PART III. (continued 12)

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, and 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, Judg. iii. 21. That this action was approven will not be doubted, since the Lord raised him up as a deliverer who by this heroical action commenced it; ond 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 discomfitted the host of Jabin, and Sifera his captain fled into the house of Heber the Kenite, Jael Heber's wife took a nail of the tent, and went softly unto him, and smote the nail into his temples, Judg, iv. 21. of which the prophetess Deborah says, chap. v. 24. "Blessed above women shall Jael the wife of Heber the Kenite be above women in the tent." Yet not only was Jael no magistrate, but in subjection to and at peace with Jabin, though she killed his captain. But there was no injustice here, when he was declared a public enemy, the war was just, he was an oppressor of the people of God, it became Jael, as a member of the commonwealth, to betray and cut off the common enemy. Therefore Jael had sinned, if she had not killed him. Martyr and others cited in Pool. Synops. Critic. upon the place, albeit that author himself, in his English annotations, does cut the knot, instead of loosing it, in denying Deborah's 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 recommended, 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 or agreement, to attempt the same in extreme necessity; but the former is true: therefore the latter.

5. When Samson married the Timnite, and obliged himself by compact, to give them thirty sheets and thirty change of garments, upon their solving his riddle, the Spirit of the Lord came upon him, and he went down to Askelon, and slew thirty men of them, and took their spoil, Judg. xiv. 19. And afterwards, when he lost his wife by the cruelty and treachery of those Philistines, he said unto them, 'Though you have done this, yet will I be avenged of you, and after that I will cease. And he smote them hip and thigh with a great slaughter,' chap. xv. 7, 8. And when the Jews, who acknowledged the Philistines for rulers, came to Etam to expostulate with him, all the satisfaction he gave them was to avouch, that as they had done unto him, so he had done unto them, and to kill a thousand more of them, ver. 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 and call; but because of his avenging his own private injuries for the public good, in a way both of fortitude and 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 lords, 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 and 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 enemies, 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 over-ran the land in the time of Saul, Jonathan his son, and his armour bearer, fell upon the garrison of these uncircumcised, and killed them, 1 Sam. xiv. 6. 13. This was an heroic action, without public authority; for he told not his father, ver. 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 Samson in his exploits; but in this respect, these actions are 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 and invaded the Geshurites, and the Gezrites, and the Amalekites; and David smote the land, and left neither man nor woman alive, 1 Sam. xxvii. 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. xvii. 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 and peaceably 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 extirpate 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 and Jezebel's 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, and slew them there,' 1 Kings xviii. 40. How Mr. Knox improved this passage we heard before, in the historical representation, Per, 3. and Jus 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 locum, defendeth thus: 'I say it was done by the law of God; for, Deut. xviii. 20. God decerned that the false prophet should die; and chap. xvii. the same is said of private men and women, who would worship idols; but, chap. xiii. not only is death threatened against a seducing prophet, but a command is added, That no man should spare his brethren.—3dly, It is commanded, that the whole city, when it becometh idolatrous, should be cut off by fire and sword:' And, Lev. xxiv. 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 and Ahab kill the servants of the Lord.' See Jus pop. cap. 20. pag. 425. Upon this also Mr. Mitchel defends his fact, as above,—'Also Elijah, by virtue of that precept, Deut. xiii. gave commandment to the people to destroy Baal's priests, contrary to the command of the seducing magistrate, who was not only remiss and negligent in executing justice, but became a protector and defender of the seducers; then and in that case, I suppose the Christians duty not to be very dark.'

9. This idolatrous and tyrannical house was afterwards condignly punished by Jehu, 2 Kings ix. x. chap. who destroyed all the idolaters, who were before encouraged and protected by that court, chap. x. 25. This extraordinary fact was not justified by his magistratical authority; for that was as extraordinary as the fact itself, and conferred as a mean to accomplish the fact. He had no authority by the people's suffrages, nor was he acknowledged as such by the court or body of the people, only the Lord gave it extraordinarily. But it is not the imitation of his assumption of authority that is here pleaded for, but the imitation of his fact in extraordinary cases, when not only tyrants and idolaters pass unpunished, but their insolency in murdering the innocent is intolerable. Mr. Knox vindicates this at length, as before, and shews, that it had the ground of God's ordinary judgment, which commands the idolater to die the death; and that though we must not indeed follow extraordinary examples, if the example repugn to the law, but where it agrees with and is the execution of the law, an example uncondemned stands for a command; for God is constant, and will not condemn in ages subsequent what he hath approved in his servants before. See the Testimony of Period 3. above, and Jus pop. cap. 20. pag. 418.

10. When Athaliah, the mother of Ahaziah, had tyrannized six years, at length Jehoiada, with others, made a conspiracy against her, to depose her, and make Joash king; which when it was discovered, she cried treason, treason, as indeed it would have been so, if she had been the lawful magistrate; for it was an attempt of subjects against her that had the possession of the sovereign power. But Jehoiada commanded the captains to heave her forth without the ranges, and him that followeth her kill with the sword; and they laid hands on her, and she was slain, 2 Kings xii. 14,—16. That this is imitable in the punishment of tyrants, is cleared above. If therefore it be lawful for subjects to kill usurping tyrants, and such as follow them to help them, under whom nevertheless people might have a life; then it must be lawful for private persons to put forth their hand against their cut-throat emissaries, in a case of necessity, when there is no living for them.

11. When Amaziah turned idolater and tyrant, after the time that he turned away from the Lord, they made a conspiracy against him in Jerusalem, and he fled to Lachish; but they sent to Lachish after him and slew him there, Chron. xxv. 37. This fact is before vindicated by Mr. Knox, Period 3. afterward Head 2. and Head 5.

12. When Esther made suit to reverse Haman's letters, the king granted the Jews in every city, not only to gather themselves together, and to stand for their lives, but also to destroy, to slay, and to cause to perish, all the power of the people and province that would assault them, both little ones and women,—and to avenge themselves on their enemies. And accordingly in the day that their enemies hoped to have power over them, the Jews gathered themselves to lay hand on such as sought their hurt, and smote all their enemies with the stroke of the sword, Esth. viii. 11, 13, chap. ix, 1-5, &c. They had indeed that law of nature fortified by the king's accessary authority, as Valentinian, by his edict, granted the like liberty, to resist any unjust invader to depopulate the lands of his subjects, that he might be forthwith liable to a deserved punishment, and suffer that death which he threatned.—And the like of Arcadius is extant, in the Justinian Cod. Tit. How it may be lawful for every man to vindicate himself and the public, without the concurrence of a judge. But that doth not exclude the lawfulness of such resistances in case of necessity, without public authority; so here, it was not the king's commandment that made the Jews avenging themselves lawful, if it had not been lawful before and without it; it gave them only liberty to improve that privilege, which they had from God and nature. Surely their power of resisting did not depend on the king's commandment, as is proven, Head 5. Ergo, neither their power of avenging themselves, to prevent their murder by their enemies, which they could and were obliged to do, if there had been no such authority: Ergo, it was not only suspended upon the king's authority. And as for Haman's sons and adherents, being Agagites, they were obliged, by a prior command, to avenge themselves on them, on all occasions, by that command to destroy Amalek: therefore it must be lawful, even without public authority, in some cases of necessity, to prevent the murder of public enemies, by laying hands on them that seek the hurt of all the people of God.

Secondly, There are some precepts from which the same may be concluded.

1. There is a command, and the first penal statute against murderers, we read, Gen. ix. 6. 'Whoso sheddeth man's blood, by man shall his blood be shed.' Here the command is given in general to punish capitally all murderers; but there may be some that no magistrate can punish, who are not here exempted, to wit, they that are in supreme authority, and turn murderers, as was said above. Again, the command is given in general to man involving all the community (where the murderer is) in guilt, if his blood be not shed; as we find in the scripture, all the people were threatned and punished because judgment was not executed; and when it was executed even by these who were no magistrates, the wrath of God was turned away, whereof there are many examples above. Further, if the command to shed the blood of murderers be given before the institution of magistracy, then, in case of necessity, to stop the course of murderers, it may be obeyed, when there is no magistrate to execute it: but here it is given before the first institution of magistracy, when now there was no government in the world, but family government, as Grotius on the place saith, 'When this law was given, public judgment was not yet constitute, therefore the natural right and law of taliation is here held forth, which when mankind was increased and divided into several nations, was justly permitted only to judges, some cases excepted, in which that primeve right did remain.' And if in any, then in this case in question. Hence, Lex Rex answereth the p. prelate, essaying to prove, that a magistracy is established in the text denies that Ba Adam, by man, must signify a magistrate, for then there was but family government, and cites Calvin, of the same mind, that the magistrate is not spoken of here. Though this command afterwards was given to the magistrate, Numb. xxxv. 30. yet in a case of necessity, we must recur to the original command.

