destroyers of them, when they cannot have access to public Authority, nor the concurrence of the whole body.

4. Let these Murderers & Incendiaries be considered, either as a part of the Community with them whom they murder & destroy, or not: If they be a part, and do belong to the same Community (which is not granted in this case, yet let it be given) Then when the safety of the whole or better part, cannot consist with the sparing or preserving of a single man, especially such an one as prejudges all and destroys that better part; he is rather to be cut off, than the whole or the better part be endangered: for the cutting off of a Contagious Member that destroys the rest of the body, is well warranted by Nature, because the safety of the whole is to be preferred to the safety of a part, especially a destructive part: But now who shall cut it off? since it must be cut off, otherwise a greater part of the body will be presently consumed, and the whole endangered. It is sure the Physicians duty: but what if he will not? or cannot? or there be no Physician? then any that can may & must: yea one member may in that case cut off another. So when either the Magistrate will not, or dare not, or does not, or there is none to do this necessary work of Justice, for the preservation of the Community; any member of it may rather prevent the destruction of the whole, or a greater part, by destroying the Murdering & destructive Member, than suffer himself & others to be unavoidably destroyed by his being spared. If they be not within, or belonging to that Society, then they may be dealt with & carried towards as public Enemies & Strangers, and all advantages may be taken of them in cases of necessity, as men would do if invaded by Turks or Tartars.

5. Let it be considered, what men might have done in such a case before Government was erected, if there had been some public & notour Murderers still preying upon some sort of men. Certainly then private persons (as all are in that case) might kill them to prevent further destruction. Hence if this was Lawful before Government was established, it cannot be unlawful when people cannot have the benefit of the Government; when the Government that is, instead of giving redress to the grieved & oppressed, does allow & impower them to destroy them: otherwise people might be better without Government than with it, for then they might prevent their Murderers by cutting them off. But so it is that this was Lawful before Government was established. For let it be adverted, that the Scripture seems to insinuate such a Case before the flood. Cain, after he Murdered his brother, feared that every man that found him should slay him Gen. 4. 14. If he had reason to fear this, as certainly he had, if the Lord had not removed that by proroguing the execution of vengeance upon him, for his greater punishment and the worlds more Lasting instruction, and by setting a mark upon him, and inhibiting under a severe threatening any to touch him; Then either every man that should have killed him was the Magistrate (which were ridiculous) or every man was every & any private person universally, which might have killed him if this inhibition had not past upon it. Anisworth upon the place says, that among the ancient Romans everyone might kill without a challenge, any man that was Cursed for some public Crime, and cites Dyonis. Halicarnas. L. 2. And so Cain spoke this from a dictate of Nature and a guilty Conscience.

6. At the Erection of Government, though the people resign the formal power of life & death and punishing Criminals over to the Governor, Constitute by them; yet as they retain the radical power & right virtually, So when either the Magistrates neglects their duty of vindicating the innocent and punishing their destroyers, or impowers Murderers to prey upon them; In that case they may resume the exercise of it to destroy their destroyers, when there is no other way of preventing or escaping their destructions: because extremis morbis extrema remedia. In an extraordinary exigent, when Ahab & Jezebel did undo the Church of God, Elias with the people's help killed all Baals Priests against and without the Kings will, in this case its evident the people resumed their power, as Lex Rex saith Quest. 9, Pag. 63. There must be a Court of Necessity, no less than a Court of Justice, when it is in this extremity as if they had no Ruler, as that same Learned Author saith Quest. 24. Pag. 213. If then the people may resume that power in cases of necessity which they resigned to the Magistrate; then a part may resume it, when a part only is in that necessity, and all may claim an interest in the Resumption, that had an interest in the Resignation.

7. Especially upon the dissolution of a Government, when people are under a necessity to revolt from it, and so are reduced to their primeve Liberty, they may then resume all that power they had before the resignation, and exert it in extraordinary exigence of necessity. If then a people that have no Magistrates at all may take order with their destroyers, then must they have the same power under a Lawful revolt. As the ten tribes, if they had not exceeded in severity against Adoram R h boams Collector, had just cause to take order with that Usurpers Emissarie, if he came to oppress them: But if he had come to Murder them, then certainly it was duty to put him to death, and could not be censured at all, as it is not, in the History 1 King. 12. 18. But so it is that the people pursued by these Murderers, some of which in their extreme exigencies they put to death; have for these several years maintained a declared Revolt from the present Government, and have denied all subjection to it upon the grounds vindicated Head. 2. And therefore they must be considered as reduced to their primeve Liberty, and their pursuers as their public Enemies, to whom they are no otherwise related than if they were Turks, whom none will deny it Lawful to kill, if they invade the Land to destroy the inhabitants.

