tribe The Pope is but a swelled fat Prelate and what he saith of Popes he saith of his own house 6. The Ministers of Christ in Scotland had never a contest with King Iames but for his sinnes and his conniving with Papists and his introducing Bishops the usher of the Pope QUEST XLIII Whether the King of Scotland be an absolute Prince having Prerogatives above Parliament and Laws The Negative is asserted by the Lawes of Scotland the Kings Oath of Coronation the Confession of Faith c. THe negative part of this I hold in these Assertions Assert 1. The Kings of Scotland have not any Prerogative distinct from Supremacie above the Lawes 1. If the People must be governed by no Lawes but by the Kings own Lawes that is the Lawes and Statutes of the Realme acted in Parliament under paine of disobedience then must the King governe by no other Lawes and so by no Prerogative above Law But the former is an evident truth by our Acts of Parliament ergo so is the latter The Proposition is confirmed 1. Because what ever Law enjoyneth passive obedience no way but by Lawes that must injoyne also the King actively to command no other way but by Law for to be governed by Law essentially includeth to be governed by the Supreme Governour only by Law 2. An act of Regall governing is an act of Law and essentially an act of Law an act of absolute Prerogative is no act of Law but an act above Law or of pleasure loosed from Law and so they are opposed as acts of Law and non acts of Law If the Subjects by command of the King and Parliament cannot be governed but by Law How can the King but be under his own and the Parliaments Law to governe only by Law I prove the Assumption from Parl. 3. of K. Iames the 1. Act 48. Ordaines That all and sundry the Kings Lieges be governed under the Kings Laws and Statutes of the Realme allanerly and under no particular Lawes or speciall Priviledges nor by any Lawes of other Countries or Realmes Priviledges doe exclude Lawes Absolute pleasure of the King as a Man and the Law of the King as King are opposed by way of contradiction and so in Parl. 6. K. James 4. Act. 79. and ratified Parl. 8. K. Iames 6. Act. 131. 2. The King at his Coronation 1. Par. K. James 6. Act. 8. sweareth to maintaine the true Kirk of God and Religion now presently professed in puritie And to rule the People according to the Lawes and Constitutions received in the Realme causing Justice and equitie to be ministred without partialitie This did King Charles sweare at his Coronation and ratified Parl. 7. K. Iam. 6. Act. 99. Hence he who by the Oath of God is limited to governe by Law can have no Prerogative above the Law If then the King change the Religion Confession of Faith authorised by many Parliaments especially by Parliament 1. K. Charles An. 1633. He goeth against his Oath 3. The Kings Royall Prerogative or rather Supremacie enacted Parl. 8. K. James 6. Act. 129. and Parl. 18. Act. 1. and Parl. 21. Act. 1. K. Iames and 1 Parl. K. Charles Act. 3. cannot 1. be contrary to the Oath that K. Charles did sweare at his Coronation which bringeth down the Prerogative to governing according to the standing Lawes of the Realme 2. It cannot be contrary to these former Parliaments and Acts declaring that the Lieges are to be governed by the Lawes of the Realme and by no particular Lawes and speciall Priviledges but absolute Prerogative is a speciall Priviledge above or without Law which Acts stand unrepealed to this day and these Acts of Parliaments stand ratified An. 1633. the 1 Parl. K. Charles 3. Parl. 8. K. Iames 6. in the first three Acts thereof the Kings Supremacie and the power and authoritie of Parliaments are equally ratified under the same paine Their jurisdictions power and judgements in Spirituall or Temporall causes not ratified by His Majestie and the three Estates conveened in Parliament are discharged But the Absolute Prerogative of the King above Law Equity and Iustice was never ratified in any Parliament of Scotland to this day 4. Parliam 12. K. Iames 6. Act. 114. All former Acts in favour of the true Church and Religion being ratified Their power of making Constitutions concerning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Order and Decency the Priviledges that God hath given to spirituall Office-bearers as well of Doctrine and Discipline in matters of Heresie Excommunication Collation Deprivation and such like warranted by the Word of God and also to Assembles and Presbyteries are ratified Now in that Parliament in Acts so contiguous we are not to think That the King and three Estates would make Acts for establishing the Churches power in all the former heads of Government in which Royalists say The soul of the Kings Absolute Prerogative doth consist And therefore it must be the true intent of our Parliament to give the King a Supremacy and a Prerogative Royall which we also give but without any Absolutenesse of boundlesse and transcendent power above Law and not to obtrude a Service-Book and all the Superstitious Rites of the Church of Rome without Gods Word upon us 5. The former Act of Parliament ratifieth the true Religion according to the Word of God then could it never have been the intent of our Parliament to ratifie an Absolute supremacy according to which a King might govern his people as a Tyrannous Lion contrary to Deut. 17.18 19 20. And 't is true The 18. P. of King James 6. Act. 1. and Act. 2. upon personall qualifications giveth a Royall Prerogative to King James over all causes persons and estates within His Majesties Dominion whom they humbly acknowledge to be Soveraign Monarch Absolute Prince Judge and Governour over all Estates Persons and Causes These two Acts for my part I acknowledge spoken rather in Court-expressions then in Law-termes 1. Because personall vertues cannot advance a limited Prince such as the Kings of Scotland Post hominum memoriam ever were to be an Absolute Prince Personall graces make not David absolutely supreme Judge over all persons and causes nor can King James advanced to be King of England be for that made more King of Scotland and more supreme Iudge then he was while he was onely King of Scotland A wicked Prince is as essentially supreme Iudge as a godly King 2. If this Parliamentary figure of speech which is to be imputed to the times exalted King James to be Absolute in Scotland for his personall indowments there was no ground to put the same on King Charls Personall vertues are not alway Hereditary though to me the present King be the best 3. There is not any Absolutenesse above Law in the Act. 1. The Parliament must be more absolute themselves King James 6. had been divers yeers before this 18. Parl. King of Scotland then if they gave him by Law an Absolutenesse which he had