2. This same command of punishing murdering enemies, is even, after the institution of magistrates, in several cases not astricted to them, but permitted to the people, yea enjoined to them. As, (1.) Not only magistrates, but the people, are commanded to avenge themselves on their public enemies, as the Israelites, after their being ensnared in the matter of Peor, are commanded to vex the Midianites, and smite them, because they beguiled them, and brought a plague upon them, Numb. xxv. 17, 18. and Numb. xxxi. 2. to avenge themselves on them, and for this end to arm themselves, and go against them, and avenge the Lord of Midian: which they executed with the slaughter of all the males. So likewise are they commanded to destroy Amalek. It is true these commands are given primarily and principally to magistrates, as there to Moses, and afterwards to Saul: yet afterwards we find others than magistrates, upon this moral ground, having the call of God, did execute judgment upon them, as Gideon and David, before they were magistrates, did avenge themselves and the Lord upon them, as is before cleared. It is also true, that there was some holy severity then to be extended against particular nations as such, peculiar to that dispensation, which is not pleaded as imitable; but the ground was moral, and the right of a people's saving themselves by the destruction of their enemies; when there is no other way for it, is natural. And this is all we plead for here. If people may vex their enemies, and avenge themselves against them, even without public authority, when ensnared by their craftiness; much more may they put a stop to their insolency, by cutting off their principle and most pernicious instruments, in case of necessity, when invaded by their cruelty; but here a people is commanded to vex their enemies, and avenge themselves on them, and accordingly Gideon and David did so, without public authority, and that upon a ground which is moral and natural: Ergo—(2.) The execution of the punishment of murderers is committed to the people: 'The revenger of blood, himself shall slay the murderer, when he meeteth him, he shall slay him,' Numb. xxxv. 19, 21. So that if he met him before he got into any city of refuge, he might lawfully slay him, and if he did flee to any, he was to be rendered up to the avengers hands, Deut. xix. 12. that the guilt of innocent blood may be put away from Israel, ver. 23. This revenger of blood was not the magistrate: for he was the party pursuing, Numb. xxxv. 24. Between whom and the murderer the congregation was to judge: he was only the next in blood or kindred. In the original he is called Goel, the redeemer, or he to whom the right of redemption belongs, and very properly so called, both because he seeks redemption and compensation for the blood of his brother, and because he redeems the land from blood guiltiness, in which otherwise it would be involved. I do not plead that this is always to be imitated, as neither it was always practised in Israel; but if a private man, in a hot pursuit of his brother's murderer, might be his avenger, before he could be brought to judgment, then much more may this power be assumed, in a case of necessity, when there is no judgment to be expected by law, and when not only our brethren have been murdered by them that profess a trade of it, but others also and ourselves are daily in hazard of it, which may be prevented in cutting them off. I do not see what is here merely judicial, so as to be rejected as Judaical: for sure murderers must be slain now as well as then, and there is the same hazard of their escaping now as then: murder involves the land in guilt, now as well as then, and in this case of necessity especially, that law that gives a man right to preserve himself, gives him also right to be his own avenger, if he cannot otherwise defend himself. (3.) Not only the execution, the decision of matters of life and death, is committed to them; as in the case of blasphemy and cursing, 'All that heard were to lay their hands upon his head, and all the congregation was to stone him,' Lev. xxiv. 14, 16. 'The man-slayer was to stand before the congregation in judgment. Then the congregation shall judge between the slayer and avenger of blood,' Numb. xxxv. 12, 24. The people claimed the power of life and death, in seeking to execute judgment upon those that had spoken treason against Saul, Bring the men (say they) that we may put them to death, 1. Sam. xi. 12. Especially in the case of punishing tyrants, as they did with Amaziah. Certainly this is not so judicial or judaical, as that in no case it may be imitated; for that can never be abrogated altogether, which in many cases is absolutely necessary; but that the people, without public authority, should take the power of life and death, and of putting a stop to the insolency of destroyers, by putting them to death, is in many cases absolutely necessary; for without this they cannot preserve themselves against grassant tyrants, nor the fury of public enemies or firebrands within themselves, in case they have no public authority, or none but such as are on their destroyers side. (4.) Not only the power of purging the land, by divine precept, is incumbent on the people, that it may not ly under blood guiltiness; but also the power of reforming the courts of kings, by taking course with their wicked abetters and evil instruments, is committed to him, with a promise that if this be done, it shall tend to the establishment of their throne; which is not only a supposition in case it be done, but a supposed precept to do it, with an insinuation of the necessity and expediency of it, that it is as suitable as the taking away of the dross from silver, in order to the production of a vessel, Prov. xxv. 4, 5. 'Take away the wicked from before the king, and his throne shall be established in righteousness;' which is not only there given to kings, for then it would be in the second person spoken to them, but to the people to do it before them, as the people did with Baal's prophets from before Ahab. And our progenitors many times have done with wicked counsellors, as may be seen in the foregoing representation, and more fully in the history of the Douglasses, and in Knox's and Calderwood's histories. Hence, if it be duty to reform the court, and to take away a king's wicked sycophants, counsellors, agents, and instigators to tyranny; then it must be lawful, in some cases of necessity, to restrain their insolency, and repress their tyranny, in executing judgment upon such of them as are most insupportable, who are made drunk with the blood of innocents; but the former is true: therefore——(5.) For the omission of the executing of this judgment on oppressors and murderers, involving the whole land in blood guiltiness, which cannot be expiated but by the blood of them that are so criminal; not only magistrates, but the whole people have been plagued. As for Saul's murdering the Gibeonites, the whole land was plagued, until the man that consumed them, and devised against them to destroy them, seven of his sons were delivered unto them, to be hanged up before the Lord, 2 Sam. xxi. 5, 6. So also for the sins of Manasseh. The reason was, because if the magistrate would not excute judgment, the people should have done it: for not only to the king, but also to his servants, and to the people that entered in by the gates, the command is, excute ye judgment, and deliver the spoiled out of the hand of the oppressor, Jer. xxii. 2, 3. though it be true, this is to be done by every one in their station, justice and order being preserved, and according to the measure of their office, and it chiefly belongs to judges and magistrates: yet this is no wrong to justice, nor breach of order, nor sinful transgression of people's vocation, not only to hinder the shedding of innocent blood, to prevent God's executing of what he there threatens, but also to execute judgment on the shedders, to prevent their progress in murdering villany, when inferior as well as superior magistrates are oppressing and tyrannizing: therefore this seeking, and doing, and executing judgment, is so often required of the people, in such a case, when princes are rebellious and companions of thieves, and in the city where judgment used to be, now murderers bear sway, Isa. i. 17. 21. the Lord is displeased where there is none, Isa. lix. 15, 16. Jer. v. 1. See this vindicated in Lex Rex, quest. 34. p. 367. and in Jus popul. cap. 10. p. 237.

3. That command concludes the same against idolaters, apostates, and enticers thereunto, Deut. xiii. 6. &c. 'If thy brother——or thy friend, which is as thine own soul, entice thee secretly, saying, let us go and serve other gods——thou shalt not spare nor conceal him, but thou shalt surely kill him——because he sought to thrust thee away from the Lord thy God——And all Israel shall hear, and fear, and do no more any such wickedness.' And ver. 13. &c. 'If thou shall hear say in one of thy cities——saying, Certain men the children of Belial, are gone out——and have withdrawn the inhabitants of their city, saying, let us go to serve other gods——Then shalt thou enquire——and behold if it be truth, and the thing certain——thou shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly.'——This cause of the open enticers to idolatry was not brought to the judges, as common idolaters, and such who were enticed to serve other gods, and worship them, were to be brought to the gates, and to be stoned first by the hands of witnesses, and afterwards by all the people, Deut. xvii. 3, 5, 7. But this is another law; of which the Jewish antiquaries, and particularly Grotius out of Philo and the Rabb. upon the place, saith, 'Whereas in other crimes the guilty used to be kept after the sentence a night and a day, that if he could say any more for himself he might, these were excepted from this benefit; and not only so, but it was permitted to any to execute judgment upon them (viz. Enticers to idolatry) without waiting for a judge. The like was used against sacrilegious robbers of the temple, and priests who sacrificed when they were polluted, and those who cursed God by the name of an idol, and those who lay with an idolatress: chiefly those who denied the divine authority of the law: and this behoved to be before the people, at least ten, which in Hebrew they called Hheda.——Neither is this to be admitted in so grievous a crime, when even the man-slayer without the place of refuge might have been killed by the kinsman of the defunct.' And upon Numb. xv. 30. the punishment of presumptuous blasphemers, he says, 'But here these are to be understood thus, that the guilty shall not be brought to the judges, but be killed by them that deprehended them in the crime, as Phinehas did to Zimri;' and proves it out of Maimonides, Pool. Synop. Critic. on the place. And it must be so; for in this case no mention is made either of judges, or witnesses, or further judgment about it, than that he that was tempted by the enticer should fall upon him, and let the people know it, that they might lay hands on him also; otherwise evil men might pretend such a thing when it was not true.

