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 albeit 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 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 thesupreame 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
covenant tye and oblige himselfe to the people nor needed it be made solemnly before the Lord is the House of God 3. It is expresly a covenant that was between Ioash the King and his people and David made a covenant at his Coronation with the Princes and Elders of Israel therefore the people give the Crown to David Covenant-wise and upon condition that he should performe such and such duties to them and this is cleare by all Covenants in the Word of God even the Covenant between God and man is so mutuall I will be your God and yee shall be my people The covenant is so mutuall that if the people breake the covenant God is loosed from his part of the covenant Zach. 11. v. 10. 2. The covenant giveth to the beleever a sort of action of Law and jus quoddam to plead with God in respect of his fidelity to stand to that covenant that bindeth him by reason of his fidelity Esay 43. 26. Es 63. 16. Daniel 9. 4 5. and farre more a covenant giveth ground of a civill action and claime to a people and the free estates against a King seduced by wicked counsell to make war against the Land whereas he did sweare by the most high God that he should be a father and protector of the Church of God 2. All covenants and contracts between man and man yea all solemne promises bring the covenanteâ—s under a Law and a claime before men if the Oath of God be broken as the Covenant betwixt Abraham and Abimelech Gen. 21. 27. Ionathan and David I Sam. 18. 3. the spies professe to Rahab in the covenant that they made with him Iosh 2. v. 20. And if thou utter this our businesse say they we will be quit of thine Oath which thou hast made us to swear There be no mutuall contract made upon certain conditions but if the conditions be not fulfilled the party injured is loosed from the contract Barclay saith That this covenant obligeth the King to God but not the King to the people Ans It is a vaine thing to say that the people and the King make a covenant and that David made a covenant with the Elders and Princes of Israel for if he be obliged to God only and not to the people by a covenant made with the people it is not made with the people at all nay it is no more made with the people of Israel nor with the Chaldeans for it bindeth David no more to Israel nor to Chaldea as a covenant made with men Arnisaeus saith when two parties contract if one performe the duty the other is acquitted Sect. Ex hujusmod ubi vult just de duob reis l. 3. F. because every one of them are obliged fully Sect. 1. Iust cod to God to whom the Oath is made for that is his meaning and if either the people performe what is sworne to the Lord or the King yet one of the parties remaineth still under obligation and neither doth the peoples obedience exempt the King from punishment if he faile nor the Kings obedience exempt the people if they faile but every one beareth the punishment of his owne sin and there is no mutuall power in the parties to compell one another to performe the promised duty because that belongeth to the Pretor or Magistrate before whom the contract was made The King hath jurisdiction over the people if they violate their Oath but the people hath no power over the Prince and the ground that Arnisaeus layeth downe is that 1. The King is not a party contracting with the people as if there were mutuall obligations betwixt the King and the people and a mutuall coactive power on either side 2. That the care of Religion belongeth not to the people for that hath no warrant in the Word saith he 2. We read not that the people was to command and compell the Priests and the King to reforme Religion and abolish Idolatry as it must follow if the covenant be mutuall 3. Iehoiada 2 King 11. obligeth himselfe and the King and the people by a like law to serve God and here be not two parts but three the high Priest the King the People if this example prove any thing 4. Both King and people shall finde the revenging hand of God against them if they faile in the breach of their Oath but with this difference and every one of the two King and people by the Oath stand obliged to God the King for himselfe and the people for themselves but with this difference the King oweth to God proper and due obedience as any of the subjects and also to governe the people according to Gods true religion Deut. 17. 2 Chro. 29. and in this the Kings obligation differeth from the peoples obligation the people as they would be saved must serve God and the King for the same cause 1 Sam. 12. But besides this the King is obliged to rule and governe the people and keepe them in obedience to God but the people is not obliged to governe the King and keepe him in obedience to God for then the people should have as great power of jurisdiction over the King as the King hath o-over the people which is against the Word of God and the examples of the Kings of Iudah but this commeth not from any promise or covenant that the King hath made with the people but from a peculiar obligation whereby he is obliged to God as a man not as a King This is the mystery of the businesse but I oppose this in these Assertions 1. Assert As the King is obliged to God for the maintenance of true Religion so are the people and Princes no lesse in their place obliged to maintaine true Religion for 1. the people are rebuked because they burnt Incense in all high places 2 King 17. 11. 2 Chron. 33. 17. Hos 4. 13. And the reason why the high places are not taken away 2 Chro. 20. 33. is given for as yet the people had not prepared their heart unto the God of their fathers but you will reply elicite acts of maintenance of true Religion are commanded to the people and that the places prove but the question is De actibus imperatis of commanded acts of Religion sure none but the Magistrate is to command others to worship God according to his Word I answer in ordinary only Magistrates not the King only but all the Princes of the Land and Iudges are to maintaine Religion by their commandements Deut. 1. 16. 2 Chro. 1. 2. Deut. 16. 19. Eccles 5. 8. Hab. 1. 4. Mic. 3. 9. Zach. 7. 9. Hos 5. 10. 11. and to take care of Religion but when the Iudges decline from Gods way and corrupt the Law we finde the people punished and rebuked for it Ier. 15. 4. And I will cause them to be removed to all Kingdomes of the earth because of Manasseh the sonne of Hezekiah King of Iudah for that which he did in Ierusalem
but onely by meer approbation Negatur pag. 28 29. The Forms of Government not from God by an act of naked Providence but by his approving will Ibid. Soveraignty not from the people by sole approbation P. 29 30. Though God have peculiar acts of providence in creating Kings it followeth not hence that the people maketh not Kings P. 31. The P. Prelate exponeth prophecies true onely of David Solomon and Iesus Christ as true of prophane heathen Kings P. 34 35. The P. P. maketh all the heathen Kings to be Princes anointed with the holy Oyl of saving grace Ibid. QUEST VII Whether the P. Prelate conclude that neither constitution nor designation of Kings is from the people Negatur P. 38 39. The excellency of Kings maketh them not of Gods onely Constitution and Designation Ibid. How Soveraigntie is in the people how not P. 43. A Communitie doth not surrender their right and libertie to their Rulers so much as their power active to do and passive to suffer violence P. 44 45. Gods loosing of the bonds of Kings by the mediation of the peoples despising him proveth against the P. P. That the Lord taketh away and giveth Royall Majestie mediately not immediately P. 45 46. The subordination of people to Kings and Rulers both naturall and voluntary the subordination of beasts and creatures to man meerly naturall P. 46 47. The place Gen. 9. 5. He that shedeth man's blood c. discussed P. 47 48. QUEST VIII Whether or no the P. Prelate proveth by force of reason That the people cannot be capable of any power of Goverment Negatur pag. 49 50. In any communitie there is an active and passive power to Government P. 50. Popular Government is not that wherein all the whole people are Governours P. 53 54. People by nature are equally indifferent to all the three Governments and are under not any one by nature P. 53. The P. Prelate denyeth the Pope his father to be the Antichrist Ibid. The bad successe of Kings chosen by people proveth nothing against us because Kings chosen by God had bad successe through their own wickednesse P. 54 55. The P. Prelate condemneth King Charls his ratifying Parl. 2. An. 1641. The whole proceedings of Scotland in this present Reformation P. 56. That there be any supreme Judges is an eminent act of divine providence which hindereth not but that the King is made by the people P. 57. The people not patients in making a King as is water in the Sacrament of Baptisme in the Act of production of grace P. 58. QUEST IX Whether or no Soveraigntie is so in and from the people that they may resume their power in time of extreme necessity Negatur pag. 58. How the people is the subject of Soveraignty Ibid. No Tyrannicall power is from God P. 59. People cannot alienate the naturall power of self-defence Ibid. The power of Parliaments P. 60. The Parliament hath more power then the King Ibid. Judges and Kings differ P. 61. People may resume their power not because they are infallible but because they cannot so readily destroy themselves as one man may do P. 63. That the Sanedrim punished not David Bathsheba Joab is but a fact not a law P. 63 64. There is a subordination of Creatures naturall Government must be naturall and yet this or that form is voluntary P. 65 66 67. QUEST X. Whether or not Royall birth be equivalent to Divine Unction Negatur pag. 68. Impugned by eight Arguments Ibid. Royalty not transmitted from father to sonne ibid. A family may be chosen to a Crown as a single person is chosen but the tye is conditionall in both pag. 68. 69. The Throne by speciall promise made to David and his seed by God Psal 89. no ground to make birth In foro Dei a just title to the crowne pag. 69 70. A Title by conquest to a Throne must be unlawfull if birth be gods lawfull title pag. 70. Royalists who hold conquest to be a just title to the Crown teach manifest treason against King Charles and his Royall Heires ibid. Only Bona fortunae not honour or Royalty properly transmittable from father to sonne pag. 71. Violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull King pag. 72. Naked birth is inferiour to that very divine unction that made no man aâ— King without the peoples election pag. 73. If a Kingdome were by birth the King might sell it pag. 74. The Crown is the Patrimony of the Kingdome not of him who is King or of his father pag. 72 73 76. Birth a typicall designement to the Crowne in Israel pag. 74. The choise of a family to the Crowne resolveth upon the free election of the people as on the fountaine-fountaine-cause pag. 76. Election of a family to the Crown lawfull pag. 77. QUEST XI Whether or no he be more principally a King who is a King by birth or he who is a King by the free election of the people Affir posterius pag. 79. The Elective King commeth nearer to the first King Deut. 17. pag. 80. If the people may limit the King they give him the power ibid. A Community have not power formally to punish themselves pag. 81. The Hereditary and the elective Prince in divers considerations better or worse each one then another pag. 82. QUEST XII Whether or no a Kingdome may lawfully be purchased by the sole Title of Conquest Negatur pag. 82. 7. Argu. for the negat a twofold right of conquest ibid. Conquest turned in an after-consent of the people becommeth a just title pag. 83. Conquest not a signification to us of Gods approving will pag. 84. Meere violent domineering contrary to the acts of governing ibid. Violence hath nothing in it of a King ibid. A bloody Conquerour not a blessing per se as a King is pag. 85. Strength as prevailing is not Law or reason pag. 86 Fathers cannot dispone of the liberty of posterity not borne ibid. A father as a father hath not power of life and death pag. 87. Israels and Davids Conquests of the Canaanites Edomites Ammonites not lawfull because conquest but upon a Divine title of Gods promise pag. 88. 89. QUEST XIII Whether or no Royall Dignity have its spring from Nature and how that is true every man is borne free and how servitude is contrary to nature Affir 89. Seven sorts of superiority and inferiority pag. 89 90. Power of life and death from a positive Law ibid. A Dominion antecedent and consequent 90. Kings and subjects no naturall order ibid. A man is borne consequenter in politick relation pag. 91. Slavery not naturall from four reasons ibid. Every man borne free in regard of civill subjection not in regard of naturall such as of children and wife to Parents and Husband proved by seven Arguments pag. 91 92 93. Politique Government how necessary how naturall pag. 94. That Parents should inslave their children not naturall pag. 95. QUEST XIV Whether or
no the people make a Person their King conditionally or absolutely and whether the King be tyed by any such covenant pag. 96. The King under a naturall but no civill obligation to the people as Royalists teach ibid. The Covenant civilly tyeth the King proved by Scriptures and reasons by 8. Argu. ibid. sequent If the condition without which one of the parties would never have entered in Covenant be not performed that party is loosed from the Covenant pag. 97. The people and Princes are obliged in their places for Iustice and Religion no lesse then the King pag. 98. In so farre as the King presseth a false Religion on the people eatenus in so farre they are understood not to have a King pag. 99. The Covenant giveth a mutuall coactive power to King and people to compell each other though there be not one in earth higher then both to compell each of them pag. 100. The Covenant bindeth the King as King not as he is a man onely pag. 101. One or two Tyrannous acts deprive not the King of his Royall right pag. 104. Though there were no positive written Covenant which yet we grant not yet there is a naturall tacit implicit Covenant tying the King by the nature of his Office pag. 106 If the King be made King absolutely it is contrary to Scripture and the nature of his Office pag. 107. The people given to the King as a pledge not as if they became his owne to dispose of at his absolute will pag. 108. The King could not buy sell borrow if no Covenant should tye him to men ibid. The Covenant sworne by Iudah 2 Chro. 15. tyed the King pag. 109. QUEST XV. Whether the King be univocally or only Analogically and by proportion a father pag. 111 Adam not King of the whole earth because a father ibid. The King a Father Metaphorically and improperly proved by eight Arguments ibid. sequent QUEST XVI Whether or no a despoticall or masterly dominion agree to the King because he is King Negatur pag. 116 The King hath no masterly dominion over the Subjects as if they were his servants Proved by 4. Arguments pag. 116. The King not over men as reasonable creatures to domineere pag. 117. The King cannot give away his Kingdome or his people as if they were his proper goods ibid. A violent surrender of liberty tyeth not pag. 119 A surrender of ignorance is in so farre unvoluntary as it oblige not ibid. The goods of the subjects not the Kings proved by 8. Argu. pag. 120. All the goods of the subjects are the Kings in a four-fold sence pag. 121. QVEST. XVII Whether or no the Prince have properly the fiduciary or ministeriall power of a Tutor Husband Patron Minister Head Master of a Family not of a lord or dominator Affirmed p. 124. The King a Tutor rather then a Father as these are distinguished ibid. A free Communitie not properly and in all respects a minor and pupill p. 125. The Kings power not properly maritall and husbandly ibid. The King a Patron and Servant pag. 126. The Royall power only from God Immediatione simplicis constitutionis solum solitudine causae primae but not Immediatione applicationis dignitatis ad personam pag. 126. The King the Servant of the people both objectively and subjectively pag. 127. The Lord and the people by one and the same act according to the Physicall relation maketh the King ibid. The King head of the people Metaphorically only not essentially not univocally by 6. Argu. pag. 128. His power fiduciary only pag. 129 QVEST. XVIII What is the Law or manner of the King 1 Sam. 8 9 11. the place discussed fully pag. 130. The Power and the Offfce badly differenced by Barclay pag. 130. What is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the manner of the King by the harmony of Interpretors ancient and moderne Protestants and Papists pag. 131 132 133. Crying out 1 Sam. 8. not necessarily a remedy of tyranny nor a praying with faith and patience pag. 135 136. Resisting of Kings that are tyrannous and patience not inconsistent ibid. The Law of the King not a permissive Law as was the Law of Devorcement pag. 136 137. The Law of the King 1 Sam. 12. 23 24. not a Law of tyranny pag. 138 139. QVEST. XIX Whether or no the King be in Dignity and Power above the people Neg. Impugned by 10. Argu. p. 139. In what consideration the King is above the people and the people above the King pag. 139 140. A meane as a meane inferiour to the end how its true ibid. The King inferiour to the people ibid. The Church because the Church is of more excellency then the King because King pag. 140 141. The people being those to whom the King is given worthier then the gift pag. 141. And the people immortall the King mortall pag. 142. The King a meane only not both the efficient or Author of the Kingdome and a meane Two necessary distinctions of a meane pag. 143 If sin had never been there should have been no King pag. 142. The King is to give his life for his people ibid. The consistent cause more excellent then the effect pag. 143 144 145. The people then the King pag. 144 145. Vnpossible people can limit Royall Power but they must give Royall Power also ibid. The people have an action in making a King proved by foure Arguments ibid. Though it were granted that God immediately made Kings yet it is no consequent God only and not the people can unmake him pag. 146. The people appointing a King over themselves retaine the Fountaine-power of making a King pag. 147 148 149. The meane inferiour to the end and the King as King is a meane pag. 149 150 153. The King as a meane and also as a man inferiour to the people pag. 150. To sweare non-selfe-preservation and to sweare selfe-murther all one pag. 151. The people cannot make away their power 1. Their whole power nor 2. irrevocably to the King pag. 152. The people may resume the power they give to the Commissioners of Parliament when it is abused p. 152 The Tables in Scotland lawfull when the ordinary judicaturies are corrupt p. 153. Quod efficit tale idâ—ipsum magis tale discussed the fountain-power in the people the derived onely in the King p. 153 154 155. The King is a fiduciary a life-renter not a lord or heritor p. 155 156. How soveraigntie is in the people p. 156 157. Power of life and death how in a Community ibid. A Communitie voide of Ruiers is yet and may be a politike body p. 157. Iudges gods Analogically p. 158. QUEST XX. Whether Inferiour Judges be essentially the immediate Vicegerents of God as Kings not differing in essence and nature from Kings Affirmatur Proved by twelve Arguments pag. 159. Inferiour Iudges the immediate Vicars of God no lâ—sse then the King ibid. The consciences of inferiour Iudges immediately subordinate to God not to the King either mediately
obligatory in Law p. 234 235. Royalists confesse a Tyrant in exercise may be dethroned p. 235 236. How the people is the seat of the power of Soveraigntie p. 239 240. The place Psal 51. Against thee onely have I sinned c. discussed p. 241 242. Israels not rising in arms against Pharaoh examined p. 245 246 247 248 249. And Judahs not working their own deliverance under Cyrus p. 248 249. A Covenant without the Kings concurrence lawfull p. 249 250 251. QUEST XXVII Whether or no the King be the sole supreme and finall Interpreter of the Law Negatur p. 252. He is not the supreme and peremptor Interpreter p. 254. Nor is his will the sense of the Law p. 252 253. Nor is he the sole and onely judiciall Interpreter of the Law p. 253 254 255 seq QUEST XXVIII Whether or no Wars raised by the Estates and Subjects for their owne just defence against the Kings bloody Emissaries be lawfull Affir p. 257. The state of the question P. 257 258 If Kings be absolute a superiour Iudge may punish an inferiour Iudge not as a Iudge but an erring man ibid. By Divine institution all Covenants to restraine their power must be unlawfull p. 258 259. Resistance in some cases lawfull p. 260 261 262. Six Arguments for the lawfulnesse of defensive Wars in this Quest 260. seq Many others follow Quest 29. and 30. seq QUEST XXIX Whether in the case of defensive War the distinction of the Person of the King as a man who may and can commit hostile acts of tyranny against his subjects and of the Office and Royall Power that he hath from God and the people can have place Affirmatur p. 265. The Kings Person in concreto and his Office in abstracto or which is all one the King using his Power lawfully to be distinguished Rom. 13. p. 265. To command unjustly maketh not a higher power p. 265. 266. The person may be resisted and yet the Office cannot be resisted prooved by fourteene Arguments p. 265 266. seq Contrary Objections of Royalists and of the P. Prelate answered p. 270 271. seq What we meane by the person and Office in abstracto in this dispute we doe not exclude the person in concreto altogether but only the person as abusing his power we may kill a person as a man and love him as a sonne father wife according to Scripture p. 272 273 274. We obey the King for the Law and not the Law for the King p. 275 276. The loosing of habituall and actuall Royalty different p. 276. Ioh. 19. 10. Pilates power of crucifying Christ no Law-power given to him of God it s proved against Royalists by six Arguments p. 280. QVEST. XXX Whether or no passive obedience be a meane to which we are subjected in conscience by vertue of a Divine Commandement Neg. What a meane resistance is that flying is resistance p. 313. The place 1 Pet. 2. 18. discussed ibid. Patient bearing of injuries and resistance of injuries compatible in one and the same subject ibid. Christs non-resistance hath many things rare and extraordinary and so is no leading rule to us p. 315. Suffering is either commanded to us comparatively only that we rather choose to suffer then deny the truth or the manner only is commanded that we suffer with patience p. 317 318. sequent The Physicall act of taking avvay the life or of offending vvhen commanded by the Lavv of self defence is no murther p. 321. We have a greater dominion over our goods and members except in case of mutilation vvhich is a little death then over our life p. 321. To kill is not of the nature of self defence but accidentall thereunto ibid. Defensive vvar cannot be vvithout offending p. 323. The nature of defensive and offensine Warrs p. 324 325. Flying is resistance p. 325 326. QUEST XXXI Whether selfe-defence by opposing violence to unjust violence be lawfull by the Law of God and Nature Affirm p. 326 327. Self-defence in man naturall but Modus the way must be rationall and just p. 327. The method of selfe-defence ibid. Violent re-offending in selfe-defence the last remedy p. 328. It s Physically unpossible for a Nation to fly in the case of persecution for Religion and so they may resist in their owne self-defence p. 328. Tutela Vitae proxima and remota p. 329. In a remote posture of selfe-defence we are not to take us to re-offending as David was not to kill Saul when he was sleeping or in the Cave for the same cause ibid. David would not kill Saul because he was the Lords Anoynted p. 330. The King not Lord of chastity name conscience and so may be resisted p. 331. By universall and particular nature selfe-defence lawfull proved by divers Arguments p. 330. And made good by the testimony of Iurists p. 331. The love of our selves the measure of the love of our neighbour and inforceth selfe-defence p. 332. Nature maketh a private man his owne Iudge and Magistrate when the Magistrate is absent and violence is offered to his life as the Law saith p. 334 335. Selfe-defence how lawfull it is p. 333 334 335. What presumption is from the Kings carriage to the two Kingdomes are in Law sufficient grounds of defensive warrs p. 336 337. Offensive and defensive warrs differ in the event and intentions of men but not in nature and spece nor Physically p. 336 337 338. Davids case in not killing Saul nor his men no rule to us not in our lawfull defence to kill the Kings Emissaries the cases farre different p. 338 339. QUEST XXXII Whether or no the lawfulnesse of defensive warrrs can be proved from the Scripture from the examples of David the peoples rescuing Ionathan Elisha and the 80. valiant Priests who resisted Vzziah Affirm p. 340. David warrantably raised an Army of men to defend himselfe against the unjust violence of his Prince Saul p. 340 341 342. Davids not invading Saul and his men who did not aime at Arbitrary Government at subversion of Lawes Religion and extirpation of those that worshipped the God of Israel and opposed Idolatry but only pursuing one single person farre unlike to our case in Scotland and England now p. 342. 343. Davids example not extraordinary p. 343 344. Elisha's resistance proveth defensive warrs to be warrantable p. 344 345 Resistance made to King Vzziah by eighty valiant Priests proveth the same p. 346 347 348. The peoples rescuing Ionathan proveth the same p. 348 349. Libnah's revolt proveth this p. 349. The City of Abel defended themselves against Ioab King Davids Generall when he came to destroy a City for one wicked conspirator Sheba his sake p. 349 350. QUEST XXXIII Whether or no Rom. 13. 1. make any thing against the lawfulnesse of defensive warrs Neg. p. 350. The King not only understood Rom. 13. p. 351. 352. And the place Rom. 13. discussed p. 352 353 354. QUEST XXXIV Whether Royalists prove by cogent reasons the unlawfulnesse of defensive warrs
Nature why one Man should be King and Lord over another therefore while I be otherwise taught by the forecasten Prelate Maxwell I conceive all jurisdiction of Man over Man to be as it were Artificiall and Positive and that it inferreth some servitude whereof Nature from the womb hath freed us if you except that subjection of children to parents and the wife to the husband and the Law saith De jure gentium secundarius est omnis principatus 2. This also the Scripture proveth while as the exalting of Saul or David above their Brethren to be Kings and Captains of the Lords people is ascribed not to Nature for King and Beggar spring of one clay-mettall but to an act of Divine bounty and grace above Nature so Psal 78. 70 71. He took David from following the Ewes and made him King and feeder of his people 1 Sam. 13. 13. There is no cause why Royallists should deny Government to be naturall but to be altogether from God and that the Kingly power is immediatly and only from God because it is not naturall to us to subject to Government but against Nature and against the hair for us to resign our liberty to a King or any Ruler or Rulers for this is much for us and proveth not but Government is naturall it concludeth that a power of Government tali modo by Magistracy is not naturall but this is but a Sophisme a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad illud quod est dictum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this speciall of Government by resignation of our liberty is not naturall Ergo power of Government is not naturall it followeth not a negatione speciei non sequitur negatio generis non est homo ergo non est animal And by the same reason I may by an antecedent will agree to a Magistrate and a Law that I may be ruled in a politick Society and by a consequent will onely yea and conditionally onely agree to the penalty and punishment of the Law and it is most true no man by the instinct of Nature giveth consent to Penall Laws as Penall for Nature doth not teach a man nor incline his spirit to yeeld that his life shall be taken away by the sword and his blood shed except in this remote ground a man hath a disposition that a veine be cutt by the Physitian or a Member of his body cut off rather then the whole body and life perish by some contagious disease but here reason in cold blood not a naturall disposition is the neerest prevalent cause and disposer of the businesse When therefore a communitie by natures instinct and guidance incline to Government and to defend themselves from violence they do not by that instinct formally agree to Government by Magistrates and when a naturall conscience giveth a deliberate consent to good Laws as to this He that doth violence to the life of a man by man shall his blood be shed Gen. 9. 6. He doth tacitely consent that his own blood shall be shed but this he consenteth unto consequently tacitely and conditionally If he shall do violence to the life of his brother Yet so as this consent proceedeth not from a disposition every way purely naturall I grant reason may be necessitated to assent to the conclusion being as it were forced by the prevalent power of the evidence of an insuperable and invincible light in the premises yet from naturall affections there resulteth an act of self-love for self-preservation So David shall condemn another rich man who hath many Lambs and robbeth his poor brother of his one Lamb and yet not condemn himself though he be most deep in that fault 1 Sam. 12. 5 6. yet all this doth not hinder but Government even by Rulers hath its ground in a secondary Law of nature which Lawyers call secundariò jus naturale or jus gentium secundarium a secondary Law of nature which is granted by Plato and denied by none of sound judgement in a sound sense and that is this Licet vim virepellere It is lawfull to repeal violence by violence and this is a speciall act of the Magistrate 2. But there is no reason why we may not defend by good reasons that politick Societies Rulers Cities and Incorporations have their rise and spring from the secundary Law of nature 1. Because by Natures Law Family-Government hath its warrant and Adam though there had never been any positive Law had a power of governing his own family and punishing malefactors but as Tannerus saith well and as I shall prove God willing this was not properly a Royall or Monarchicall power and I judge by the reasoning of Sotus Molina and Victoria By what reason a Family hath a power of Government and of punishing Malefactors that same power must be in a societie oâ— men Suppose that sociâ—tie were not made up of Families but of single persons for the power of punishing ill-doers doth not reside in one single man of a familie or in them all as they are single private persons but as they are in a familie But this argument holdeth not but by proportion for paternall government or a fatherly power of parents over their families and a politick power of a Magistrate over many families are powers different in nature the one being warranted by natures law even in its species the other being in its spece and kind warranted by a positive law and in the generall only warranted by a law of nature 2. If we once lay the supposition that God hath immediately by the law of nature appointed there should be a Government and mediately defined by the dictate of naturall light in a communitie that there shall be one or many Rulers to governe the Communitie then the Scriptures arguments may well be drawn out of the school of nature as 1. The powers that are be of God therefore natures light teacheth that we should be subject to these powers 2. It is against natures light to resist the ordinance of God 3. Not to feare him to whom God hath committed the sword for the terror of evill doers 4. Not to honour the publike rewarder of well-doing 5. Not to pay tribute to him for his worke Therefore I see not but Govarruvias Soto Suarez have rightly said that power of Government is immediately from God and this or this definite power is mediately from God proceeding from God by the mediation of the consent of a Communitie which resigneth their power to one or moe Rulers and to me Barclaius saith the same quamvis populus potentiae largitor videatur c. QUEST III. Whether Royall Power and definite forms of Government be from God THe King may be said to be from God and his word in these seveall notions 1. By way of permission Ier. 43. 10. Say to them thus saith the Lord of hoasts the God of Israel Behold I will send and take Nebuchadnezzar the King of
Babylon my servant and will set his throne upon these stones that I have hid and he shall spread his royall pavilion over them And thus God made him a Catholick King and gave him all Nations to serve him Jer. 27. 6 7 8. though he was but an unjust Tyrant and his sword the best title to those crownes 2. The King is said to be from God by way of naked approbation God giving to a people power to appoint what Government they shall thinke good but instituting none in speciall in his Word This way some make Kingly power to be from God in the generall but in the particular to be an invention of men negatively lawfull and not repugnant to the Word as the wretched Popish ceremonies are from God But we teach no such thing let Maxwell free his Master Bellarmine and other Iesuites with whom he sideth in Romish Doctrine we are free of this Bellarmine saith that politick power in generall is warranted by a Divine law but the particular formes of politick power he meaneth Monarchie with the first is not by Divine right but de jure gentium by the law of nations and floweth immediately from humane election as all things saith he that appertein to the law of Nations So Monarchie to Bellarmine is but an humane invention as Mr. Maxwell his Surplice is and D. Ferne sect 3. p. 13. saith with Bellarmine 3. A King is said to be from God by particular designation as he appointed Saul by name for the crown of Israel Of this hereafter 4. The Kingly or Royall office is from God by divine institution and not by naked approbation for first we may well prove Aarons Priesthood to be of divine institution because God doth appoint the Priests qualification from his familie bodily perfections and his charge And we take the Pastor to be by divine law and Gods institution because the Holy Ghost 1 Tim. 3. 1 2 3 4. describeth his qualification so may we say that the Royall power is by divine institution because God mouldeth him Deut. 17. 15. Thou shalt in any wise set him King over thee whom the Lord thy God shall choose one from amongst thy brethren c. Rom. 2 13. There is no power but of God the powers that be are ordained of God 3. That power must be ordained of God as his own ordinance to which we owe subjection for conscience and not only for feare of punishment but every power is such Rom. 13. 4. To resist the Kingly power is to resist God 5. He is the Minister of God for our good 6. He beareth the sword of God to take vengeance upon ill-doers 7. The Lord expresly saith 1 Pet. 2. 17. Feare God honour the King v. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreme 14. or unto governours as unto those that are sent by him c. Tit. 3. Put them in mind to be subject to principalities and powers and so the fift Commandement layeth obedience to the King on us no lesse then to our parents Whence I conceive that power to be of God to which by the morall law of God we owe perpetuall subjection and obedience 8. Kings and all Magistrates are Gods and Gods deputies and lieutenants upon earth Ps 82. 1. 6 7. Exod. 22. 8. Exod. 4. 16. and therefore their Office must be a lawfull ordinance of God 9. By their Office they are feeders of the Lords people Ps 78. 70. 71. 72. the shields of the earth Ps 47. 9. nursing fathers of the Church Ps 49. 23. Captaines over the Lords people 1 Sam. 9. 19. 10. It is a great Iudgement of God when a Land wanteth the benefit of such ordinances of God Esay 3. 1 2. 3. 6 7. 11. The execution of their office is an act of the just Lord of heaven and earth not onely by permission but according to Gods revealed Will in his Word their judgement is not the judgement of men but of the Lord 2 Chron. 19. 6. and their Throne is the Throne of God 1 Chron. 19. 21. 12. Hiâ—rom saith to punish murtherers and sacrilegious persons is not bloud-shed but the ministery and service of good Lawes So if the King be a living law by Office and the law put in execution which God hath commanded then as the Morall Law is by divine institution so must the Officer of God be who is Custos vindex legis divinae the keeper preserver and avenger of Gods Law and Basilius this is the Princes Office Vt opem â—erat virtuti malitiam vero impugnet when Paulinus Treverensis Lucifer Metropolitane of Sardinia Dionysius Mediolanensis and other Bishops were commanded by Constantine to write against Athanasius they answered Regnum non ipsius esse sed dei aquo acceperit the Kingdom was Gods not his as Athanasius saith Optatus Milevitanus helpeth us in the cause where he saith with Paul VVe are to pray for heathen Kings The genuine end of the Magistrate saith Epiphanius is ut ad bonum ordinem universitatis mundi omnia ex deo bene disponantur atque administrentur But some object if the Kingly Power be of divine institution then shall any other government be unlawfull and contrary to a divine institution and so we condemne Aristocracy and Democracy as unlawfull Ans This consequence were good if Aristocracy and Democracy were not also of divine institution as all my arguments prove for I judge they are not Governments different in nature if we speake Morally and Theologically onely they differ politically and positively nor is Aristocracy any thing but diffused and inlarged Monarchy and Monarchy is nothing but contracted Aristocracy even as it is the same hand when the thumb and the foure fingers are folded together and when all the five fingers are dilated and stretched out and where ever God appointed a King he never appointed him absolute and a sole independent Angell but joyned alwaies with him Iudges who were no lesse to judge according to the Law of God 2 Chron. 19. 6. then the King Deut. 17. v. 15. And in an obligation morall of judging righteously the conscience of the Monarch and the conscience of the inferiour Iudges are equally with an immediate subjection under the King of Kings for there is here a co-ordination of consciences and no subordination for it is not in the power of the inferiour Iudge to judge Quoad specificationem as the King commandeth him because the judgement is neither the Kings nor any mortall mans but the Lords 2 Chronicles 19. 6 7. Hence all the three formes are from God but let no man say if they be all indifferent and equally of God societies and Kingdomes are left in the dark and know not which of the three they shall pitch upon because God hath given to them no speciall direction for one rather than for another But this is easily answered that a
in all things except sinne It is tyrannicall and domineering Logick Many things are ascribed to God only by reason of a speciall and admirable act of providence as the saving of the world by Christ the giving of Canaan to Israel the bringing his people out of Egypt and from Chaldea the sending of the Gospel to both Iew Gentile c. But shall we say that God did none of these things by the ministerie of men and weake and fraile men 2. How proveth the Prelate that all royall ensignes are ascribed to God because Esa 62. the Church universall shall be as a crown of glorie and a royall diadem in the hand of the Lord ergo baculus in angulo the Church shall be as a seale on the heart of Christ what then Hieronymus Procopius Cyrillus with good reason render the meaning thus Thou O Zion and Church shalt be to me a royall Priesthood and a holy people For that he speaketh of his owne Kingdome and Church is most evident v. 1. 2. For Zions sake I will not hold my peace c. 3. God put a crown of pure gold on Davids head Psal 21. 3. therefore Iulian Nero and no elective Kings are made and designed to be Kings by the people He shall never prove this consequence The Chaldee paraphrase applyeth it to the reigne of King Messiah Diodatus he speaketh of the kingdome of Christ Ainsworth maketh this crowne a signe of Christs victorie Athanasius Eusebius Origen Augustine Dydimus expound it of Christ and his kingdome The Prelate extendeth it to all Kings as the blasphemous Rabbines especially Ra. Salomon deny that he speaketh of Christ here but what more reason is there to expound this of the crownes of all Kings given by God I deny not to Nero Julian c. then to expound the foregoing and following verses as applyed to all Kings Did Julian rejoyce in Gods salvation did God grant Nero his hearts desire did God grant as it is v. 4. life eternall to Heathen Kings as Kings which words all Interpreters expound of the eternitie of Davids throne till Christ come and of victorie and life eternall purchased by Christ as Ainsworth with good reason expounds it And what though God give David a Crown ergo not by second causes and by bowing all Israels heart to come in sinceritie to Hebron to make David King 1 King 12. 38. God gave corne and wine to Israel Hos 2. shall the Prelate and the Anabaptist inferre Ergo he giveth it not by plowing sowing and the art of the husbahd-man 3. The Heathen acknowledged a Divinitie in Kings but he is blind who readeth them and seeth not in their writings that they teach that the people maketh Kings 4. God girt David with strength while he was a private man and persecuted by Saul and fought with Goliah as the title of the same beareth and he made him a valiant man of warre to breake bowes of steele ergo he giveth the sword to Kings as Kings and they receive no sword from the people This is poore Logick 5. The P. Prelate sendeth us Judg. 7. 17. to the singular and extraordinarie power of God with Gideon and I say that same power behoved to be in Oreb and Zeba v. 27. for they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princes and such as the Prelate from Pro. 8. 15. saith have no royall power from the people 6. Moses and Aaron their two rods were miraculous This will prove that Priests are also Gods and their persons srcred I see not except the Prelate would be at worshipping of Reliques what more royall Divinitie is in Moses his rod because he wrought miracles by his rod then there is in Elias his staffe in Peters napkin in Pauls shadow This is like the strong symbolicall Theologie of his fathers the Jesuites which is not argumentative except he say that Moses as King of Jesurum wrought miracles and why should not Nero Caligula Pharoah and all Kings rods then dry up the red sea and work miracles 7. We give all the stiles to Kings that the Fathets gave and yet we thinke not when David commandeth to kill Vriah and a King commandeth to murther his innocent subjects in England and Scotland that that is Divalis jussio the command of a God and that this is a good consequence What ever the King commandeth though it were to kill his loyallest Subjects is the commandement of God Ergo the King is not made King by the people 8. Ergo saith he these new Statists disgrace the King If a most New Statist sprung out of a poore pursevant of Kraill from the dunghill to the Court could have made himselfe an old Statist and more expert in state affaires then all the Nobles and soundest Lawyers in Scotland and England this might have more weight 9. Therefore the King saith P. P. is not the extract of the basest of rationall creatures He meaneth fex populi his owne house and linage but God calleth them his owne people a royall Priesthood a chosen generation and ps 78. 71. will warrant us to say the people is much worthier before God then one man seeing God choose David for Iacob his people and Israel his inheritance that he might feede them Iohn P. P. his fathers suffrage in making a King will never be sought We make not the multitude but the three Estates including the Nobles and Gentry to be as rationall creatures as any Apostate Prelate in the three Kingdomes QUEST VII Whether or no the P. Prelate the aforesaid Authâ—r doth by force of reason evince that neither constitution nor designation of the King is from the people THe P. Prelate aymeth but it is an empty ayme to prove that the people are wholly excluded I answer only Arguments not pitched on before as the Prelate saith P. Prelate 1. To whom can it be more proper to give the rule over men then to him who is the onely King truely and properly of the whole world 2. God is the immediate Author of all rule and power that is amongst all his creatures above or below 3. Man before the fall received dominion and empire over all the creatures below immediatly as Gen. 1. 28. Gen. 9. 2. ergo we cannot deny that the most noble government to wit Monarchy must be immediatly from God without any Contract or compact of men Ans The first reason concludeth not what is in question for God only giveth rule and power to one man over another ergo he giveth it immediatly it followeth not 2. It shall as well prove that God doth immediatly constitute all Iudges and therefore it shall be unlawfull for a city to appoint a Major or a shire a Iustice of peace 3. The second argument is inconsequent also because God in creation is the immediat Author of all things and therefore without consent of the creatures or any act of the creature created an Angell a nobler creature then man and a man then a
woman and men above beasts because those that are not can exercise no act at all But it followeth not ergo all the workes of providence such as is the government of Kingdomes are done immediatly by God for in the workes of providence for the most part in ordinary God worketh by meanes it is then as good a consequence as this God immediatly created man ergo he keepeth his life immediatly also without foode and sleepe God immediatly created the Sunne ergo God immediatly without the mediation of the Sunne giveth light to the world The making of a King is an act of reason and God hath given a man reason to rule himselfe and therefore hath given to a society an instinct of reason to appoint a governour over themselves but no act of reason goeth before man be created ergo it is not in his power whether he be created a creature of greater power then a beast or no. 4. God by creation gave power to a man over the creatures and so immediatly but I hope a man cannot say God by creation hath made a man King over men 5. The Excellency of Monarchy if it be excellenter then any other government of which hereafter is no ground why it should be immediatly from God as well as mans dominion over the creature for then the worke of mans redemption being more excellent then the rayâ—ing of Lazarus should have been done immediatly without the incarnation death and satisfaction of Christ for no act of God without himselfe is comparable to the worke of redemption 1 Pet. 1. 11 12. Col. 1. 18 19 20 21 22. and Gods lesse excellent workes as his creating of beasts and wormes should have been done mediatly and his creating of man immediatly P. P. They who execute the judgement of God must needs have the power to judge from God But Kings are Deputies in the exercises of the Iudgements of God ergo the proposition is proved How is it imaginable that God reconcileth the world by Ministers and saveth man by them 1 â—or 5. 1 Tim. 4. 16. except they receive a power so to doe from God the assumption is Deut. 1. 17. 1 Chro. 19. 6. Let none say Moses and Iehosaphat speake of inferiour Iudges for that which the King doth to others he doth by himselfe also 5. The execution of the Kingly power is from God for the King is the Servant Angell Legat Minister of God Rom. 13. 6 7. God properly and primarily is King and King of Kings and Lord of Lords 1. Tim. 6. 15. Rev. 1. 5. 21. 27. 29. 20. all Kings related to him are Kings equivocally and in resemblance and he the only King Ans That which is in question is never concluded to wit that the King is both immediatly constituted and designed King by God onely and not by the mediation of the people for when God reconcileth and saveth men by Pastors he saveth them by the intervening action of men so he scourgeth his people by men as by his sword Psal 17. 14. and hand staffe and rod Esay 10 5. his hammer Doth it follow that God onely doth immediatly scourge his people and that wicked men have no more hand and action in scourging his people then the Prelate saith the people have an hand in making a King and that is no hand at all by the Prelates way 2. We may borrow the Prelates argument inferiour Iudges execute the judgement of the Lord and not the judgement of the King ergo by the Prelates argument God doth only by immediate power execute judgement in them and the inferiour Iudges are not Gods ministers executing the judgement of the Lord. But the Conclusion is against all truth and so must the Prelates argument be And that inferiour Iudges are the immediate substitutes and deputies of God is hence proved and shall be hereafter made good if God will 3. God is properly King of Kings so is God properly causa causarum the cause of causes the life of lifes the joy of joyes What shall it then follow that he worketh nothing in the creatures by their mediation as causes Because God is light of lights doth he not enlighten the earth and aire by the mediation of the Sun then God communicateth not life mediately by generation he causeth not his Saints to rejoyce with joy unspeakable and glorious by the intervening mediation of the Word These are vaine consequences Soueraignty and all power and virtue is in God infinitely And what vertue and power of action is in the creatures as they are compared with God are in the creatures equivocally and in resemblance and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in opinion rather then really Hence it must follow 1. that second causes worke none at all no more then the people hath a hand or action in making the King and that is no hand at all as the Prelate saith And God only and immediately worketh all workes in the creatures because both the power of working and actuall working commeth from God and the creatures in all their working are Gods instruments and if the Prelate argue so frequently from power given of God to prove that actuall reigning is from God immediately Deut. 8. 18. The Lord giveth the power to get wealth will it follow that Israel getteth no riches at all or that God doth not mediately by them and their in dustrie get them I thinke not P. Prelate 6. To whom can it be due to give the Kingly office but to him only who is able to give the indument and abilitie for the office now God only and immediately giveth abilitie to be a King as the Sacramentall anointing proveth Josh 3. 10. Othniel is the first Judge after Joshua and it is said And the Spirit of the Lord came upon him and and he judged Israel the like is said of Saul and David Ans God gave royall indowments immediatly ergo he immediatly now maketh the King It followeth not for the species of government is not that which formally constituteth a King for then Nero Caligula Iulian should not have been Kings and those who come to the Crowne by conquest and blood are essentially Kings as the Prelate saith but be all these Othniels upon whom the spirit of the Lord commeth then they are not essentially Kings who are babes and children and foolish and destitute of the royall endowments but it is one thing to have a royall gift and another thing to be formally called to the Kingdome David had royall gifts after Samuel anoynted him but if you make him King before Sauls death Saul was both a traytor all the time that he persecuted David and so no King and also King and Gods anoynted as David acknowledgeth him and therefore that spirit that came on David and Saul maketh nothing against the peoples election of a King as the Spirit of God is given to Pastors under the new Testament as Christ promised but it will not follow that the designation of the man who is
noble and superior by nature not by voluntary designation or as Royalists say by naked approbation which yet must be an arbitrary and voluntary action 3. The P. Prelate commendeth order while we come to the most supreme hence he commendeth Monarchie above all governments because it is Gods government I am not against it that Monarchie well tempered is the best government though the question to me is most problematick but because God is a Monarch who cannot erre or deny himselfe therefore that sinfull Man be a Monarch is miserable logick and he must argue solidly forsooth by this because there is order as he saith amongst Angels will he make a Monarch and a King-Angell His argument if it have any weight in it driveth at that even that there be crowned Kings amongst the Angels QUEST X. Whether or not Royall birth be equivalent to divine unction SYmmons holdeth that Birth is as good a title to the Crowne as any given of God How this question can be cleered I see not except we dispute that Whether or not Kingdomes be proper patrimonies derived from the father to the sonne 2. I take there is a large difference betwixt a thing transmittable by birth from the father to the sonne and a thing not transmittable 3. I conceive as a person is chosen to be a King over a people so a familie or house may be chosen and a Kingdome at first choosing a person to be their King may also tye themselves to choose the first borne of his body but as they transferre their power to the father 1. for their owne safetie and peace not if he use the power they give him to their destruction the same way they tye themselves to his first borne as to their King 2. As they chose the father not as a man but a man gifted with Royall grace and a Princely facultie for government so they can but tye themselves to his first borne as to one graced with a facultie of governing and if his first borne shall be borne an idiot and a foole they are not obliged to make him King for the obligation to the sonne can be no greater then the obligation to the father which first obligation is the ground measure and cause of all posterior obligations If Tutors be appointed to governe such an one the Tutors have the Royall power not the Idiot nor can he governe others who cannot governe himselfe That Kings goe not as heritage from the father to the sonne I prove 1. God Deut. 17. could not command them to choose such a one for the King and such a one who sitting on his throne shall follow the direction of God speaking in his word if birth were that which gave him Gods title and right to the Crowne for that were as much as such a man should be heire to his fathers inheritance and the sonne not heire to his fathers crown except he were such a man But God in all the Law morall or judiciall never required that the heire should be thus and thus qualified else he should not be heire but he requireth that a man and so that a familie should be thus and thus qualified else they should not be Kings and I confirme it thus The first King of divine institution must be the rule paterne and measure of all the rest of the Kings as Christ maketh the first Mariage Mat. 19. 8. a paterne to all others and Paul reduceth the right administration of the Supper to Christs first institution 1 Cor. 11. 23. now the first King Deut. 17. 14 15. is not a man qualified by naked birth for then the Lord in describing the manner of the King and his due qualifications should seeke no other but this You shall choose onely the first borne or the lawfull sonne of the former King But seeing the King of Gods first moulding is a King by election and what God did after by promises and free grace give to David and his seed even a throne till the Mesiah should come and did promise to some Kings if they would walke in his Commandements that their sonnes and sonnes sonne should sit upon the Throne in my judgement is not an obliging Law that sole birth should be as just a title in foro Dei for I now dispute the question in point of conscience as royall unction 2. If by divine institution God have impawned in the peoples hand a subordinate power to the most High who giveth Kingdomes to whom he will to make and create Kings then is not sole birth a just title to the Crowne But the former is true both by precept Deut. 17. 1. and God expresly saith Thou shalt choose him King whom the Lord shall choose And if it had not been the peoples power to create their own Kings how doth God after he had designed Saul their King yet expresly 1 Sam. 10. inspire Samuel 17. to call the people before the Lord at Mizpeh to make Saul King and how doth the Lord v. 22. expresly shew to Samuel and the people the man that they might make him King and because all consented not that Saul should be King God will have his Coronation renewed v. 14. Then said Samuel to the people Come and let us goe to Gilgall and renew the Kingdome there 15. And all the people went to Gilgall and there they made Saul King before the Lord in Gilgall And how is it that David anoynted by God is yet no King but a private subject while all Israel make him King at Hebron 3. If royall birth be equivolent to royall unction and the best title and if birth speake and declare to us the Lords appointment and Will that the first born of a King should be King as M. Symmons and others say then is all title by conquest where the former King standeth in title to the Crowne and hath an Heire unlawfull But the latter is against all the nation of the Royalists for Arnisaeus Barclay Grotius Io. Roffensis Episco the Bishop of Spalato Dr. Ferne M. Symmons the excommunicate Prelat if his poore learning may bring him in the roll teach that conquest is a lawfull title to a Crowne I prove the Proposition 1. because if birth speake Gods revealed Will that the Heire of a King is the lawfull King then conquest cannot speake the contradicent Will of God that he is no lawfull King but the conquerour is the lawfull King Gods revealed Will should be contradictory to himselfe and birth should speake it is Gods Will that the Heire of the former King be King and the conquest being also Gods revealed Will should also speake that that Heire should not be King 2. If birth speake and reveale Gods Will that the Heire be King it is unlawfull for a conquered people to give their consent that a conquerour be their King For their consent being contrary to Gods revealed Will which is that birth is the just title must be an unlawfull consent If Royalists
are for the heir as the mean for the end But the King is for his Kingdom as a mean for the end as the watch-man for the Citie the living Law for peace and safetie to Gods people and therefore is not heres hominum An heir of men but men are rather heredes regis heirs of the King Arnisaeus Many Kingdoms saith he are purchased by just war and transmitted by the Law of heritage from the father to the son beside the consent of the people because the son receiveth right to the Crown not from the people but from his parents nor doth he possesse the Kingdom as the patrimony of the people keeping onely to himself the burden of protecting and governing the people but as a proprietie given to him lege regni by his parents which he is obliged to defend and rule as a father looketh to the good and welfare of the family yet so also as he may look to his own good Answ We read in the Word of God That the people made Solomon King not that David or any King can leave in his Testament a Kingdom to his son 2. He saith The son hath not the right of reigning as the patrimony of the people but as a proprietie given by the Law of the Kingdom by his parents Now this is all one as if he said The son hath not the right of the Kingdom as the patrimony of the people but as the patrimony of the people which is good non-sense For the proprietie of reigning given from father to son by the Law of the Kingdom is nothing but a right to reign given by the Law of the people and the very gift and patrimony of the people for Lex regni This Law of the Kingdom is the Law of the people tying the Crown to such a Royall Family and this Law of the people is prior and ancienter then the King or the right of reigning in the King or which the King is supposed to have from his Royall father because it made the first father the first King of the Royall Line For I demand How doth the son succeed to his fathers Crown and Throne Not by any promise of a divine Covenant that the Lord maketh to the father as he promised that Davids seed should sit on his throne till the Messiah should come this as I conceive is vanished with the Common-wealth of the Iews nor can we now finde any immediate divine constitution tying the Crown now to such a race nor can we say this cometh from the will of the father King making his son King For 1. there is no Scripture can warrant us to say The King maketh fountain- a King but the Scripture holdeth forth that the people made Saul and David Kings 2. This may prove That the father is some way a cause why this son succeedeth King but he is not the cause of the Royaltie conferred upon the whole Line because the question is Who made the first father a King Not himself nor doth God now immediately by Prophets anoint men to be Kings then need force the people choose the first man then must the peoples election of a King be prior and more ancient then the birth-law to a Crown And election must be a better right then birth 2. The question is Whence cometh it that not onely the first father should be chosen King but also whence is that whereas it is in the peoples freewill to make the succession of Kings go by free election as it is in Denmark and Pol yet the people doth freely choose not only the first man to be King but also the whole race of the first born of this mans Family to be Kings All here must be resolved in the free will of the Communitie now since we have no immediate and propheticall enthroning of men it is evident That the lineall deduction of the Crown from father to son through the whole line is from the people not from the parent Hence I adde this as my sixth Argument That which taketh away that naturall aptitude and natures birth-right in a Communitie given to them by God and nature to provide the most efficacious and prevalent mean for their own preservation and peace in the fittest Government that is not to be holden but to make birth the best title to the Crown and better then free election taketh away and impedeth that naturall aptitude and natures birth-right of chosing not simply a Governour but the best the justest the more righteous and tyeth and fettereth their choice to one of a house whether he be a wise man and righteous and just or a fool and an unjust man therefore to make birth the best title to the Crown is not to be holden It is objected That parents may binde their after Generations to choose one of such a line But by this Argument their naturall birth-right of a free choice to elect the best and fittest is abridged and clipped and so the posterity shall not be tyed to a King of the Royall Line to which the Ancestors did swear See for this the learned Author of Scripture and Reasons pleaded for defensive Arms. Answ Frequent elections of a King at the death of every Prince may have by accident and through the corruption of our nature bloody and tragicall sequels and to eschew these people may tie and oblige their children to chose one of the first born Male or Female as in Scotland and England of such a line but I have spoken of the excellencie of the title by election above that of birth as comparing things according to their own nature together but give me leave to say That the posterity are tyed to that Line 1. Conditionally So the first born ceteris paribus be qualified and have an head to sit at the helm 2. Elections of Governours would be performed as in the sight of God and in my weak apprehension the person coming neerest to Gods judge Fearing God hating covetousnesse and to Moses his King Deut. 17. one who shall read in the Book of the Law and it would seem now that gracious morals are to us insteed of Gods immediate designation 3. The genuine and intrinsecall end of making Kings is not simply governing but governing the best way in peace honesty and godlinesse 1. Tim. 2. Ergo These are to be made Kings who may most expeditely procure this end neither is it my purpose to make him no King who is not a gracious man onely here I compare title with title 7. Argument Where God hath not bound the conscience men may not binde themselves or the consciences of the posterity But God hath not bound any nation irrevocably and unalterably to a Royall Line or to one kinde of Government Ergo No nation can binde their conscience and the conscience of the posterity either to one Royall Line or irrevocably and unalterably to Monarchy The proposition is clear 1. No Nation is tyed jure divine by
the tie of a divine Law to a Monarchy rather then to another Government The Parisian Doctors prove That the precept of having a Pope is affirmative and so tyeth not the Church ad semper for ever and so the Church is the body of Christ without the Pope and all oaths to things of their nature indifferent and to things the contrary whereof is lawfull and may be expedient and necessary lay on a tie onely conditionally in so far as they conduce to the end If the Gibeonites had risen in Joshuaes dayes to cut off the people of God I think no wise man can think that Joshua and the people were tyed by the oath of God not to cut off the Gibeonites in that case For to preserve them a live as enemies was against the intent of the oath which was to preserve them alive as friends demanding and supplicating peace and submitting The assumption is clear If a Nation seeth that Aristocraticall Government is better then Monarchy hic nunc That the sequels of such a Monarchy is bloody destructive tyrannous that the Monarchy compelleth the free subjects to Turcisme to grosse Idolatry they cannot by the divine bond of any oath captive their naturall freedom which is to choose a Government and Governours for their safetie for a peaceable and godly life or fetter and chain the wisdom of the posterity unalterably to a Government or a Royall Line which hic nunc contrary to the intention of their oath proveth destructive and bloody And in this case even the King though tyed by an oath to govern is obliged to the practices of the Emperour Otho And as Speed saith of Richard the second to resign the Crown for the eschewing of the effusion of blood And who doubteth but the second wits of the experienced posterity may correct the first wits of their fathers nor shall I ever beleeve that the fathers can leave in legacie by oath any chaines of the best gold to fetter the after wits of posteritie to a choice destructive to peace and true Godlinesse To these adde 8. That 1. an heritor may defraud his first borne of his heritage because of his dominion he hath over his heritage A King cannot defraud his first-borne of the Crown 2. An heritor may divide his heritage equally amongst his twelve sonnes A King cannot divide his Royall Dominions in twelve parts and give a part to every sonne for so he might turne a Monarchie into an Aristocracie and put twelve men in the place of one King 3. Any heritor taken captive may lawfully oppignorate yea and give all his inheritance as a ransome for his liberty for a man is better then his inheritance but no King may give his Subjects as a price or ransome Yet I shall not be against the succession of Kings by birth with good limitations and shall agree that through the corruption of mans nature it may be in so far profitable as it is peaceable and preventeth bloody tumults which are the bane of humane societies Consider further for this Aegid Romanus l. 3. de reg princi cap. 5. Turrecremat and Joan. de terra Reubea 1 tract contr Rebelles ar 1. â—on 4. Yet Aristotle the flower of Natures wit l. 3. polit c. 10. preferreth Election to Succession He preferreth Carthage to Sparta though their Kings came of Hercules Plutarch in Scylla saith he would have Kings as dogs that is best hunters not those who are borne of best dogs Tacitus lib. 1. Nasci generari à Principibus fortuitum nec ultra aestimantur QUEST XI Whether or no he be more principally a King who is a King by birth or he who is a King by the free election and suffrages of the people VVIthout deteining the Reader I desire liberty to assert that 1 Assert Where God establisheth a Kingdome by Birth that government hic nunc is best and because God principally distributeth Crownes when God establisheth the Royall line of David to reigne he is not principally a King who commeth neerest and most immediately to the fountaine of Royaltie which is Gods immediate will but God established his nunc for typicall reasons with reverence of the learned a King by birth 2 Assert But to speake of them ex natura rei and according to the first mould and paterne of a King by law A King by election is more principally King magis univoce per se then an hereditarie Prince 1. Because in hereditary Crownes the first familie being chosen by the free suffrages of the people for that cause ultimatè the hereditary Prince commeth to the throne because his first father and in him the whole line of the familie was chosen to the Crowne and propter quod unumquodque tale id ipsum magis tale 2. The first King ordained by Gods positive law must be the measure of all Kings and more principally the King then he who is such by derivation But the first King is a King by election not by birth Deut. 17. 15. Thou shalt in any wise set him King over thee whom the Lord thy God shall choose One from amongst thy brethren shalt thou set over thee If the free will of the people be not the neerest cause of the first moulded King God could have made no positive law to choose such a man not such a man for all positive lawes presuppose free election 3. The Law saith Surrogatum fruitur privilegiis ejus in cujus locum surrogatur He who is substituted in the place of another enjoyeth the priviledges of him in whose place be succeedeth But the hereditary King hath Royall priviledges from him who is chosen King Salomon hath the Royall priviledges of David his father and is therefore King by birth because his father David was King by election And this I say not because I think sole birth is a just title to the Crown but because it designeth him who indeed virtually was chosen when the first King of the race was chosen 4. Because there is no dominion of either Royalty or any other way by nature no more then an Eagle is born King of Eagles a Lyon King of Lyons neither is a man by nature born King of men and therefore he who is made King by suffrages of the people must be more principally King then he who hath no title but the womb of his mother Doct. Fern is so farre with us to father Royaltie upon the peoples free election as on the formall cause that he saith If to design the person and to procure limitation of the power in the exercise of it be to give the power we grant the power is from the people but saith he you will have the power originally from themselves in another sense for you say they reserve power to depose and displace the Magistrate sometime they make the Monarch supreme and then they devest themselves of all power and keep none to themselves but before established Government they have
but to God But the contrary is true Beside the King and the Peoples covenant with the Lord King Joash made another covenant with the People and Jehoiada the Priest was only a witnesse or one who in Gods name performed the rite of annointing otherwise he was a subject on the peoples side obliged to keep allegiance to Joash as to his Soveraigne and Master But certainly who ever maketh a covenant with the people promising to governe them according to Gods word and upon that condition and these termes receiveth a throne and crown from the people he is obliged to what he promiseth to the people Omnis promittens facit alteri cui promissio facta est jus in promittentâ—m Who ever maketh a promise to another giveth to that other a sort of right or jurisdiction to challenge the promise The covenant betwixt David and Israel were a shadow if it tye the people to allegiance to David as their King and if it tye not David as King to govern them in righteousnesse but leave David loose to the people and only tye him to God then it is a covenant betwixt David and God only But the Text saith It is a covenant betwixt the King and the People 2 King 11. 17. 2 Sam. 5. 3. Hence our second Argument He who is made a minister of God not simply but for the good of the subject and so he take heed to walk in Gods law as a King and governe according to Gods will he is in so far only made King by God as he fulfilleth the condition and in so far as he is a minister for evill to the subject and ruleth not according to that which the book of the Law commandeth him as King in so far he is not by God appointed King and Ruler and so must be made a King by God conditionally But so hath God made Kings and Rulers Rom. 13. 4. 2 Chron. 6. 16. Ps 89. 30 31. 2 Sam. 7. 12. 1 Chron. 28. 7 8 9. This argument is not brought to prove that Jeroboam or Saul leave off to be Kings when they faile in some part of the condition or as if they were not Gods Vicegerents to be obeyed in things lawfull after they have gone on in wicked courses For the People consenting to make Saul King they give him the Crown pro hac vice at his entry absolutely there is no condition required in him before they make him King but only that he covenant with them to rule according to Gods law The conditions to be performed are consequent and posterior to his actuall coronation and his sitting on the Throne But the argument presupposing that which the Lords word teacheth to wit that the Lord and the people giveth a crown by one and the same action for God formally maketh David a King by the Princes and Elders of Israels choosing of him to be their King at Hebron and therefore seeing the people maketh him a King covenant-wise and conditionally so he rule according to Gods Law and the people resigning their power to him for their safety and for a peaceable and godly life under him and not to destroy them and tyrannize over them it is certain God giveth a King that same way by that same very act of the people and if the King tyrannize I cannot say it is beside the intention of God making a King not yet beside his intention as a just punisher of their transgressions for to me as I conceive nothing either good or evill falleth out beside the intention of him who doeth all things according to the pleasure of his Will if then the people make a King as a King conditionally for their fafety and not for their destruction for as a King he saveth as a man he destroyeth and not as a King and Father and if God by the peoples free election make a King God maketh him a King conditionally and so by covenant and therefore when God promiseth 2 Sam. 7. 12. 1 Chron. 28. 7 8 9. to Davids seed and to Solomon a Throne he promiseth not a Throne to them immediatly as he raised up Prophets and Apostles without any mediate action and consent of the people but he promiseth a Throne to them by the mediate consent election and covenant of the people which condition and covenant he expresseth in the very words of the people covenant with the King so they walke as Kings in the Law of the Lord and take heed to Gods Commandements and Statutes to doe them Obj. But then Solomon falling in love with many outlandish women and so not walking according to Gods Law loseth all royall dignity and Kingly power and the people is not to acknowledge him as King since the Kingly power was conferred upon him rather then Adonijah upon such a condition which condition not being performed by him it is presumed that neither God nor the people under God as Gods instruments in making King conferred any royall power on him Ans It doth not follow that Solomon falling in love with strange women doth lose Royall dignity either in the Court of Heaven or before men because the conditions of the covenant upon which God by the people made him King must be exponed by the Law Deut. 17. now that cannot beare that any one act contrary to the Royall Office yea that any one or two acts of Tyranny doth denude a man of the Royall dignity that God and the people gave him for so David committing two acts of tyranny one of taking his owne faithfull subjects wife from him and another in killing himselfe should denude himselfe of all the Kingly power that he had and that therefore the people after his Adultery and Murther were not to reknowledge David as their King which is most absurd for as one single act of unchastity is indeed against the matrimoniall covenant and yet doth not make the woman no wife at all so it must be such a breach of the Royall Covenant as maketh the King no King that anulleth the Royall Covenant and denudeth the Prince of his Royall authority and power that must be interpreted a breach of the Oath of God because it must be such a breach upon supposition whereof the people would not have given the Crowne but upon supposition of his destructivenesse to the Common-wealth they would never have given to him the Crowne Obj. 2. Yet at least it will follow that Saul after he is rejected of God for disobedience in not destroying the Amalekites as Samuel speaketh to him 1 Sam. 15. is no longer to be acknowledged King by the people at least after he committeth such acts of tyranny as are 1. Sam. 8. 12 13 14 15. c. and after he had killed the Priests of the Lord and persecuted innocent David without cause he was no longer either in the Court of Heaven or the Court of men to be acknowledged as King seeing he had manifestly violated the royall covenant made with the people 1 Sam.
11. v. 14 15. and yet after those breaches David acknowledgeth him to be his Prince and the Lords annoynted Ans The Prophet Samuel his threatning 1 Sam. 17. is it not exponed of actuall unkinging and rejecting of Saul at the present for after that Samuel both honoured him as King before the people and prayed for him and mourned to God on his behalfe as King 1 Sam. 16. 1. 2. but the threatning was to have effect in Gods time when he should bring David to the Throne as was prophesied upon occasion of lesse sinne even his sacrificing and not waiting the time appointed as God had commanded 1 Sam. 13. v. 13 14. 2. The people and Davids acknowledgment of Saul to be the Lords annoynted and a King after he had committed such acts of Tyranny as seeme destructive of the Royall Covenant and inconsistent therewith cannot prove that Saul was not made King by the Lord and the people conditionally and that for the peoples good and safety and not for their destruction and it doth well prove that those acts of blood and tyranny committed by Saul were not done by him as King or from the principle of Royall power given to him by God and the people 2. That in these acts they were not to acknowledge him as King 3. That these acts of blood were contrary to the covenant that Saul did sweare at his inauguration and contrary to the conditions that Saul in the covenant tooke on him to perform at the making of the Royall covenant 4. They prove not but the States who made Saul King might lawfully dethrone him and annoint David their King But David had reason to hold him for his Prince and the Lords Anointed so long as the people recalled not their grant of Royall dignity as David or any man is obliged to honour him as King whom the people maketh King though he were a bloodier and more tyrannous man then Saul Any Tyrant standeth in titulo so long as the People and Estates who made him King have not recalled their grant so as neither David nor any single man though six hundred with him may unking him or detract obedience from him as King So many acts of disloyaltie and breaches of lawes in the Subjects though they be contrary to this Covenant that the States make with their Prince doth not make them to be no Subjects and the Covenant mutuall standeth thus 3 Arg. If the people as Gods instruments bestow the benefit of a Crown on their King upon condition that he will rule them according to Gods word then is the King made King by the people conditionally but the former is true Ergo so is the latter The assumption is proved thus because to be a King is to be an adopted father tutor a Politick servant and Royall watchman of the State and the Royall honour and Royall maintenance given to him is a reward of his labours and a Kingly hire And this is the Apostles argument Rom. 13. 6. For this cause pay you tribute also there is the wages for they are Gods ministers attending continually upon this very thing There is the worke Qui non implet conditionem à se promissam cadit benefiâ—io It is confirmed thus The people either maketh the man their Prince conditionally that he rule according to Law or absolutely so that he rule according to will or lust or 3. without any vocall transactions at all but only brevi manu say Reigne thou over us and God save the King And so there be no conditions spoken on either side Or 4. The King is obliged to God for the condition which he promiseth by oath to performe toward the people but he is to make no reckoning to the people whether he performe his promise or no for the people being inferiour to him and he solo Deo minor only next and immediate to God the people can have no jus no law over him by vertue of any covenant But the first standing we have what we seeke The second is contrary to Scripture He is not Deut. 17. 15 16. made absolutely a King to rule according to his will and lust for Reigne thou over us should have this meaning Come thou and play the Tyrant over us and let thy lust and will be a law to us which is against naturall sense nor can the sense and meaning be according to the third That the people without any expresse vocall and positive covenant give a Throne to their King to rule as he pleaseth because 1. it is a vain thing for the Prelate and other Mancipia Aulae Court-bellies to say Scotland and England must produce a written authentick covenant betwixt the first King and their People because say they it s the Lawes word De non apparentibus non existentibus eadem lex that covenant which appeareth not it is not For in positive covenants that is true and in such contracts as are made according to the Civill or Municipall lawes or the secondary law of Nations But the generall covenant of nature is presupposed in making a King where there is no vocall or written covenant if there be no conditions betwixt a Christian King and his people then those things which are just and right according to the law of God and the rule of God in moulding the first King are understood to regulate both King and People as if they had been written and here we produce our written covenant Deut. 17. 15. Josh 1. 8 9. 2 Chr. 31 32. 1. Because this is as much against the King as the people and more for if the first King cannot bring forth his written and authentick tables to prove that the Crown was given to him and his heires and his successors absolutely and without any conditions so as his will shall be a law ca lit causa he loseth his cause say they The King is in possession of the Royall power absolutely without any condition and you must put him from his possession by a law I answer this is most false 1. Though he were in mala fide and in unjust possession the law of Nature will warrant the people to repeal their right and plead for it in a matter which concerneth their heads lives and soules 2. The Parliaments of both Kingdomes standing in possession of a nomothetick power to make lawes proveth cleerely that the King is in no possession of any Royall dignitie conferred absolutely and without any condition upon him and therefore it is the Kings part by law to put the Estates out of possession And so though there were no written covenant the standing law and practice of many hundreth acts of Parliament is equivalent to a written covenant 2. When the people appointeth any to be their King the voyce of Nature exponeth their deed though there be no vocall or written covenant For that fact of making a King is a morall lawfull act warranted by the word of God Deut. 17. 15 16. Rom. 13.
a legall power in his father who appointeth a Tutor for his sonne and the people have vertually all Royall power in them as in a sort of immortall and eternall fountain and may create to themselves many Kings Asser 2. The Kings power is not properly and univocally a Maritall and husbandly power but only Analogically 1. The Wife by nature is the weaker Vessell and inferiour to the man but the Kingdom as shall be demonstrated is superiour to the King 2. The Wife is given as an helpe to the man but by the contrary the man here is given as an helpe and father to the Common-wealth which is presumed to be the wife 3. Maritall and husbandly power is naturall though it be not naturall but from free election that Peter is Anae's Husband and should have been though man had never sinned but Royall Power is a politick constitution and the world might have subsisted though Aristocracy or Democracy had been the only and perpetuall governments So let the Prelate glory in his borrowed Logick he had it from Barclay It is not in the power of the Wife to repudiat her Husband though never so wicked she is tyed to him for ever and may not give to him a bill of Divorcement as by Law the Husband might give to her if therefore the people sweare loyalty to him they must keep though to their hurt Ps 15. Aas There 's nothing here said except Barclay and the Plagiarie prove that the Kings Power is properly a Husbands power which they cannot prove but from a Simile that crooketh but a King elected upon conditions that if he sell his people he shall lose his Crown is as essentially a King as Adam was Evahs Husband and yet by grant of parties the people may devorce from such a King and dethrone him if he sell his people but a Wife may never devorce from her Husband as the Argument saith And this poore Argument the Prelate stole from Dr. Ferne part 2. Sec. 3. pag. 10 11. 2. The keeping of Covenant though to our huâ—t is a penall hurt and losse of goods not a morall hurt and losse of Religion Assert 3. The King is more properly a sort of Patron to defend the people and therefore hath no power given either by God or man to hurt the people and a Minister or publick and honourable servant Rom. 13. 4. for he is the Minister of God to thee for good he is the Common-wealths servant objectively because all the Kings service as he is King is for the good safety peace and salvation of the people and in this he is a servant 2. He is the servant of the people Representatively in that the people hath impawned in his hand all their power to doe Royall service Obj. He is the servant of God ergo he is not the peoples Servant but their soveraigne Lord. Ans It followeth not because all the service the King as King performeth to God they are acts of Royalty and acts of Royall service as terminated on the people or acts of their Soveraigne Lord and this proveth that to be their Soveraigne is to be their servant and watch-man Object 2. God maketh a King only and the Kingly power is in him only not in the people Ans The Royall power is only from God immediatly Immediatione simplicis constitutionis solum a Deo solitudine primae causae by the immediation of simple constitution none but God appointed there should be Kings but 2. Royall power is not in God nor only from God immediatione applicationis regiae dignitatis ad personam nec a Deo solum solitudine causae applicantis dignitatem huic non illi in respect of the applying of Royall dignity to this person not to this Object 3. Though Royall power were given to the people it is not given to the people as if it were the Royal power of the people and not the Royall power of God neither is it any other waies bestowed on the people but as on a beame a channell an instrument by which it is derived to others and so the King is not the minister or servant of the people Ans It is not in the people as in the principall cause Sure all Royall power that way is only in God but it is in the people as in the instrument and when the people maketh David their King at Hebron in that same very act God by the people using their free suffrages and consent maketh David King at Hebron so God only giveth raine and none of the vanities and supposed gods of the Gentiles can give raine Ier. 14. 22. and yet the Clouds also give raine as nature as an organ and vessell out of which God powreth down raine upon the dry earth Amos 9. 5. and every instrument under God that is properly an instrument is a sort of Vicarious cause in Gods room and so the people as in Gods roome applyeth Royall power to David not to any of Sauls sonnes and appointeth David to be their Royall Servant to governe and in that to serve God and to doe that which a Communitie now in the state of sinne cannot formally doe themselves and so I see not how it is a service to the people not only objectively because the Kings Royall service tendeth to the good and peace and safety of the people but also subjectively in regard he hath his power and Royall authoritie which he exerciseth as King from the people under God as Gods instruments and therefore the King and Parliament give ouâ— Lawes and Statutes in the name of the whole people of the Land And they are but flatterers and belye the Holy Ghost who teach that the people doe not make the King for Israel made Saul King at Mizpeh and Israel made David King at Hebron Object 3. Israel made David King that is Israel designed Davids person to be King and Israel consented to Gods act of making David King but they did not make David King Ans I say not that Israel made the Royall dignitie of Kings God Deut. 17. instituted that himselfe but the Royalist must give us an act of God going before an act of the peoples making David King at Hebron by which David of no King is made formally a King and then another act of the People approving only and consenting to that act of God whereby David is made formally of no King to be a King This Royalists shall never instruct for there be only two acts of God here 1. Gods act of annointing David by the hand of Samuel and 2. Gods act of making David King at Hebron and a third they shall never give But the former is not that by which David was essentially and formally changed from the state of a private subject and no King into the state of a publike Judge and supreme Lord and King for as I have proved after this act of annointing of David King he was designed only and set
inferior to the hand and far more to the whole body as any part is inferior to the whole 2. Consider the King reduplicative and formally as King and by the officiall relation he hath he is no more then but a Royall servant an officiall meane tending ex officio to this end to preserve the people to rule and governe them and a gift of God given by vertue of his office to rule the people of God and so any way inferiour to the people 9. Those who are before the King and may be a People without a King must be of more worth then that which is posteriour and cannot be a King without them For thus Gods selfe sufficiency is proved in that he might be and eternally was blessed for ever without his Creature but his creature cannot subsist in being without him Now the people were a people many yeares before there was any government save domestick and is a people where there is no King but only an Aristocracy or a Democracy but the King can be no King without a people It is vaine that some say the King and Kingdome are relatives and not one is before another for its true in the naked relation so are father and sonne Master and servant Relata simul natura but sure there is a priority of worth and independency for all that in the father above the sonne and in the master above the servant and so in the people above the King take away the people and Dyonisius is but a poore Schoole-master 2. Asser The people in power are superiour to the King 1. because every efficient and constituent cause is more excellent then the effect Every meane is inferiour in power to the end so Iun. Brutus q. 31. Bucher l. 1. c. 16. Author Lib. De offic Magistr q. 6. Henaenius disp 2. n. 6. Ioan. Roffensis Epist De potest pap l. 2. c. 5. Spalato de Repu Ecclesiast l. 6. c. 2. n. 31. but the people is the efficient and constituent cause the King is the effect the people is the end both intended of God to save the people to be a healer and a Physician to them Esay 3. v. 7. and the people appoint and create the King out of their indigence to preserve themselves from mutuall violence Many things are objected against this 1. That the efficient and constituent cause is God and the people is only the instrumentall cause and Spalato saith that the people doth indirectly only give Kingly power because God at their act of election ordinarily giveth it Ans The Scripture saith plainly as we heard before the people made Kings and if they doe as other second causes produce their effects it is all one that God as the principall cause maketh Kings else we should not argue from the cause to the effect amongst the creatures 2. God by that same action that the people createth a King doth also by them as by his instruments create a King and that God doth not immediatly at the naked presence of the act of popular election conferre Royall dignity on the man without any action of the people as they say by the Churches act of conferring Orders God doth immediatly without any act of the Church infuse from Heaven supernaturall habilities on the man without any active influence of the Church is evident by this 1. The Royall power to make Lawes with the King and so a power eminent in their states representative to governe themselves is in the people for if the most high acts of Royalty be in them why not the power also and so what need to fetch a Royall power from Heaven to be immediatly infused in him seeing the people hath such a power in themselves at hand 2. The people can and doth limite and bind Royall power in elected Kings ergo they have in them Royall power to give to the King those who limit power can take away so many degrees of Royall power and those who can take away power can give power and it is unconceiveable to say that people can put restraint upon a power immediatly comming from God if Christ immediatly infuse an Apostolick spirit in Paul mortall men cannot take from him any degrees of that infused spirit if Christ infuse a spirit of nine degrees the Church cannot limit it to six degrees only but Royalists consent that the people may choose a King upon such conditions to raigne as he hath Royall power of ten degrees whereas his Ancester had by birth a power of foureteen degrees 3. It is not intelligible that the Holy Ghost should give Commandement to the people to make such a man King Deut. 17. 15 16. and forbid them to make such a man King if the people had no active influence in making a King at all but God solely and immediately from Heaven did infuse Royalty in the King without any action of the people save a naked consent only and that after God had made the King they should approve only with an after-act of naked approbation 4. If the people by other Governours as by heads of families and other choise men governe themselves and produce these same formall effects of Peace Justice Religion on themselves which the King doth produce then is there a power of the same kind and as excellent as the Royall power in the people and no reason but this power should be holden to come immediatly from God as the Royall Power for it is every way of the same nature and kind and as I shall prove Kings and Iudges differ not in nature and spece but it is experienced that people doe by Aristocraticall guides governe themselves c. so then if God immediatly infuse Royalty when the people chooseth a King without any action of the people then must God immediatly infuse a beame of governing on a Provost and a Bailiffe when the people choose such and that without any action of the people because all Powers are in abstracto from God Rom. 13. 2. and God as immediatly maketh inferiour Iudges as superiour Prov. 8. 16. and all promotion even to be a Provost or Major commeth from God only as to be a King except Royalists say all promotion commeth from the East and from the West and not from God except promotion to the Royall Throne the contrary whereof is said Ps 75. 6 7. 1 Sam. 2. 7 8. not only Kings but all Judges are Gods Ps 82. 1 2. and therefore all must be the same way created and moulded of God except by Scripture Royalists can shew us a difference An English Prelate giveth Reasons why People who are said to make Kings as efficients and Authors cannot unmake them the one is because God as chief and sole supreame Moderator maketh Kings but I say Christ as the chiefe Moderator and head of the Church doth immediatly conferre abilities to a man to be a Preacher and though by industry the man acquire abilities yet in
regard the Church doth not so much as instrumentally conferre those abilities they may be said to come from God immediatly in relation to the Church who calleth the man to the ministery yea Royalists as our excommunicated Prelate learned from Spalato say that God at the naked presence of the Churches call doth immediatly infuse that from Heaven by which the man is now in Holy Orders and a Pastor whereas he was not so before and yet Prelates cannot deny but they can unmake Ministers and have practised this in their unhallowed Courts and therefore though God immediatly without any action of the people make Kings this is a weake reason to prove they cannot unmake them As for their undeleble character that Prelates cannot take from a Minister it is nothing if the Church may unmake a Minister though his character goe to prison with him we seeke no more but to anull the reason God immediatly maketh Kings and Pastors ergo no power on earth can unmake them this consequence is as weake as water 2. The other cause is because God hath erected no Tribunall on earth higher then the Kings Tribunall ergo no power on earth can unmake a King the Antecedent and consequence is both denyed and is a begging of the question for the Tribunall that made the King is above the King 2. Though there be no Tribunall formally regall and Kingly above the King yet is there a Tribunall vertuall eminently above him in the case of tyranny for the States and Princes have a Tribunall above him 3. To this the constituent cause is of more power and dignity then the effect and so the people is above the King The P. Prelate borrowed an answer from Arnisaeus and Barclay and other Royalists and saith If we knew any thing in Law or were ruled by reason Every constituent saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words where the constituent hath resigned all his power in the hand of the Prince whom he constitutes is of more worth and power then he in whose hand they resigne the power so the proposition is false The servant who hath constituted his Master Lord of his liberty is not worthier then his Master whom he hath made his Lord and to whom he hath given himselfe as a slave for after he hath resigned his liberty he cannot repent he must keepe covenant though to his hurt yea such a servant is not only not above his Master but he cannot move his foot without his Master The Governour of Britaine saith Arnisaeus being despised by King Philip resigned himselfe as Vassall to King Edward of England but did not for that make himselfe superiour to King Edward indeed he who constituteth another under him as a Legat is superiour but the people doe constitute a King above themselves not a King under themselves and therefore the people are not by this made the Kings superiour but his inferiour Ans 1. It is false that the people doth or can by the Law of nature resigne their whole liberty in the hand of a King 1. they cannot resigne to others that which they have not in themselves Nemo potest dare quod non habet but the people hath not an absolute power in themselves to destroy themselves or to exercise those tyrannous acts spoken of 1 Sam. 8. 11 12 13 14 15 c. for neither God nor Natures Law hath given any such power 2. He who constituteth himselfe a slave is supposed to be compelled to that unnaturall fact of alienation of that liberty which he hath from his Maker from the wombe by violence constraint or extreame necessity and so is inferiour to all free men but the people doth not make themselves slaves when they constitute a King over themselves because God giving to a people a King the best and excellentest Governour on earth giveth a blessing and speciall fafour Esay 1. 26. Hosea 1. v. 11. Esay 3. 6 7. Ps 79. 70 71 72. but to lay upon his people the state of slaverie in which they renounce their whole libertie is a curse of God Gen. 9. 25. Gen. 27. 29. Deut. 28. 32. 36. But the people having their liberty to make any of ten or twenty their King and to advance one from a private state to an honorable throne whereas it was in their libertie to advance another and to give him Royall power of ten degrees whereas they might give him power of twelve degrees and of eight or sixe must be in excellencie and worth above the man whom they constitute King and invest with such honour as Honour in the fountain and honos participans originans must be more excellent and pure then the derived honour in the King which is honos participâ—tus originatus 2. If the servant give his libertie to his master ergo he had that libertie in him and in that act libertie must be in a more excellent way in the servant as in the Fountaine then it is in the master and so this libertie must be purer in the people then in the King and therefore in that both the servant is above the master and the People worthier then the King and when the people give themselves conditionally and Covenant-wise to the King as to a Publique servant and Patron and Tutour as the Governour of Britaine out of his humour gave himselfe to King Edward there is even here a note of superioritie Every giver of a benefit as a giver is superior to him to whom the gift is given though after the servant hath given away his gift of libertie by which he was superiour he cannot be a superior because by his gift he hath made himselfe inferior 3. The People constituteth a King above themselves I distinguish supra se above themselves according to the fountaine power of Royaltie that is false for the fountaine-power remaineth most eminently in the people 1. because they give it to the King ad modum recipientis and with limitations ergo it is unlimited in the people and bounded and limited in the King and so lesse in the King then in the people 2. If the King turne distracted and an ill spirit from the Lord come upon Saul so as reason be taken from a Nebuchadnezzar it is certaine the people may put Curators and Tutors over him who hath the Royall power 3. If the King be absent and taken captive the People may give the Royall power to one or to some few to exercise it as custodes regni And 4. if he die and the Crown goe by election they may create another with more or lesse power all which evinceth that they never constituted over themselves a King in regard of fountaine-power for if they give away the fountaine as a slave selleth his libertie they could not make use of it Indeed they set a King above them quoad potestatem legum executivam in regard of a power of executing lawes and
actuall government for their good and safetie but this proveth only that the King is above the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in some respect but the most eminent and fountaine-power of Royaltie remaineth in the people as in an immortall spring which they communicate by succession to this or that mortall man in the manner and measure that they thinke good And Vlpian and Bartolus cited by our Prelate out of Barclaius are only to be understood of the derived secondary and borrowed power of executing lawes and not of the fountaine power which the people cannot give away no more then they can give away their rationall nature for it is a power naturall to conserve themselves essentially adhering to every created Being For if the People give all their power away 1. What shall they reserve to make a new King if this man dye 2. What if the Royall line surcease there be no Prophets immediately sent of God to make Kings 3. What if he turne Tyrant and destroy his Subjects with the sword The Royalists say they may slie but when they made him King they resigned all their power to him even their power of flying for they bound themselves by an oath say Royalists to all passive and lawfull active obedience and I suppose to stand at his Tribunal if h◠summoned the three Estates upon Treason to come before him is conteined in the oath that Royalists say bindeth all and is contradictorie to flying Arnisaeus a more learned Iurist and Divine then the P. Prelate answereth the other Maxime The end is worthier then the meane leading to the end because it is ordained for the end These meanes saith he which referre their whole nature to the end and have all their excellencie from the end and have excellencie from no other thing but from the end are lesse excellent then the end that is true such an end as medicine is for health And Hugo Grotius l. 1. c. 3. n. 8. Those meanes which are only for the end for the good of the end and are not for their own good also are of lesse excellencie and inferior to the end But so the assumption is false But those meanes which beside their relation to the end have an excellencie of nature in themselves are not alwayes inferior to the end The Disciple as he is instituted is inferior to the Master but as he is the sonne of a Prince he is above the Master But by this reason the shepherd should be inferior to bruit beasts to sheep And the master of the familie is for the familie and referreth all that he hath for the entertaining of the familie but it followeth not therefore the familie is above him The forme is for the action therefore the action is more excellent then the forme and an accident then the subject or substance And Grotius saith Every government is not for the good of another but some for its own good as the government of a master over the servant and the husband over the wife Ans I take the answer thus Those who are meere meanes and only meanes referred to the end they are inferior to the end but the King as King hath all his officiall and relative goodnesse in the world as relative to the end All that you can imagine to be in a King as a King is all relative to the safety and good of the people Rom. 13. 4. He is a minister for thy good He should not as King make himselfe or his own gaine and honour his end I grant the King as a man shall dye as another man and so he may secondarily intend his own good and what excellencie he hath as a man is the excellencie of one mortall man and cannot make him amount in dignitie and in the absolute consideration of the excellencie of a man to be above many men and a whole Kingdome for the moe good things there be the better they are so the good things be multiplicable as a hundred men are better then one Otherwise if the good be such as cannot be multiplied as one God the multiplication maketh them worse as many Gods are inferiour to one God Now if Royalists can shew us any more in the King then these two we shall be obliged to them and in both he is inferiour to the whole The Prelate and his followers would have the Maxime to lose credit for then say they the shepherd should be inferior to the sheep But in this the Maxime faileth indeed 1. Because the shepherd is a reasonable man and the sheep bruit beasts and so must be excellenter then all the flocks of the world Now as he is a reasonable man he is not a shepherd nor in that relation referred to the sheep and their preservation as a mean to the end but he is a shepherd by accident for the unrulinesse of the creatures for mans sinne withdrawing themselves from that naturall dominion that man had over the creatures before the fall of man in that relation of a meane to the end and so by accident is this officiall relation put on him and according to that officiall relation and by accident man is put to be a servant to the bruitish creature and a meane to so base an end But all this proveth him through mans sinne and by accident to be under the officiall relation of a meane to baser creatures then himselfe as to the end but not as a reasonable man But the King as King is an officiall and Royall meane to this end that the people may lead a godly and peaceable life under him And this officiall relation being an accident is of lesse worth then the whole people as they are to be governed And I grant the Kings sonne in relation to blood and birth is more excellent then his Teachers but as he is taught he is inferiour to his Teacher but in both considerations the King is inferior to the people for though he cōmand the people and so have an executive power of law above them yet have they a fountain power above him because they made him King and in Gods intention he is given as King for their good according to that Thou shalt feed my people Israel that I gave him for a leader of my people 4. Saith the P. Prelate The constituent cause is excellenter then the effect constituted where the constitution is voluntary and dependeth upon the free act of the will as when the King maketh a Vice-Roy or a Judge durante beneplacito during his free will but not when a man maketh over his right to another for then there should be neither faith nor truth in covenants if people might make over their power to their King and retract and take back what they have once given Ans This is a begging of the question for it is denyed that the people can absolutely make away their whole power to the King It dependeth on the people that they be not
destroyed They give to the King a politique power for their own safetie and they keepe a naturall power to themselves which they must conserve and cannot give away and they doe not breake their covenant when they put in act that naturall power to conserve themselves for though the people should give away that power and sweare though the King should kill them all they should not resist nor defend their own lives yet that being an oath against the sixth Command which enjoyneth naturall selfe-preservation it should not oblige the conscience for it should be intrinsecally sinfull and it 's all one to sweare to non-self-preservation as to sweare to selfe-murther 5. If the people saith the Prelate begging the answer from Barclay the constituent be more excellent then the effect and so the people above the King because they constitute him King Then the Counties and Corporations may make voyd all the Commissions given to the Knights and Burgesses of the House of Commons and send others in their place and repeal their Orders therefore Buchanan saith that Orders and Lawes in Parliament were but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 preparatorie consultationis and had not the force of a Law till the people give their consent and have their influence authoritative upon the Statutes and Acts of Parliament But the observator holdeth that the legislative power is whole and intire in the Parliament But when the Scots were preferring Petitions and Declarations they put all power in the collective body and kept their distinct tables Ans There is no consequence here the Counties and Incorporations that send Commissioners to Parliament may make voyd their Commissions and anull their Acts because they constitute them Commissioners if they be unjust acts they may disobey them and so disanull them but it is presumed God hath given no morall power to doe ill nor can the Counties and Corporations give any such power to evill for they have not any such from God if they be just acts they are to obey them and cannot retract Commissions to make just Orders Illud tantum possumus quod jure possumus and therefore as power to governe justly is irrevocably committed by the three estates who made the King to the King so is that same power committed by the Shires and Corporations to their Commissioners to decree in Parliament what is just and good irrevocably and to take any just power from the King which is his due is a great sin but when he abuseth his power to the destruction of his subjects it is lawfull to throw a sword out of a mad-mans hand though it be his owne proper sword and though he have due right to it and a just power to use it for good for all fiduciary power abused may be repealed and if the Knights and Burgesses of the House of Commons abuse their fiduciary power to the destruction of these Shires and Corporations who put the trust on them the observator did never say that Parliamentary power was so intire and irrevocably in them as that the people may not resist them anull their Commissions and rescind their acts and denude them of fiduciary power even as the King may be denuded of that same power by the three estates for particular Corporations are no more to be denuded of that fountain-power of making Commissioners and of the self preservation then the three estates are 2. The P. Prelate commeth not home to the mind of Buchanan who knew the fundamental Lawes of Scotland the power of Parliaments for his meaning was not to deny a legislative power in the Parliament but when he calleth their Parliamentary declarations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his meaning is only that which Lawyers and Schoole-men both say Leges non promulgatae non habent vim legis actu completo obligatoriae Lawes not promulgated doe not oblige the subject while they be promulgated but he falsifies Buchannan when he saith Parliamentary Lawes must have the authoritative influence of the people before they can be formall Lawes or any more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or preparatory notions And it was no wonder when the King denyed a Parliament and the supreme Senate of the secret Counsell was corrupted then that the people did set up Tables and extraordinary judicatures of the three estates seeing there could not be any other government for the time 6. Barclay answereth to that The meane is inferiour to the end it holdeth not the Tutor and Curator is for the minor as for the end and given for his good but it followeth not that therefore the Tutor in the administration of the minor or Pupils inheritance is not superiour to the minor Ans 1. It followeth well that the Minor virtually and in the intention of the Law is more excellent then the Tutor though the Tutor can exercise more excellent acts then the Pupill by accident for defect of age in the Minor yet he doth exercise those acts with subordination to the Minor and with correction because he is to render an account of his doings to the Pupill comming to age so the Tutor is only more excellent and superiour in some respect 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but not simply and so is the King in some respect above the people The P. Prelate beggeth from the Royalists another of our Arguments Quod efficit tale est magis tale That which maketh another such is farre more such it selfe if the people give Royall Power to the King then farre more is the Royall Power in the people By this saith the Prelate it shall follow if the observator give all his goods to me to make me rich the observator is more rich if the people give most part of their goods to foment the Rebellion then the people are more rich having given all they bâ—ve upon the Publicke Faith Ans 1. This greedy Prelate was made richer then ten poore Pursevants by a Bishopricke it will follow well ergo the Bishopricke is richer then the Bishop whose goods the curse of God blasteth 2. It holdeth in efficient causes so working in other things as the vertue of the effect remaineth in the cause even after the production of the effect As the Sunne maketh all things light the Fire all things hot therefore the Sun is more light the Fire more hot but where the cause doth alienate and make over in a corporall manner that which it hath to another as the hungry Prelate would have the Observators goods it holderh not for the effect may exhaust the vertue of the cause but the people doth as the fountaine derive a streame of Royalty to Saul and make him King and yet so as they keepe Fountain-power of making Kings in themselves yea when Saul is dead to make David King at Hebron and when he is dead to make Solomon King and after him to make Rehoboam King and therefore in the people there is more fountaine power of making Kings then in David in
Saul in any King of the world as for the Prelates jeere about the peoples giving of their goods to the good cause I hope it shall by the blessing of God inrich them more whereas Prelates by the Rebellion in Ireland to which they assent when they counsell His Majesty to sell the blood of some hundred thousands of innocents killed in Ireland are brought from thousands a yeare to begg a morsell of bread The Prelate answereth that Maxime Quod efsicit tale id ipsum est magis tale That which maketh another such it is it selfe more such It is true De principio formali effectivo as I learned in the Vniversity of such an Agent as is formally such in it selfe as is the effect produced Next it is such as is effective and productive of it selfe as when fire heateth cold water so the quality must be formally inherent in the Agent as Wine maketh drunke it followeth not Wine is more drunke because Drunkennesse is not inherent in the Wine nor is it capable of drunkennesse and therefore Aristotle qualifieth the Maxime with this Quod efficit tale est magis tale modo utrique insit And it holdeth not in Agents who operate by donation if the right of the King be transferred from the people to the King The donation devesteth the people totally of it except the King have it by way of loane which to my thinking never yet any spoke Soveraignty never was never can be in the Community Soveraignty hath power of life and death which none hath over himselfe and the community conceived without government all as equall endowed with Natures and native liberty of that community can have no power over the life of another And so the Argument may be turned home if the people be not tales such by nature as hath formally Royall power he should say they cannot give the King Royall Power Also none hath power of life and death either eminenter or formally the people either singly or collectively have not power over their owne life much lesse over their neighbours Ans 1. The Prelate would make the maxime true of a formall cause and this he learned in the University of St. Andrewes he wrongeth the University he rather learned it while he kept the Calves of Craile the wall is white from whitenesse ergo whitenesse is more white by the Prelates learning never such thing was taught in that learned University 2. Principium formale effectivum is as good Logick as principium effectivum materiale formale finale The Prelate is in his acuracy of Logick now he yet maketh the causality of the formall cause all one with the causality of the efficient but he is weake in his Logicks 3. He confoundeth a cause equivocall and a cause univocall and in that case the Maxime holdeth not Nor is it necessary to make true the maxime that the quality be inherent in the cause the same way For a City maketh a Major but to be a Major is one way in the City and another way in him who is created Major and the Prelates Maxime would helpe him if we reasoned thuâ— The people maketh the King ergo the people is more a King and more formally a Soveraigne then the King But that is no more our Argument then the simile that Maxwell used as neere heart and mouth both Wine maketh drunk the Prelate ergo Wine is more drunk But we reason this the Fountaine-power of making six Kings is in the people ergo there is more fountain-power of Royalty in the people then in any one King for we read that Israel made Saul King and made David King and made Abimelech King but never that King Saul made another King or that an earthly King made another Absolute King 4. The Prelate will have the Maxime false where the Agent worketh by donation which yet holdeth true by his owne grant c. 9. pag. 98. The King giveth power to a Deputy ergo there is more power in the King 5. He supposeth that which is the Basis and foundation of all the question that people devesteth themselves totally of their Fountaiue power which is most false 6. Either they must devest themselves totally saith he of their power or the King hath power from the people by way of loane which to my thinking never any yet spake But the P. Prelates thinking is short and no rule to Divines and Lawyers for to the thinking of the learnedst Jurists this power of the King is but fiduciary and that is whether the Prelate thinke it or thinke it not a sort of power by trust pawn'd or loane Rex director Regni non proprietarius Molinae in consuet Parisi Tit. 1. 9. 1. Glos 7. n. 9. The King is a life-renter not a Lord or proprieter of his Kingdome So Novel 85. in princip c. 18. Quod magistratus sit nudus dispensator defensor jurium regni non proprietarius constat ex eo quodnon posset alienare imperium oppida urbes regionésve velres subditorum bonâ—ve regni So Gregory l. 3. c. 8. de Repub. per c. 1. Sect. praeterea de propo feud Hottoman quest illust 1. Ferdinan Vasquez l. 1. c. 4. Bossius de princip privileg illius n. 290. The King is only a steward and a defender of the lawes of the Kingdome not a proprietor because he hath not power to make away the Impire Cities Townes Countries and goods of the Subjects and bona commissa Magistratui sunt subjecta restitutioni in prejudtcium successorum alienari non possunt per l. ult Sect sed nost C. Comment de leg l. peto 69. fratrem de leg 2. l. 32. ult d. t. All the goods committed to any Magistrate are under Restitution for he hath not power to make them away to the prejudice of his successors The Prelates thoughts reach not the secrets of Jurists and therefore he speaketh with a warrant he will say no more then his short-travel'd thoughts can reach and that is but at the doore 7 Soveraigntie is not in the Communitie saith the P. Prelate Truly it neither is nor can be more then ten or a thousand or a thousand thousands or a whole Kingdome can be one man for Soveraigntie is the abstract the Soveraigne is the concrete Many cannot be one King or one Soveraigne a Soveraigne must be essentially one and a multitude cannot be one but what then may not the Soveraigne power be eminently fontaliter originallp and radically in the people I thinke it may and must be A King is not an under-Iudge he is not a Lord of Councell or Session formally because he is more The people is not King formally because the people is eminently more then the King for they make David King and Saul King And the power to make a Lord of Councell aud Session is in the King say Royalists 8. A Communitie hath not power of life and death A King hath power of life and death saith the Prelate What
foro Soli in the name and authority of the King but being once made a Iudge in foro poli before God he is as essentially a Iudge and in his officiall acts no lesse immediately subjected to God then the King himself Argum. 2. These powers to whom we are to yield obedience because they are ordained of God these are as essentially Iudges as the supreme Magistrate the King but inferiour Iudges are such Ergo Inferiour Iudges are as essentially Iudges as the supreme Magistrate The proposition is Rom. 13. 1. For that is the Apostles Arguments whence we prove Kings are to be obeyed because they are powers from God I prove the assumption Inferiour Magistrates are powers from God Deut. 1. 17. and 19. 6 7. Exod. 22. 7. Jere. 5. 1. and the Apostle saith The powers that are are ordained of God 3. Christ testified that Pilate had power from God as a Iudge say Royalists no lesse then Caesar the Emperour Iohn 19. 11. and 1 Pet. 2. 12. We are commanded to obey the King and these that are sent by him and that for the Lords sake and for conscience to God and Rom. 13. 5. We must be subject to all powers that are of God not onely for wrath but for conscience 4. These who are rebuked because they execute not just judgement as well as the King are supposed to be essentially Iudges as well as the King but inferiour Iudges are rebuked because of this Ierem. 22. 15 16 17. Ezek. 45. 9 10 11 12. Zeph. 3. 3. Amos 5. 6 7. Eccles 3. 16. Micah 3. 2 3 4. Jerem. 5. 31. Ierem. 5. 1. 5. He is the Minister of God for good and hath the sword not in vain but to execute vengeance on the evil doers no lesse then the King Rom. 13. 2 3 4. He to whom agreeth by an Ordinance of God the specifick acts of a Magistrate he is essentially a Magistrate 6. The resisting of the inferiour Magistrate in his lawfull commandmenâ—s is the resisting of Gods Ordinance and a breach of the fifth Commandment as is disobedience to parents and not to give him tribute and fear and honour is the same transgression Rom. 13. 1 2 3 4 5 6 7. 7. These stiles of Gods of Heads of the people of Fathers of Physicians and healers of the sonnes of the most High of such as Raign and Decree by the wisdome of God c. that are given to Kings for the which Royalists make Kings onely Iudges and all inferiour Iudges but deputed and Iudges by participation and at the second hand or given to inferiour Iudges Exod. 22. 8 9. Ioh. 10. 35. These who are appointed Iudges under Moses Deut. 1. 16. are called in Hebrew or Chaldee 1 Kings 8. 1 2. Chap. 5. 2. Mic. 3. 1. Iosh 23. 2. Num. 1. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rasce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fathers Act. 7. 2. Iosh 14. 1. c. 19. 51. 1 Chro. 8 28. Healers Esai 3. 7. Gods and sonnes of the most High Psal 82. 1. 2. 6. 7. Prov 8. 16 17. I much doubt if Kings can infuse Godheads in their Subjects I conceive they have from the God of Gods these gifts whereby they are inhabled to be Iudges and that Kings may appoint them Iudges but can do no more they are no lesse essentially Iudges then themselves 8. If inferiour Iudges be Deputies of the King not of God and have all their authority from the King then may the King limit the practise of these inferiour Iudges Say that an inferiour Iudge hath condemned to death an Paricide and he be conveying him to the place of execution the King commeth with a force to rescue him out of his hand if this inferiour Magistrate beare Gods sword for the terrour of ill doers and to execute Gods vengeance on murtherers he cannot but resist the King in this which I judge to be his Office for the inferiour Iudge is to take vengeance on ill doers and to use the coactive force of the sword by vertue of his Office to take away this Paracide now if he be the Deputy of the King he is not to breake the jawes of the wicked Iob 29. 17. not to take vengeance on evill doers Rom. 13. 4. nor to execute judgement on the wicked Ps 149 9. nor to execute judgment for the fatherlesse De. 10. 18. except a mortall man his Creator the King say Amen Now truly then God in all Israel was to rebuke no inferiour Iudge for perverting judgement As he doth Exod. 23. 2. 6. Mic. 3. 2 3 4. Zach. 3. 3. Numb 25. 5. Deut. 1. 16. For the King onely is Lord of the conscience of the inferiour Iudge who is to give sentence and execute sentence righteously upon condition that the King the onely univocall and proper Iudge first decree the same as Royalists teach Heare our Prelate How is it imaginable that Kings can be said to Iudge in Gods place and not receive the power from God but Kings Iudge in Gods place Deut. 1. 17. 2 Chro. 19. 6. Let no man stumble this is his Prolepsis at this that Moses in the one place and Iehosaphat in the other speake to subordinate Iudges under them this weakeneth no waies our Argument for it is a ruled case in Law Quod quis facit per alium facit per se all Iudgements of inferiour Iudges are in the name authority and by the power of the supreme and are but communicatively and derivatively from the Soveraigne power Ans How is it possible that inferiour Iudges Deut. 1. 17. 2. Chron. 19. 6. can be said to judge in Gods place and not receive the power from God immediatly without any consent or covenant of men So the Prelate But inferiour Iudges judge in the Gods place as both the P. Prelate and Scripture teach Deut. 1. 17. 2. Chro. 19. 6. Let the Prelate see to the stumbling conclusion for so he feareth it proves to his bad cause 2. He saith the places Deut. 1. 17. 2 Chro. 19. 6. prove that the King judgeth in the Roome of God because their Deputies judge in the place of God The Prelate may know we would deny this stumbling and lame consequence for 1. Moses and Iehosaphat are not speaking to themselves but to other inferiour Iudges who doth publickly exhort them Moses and Iehosaphat are perswading the regulation of the personall actions of other men who might pervert Iudgement 2. The Prelate is much upon his Law after he had forsworne the Gospell and Religion of the Church where he was baptized What the King doth by another that he doth by himselfe but were Moses and Jehosaphat feared that they should pervert Iudgement in the unjust Sentence pronounced by under Iudges of which Sentence they could not know any thing And doe inferiour Iudges so judge in the name authority and power of the King as not in the Name Authority and Power of the Lord of Lords and King of Kings or is the Iudgement
the Kings no the Spirit of God saith no such matter the Iudgement executed by those inferiour Iudges is the Lords not a mortall Kings ergo a mortall King may not hinder them to execute Iudgement Obj. He cannot suggest an unjust Sentence and command an inferiour Iudge to give out a sentence absolvatory on cut-throates but he may hinder the exocution of any sentence against Irish cut-throates Ans It is all one to hinder the execution of a just sentence and to suggest or command the inferiour Iudge to pronounce an unjust one for inferiour Iudges by conscience of their Office are both to judge righteously and by force and power of the sword given to them of God Rom. 13. 2 3 4. to execute the sentence and so God hath commanded inferiour Iudges to execute Iudgement and hath forbidden them to wrest Iudgement to take gifts except the King Command them so to doe Master Symmont The King is by the Grace of God the inferiour Iudge is Iudge by the grace of the King even as the man is the image of God and the woman the mans image Ans This distinction is neither true in Law nor conscience not in Law for it distinguisheth not betwixt Ministros regis ministros regni The servants of the King are his domesticks the Iudges are Ministri regni non regis the Ministers and Iudges of the Kingdome not of the King The King doth not show grace as he is a man in making such a man a Iudge but Iustice as a King by a Royall Power received from the people and by an Act of Iustice he makes Iudges of deserving men he should neither for favour nor bribes make any Iudge in the Land 2. It is the grace of God that men are to be advanced from a private condiâ—ion to be inferious Iudges as Royall Dignity is a free gift of God 1 Sam. 2. 7. The Lord bringeth low and lifteth up Ps 75. 7. God puâ—tâ—th downe one and seteth up another Court flatterers take from God and give to Kings but to be a Iudge inferiour is no lesse an immediate favour of God then to be King though the one be a greater favour then the other Magis honos and Majoc honos are to be considered 9. Arg. Those powers which differ gradually and per magis minus by more and lesse only differ not in nature and spece and constitute not Kings and inferiour Iudges different univocally But the power of Kings and inferiour Iudges are such therefore Kings and Inferiour Iudges differ not univocally That the powers are the same in nature I prove 1. by the specifice acts and formall object of the power of both for 1. both are power ordained of God Rom. 13. 1. to resist either is to resist the ordinance of God v. 2. both are by Office a terrour to evill workes v. â—3 3. both are the Ministers of God for good 2. Though the King send and give a call to the inferiour Iudge that doth no more make the inferiour Iudges powers in nature and spece different then Ministers of the Word called by Ministers of the Word have Offices different in nature Timotheus Office to be Preacher of the Word differeth not in specie from the Office of the Presbytery which layed hands on him though their Office by extension be more then Timothies Office 3. The peoples power is put forth in those same acts when they choose one to be their King and supreame Governour and when they set up an Aristocraticall Government and choose many or more then one to be their Governours for the formall object of one or many Governours is Iustice and Religion as they are to be advanced 2. The forme and manner of their opperation is brachio seculari by a coactive power and by the sword 3. The formall acts of King and many Iudges in Aristocracy are these same the defending of the poore and needy from violence the conservation of a Community in a peaceable and a godly life 1 Tim. 2. 2 Iob 29. 12 13. Esay 1. 17. 4. These same Lawes of God that regulateth the King in all His Acts of Royall Government and tyeth and obligeth his conscience as the Lords Deputy to execute Iudgement for God and not in the stead of men in Gods Court of Heaven doth in like manner tye and oblige the conscience of Aristocraticall Iudges and all inferiour Iudges as is cleare and evident by these places 1 Tim. 2. 2. not only Kings but all in authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are obliged to procure that their subjects leade a quiet and peaceable life in all godlinesse and honesty All in conscience are obliged Deut. 1. 16. to judge righteously between every man and his brother and the stranger that is with them 17. Neither are they to respect persons in judgement but are to heare the small as well as the great nor to be affraid of the face of men the judgement administred by all is Gods 2. Chro. 19. 6. All are obliged to feare God Deut. 17. 19. 20. to keepe the words of the Law not to be lifted up in heart above their brethren Esay 1. 17. Ier. 22. 2 3. Let any man show me a difference according to Gods Word but in the extention that what the King is to doe as a King in all the Kingdome and whole Dominions if God give to him many as he gave to David and Solomon and Ioshua that the inferiour Iudges are to doe in such and such Circuits and limited places and I quit the cause so as the inferiour Iudges are little Kings and the King a great and delated Iudge as a compressed hand or fist and the hand stretched out in fingers and thumbe are one hand so here 4. God owneth inferiour Iudges as a congregation of Gods Ps 82. 1. 2. for that God sitteth in a congregation or Senate of Kings or Monarches I shall not beleeve till I see Royalists shew to me a Common-wealth of Monarches convening in one Iudicature all are equally called Gods Ioh. 10. 35. Exod. 22. 8. if for any cause but because all Iudges even inferiour are the immediate Deputies of the King of Kings and their sentence in Iudgement as the sentence of the Iudge of all the earth I shall be informed by the P. Prelate when he shall answer my reasons if his interdicted Lordship may cast an eye to a poore Presbyter below and as wisedome is that by which Kings raigne Prov. 8. 15. so also v. 16. by which Princes Rule and Nobles even all the Iudges of the earth all that is said against this is That the King hath a Prerogative Royall by which he is differenced from all Iudges in Israel called jus regis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for saith Barclay The King as King essentially hath a Domination and power above all so as none can censure him or punish him but God because there be no thrones above his but the throne of God The Iudges
the Kings and Iudges which I shall make good by these places Deut. 21. 19. The rebellious Son is brought to the Elders of the Citie who had power of life and death and caused to stone him Deut. 22. 18. The Elders of the Citie shall take that man and chastise him Iosh 20. 4. But beside the Elders of every Citie there were the Elders of Israel and the Princes who had also judiciall power of life and death as the Iudges and King had Josh 22. 30. Even when Ioshua was Iudge in Israel the Princes of the Congregation and heads of the Thousands of Israel did judicially cognosce whether the Children of Reuben of Gad and of halfe the tribe of Manasseh were apostates from God and the Religion of Israel 2 Sam. 5. 3. All the Elders of Israel made David King at Hebron and Num. 11. They are appointed by God not to be the advisers only and helpers of Moses but v. 14 17. to beare a part of the burden of ruling and governing the people that Moses might be eased Jeremiah is accused c. 26. 10. upon his life before the Princes Iosh 7 4. The Princes sit in judgement with Ioshua Iosh 9. 15. Ioshua and the Princes of the Congregation sware to the Gibeonites that they would not kill them The Princes of the house of Israel could not be rebuked for oppression in judgement Mic. 3. 1 2 3. if they had not had power of judgement So Zeph. 3. 3. And Deut. 1. 17. 2. Chron. 19. 6 7. They are expresly made Iudges in the place of God And 1 Sam. 8. 2. without advise or knowledge of Samuel the supreme Iudge they conveene and ask a King and without any head or superior when there is no King they conveene a Parliament and make David King at Hebron And when David is banished they conveen to bring him home againe when Tyrannous Athalia reigneth they conveene and make Ioash King and that without any King And Iosh 22. there is a Parliament conveened and for any thing we can read without Ioshua to take cognisance of a new Altar It had been good that the Parliaments both of Scotland and of England had conveened though the King had not indicted and summoned a Parliament without the King to take order with the wicked Clergie who had made many idolatrous Altars And the P. Prelate should have brought an argument to prove it unlawfull in foro Dei to set up the Tables and Conventions in our Kingdome when the Prelates were bringing in the grossest idolatrie into the Church a service for adoring of Altars of Bread the worke of the hand of the Baker a God more corruptible then any god of silver and gold And against Achabs will and minde 1 King 18 19. Elias causeth to kill the Priests of Baal according to Gods expresse law It is true it was extraordinary but no otherwise extraordinary then it is at this day When the supreme Magistrate will not execute the judgement of the Lord Those who made him supreme Magistrate under God who have under God soveraigne libertie to dispose of crownes and kingdomes are to execute the judgement of the Lord when wicked men make the law of God of none effect 1 Sam. 15. 32. so Samuel killed Hagage whom the Lord expresly commanded to be killed because Saul disobeyed the voyce of the Lord. I deny not but there is necessitie of a cleere warrant that the Magistrate neglect his duty either in not conveening the States or not executing the judgement of the Lord. 3. I see not how the conveening of a Parliament is extraordinarie to the States for none hath power ordinary when the King is dead or when he is distracted or captive in another land to conveene the Estates and Parliament but they only and in their defect by the law of Nature the people may conveene But 4. If they be essentially Iudges no lesse then the King as I have demonstrated to the impartiall Reader in the former Chapter I conceive though the State make a positive law for Orders cause that the King ordinarily conveene Parliaments Yet if we dispute the matter in the court of Conscience the Estates have intrinsecally because they are the Estates and essentially Iudges of the Land ordinary power to conveene themselves 1. Because when Moses by Gods rule hath appointed seventie men to be Catholike Iudges in the Land Moses upon his sole pleasure and will hath not power to restraine them in the exercise of judgment given them of God for as God hath given to any one Iudge power to judge righteous judgement though the King command the contrary so hath he given to him power to sit down in the gate or the bench when and where the necessitie of the oppressed people calleth for it For 1. the expresse commandement of God which saith to all Iudges Execute judgement in the morning involveth essentially a precept to all the Physicall actions without which it is impossible to execute judgement As namely if by a divine precept the Iudge must execute judgement ergo he must come to some publique place and he must cause partie and witnesses come before him and he must consider cognosce examine in the place of judgement things persons circumstances and so God who commandeth positive acts of judgeing commandeth the Iudges locomotive power and his naturall actions of compelling by the sword the parties to come before him even as Christ who commandeth his servants to preach commandeth that the Preacher and the People goe to Church and that he stand or sit in a place where all may heare and that he give himselfe to reading and meditating before he come to preach And if God command one Iudge to come to the place of judgement so doth he command seventie and so all Estates to conveen in the place of judgement It is objected That the Estates are not Iudges ordinary and habitually but only Iudges at some certaine occasions when the King for cogent and weighty causes calleth them and calleth them not to judge but to give him advise and counsell how to judge Ans 1. They are no lesse Iudges habitually then the King when the common affaires of the whole Kingdome necessitateth these Publique Watchmen to come together for even the King judgeth not actually but upon occasion 2. This is to beg the question to say that the Estates are not Iudges but when the King calleth them at such and such occasions for the Elders Princes and Heads of families and Tribes were Iudges ordinarie because they made the King And 2. the Kingdome by God yea and Church Iustice and Religion so far as they concerne the whole Kingdome are committed not to the keeping of the King only but to all the Iudges Elders and Princes of the Land And they are rebuked as evening wolves lyons oppressors Ezech. 22. 27. Zaca 3. 3. Esa 3. 14 15. Mic. 3. 1 2 3. when they oppresse the people in judgement So are they Deut.
1. 15 16 17. 2 Chron. 19. 6 7. made Iudges and therefore they are no more to be restrained not to conveene by the Kings power which is in this accumulative and auxiliarie not privative then they can be restrained in judgement and in pronouncing such a sentence as the King pleased and not such a sentence Because as they are to answer to God for unjust sentences so also for no just sentences and for not conveening to judge when Religion and Iustice which are fallen in the streets calleth for them 3. As God in a law of nature hath given to every man the keeping and selfe-preservation of himselfe and of his brother Caâ—n ought in his place to be the keeper of Abel his brother So hath God committed the keeping of the Commonwealth by a positive law not to the King only because that is impossible Num. 11. 14 17. 2 Chron. 19. 1 2 3 4 5 6. 1 Chron. 27. 4. If the King had such a power as King and so from God he should have power to breake up the meeting of all Courts of Parliament Secret Councell and all inferior Iudicatures And when the Congregation of gods as Ps 82. in the midst of which the Lord standeth were about to pronounce just judgement for the oppressed and poere they might be hindred by the King and so they should be as just as the King maketh them and might pervert judgement and take away the righteousnesse of the righteous from him Esa 5. 23. because the King commandeth And the cause of the poore should not come before the Iudge when the King so commandeth And shall it excuse the Estates to say We could not judge the cause of the poore nor crush the Priests of Baal and the idolatrous Masse-Preltes because the King forbad us So might the King breake up the meeting of the Lords of Session when they were to decerne that Naboths vineyard should be restored to him and hinder the States to represse Tyranny And this were as much as if the States should say We made this man our King and with our good will we agree he shall be a Tyrant For if God gave it to him as a King we are to consent that he enjoy it 5. If Barclay and other flatterers have leave to make the Parliament but Counsellers and Advisers of the King and the King to be the only and sole Iudge 1. The King is by that same reason the sole Iudge in relation to all Iudges the contrary whereof is cleere Num. 11. 16. Deut 1. 15 16 17. 2 Chron. 19. 6. Rom. 13. 1 2. 1 Pet. 2. 13 14. Yea but say they the King when he sendeth an Ambassadour he may tye him to a written Commission and in so far as he exceedeth that he is not an Ambassadour and cleare it is that all inferiour Iudges 1 Pet. 2. 13 14. are but sent by the King ergo they are so Iudges as they are but messengers and are to adhere to the Royall pleasure of the Prince that sent them Ans 1. The Ambassadour is not to accept an unjust Ambassage that fighteth with the Law of nature 2. The Ambassadour and the Iudge differ the Ambassadour is the King and States Deputy both in his call to the Ambassage and also in the matter of the Ambassage for which cause he is not to transgresse what is given to him in Writ as a Rule but the inferiour Iudges and the high Court of Parliament though they were the Kings Deputies as the Parliament is in no sort his Deputy but he their Deputy Royall yet it is only in respect of their call not in respect of the matter of their Commission for the King may send the Iudge to judge in generall according to the Law and Iustice and Religion but he cannot depute the sentence and command the conscience of the Judge to prononnce such a sentence not such the inferiour Iudge in the act of judging is as independent and his conscience as immediatly subject to God as the King therefore the King owes to every sentence his approbative suffrage as King but not his either directive suffrage nor his imperative suffrage of absolute pleasure 6. If the King should sell his Country and bring in a forraigne Army the estates are to convene to take course for the safety of the Kingdome 7. If David exhort the Princes of Israel to helpe King Solomon in governing the Kingdome in building the Temple 2 Chron. 32. 3. Ezechiah tooke counsell with his Princes and his mighty men in the matter of holding off the Assyrians who were to invade the Land if David 1 Chron. 13. 1 2 3 4. consult with the Captaines of thousands and hundreds to bring the Arke of God to Kireath jearim if Solomon 1 King 8. 1. Assemble the Elders of Israel and all the Heads of the Tribes and the chief of the fathers to bring the Arke of the Tabernacle to the congregation of the Lord. And Achab gather together the States of Israel in a matter that nearely concerned Religion If the Elders and people 1 King 20. 8. counsell and decree that King Achab should hearken to Benhadad King of Syria and if Ahasuerus make no Decrees but with consent of his Princes Ester 1. 21. nor Darius any Act without his Nobles and Princes if Hamor and Schechem Genes 34. 20. would not make a Covenant with Iacobs Sons without the consent of the men of the City and Ephron the Hittite would not sell Abraham a buriall place in his Land without the consent of the children of Heth Gen. 23. 10. Then must the estates have a power of judging with the King or Prince in matters of Religion Iustice and Government which concerne the whole Kingdome but the former is true by the Records of Scripture ergo so is the latter 8. The men of Ephraim complaine that Iephtah had gone to warre against the children of Ammon without them and hence rose warre betwixt the men of Ephraim and the men of Gilead Iud. 12. 1 2 3. and the men of Israel â—iercely contend with the men of Iudah because they brought King David home againe without them pleading that they were therein dispised 2 Sam. 19. 41 42 43. which evinceth that the whole States have hand in matters of publick government that concerne all the Kingdome and when there is no King Iudg. 20. The chiefe of the people and of all the Tribes goe out in battell against the children of Benjamin 9. These who make the King and so have power to unmake him in the case of Tyranny must be above the King in power of Government but the Elders and Princes made both David and Saul Kings 10. There is not any who say that the Princes and people 1 Sam. 14. did not right in rescuing innocent Ionathan from death against the Kings Will and his Law 11. The speciall ground of Royalists is to make the King the absolute supreame giving all life and
supposed Prerogative to Law Reason and to that which is debitum legale officii and a legall duty of an office and by this our masters the Royalists make God to frame a rationall creature which they call a King to frame acts of Royalty good and lawfull upon his own meer pleasure and the super-dominion of his will above a Law and Reason And from this it is that deluded Counsellours made King James a man not of shallow understanding and King Charls to give pardons to such bloody murtherers as James a Grant and to go so far on by this supposed Prerogative Royall that King Charls in Parliament at Edinburgh 1633. did command an high point of Religion That Ministers should use in officiating in Gods service such Habits and Garments as he pleaseth that is all the Attire and Habits of the idolatrous Masse-Priests that the Romish Priests of Baal useth in the oadest point of idolatry the adoring of Bread that the earth has and by this Prerogative the King commanded the Service Book in Scotland An. 1637. without or above Law and Reason And I desire any man to satisfie me in this If the Kings Prerogative Royall may over-leap Law and Reason in two degrees and if he may as King by a Prerogative Royall command the body of Popery in a Popish Book If he may not by the same reason over-leap Law and Reason by the elevation of twenty degrees And if you make the King a Iulian God avert and give the spirit of revelation to our King may he not command all the Alcaron and the Religion of the Heathen and Indians Royalists say The Prerogative of Royalty excludeth not reason and maketh not the King to â—â— as a brute beast without all reason but it giveth a power to a King to do by his Royall pleasure not fettered to the dictates of a Law for in things which the King doth by his Prerogative Royall he is to follow the advice and counsell of his wise counsell though their counsell and advice doth not binde the Royall will of the King I answer it is to me and I am sure to many Learneder a great question If the will of any reasonable creature even of the damned angels can will or chose any thing which their reason corrupted as it is doth not dictate hic nunc to be good For the object of the will of all men is good either truely or apparently good to the doer for the devill could not suite in marriage souls except he war in the cloths of an Angel of light sin as sin cannot sell or obtrude it self upon any but under the notion of good I think it seemeth good to the great Turk to command innocent men to cast themselves over a precipie two hundreth fadom high in the Sea and drown themselves to pleasure him So the Turks reason for he is rationall if he be a man dictateth to his vast pleasure that that is good which he commandeth 2. Counsellours to the King who will speak what will please the Queen are but naked empty Titles for they speak que placent non que prosunt what may please the King whom they make glad with their lies not what law and reason dictateth 3. Absolutenesse of an unreasonable Prerogative doth not deny Counsell and Law also for none more absolute de facto I cannot say de jure then the Kings of Babylon and Persia for Daniel saith of one of them Dan. 5. 19. Whom he would he slew and whom he would he kept alive and whom he would he set up and whom he would he put down and yet these same Kings did nothing but by advice of their Princes and Counsellors yea so as they could not alter a decree and law as is clear Ester 1. 14 15 16 17 21. Yea Darius de facto an absolute Prince was not able to deliver Daniel because the Law was passed that he should be cast into the Lions den Dan. 6. 14 15 16. 4. That which the spirit of God condemneth as a point of Tyranny in Nebuchadnezzar that is no lawfull Prerogative Royall but the spirit of God condemneth this as Tyranny in Nebuchadnezzar That he slew whom he would he kept alive whom he would he set up whom he would he put down this is too God-like Deut. 32. 39. So Polanus Rollocus on the place say he did these things Vers 19. Ex abusu legitime potestatis for Nebuchadnezzars will in matters of death and life was his Law and he did what pleased himself above all Law beside and contrary to it and our flatterers of Kings draw the Kings Pretogative out of Vlpians words who saith That is a Law which seemeth good to the Prince but Vlpian was far from making the Princes will a rule of good and ill for he saith the contrary That the Law ruleth the just Prince 5. It is considerable here that Sanches defineth the absolute power of Kings to be a plenitude and fulnesse of power subject to no necessity and bounded with rules of no publick Law and so did Baldus before him but all Politicians condemn that of Caligula as Suetonius saith which he spake to Alexander the Great Remember that thou maist do all things and that thou hast a power to do to al men what thou pleasest And Lawyers say that this is Tyranny Chilon one of the seven wise of Greece as Rodigi saith better Princes are like gods because they onely can do that which is just And this power being meerly Tyrannicall can be no ground of a Royall Prerogative There is another power saith Sanches absolute by which a Prince dispenseth without a cause in a humane law and this power saith he may be defended but he saith What the King doth by this absolute power he doth it validè validly but not jure by Law but by valid acts the Iesuite must mean Royall Acts but no acts void of Law and Reason say we can be Royall Acts for Royall Acts are acts performed by a King as a King and by a Law and so cannot be Acts above or beside a Law It is true a King may dispence with the breach of an humane Law as a humane Law that is If the Law be death to any who goeth up on the Walls of the Citie the King may pardon any who going up discovereth the enemies approach and saveth the Citie But 1. The inferiour Iudge according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that benigne interpretation that the soul and intent of the Law requireth may do this as well as the King 2. All acts of independent Prerogative are above a Law and acts of free-will having no cause or ground in the Law otherwayes it is not founded upon absolute power but on power ruled by Law and Reason but to pardon a breach of the letter of the Law of man by exponing it according to the true intent of the Law and benignly is an act of legall obligation and so of the ordinary power of
if they break this Law But this maketh not the King greater then the Law for therefore do Rulers put the stamp of relation to punishment on the Law because there is intrinsecall worth in the Law Prior to the Act of the will of Law-givers for which it meriteth to be inacted and therefore because it is authorizable as good and just the King puteth on it this stamp of a Politique Law God formeth Being and morall Aptitude to the end in all Laws to wit the safetie of the people and the Kings will is neither the measure nor the cause of the goodnesse of things 2. If the King be he who maketh the Law good and just because he is more such himself then as the Law cannot crook and erre nor sin neither can the King sin nor break a Law This is blasphemy Every man is a lyer a Law which deserveth the name of a Law cannot lie 3. His ground is That there is such majesty in Kings that their will must be done either in us or on us A great untruth Achabs will must neither be done of Elias for he commandeth things unjust nor yet on Elias for Elias fled and lawfully we may slie Tyrants and so Achabs will in killing Elias was not done on him Assert 2. Nor can it be made good that the King only hath power of making Lawes because his power were then absolute to inflict penalties on Subjects without any consent of theirs and that were a dominion of Masters who command what they please and under what paine they please And the people consenting to be ruled by such a man they tacitely consent to penaltie of laws because naturall reason saith An ill-doer should be punished Florianus in l. inde Vasquez l. 2. c. 55. n. 3. Therefore they must have some power in making these lawes 2. Jer. 26. It is cleare The Princes judge with the people A nomothetick power differeth gradually only from a judiciall power both being collarerall meanes to the end of Government the peoples safetie But Parliaments judge ergo they have a nomothetick power with the King 3. The Parliament giveth all supremacie to the King ergo to prevent Tyrannie it must keep a coordinate power with the King in the highest acts 4. If the Kingly line be interrupted if the King be a Childe or a Captive they make Lawes who make Kings Ergo this nomothetick power recurreth into the States as to the first subject Obj. The King is the fountaine of the law and Subjects cannot make Lawes to themselves more then they can punish themselves He is only the Supreme Answ The People being the fountaine of the King must rather be the fountaine of Lawes 2. It is false that no man maketh lawes to himselfe Those who teach others teach themselves also 1 Tim. 2. 12. 1 Cor. 14. 34. though Teaching be an act of authoritie But they agree to the penaltie of the Law secondarily only and so doth the King who as a father doth not will evill of punishment to his children but by a consequent will 3. The King is the only Supreme in the power ministeriall of executing lawes but this is a derived power so as no one man is above him but in the fountaine-power of Royaltie the States are above him 5. The Civil law is cleare that the laws of the Emperor have force only from this fountaine because the People have transferred their power to the King Lib. 1. digest tit 4. de constit Princip leg 1. sic Vlpian Quod Principi placuit loquitur de Principe formaliter qua Princeps est non qua est homo legis habet vigorem utpote cum lege Regia quae de imperio ejus lata est populus â—i in eum omne suum imperium potestatem conferat Yea the Emperour himselfe may be conveened before the Prince Elector Aurea Bulla Carol. 4. Imper c. 5. The King of France may be conveened before the Senate of Paris The States may resist a Tyrant as Bossius saith de Principe privileg ejus n. 55. Paris de puteo in tract syno tit de excess Reg. c. 3. Divines acknowledge that Elias rebuked the halting of Israel betwixt God and Baal that their Princes permitted Baals Priests to converse with the King And is not this the sinne of the Land that they suffer their King to worship Idols and therefore the Land is punished for the sinnes of Manasseh as Knox observeth in his Dispute with Lethington where he proveth that the States of Scotland should not permit the Queen of Scotland to have her abominable Masse Hist of Scotland l. 4. p. 379. edit an 1644. Surely the power or Sea-Prerogative of a sleepie or mad Pilot to split the ship on a rock as I conceive is limited by the Passengers Suppose a father in a distemper would set his own house on fire and burne himselfe and his ten sonnes I conceive his Fatherly prerogative which neither God nor Nature gave should not be looked to in this but they may binde him Yea Althusius polit c. 39. n. 60. answering that That in Democracie the people cannot both command and obey saith It is true secundum idem ad idem eodem tempore But the people may saith he choose Magistrates by succession Yea I say 1. they may change Rulers yearely to remove envie A yearely King were more dangerous the King being almost above envie Men incline more to flatter then to envie Kings 2. Aristotle saith polit l. 4. c. 4. l. 6. c. 2. The people may give their judgement of the wisest Obj. Williams B. of Ossorie Vindic. Reg. A Looking-glasse for Rebels saith p. 64. To say the King is better than any one doth not prove him to be better then two and if his supremacie be no more then any other may challenge as much for the Prince is singulis major A Lord is above all Knights a Knight above all Esquires and so the People have placed a King under them not above them Ans The reason is not alike for all the Knights united cannot make one Lord and all the Esquires united cannot make one Knight but all the People united made David King at Hebron 2. The King is above the people by eminencie of derived authoritie as a Watchman and in actuall supremacie and he is inferior to them in fountaine-power as the effect to the cause Object 2. The Parliament saith Williams may not command the King Why then make they supplications to him if their Vote be a Law Ans They supplicate ex decentia of decencie and conveniencie for his place as a Citie doth supplicate a Lord Major but they supplicate not ex debito of obligation as beggars seeke almes then should they be cyphers 2. When a Subject oppressed supplicateth his Soveraigne for justice the King is obliged by office to give justice And to heare the oppressed is not an act of grace and mercie as to give
almes though it should proceed from mercie in the Prince Psal 72. 13. but an act of Royall debt 3. The P. Prelate objecteth The most you claime to Parliaments is a coordinate power which in law and reason run in equall tearmes In Law par in parem non habet imperium an equall cannot judge an equall much lesse may an inferiour usurpeto judge a superiour Our Lord knew gratiâ visionis the woman taken in adulterie to be guilty bat he would not scntence her to teach us not improbably not to be both Judge and Witnesse The Parliament are Judges accusers and witnesses against the King in their owne cause against the Imperiall lawes Ans 1. The Parliament is coordinate ordinarily with the King in the power of making Lawes but the coordination on the Kings part is by derivation on the Parliaments part originaliter fontaliter as in the fountaine 2. In ordinarie there is coordination but if the King turne Tyrant the Estates are to use their fountaine-power And that of the Law Par in parem c. is no better from his Pen that stealeth all he hath then from Barclaius Grotius Arnisaeus Blackwood c. It is cold and sowre We hold the Parliament that made the King at Hebron to be above their own creature the King Barclaius saith more acurately l. 5 cont Monarch p. 129. It is absurd that the People should both be subject to the King and command the King also Ans It is not absurd that a Father naturall as a private man should be subject to his Sonne even that Jesse and his elder brother the Lord of all the rest be subject to David their King Royalists say Our late Queen being supreme Magistrate might by Law have put to death her own husband for adulterie or murther 2. The Parliament should not be both Accuser Iudge and Witnesse in their own cause 1. It is the Cause of Religion of God of Protestants and of the whole people 2. The oppressed accuse there is no need of witnesses in raising armes against the Subjects 3. The P. Prelate could not object this if against the Imperiall laws the King were both Partie and Iudge in his own cause and in these acts of arbitrarie power which he hath done through bad counsell in wronging Fundamentall lawes raising armes against his subjects bringing in forraigne enemies into both his Kingdomes c. Now this is properly the cause of the King as he is a man and his owne cause not the cause of God and by no Law of nature reason or Imperiall Statutes can he be both Iudge and party 4. If the King be sole supreame Iudge without any fellow sharers in power 1. He is not obliged by Law to follow Counsell or hold Parliaments for Counsell is not Command 2. It is unpossible to limit him even in the exercises of his power which yet Dr. Ferne saith cannot be said for if any of his power be retrinched God is robbed saith Maxwell 3. He may by Law play the Tyrant gratis Ferne objecteth § 7. pag. 26. The King is a fundamentall with the Estates now foundations are not to be stirred or removed Ans The King as King inspired with Law is a fundamentall and his power is not to be stirred but as a man wasting his people he is a destruction to the house and community and not a fundamentall in that notion Some object The three Estates as men and looking to their owne ends not to Law and the publick good are not fundamentalls and are to be judged by the King Ans By the people and the conscience of the people they are to be judged Obj. But the people also doe judge as corrupt men and not as the people and a Politique Body providing for their owne safety Ans I grant all when God will bring a vengeance on Jerusalem Prince and people both are hardened to their owne destruction Now God hath made all the three in every Government where there is Democracy there is some chosen ones resembling an Aristocracy and some one for order presiding in Democraticall courts resembling a King In Aristocracy as in Holland there is somewhat of Democracy the people have their Commissioners and one Duke or Generall as theâ— Prince of Orange is some â—mbrage of Royalty and in Monarchy there are the three Estates of Parliament and these containe the three Estates and so somewhat of the three formes of Government and there is no one Government just that hath not some of all three powre and absolute Monarchy is Tyranny unmixed Democracy is confusion untempered Aristocracy is factious Dominion and a limited Monarchy hath from Democracy respect to publick good without confusion From Aristocracy safety in multitude of Counsells without factious emulation and so a barre laid on Tyranny by the joynt powers of many and from Soveraignty union of many children in one father and all the three thus contempered have their owne sweet fruits through Gods blessing and their owne diseases by accident and through mens corruption and neither reason nor Scripture shall warrant any one in its rigid purity without mixture And God having chosen the best government to bring men fallen in sinne to happinesse must warrant in any one a mixture of all three as in mixt bodies the foure Elements are reduced to a fit temper resulting of all the foure where the acrimony of all the foure first qualities is broken and the good of all combined in one The King as the King is an unerring and living Law and by grant of Barclay of old was one of excellent parts and noble through vertue and goodnesse and the goodnesse of a father as a father of a tutor as a tutor of a head as a head of a husband as a husband doe agree to the King as the King so as King he is the Law it selfe commanding governing saving 2. His Will as King or his Royall Will is reason conscience Law 3. This Will is politickly present when his person is absent in all Parliaments Courts and inferiour Iudicatures 4. The King as King cannot doe wrong or violence to any 5. Amongst the Romanes the name King and Tyrant were common to one thing 1. Because de facto some of their Kings were Tyrants in respect of their Dominion rather then Kings 2. Because he who was a Tyrant De facto should have been and was a King too de jure 6. It is not lawfull to either disobey or resist a King as a King no more then it is lawfull to disobey a good Law 7. What violence what unjustice and excesse of passion the King mixeth in with his Acts of Government are meerely accidentall to a King as King for because men by their owne innate goodnesse will not yea Morally cannot doe that which is lawfull and just one to another and doe naturally since the fall of man violence one to another therefore if there had not been sin there should not have been
people and so what he doth to the hurt of his subjects he doth it not as King 2. The Law saith Qui habet potestatem constituendi etiam jus adimendi l. nemo 37. l. 21. de reg jure Those who have power to make have power to unmake Kings 3. What ever the King doth as King that he doth by a power borrowed from or by a fiduciary power which is his by trust the Estates who made him King He must then be nothing but an eminent servant of the State in the punishing of others If therefore he be unpunishable it is not so much because his Royall power is above all Law-coaction as because one the same man cannot be both the punisher and the punished and this is a Physicall incongruity rather then a Morall absurdity So the Law of God layeth a duty on the inferiour Magistrate to use the sword against the murtherer and that by vertue of his Office but I much doubt if for that he is to use the sword against himselfe in the case of Murther for this is a truth I purpose to make good that suffering as suffering according to the substance and essence of passion is not commanded by any Law of God or nature to the sufferer but only the manner of suffering I doubt if it be not by the Law of Nature lawfull even to the ill doer who hath deserved death by Gods Law to fly from the sword of the lawfull Magistrate only the manner of suffering with patience is commanded of God I know the Law saith here That the Magistrate is both Iudge and the Executor of the sentence against himselfe in his owne cause for the excellency of his Office Therefore these are to be distinguished whether the King Ratione demeriti jure by Law be punishable or if the King can actually be punished corporally by a Law of man he remaining King and since he must be a punisher himselfe and that by vertue of his Office In matters of goods the King may be both Iudge and punisher of himselfe as our Law provideth that any subject may plead his owne heritage from the King before the inferiour Iudges and if the King be a violent possessour and in Mala fide for many yeares by Law he is obliged upon a Decree of the Lords to execute the sentence against himselfe Ex officio and to restore the Lands and repay the dammage to the just owner and this the King is to doe against himselfe ex officio I grant here the King as King punisheth himselfe as an unjust man but because bodily suffering is meere violence to nature I doubt if the King ex officio is to doe or inflict any bodily punishment on himselfe Nemo potest a seipso cogi l. ille a quo 13. § Assert 6. There be some Lawes made in favour of the King as King as to pay tribute The King must be above this Law as King True but if a Noble man of a great rent be elected King I know not if he can be free from paying to himselfe as King tribute seeing this is not allowed to the King by a Divine Law Rom. 13. 6. as a reward of his worke and Christ expresly maketh tribute a thing due to Caesar as a King Matth. 22. v. 21. There be some solemnities of the Law from which the King may be free Prickman D. c. 3. n. 78. and he relateth what they are they are not Lawes but some circumstances belonging to Lawes and Prickman answereth to many places alledged out of the Lawyers to prove the King to be above the Law Maldorus in 12. Art 4 5 9 96. will have the Prince under that Law which concerneth all the Common-wealth equally in regard of the matter and that by the Law of nature but he will not have him subject to these Lawes which concerneth the subjects as subjects as to pay tribute He citeth Francisc a Vict. Covarruvia and Turrecremata He also will have the Prince under positive Lawes such as not to transport victualls not because the Law bindeth him as a Law But because the making of the Law bindeth him Tanquam conditio sine qua non even as he who teacheth another that he should not steale he should not steale himselfe Rom. 2. But the truth is this is but a branch of the Law of Nature that I should not commit Adultery and Theft and Sacriledge and such sinnes as nature condemneth if I shall condemne them in others and doth not prove that the King is under the coactive power of Civill Lawes Vlpianus l. 31. F. de regibus saith The Prince is loosed from Lawes Bodine de Repub. l. 7. c. 8. Nemo imperat sibi No man commandeth himselfe Tholosanus saith Ipsius est dare non accipere leges The Prince giveth Lawes but receiveth none De Rep. l. 7. c. 20. Donellus Lib. 1. Comment c. 17. distinguisheth betwixt a Law and a Royall Law proper to the King Trentlerus Volum 1. 79. 80. saith The Prince is freed from Laws and that he obeyeth Laws de honestate non de necessitate Vpon honesty not of necessity Thomas P. 1. q. 96. Art 5. and with him Soto Gregorius de Valentia and other Schoole-men subject the King to the directive power of the Law and liberate him of the coactive power of the Law Assert 7. If a King turne a Paricide a Lyon and a waster and destroyer of the people as a man he is subject to the Coactive power of the Lawes of the Land If any Law should hinder that a Tyrant should not be punished by Law it must be because he hath not a superiour but God for Royalists build all upon this but this ground is false because the Estates of the Kingdome who gave him the Crowne are above him and they may take away what they gave him as the Law of Nature and God saith If they had knowne he would turne Tyrant they would never have given him the sword and so how much ignorance is in the contract they made with the King as little of will is in it and so it is not every way willing but being conditionall is supposed to be against their will 2. They gave the power to him only for their good and that they make the King is cleare 2 Chron. 23. 11. 1 Sam. 10. 17 24. Deut. 17. 14 15 16 17. 2 King 11. v. 12. 1 King 16. 21. 2 King 10. 5. Iud. 9. 6. 2. 2 Chron. 26. 18. fourescore valiant men of the Priests withstood Vzziah in a corporall violence and thrust him out and cut him off from the house of the Lord. And 2. If the Princes place doe not put him above the Lawes of Church-Discipline Matth. 18. for Christ excepteth none and how can men except and if the rod of Christs lips smite the earth and stay the wicked Esay 11. 4. and the Prophets Elias Nathan Ieremiah Esaiah c. Iohn Baptist Iesus Christ and his
because he hath sinned against humane societie either through the scandall of blasphemie or through other heynous sinnes he hath defiled the Land Now this is incident to the King as well as to some other sinfull man To these and the like heare what the excommunicated Prelate hath to say 1. They say he meaneth the Jesuites Every societie of men is a perfect Republick and so must have within it selfe a power to preserve it selfe from ruine and by that to punish a Tyrant He answereth A societie without a Head is a disorderly rout not a Politique body and so cannot have this power Ans 1. The Pope giveth to every Societie Politick power to make away a Tyrant or hereticall King and to un-king him by his brethren the Jesuites way And observe how Papists of which number I could easily prove the P. Prelate to be by the Popish doctrine that he delivered while the iniquitie of time and dominion of Prelates in Scotland advanced him against all worth of true learning and holinesse to be a Preacher in Edinborough and Iesuites agree as the builders of Babylon It is the purpose of God to destroy Babylon 2. This answer shall inferre that the Aristocraticall Governors of any free State and that the Duke of Venice and the Senate there is above all Law and cannot be resisted because without their Heads they are a disorderly Rout. 3. A Politicall societie as by Natures instinct they may appoint a Head or Heads to themselves so also if their Head or Heads become ravenous Wolves the God of Nature hath not left a perfect Societie remedilesse but they may both resist and punish the Head or Heads to whom they gave all the power that they have for their good not for their destruction 4. They are as orderly a body Politique to unmake a Tyrannous Commander as they were to make a just Governonr The Prelate saith It is alike to conceive a Politique body without a Governour as to conceive the naturall body without a Head He meaneth None of them can be conceivable I am not of his minde When Saul was dead Israel was a perfect Politique body and the Prelate if he be not very obtuse in his head as this hungry peece stollen from others sheweth him to be may conceive a visible Politicall societie performing a Politicall action 2 Sam. 5. 1 2 3. making David King at a visible and conceivable place at Hebron and making a Covenant with him And that they wanted not all Governors is nothing to make them Chymera's unconceivable For when so many families before Nimrod were governed only by fathers of families and they agreed to make either a King or other Governors a Head or Heads over themselves though the severall families had government yet these consociated families had no government and yet so conceivable a Politique body as if Maxwell would have compeared amongst them and called them a disorderly rout or an unconceivable Chymera they should have made the Prelate know that Chymera's can knock down Prelates Neither is a King the life of a Politique body as the soule is of the naturall body The body createth not the soule but Israel created Saul King and when he was dead they made David King and so under God many Kings as they succeeded till the Messiah came No naturall body can make soules to it selfe by succession Nor can Seas create new Prelates alwayes P. Prelate Jesuites and Puritans differ infinitely We are hopefull God shall cast down this Babel The Iesuites for ought I know seat the superintendent power in the Communitie Some Sectaries follow them and warrant any individuall person to make away a King in case of defects and the worke is to be rewarded as when one killeth a ravenous Wolfe Some will have it in a collective body but how not met together by warrant or writ of Soveraigne Authoritie but when fancie of reforming Church and State calleth them Some will have the power in the Nobles and Peeres some in the three Estates assembled by the Kings Writ some in the inferior Iudges I know not where this power to curbe Soveraigntie is but in Almighty God Ans 1. Iesuites and Puritans differ infinitely true Jesuites deny the Pope to be Antichrist hold all Arminian doctrine Christs locall descension to hell all which the Prelate did preach We deny all this 2. We hope also the Lord shall destroy the Jesuites Babel the â—uburbs whereof and more are the Popish Prelates in Scotland and England 3. The Jesuites for ought he knoweth place all superintendent power in the Communitie The Prelate knoweth not all his brethren the Iesuites wayes but it is ignorance not want of good will For Bellarmine Beucanus Suarez Gregor de Valentia and others his deare fellowes say That all superintendent power of policy in ordine ad spiritualia is in the man whose foot Maxwell would kisse for a Cardinals Haâ— 4. If these be all the differences it is not much the Community is the remote and last subject the representative body the nearest subject the Nobles a partiall subject the Iudges as Iudges sent by the King are so in the game that when an Arbitrary Prince at his pleasure setteth them up and at command that they judge for men and not for the Lord and accordingly obey they are by this power to be punished and others put in their place 5. A true cause of convening Parliaments the prelate maketh a Fancie at this time it is as if the theeves and robbers should say a Iustice Court were a fancie but if the Prelate might compeare before the Parliament of Scotland to which he is an out-law like his father 2 Thess 2. 4. such a fancie I conceive should hang him and that deservedly P. Prelate The subject of this superintending power must be secured from errour in judgement and practise and the community and States then should be infallible Ans The consequence is nought no more then the King the absolute independent is infallible 2. It is sure the people are in lesse hazard of Tyranny and selfe destruction then the King is to subvert Lawes and make himselfe absolute and for that cause there must be a superintendent power above the King and God Almighty also must be above all P. Prelate The Parliament may erre then God hath left the state remedilesse except the King remedy it Ans There 's no consequence here except the King be impeccable 2. Posteriour Parliaments may correct the former 3. A State is not remedilesse because Gods remedies in sinfull mens hands may miscarry But the question is now whether God hath given power to one man to destroy men subvert Lawes and Religion without any power above him to coerce restraine or punish P. Prelate If when the Parliament erreth the remedy is left to the Wisedome of God why not when the King erreth Ans Neither is Antecedent true nor the consequence valid for the sounder part may resist and it is
better then to prove Achab Ieroboam and many Kings in Israel and Judah committed Idolatry Ergo They had no Royall power at all In the rest of the Chapter for a whole Page he singeth over again his Mattens in a circle and giveth us the same Arguments we heard before of which you have these three notes 1. They are stoln and not his own 2. Repeated again and again to fill the field 3. All hang on a false supposition and a begging of the question That the people without the King have no power at all QUEST XXVII Whether or no the King be the sole supreme and finall interpreter of the Law THis Question conduceth not a little to the clearing of the doubts concerning the Kings absolute power and the supposed sole nomothetick power in the King And I thinke it not unlike to the question whether the Pope and Romish Church have a sole and peremptory power of exponing Lawes and the Word of God We are to consider that there is a twofold exposition of Lawes one speculative in a Schoole way so exquisite Iurists have a power to expone Lawes 2. Practicall in so farre as the sense of the Law falleth under our Practice and this is twofold either private and common to all or judiciall and proper to Iudges and of this last is the question For this Publicke the Law hath one fundamentall rule Salus populi like the King of Planets the Sunne which lendeth Star-light to all Lawes and by which they are exponed whatever interpretation swarveth either from fundamentall Lawes of policy or from the Law of Nature and the Law of Nations and especially from the safety of the publick is to be rejected as a perverting of the Law and therefore Conscientia humani generis the naturall conscience of all men to which the oppressed people may appeale unto when the King exponeth a Law unjustly at his owne pleasure is the last rule on earth for exponing of Lawes Nor ought Lawes to be made so obscure as an ordinary wit cannot see their connexion with fundamentall truths of policy and the safety of the people and therefore I see no inconvenience to say that The Law it selfe is Norma regula judicandi the Rule and directory to square the Iudge and that the Iudge is the publicke practicall interpreter of the Law Assert 1. The King is not the sole and finall interpreter of the Law 1. Because then inferiour Iudges should not be interpreters of the Law but inferiour Iudges are no lesse essentially Iudges then the King Deut. 1. 17. 2 Chron. 19. 6. L Pet. 2. 14. Rom. 13. 1 2. and so by Office must interpret the Law else they cannot give sentence according to their conscience and equity now exponing of the Law judicially is an act of judging and so a personall and incommunicable act so as I can no more judge and expone the Law according to another mans conscience then I can beleeve with another mans soule or understand with another mans understanding see with another mans eye The Kings pleasure therefore cannot be the rule of the inferiour Iudges conscience for he giveth an immediate accompt to God the Iudge of all of a just or an unjust sentence Suppoâ—e Caesar shall expone the Law to Pilate that Christ deserveth to dye the death yet Pilate is not in conscience to expone the Law so If therefore inferiour Iudges judge for the King they judge only by power borrowed from the King not by the pleasure will or command of the King thus and thus exponing the Law ergo the King cannot be the sole interpreter of the Law 2. If the Lord say not to the King only but also to other inferiour Iudges Be wise understand and the cause that you know not search out then the King is not the only interpreter of the Law But the Lord saith not to the King only but to other Iudges also Be wise understand and the cause that you know not search out ergo the King is not the sole Law-giver The Major is cleare from Ps 2. 10. Be wise now therefore O yee Kings be instructed yee Iudges of the earth So are commands and rebukes for unjust judgement given to others then to Kings Ps 82. 1 2 3 4 5. Ps 58. 1 2. Esay 1. 17 23 25 26. Esay 3. 14. see Iob. 29. 12 13 14 15. c. 31. v. 21. 22. 3 The King is either the sole interpreter of Law in respect he is to follow the Law as his Rule and so he is a ministeriall interpreter of the Law or he is an interpreter of the Law according to that super-dominion of absolute power that he hath above the Law If the former be holden then it is cleare that the King is not the only interpreter for all Iudges as they are Iudges have a ministeriall power to expone the Law by the Law but the second is the sense of Royalists Hence our second Assertion is That the Kings power of exponing the Law is a meere ministeriall power and he hath no dominion of any absolute Royall Power to expone the Law as he will and to put such a sense and meaning of the Law as he pleaseth 1. Because Saul maketh a Law 1 Sam. 14. 24. Cursed be the man that tasteth any food till night that the King may be avenged on his enemies the Law according to the letter was bloudy but according to the intent of the Law-giver and substance of the Law profitable for the end was that the enemies should be persued with all speed But King Sauls exponing the Law after a Tyrannicall way against the intent of the Law which is the Diamond and Pearle of all Lawes the safety of the innocent people was justly resisted by the people who violently hindered innocent Jonathan to be killed Whence it is cleare that the people and Princes put on the Law its true sense and meaning for Ionathans tasting of a little honey though as it was against that sinfull and precipitate circumstance a rash oath yet it was not against the substance and true intent of the Law which was the peoples speedy pursuite of the enemy Whence it is cleare that the people including the Princes hath a ministeriall power to expone the Law aright and according to its genuine intent and that the King as King hath no absolute power to expone the Law as he pleaseth 2. The Kings absolute pleasure can no more be the genuine sense of a just Law then his absolute pleasure can be a Law because the genuine sense of the Law is the Law it selfe as the formall essence of a thing differeth not really but in respect of reason from the thing it selfe The Pope and Romish Church cannot put on the Scripture Ex plenitudine potestatis what ever meaning they will no more then they can out of absolute power make Canonicke Scripture Now so it is that the King by his absolute power cannot make
Law no Law 1. Because he is King by or according to Law but he is not King of Law Rex est Rex secundum legem sed non est Dominus Rex legis 2. Because although it have a good meaning which Vlpian saith Quod principi placet legis vigorem habet The Will of the Prince is the Law yet the meaning is not that any thing is a just Law because it is the Princes Will for its rule formally for it must be good and just before the Prince can will it and then he finding it so he puteth the stampe of a humane Law on it 3. This is the difference between Gods Will and the will of the King or any mortall creature Things are just and good because God willeth them especially things positively good though I conceive it hold in all things and God doth not will things because they are good and just But the creature be he King or any never so eminent doe will things because they are good and just and the Kings willing of a thing maketh it not good and just for only Gods will not the Creatures will can be the cause why things are good and just If therefore it be so it must undeniably hence follow that the Kings will maketh not a just Law to have an unjust and bloody sense and he cannot as King by any absolute super-dominion over the Law put a just sense on a bloody and unjust Law 4. The advancing of any man to the Throne and Royall dignitie putteth not the man above the number of rationall men But no rationall man can create by any act of power never so transcendent or boundlesse a sense to a Law contrary to the Law Nay give me leave to doubt if Omnipotencie can make a just Law to have an unjust and bloody sense aut contra because it involveth a contradiction the true meaning of a Law being the essentiall forme of the Law Hence judge what bruitish swinish flatterers they are who say That it is the true meaning of the Law which the King the only supreme and independent expositor of the Law saith is the true sense of the Law There was once an Animal a Foole of the first magnitude who said He could demonstrate by invincible reasons that the Kings dung was more nourishing food then bread of the floore of the finest wheat For my part I could wish it were the Demonstrators only food for seven dayes and that should be the best demonstration he could make for his proofe 5. It must follow that there can be no necessitie of written laws to the Subjects against Scripture and naturall reason and the law of Nations in which all accord That Lawes not promulgated and published cannot oblige as Lawes Yea Adam in his innocencie was not obliged to obey a Law not written in his heart by Nature except God had made known the Law as is cleare Gen. 3. 11. Hast thou eaten of the tree whereof I commanded thee that thou shouldest not eat But if the Kings absolute Will may put on the Law what sense he pleaseth out of his independent and irresistable Supremacie The Lawes promulgated and written to the Subjects can declare nothing what is to be done by the Subjects as just and what is to be avoyded as unjust because the Lawes must signifie to the Subjects what is just and unjust according to their genuine sense Now their genuine sense according to Royalists is not only uncertaine and impossible to be known but also contradictorious for the King obligeth us without gainsaying to believe that the just Law hath this unjust sense Hence this of flattering Royalists crueller to Kings than Ravens for these eat but dead men and they devoure living men when there is a controversie between the King and the Estates of Parliament who shall expone the Law and render its native meaning say Royalists not the Estates of Parliament for they are Subjects not Iudges to the King and only Counsellers and advisers of the King The King therefore must be the only judiciall and finall expositor As for Lawyers said Strafford the Law is not inclosed in a Lawyers Cap. But I remember this was one of the Articles laid to the chargeb of Richard the Second that he said The Law was in his head and breast And indeed it must follow if the King by the plenitude of absolute power be the only supreme uncontrollable Expositor of the Law that is not Law which is written in the Acts of Parliament but that is the Law which is in the Kings breast and head which Iosephus lib. 19. Antiq. c. 2. objected to Caius And all justice and injustice should be finally and peremptorily resolved on the Kings will and absolute pleasure 6. The King either is to expone the Law by the Law it selfe or by his Absolute power loosed from all Law he exponeth it or according to the advise of his Great Senate If the first be said he is nothing more then other Iudges If the second be said he must be omnipotent and more If the third be said he is not absolute if the Senate be only Advisers and he yet the only Iudiciall expositor The King often professeth his ignorance of the Lawes and he must then both be absolute above the Law and ignorant of the Law and 2. the sole and finall Iudiciall exponer of the Law And by this all Parliaments and their power of making Lawes and of judging is cryed down They object Prov. 16. 10. A Divine sentence is in the lips of the King His mouth transgresseth not in judgement ergo he only can expone the Law Ans 1. Lavater saith and I see no reason on the contrary by a King he meaneth all Magistrates 2. Aben Ezra and Isidorus read the words imperatively The Tigurine version They are Oracles which proceed from his lips let not therefore his mouth transgresse in judgement Vatabulus When he is in his prophecies he lyeth not Iansenius Non facile errabit in judicando Mich. Iermine If he pray Calvine If he read in the booke of the Law as God commandeth him Deut. 17. But why stand we on the place He speaketh of good Kings saith Cornel. a Lapide Otherwise â—eroboam Achab Manasseh erred in judgement And except as Mercerus exponeth it We understand him to speake of Kings according to their office not their facts and practice we make them Popes and men who cannot give out grievous and unjust sentences on the Throne against both the Word and experience Object 2. Sometimes all is cast upon one mans voice why may not the King be this one man Answ The Antecedent is false the last Voter in a Senate is not the sole Iudge else why should others give suffrages with him 2. This were to take away inferiour Iudges contrary to Gods Word Deut. 1. 17. 2 Chron. 19. 6 7. Rom. 13. 1 2 3. QUEST XXVIII Whether or no Wars raised by the Subjects and Estates
where the King ought not to be as Abner was worthy of death who watched not carefully King Saul but slept when David came to his bed side and had opportunity to kill the King they are Traitors and murtherers of the King who either counselled his Majesty to come to Edge-hill where the danger was so grett or did not violently restraine him from comming thither seeing Kings safety and lives are as much yea more in the disposing of the people then in their owne private will 2 Sam. 18. 2 3. for certainly the people might have violently restrained King Saul from killing himselfe and the King was guilty of his own death and sinneth against his Office and subjects who commeth out in person to any such battles where he may be killed and the contrary party free of his blood And here our Prelate is blind if he see not the cleare difference between the Kings Person and the Office as he is King and between his private Will and his publicke and Royall Will 3. The Angels may be named Thrones and Dominions in abstracto and yet created in concreto and we may say the Angell and his power are both created at once but David was not both borne the Son of Iesse and a King at once and the P. Prelate by this may prove it is not lawfull to resist the Divell for he is of the number of these created Angells Col. 1. as he is a Divell because in resisting the Divell as a Divell we must resist an Angell of God and a Principality 4. To speake ill of dignities 2 Pet. 2. and Iud. 8. Piscator insinuateth is to speake evill of the very Office of Rulers as well as of their manners and Theodat saith on 2 Pet. 2. that these Raylers spake evill of the place of Governours and Masters as unbâ—seeming beleevers All our Interpreters as Beza Calvin Luther Bucer Marloratus from the place saith It is a speciall reproofe of Anabaptists and Libertines who in that time maintained that we are all free men in Christ and that there should not be Kings Masters nor any Magistrates however the abstract is put for the concrete its true and it saith we are not to raile upon Nero but to say Nero was a persecutor of Christians and yet obey him commanding what is just are very consistent 5. The persons are proposed Rom. 13. to be the object of our obedience saith D. Ferne it is very true but he is ignorant of our mind in exponing the word Person we never meant that feare honour royalty tribute must be due to the abstracted accident of Kingly Authority and not to the man who is King Nor is it our meaning that Royalty in abstracto is Crowned King and is anoynted but that the Person is crowned and anoynted But againe by a person we meane nothing lesse then the man Nero wasting Rome burning crucifying Paul and torturing Christians and that we owe subjection to Nero and to his person in concreto as to Gods ordinance Gods Minister Gods sword-bearer in that notion of a Person is that only that we deny Nay in that Nero in concreto to us is no Power ordained of God no Minister of God but a Minister of the Divell and Sathans armour-bearer and therefore we owe not feare honour subjection and tribute to the Person of Nero. But the Person thus far is the object of our obedience that feare honour subjection and tribute must be due to the man in concreto to his Person who is Prince but not because he is a man or a person simply or a sword bearer of Papists but for his office for that eminent place of royall dignity that God hath conferred on his Person We know the light of the Sun the heate of fire in abstracto doe not properly give light and heat but the Sun and fire in concreto yet the principium quo ratio qua the principles of these operations in Sun and fire be light heate and we ascribe illuminating of dark bodies heating of cold bodies to Sun and fire in concreto yet not to the subjects simply but to them as affected with such accidents so here we honour and submit to the man who is King not because he is a man that were treason not because he useth his sword against the Church that were impiety but because of his Royall Dignity and because he useth it for the Lord. It is true Arnisaeus Barclay Ferne say That Kings leave not off to be Kings when they use their power and sword against the Church and Religion And also it is considerable that when the worst of Emperors bloody Nero did raigne the Apostle presseth the duty of subjection to him as to a power appointed of God and condemneth the resisting of Nero as the resisting of an ordinance of God And certainely if the cause and reason in point of duty Morall and of conscience before God remaine in Kings to wit that while they are enemies and persecutors as Nero was their Royall Dignity given them of God remaineth then subjection upon that ground is lawfull and resistance unlawfull Ans It is true so long as Kings remaine Kings subjection is due to them because Kings but that is not the question But the question is if subjection be due to them when they use their power unlawfully and Tyrannically What ever David did though he was a King he did it not as King he deflowred not Bathsheba as King and Bathsheba might with bodily resistance and violence lawfully have resisted King David though Kingly Power remained in him while he should thus attempt to commit Adultery else David might have said to Bathshba Because I am the Lords Anoynted it is rebellion in thee a subject to oppose any bodily violence to my act of forcing of thee it is unlawfull to thee to cry for helpe for if any shall offer violently to rescue thee from me he resisteth the ordinance of God Subjection is due to Nero as an Emperour but not any subjection is due to him in the burning of Rome and torturing of Christians except you say that Nero's power abused in these acts of cruelty was 1. A power from God 2. An ordinance of God 3. That in these he was the Minister of God for the good of the Common-wealth Because some beleeved Christians were free from the yoake of Magistracy and that the dignity it selfe was unlawfull And 2. because ch 12. he had set downe the lawfull Church Rulers and in this and the following chapter the duties of brotherly love of one toward another So here ch 13. he teacheth that all Magistrates suppose Heathen are to be obeyed and submitted unto in all things so far as they are Ministers of God Arnisaeus objecteth to Buchan If we are by this place to subject our selves to every power in abstracto then also to a power contrary to the truth and to a power of a King exceeding the limits of a King for such a power
cannot help us Assert 3. By the place 1 Pet. 2. The servant unjustly buffeted is not to buffet his master again but to bear patiently as Christ did who when he was reviled did not revile again Not because the place condemneth resistance for self-defence but because buffeting again is formally re-offending not defending defending is properly a warding of a blow or stroak if my neighbour come to kill me and I can by no means save my life by flight I may defend my self and all Divines say I may rather kill ere I be killed because I am nearer by the law of nature and dearer to my self and my own life then to my brother but if I kill him out of malice or hatred the act of defending by the unlawfull manner of doing becometh an act of offending and murther whence the mind of the blood-shedder will vary the nature of the action from whence this corolarie doth naturally issue that the physicall action of taking away the life maketh not murther nor homicide and so the physical action of offending my neighbour is not murther Abraham may kill his son he for whom the cities of refuge were ordained and did kill his brother yet not hating him he was not by Gods law judged a murtherer And 2. It necessarily hence followeth that an act which is physically an act of offending my brother yea even to the taking away of his life is often morally and legally an act of lawfull self-defence an offending of another necessitated from the sole invention of self-defence is no more but an act of innocent self defence if David with his men had killed any of Sauls men in a set battel David and his men onely intending self defence the waren Davids part was meere defensive for physicall actions of killing indifferent of themselves yet imperated by a principle of naturall self-defence and clothed with this formall end of self-defence or according to the substance of the action the act is of self-defence If therefore one shall wound me deadly and I know it is my death after that to kill the killer of my selfe I being onely a private man must be no act of self-defence but of homicide because it cannot be imperated by a sinlesse dictate of a naturall conscience for this end of self-defence after I know I am killed Any mean not used for preventing death must be an act of revenge not of self-defence for it is physically unsutable for the intended end of self-defence And so for a servant buffeted to buffet againe is of the same nature the second buffet not being a conducible meane to ward the first buffet but a meane to procure heavier stroakes and possibly killing it cannot be an act of self defence for an act of self defence must be an act destinated ex naturarei onely for defence and if it be known to be an act of sole offending without any known necessary relation of a mean to self-defence as the end it cannot be properly an act of self-defence Assert 4. When the matter is lighter as in paying tribute or suffering a buffet of a rough master though un justly we are not to use any act of re-offending For though I be not absolute Lord of my owne goods and so may not at my sole pleasure give tribute and expend monies to the hurting of my children where I am not by Gods Law or Mans Law obliged to pay tribute and though I be not an absolute Lord of my members to expose face and cheeks and back to stripes and whips at my owne meere will yet have we a comparative dominion given to us of God in matters of goods and disposing of our members I think I may except the case of mutilation which is a little death for buffets because Christ no doubt to teach us the like would rather give of his goods and pay tribute where it is not due then that this scandall lay on the way of Christ that Christ was no loyall subject to lawfull Emperors and Kings And 1 Cor. 9. