Constitutions 1. The one is when Constitutio ab initio est voluntatis ejus effectus perpetuo pendet à voluntate constituentis when the Constitution is voluntary at first flowing from the free elicite act of the Will and whose Effect and Force dependeth ever from the Liberty and free Will of the Constituent as when a King maketh a Viceroy or Judge durante beneplacito enduring Pleasure or when a man maketh a Legacy and leaveth so much to such a one after his death he may make it void to morrow if Death prevent him not except he hath appended the last Codicil as Lawyers speak in such like things Voluntas hominis est ambulatoria a man's Will is not denuded of it's Liberty to reâ—ile or change the Will of man being as Philosophers speak Domina sui actûs Mistress and Queen of all her elicite and commanded Acts. It is a ruled Case in Law Nulla obligatio consistere potest quae à voluntate promittentis statum accipit No Obligation can absolutely tye where all its Strength dependeth merely upon the free Will of him that promiseth 2. The other Constitution is Quae ab initio est voluntatis posteà verò effectum habet necessitatis which at the first is by the free Elect and commanded Act of the Will but afterward is attended with an Effect of Necessity that maketh it irrepealable irrevocable as when a man maketh over the Right of his proper Goods to another this is at first a voluntary Action but the Donor having denuded himself of jus proprietatis of his entire Right and the Donee hath jus possessionis hath apprehended Possession this act is firm and stable whether the way of making over be titulo lucrativo or titulo onerosa freely done by gift or for money and as good in Exchange or any other way lawful this act is no ways revocable although it be made to the Disadvantage of the Donor If any should attempt to resume this again it were an Act against common Equity Scripture pleadeth for this Truth Psal. 15. 4. He shall dwell in the Mountain of the Lord whoâ— sweareth to his hurt and changeth not Ananias and Sapphira might without Sin have kept their Goods which they consecrated to God and his Church if they had not interposed the act of devoting or consecrating them but this done to detain but a part of it and it may be for some exigent case of Necessity they preconceived it was high Sacriledge and they payed dear for it Acts. 5. There can be no civil Commerce no Truth or Faith in dealing in bargaining if you open this back door than when a man hath contracted covenanted to his Disadvantage he may resume it and put himself in statu quo If it were granted that Royalty in a King were by Contract betwixt him and his People and resumable by the People upon the Appearance of Disadvantage it cannot stand but in all inferiour Contracts of less Concernment the like should hold Is there any act more freely done than when a woman not subject to paternal Authority of perfect Age under no Guardian maketh Choice of an Husband and as she fancyeth And I pray you may she afterward shake him off at Pleasure God forbid By Moses Law we know the Husband for Jealousie or Discontent might have given to his Wife a Bill of Divorcement that the Woman had the like Power we read it not In Gods case which most nearly concerneth himself in the case of Idolatry the Husband was bound to dilate accuse and witness against his Wife the Father against the Children but there is no Charge to the Wife to accuse or witness against the Husband or the Children against the Father a clear Evidence how God Almighty would have the Inferiour in Reverence Duty and Obedience to carry towards the Superiour that if Idolatry against God otherwise could not be made appear God would have no Remonstrance this way God chused rather to suffer in his own Cause than that lawful Authority should be wronged Deut. 13. The tye betwixt King and People Prince and Subject is greater is stricter than any betwixt man and Wife Father and Son If our Adversaries will believe Iurists they were of a contrary Opinion and did not imagine that the People transferring all their Right upon the Prince did habitually or in any case retain it or any part of it that in case of male-administration they might supply it and in any Exigent resume it or make over the Right to whom they would over-lording their Prince but that they were totally and irrevocably invested with all power conceivable to be in the People Although this Opinion hath not the Truth of all the Kings Right in it divinely enough yet is it a safer Opinion than that of late days hath been taken up and maintained Vlpian a renowned Jurist L. 1. ad Sc. Tupil saith Quod principi placuit legis habet vigorem utpote cum lege Regia quae de ejus imperio lata est populus ei in eum omne suum imperium potestatem conferat Vlpian knew no better but that The legislative Power was in the Prince and that because the King is entirely invested with all the Power and Empire was in the People It is probable he reflecteth upon the Democratical Government which was before the Empire and so determineth that what Sovereignty was in the Democracy was with its full Extent as entirely and properly in the Prince Vlpian reserveth no Power to the People for the saith expresly Populus ei in eum omne suum Imperium potestatem confert which ground laid it is absurd to say that in any case or upon any Exigent the people or Communinity diffusive collective or representative can re-estate themselves into that Sovereignty so entirely irreversibly made over Ex ore duum trium Take another witness for in Law Singularis testis nullus and a great one too Bartolus ad L. Hostes. 24. F. de eapt post saith Tertio modo indicitur bellum publicum quando indicitur à populo Ramano vel ab Imperatore in quem translata est omnis jurisdictio populi Romani Bartolus knew not any Power was reserved in any Case or Exigent to the People and if you consider him well upon the place cited the Militia and Iura belli belong to the Prince To these two add Seneca who knew no mixed government but only three Speces Monarchy Aristocracy and Democracy Epist. 4. he writeth thus Interdum populus est quem timere 〈◊〉 interdum si ea civitatis disciplina est ut plurima per Senatum transigantur gratiosi in ea timentur viri interduâ— singuli quibus potestas populi in populum data est Seneca who knew not Monarchy to be from God immâ—diately knew so much that coming from the People the King was so invested with the Power of the People and Power over the People that the People were totally divested of
School-terms in many places as namely de corrept grat c. 14. De Civit. Dei l. 4. c. 33. l. 5. c. 21. passim And to the very same purpose see Suarez lib. 3. contr Angl. Sect. err c. 2. although in his Application he erreth foully do teach us A thing may be said to be immediately from God three wayes 1. The first is when it is so solely from God as it is from no other and presupposeth no thing ordinary humane or created previous or antecedent before the obtaining of it Such was the Power Moses and Ioshua Saul and David had Such were the Apostles all of them were by God and Christ immediately instituted constituted designed to and invested with Power from above 2. The second way that any thing is said to be immediately from God is when the collation of the Power and investing of the Person in and with such Power is from God as the immediate Author and Donor although there be presupposed or interposed aliquod signum creatum some previous or antecedent Act humane or created The Power Apostolical in Matthias and appointing him to be an Apostle was immediately from Christ although some humane Acts did precede and were interposed before his Constitution as that the Apostles put two apart and did cast lots Neither of these two acts severally nor both joyntly had either vertually or formally in them that efficacy or efficiency to collate upon him the Apostolical Power and Preeminence A world of Instances may be made in this kind A man baptized by Baptism obtaineth Remission of Sins and the Grace of Regeneration yet none is so weak as to say that the immersion in or aspersion of Water effecteth or produceth these excellent Effects of Remission of Sins and Regeneration Lewis the twelfth King of Fraence authorized the Parliament of Paris when one of their number diâ—d or