But in case of a city's apostacy, and hearkning to enticers, the thing was only to be solicitously enquired into, and then though it was chiefly incumbent upon the magistrate to punish it, yet it was not all astricted to him, but that the people might do it without him. As upon this moral ground, was Israel's war stated against Benjamin, Judg. xx. 13. When there was no king nor judge, and also when there were kings that turned idolaters and tyrants, they served them so, as here is commanded: witness Amaziah, as is shewed above. Hence not only Moses, upon the people's defection into idolatry in the wilderness, commanded all on the Lord's side, every man to put his sword by his side,—and slay every man his brother, and every man his companion, and every man his neighbour, whereby three thousand fell at that time by the sword of the Levites, Exod. xxxii. 27, 28. But also Joash, Gideon's father, upon the same moral ground, though he was no magistrate, could say to the Abiezrites, will ye plead for Baal—he that will plead for him, let him be put to death while it is yet morning.—Judg. vi. 31. Moreover, (as Mr. Mitchel adduces the example very pertinently), we see that the people of Israel destroyed idolatry, not only in Judah wherein the king concurred, but in Ephraim, and in Manasseh, where the king himself was an idolater; and albeit, they were but private persons, without public authority: for what all the people was bound to do by the law of God, every one was bound to do it to the uttermost of his power and capacity. Mr. Mitchel offers this place to vindicate his fact of shooting at the prelate, Deut. xiii. 9. 'Wherein, (says he) it is manifest, That the idolater or enticer to worship a false god, is to be put to death by the hand of those whom he seeks to turn away from the Lord: which precept I humbly take to be moral, and not merely judicial, and that it is not at all ceremonial or levitical. And as every moral precept is universal, as to the extent of place, so also as to the extent of time, and persons.' The chief thing objected here is, that this is judicial precept, peculiarly suited to the old dispensation; which to plead for as a rule under the New Testament, would favour of Jewish rigidity inconsistent with a gospel Spirit. Ans. How Mr. Knox refels this, and clears that the command here is given to all the people, needs not be here repeated; but it were sufficient to read it in the foregoing representation, Period 3. Pag. 24. As it is also cited by Jus Pop. pag. 212. &c. But these general truths may be added, concerning the judicial laws, 1. None can say, that none of the judicial laws, concerning political constitutions, is to be observed in the New Testament: for then many special rules of natural and necessary equity would be rejected, which are contained in the judicial laws of God: yea, all the laws of equity in the world would be so cast: for none can be instanced, which may not be reduced to some of the judicial laws: and if any of them are to be observed, certainly these penal statutes, so necessary for the preservation of policies, must be binding. 2. If we take not our measures from the judicial laws of God, we shall have no laws for punishment of any malefactors by death, of divine right, in the New Testament. And so all capital punishments must be only human constitutions; and consequently they must be all murders: for to take away the life of man, except for such causes as the Lord of our life (to whose arbitriment it is only subject) hath not approven, is murder, as Dr. Ames saith, De homicidio Conscienc. Lib. 5. Cap. 31. Quest. 2. For in the New Testament, though in the general, the power of punishing is given to the magistrate, yet it is no where determined, neither what, nor how crimes are to be punished. If therefore penal laws must be taken from the Old Testament; the subject of executing them, as well as the object, must be thence deduced; that is, what is there astricted to the magistrate must be so still, and what is permitted to the people must remain in like manner their privilege; since it is certain, the New-Testament liberty is not more restricted as to penal laws than the old. 3. Those judicial laws, which had either somewhat typical, or pedagogical, or peculiar to the then judaical state, are indeed not binding to us under that formality; though even these doctrinally are very useful, in so far as in their general nature, or equity of proportion, they exhibit to us some documents of duty; but those penal judgments, which in the matter of them are appended to the moral law, and are, in effect, but accurate determinations and accommodations of the law of nature, which may suit our circumstances as well as the Jews, do oblige us as well as them. And such are these penal statutes I adduce; for, that blasphemy, murder, and idolatry, are heinous crimes, and that they are to be punished, the law of nature dictates: and how, and by whom, in several cases, they are to be punished, the law judicial determines. Concerning the moral equity even of the strictest of them, Amesius de Conscien. Lib. 5. Mosaical appendix of precepts, doth very learnedly assert their binding force: 4. Those judicial laws, which are but positive in their form, yet if their special, internal, and proper reason and ground be moral, which pertains to all nations, which is necessary and useful to mankind, which is rooted in, and may be fortified by human reason, and as to the substance of them approven by the more intelligent heathens; those are moral, and oblige all Christians as well as Jews: and such are these laws of punishing idolaters, &c. founded upon moral grounds, pertaining to all nations, necessary and useful to mankind, rooted in, and fortified by human reason; to wit, that the wrath of God may be averted, and that all may hear and fear, and do no more so wickedly; especially if this reason be superadded, when the case is such, that innocent and honest people cannot be preserved, if such wicked persons be not taken order with. 5. Those judicial laws, which being given by the Lord's immediate authority, though not so solemnly as the moral decalogue, are neither as to their end, dead, nor as to their use, deadly, nor as to their nature, indifferent, nor in any peculiar respect restringible only to the Jews, but the transgressions whereof both by omission and commission are still sins, and were never abolished neither formally nor consequentially in the New Testament, must be moral; but such, as these penal laws I am speaking of, they cannot be reputed among the ceremonial laws, dead as to their end, and deadly as to their use, or indifferent in their nature: for sure, to punish the innocent upon the account of these crimes, were still sin, now as well as under the Old Testament; and not punish the guilty, were likewise sin now as well as then. If then the matter be moral and not abolished, the execution of it by private persons, in some cases when there is no access to public authority, must be lawful also. Or if it be indifferent, that which is in its own nature indifferent, cannot be in a case of extreme necessity unlawful, when otherwise the destruction of ourselves and brethren is in all human consideration inevitable. That which God hath once commanded, and never expresly forbidden, cannot be unlawful, in extraordinary cases, but such are these precepts we speak of: therefore they cannot be in every case unlawful. Concerning this case of the obligation of judicial laws, Ames. de Conscienc. Lib. 5. Cap. 1. Quest. 9. 6. Those laws which are predicted to be observed and executed in the New Testament, cannot be judicial or judaical, restricted to the old: but such is this. In the day, that a fountain shall be opened for the house of David for sin, and for uncleanness; which clearly points at gospel times; it is said, "The Lord will cause the prophets and the unclean spirits to pass out of the land: and it shall come to pass, that when any shall yet prophesy, then his father and his mother that begat him shall say unto him, thou shalt not live——and shall thrust him through when he prophesieth," Zech. xiii. 3. Which cannot be meant of a spiritual penetration of the heart: for it is said, he shall not live; and the wounds of such as might escape, by resistance or flight, are visible in his hands, ver. 6. It is therefore to be understood of corporal killing inticers to idolatry, according to the law, Deut. xii. 9. either by delivering them up to the judges, as Piscator on the place says, or as Grotius saith, they shall run through, as Phinehas did Zimri, Numb. xxv. Understand this of a false prophet, desiring to intice the people to the worship of false gods; for the law impowered every Jew to proceed against such——which law expressly adds, that they should not spare their son, if guilty of such a crime. From all which I conclude, if people are to bring to condign punishment idolatrous apostates, seeking to intice them; then may oppressed people, daily in hazard of the death of their souls by compliance; or of their bodies, by their constancy in duty, put forth their hand to execute judgment, in case of necessity, upon idolatrous apostates and incendiaries, and the principal murdering emissaries of tyrants, that seek to destroy people, or enforce them to the same apostacy; but the former is true: therefore, &c.

4. The same may be inferred from that command of rescuing and delivering our brother, when in hazard of his life; for omitting which duty, no pretence, even of ignorance, will excuse us, Prov. xxiv. 11, 12. If thou forbear to deliver them that are drawn unto death, and those that are ready to be slain; if thou sayest, behold we knew it not: doth not he that pondereth the heart consider it? and he that keepeth thy soul doth not he know it, and shall not he render to every man according to his works? That is, 'Rescue out out of the hand of the invader, robber, unjust magistrate, &c. and that either by defending him with your hand, or tongue, or any other lawful way: men use to make a great many excuses, either that they know not his danger nor his innocence, nor that they were possessed of so great authority that they might relieve him, that they have enough to do to mind their own affairs, and not concern themselves with others, &c. He proposes and redargues here, for examples sake, one excuse, comprehending all the rest.' As commentators say, Pool. Syn. Crit. in loc. This precept is indefinitely given to all: principally indeed belonging to righteous magistrates; but in case of their omission, and if, instead of defending them, they be the persons that draw or send out their destroying emissaries to draw them to death, then the precept is no more to be restricted to them, than that verse. 1. not to be envious against evil men, or vers. 10. If thou faint in the day of adversity, thy strength is small, can be said to be spoken only to magistrates. Hence, if it be a duty to rescue our brethren from any prevailing power that would take their lives unjustly, and no pretence even of ignorance will excuse the forbearance of it, then it must be lawful, in some extraordinary cases, to prevent the murdering violence of public incendiaries, by killing them, rather than to suffer ourselves or our brethren to be killed, when there is no other way, in probability, either of saving ourselves, or rescuing them; but here the former is commanded as a duty: therefore the latter also must be justified, when the duty cannot otherwise be discharged.