be regarded This is a strong Argument that the Parliaments never made the King supreame Iudge Quoad actus elicitos in all causes nay not if the King have a Cause of his owne that concerneth Lands of the Crowne farre lesse can the King have a will of Prerogative above the Law by our Lawes of Scotland And therefore when in the eighth Parliament King Ia. 6. the Kings Royall Power is established in the first Act the very next act immediatly subjoyned thereunto declareth the authority of the supreame Court of Parliament continued past all memory of man unto this day and constitute of the free voices of the three estates of this ancient Kingdome which in the Parliament 1606. is called The ancient and fundamentall policy of this Kingdome and so fundamentall as if it should be innovate such confusion would ensue as it could no more be a free Monarchy as is exprest in the Parliaments printed Commission 1604. by whom the same under God hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the Lawes and Acts of Parliament by which all men are governed made and established and appointeth the Honour Authority and Dignity of the Estates of Parliament to stand in their owne integrity according to the ancient and laudable custome by past without alteration or diminution and therefore dischargeth any to presume or take in hand To impugne the dignity and the authority of the said Estates or to seeke or procure the innovation or diminution of their power or authority under the paine of Treason and therefore in the next Act they discharge all Iurisdictions or Judicatories albeit appointed by the Kings Majesty as the High Commission was without their Warrant and approbation and that as contrary to the fundamentall Laws above titled 48. Act. Parl. 3. K. Ia. 1. and Act. 79. Parl. 6. King Ia. 4. whereby the Lieges should only be ruled by the Lawes or Acts past in the Parliament of this Kingdome Now what was the ancient Dignity Authority and power of the Parliaments of Scotland which is to stand without diminution that will be easily and best known from the subsequent passages or Historians which can also be very easily verified by the old Registers whensoever they should be produced In the meane time remember that in Parliament and by Act of Parl. K. Ia. 6. for observing the due order of Parliament promiseth never to doe or command any thing which may directly or indirectly prejudge the libertie of free reasoning or voting of Parliament K. Ia. 6. Parl. 11. Act. 40. And withall to evidence the freedome of the Parliament of Scotland from that absolute unlimited Prerogative of the Prince and their libertie to resist his breaking of Covenant with them or Treaties with forraigne Nations Ye shall consider 1. That the Kings of Scotland are obliged before they be inaugurate to sweare and make their faithfull Covenant to the true Kirk of God that they shall maintaine defend and set forward the true Religion confessed and established within this Realme even as they are obliged and astricted by the Law of God aswell in Deuteronomie as in the 11 chap. of the 2. book of the Kings and as they crave obedience of their subjects So that the bond and contract shall be mutuall and reciprocall in all time comming between the Prince and the People according to the Word of God as is fully exprest in the Register of the convention of Estates Iuly 1567. 2. That important Acts and Sentences at home whereof one is printed 112 Act. Parl. 14. K. Ia. 3. and in Treaties with Forraigne Princes the Estates of Parliament did append their severall Seales with the Kings Great Seale which to Grotius Barclaius and Arnisaeus is an undeniable argument of a limited Prince as well as the stile of our Parliament that the Estates with the King ordaine ratifie rescind c. as also they were obliged in case of the Kings breaking these Treaties to resist him therein even by armes and that without any breach of their allegiance or of his Prerogative as is yet extant in the records of our old Treaties with England and France c. But to goe on and leave some high mysteries unto a rejoynder And to the end I may make good that nothing is here taught in this Treatise but the very Doctrine of the Church of Scotland I desire that the Reader may take notice of the larger Confession of the Church of Scotland printed with the Syntagme and body of the Confessions at Geneva anno MDCXII and authorized by King Iames the 6. and the three Estates in Parliament and printed in our Acts of Parliament Parl. 15. K. Iames 6. An. 1567. Amongst good works of the Second Table saith our Confession art 14. are these To honour Father Mother Princes Rulers and superiour Powers To love them to support them yea to obey their Charge not repugning to the commandement of God to save the lives of innocents to represse Tyrannie to defend the oppressed to keep our bodies cleane and holy c. The contrary whereof is To disobey or resist any that God hath placed in Authoritie while they passe not over the bounds of their office to murther or to consent thereunto to beare hatred or to let innocent blood be shed if we may withstand it c. Now the Confession citeth in the margin Ephes. 6.1.7 and Ezek. 22.1 2 3 4 c. where it is evident by the name of Father and Mother all inferiour Iudges as well as the King and especially the Princes Rulers and Lords of Parliament are understood 2. Ezek. 22. The bloody City is to be judged because they releeved not the oppressed out of the hand of bloody Princes v. 6. who every one of them were to their power to shed innocent blood 3. To resist superiour powers and so the Estates of Parliament as the Cavaliers of Scotland doe is resistance forbidden Romans 13.1 the place is also cited in the confession And the Confession exponeth the place Romans 13. according to the interpretation of all sound Expositers as is evident in these words Art 24. And therefore we confesse and avouch that such as resist the supreame power doing that thing which appertaineth to his charge doe resist Gods ordinance and therefore cannot be guiltlesse And further we affirme that whosoever denyeth unto them aide their counsell and comfort while as the Princes and Rulers vigilantly travell in execution of their Office that the same men deny their helpe support and counsell to God who by the presence of his Lieutenant craves it of them From which words we have cleare 1. That to resist the King or Parliament is to resist them while as they are doing the thing that appertaineth to their charge and while they vigilantly travell in the execution of their office But while King and Parliament doe acts of Tyranny against Gods Law and all good Lawes of men they doe not the things