8. Hence, seeing they are no other than public Enemies, unjustly invading, pursuing, and seeking them to destroy them; what Arguments will prove the Lawfulness of Resistance, and the necessity of self Defense, in tutelâ vitae proximà, will also prove the Lawfulness of taking all advantages upon them, in tutelâ remotà▪ for if it be Lawful to kill an enemy in his immediate assault, to prevent his killing of them when there is no other way of preserving themselves from his fury; Then it must be Lawful also, in his remote but still incessant pursuit, to prevent his Murdering them by killing him, when the e is no other way to escape in a case of extreme necessity. But that this was the Case of that poor people, Witnesses can best prove it; And I dare appeal to two sorts of them that know it best, that is, all the pursuers, and all the pursued.

9. This is founded, and follows upon the 4 Art. of the Solemn League & Covenant: Where we are bound with all faithfulness to endeavor, the discovery of all such as have been or shall be Incendiaries, Malignants, or evil Instruments—that they may be brought to public trial & receive condign punishment. Now as this obliges to the orderly & ordinary way of prosecuting them, when there is access to public Judicatories: so when there is none, Either this Article obliges to no endeavor at all (which cannot be, for it is Moral duty to endeavor the punishment of such) or else it must oblige to this extraordinary Action & execution of Judgment, if to any at all. Especially considering, how in the sense of the short comings of this duty, it is renewed in the Solemn Acknowledgment of sins & Engagement to duties That we shall be so far from conniving at Malignity, injustice, &c. that we shall—take a more effectual Course, than heretofore, in our respective Places & Callings, for punishing & suppressing these evils —Certainly we were called to one way of prosecuting this obligation then, when it was first engaged into, and to another now, when our Capacity & Circumstances are so materially & formally altered: if the effectual Course then, was by public Authority; then now when that is wanting, there must be some obligation to take some effectual Course still, that may suit our Places & Callings, which will certainly comprehend this extraordinary way of suppressing those-evils, by preventing their growth in curbing the Instruments & executing Judgment upon them, in a case of extreme Necessity, which will suit with all Places & all Callings.

II. From the Scriptures, these Arguments are offered. First, Some approven Examples, and imitable in the like Circumstances, will clear & confirm the Lawfulness of this extraordinary Work of Judgment executed by private persons, upon notorious Incendiaries, firebrands, & Murderers, guilty of death by the Law of God.

1. Moses spied an Egyptian smiting an Hebrew one of his Brethren, and he looked this way and that way, and when he saw that there was no man, he slew the Egyptian and hid him in the sand. Exod. 2. 11, 12. Here's an uncondemned Example: whereof the Actor who was the Relator did not condemn himself, though he condems himself for faults that seem less odious; yea in effect he is rather commended by Stephen the Martyr Act. 7. And though it be extraordinary, in that it was done by private Authority, not by a Judge, as it was objected to him the second day: yet it was not unimitable; Because that Action, though Heroical, whereof the ground was ordinary, the Rule Moral, the Circumstances commonly incident, the management directed by human prudence, cannot be unimitable: But such was this Action, though Heroical. The ground was ordinary, spying his Brother in hazard, whose Murder he would have prevented. The Rule was Moral, being according to that Moral precept of rescuing our Brother in hazard Prov. 24. 11, 12. The Circumstances were incident in a case of extreme necessity, which he managed very prudently, looking this way & that way, and hiding him in the sand. Therefore it may be imitated in the like Case. It signifies nothing to say that he was moved by the Spirit of God thereto: for unto every righteous performance, the motion of the Spirit of God is requisite. This Impulse that Moses had and others aftermentioned, was nothing but a greater measure of that assisting Grace, which the extraordinariness of the case and the difficulties therein occurring did call for; but the intervening of such motions, do not alter the Rule, so as to make the action unimitable. Impulses are not the Rule of duty, either under an ordinary or extraordinary exigence; but when they are subsequent & subservient both to the Rule of duty▪ and to a man's call in his present circumstances, they clearly determine to the species of an Heroic Enterprise; in so much that it is not only the particular deed that we are to heed for our imitation, but we are to emulate the Grace & Principle of zeal which produced it, and is thereby so conspicuously relucent for our upstirring to acts in like manner, as God may give opportunity As is observed by the True Non-conformist Dial. 7. Pag. 392. &c.