was removed to make choice of another in his place yet none will deny that the Authority and Power of a Judge and Senator is immediately collated upon the Person chosen by and from the King of France A King giveth to a well-deserving Servant the Favour to name any man fitted for Honour to be a Lord Baron or Earl after the Servant to whom the Trust is committed hath designed the Person or man he is made a Lord Baron or Earl Who is so stupid to aver that the Honour of a Lord Baron or Earl is from the Servant a fellow-subject immediately And who dare to deny the Honour is from the King the Fountain of all Honour This is easily discerned for when the act interposed and presupposed to the Production and working of such an Effect is such that of its own Nature it hath no natural Contingency with the effect produced but what it hath by some Resemblance or Constitution We must run to an higher and more eminent Cause of such a Work and Effect of which see more infra c. 13. where we prove that the interposing of an humane Act in the Constitution of a King as Election Succession or Conquest impedeth not the constitution and making of a King to be immediately from God 3. The third way is When titulo creato mediante a mans Right to any thing he hath power of by some ordinary humane Right or Title intervening by which he is invested with a just and full Right to that is collated upon him and the Approbation or Confirmation of this Right is immediately from God so that the possessour in possessing what he hath just Right recognosceth or acknowledgeth in the right of Propriety no Superiour but Almighty God Now to apply this for the first way we maintain not that Sovereignty is in a King immediately from God by extraordinary Revelation without any humane Act or Sign created intervening This was peculiar only to some few The second way we hold that all Kings really so are immediately from God for although some Signum creatum some humane and created act as Election Succession Conquest or what else in that kind is imaginable and possible interveneth to the Designation of the Person yet the real Constitution the Collation of Sovereignty and Royalty is immediately from God for the Act or Condition presupposed or interposed containeth not in it that power to collate Royal and Sovereign Power only by Gods appointment it is inseparably joyned with it or infallibly followeth after it so that it referreth to God as the proper donor and immediate Author As in Baptism if there be nothing repugnant in the Suscipient the baptized hath from God immediately Remission of Sins and Grace of Regenerrtion Or as in Sacred Orders the Designation of the person is from men and an humane Act but the Endowment with supernatural power to act do and exercise supernatural Acts is immediately from God and Christ Matthias his person was designed by the Apostles but Christ only made him truly and really an Apostle Just so in the Constitution of Kings Election Succession Conquest or what else is only Potestas designativa personae but the power of Royalty and Sovereignty is primarily formally and immediately from God That we may conceive things aright in this case we must distinguish three things 1. First The Sovereignty or Royal Power which is forma quaedam the specifick and formal Essence constitutive of a King 2. Next The Person of the King which is Subjectum the seat or that wherein this Sovereignty is inherent 3. Thirdly The Conjunction of the Sovereignty with the Person or the Application of Royal Power and Sovereignty to the Person The first that is Regal Power and Sovereignty is immediately from God and Christ. The second that is the individual Person taken absolutely in its specifick and individual Essence and Existence is from its natural Causes constituent But qua talis considered as a King and such a one that is as Supreme and Sovereign the Deputation or Designation of such an individual person for such a Power is by Election Succession Conquest or any other lawful way by which God in his Providence doth manifest it The third that is the joyning of the Authority to the Person is immediately from God and Christ. Election Succession or Conquest may be said in some Sense remotely and improperly to make or constitute a King although they are not the proper efficient and constituent cause of that Power To say in the third Sense that Sovereignty in the King is immediately from God by Approbation or Confirmation only it is too flat an Expression and doth not sort well with the magnifick Expressions of Holy Scripture as By me Kings reign Prov. 8. 15. The Powers that are are ordained of God Rom. 13. 2. I have said ye are Gods Psal. 82. 8. All Power is given from above John 19. God hath spoken it once twice have I heard it all Power belongeth unto the Lord Psal. 62. 11. According to this Opinion the Sense of those and other such places must be Kings have their
may be compensed by that eminent Worth and Perfection is in You. I do confess I have so many ties by personal Favours received above my desert that I were the ingratest of Christians if I did not acknowledge it yet give me leave to speak truth notwithstanding all these Endowments if I had not seen and were not assured that in none in this Age there can be seen more true discreet Zeal to Christ's Church and Loyalty to Your Master our most gracious King I had never presumed to go this way I see it even there and then where and when Satan had erected his Throne and Antipas God and the King 's faithful Servant did fuffer My Lord God hath sent You to us for a comfort in these worst of Christian times who knoweth but at this time You are set at the Helm to help the Lord right his Anointed and to save a poor Church threatned with ruine Go on in Your Piety and Devotion with these Heroical Endowments God hath enabled You and be assured God will heap Honour on you and your Noble Family for ever and reward you with an uncorrupt undefiled and Eternal Crown of Glory Which shall be the fervent and constant Prayers of Your Lordships most humble and bounden Servant I. A. To the Christian Reader CHristian Reader this is an Extemporary Piece which was extorted by the importunity of Friends who prevailed so far with me that I chose rather to expose my Weakness and it to the Censure of the World than uncourteously refuse them To strengthen Truth I was able to bring more Zeal and good Affection than any other Abilities Believe I write nothing but that I am assured of in Conscience in certitudine mentis and which I believe to be really certain in certitudine entis God knows I am far from temporizing and he is of weak apprehension that in this Distemper can expect any great Reward by appearing in Publick to maintain this Sacred Truth Experience teacheth us that it is more advantageous to run the contrary course if a good Conscience could allow it If the method in handling and proposing these five ensuing Questions be not so orderly I beg pardon and that justly because I follow the Order proposed by the Observator If the Diction be not so terse and pregnant I am not able to help it for by nature I am not enabled to delicate and witty Expressions nor have I endeavoured by Industry to help those natural Defects My care was ever to study Truth and Reality more than flowers of Eloquence holding that for one as I am of small reach the better way is rather to be inter reales than inter nominales If there be any tart Expression construe it charitably as fallen by inadvertence from my Pen whereas there was no Gall in my Heart If any will be at pains to examine it critically and to answer it rationally and fully I humbly intreat him to do it in a Christian and Charitable way without Passion for which I shall heartily thank him And if I be not able with as much reason to answer him I shall not be ashamed to retract my Errours and joyn Heart Hand and Pen for him and all Christian Sacred Truth of which kind I hold those which I would maintain to be If any thing in it give thee content thank God for it and pray for Grace and Strength to the weak Author who hath resolved to be a Lover a Professor and a maintainer of Truth according to his Power at whatsoever peril to advance the true Reformed Catholick Religion and what may conduce to the Honour of our Church to the overthrow