Confession of Faith being ratified in Acts made by the three Estates that the Kings must sweare at their Coronation In the presence of the eternall God that they shall maintaine the true Religion right Preaching and administration of the Sacraments now received and preached within this Realme and shall abolish and gain-stand all false Religions contrary to the same and shall rule the people committed to their charge according to the will of God laudable Lawes and Constitutions of the Realme c. The 1. Parl. of K. Iames the 6. 1567. approveth the Acts Parl. 1560. conceived only in name of the States without the King and Queen who had deserted the same So saith the Act 2.5.4.20.28 And so this Parliament wanting the King and Queenes authoritie is confirmed Parl. 1572. Act. 51. K. Ia. 6. and Parl. 1581. Act. 1. and Parl. 1581. Act. 115. in which it is declared That they have been Common lawes from their first Date and all are ratified Parl. 1587. and Parl. 1592. Act. 1. and stand ratified to this day by K. Charles his Parliament An. 1633. The Act of the Assemblie 1566. commendeth that Parliament 1560. as the most lawfull and free Parliament that ever was in the Kingdome Yea even Parl. 1641. King Charles himselfe being present an Act was passed upon the occasion of the Kings illegall imprisoning of the Laird of Langtoune That the King hath no power to imprison any Member of the Parliament without consent of the Parliament Which Act to the great prejudice of the libertie of the Subject should not have been left unprinted for by what Law the King may imprison one Member of the Parliament by that same reason he may imprison two and twenty and a hundreth and so may he clap up the whole Free Estates and where shall then the highest Court of the Kingdome be All Polititians say The King is a limited Prince not absolute where the King giveth out Lawes not in his own name but in the name of himselfe and the Estates judicially conveened Pag. 33. of the old Acts of Parliament Members are summoned to treat and conclude The duty of Parliaments and their power according to the Laws of Scotland may be seen in the Historie of Knox now printed at London An. 1643. in the Nobles proceeding with the Queen who killed her Husband and maried Bodwell and was arraigned in Parliament and by a great part condemned to death by many to perpetuall imprisonment King Charles received not Crown Sword and Scepter while first he did sweare the Oath that King Iames his Father did sweare 2. He was not crowned till one of every one of the three Estates came and offered to him the Crown 3. With an expresse condition of his duty before he be crowned After King Charles said I will by Gods assistance bestow my life for your defence wishing to live no longer then that I may see this Kingdome flourish in happinesse Thereafter the King shewing himselfe on a Stage to the people the P. Archbishop said Sir I doe present unto you King Charles the right descended inheritor the Crown and dignitie of this Realme appointed by the Peeres of the Kingdome And Are ye not willing to have him for your King and become subject to him The King turning himselfe on the stage to be seen of the People They declare their willingnesse by crying God save King Charles Let the King live QUEST XLIV Generall results of the former Doctrine in some few Corollaries or straying Questions fallen off the Road-way answered briefly QUest 1. Whether all Governments be but broken Governments and deviations from Monarchie Answ. It is denyed There is no lesse somewhat of Gods authoritie in Government by many or some of the choisest of the People than in Monarchie nor can we judge any Ordinance of Man unlawfull for we are to be subject to all for the Lords sake 1 Pet. 2.13 Tit. 3.1 1 Tim. 2.1 2 3.2 Though Monarchie should seeme the rule of all other Governments in regard of resemblance of the supreme Monarch of all Yet is it not the morall rule from which if other Governments shall erre they are to be judged sinfull deviations Quest. 2. Whether is Royaltie an immediate issue and spring of Nature Answ. No For man fallen in sinne knowing naturally he hath need of a Law and a Government could have by reason devised Governors one or moe and the supervenient institution of God comming upon this Ordinance doth more fully assure us that God for mans good hath appointed Governours but if we consult with Nature many Iudges and Governors to fallen Nature seeme nearer of blood to Nature then one only for two because of mans weaknesse are better then one Now Nature seemeth to me not to teach that one onely sinfull man should be the sole and onely Ruler of a whole Kingdome God in his Word ever joyned with the Supreme Ruler many Rulers who as touching the essence of a Iudge which is to rule for God were all equally Iudges some reserved Acts or a longer cubite of power in regard of extent being due to the King Quest. 3. Whether Magistrates as Magistrates be naturall Answ. Nature is considered as whole and sinlesse or as fallen and broken In the former consideration that either man should stand in need of any to compell him with the sword to doe his duty and not oppresse was no more naturall to man than to stand in need of Lictors and Hangmen or Physitians for the body which in this state was not in a capacitie of sicknesse or death And so Government by Parents and Husbands was only naturall in the latter consideration Magistrates as Magistrates are two wayes considered 1. According to the knowledge of such an Ordinance 2. According to the actuall erection of the practice of the office of Magistrates In the former notion I humbly conceive that by Natures light Man now fallen and broken even under all the fractions of the powers and faculties of the soule doth know that promises of reward feare of punishment and the coactive power of the Sword as Plato said are naturall meanes to move us and wings to promote obedience and to doe our duty And that Government by Magistrates is naturall But in the second relation it is hard to determine that Kings rather then other Governours are more naturall Quest. 4. Whether Nature hath determined that there should be one supreme Ruler a King or many Rulers in a free Commnitie Answ. It is denyed Quest. 6. Whether every free Commonwealth hath not in it a supremacie of Majestie which it may formally place in one or many Answ. It is affirmed Quest. 6. Whether absolute and unlimited power of Royaltie be a ray and beame of Divine Majestie immediately derived from God Answ. Not at all Such a creature is not in the world of Gods creation Royalists and flatterers of Kings are parents to this prodigious birth There is no shadow of power to doe ill in God An
