66

Gilby de Obedientiâ, p. 25 and 105.

Kings have their authority of the people, who may upon occasion reassume it to themselves."

'England's Complaint against the Canons. "The people may kill wicked princes as monsters and cruel beasts."

'Christopher Goodman of Obedience. "When kings or rulers become blasphemers of God, oppressors and murderers of their subjects, they ought no more to be accounted kings or lawful magistrates, but as private men to be examined, accused, and condemned and punished by the law of God, and being convicted and punished by that law, it is not man's but God's doing." C. x. p. 139.

of England, the protestants, might be persuaded in the truth of that doctrine concerning obedience to magistrates. Whittingham in Prefat.

"These were the true protestant divines of England, our fathers in the faith we hold; this was their sense, who for so many years labouring under prelacy, through all storms and persecutions kept religion from extinguishing; and delivered it pure to us, till there arose a covetous and ambitious generation of divines, (for divines they call themselves!) who, feigning on a sudden to be new converts and proselytes from episcopacy, under which they had long temporised, opened their mouths at length, in shew against pluralities and prelacy, but with intent to swallow them down both; gorging themselves like harpies on those simonious places and preferments of their outed predecessors, as the quarry for which they hunted, not to plurality only but to multi

their brethren, and aspiring under another title to the same authority and usurpation over the consciences of all men.

"No person is exempt by any law of God from this punishment: be he king, queen, or emperor, he must die the death; for God hath not placed them above others, to transgress his laws as they list, but to be subject to them as well as others; and if they be subject to his laws, then to the punishment also, so much the more as their example is more dangerous." C. xiii. p. 184.

“When magistrates cease to do their duty, the people are as it were without magistrates, yea, worse, and then God giveth the sword into the people's hand, and he himself is become immediately their head." P. 185. "If princes do right, and keep promise with you, then do you owe to them all humble obedience; if not, ye are discharged, and your study ought to be in this case how ye may depose and punish according to the law such rebels against God, and oppressors of their country." P. 190.

This Goodman was a minister of the English church at Geneva, as Dudley Fenner was at Middleburgh, or some other place in that country. These were the pastors of those saints and confessors, who, flying from the bloody persecution of Queen Mary, gathered up at length their scattered members into many congregations; whereof some in upper, some in lower Germany, part of them settled at Geneva; where this author having preached on this subject to the great liking of certain learned and godly men who heard him, was by them sundry times and with much instance required to write more fully on that point. Who thereupon took it in hand, and conferring with the best learned in those parts, (among whom Calvin was then living in the same city,) with their special approbation he published this treatise, aiming principally, as is testified by Whittingham in the preface, that his brethren

'Of this faction, diverse reverend and learned divines (as they are styled in the philactery of their own titlepage) pleading the lawfulness of defensive arms against the king, in a treatise called " Scripture and Reason,” seem in words to disclaim utterly the deposing of a king; but both the Scripture, and the reasons which they use, draw consequences after them, which, without their bidding, conclude it lawful. For if by Scripture, and by that especially to the Romans, which they most insist upon, kings, doing that which is contrary to Saint Paul's definition of a magistrate, may be resisted, they may altogether with as much force of consequence be deposed or punished. And if by reason the unjust authority of kings" may be forfeited in part, and his power be reassumed in part, either by the parliament or people, for the case in hazard and the present necessity," as they affirm, p. 34, there can no scripture be alleged, no imaginable reason given, that necessity continuing, as it may always, and they in all prudence and their duty may take upon them to foresee it, why in such a case they may not finally amerce him with the loss of his kingdom, of whose amendment they have no hope. And if one wicked action persisted in against religion, laws, and liberties, may warrant us to thus much in part, why may not forty times as many tyrannies, by him committed, warrant us to proceed on restraining him, till the restraint become total? For the ways of justice are exactest proportion; if for one trespass of a king it require so much remedy or satisfaction, then for twenty more as heinous crimes, it requires of him twenty-fold; and so proportionably, till it come to what is utmost among men. If in these proceedings against their king they may not finish, by the usual course of justice, what they have begun, they could not lawfully begin at all. For this golden rule of justice and morality, as well as of arithmetic, out of three terms which they admit, will as certainly and unavoidably bring out the fourth, as any problem that ever Euclid or Apollonius made good by demonstration.