Now, having thus at some length endeavoured to discuss this some way odd and esteemed odious head, to which task I have been as unwillingly drawn, as the actors here pleaded for were driven to the occasion thereof, whom only the necessity of danger did force to such atchievements, to preserve their own and brethren's lives, in prosecuting the cause; and nothing but the necessity of duty did force me to this undertaking, to defend their name from reproach, and the cause from calumnies. I shall conclude with a humble protestation, that what I have said be not stretched further than my obvious and declared design doth aim at; which is not to press a practice from these precedents, but to vindicate a scripture truth from invidious or ignorant obloquies, and not to specify what may or must be done in such cases hereafter, but to justify what hath been done in such circumstances before. Wherein I acknowledge, that though the truth be certain, such things may be done, yet the duty is most difficult to be done with approbation. Such is the fury of corrupt passion, far more fierce in all than the pure zeal of God is to be found fervent in any, that too much caution, tenderness, and fear, can scarce be adhibit in a subject, wherein even the most warrantable provocation of holy zeal is ordinarily attended with such a concurrence of self-interest, and other carnal temptations, as it is impossible, without the signal assistance of special grace, to have its exercise in any notable measure or manner, without the mixture of sinful allay; as the true nonconformist doth truly observe as above. Yet this doctrine, though in its defined and uncautioned latitude be obnoxious to accidental abuses (as all doctrines may be abused by men's corruption or ignorance, misapplying the same) is nevertheless built upon such foundations, that religion will own to be firm, and reason will ratify their force. And I hope it is here so circumscribed with scripture boundaries, and restricted in the narrow circumstantiation of the case, that as the ungodly cannot captate advantage from it, to encourage themselves in their murdering villanies, seeing they never were, never can be so circumstantiate, as the exigence here defined requires; so as for the godly, I may presume upon their tenderness, and the conduct of that Spirit that is promised to lead them, and the zeal they have for the honour of holiness, with which all real cruelty is inconsistent, to promise in their name, that if their enemies will repent of their wickedness, and so far at least reform themselves, as to surcease from their cruel murdering violence, in persecuting them to the death, and devouring them as a prey, then they shall not need to fear from the danger of this doctrine, but as saith the proverb of the ancients, wickedness proceedeth from the wicked, but their hand shall not be upon them. But if they shall still proceed to murder the innocent, they must understand, they that hold this truth in theory, will also reduce it to practice. And bloody papists must know, that Christians now are more men, than either stupidly to surrender their throats to their murdering swords, or supinely to suffer their villany to pass unpunished; and though their favours have flattered many, and their fury hath forced others, into a faint succumbing and superseding from all action against them; yet all are not asleep; and I hope there are some, who will never enter into any terms of peace with them, against whom the Mediator hath declared, and will prosecute a war for ever, but will still own and aim at this, as the highest pitch of their ambition, to be found among his chosen, called, and faithful ones, who maintain a constant opposition against them. However, though the Lord seems, in his providence, to put a bar upon all public appearances under a display of open war against them; and it is not the design of what is said here on this and the foregoing head, to incite or invite to any: yet certainly, even at this present time, all that have the zeal of God, and love to his righteous cause rightly stated in their hearts, will find themselves called not to supersede altogether from all actions, of avowed and even violent opposition against them, whom we are all bound both by the morality of the duty, and the formality of solemn and sacred covenants, to hold out from a violent intrusion into, and peaceable possession of this land devoted to God, and to put them out when they are got in either by fraud or force; and this plea, now brought to an end, will oblige all the loyal lovers of Christ to an endeavour of these, 1. To take alarms, and to be fore-warned and fore-armed, resolute and ready to withstand the invasion of popery; that it be neither established by law, through the supineness of such, who should stand in the gap, and resolve rather to be sacrificed in the spot by a valiant resisting, than see such an abomination set up again; nor introduced by this liberty, through the wiles of such, whose chiefest principle of policy is perfidy, who design by this wide gate, and in the womb of the wooden horse of this toleration, to bring it in peaceably; nor intruded by force and fury, fire and sword, if they shall fall upon their old game of murders and massacres. It concerns all to be upon their guard, and not only to come out of Babylon, but to be making ready to go against it, when the Lord shall give the call. 2. To resist the beginnings of their invasions, before they be past remedy; and for this effect, to oppose their gradual erections of their idolatrous monuments, and not suffer them to set up the idol of the mass in city or country, without attempting, if they have any force, to overthrow the same. 3. In the mean time, to defend themselves and the gospel, against all their assaults, and to rescue any out of their hands, upon all occasions, that for the cause of Christ they have caught as a prey, and to oppose and prevent their own and the nation's ruin and slavery.

But to conclude: as it will be now expected, in justice and charity, that all the vassals and votaries, subjects and servants, of the one common Lord and King, Christ Jesus, every where throughout his dominions, who may see this representation of the case, and vindication of the cause of a poor wasted and wounded, persecuted and reproached, remnant of the now declining, sometimes renowned church of Scotland, will be so far from standing Esau like on the other side, either as enemies, rejoicing to look on their affliction in the day of their calamity; or as neutral, unconcerned with their distressed conditions; or as strangers, without the knowledge or sense of their sorrows and difficulties; or as Gallio's caring for none of these things, or thinking their case not worthy of compassion, or their cause of consideration; or possibly condemning their sufferings, as at best but started upon slender, subtile, and nice points, that are odd and odious, and invidiously represented: it is now expected, I say, that Christians, not possessed with prejudice, (which is very improper for any that bear that holy and honourable signature) and not willing to be imposed on by misinformations, will be so far from that unchristian temper towards them, as to be easily biassed with all reports and reproaches to their disadvantage, that if they weigh what is in this treatise offered, and truly I may say candidly represented, without any design of prevarication, or painting or daubing, to make the matter either better or worse than it will seem to any impartial observer; they will admit and entertain a more charitable construction of them, and not deny them brotherly sympathy and Christian compassion, nor be wanting in the duty of prayer and supplication for them; at length the Lord would turn his hand upon the little ones, and bring at least a third part, a remnant of mourners, through the fire. So, to that little flock, the poor of the flock, that wait upon the Lord, and desire to keep his way, I shall only say, though I judged necessity was laid upon me, instead of a better, to essay this vindication of your cause, as stated betwixt you and your Lord's enemies, the men that now ride over your heads, that say to your soul, Bow down that we may go over you, I desire not that you should, yea I obtest that you may not lay any stress on the strength of what I have said; but let its weight ly where it must be laid, on that firm foundation that will bear you and it both, that stone, that tried stone, that precious corner-stone, that sure foundation Christ Jesus; and search the scriptures of truth to see whether these things be so or not: and I doubt not, but by that touchstone if these precious truths be tried, they will be found neither hay nor stubble, that cannot abide the fire, but as silver tried in a furnace of earth purified seven times. Be not offended, that they are contemned as small, and contradicted as odious, but look to the importance of his glory, whose truths and concerns they are, and from whom they are seeking to draw or drive you, who oppose and oppugn these truths. Stand fast therefore in the liberty wherewith Christ hath made you free, and hold fast every word of his patience, that you may be kept in this hour of tentation. Let no man take your crown, or pull you down from your excellency, which is always the design of your wicked enemies, in all their several shapes nd shews, both of force and fraud, craft and cruelty. Beware of their snares, and of their tender mercies, for they are cruel; and when they speak fair, believe them not, for there are seven abominations in their hearts. "Say ye not a confederacy, to all them to whom this people shall say a confederacy, neither fear ye their fear, nor be afraid; sanctify the Lord of hosts himself, and let him be your fear, and let him be your dread, and he shall be for a sanctuary, but for a stone of stumbling and a rock of offence, to both the houses of Israel, for a gin and for a snare to the inhabitants of Jerusalem. Wait upon the Lord who hideth his face from the house of Jacob, and look for him among his children," though now you be reputed for signs and wonders in Israel, from the Lord of hosts which dwelleth in mount Zion. "Who knows, but therefore will the Lord wait, that he may be gracious unto you, and therefore will he be exalted, that he may have mercy upon you, for the Lord is a God of judgment, blessed are all they that wait for him." To whom be all the glory, Amen.