if the people have this it s a creating of a King under God who principally disposeth of Kings and Kingdomes and this is enough for us The want of this made Zimri no King and those whom the Rulers of Iezreel at Samaria 2 King 10. refused to make Kings no Kings This election of the people made Athaliah a Princesse the removall of it and translation of the crown by the people to Ioash made her no Princesse for I beseech you what other calling of God hath a race of a familie and a person to the crowne but only the election of the States There is now no voice from heaven no immediately inspired Prophets such as Samuel and Elisha to annoynt David not Eliab Solomon not Adoniah The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the heroick spirit of a Royall facultie of governing is I grant from God only not from the people but I suppose that maketh not a King for then many sitting on the throne this day should be no Kings and many private persons should be Kings If he meane by the peoples choosing nothing but the peoples approbative consent posterior to Gods act of creating a King let them shew us an act of God making Kings and establishing royall power in such a familie rather then in such a familie which is prior to the peoples consent distinct from the peoples consent I believe there is none at all 4. Arg. Hence I argue If there be no calling or title on earth to tie the Crown to such a Familie and Person but the suffrages of the people then have the line of such a familie and the persons now no calling of God no right to the crown but only by the suffrages of the people except we say that there be no lawfull Kings on earth now when Propheticall unction and designation to Crowns are ceased contrary to expresse Scripture Rom. 13.1 2 3. 1 Pet. 2.13 14 15 16 17. But there is no title on earth now to tye crownes to families to persons but onely the suffrages of the people for 1. Conquest without the consent of the people is but royall latrocinie as we shall see 2. There is no propheticall and immediate calling to Kingdomes now 3. The Lords giving of Regall parts is somewhat but I hope Royallists will not deny but a child young in yeares and judgment may be a lawfull King 3. Mr. Maxwell his appointing of the Kingly office doth no more make one man a lawfull King then another for this were a wide consequence God hath appointed that Kings should be ergo Iohn a Stiles is a King yea ergo David is a King It followeth not Therefore it remaineth only that the suffrages of the people of God is that just title and divine calling that Kings have now to their crownes I presuppose they have gifts to governe from God 5. If the Lords immediate designation of David and his annointing by the divine authoritie of Samuel had been that which is alone without the election of the people made David formally King of Israel then there were two Kings in Israel at one time for Samuel annointed David and so he was formally King upon the ground layed by Royallists that the King hath no royall power from the people and David after he himselfe was annointed by Samuel divers times calleth Saul the Lords anointed and that by the inspiration of Gods spirit as we and Royallists doe both agree Now two lawfull supreme Monarchs in one Kingdome I conceive to be most repugnant to Gods truth and sound reason for they are as repugnant as two most Highs or as two Infinites 2. It shall follow that David all the while betwixt his anointing by Samuel and his coronation by the suffrages of all Israel at Hebron 1. Was in-lacking in discharging and acquiting himselfe of his royall duty God having made him formally a King and so laying upon him a charge to execute justice and judgement and defend Religion which he did not discharge 2. All Davids suffering upon Davids part must be unjust for as King he should have cut off the murtherer Saul who killed the Priests of the Lord especially seeing Saul by this ground must be a private murtherer and David the only lawfull King 3. David if he was formally King deserted his calling in flying to the Philistims for a King should not forsake his Kingdome upon no hazards even of his life no more then a Pilot should give over the helme in an extreme storme but certainly Gods dispensation in this warranteth us to say no man can be formally a lawfull King without the suffrages of the peoâ—leâ— for Saul after Samuel from the Lord anointed him remained a private man and no King till the people made him King and elected him And David anointed by that same divine authoritie remained formally a Subject and not a King till all Israel made him King at Hebron And Salomâ—n though by God designed and ordained to be King yet was never King till the people made him King 1 King 1. ergo there floweth something from the power of the people by which he who is no King now becommeth a King formally and by Gods lawfull call whereas before the man was no King but as touâ—hing all royall power a meere private man And I am sure birth must be lesse then Gods designation to a crowne as is cleere Adoniah was elder then Salomon yet God will have Salomon the younger by birth to be King and not Adoniah And so Mr. Symons and other Court-Prophets must prevaricate who will have birth without the peoples election to make a king and the peoples voyces but a ceremonie 6. I thinke Royalists cannot deny but a people ruled by Aristocraticall Magistrates may elect a King and a King so elected is formally made a lawfull King by the peoples election for of six apt and gifted to reigne what maketh one a King and not the other five Certainly God disposing the people to choose this man and not another man it cannot be said but God giveth the Kingly power immediately and by him Kings raigne that is true The Office is immediately from â—od but now the question is what is that which formally applyeth the Office and Royall Power to this Person rather thâ—n to the other five as meet Nothing can here be dreamed of but God inclining the hearts of the States to choose this man and not this men QUEST V. Whether or no P. P. the Author of Sac. San. Regum Majestas called the sacred and Royall Prerogative of Kings proveth that God is the immediate Author of Soveraignty and that the King is no creature of the peoples making COnsider first that the excommunicated Prelate saith cap. 2. p. 19. Kings are not immediatly from God as by any speciall Ordinance sent from Heaven by the ministery of Angels and Prophets there were but some few such as Moses Saul David c. yet something may immediatly proceed from God and be his speciall worke
Britaine whether I say doth conquest in such a violent way speake that it is Gods revealed Will called Voluntas signi the will that is to rule us in all our Morall duties to cast off the just Heires of the blood Royall and to sweare homage to a conquerour and so as that conquerour now hath as just right as the King of Britaine had by birth This cannot be taken off by the wit of any who 1. maintaine that conquest is a lawfull title to a Crowne and 2. that royall birth without the peoples election speaketh Gods regulating Will in his Word that the first borne of a King is a lawfull King by birth for God now a daies doth not say the contrary of what he revealed in his Word If birth be Gods regulating Will that the Heire of the King is in Gods Court a King no act of the conquerour can anull that Word of God to us and the people may not lawfully though they were ten times subdued sweare homage and allegiance to a conquerour against the due right of birth which by Royalists Doctrine revealeth to us the plaine contradictory Will of God It is I grant often Gods Decree revealed by the event that a conquerour be on the Throne but this Will is not our rule and the people are to sweare no Oath of Allegiance contrary to Gods Voluntas signi which is his revealed Will in his Word regulating us 4. Things transferrible and communicable by birth from father to sonne are onely in Law those which Heathen call bona fortunae riches as lands houses monies and heritages and so saith the Law also These things which essentially include gifts of the mind and honour property so called I meane honour founded on vertue as Aristotle with good reason maketh honour praeminum virtutis cannot be communicated by birth from the father to the sonne for royall dignity includeth these three constituent parts essentially of which none can be communicable by birth 1. The royall faculty of governing which is a speciall gift of God above nature is from God Solomon asked it from God and had it not by generation from his father David 2. The royall honour to be set above the people because of this royall vertue is not from the wombe for then Gods spirit would not have said Blessed are thou O Land when thy King is the sonne of Nobles Eccles. 10.17 this honour springing from vertue is not borne with any man nor is any man borne with either the gift or honour to be a Iudge God maketh high and low not birth Nobles are borne to great estates if judging be heritage to any it is a municipall positive law I now speake in point of conscience 3. The externall lawfull title before men come to a Crowne must be Gods Will revealed by such an externall signe as by Gods appointment and warrant is to regulate our will but according to Scripture nothing regulateth our will and leadeth the people now that they cannot erre following Gods rule in making a King but the free suffrages of the States choosing a man whom they conceive God hath endued with these royall gifts required in the King whom God holdeth forth to them in his Word Deut. 17. now there be but these to regulate the people or to be a rule to any man to ascend lawfully in foro Dei in Gods Court to the Throne 1. Gods immediate designation of a man by Propheticall and Divinely inspired unction as Samuel annoynted Saul and David this we are not to expect now nor can Royalists say it 2. Conquest seeing it is an act of violence and Gods revenging Justice for the sinnes of a people cannot give in Gods Court such a just title to the Throne as the people are to submit their consciences unto except God reveale his regulating will by some immediate voice from Heaven as he commanded Iudah to submit to Nebuchadnezer as to their King by the mouth of Ieremiah now this is not a rule to us for then if the Spanish King should invade this Iland and as Nebuchadnezer did deface the Temple and instruments and meanes of Gods Worship and abolish the true worship of God it should be unlawfull to resist him after he had once conquered the Iland neither Gods Word nor the Law of nature could permit this I suppose even by grant of adversaries now no act of violence done to a people though in Gods Court they have deserved it can be a testification to us of Gods regulating Will except it have some warrant from the Law and testimony it is no rule to our conscience to acknowledge him a lawfull Magistrate whose sole law to the Throne is an act of the bloody instrument of divine wrath I meane the sword That therefore Iudah was to submit according to Gods Word to Nebuchadnezer whose conscience and best warranted calling to the Kingdome of Judah was his bloody sword even if we suppose Ieremiah had not commanded them to submit to the King of Babylon I thinke cannot be said 3. Naked birth cannot be this externall signification of Gods regulating Will to warrant the conscience of any to ascend to the Throne for the Authors of this opinion make royall birth equivalent to divine unction for David anoynted by Samuel and so anoynted by God is not King Saul remained the Lords anoynted many yeares not David even anoynted by God the peoples making him King at Hebron founded upon divine unction was not the only externall lawfull calling that we read of that David had to the Throne then royall birth because it is but equivalent only to divine unction not superiour to divine unction it cannot have more force to make a King then divine unction And if birth was equivalent to divine unction what needed Ioash who had royall birth be made King by the people and what needed Saul and David who had more then royall birth even divine unction be made Kings by the people and Saul having the vocall and infallible testimony of a Prophet needed not the peoples election the one at Mizpeh and Gilgall and the other at Hebron 5. If royall birth be as just a title to the Crowne as divine unction and so as the peoples election is no title at all then is it unlawfull that there should be a King by election in the world now but the latter is absurd so is the former I prove the Proposition because where conquerours are wanting and there is no King for the present but the people governing and so much confusion aboundeth they cannot lawfully appoint a King for his lawfull title before God must either be conquest which to me is no title and here and in this case there is no conquest or if the title must be a Propheticall word immediatly inspired by God but this is now ceased or thirdly the title must be royal birth but here there is no royall birth because the government is popular except you imagine that