of that is truly Popery and to the regaining of all erring Sectaries to the Communion of this Church And let all of us put up our hearty and humble Prayers to Almighty God to touch our Hearts that we may endeavour to keep the Unity of the Spirit in the Bond of Peace to do good in his good pleasure unto Sion to build up the Walls of Ierusalem to re-establish his Anointed our Sovereign in His Throne and Right to set aright what is disjoynted in Church and State that all of us may be happy here and receive that Crown of Glory which the righteous Judge hath laid up for them that love him his Truth and Christian Peace Si quid novisti rectius istis Candidus imperti si non his utere mecunt Elenchus Questionum Quaestio Prima WHether or not the King be onely and immediately dependent from God and independent from the Body of the People diffusive collective representative or virtual Affirmatur Quaestio Secunda Whether or not God is no more Author of Regal than of Aristocratical and Democratical Power Of Supreme then of Subordinate Command and whether or not that Dominion which is usurped while it remains Dominion and till it be legally divested again refers to God as its Author and Donor as much as that which is hereditaryâ— Negatur Quaestio Tertia Whether or not the nature of conveyance of Sovereignty to the King is by Trust immediately from the People and mediately onely from God and as Fiduciary so Conditionate and proportioned to what measure or portion the People please or is it intirely and immediately by a Trust devolved upon him from the King of Kings Neg. prius Aff. posterius Quaestio Quarta Whether or not be there any Jura Majestatis some Divine Prerogatives intrinsecally inherent in the Kings Crown and Sovereignty which are incommunicable to the Subjects Aff. Where is explained what they be Quaestio Quinta Whether or not in any case upon any reason just or pretended it be lawful for the Subject or Subjects in what Notion soever imaginable singly or joyntly collectively or representatively to oppose the Sacred Authority of the King by Force or Arms or to resist him either in a Defensive or Offensive way Neg. Elenchus Capitum QUESTIONIS PRIMAE THE Preface Page 1. containing the Sum Method and Order of the ensuing Treatise Chap. I. Wherein is maintained that the King is onely and immediately dependent from God and independent from the Body of the People diffusive collective representative or virtual The contrary Opinion is explained the Authors and Asserters some of them with their differences are recited Pag. 9. Chap. II. How that God is the immediate Author of Sovereignty in the King and how he is no Creature of the Peoples making is explained and proved by Scriptures 30. Chap. III. The same Truth is proved by more Arguments from Holy Scripture 57. Chap. IV. That Kings are onely dependent from God and not from the Community is further proved by Scripture The poor shifts of Suarez and Bellarmine are removed who abusing the passage Deut. 17. would have the constitution of the Kings of Israel to relate to the People as its real and proper origine and Cause and the priviledged case onely this that God reserved to himself the designation of the Person of the King 62.
Kings in what proportion they please by a fiduciary trust View the fourth Chapter of Daniel's Prophecy and there you will find it in four-squared Letters Nebuchadnezzar for a time is un-kinged how I pray you By the Watcher by the Holy One one sent by him from Heaven commanded by him to hew down the tree to cut off his branches shake off his leaves scatter his fruit vers 13. 14. And to what purpose is this That Nebuchadnezzar and all living may know that the most High ruleth in the Kingdom of men and giveth it to whomsoever he will and setteth up over it the basest of men vers 17. All this is the Decree of the most High vers 24. And Nebuchadnezzar was driven from men to live and eat with beasts till he should know that the most High ruleth in the Kingdom of men and giveth it to whomsoever he will vers 25. It was told to the proud King swelling in Pride in his Palace that the Kingdom was departed from him the Messenger was a Voice from Heaven vers 31. After his Repentance and acknowledging this Truth that Dominus dat aufert regna that God giveth and taketh away Kingdoms his Kingdom was established unto him his Counsellors and Lords sought unto him and excellent Majesty was added unto him Whosoever is not over-ruled with the Spirit of Errour and readeth and considereth these Passages aright must confess the Truth we maintain God open our eyes to see it and give us hearts to believe 〈◊〉 that Loyalty Royalty may have their Place and Right The same Truth is delivered to us again Dan. 5. 5. A hand from Heaven a miracle it is to confirm this Truth writeth upon the Plaster of the Wall that Belshazzar the King and his Nobles may inquire after it That God had taken the Câ—own from him He did not acknowledge that he did hold his Crown of the King of Heaven to this Ingratitude he added Sacriledge and prophaned the Golden and Silver Vessels of the Temple For these sins his Crown was taken from him So horrible a Sin is Sacriledge and in Kings especially that it will throw them into Contempt cast their Crowns into the dust and bring greater Judgments in the world to come if they repent not Nor can this Repentance be sound and saving without Restitution Here that rule of the Holy Father holds good Non dimittetur peccatum ni restituatur ablatum Daniel reading and interpreting this miraculous Writ recalleth to Belshazzar's Memory Gods dealing with his Father v. 18. O thou King the most high God gave Nebuchadnezzar thy Father a Kingdom and Majesty and Glory and Honour what more can any conceive in a King than is here expressed And for the Majesty he gave him c. v. 19. mark it well it is not said that the People gave it he swelled in Pride was unkinged for a time till he acknowledged that the most high God ruleth in the Kingdom of men and that he appointed over it whomsoever he will v. 21. After this Daniel bringeth home his Application to Belshazzar prudently checking him that he had not made right use of that befell before his Father but had trode in the same way of Pride and added to his Fathers Sin the prophaning of Sacred things that for this cause he and his are extirpated Root and Branch The writing was Mene Mene Tekel Vpharsin The Sense is he was found Light in Gods-Ballance his Kingdom was numbred and finished and divided or given to the Medes and Persians Who in executing this Vengeance against an ingrate and sacrilegious King were nothing else but the Instruments the Axe and Rod of God as you may read Isaiah 45. and 44. 28. and Ier. 51. 11. Isaiah 13. 17. In the Passages adduced consider First who is the Author I mean not the Principal for without controversie it is the holy Spirit Daniel a man eminent and excellent in Court Credit and Preferment But this is not so considerable consider him therefore as one of the Prophets of most rare Endowments for Wisdom and extraordinary Revelations Secondly Next reflect your Thoughts a little how this Truth is manifested It is from Heaven but how I pray you By Dreams By Voice by a crying Voice by Writ from whom from the most high God from the holy one from the Watcher from the God of Heaven to whom To Nebuchadnezzar the Emperour of the Assyrians and Babylonians to Belshazzar his Son and all the way miraculous The Dream is forgotten to Daniel it is miraculously revealed with no less wonder interpreted It is written miraculously Interpreted and read as wonderfully and all this in the wise Dispensation of God that Kings and all may acknowledge that Kings and Kingdoms are of God Before this Truth be not known to Kings and all he will reveal it extraordinarily miraculously by Dreams by Voices by Cries by Writings from Heaven and that all may take notice of it the Dream is forgotten Magicians are sought to because they cannot find it out Death is decreed against them yet God will not have it to go unknown to his Servant he reveals it all the Empire take notice of it all admire it To confirm it yet more the King must live like a Beast till he believe he confess he profess this Truth This Truth is not once spoken but twice it is seen it is heard The Babylonians had forgotten it Belshazzar had slighted it neglected it When he his Counsellors his Lords are feasting carrowsing a finger from Heaven writes it None can read it Daniel is sought he reads it interprets it that all may take Notice of it The Father for not acknowledging this Truth but sacrificing to himself of a King is made a Beast but Repentance restores him The Son hath harder measure He is dethroned rooted out for ever And a way is made that Cyrus in his succeeding to the Empire may acknowledge that his Kingdom was of God which he did truly as we told before Where can you shew any Truth of this kind in Scripture so revealed so manifested by such miraculous extraordinary and admirable ways I think it is hard to hit upon a parallel to it God knew well before How apt we are to rob Kings of their due Right and Honour nay rather how prone corrupt man is to intrude upon God and invade his Right If any will be pleased to consider seriously Daniel's Prophecies What are they but Predictions that all Empires Kingdoms Majesty Royalty and Sovereignty are of Gods immediate Donation They are not disposed of by the composed Contracts of men but by the immediate hand and work of God All Ancients and Moderns for the most part acknowledge here in Daniel to be the clearest the most distinct Prophecies Predictions of the four great Empires If you will cast your Eyes upon the historical part of Daniel's Book there is no Truth which is so much treated spoken of as this Truth as that Kings and Kingdoms are dependent
from God alone and Independent from all others It may be because Daniel was a great Courtier as Ioseph was with Pharaoh that he might not be judged a time-server a temporizer a complier to vindicate him from Court-flattery God did so many ways so miraculous ways demonstrate this Truth confirm this Truth that Sovereignty Royal Majesty come from Heaven from God immediately What Prophet almost hath not a hint an Expression of this Isay is plentiful in this as you may see in Nebuchadnezzar in Cyrus c. and all Neighbour Princes Ieremy taught it to the Iews to his own Disadvantage The Prophet Hosea or rather God himself by the Prophet with one Breath in one Verse in few words with a dedi and an abstuli hath expressed hath confirmed this Doctrine c. 13. 11. I gave them a King in my Anger and took him away in my Wrath. I gave him I took him away what can you require more I pray give me Leave to observe one thing in the words besides our main purpose for which we cited it He saith dedi eis regem in ira mea I gave them a King in my Anger This King in the judgment of some was Saul according to the mind of others this King was Ieroboam it skilleth not whether the one or the other Both of them were wicked Yet it is said Dedi I gave him and as I gave him so abstuli I took him away None giveth but He None can take away but He. God will admit none to do either the one or the other but himself It is observable too that in giving a bad King it is only said in ira mea I gave him in my Anger but in taking away a bad King it is said abstuli in furore meo I took him away in my wrath what difference is betwixt ira and furor anger and wrath all do know What doth this intimate to us then but to have a bad King is a chastisement Irati Dei of an angry God who is placable But to have no King at all it is a work of Vengeance a token a prognostick of an Implacable God at least hardly placable If you account Iob for a Prophet or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it skilleth not much which way you term him He saith Reges collocat in solio in perpetuum and again Baltheum regum dissolvit the places you have cited before What he speaketh for Sovereignty you shall hear qq 4 5. For Solomon his Suffrage you had before What he saith of the heart of Kings c. Of not resisting Kings you shall hear it in its proper place That a King there is no rising up against him what in the Book of Ecclesiastes he speaketh of his absolute Sovereignty you shall find it in its proper place E're long you shall by Gods grace hear David speak for himself And because we said before that no truth almost in Scripture is more apertly and frequently delivered than the Sovereignty of Kings their creation by God immediately the Historical part is plentiful in this kind In Genesis it is promised to Abraham that Kings shall come of him There it is fixed by Prophecy in the Tribe of Iudah with Iudiciaria and Legislativa potestas with the Scepter and Law-giver In the Law it is fore-told his Duty is prescribed Moses dying prayeth for one onely to rule the People after his death In Iehoshuah his Book you have as compleat as absolute a Monarch as we plead for as by express Scripture in its own place we shall clear by Gods grace In the Book of Iudges the Sophetim the Judges are Monarchs and not once but oftener there it is told us that all Evil was in the Land for want of a King In the Books of Samuel you have not only the Institutions of Kings but Ius Regum expressed To name the Books of Kings and Chronicles is ridiculous In the Books of Ezra c. Look upon Cyrus Darius c. As for the New Testament See how Christ taught it practised it and his Apostles after him to point at this is not necessary If our strait-laced Brethren would be pleased to cast an eye upon Apocrypha I refer them to Ecclesiasticus cap. 6. 1 2 c. Hear ye Kings c. Give ear you that rule the People and glory in the multitude of Nations for Power is given you of the Lord and Sovereignty from the Highest c. Yet fearing this Passage will not be current enough among our Sectaries I point at two passages of David till we hear him speak more fully The one is Psal. 21. 3. Thou settest a Crown of pure Gold upon his head The other is Psal. 84. 44. Thou hast made his Glory to cease and cast his Throne down to the ground I do confess ingenuously it is a great wonder tâ— me how any man that readeth the Scripture attentively doth not heartily and without scruple acknowledge that Kings and Sovereignty are independent from all and onely derived from God and that this truth is not onely verified of the Kings of the Iews but all Kings whatsoever Which truth we are hopeful we have confirmed clearly yet will proceed to add more reasons and to remove some more of their poor evasions CHAP. IV. That Kings are onely dependent from God and not from the Community is more proved by Scripture The poor shifts of Suarez and Bellarmine are removed who abusing the passage Deut. 17. would have the Constitution of the Kings of Israel to relate to the People as its real and proper Origin and Cause and the priviledged Case onely this that God reserved to himself the designation of the Person of the King THis other shift of Suarez and Bellarmine in the Title of the Chapter expressed is as poor a one as the other nor can it hold when it is examined by Scripture and Reason Both the Iesuits and the Puritans their Disciples build this quirk upon the naked perverted letter of the Text that Deut. 17. â—4 15. it is said of the People that they set the King â—ver them and upon Gods part it is said Him shalt â—hou set over thee whom the Lord thy God shall chuse Ergo say they the Constitution is the Peoples the Election of the Person is Gods It is a lame Consequence for the words Constitues super te Thou shalt set over thee are not to be understood of Constitution by collating or transferring from them to the King Majesty and Sovereignty but of Constitution by way of Approbation or of accepting of him as King acknowledging him as a King reverencing and obeying him as King whom God hath both designed and constituted by himself King In this Sense we grant a Constitues super te a setting over thee and because this is the last act in constituting a King that puts that in fieri in facto esse quasi ultima dispositio inducens formam as the last Disposition which induceth the form in the matter by a
if it be not blasphemous against God and the King to fix as in its first seat and receptacle an underived Majesty in the Community where there is not one of a thousand an intelligent and knowing man It is certainly high Treason against God and the King A world of Reasons to prove that Kings are independent from all and solely dependent from God may be brought from Scripture but because we intend brevity and haste to other things we point at some few to be considered and enlarged by the judicious Reader himself As first to whom can it be more proper to give the Rule over men than to him who is the onely King truly and properly of the whole World 2. Next God is the immediate Author of all Rule and Power that is amongst all his Creatures above or below why then should we seclude him from being the immediate Author of Government of Empire amongst men 3. Thirdly Man in the state of Innocency in his first Creation received Dominion and Empire over all the Creatures below Gen. 1. 28. Replenish the Earth and subdue it and have dominion over the fish of the Sea and over the Fowl of the air and over every living thing that moveth upon the Earth Again after the Fall Gen. 9. 2. The fear of you and the dread of you shall be upon every Beast of the Earth and upon every Fowl of the Air upon all that moveth upon the Earth and upon all the Fishes of the Sea into your hand are they delivered Can we be so stupid as to acknowledge the dominion over all the Creatures below is given to man immediately from God and to deny that the most noble and excellent Government by which man hath Power and Empire over men is not from God by his Institution and Constitution but by the Compact and Contract the Composition and Constitution of men 4. Fourthly To demonstrate their immediate derivation from God that their Power is immediately from him is more than apparent by this reason They who exercise the Judgment of God must needs have their Power to judge from God But so it is that Kings by themselves and their Deputies exercise the Judgments of God The Proposition is sure and is both confirmed and illustrated by considering how that Church-men are rightly said to have received their Ministerial Power from God and Christ because God by them reconciles the World to himself and saves mankind 2 Cor. 5. 17 18 19 20. 1 Tim. 4. 16. How is it imaginable that they can be said to judge in God's place and not receive the Power from God The assumption is as evident by express words of Scripture see Deut. 1. 17. 2 Chron. 19. 6. Let no man stumble at this that Moses in the one place and Iosaphat in the other speak to subordinate Judges under them this weakeneth no wayes our Argument for it is a ruled Case in Law Quod quis faâ—cit per alium faciâ— per se all Judgments of inferiour Judges are in the Name Authority and by the Power of the Supreme and are but communicatively and derivatively from the Sovereign Power 5. Fifthly Not onely their Power is of God their Iudiciaria potestas but the very Execution of it They are the Ministers of God in the execution of their Charge and Power ergo their Charge and Power is immediately from God All the testimonies of Scripture wherein they are called Gods confirm the Antecedent and especially those where the Supreme Governour is called the Servant the Minister the Angel the Publick Servant of God Doth not this Argument hold in the Ministry Doctors and Preachers of the Church discharging their Charge are called the Ambassadours the Legates the Ministers of God and from hence we conclude necessarily that the Ministry is from God and Christ. The Apostle Saint Paul Rom. 13. 4 5 6. calleth the Supreme Magistrate thrice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and pregnantly expresseth that the King in the execution of his Charge is doing Service to God vers 4. He is the Minister of God to thee for good But if thou do that which is evil be afraid for he beareth not the Sword in vain Again He is the Minister of God a Revenger to execute wrath upon him that doth evil Again vers 6. For they are Gods Ministers attending continually upon this very thing The Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is well rendred attending continually and is in its nature Active and so looketh to the execution of his Charge properly In the Book of Wisd. cap. 6. 5. The Author attributeth to God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Kings and Rulers the Ministery onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 There can be no Argument better to prove that both their Sovereign Power and execution of it is from God than that properly and primarily God Almighty is King and all Kings related to him are onely equivocally so for he is Rex regum Dominus dominantium 1 Tim. 6. 15. Revel 1. 5. 21. 27. 19 20. 17. 14. He is King of Kings and Lords of Lords 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 truly so Kings upon Earth are only such 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 more in Resemblance than Reality and betwixt the one and the other the Kings of Heaven and Kings on Earth no more proportion than is betwixt Heaven and Earth a thing finite and infinite For this cause Scripture Mark 10. 41. speaketh no better of Kings and Princes on Earth than that they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not so much truly men that have Empire and Rule as such that appear to be so from whence then shall we derive Sovereignty and Royalty but from that true Royalty and Sovereignty in God alone 6. Sixthly the Power and Grace by which they are inabled for so high a Charge and Employment is only from Almighty God then by necessary Consequence the Charge must be solely and only from him The Connexion is natural for in right Reason to whom can it be due to give a Charge of this Concernment properly but only to him who is able to give the Endowments and hability for that Charge Now that the Endowment is from God immediately the sacramental Ceremony of anointing sheweth it and that exactly they are called the Lords Anointed We need not use symbolical Arguments seeing the Schools allow them no convincing force the Holy Spirit hath given it to us in plain and natural Terms right down Of Otâ—niel the first Judge after Ioshua it is said Iudges 3. 10. And the Spirit of the Lord came upon him and he judged Israel The like you have spoken of Saul after that he was anointed and appointed King of Israel 1 Sam. 10. 11. and elsewhere The same is said of David 1 Sam. 17. Very knowing men in Divinity interpret the Passage Prov. 20. 12. The hearing Ear and the seeing Eye the Lord hath made even both of them that the Facility to rule well and the Grace to obey
and Mary than of Christ and that they out of their Fear and Weakness not able to do better did flee Herod and his malicious intent If any think so let him consider that he hath not learned as yet that all Christ's Actions and Passions are full of Mysteries and nothing acted or suffered by him in which there was not an over-ruling wonderful Providence of God in Mercy and Wisdom and withal let him consider that all his Acts and Sufferings are our Instructions But leaving this Did he not in his Ministry teach and practise it Teach it when he commanded to render to Caesar the things that are Caesars when he convinced the Iews who would gladly have shaken off Caesar and his Right arguing that they were by God's Law bound to pay Caesar Tribute because he was their King and this he proved by their Coin which with all sound knowing Politicians is inter jura Majestatis which was printed with Caesar's Face and Superscription Again in his Death Did not our Saviour Christ acknowledge Pilate's Power that is the Roman of which he was Deputy to be from above Did he not rebuke Peter who with his Sword would have in a Defensive way saved him from those bloudy Persecutors Did he not tell him He that killeth by the Sword shall perish by the Sword that is Peter although thou think thou hast a good cause that thou wilt defend me and by resisting open force preserve me thy Master thy Saviour deceive not thy self it is not lawful by Arms in the best Cause for my Cause for my Life to resist Lawful Authority if thou kill in my Defence thou art worthy to suffer Death by the Sword by him that beareth the Sword not in vain When Peter over-reached himself in this distempered zeal cut off Malchus his Ear Christ before that Offence should have been done by any of his in his company for his Cause will be at the pains to cure this wound miraculously Would God Pope and Papeling Jesuit and Sectary Puritan and Presbyterian would fix their hearts upon these Practices of Christ by a singular Wisdom of God so clearly and fully recorded practised in Christ's Nativity Childhood practised and taught in his Ministry practised and taught when he was a dying when he was looking Death in the face at which time the most sinful man will neither dissemble nor temporize I doubt much if in any act of Christ during his coming into the World and his going home again to his Father you can instance any to parallel this to exceed it sure I am you cannot And what I pray you can the Pope challenge more than to be Minister Evangelii a Minister of the Gospel as our Lord was Circumcisionis of the Circumcision He shall never be accounted with me the true Vicar of Christ who teacheth contrary to Christ and practiseth contrary to his Practices Me thinketh he looketh more like and hath nearer alliance with the man mentioned 2 Thes. 2. Who exalteth himself above every thing is called God It is very considerable likewise that in the Apostolical Creed which is so full so brief and nothing in it but what is necessary to be believed to Salvation that I say in this short Creed Pontius Pilate whose memory is accursed by the Spirit of God which ruled his Church in setting this down is recorded It is not for his Honour certainly but for our good and edification that there it is said Christ suffered under Pontius Pilate that we may learn if we expect Salvation by Faith in Christ we must submit to Authority by obedience to what they command if it be lawful and submitting humbly and suffering if Authority urge that which is unlawful and against God And that this we are bound to although the Magistrate be as opposite to Christianity as a Heathen and the Cause for which we suffer be for Christ and his Church We will never help Christ nor his Church by Arms against Authority or Religion by Rebellion If our Sectaries give us a new Creed it will concern them near with the expunging of Christs descent to Hell and the Communion of Saints to raze out this He suffered under Pontius Pilate If their Practices be so contradictory to Christ's they cannot but consequutivè by consequence be destructory of the Christian Faith where the Reward of those are to be expected you know too well It were better for you not only to expunge Christ's Descent into Hell but to annihilate Hell it self which by a close Committee you may resolve upon if your omnipotent power can be able to do it I mean your fansied coordinate power which you have of late erected against Sovereignty fixed in the Lord 's Anointed as in the Church you have erected Altar against Altar God open your Eyes to see your monstrous Sins and Errours and to give to you and to us all true Repentance that the fearful vengeance of God overtake us not and in the World to come be forced by sensible eternal and horrible pains to acknowledge the Truths which now we reject although plainly in Scripture declared in the most Authentick Apostolical Creed determined and by the current and not interrupted suffrage of the Fathers above seven hundred years believed Lord have mercy upon us and turn his Wrath and fearful Indignation from us I dare not to express what I fear when I look upon these outrages committed against Sacred Truth How God and his Word are abused His Sanctuary defiled His Ordinances repealed Mischief framed by the Law Sacred Persons violated and the Lords Anointed fearfully rebelled against My resolution is to dissolve unto Tears and Prayers and with my Master say daily say hourly Lord forgive them for they know not what they do The weakness of this Assertion that Kings are not Christ's Vicegerents we have as we hope sufficiently proved It is high time now to discover the wickedness of it The purpose they have by this and the like Assertions is to reserve the managing of all Religious Affairs in their largest latitude to themselves vindicating it as peculiar and proper quarto modo to their Conventicles Presbyteries and Assemblies This Sovereignty they make so Sovereign and Independent that all Kings and Sovereigns whatsoever must submit to it This Sovereignty Ecclesiastical may restrain and constrain the King at pleasure It may repeal his Laws correct his Statutes reverse his Judgments It may establish its own urge Obedience Cite Convent and Censure in case of Disobedience And if they be not of Power to execute what they decree they may call for or command the help and assistance of the People in whom is that underived Majesty and to this purpose may promise covenant swear to stand to the maintenance of their Fancies against all whatsoever and to defend each another contra omnes mortales with their Goods Lands Fortunes Honours Lives to admit no divisive motion which is real and to be such if the Authority of this Church declare it
competent Iudge Who is this Judge For my part I know none but Almighty God the King of Kings If you say that the Judge is the diffusive Body or the Collective or the representative which I see not how it can be conceived without the Head the King yet at this time I yield it to you in your own notion and virtual Body I oppose that cannot be are they not all Subjects Are they not all under his Protection Have they not all sworn or should swear Allegiance and Supremacy How then can they be imagined in any other capacity than of a Subject How in any other notion relation or consideration but as the other Party Contractor in this imaginary notional and fancied Contract How can it with Law with Justice with Reason subsist that you shall be in your own Cause in your own Case in a matter of so high a Concernment Judge Witness and Party The highest that any as yet have gone is to fancy a coordinate Power with the Sovereignty of a King which in effect is a very bull and is as much as to say Supreme and not Supreme Sovereign and not Sovereign King and no King I deny not but that it may be proved if that your Practice may interpret your Power that you have run farther and reach higher in your Sovereignty than any King any Monarch in Europe except you speak of the King of Spain's Power over all his Dominions without Europe Never any of them claimed more but paternum Imperium but with grief we see this new Doctrine hath erected Despoticum herile Imperium I say the most you have claimed to your representative Body and that maimed too is a coordinate Power which in Law in Reason runneth upon equal upon coequal terms Now in Law Par in parem non habet Imperium an Equal cannot Lord or Judge over an Equal much less an Inferiour may usurp it above a Superiour Amongst many other reasons why our Lord Ioh. 8. would not sentence the Adultress that was taken 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this is not an unprobable one that although he knew her guilty as God and as Man gratiâ visionis yet he would not act the Judge and Witness Omnis Christi actio nostra instructio Learn of him to be meek and humble nay just too and challenge not to be Judges Accusers and Witnesses in your own cause Imperial Law and Ecclesiastical both condemn it nay the very Light of Nature made Africanus disclaim to be against the Defendant Judge Accuser and Witness The Casuits when they dispute and resolve the Case how a Judge shall proceed in Judgment when to his private knowledge he knoweth contrary to that is like to be adduced and the Judge tyed to determine secundum allegata probata that in such a case he may if another competent Judge may be found exuere personam publicam personam Iudicis and witness for Truth that Justice be not prejudiced Fie for shame that Iesuits Romanists and Casuists althey hold many of our puritanical Principles yet are not so impudent as our Puritans and Sectaries To hasten to more Proofs of the Truth we maintain give me leave to tell you that I think or fancy at least that this Opinion that Sovereignty is seated in the Community every individual having its share which by Derivation from all and every one is concentred in the Person of the King is not unlike that Dream of Democritus and other Philosophers who fancyed to themselves that the whole Vniverse was composed and diversified by a casual Concourse of what I know not fantastical and imaginary Atomes CHAP. X. Wherein the Truth of our Tenet is by more reasons asserted the contrary Error disproved and the Absurdities in the Sectaries paradox involved are discovered THis Tenet that a King hath his Sovereign Power communicativè not privativè from the people that he is so invested with it that the People have it habitually suppletively and may resume it in some exigent cases giveth nothing to the King but only an empty and void Title which is not only resumable at peoples Pleasure but so coarctated and bounded with Limits and Conditions of their own devising that simul semel at the same Instant and Moment he both receiveth Empire and Sovereignty and layeth down the Power to rule and determine in matters which concern either the private or publick good At the same Instant without prejudice or derogating from the honour of Royalty be it spoken a King becometh a Monster an Hermaphrodite composed of a Sovereign and a Subordinate of a King and a Subject Again by this they hold I see not how they can difference a King from a Magistrate which with all understanding and knowing Politicians are distinguished by their different specifick Entity and Being Nay a Magistrate is stated into a safer and better Condition than a King for the Magistrate is to exercise Judgment and Jurisdiction by known Statute and custom Law the King is censurable deposable at the Pleasure of the Multitude as they fancy him to have transgressed The Magistrate cannot be censured be punished but by Law the meanest the basest of Subjects may arrest cite convene the King before the undèrived Majesty of the Community he may be judged by the arbitrary Law that is in the Closet of their Hearts and that not only for real Misdemeanour for real male-administration but upon fansied apprehended Fears and Jealousies and these not evident by any apparent Act or Attempt but intended If this be not to seat themselves upon the Tribunal of God who hath reserved as peculiar to himself to judge and discover mens Hearts and Intentions I know not what else can be it except it be that those Seraphical Doctors make so bold with Almighty God to unfold the Secrets of Predestination and to define who are the Elect who the Reprobate Any man that hath nothing left but common Sense will chuse rather to live the most private and obscure Life than to expose and oppose himself with an idle nominal Title of Honour to the most corrupt and corrupted Judgments and Affections of an ignorant injust and indiscreet Multitude I pray you when neither the true Grandeur and Splendour of Majesty nor the sacred Power of Empire nor the highest Pitch of Reverence and Obedience due to so sacred a Function and so sacred a person can shelter and protect him who can be so demented as not only to embrace an empty Title Ixions cloud but run the hazzard of total Ruine and perpetual Disgrace I know what will be answered good Kings are in no Danger this Terrour is only a Terrour a Curb to bad Kings The contrary this day appears and ordinarily the best of Kings are most in danger Who knoweth not how ambitious factious and discontented Spirits are most ingenious and solicite where no real and just Challenge can be made against a good King by specious and spurious Pretexts to incense and inflame with Fury the
iron hands Iotham's curse who for ought we read was the onely man durst speak against the course will come at 〈…〉 and devoureth Sichem and a fire cometh out from Sichem and destroyeth Abimelech The first stroke of Vengeance is upon the first Covenanters and Associates By the means and strength of the Sichemites Abimelech is made King over Israel The first divisive motion is there the Text saith God sent an evil spirit betwixt the men of Sichem and Abimelech and the men of Sichem dealt treacherously with him v. 23. The first who gave him the Kingdom sware and covenanted with him are the first Traytors or rather the scourge of God to begin his Mischief But how I pray you goeth this work on you have Covenant after Covenant The first Oath was unlawful now treacherously they sware another Oath against him What is the Solemnity They keep a solemn Festival Religion must ever be a stalking horse They go to the House of their God they seal a new Covenant a new Association they not onely unking him but also excommunicate him too v. 27. No Covenants no Associations seal them strengthen them with Oaths as many as you will with Sacraments too making Sacramenta pietatis vincula iniquitatis the seals of Piety the Bonds of Iniquity they will neither bind sure nor make unlawful pacts or compacts lasting Read and consider Psal. 11. Psal. 83. The story is worthy your looking on Come on then Zabul Abimelech's Governour at Sichem is over-awed he must comply with the second Covenant Abimelech advanceth with his Forces towards Sichem killeth them that sallied out man 's the Gates enters the City kills all in the City except such as flee to the Tower they escape not all of them are consumed with fire You see then how the first Authors 〈…〉 When he hath done Vengeance upon them he blocks up Thebez God having done Vengeance by him upon the Faction he taketh Vengeance upon Abimelech kills him by the hand of a Woman a dishonourable end for a King a Souldier and that by a piece of a Milstone which crushed his Skull To shun Ignominy he calls to his Armour-bearer to kill him by his Sword that it be not said hereafter that he died by the hand of a Woman This is the first King we read of in Scripture that was the Creature of the People How he atchieved it how he managed it and what end both he and they had is enough to make us fall out of love with popular Kings the Donatives of the People To this same purpose some bring the Example of Ieroboam who hold that Ieroboam was King only by Gods Permission and not by his Commission over the ten Tribes and that to punish Solomon in his Posterity for his Uncleanness and Idolatry Many things might be said Pro and Con we purpose not to dispute the point accurately The Reasons which incline some learned men to hold this Opinion amongst others are these That there is no anointing bestowed on Ieroboam at his Entry to the Kingdom The symbolical Ceremony of his Entry is expressed by renting of a Garment in twelve pieces he taketh ten of them to himself Scripture mentioneth not the giving of them The People grieved pitch upon Ieroboam either by him to get redress of their Grievances or otherwise if that be refused to assume him to be their King Consider how the Change is effected There is a specious shew made of a glorious Reformation of easing the Subjects of many great Pressures with which they were overburthened in Solomon's Reign by heavy Impositions laid upon them to build the Temple Solomon's Palaces and to entertain the Magnificence of his Court never so rich as in Solomon's Reign and never more grudging complaining These Pretences were no less specious and real than the specious and spuririous Pretences of our glorious Reformers and zealous Patriots to day great Promises are made great Hopes of better things are conceived but behold the Issue God in his secret but just Providence left Rhehoboam to the power of bad Counsellors he refuseth Redress of Grievances the ten Tribes revolt enthrone Ieroboam and made him King To bring all to a wished end the People and their new King begin at Religion Religion must ever be pretended whatever be the work whatever be the Intention How is Religion entreated By King and People it is subordinated to Policy Religion is made as Hangings for the House New Calves new Altars new Feasts are erected and instituted with a specious Protestation and Profession that God may be more frequently more fervently served and the People with more ease to attend to frequent the Service To this purpose the Calves are erected at Dan and Bethel The way of serving God before established was too too troublesome the true cause was the King feared if Gods Ordinance were kept and the ten Tribes should go to Ierusalem to keep the solemn Feasts do God service according to his Prescript true Religion preserved would reduce the ten Tribes to their due Obedience to the house of David New devices in State in Government necessitate the Authors and Abettors to new devices in Religion That this work may have no Rubbs the old Priests must be gone the Tribe of Levi must be rooted out Root and Branch It cannot be but the old Levites will cross the new established Government The basest of the people Tinkers Coblers Coachmen Mechanicks c. become Ieroboam's and his new Subjects Priests This done he and they take as much Authority over and above their God as before they did over and above their King A Calf must be their God What is the Success Here is a thorow Reformation in Church and State all is unanimously agreed upon by King and People Consider the Consequents They make to themselves a King to remedy their Grievances the King maketh them cast-aways They banish from them the true Levites they place in their stead the Scum and Dross of the vulgar By him and his Successors all the erroneous Religions amongst their Neighbours are admitted and received any Religion is allowed except the only true one But what Is not the King by this made glorious at home and terrible abroad No no such thing He is made the Reproach of all Kings his Motto for ever is Ieroboam that made Israel sin This is all his Excellency we read of in Scripture this is the Horn of his Exaltation How fare the People free-born people under a lawful and just King of their own setting up a King of themselves wrought and effected at last their own their Kings their States utter Extirpation and of free-born Subjects become the Slaves of strange Kings and Kingdoms This Story duely considered is able to rectifie the Errours of this time if mens minds be not fore-stalled with damnable Prejudice It layeth open to us that Kings when they are Peoples Donatives are not Succesful and discovereth how popular Reformations so much now in this
the one way of Episcopacy nor the other way of Presbytery nor the third of Independency nor any other way imaginary or imaginable in the Church we must therefore some other way satisfie him Then let me entreat him to consider what Variety and Difference is found in oeconomical Government if he will look upon the exercise either of marital or paternal Power View it if in different Kingdoms in diverse Nations he find not and acknowledge a great immense Variety or will he look upon both at home not almost one Family uniform and alike with another and that according to the various Temper of Fathers and Husbands their different Abilities some being more indulgent some more rigorous some keeping the equal mean Some being more intelligent knowing and prudent some of less Knowledge Prudence and Government The Observator will find some wives like Sarah with Reverence and Submission calling their Husbands Lord some Michols lording over their Husbands some Fathers like Eli too too indulgent to their Children others like Iob happily and piously breeding his Children and sacrificing for them when they are feasting In brief look upon the oeconomy of all Families within your Knowledge and you shall find that in Government not one looks like another Doth it then from hence follow necessarily that paternal or marital Authority is not from God and Nature but appointed at the pleasure and Constitution of men The result of all is this That seeing in things natural things moral things ecclesiastical and spiritual and in things oeconomical this accidental and supervenient Variety in their exercise destroyeth not the true Essence and inseparable Essentials of the things themselves but naturally they are uniform and equally the same So in the different Monarchies of the World the Disparity and Difference of the exercising of monarchical power which is accidental maketh them not specifically and essentially different and diverse What these prime radical essential Constitutives of Monarchy are it will be proper to express quaest 4. We content our selves with three which are agreed upon to be in all Speces of Sovereign Power whether Aristocratical Democratical or Monarchical The 1. First is that it is Potestas suprema that it is subordinate to none but Almighty God dicit negationem superioris in terris it admitteth no coordinate collateral coequal or corrival Power 2. Next it is Perpetua potestas a perpetual Power He cannot fall from his Sovereignty but whilst he lives he is the Lords Anointed 3. Thirdly the Power of all Monarchs and of every Monarch is Legibus soluta subject to no over-ruling Power of man Conceive it not so that Kings are free from the direction of and obligation to the Law of God Nature and common Equity but from Coercion humane or any humane coactive Power to punish censure or dethrone them The Hebrews call these and what particulars come within their verge Majus Imperium the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and where those are equal in all Monarchy no accidental variety can change the nature of Monarchy in all and every one of them As for other particulars virtually and naturally included in these three howsoever in actu signato in their first capacity they be propriè propriissimè radically and properly in Sovereignty and in Monarchies yet in actu exercito in the exercise of them they may be entrusted to the Subject Ita ut non defluat radix supremae potestatis so that they have it onely by Delegation and Trust communicativè by communication not privativè not so that these Delegates are invested so with it as the King is totally divested Who can deny but Iudiciaria potestas the Power to judge in all Causes Criminal Civil which concern the Subjects and Kingdom is inherent essentially in the Crown and Scepter of the King and the King to ease his burthen and that Justice may the more readily and easily be done intrusteth his Judges with it And here is not the Trust less and more as it pleaseth the King to give it Is it not different in some onely for such and such Cases and Causes in others for some others different And doth there not lie to the King extrema appellatio the last Appeal or if that be not to make Justice more expedite is there not the equivalent reserved that the Party hurt may by Petition and humble Remonstrance make his Case and Cause evident to the King that he in his Sovereignty may redress what is wrong and punish the Judge abusing his Trust By which it is more than apparent that this and the like Restraints the King putteth upon the exercise of his Native Power is onely ad minuendam solicitudinem not ad minuendam Majestatem to facilitate his Charge and not to denude or disrobe himself of that Sacred Right and Prerogative God hath given to him as his Vicegerent upon Earth Again it is not slightly to be passed by that there be many Kings many times too indulgent Fathers to their People and Subjects who give away too much of their Sacred Right which when Subjects have come at being more than they should zealous of their Liberty will not part with it again but detain it sacrilegiously If a man could be allowed to speak truth in this distempered Age it may be said without sin against God or crime of laese-majesty against King or People that where Monarchy has been too much straitened and weakened by loss of its natural and native Prerogative it hath been done by imprudent at least inconsiderate acts of too good Princes and of voluntary concession and in the end as they prove derogatory to Sovereignty so they prove destructive to the Peace and Protection the Liberty and Propriety of the Subject Review all the Grants of Princes in this kind and you shall find upon Authentick Record that they be meer Concessions of grace If as much could be shewn upon as faithful and unquestionable Record to prove our King a pactional and conventional Prince your Plea should be more specious in the Eyes of the World And if you could by authentick Evidence make it appear that such bounds and limits are put to Sovereignty as it is more than manifest that what you claim is by acts of voluntary Humanity you should do somewhat which probably would take the People more but I must tell you withal you totally destroy Monarchy and must say right down our gracious Sovereign is no Monarch which is against Reason Sense all Records extant and the universal testimony of all knowing men in other Kingdoms and States It is great Discourtesie to change Princes acts of grace bestowed upon Subjects into acts of Duty and Debt nor is it a ready way to obtain more grace to prove unthankful and not acknowledge prior graces received Lawyers and Jurists do tell you that from actus humanitatis voluntatis from acts of Courtesie and voluntary Concession you may not reason to conclude actum necessitatis an