' And if the parliament, being undeposable but by

|

themselves, as is affirmed, p. 37, 38, might for his whole life, if they saw cause, take all power, authority, and the sword out of his hand, which in effect is to unmagistrate him, why might they not, being then themselves the sole magistrates in force, proceed to punish him, who, being lawfully deprived of all things that define a magistrate, can be now no magistrate to be degraded lower, but an offender to be punished. Lastly, whom they may defy, and meet in battle, why may they not as well prosecute by justice? For lawful war is but the execution of justice against them who refuse law. Among whom if it be lawful (as they deny not, p. 19, 20,) to slay the king himself coming in front at his own peril, wherefore may not justice do that intendedly, which the chance of a defensive war might without blame have done casually, nay purposely, if there it find him among the rest? They ask, p. 19," By what rule of conscience or God, a state is bound to sacrifice religion, laws, and liberties, rather than a prince defending such as subvert them, should come in hazard of his life." And I ask by what conscience, or divinity, or law, or reason, a state is bound to leave all these sacred concernments under a perpetual hazard and extremity of danger, rather than cut off a wicked prince, who sits plotting day and night to subvert them. They tell us, that the law of nature justifies any man to defend himself, even against the king in person: let them shew us then, why the same law may not justify much more a state or whole people, to do justice upon him, against whom each private man may lawfully defend himself; seeing all kind of justice done is a defence to good men, as well as a punishment to bad; and justice done upon a tyrant is no more but the necessary self-defence of a whole commonwealth. To war upon a king, that his instruments may be brought to condign punishment, and thereafter to punish them the instruments, and not to spare only, but to defend and honour him the author, is the strangest piece of justice to be called christian, and the strangest piece of reason to be called human, that by men of reverence and learning, as their style imports them, ever yet was vented. They maintain in the third and fourth section, that a judge or inferior magistrate is anointed of God, is his minister, hath the sword in his hand, is to be obeyed by St. Peter's rule, as well as the supreme, and without difference any where expressed and yet will have us fight against the supreme till he remove and punish the inferior magistrate (for such were greatest delinquents); whenas by Scripture, and by reason, there can no more authority be shewn to resist the one than the other; and altogether as much, to punish or depose the supreme himself, as to make war upon him, till he punish or deliver up his inferior magistrates, whom in the same terms we are commanded to obey, and not to resist. Thus while they, in a cautious line or two here and there stuffed in, are only verbal against the pulling down or punishing of tyrants, all the Scripture and the reason, which they bring, is in every leaf direct and rational, to infer it altogether as lawful, as to resist them. And yet in all their sermons, as hath by others been well noted, they went much further.

For divines, if we observe them, have their postures, and their motions no less expertly, and with no less variety, than they that practise feats in the Artilleryground. Sometimes they seem furiously to march on, and presently march counter; by and by they stand, and then retreat; or if need be can face about, or wheel in a whole body, with that cunning and dexterity as is almost unperceivable; to wind themselves by shifting ground into places of more advantage. And providence only must be the drum, providence the word of command, that calls them from above, but always to some larger benefice, or acts them into such or such figures and promotions. At their turns and doublings no men readier, to the right, or to the left; for it is their turns which they serve chiefly; herein only singular, that with them there is no certain hand right or left, but as their own commodity thinks best to call it. But if there come a truth to be defended, which to them and their interest of this world seems not so profitable, straight these nimble motionists can find no even legs to stand upon; and are no more of use to reformation thoroughly performed, and not superficially, or to the advancement of truth, (which among mortal men is always in her progress,) than if on a sudden they were struck maim and crippled. Which the better to conceal, or the more to countenance by a general conformity to their own limping, they would have Scripture, they would have reason also made to halt with them for company; and would put us off with impotent conclusions, lame and shorter than the premises. In this posture they seem to stand with great zeal and confidence on the wall of Sion; but like Jebusites, not like Israelites, or Levites: blind also as well as lame, they discern not David from Adonibezec: but cry him up for the Lord's anointed, whose thumbs and great toes not long before they had cut off upon their pulpit cushions. Therefore he who is our only king, the root of David, and whose kingdom is eternal righteousness, with all those that war under him, whose happiness and final hopes are laid up in that only just and rightful kingdom, (which we pray incessantly may come soon, and in so praying wish hasty ruin and destruction to all tyrants,) even he our immortal King, and all that love him, must of necessity have in abomination these blind and lame defenders of Jerusalem; as the soul of David hated them, and forbid them entrance into God's house, and his own. But as to those before them, which I cited first (and with an easy search, for many more might be added) as they there stand, without more in number, being the best and chief of protestant divines, we may follow them for faithful guides, and without doubting may receive them, as witnesses abundant of what we here affirm concerning tyrants. And indeed I find it generally the clear and positive determination of them all, (not prelatical, or of this late faction subprelatical,) who have written on this argument; that to do justice on a lawless king, is to a private man unlawful; to an inferior magistrate lawful: or if they were divided in opinion, yet greater than these here alleged, or of more authority in the church, there can be none produced.

to disable these, or by bringing these against themselves in other cited passages of their books, he will not only fail to make good that false and impudent assertion of those mutinous ministers, that the deposing and punishing of a king or tyrant " is against the constant judgment of all protestant divines," it being quite the contrary; but will prove rather what perhaps he intended not, that the judgment of divines, if it be so various and inconstant to itself, is not considerable, or to be esteemed at all. Ere which be yielded, as I hope it never will, these ignorant assertors in their own art will have proved themselves more and more, not to be protestant divines, whose constant judgment in this point they have so audaciously belied, but rather to be a pack of hungry church-wolves, who in the steps of

double livings and pluralities, advowsons, donatives, inductions, and augmentations, though uncalled to the flock of Christ, but by the mere suggestion of their bellies, like those priests of Bel, whose pranks Daniel found out; have got possession, or rather seized upon the pulpit, as the strong hold and fortress of their sedition and rebellion against the civil magistrate. Whose friendly and victorious hand having rescued them from the bishops their insulting lords, fed them plenteously, both in public and in private, raised them to be high and rich of poor and base; only suffered not their covetousness and fierce ambition (which as the pit that sent out their fellow-locusts hath been ever bottomless and boundless) to interpose in all things, and over all persons, their impetuous ignorance and importunity.'