3. It is not to be thought that that is Gods just Title to a Crowne which hath nothing in it of the essence of a King but a violent and bloody purchase which is in its prevalency in an oppressing Nymrod and the cruellest tyrant that is hath nothing essentiall to that which constituteth a King for it hath nothing of Heroick and Royall wisedome and gifts to governe and nothing of Gods approving and regulating will which must be manifested to any who would be a King but by the contrary cruelty hath rather basenesse and witlesse fury and a plaine reluctancy with Gods revealing Will which forbideth murther Gods Law should say Murther thou and prosper and raigne and by the act of violating the sixt Commandement God should declare his approving Will to wit his lawfull call to a Throne 4. There be none under a Law of God who may resist a lawfull call to a lawfull Office but men may resist any impulsion of God stirring them up to murther the maniest and strongest and cheife men of a Kingdome that they may raigne over the fewest the weakest and the young and lowest of the people against their will therefore this call by the sword is not lawfull If it be said that the Divine impulsion stirring up a man to make a bloody conquest that the ire and just indignation of God in Iustice may be declared on a wicked Nation is an extraordinary impulsion of God who is above a Law and therefore no man may resist it Ans. then all bloody Conquerors must have some extraordinary revelation from Heaven to warrant their yeelding of obedience to such an extraordinary impulsion And if it be so They must shew a lawfull and immediate extraordinary impulsion now but it is certaine the sinnes of the people conquered and their most equall and just demerit before God cannot be a just plea to legitimate the Conquest for though the people of God deserved vastation and captivitie by the Heathen in regard of their sinnes before the throne of Divine Iustice yet the Heathen grievously sinned in conquering them Zach. 1.15 And I am very sore displeased with the Heathen that are at ease for I was but a little displeased and they helped forward the affliction So though Iudah deserved to be made captives and a conquered people because of their idolatry and other sinnes as Ieremiah had prophecied yet God was highly displeased at Babylon for their unjust and bloody Conquest Jer. 50.17 18 33 34. c. 51.35 The violence done to me and to my flesh be upon Babylon shall the inhabitants of Zion say and my blood upon the inhabitants of Chaldea shall Jerusalem say And that any other extraordinary impulsion to be as lawfull a call to the Throne as the peoples free election we know not from Gods word and we have but the naked word of our Adversaries that William the Conquerour without the peoples consent made himselfe by blood the lawfull King of England and also of all their posteritie And that King Fergus conquered Scotland 5. A King is a speciall gift of God given to feed and defend the people of God that they may lead a godly and peaceable life under him Psal. 78. v. 71 72. 1 Tim. 2.2 as it is a judgement of God that Israel is without a King for many dayes Hos. 3.4 and that there is no Iudge no King to put evill doers to shame Iudg. 19.1 but if a King be given of God as a King by the acts of a bloody Conquest to be avenged on the sinfull land over which he is made a King he cannot be given actu primo as a speciall gift and blessing of God to feed but to murther and to destroy for the genuine end of a Conqueror as a Conqueror is not peace but fire and sword If God change his heart to be of a bloody Vastator a father Prince and feeder of the people ex officio now he is not a violent Conquerour and he came to that meeknes by contraries which is the proper worke of the omnipotent God and not proper to man who as he cannot worke miracles so neither can he lawfully worke by contraries and so if Conquest be a lawfull title to a Crown and an ordinary calling as the opponents presume every bloody Conquerour must be changed into a loving father Prince and feeder and if God call him none should oppose him but the whole Land should dethrone their own native Soveraigne whom they are obliged before the Lord to defend and submit to the bloody invasion of a strange Lord presumed to be a just Conqueror as if he were lawfully called to the Throne both by birth and the voyces of the people And truly they deserve no wages who thus defend the Kings Prerogative royall for if the sword be a lawfull title to the crown suppose the two Generals of both Kingdomes should conquer the most and the chiefest of the Kingdome now when they have so many forces in the field by this wicked reason the one should have a lawfull call of God to be King of England and the other to be King of Scotland which is absurd 6. Either conquest as conquest is a just title to the crown or as a just conquest If as Conquest then all conquests are just titles to a Crown then the Ammonites Zidonians Canaanites Edomites c. subduing Gods people for a time have just title to reigne over them and if Absolom had been stronger then David he had then had the just title to be the Lords Anointed and King of Israel not David and so strength actually prevailing should be Gods lawfull call to a Crown But strength as strength victorious is not law nor reason it were then reason that Herod behead John Baptist and the Roman Emperors kill the witnesses of Christ Iesus If Conquest as just be the title and lawfull claime before Gods court to a Crown then certainly a stronger King for pregnant nationall injuries may lawfully subdue and reigne over an innocent posteritie not yet borne But what word of God can 1. warrant a posteritie not borne and so accessarie to no offence against the Conquerour but only sin originall to be under a Conquerour against their will and who hath no right to reigne over them but the bloody sword for so Conquest as Conquest not as just maketh him King over the posterity But 2. the fathers may ingage the posterity by an oath to surrender themselvos as loyall subjects to the man who justly and deservedly made the fathers vassals by the title of the sword of justice I answer the fathers may indeed dispose of the inheritance of their children because that inheritance belongeth to the father as well ar to the sonne but because the liberty of the sonne being borne with the sonne all men being borne free from all Civill subjection the father hath no more power to resigne the libertie of his children then their lives and the
not before then they were more Absolute These who can adde Absolutenesse must have it in themselves Nemo dat quod non habet if it be said King James had that before the Act the Parliament legally declared it to be his power which before the Declaration was his power I answer All he had before this Declaration was to govern the people according to Law and Conscience and no more and if they declare no other Prerogative Royall to be due to him there is an end we grant all But then this which they call Prerogative Royall is no more then a power to govern according to Law and so you adde nothing to King James upon the ground of his personall vertues onely you make an oration to his praise in the Acts of Parliament 4. If this Absolutenesse of Prerogative be given to the King the subjects swearing obedience swear That he hath power from themselves to destroy themselves this is neither a lawfull oath nor though they should swear it doth it oblige them 6. A Supreme Iudge is a supreme father of all his children and all their causes and to be a supreme Father cannot be contrary to a supreme Iudge but contrary it must be if this supremacy make over to the Prince a power of devouring as a Lyon and that by a regall priviledge and by office whereas he should be a father to save or if a Iudge kill an ill-doer though that be an act destructive to one man yet is it an act of a father to the Common-wealth An act of supreme and absolute Royaltie is often an act of destruction to one particular man and to the whole Common-wealth For example when the King out of his Absolute Prerogative pardoneth a murtherer and he killeth another innocent man and out of the same ground the King pardoneth him again and so till he kill twenty for by what reason the Prerogative giveth one pardon he may give twenty there is a like reason above Law for all This act of Absolute Royaltie is such an act of murther as if a shepherd would keep a Woolf in the fold with the sheep he were guilty of the losse of these sheep Now an act of destroying cannot be an act of judging far lesse of a supreme Iudge but of a supreme Murtherer 7. Whereas he is called Absolute Prince and Supreme Judge in all Causes Ecclesiasticall and Civill It is to be considered 1. That the Estates professe in these acts not to give any new Prerogative but onely to continue the old power and that onely with that amplitude and freedom which the King and his Predecessors did enjoy and exerce of before the extent whereof is best known from the Acts of Parliament Histories of the time and the Oaths of the Kings of Scotland 2. That he is called Absolute Prince not in any relation of freedom from Law or Prerogative above Law whereunto as unto the norma regula ac mensura potestatis suae ac subjectionis meae He is tyed by the Fundamentall Law and his own Oath but in opposition to all forraign Iurisdiction or principalitie above him as is evident by the Oath of Supremacie set down for acknowledging of his power in the first Act of Parliament 21. K. Iam. 6. 3. They are but the same expressions giving onely the same power before acknowledged in the 129. Act. Parl. 8. K. Iam. 6. And that onely over Persons or Estates considered Separatim and over Causes but neither at all over the Laws nor over the Estates taken Conjunctim and as convened in Parliament as is clear both by the two immediately subsequent Acts of that Parliament 8. K. Iam. 6. Establishing the Authority of Parliaments equally with the Kings and discharging all Iurisdictions alâ—eit granted by the King without their Warrant as also by the Narrative Depositive words and certification of the Act it self otherwayes the Estates convened in Parliament might by vertue of that Act be summoned before and censured by the Kings Majestie or His Councell a Iudicatory substitute be subordinate to and censurable by themselves which were contrary to sense and reason 4. The very termes of Supreme Iudge and in all Causes according to the nature of Correlates presupposeth Courts and judiciall Proceedings and Laws as the ground work and rule of all not a freedom from them 5. The sixth Act of the twenty Parliament K. Iac. 6. Cleerly interpreteth what is meant by the Kings Iurisdiction in all Spirituall and Ecclesiastick Causes to wit to be onely in the Consistoriall Causes of Matrimony Testaments Bastardy Adulteries abusively called Spirituall Causes because handled in Commissary Courts wherin the King appoints the Commissary his Deputies and makes the Lords of the Session his great Consistory in all Ecclesiasticall Causes with reservation of his Supremacy and Prerogative therein 7. Supreame Iudge in all causes cannot be taken Quoad actus elicitos as if the King were to judge between two Sea-men or two Husband-men or two Trades-men in that which is proper to their Art or between two Painters certainly the King is not to Iudge which of the two draweth the fairest Picture but which of the two wasteth most gold on his Picture and so doth interest most of the Common-wealth So the King cannot judge in all Ecclesiasticall Causes that is he cannot Quoad actos elicitos prescribe this Worship for example the Masse not the Sacrament of the Lords Supper Therefore the King hath but Actus imperatos some Royall Politicall Acts about the Worship of God to command God to be Worshipped according to his Word to punish the superstitions or neglectors of Divine Worship therefore cannot the King be sole Iudge in matters that belong to the Colledge of Iudges by the Lawes of Scotland the Lords of Session onely may judge these maters K. Iames 1. Parl. 2. Act. 45. K. Iames 3. Par. 8. Act 62. K. Iames 3. Par. 4. Act. 105. K. I. 1. Parl. 6. Act. 83. K. I. 1. Par. 6 Act. 86. K. I. 5. Par. 7. Act. 104. and that only according to Law without any remedy of appellation to King or the Parliament Act 62 and 63. Par. 14. K. I. 2. And the King is by Act of Parliament inhibited to send any private letter to stay the Acts of Iustice or if any such letter be procured the Iudges are not to acknowledge it as the Kings Will for they are to proceed unpartially according to Iustice and are to make the Law which is the King and Parliaments publick revealed will their rule King I. 5. Parl. 5. Act. 68. K. Ia. 6. Part. 8. Act. 139. and K. I. 6. Par. 6. Act. 92. most lawfull Nor may the Lords suspend the course of Iustice or the sentence or execution of Decrees upon the Kings private letter King I. 6. Parl. 11. Act 79. and K. Iam. 6. Par. 11. Act 47. and so if the Kings Will or desire as he is a man be opposite to his Law and his Will as King it is not to