2. When Israel Joyned himself unto Baal-Peor, the Lord said unto Moses, take all the heads of the people, and hang them up before the Lord against the Sun, that the fierce Anger of the Lord may be turned away from Israel. And Moses said unto the Judges, slay everyone his men that were joined unto Baal-Peor. And when Zimri brought the Medianitish Cozbi, in the sight of Moses, and in the sight of all the Congregat on, who were weeping before the door of the Tabernacle; And when Phinehas. saw it, he rose up—and took a javelin in his hand, and he went after the man of Israel, into the Tent, and thrust both of them through—So the Plague was stayed —And the Lord spake unto Moses, saying, Phinehas hath turned my wrath away from the Children of Israel, while he was zealous for my sake among them—I give unto him my Covenant of Peace—because he was zealous for his God, and made an atonement for the Children of Israel Numb. 25. 3—13. This Action is here much commended, and recorded to his commendation Psal. 106. 30, 31. Then stood up Phinehas & executed Judgment and so the Plague was stayed and that was counted unto him for righteousness unto all generations that is— in justitiam facti coram hominibus, qui alios potuissent hoc factum pessime interpretari, tanquam temerarium, intempesti um, a privato contra Magistratum patratum, crudele nimis ab negatum poenitentiae spatium, Deus tamen aestimavit tanquam insigniter justum. Pool Synops. Critic. in Locum. It is certain, this Action was some way extraordinary; because Phinehas was not a Magistrate, nor one of the Judges whom Moses commanded to slay everyone his men verse 5. Otherwise, if this had been only an ordinary execution of Judgment by the Authority of Moses, Phinehas his Action would not have been so much taken notice of, nor so signally rewarded; but here it is noted as a singular act of zeal, which it could not have been, if it was only an ordinary execution of the Magistrates command: yet though this action was signally Heroical, proceeding from a Principle of pure zeal for God, and prompted by a powerful motion of the Spirit of God to that extraordinary execution of Judgment: It is notwithstanding imitable in the like Circumstances. For, the matter is ordinary, being neither preternatural nor supernatural, but just & necessary. The end was ordinary, to turn away the wrath of God, which all were obliged to endeavor. The principle was ordinary, (though at the time he had an extraordinary measure of it) being zealous for the Lord, as all were obliged to be. The rule was ordinary, to wit, the Command of slaying every man that was joined to Baal-Peor verse. 5. only this was extraordinary, that the zeal of God called him to this Heroical Action, though he was not a magistrate, in this extraordinary exigent, to avert the wrath of God; which was neither by Moses his command, no by the Judges their obedience, turned away, only by Phinehas's act of another nature, and his zeal appearing therein & prompting him thereto, the Lord was appease & the plague stayed. In which fervor of zeal, transporting him to the omission off the ordinary solemnities of Judgment, the Spirit of the Lord places the righteousness & praise of the Action. Yet the same Call & Motion of zeal might have impowered others to do the like: the Text speaks of no other Call he had, but that of zeal verse. 11, 12, 13. ye another was obliged to do the same, upon the ground of that Moral Command Deut. 13. 6—9. having the ground of God's ordinary Judgment, which commandeth the Idolater to die the death, and therefore to be imitate of all that prefer the true honor & Glory of God to the affection of flesh & wicked Princes, as Mr Knox affirmeth in his conference with Lithingtoun, rehearsed before Per. 3. Further, let it be inquired, what makes it unimitable? Certainly it was not so, because he had the motion & direction of God's Spirit; for men have that to all duties. It was not, because he was raised & stired up of God to do it, for God may raise up Spirits to imitable actions. It was not, because he had an extraordinary Call, for men have an extraordinary Call to imitable actions, as the Apostles had to Preach. We grant these Actions are extraordinary & unimitable; which, first, do deviate from the rule of come; mon virtue, and transcend all rules of common reason & Divine Word; but this was not such, but an heroic Act of zeal & fortitude: Next these Actions, which are contrary to a Moral ordinary Command are unimitable, as the Israelites robbing the Egyptians, borrowing & not paying again, Abraham's offering his son Isaac; but this was not such: Next those Actions, which are done upon some special Mandate of God, and are not within the compass of ordinary obedience to the ordinary rule; are unimitable; but this is not such: As also Miraculous Actions, and such as are done by the extraordinary inspiration of the Spirit of God, as Elias his killing the Captains with their fifties by fire from Heaven; but none can reckon this among these. See Ius populi at length discussing this point, and pleading for the imitableness of this Action cap. 20. If therefore the Lord did not only raise up this Phinehas to that particular act of Justice, but also warrant & accept him therein & reward him therefore, upon the account of his zeal, when there was a Godly & zealous Magistrate, able, and whom we cannot without breach of charity presume, but also willing to execute Justice, how much more may it be pleaded, that the Lord, who is the same yesterday, today & forever, will not only pour out of that same Spirit upon others, but also when He gives it, both allow them, though they be but private persons, & also call them, being otherwise in a Physical & Probable Capacity, to do these things in an extremely necessi ous and otherwise irrecoverable state of the Church, to which in a more entire condition He doth not call them? And particularly, when there is not only the like or worse provocations, the like necessity of execution of Justice & of Reformation, for the turning away of wrath & removing of Judgments, that was in Phinehas's case; but also, when the Supreme Civil Magistrate, the Primores regni & other inferior Rulers, are not only unwilling to do their duty, but so far corrupted & perverted, that they are become the Authors & Patronizers of these abominations Naph. Prior Edit. Pag. 23.

3. When the Children of Israel served Eglon the King of Moab, and they cried unto the Lord, He raised them up a Deliverer, Ehud the son of Gera, who made a dagger, & brought a present unto Eglon, and put forth his left hand, and took the dagger from his right thigh, and thrust it into his belly Judge. 3. 21. That this Action was approven will not be doubted, since the Lord raised him up as a Deliverer, who by this Heroical Action commented it, and since it was a Message from God. And that it was extraordinary were ridiculous to deny, for sure this was not the judicial Action of a Magistrate: Neither was Ehud a Magistrate at this time, but only the Messenger of the people sent with a present. Yet it is imitable in the like case, as from hence many grave Authors concluded the Lawfulness of killing a Tyrant without a Title.

4. When the Lord discomfi ed the host of Jabin, and Sisera his Captain fled into the house of Heber the Kenite, Jael Hebers wife took a nail of the tent, and went softly nto him, and smote the nail into his temples Judge. 4. 21. Of which the Prophetess Deborah says, chap. 5. 24. blessed above women shall Jael the wife of Heber the Kenite be, blessed shall she be above women in the tent. Yet not only was Jael no Magistrate, but in subjection to & at peace with Jabin, though she killed his Captain. But, nulla hic erat in ustitia, cum declaratus esset hostis publicu , justum erat Bellum, Oppressor erat Populi Dei; debebat Jael, quasi membrum reipublicae; communem hostem prodere & perdere. Itaque peccasset Iahel si eum non occidisset. Martyr & all i cirati in Pool. Synops. Critic. in Locum, Albeit that Author himself, in his English Annotations, does cut the knot instead of loosing it, in denying Deborahs Song to be Divinely inspired in its first composure, but only recorded as a History by Divine inspiration, as other Historical Passages not approven, only because this Heroic fact of Jael is there commended; which is too bold an attempt upon this part of the holy Canon of the Scripture: Whence we see, what inconveniences they are driven to, that deny this principle of natural Justice the Lawfulness of cutting off public Enemies to procure the Deliverance of the Lord's people. Hence, if it be Lawful for private persons, under subjection to and at peace with the public Enemies of the Lord's people, to take all advantages to break their yoke, and deliver the oppressed from their bondage, by killing their Oppressors; it must be much more Lawful, for such as acknowledge no such subjection nor aggreement, to attempt the same in extreme necessity: But the former is true: Therefor the later.

5. When Samson married the Timnite, and obliged himself by compact, to give them thirty sheets and thirty change of garmentts, upon their solving his riddle: The Spirit of the Lord came upon him, and he went down to A hkelon, and slew thirty men of them and took their Spoyl Iud. 14. 19. And afterwards, when he lost his wife by the cruelty & treachery of those Philistines, he said unto them, Though yow have done this, yet will I be avenged of yow, and after that I will cease, and he smote them hip & thigh with a great slaughter chap. 15. 7, 8. And wen the Jews, who acknowledged the Philistines for Rulers, 〈◊〉 to Et m to expostulate with him, all the satisfaction he gave them was to avouch, that as they did unto him so he had done unto them and to kill a thousand more of them verse. 11. &c. These were extraordinary Heroic facts, not only because they flowed from an extraordinary power wherewith he was endued, and from an extraordinary Motion & Call, but because of his avenging his own private injuries for the public good, in a way both of fortitude & prudence, without a declared war, provoking the enemies against himself, and diverting from the people and converting against himself all their fury, in which also he acted as a Type of Christ; and also because he acted not as a Magistrate at this time, for by whom was he called or counted a Magistrate? not by the Philistines, nor by the men of Judah, for they tell him that the Philistines, were their Lord's, and they bound him and delivered him up to them: Yet in his private Capacity, in that extraordinary exigence, he avenged himself and his Country against his public enemies, by a Clandestine war: which is imitable in the like case, when a prevailing faction of Murdering enemies domineer over & destroy the people of God, and there is no other way to be delivered from them: for his ground was Moral, because they were public enemis to whom he might do as they did to him. Hence, If Saints sometimes in cases of necessity may do unto their public enemies as they have done unto them, in prosecuting a war not declared against them; then much more may they do so in cases of necessity, to deliver themselves from their Murdering violence, when a war is declared: But here is an example of the former: Ergo

6. When these same Philistines again invaded and overran the Land in the time of Saul, Jonathan his son and his Armor-bearer fell upon the Garrison of these uncircumcised, and killed them 1 Sam. 14. 6, 13. This was an Heroic Action, without public Authority, for he told not his father verse 1. And singular indeed, in respect of the effect, and were a tempting of the Lord for so few to assault such a multitude, as it were to imitate Sams n in his Exploits: but in this respect, these Actions are only unimitable in consideration of prudence, not of Conscience, or as to the Lawfulness of the thing: their ground was Moral, to cut off public enemies. Hence, If it be Lawful to fall upon a Garrison of public enemies, oppressing the Country, then it must be Lawful to fall upon one or two, that are the Ring-leaders of public Enemies, and main promoters of their destruction, that are as pernicious, and have no more right or power, than the Philistines: But such is the Case of those about whom the question is.

7. When David dwelt in the Country of the Philistines, he and his men went up & invaded the Gesharites and the Gezrites and the Amalekites: And David smote the Land, and left neither man nor woman alive 1 Sam. 27. 8, 9. This was without public Authority, having none from Saul, none from Achish in whose Country he dwelt, and none of his own, being no Magistrate. We deny not the Divine motion, but plead that it is imitable from its Moral ground, which was that Command to cut off the Amalekites Exod. 17. and the Amorites whose relicts these Nations were; the same Ground that Saul the Magistrate had to destroy them. Whence it is Lawful sometimes for others than Magistrates to do that which is incumbent to Magistrates, when they neglect their duty. All I plead for from it, is, If it be Lawful for private persons, upon the Call of God, to cut off their public enemies, when they are obliged by the Command of God to destroy them, though they be living quietly & peacably in the Country; then may it be Lawful, in cases of necessity, for private persons, to cut off their public enemies, whom they are obliged by the Covenant of God to bring to condign punishment, and to exstirpate them (as the Covenant obliges in reference to Malignant Incendiaries) when they are ravening like Lions for their prey.

8. In the days of Ahab & Iezebels Tyranny, whereby the Idolatrous Prophets of Baal were not punished according to the Law, Elijah said unto the people, take the Prophets of. Baal, let none of them escape; and they took them to the brook Kishon & slew them there 1 King. 18. 40. How Mr Knox improved this passage we heard before, in the Historical Representation Per. 3. And Ius Pop: vindicates it, that in some cases private persons may execute Judgment on Malefactors, after the example of Elias here. Which fact Peter, Martyr in Loc. defendeth thus [I say it was done by the Law of God: for Deut. 18. 20.

God decerned that the false Prophet should die, and chap. 17. the same is said of private men & women, who would worship Idols: But chap. 13. not only is death threatened against a seducing Prophet, but a Command is added that no man should spare his Brethren—thirdly it is Commanded, that the whole City when it becometh Idolatrous, should be cut off by fire, & sword: And Levite. 24, 14—16. it is Statute, that the Blasphemer should not live, to which we may add the Law or equity of Taliation; for these Prophets of Baal caused Jezebel & Ahab kill the Servants of the Lord.
See Ius Pop. cap. 20. Pag. 425. Upon this also Mr Mitchel defends his fact ubi supra
Also Elijah by virtue of that precept ( Deut. 13) gave commandment to the people to destroy Baals priests, contrary to the command of the seducing Magistrate, who was not only remiss & negligent in executing Justice, but became a Protector & defender of the Seducers, then & in that case I suppose the Christians duty not to be very dark:

9. This Idolatrous & Tyrannical house was afterwards condignly punished by I hu 2 King. 9. And 10 chapt. who destroyed all the Idolaters, who were before encouraged & protected by that Court