* * * * *

Having come to a conclusion of the six heads proposed to be treated of, I judged it conducing, by way of a postscript, to subjoin a seventh, in vindication of these conscientious and truly tender sufferers, who, in the dread and awe of the holy, sovereign, and supreme law-giver, who commandeth his subjects and followers, to abstain from all appearance of evil, did in obedience to him and his royal law, choose rather to suffer the rage, robberies, and violence of cruel and bloody enemies, together with censures, reproaches, obloquies, and contempt of apostatising professors, than to give any aid or encouragement to the avowed and declared enemies of Christ, that might contribute to the promoving their sacrilegious, tyrannical, and hellish projects and practices, calculate and prosecute against the gospel and kingdom of Christ, the covenanted reformed religion of the church, the rights, laws, and liberties of the people, and to the introducing of antichristian idolatry, tyranny and slavery, by paying any of their wicked and wickedly imposed exactions, raised for furthering their hellish designs, of which none that pays them can be innocent.

HEAD VII.

The Sufferings of many, for refusing to pay the wicked Exactions of the Cess, Locality, Fines, &c. vindicated.

It will possibly seem impertinent, or at least preposterous at such a time, when the pressure of these burdens is not more pinching to the generality of professing people, and in such a retrograde order, as after the discussion of the foregoing heads to subjoin any disquisition of these questions, which are now out of date and doors with many. But considering that the impositions of these burdens are still pressing to some, and the difficulties of doubts and disputes about them still puzling, the sin and scandal of complying with them still lying upon the land, not confessed nor forsaken, the leaven of such doctrine as daubs and defends the like compliance still entertained, the sufferings of the faithful, for refusing them, still contemned and condemned, and the fears and expectations of more snares of that nature, after this fair weather is over, still increasing; if I may be so happy as to escape impertinencies in the manner of managing this disquisition, I fear not the censure of the impertinency or needlessness of this essay. As to the order of it, it was intended to have been put in its proper place among the negative heads of sufferings; but knowing of how little worth or weight any thing that I can say is with the prejudged, and having a paper writ by two famous witnesses of Christ against the defections of their day, Mr. M'Ward and Mr. Brown, more fully and largely detecting the iniquity of the cess (from which the wickedness of other exactions also may be clearly deduced) though at such distance at the writing of the foregoing heads, that it could not be had in readiness to take its due place, and time would not allow the suspending other things until this should come to hand; I thought it needful, rather than to omit it altogether, to insert it here. However, tho' neither the form of it, being by way of letter, nor the method adapted to the design of a moving disswasion, nor the length and prolixity thereof, will suffer it to be here transcribed as it is; yet to discover what were their sentiments of these things, and what was the doctrine preached and homologated by the most faithful both ministers and professors of Scotland, eight or nine years since, how closely continued in by the contendings of this reproached remnant still persecuted for these things, and how clearly abandoned and refiled from, by their complying brethren now at ease, I shall give a short transumpt and compend of their reasonings, in a method subservient to my scope, and with additions necessary for applying their arguments against the other exactions here adduced in this head, and bringing them also under the dint of them, though not touched by them expressly. I must put altogether, because it would dilate the treatise, already excresced, into a bigness, far beyond the boundaries I designed for it, to handle them distinctly; and their affinity, both as to their fountain, nature, and ends, is such, that what will condemn one of them will condemn all. What and how many and manifold have been the exorbitant exactions, as the fruits and foments of this cruel tyranny, that the godly in our land have been groaning under these twenty seven years, and upon what occasions they have been, at diverse times, and in diverse manners and measures imposed, I need not here relate, the first part of the treatise doth represent it. The first of these tyrannical exactions, were the fines for not hearing the curates, and other parts of non-conformity; which, together with paying the curates stipends, were too universally at first complied with; but afterwards upon more mature consideration, and after clearer discoveries of the imposers projects and practices, they were scrupled and refused by the more tender. And their sufferings, upon the account of that recusancy, have been very great and grievous, to the utter impoverishment and depopulation of many families, besides the personal sufferings of many in long imprisonments, which some choose rather to sustain with patience, than pay the least of those exactions. Yea, some when ordered to be legally liberate, and set forth out of prison, choosed rather to be detained still in bondage, than to pay the jaylor's fees, their keepers demanded of them. Many other wicked impositions have been pressed and prosecuted with great rigour and rage, as militia money, and locality, for furnishing soldiers, listed under a banner displayed against religion and liberty, with necessary provision, in and for their wicked service; which of late years have been contended against by the sufferings of many, and daily growing a trial to more. But the most impudently insolent of all these impositions, and that which plainly paraphrases, openly expresses and explains all the rest, calculate for the same ends, was by that wicked act of convention, enacted in the 1678, declaring very plainly its ends, to levy and maintain forces for suppressing meetings, and to shew unanimous affection for maintaining the king's supremacy established by law. Or as they represent it in their act, for continuation of it, Act 3. Parl. 3. Char. II. August 20, 1681. 'Seeing the convention of estates held at Edinburgh in the month of July, 1678, upon weighty considerations therein specified, and particularly the great danger the kingdom was under, by seditious and rebellious conventicles, and the necessity which then appeared, to increase the forces, for securing the government, and suppressing these rebellious commotions, which were fomented by seditious principles and practices, did therefore humbly and dutifully offer a chearful and unanimous supply of 800,000 pound Scots,—in the space of five years,—And the estates of parliament now conveened, having taken to consideration, how the dangers from the foresaid causes do much encrease, in so far as such as are seditiously and rebelliously inclined, do still propagate their pernicious principles, and go on from one degree of rebellion to another, till now at last the horrid villanies of murder, assassination, and avowed rebellion, are owned, not only as things lawful, but as obligations from their religion,—do therefore, in a due sense of their duty to God, to their sacred sovereign, and the preservation of themselves, and their posterity, of new make an humble, unanimous, chearful, and hearty offer, for themselves, and in name of, and as representing this his majesty's ancient kingdom, of a continuation of the foresaid supply, granted by the convention or estates; and that for the space of five years, or ten terms successive, beginning the first terms payment at Martinmass, 1684, which yet is to be continued until Martinmass, 1688.' Here is a sample of their wicked demands, shewing the nature, quality, and tendency of all of them; wherein we may note, 1. That they continue it upon the same considerations, upon which it was first granted. 2. That these were, and yet remain to be, the danger of the meetings of the Lord's people for gospel ordinances, by them forced into the fields, which they call rebellious conventicles; and the necessity of securing their usurpation upon the prerogatives of Christ, liberties of his church and privileges of mankind, (which they call their government) and suppressing the testimonies for the interest of Christ (called by them rebellious commotions.) 3. That their motive of continuing it, was their considerations of some weak remainders of former zeal for God, in prosecuting the testimony for the interests of Christ, and principles of the covenanted reformation, (which they call propagating pernicions principles) and some weak attempts to oppose and resist their rebellion against God, and vindicate the work, and defend the people of God, from the destruction they intended against them, and their lawful and obliged endeavours to bring these destroyers and murderers to condign punishment (which they, call horrid villanies of murder, assassinations, and avowed rebellion.)

Here all the active appearances of the Lord's people, vindicated in the foregoing Heads, are industriously represented, under these odious and invidious names, as motives to contribute this supply of means to suppress them, and to involve all the contributers in the guilt of condemning them. 5. That as a tell their allegiance unto, and confederacy with that execrable tyrant (which they call their duty to their sacred sovereign) they enact this as representatives of the kingdom, and must be owned as such by all the payers 5. That it is the same cess that was granted by the convention of estates, and the term of its continuation is not yet expired. And hence it is manifest, that that act of convention, though its first date be expired, and thereupon many plead for the lawfulness of paying it now, that formerly scrupled at and witnessed against it, yet is only renewed, revived and corroborated, and the exaction continued upon no other basis or bottom but the first state constitution; which was, and remains to be a consummating and crimson wickedness, the cry whereof reaches heaven, since upon the matter, it was the setting of a day betwixt and which (exceeding the Gadarenes wickedness, and short of their civility) they did not beseech Christ, and his gospel to be gone out of Scotland, but with armed violence declared, they would with the strong hand drive him out of his possession; in order to which their legions are levied, with a professed declaration, that having exauctorate the Lord's anointed by law, and cloathed the usurper with the spoils of his honour, they will by force maintain what they have done; and having taken to themselves the house of God in possession, they will sacrifice the lives, liberties, and fortunes of all in the nation, to secure themselves in the peaceable possession of what they have robbed God; and that there shall not be a soul left in the nation, who shall not be slain, shut up, or sold as slaves, who will own Christ and his interest. All which they could not, nor cannot accomplish, without the subsidiary contribution of the people's help. This is the plain sense of the act for the cess; and, though not expressed, the tacit and uniform intention of all the rest; yet, for as monstrous and manifest the wickedness of these designs are, so judicially were the bulk of our seers plagued with blindness, that many of them were left to plead for the payment of these impositions; others, though they durst not for a world do it themselves, to be silent, and by their silence to encourage and embolden many to such a compliance; presuming with themselves, and without further enquiry, that the zeal of God, and love to his glory, and the souls of their brethren, would constrain them to speak in so clamant a case, if they did observe any sin in it. Whereby the universality was involved in the guilt of these things, especially deceived by the patrociny and pleadings of such of late, who formerly witnessed against it. O that it might be given to us to remember Lot's wife turned into a pillar of salt, to season us, lest the stink of our destruction, and what may follow upon it, be all that the posterity get for a warning not to tread our paths. As for the few that have suffered upon this head, they have been so discruciated with perplexities, in their conflicts with the rage of enemies, and reproach of friends, and fear of these snares attending every lot of occupation they could put themselves in, that they have been made to desire death, as their best refuge, and only retreat wherein they may find rest from all these rackings; for, in no place could they escape the reach of some of these impositions, nor the noise of their clamorous contendings of arguments that pleaded for it. But some have had more love to Christ and his interests, than language to plead for him, and more resolution to suffer, than learning to dispute for his cause; and where pure zeal for Christ, and love to his bleeding interests; in a time when he is crucified afresh, and put to open shame, and the concurrence of all is required to help forward the war against him, is in integrity and vigour, it will burn with its flame those knots that it cannot in haste loose; and chuse rather to ly under the imputation of being zealous without knowledge, than life of let go such an opportunity of witnessing a good confession; yea, when it could do more, expire with an Ichabod in its mouth.

But shortly to come to the point, I shall, 1. Permit some concessions. 2. Propose some parallel questions. 3. Offer some reasons to clear it.

1. I shall willingly grant in the general, concerning paying of exactions, impositions, or emoluments.

1. They are to be paid to these to whom they are due; as tribute and custom is to be paid to the powers ordained of God, and for this cause they that are God's ministers, attending continually upon this very thing, Rom. xiii. 6, 7. So stipends and all outward encouragements are due to ministers of the gospel, who sow spiritual things, and should reap these carnal things, 1 Cor. ix. 11, 12. Fines also, and all legal amercements for delinquencies against such laws must be paid, Deut. xxii. 19. And whatsoever is due by law to officers, appointed by law, for keeping delinquents in custody, as all debts whatsoever. But tyrants exactions, enacted and exacted for promoving their wicked designs against religion and liberty, hirelings salaries, for encouraging them in their intrusions upon the church of God; arbitrary impositions of pecuniary punishments for clear duties; and extorted hirings, of the subordinate instruments of persecution, oppressions, are no ways due, and cannot be debt, and therefore no equity to pay them.

2. It is lawful to pay them, when due and debt, either by law or contract, even though they should be afterward abused and misimproven to pernicious ends. But these payments for such wicked ends, either particularly specified and expressed in the very act appointing them, or openly avouched by the exactors, are of another nature than impositions fundamentally appointed for the public good; and the after misapplication thereof, made by such as are entrusted therewith, is no more imputable unto the land or payers, than is the theft of a collector stealing or running away with the same, without making count or reckoning to superiors. It is then a foolish thing to say, that former impositions were peaceably paid, though we saw and were convinced that their use was perverted, and they were used against the good of the land and God's people: for no such thing was laid down as the ground, or declared as the end of these exactions; but what fell out was by the personal abuse and perversion of those in power: which was their own personal fault, and posterior to the legal engagement and submission to the payment thereof by the land in their representatives.

3. It is lawful to pay them sometimes, even when fundamentally and originally from the first constitution of them they were not due, but illegally or usurpatively challenged and exacted, if afterwards they were by sedition or voluntary engagement, legally submitted unto by the true representatives. But not so, when they were never either lawfully enacted, or legally exacted, or voluntarily engaged by the representatives, except such as represented the enslavement of the nation, and betrayed the country, religion, liberty, property, and all precious interests, and declaredly imposed to further the destruction of all. Nor can any with reason say, that this case is but like the case of the people of Israel under the feet of enemies, paying to them of the fruits of their ground, as was regretted and lamented by Nehemia, chap. ix. 36, 37. for so they must say, the exactions now in debate are their redemption-money, and by these they purchase their liberty of life and lands, and own themselves to be a people under conquest. And yet they cannot deny, but they are both exacted and paid as tests of their allegiance as subjects, and badges of their loyalty and obedience. But this is answered before, Head 2. Conces. 7. Sect. 2. If any should object the practice of Christ, though otherwise free, yet paying custom, lest he should offend: it is fully solved ibid. Head 2. Conces. 9. Here it is sufficient to hint (1.) That which made them to marvel at his wise answer was, that he left the title unstated, and the claim unresolved, whether it belonged to Cesar or not, and taught them in the general to give nothing to Cesar with prejudice to what was God's; which condemns all the payments we speak of, which are all for carrying on the war against God. (2.) Cesar was no tyrant nor usurper at this time; because they had legally submitted themselves unto several Cesars successively before. (3.) It was, lest he should offend: but here it will be evident, that the offence and scandal lieth on the other hand, of paying the exaction: and it is against all religion to say, that both the doing and refusing to do the same act, can give offence. But (4.) make the case like our's, and I doubt not to call it blasphemy to say, that Christ would have paid, or permitted to pay a taxation professedly imposed for levying a war against him, or banishing him and his disciples out of the land; or to fill the mouth of the greedy Pharisees, devouring widows houses, for their pretence of long prayers; or that he would have paid, or suffered to pay their extortions, if any had been exacted of him, or his disciples, for his preaching, or working miracles; or if help or hire had been demanded, for encouraging those that rose to stone him for his good deeds.

4. It is lawful to pay a part to preserve the whole, when it is extorted by force and threatenings, and not exacted by law; when it is a yielding only to a lesser suffering, and not a consenting to a sin to shift suffering. The objection of a man being seized by a robber, transacting with him to give him the one half or more to save the rest and his life, commonly made use of to justify the paying of these impositions, while under the power and at the reverence of such public robbers, cannot satisfy in this case. It is thus far satisfying, that there is a manifest concession in it, that instead of righteous rulers, we are under the power, and fallen into the hand of robbers, from whom we are not able to rise up. But there is no paritie. For to bring it home without halting, and make it speak sense, we must suppose that the robber not only requires a part for himself, and a part for his underling shavers, horse-rubbers, &c. but a part upon this declared account, that he may by that supply be enabled and furnished with all things necessary, for murdering my father, mother, wife, children, kinsmen, and friends, (all whom he hath now in his power) yea, and for doing that besides, which is worse than all these put together: Whether then shall I, by giving the robber that part which he seeks, enable him to do all these mischiefs? Or by refusing, expose myself to the hazard of being robbed or slain? Let the conscience of any man answer this (for nothing can be here alledged against the paritie as now propounded) and then I fear not but the objection shall be found a blaze of empty words, blown away by any breath. But alas! will this tattle of a robber be found relevant in that day, when the public robbers shall be proceeded against by the just Judge? Let them who think so, think also, they see the court fenced, and the judge set, and hear these words sounding in their ears, "ye are cursed with a curse, for ye have robbed me, even this whole nation;" and then they are like to lay as little weight on the objection, for fear of falling under the weight of the curse, as I do.

5. It is lawful passively by forcible constraint to submit to the execution of such wicked sentences, as impose these burdens, if it be not by way of obedience to them: this is suffering and not sinning. Hence it is easy to refel that objection; if it be lawful (which hitherto was never questioned) for a man, who is sentenced to die, to go to the place of execution, then a man, being under the moral force of a law, which is equivalent, may pay cesses, localities, fines, &c. Ans. 1. Might it not be doubted, whether a man's going upon his feet to be execute, had as manifest, and from the nature of the thing, a tendency, yea and proper casuality to advance the design of the enemy, and his refusing to go, had as clear a testimony against the clamant wickedness of their course, as his refusing to pay their impositions. Whether, I say, in this case, a man might not, yea, ought not to refuse to go to the place of execution. But 2. Whosoever would conclude any thing from it, to give it either life or legs, must make it run thus: let the order run in this form (else there is no parallel, and so no inference) we appoint all the opposers of our course (that is all the lovers of our Lord Jesus) whom we have for their rebellious rendezvouzing at conventicles sentenced as enemies and traitors to die, to come and be hanged by virtue of our sentence: otherwise besides the moral force of the law, adjudging them to die, we shall use force, and drag them like dogs to the place of execution; and in putting us to this trouble, they shall fall under the reproach, that being sentenced to die, they scrupled forsooth, yea refused to go on their own legs to the gibbet. Let this, I say, be made the case, which to me is the exact parallel, and there every child will know what to answer, or to hiss the objection as pure ridicule. 3. I suppose the objection speaks of a righteous and innocent person, who for righteousness it brought, as a sheep to the slaughter (for a malefactor, who hath lost all right to his life, is not to be understood) then to make the case parallel, it must be taken for granted, (1.) There is a public law with the penalty of death, statute for the violation thereof. (2.) That the person to be executed, hath not only transgressed that law, but his disobedience to the law is notour. (3.) That he is processed and convict of the transgression thereof: Whereupon follows. (4.) The sentence, and then the execution. Now the law being wicked, and the man from the fear of God, being constrained to disobey the law, he can in nothing be justly construed active, but in that disobedience or renitence: but in the whole of what befals him for this, he being a captive prisoner, is to be looked upon as passive. Yea the very act of going to the place of execution in the present case, howbeit, as to its physical entity, it is of the same kind, with the executioner's motion that goes along with him, yet in its moral and religious being, whence it hath its specification, it is wholly the suffering of a captive. Well then, ere any thing can be pleaded from the pretended parity; seeing there are laws, made for paying such exactions, cesses, salaries, and fines, for the declared ends of ruining the people and interests of Christ; it is necessary, in order to a just parallel, that the law must be first disobeyed. (2.) The disobedience must be notour. (3.) The delinquent must be processed and pursued, as guilty of the transgression, and convicted thereof, whereupon sentence passeth against him for the breach of the law. Here I grant all with advantage to the cause: as in the first case, so in this, he who is judged guilty of the breach of this wicked law, and who is sentenced for that violation, ought to suffer patiently the spoiling of his goods, and not to decline suffering, if it were unto blood, striving against this sin.

6. It is lawful of two evils of sufferings to chuse the least; where both come in the election, as in the cases forementioned, and in a man throwing of his goods overboard in a storm; these and the like are deeds in the present exigent voluntary and rational, being upon deliberation and choice, where the least evil is chosen under the notion of good, yea of the best that can be in the present case, and accordingly the will is determined, and meets and closes with its proper object; or one of them only be proposed to be submitted to, but another lesser evil of suffering is in a man's power to chuse and propose, for purchasing his immunity from a greater; which is not imposed nor exacted of him, either by a wicked law, or for wicked ends declared, but voluntarily offered; as in the case of parting with some money to a robber or murderer to save the life, when he is seeking only the life; as the ten men that were going to the house of the Lord said unto Ishmael, "Slay us not for we have treasures in the field," for which he "forbare and slew them not," Jer. xli. 8. In this a man does nothing, which under such circumstances is not only lawful (one of the main ends for which goods are given to him, to wit the preservation of his life, being thereby attained) but it were a grievous sin, and would conclude him guilty of self murder, not to make use of such a mean for preservation of his life, which God hath put in his power, and is in the case called for by his precept. But however force may warrant one to do that, which may be done for shunning a greater evil of loss; yet it is never sufficient to make one to do that which is a greater evil, than all the evil that can be said to be shunned: For the evil shunned is suffering, but the evil done to shun this, is real and active concurrence, in manner, measure, and method, enjoined by law, in strengthening the hands of those who have displayed a banner against all the lovers of our Lord Jesus Christ; a manifest chusing of sin to shun suffering, and a saving of life with the prejudice of that in the preservation whereof he should be ready to lay down all, and be at a point to endure the worst this wicked world can make him suffer, ere he be found guilty in the matter of a compliance of that nature. And though the rod of the wicked should seem to rest on his lot, for his refusal, and he be the object of their rage and revenge, for holding his integrity; yet he shall be honoured as a faithful witness, helped to endure as seeing him who is invisible, and amidst all his sufferings and sorrows, made to rejoice in the hope, that when God shall lead forth these workers of iniquity, he shall not be found amongst the company of these who have turned aside with them into their crooked courses, and for that shall be overturned and crushed with them, under the curse that is hovering over their heads. It is true a man should not cast himself and his family (which if he provide not for, he is worse than an infidel) upon sufferings, either needlessly or doubtfully, when he is not persuaded it is truth and duty he suffers for, and of value sufficient to countervail the loss he may sustain for it. But on the other hand, in the present and all like cases it is highly of the concernment of all men to be careful and circumspectly cautious, when the case comes to be stated upon suffering or not suffering, in examining well whether the course whereby a man shuns suffering be of God, and not to take plausibilities for demonstrations: seeing the flesh is not only ready to inculcate that doctrine, 'spare thy self,' but is both witty of invention to plead for what will afford ease, and as unwilling to listen to what would, if attended unto, expose us to the malice and rage of rigorous enemies: It being always more becoming the professors of the gospel, and the followers of our Lord Jesus, who must walk to heaven bearing his cross; to abstain at all hazards when the case is doubtful, than to rush forward upon an uncertainty, when it is not evident they have God's approbation for what they do. Yea suppose a person erred to his own hurt in the first case, through weakness, yet it will argue much more sincerity and uprightness towards God, and is done with less danger than in the other. And as many as walk according to this rule, are like to have the peace of the Israel of God, to compense whatever of trouble or loss they may meet with in the world, when others shall not have this bird of Paradise to sing in their bosom.

II. But shunning prolixity; to come nearer the point, because perhaps some may alledge such cases are not determined in the scriptures, nor can any case be found parallel to these under consideration, from which we may gather the determination thereof; which I think hard indeed to find, because in the wickedness of former ages such monstrous exactions had never a precedent, for such declared ends, so declaredly impudent. I shall make some suppositions, and propose some questions, all of a piece, and some way parallel to this under debate, and leave any conscience touched with the fear of God to answer.

1. Suppose, when our Lord Jesus and his disciples were tossed upon the waves by the storm at sea, and he was sleeping, that then Herod or Pilate, or the chief rulers, had sent peremptory orders to all men, to supply and furnish with such things as he had, the men they employed, to capacitate them once for all and forever to sink that floating bottom out of sight; and that somewhat should be given to the soldiers engaged in that enterprize, somewhat to the Pharisees for persuading them to it, and fines to be exacted from the recusants, and rewards to be given to such as should keep them in custody that should fall in their hands, either of them that refused to pay the moiety prescribed, or of such of them as should escape drowning. In this case would, or durst any of the lovers of Jesus comply with any of these demands? and not rather chuse to perish with him, or in opposition to such wicked attempts? Now, hath not the Lord Jesus, and all the interest he hath in the nation, been embarked as it were in one bottom, and floating like a wreck in the sea? And have not these called rulers in this land, in their rage against the Lord's anointed, and the handful who adhere to him, sent their peremptory orders to pay a cess for sinking his floating interests; and to pay the curates for persuading to it; and fines for not concurring in it; and rewards to jailors and others appointed to repress the recusants? Who durst concur then in this compliance, who had love to Christ in exercise, and who had his friends in the same bottom embarked? And besides, seeing the great God had the man of whom this is required, bound with his own consent, under a sacred and solemn oath, and under the penalty of never seeing his face, if he do not venture life and fortune to preserve that precious interest, and all who are embarked with it from perishing. Shall he, notwithstanding of this, give what these enemies to Christ, call for as his concurrence, to enable them to execute their wicked contrivance? Does any man think or dream, that the pitiful plea, of what they call a moral force, will clear and acquit him before God from the guilt of a concurrence in this conspiracy, while in the mean time he furnished whatsoever these enemies demanded of him, with this express declaration, that it was for this cause exacted, and for this end imposed? Or can he think to be saved, when they shall be sentenced, who with so much deliberation and despite have done this thing? O let us consider the after reckoning! And let us not with pretences distinguish ourselves into a defection, or distract ourselves into the oblivion of this, that God is righteous to whom the reckoning must be made.

2. Let it be supposed, under Saul's tyranny, when the Ziphims informed him of David's hiding himself with them, or when Doeg informed him of Ahimelech's resetting him, that an order had been given forth to all Israel, with this narrative: Whereas that rebel David had now openly despised authority, had been entertained by the priest, received Goliath's sword from him, and gathered a company of armed men together, therefore to the end he and his accomplices may be brought to justice, We ordain all from Dan to Beersheba, to concur either personally in this expedition against him, or to pay cess to our standing forces to maintain them in this expedition, or so much to gratify the Ziphims for their kindness, or to furnish Doeg with a sword to murder the priests of the Lord. Would any that favoured David's righteous cause, have dared to do any of these? Would these that durst not concur themselves, contribute any encouragement to the concurrers? Would Saul's servants that would not fall upon the priests of the Lord themselves, have given Doeg one of their swords to do it, or money to buy one, if it had been demanded? To the same purpose, suppose a party comes to a dissenter, with an express order, and this narrative, Whereas there is such a minister met with some people, at an execrable conventicle, as they call it, (but in itself the pure worship of God) therefore to the end the minister may be taken and murdered, and the servants of the Lord for the countenance they gave him may be brought to the same punishment, they ordain him, for the accomplishing of their design, to furnish that party with all necessities, or to pay such a sum of money for not concurring with them: now, should he in this case not only forbear to lay down his life for his brethren, and forbear to deliver them, that are thus drawn unto death on such an account, (into which forbearance the great God will make so accurate an inquiry, Prov. xxiv. 11, 12. as may make us tremble, whether we look backward or forward) but also furnish according to the tenor of this order, that party of the dragon's legions, in their war against the prince Michael and his angels, with supplies, and think to put off the matter and plead innocent with this, that he was under the moral force of the law, accompanied with such military force, as if he had refused, they would have taken away all he had, &c. For this plea, in its full strength, is to do evil, that some good may come of it, (no true good) which brings damnation, Rom. iii. 8. or to choose sin rather than affliction.

3. What if Manasseh, or other idolatrous princes, that sacrificed to devils, and made children pass through the fire to Molech, had enacted a cess, or under severe impositions of fines had commanded all to concur to a solemn sacrifice of that nature, charging every man against a certain day, to bring in his proportion, in order to celebrate the sacrifice with all its statute solemnities; or should have taken a child from every father, and then made a law, that each of these should contribute such a sum, for furnishing with all necessaries, and maintaining these murderers, whom they had conduced to shed the blood of their innocent children, or sacrifice them to Molech: could it be expected that any of the godly would have paid such exactions, and then have wiped his mouth with the notion of a moral force? This comes home enough to our case; for no sacrifice they can offer to the devil, can be more real or so acceptable, as what they declare they intend to do; being so direct, not only in opposition to the coming of the kingdom of Christ, but the deletion of his precious interests, and extirpation of his faithful remnant, and the giving Satan such an absolute dominion in the nation, as that they who have made the decree, and all who put it in execution, practically declare thereby they have emancipate themselves to his slavery, and sold themselves to work wickedness in the sight of the Lord: so likewise, that all the rest of the nation, may with themselves become his vassals, and in evidence of their opposition to Christ, and in recognition of Satan's sovereignty, and their subjection, they are appointed to pay these back-meals.

4. Let it be supposed, that after Nebuchadnezzar had made the decree, for all to fall down and worship his image, and the three children were apprehended for refusing it, he had made another, that all the Jews especially should contribute, every one a faggot, or money to buy it, to heat the furnace, or a rope to lead them to it; can any man suppose, that Daniel, or the rest of the faithful, would have paid it? Even so, let it be supposed, that any one of these faithful ambassadors of Christ, or all these zealous workers together with God, who have laboured among the people in the preached gospel, should fall into the hands of these hunters, and then they should make a law, and appoint every man in the nation to send but one thread, to make a tow, to hang that minister, or to hang the whole company of Christ's ambassadors, and a farthing to pay the executioner: can any man, without horror, think of complying so far as to contribute what is commanded? Or would not a gracious man, frighted into an abhorrence at the atrociousness of the wickedness, or fired into a flame of zeal for God, say without demur, as not daunted with fear of what flesh could do unto him, I will rather venture my all to keep them alive, or be hanged with them, than by doing what is demanded, be brought forth and classed in the cursed and cruel company of those who shall be dragged before the tribunal of Christ, with their fingers dyed and dropping with the blood of those who are peculiarly dear to him? I know it will be said, that in all these cases it would be a clear case of confession. Well, that's all I would have granted: for that which doth overbalance to a testimony, in all the cases mentioned, is so far from being wanting in the cases now under consideration, that they have all to enforce the duty, that all of them put together do include; as will be clear to any who consider, 1. The preciousness of the things and interests to be destroyed. 2. The concurrence called for from every one, that this desperate design may be accomplished. 3. The great, manifold and indispensable obligations all are under, not only to abstain from the required concurrence, but to preserve also and maintain these things in opposition to all whom Satan sets on work to serve him in this expedition against the Son of God, and to do it, or endeavour it with the loss of life, and all things dearest to men, to the end, that these things which are Satan's eye sore, as only obstructive of his kingdom, may be preserved among the poor remnant, and propagate in their power and purity to the posterity. Happy he, who shall be found so doing now, when the dragon and his angels are drawn into the fields, and have proclaimed the war, and published to the world the causes thereof; so that now this general having laid aside all his old disguises, doth in his true shape march upon the head of his black legions, who wear his badge and colours, and fight under his banner and standard.

III. In the last place, with all possible brevity, I shall offer some reasons against compliance with these exactions in cumulo.

1. To pay these impositions, upon such declared accounts, for such declared causes, and for such declared ends, would condemn the contendings and sufferings of many eminently godly, especially in our day, who have refused them. Of these questions and sufferings thereupon, among the godly in former times, we cannot instruct much for such insolent impositions, as to all the dimensions of their heinousness, were never heard before. But we want not examples of the saints refusing to give their money and other such things to wicked men, either to comply with their wicked demands, obey their wicked laws, encourage their wicked courses, or further their wicked designs. In scrpture we find Paul would not give Felix money that he might be loosed, though he sent for him often for that end, Acts xxiv. 26.

Mr. Durham in his exposition of the revelation, chap. vi. ver. 9. Lect. 6. gives an account, 'That when in the persecution of Dioclesian, the persecutors sought but the bibles, poor coats, money, or cups (wherewith they served) to be given them, as some evidence of their ceding: but they refused to accept deliverance upon these terms; yea, when the soldiers, partly wearying to be so bloody, partly desirous of seeming victory over Christians, did profess themselves content to take any old paper or clout in place of the bible, they refused to give any Ecvola, or cast-away clout; yea, when soldiers would violently pluck such things from them against their wills, they would follow them, professing their adherence unto the truth, and that they had not any way willingly delivered these things, as is to be seen in Baronius, An. 302, p. 748. it is reported of one Marcus Arethusius, who was put to torment under Julian, because he would not build the idol temple which he had formerly demolished, when they were content to accept some part of the expences from him, and to spare his life, he refused to give obolum, or one half penny, Sozom. lib. 5. 9. Cent. Mag. Cent. 4. p. 797 and 833. By which and many other instances we may see, how resolutely the primitive saints held fast their testimonies: from which especially they were called martyrs or witnesses; and by which often, not only many weak ones were strengthened, but also many persecutors convinced, and made to cry out, Certainly great is the God of the Christians; while as they saw, that no allurements on the one side, nor terrors on the other, could make them loose their grips, but still truth and Christ were borne witness unto, and well spoken of by them. It will not be unnecessary here to consider some of Mr. Durham's observations on the fourth lecture; for clearing whereof he adduced these matters of fact, such as Obs. 7. That the giving of a testimony by outward confession of the truth, when called for, is necessary and commendable, as well as soundness of faith; yea, it is oftentimes the outward testifying of the truth before men, more than the faith of it before God, that bringeth on suffering: and there was nothing more abhorred in the primitive Christians than dissembling of a testimony, to evite suffering, as appeareth in Augustine's writings concerning a lie, and against a lie, and the writings of others to that purpose. Obs. 8. That every truth of the word may be a ground of suffering warrantably: for the least thing that hath a truth in it, as well as the more concerning fundamental truths, is the word of God, and so cannot be dispensed with by his people. Obs. 9. Every truth in the word hath an outward testimony joined to it, and sometimes may be called for upon very great hazards. Obs. 10. When it is called for, this testimony or confession to any truth before men, is no less necessary, and ought as peremptorily to be held and stuck to as the former; therefore it is called (Rom. x.) Confession unto salvation, and called for by a peremptory certification, Matth. x. 32, 33. Obs. 11. That these who are found in the faith of the word, will be also exceeding tenacious of their testimony; in scripture, and in primitive times, we will find the saints sticking at, and hazarding themselves on things which appear of very small moment, yet were to them of great concernment, because of the testimony, which was involved in them, which they would not let go. Such was Mordecai, Esther iii. Daniel vi. his not shutting of his windows. Yea further, in his lately printed sermons on Matth. xvi. 24. Serm. 7. p. 155. the same author saith; there is not in some respect a more and a less in the matter of duty, and in the matter of truth, or in respect of suffering. And a little after, Sect. 5. he says, we would not limit sufferings for Christ to things simply lawful or unlawful; for it may be sometimes for things indifferent in their own nature, which yet being so and so circumstantiated to us, may draw on suffering; a thing may be indifferent and lawful to some, which to others, stated under such and such circumstances may be counted a receding from some part of a just testimony; even though the matter be not such in itself, and in its own nature, yet it may be so circumstantiate to some persons, as it may be liable to that construction, if they shall recede from or forbear it; as in the example of Daniel, who suffered for opening his windows, which was a thing indifferent in itself, and not essential to his worshipping of God; but—he finds himself bound in conscience, and that on very just ground, to do as he was wont to do before, and that on the manifest hazard of his life, lest his malicious enemies should have it to say, that he receded from his duty, and that he thought more shame now, or was more afraid now, than before, to worship the true God.'