the Lords act of feeding is mediate by the mediation of second causes if he feed Moses 40. dayes without eating any thing the act of feeding is immediate If God made David King as he made him a Prophet I should thinke God immediatly made him King for God asked consent of no man of no people no not of David himselfe before he infused on him the Spirit of Prophecy but he made him formally King by the politicall and legall Covenant betwixt him and the people I shall not thinke that a Covenant and Oath of God is a Ceremony especially a Law-covenant or a politicall paction between David and the people the contents whereof behoved to be De materia gravi onerosa concerning a great part of obedience to the fifth Commandement of Gods Morall Law the duties Morall concerning Religion and Mercy and Justice to be performed reciprocally between King and people Oathes I hope are more then Ceremonies Quest. 12. Whether or no is not the Common-wealth ever a Pupill never growing to age as a minor under nonage doth come not to need a Tutor but the Common-wealth being still in need of a Tutor a Governour or King must alwaies be a Tutor and so the Kingdome can never come to that condition as to accuse the King it alwaies being minor Ans. 1. Then can they never accuse inferiour Iudges for a Kingdome is perpetually in such a nonage as it cannot want them when sometime it wanteth a King 2. Can the Common-wealth under Democracy and Aristocracy being perpetually under nonage ever then quarrell at these Governments and never seeke a King by this reason they cannot 3. The King in all respects is not a Tutor every comparison in something beareth a Leg for the Common-wealth in their owne persons doe choose a King 2. Complaine of a King 3. Resist an Vzziah 4. Tye their elective Prince to a Law a Pupill cannot choose his Tutor either his dying Father or the living Law doth that service for him he cannot resist his Tutor he cannot tye his Tutor to a Law nor limit him when first he chooseth him Pupillo non licet postulare Tutorem suspecti quamdiu sub tutela est manet impubes l. Pietatis 6. in fin C. de susp Tutor l. impuberem 7. § Impuberes Iust. eod Quest. 13. Whether or no are subjects more obnoxious to a King then Clients to Patrons and servants to Masters because the Patron cannot be the Clients Judge but some superiour Magistrate must judge both and the slave had no refuge against his Master but only flight And the King doth conferre infinite greater benefits on the subjects then the Master doth on the slave because he exposeth his life pleasure ease credit and all for the safety of his subjects Ans. It s denyed for to draw the case to Fathers and Lords in respect of Children and Vassals the reason why Sons Clients Vassals can neither formally judge nor judicially punish Fathers Patrons Lords and Masters though never so Tyrannous is a Morall impotency or a politicall incongruity because these relations of Patron and Client Fathers and Children are supposed to be in a Community in which are Rulers and Iudges above the Father and Sonne the Patron and the Client but there is no Physicall incongruity that the politique inferiour punish the superiour if we suppone there were no Iudges on the earth and no relation but Patron and Client and because for the father to destroy the children is a troubling of the harmony of Nature and the highest degree of violence therefore one violence of selfe defence and that most jâ—st though contrary to nature must be a remedy against another violence but in a Kingdome there is no politicall Ruler above both King and People and therefore though Nature have not formally appointed the politicall relation of a King rather then many Governours and subjects yet hath Nature appointed a Court and Tribunall of necessity in which the people may by innocent violence represse the unjust violence of an injuring Prince so as the people injured in the matter of selfe defence may be their owne Iudge 2. I wonder that any should teach That oppressed slaves had of old no refuge against the tyranny of Masters but only flight for 1. The Law expresly saith That they might not only fly but also change Masters which we all know was a great dammage to the Master to whom the servant was as good as mony in his purse 2. I have demonstrated before by the Law of Nature and out of divers learned Iurists that all inferiours may defend themselves by opposing violence against unjust violence to say nothing that unanswerably I have proved that the Kingdome is superiour to the King 3. It is true Qui plus dat plus obligat as the Scripture saith Luke 7. He that giveth a greater benefit layeth a foundation of a greater obligation But 1. If benefit be compared with benefit it is disputable if a King give a greater benefit then an earthly father to whom under God the sonne is debtor for life and being if we regard the compensation of eminency of honour and riches that the People puteth upon the King but I utterly deny that a power to act Tyrannous acts is any benefit or obligation that the People in reason can lay upon their Prince as a compensation or hire for his great paines he taketh in his Royall Watch-Tower I Iudge it no benefit but a great hurt dammage and an ill of nature both to King and people that the people should give to their Prince any power to destroy themselves and therefore that people doth reverence and honour the Prince most who lay strongest chaines and Iron fetters on him that he cannot tyrannize Quest. 14. But are not Subjects more subject to their Prince seeing the subjection is naturall as we see Bees and Cranes to obey him then servants to their Lord. C. in Apib. 7.9.1 ex Hiero. 4. ad Rustic Monarch Plin. n. 17. For Jurists teach that servitude is beside or against nature l. 5. de stat homi § 2. just jur pers c. 3. § sicut Nov. 89. quib med nat eff sui Ans. There is no question in active subjection to Princes and Fathers commanding in the Lord we shall grant as high a measure as you desire But the question is if either active subjection to ill and unjust mandates or passive subjection to penall inflictions of Tyrannie and abused power be naturall or most naturall or if Subjects doe renounce naturall subjection to their Prince when they oppose violence to unjust violence This is to beg the question And for the Commonwealth of Bees and Cranes and Crown and Scepter amongst them Give me leave to doubt of it To be subject to Kings is a Divine morall Law of God but not properly naturall to be subject to coaction of the Sword Government and subjection to Parents is naturall But that a King is juris