|

even to the expense of their blood and fortunes, will maintain and uphold his majesty, his heirs and lawful successors, their rights, prerogatives, government, and authority, and thereunto freely and heartily will render all due obedience.

Of which faithful and loyal recognition and declaration, so seasonably made by the said Roman Catholics, his majesty is graciously pleased to accept, and accordingly to own them his loyal and dutiful subjects: and is further graciously pleased, to extend unto them the following graces and securities.

I. IMPRIMIS, it is concluded, accorded, and agreed upon, by and between the said lord lieutenant, for, and on the behalf of his most excellent majesty, and the said general assembly, for, and on the behalf of the said Roman Catholic subjects; and his majesty is graciously pleased, That it shall be enacted by act to be passed in the next parliament to be held in this kingdom, that all and every the professors of the Roman Catholic religion, within the said kingdom, shall be free and exempt from all mulets, penalties, restraints, and inhibitions, that are or may be imposed upon them by any law, statute, usage, or custom whatsoever, for, or concerning the free exercise of the Roman Catholic religion and that it shall be likewise enacted, That the said Roman Catholics, or any of them, shall not be questioned or molested in their persons, goods, or estates, for any matter or cause whatsoever, for, concerning, or by reason of the free exercise of their religion, by virtue of any power, authority, statute, law, or usage whatsoever and that it shall be further enacted, That no Roman Catholic in this kingdom shall be compelled to exercise any religion, form of devotion, or divine service, other than such as shall be agreeable to their conscience; and that they shall not be prejudiced or molested in their persons, goods, or estates, for not observing, using, or hearing the book of common prayer, or any other form of devotion or divine service, by virtue of any colour or statute made in the second year of queen Elizabeth, or by virtue or colour of any other law, declaration of law, statute, custom, or usage whatsoever, made or declared, or to be made or declared: and that it shall be further enacted, that the professors of the Roman Catholic religion, or any of them, be not bound or obliged to take the oath, commonly called the oath of Supremacy, expressed in the statute of 2 Elizabeth, c. 1, or in any other statute or statutes: and that the said oath shall not be tendered unto them, and that the refusal of the said oath shall not redound to the prejudice of them, or any of them, they taking the oath of allegiance in hæc verba, viz. "I A. B. do hereby acknowledge, profess, testify, and declare in my conscience, before God and the world, that our sovereign lord king Charles is lawful and rightful king of this realm, and of other his majesty's dominions and countries; and I will bear faith and true allegiance to his majesty, and his heirs and successors, and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever, which shall be made against his or their crown and dignity; and do my best endeavour to disclose and make known to

his majesty, his heirs and successors, or to the lord deputy, or other his majesty's chief governor or governors for the time being, all treason or traiterous conspiracies, which I shall know or hear to be intended against his majesty, or any of them: and I do make this recognition and acknowledgment, heartily, willingly, and truly, upon the true faith of a Christian; so help me God," &c. Nevertheless, the said lord lieutenant doth not hereby intend, that any thing in these concessions contained shall extend, or be construed to extend, to the granting of churches, church-livings, or the exercise of jurisdiction, the authority of the said lord lieutenant not extending so far; yet the said lord lieutenant is authorized to give the said Roman Catholics full assurance, as hereby the said lord lieutenant doth give unto the said Roman Catholics full assurance, that they or any of them shall not be molested in the possession which they have at present of the churches or church-livings, or of the exercise of their respective jurisdictions, as they now exercise the same, until such time as his majesty, upon a full consideration of the desires of the said Roman Catholics in a free parliament to be held in this kingdom, shall declare his further pleasure.

II. Item, It is concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that a free parliament shall be held in this kingdom within six months after the date of these articles of peace, or as soon after as Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, will desire the same, so that by possibility it may be held; and that in the mean time, and until the articles of these presents, agreed to be passed in parliament, be accordingly passed, the same shall be inviolably observed as to the matters therein contained, as if they were enacted in parliament: and that in case a parliament be not called and held in this kingdom within two years next after the date of these articles of peace, then his majesty's lord lieutenant, or other his majesty's chief governor or governors of this kingdom for the time being, will, at the request of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, call a general assembly of the lords and commons of this kingdom, to attend upon the said lord lieutenant, or other his majesty's chief governor or governors of this kingdom for the time being, in such convenient pla e, for the better settling of the affairs of the kingdom. And it is further concluded, accorded, and agreed upon, by and between the said parties, that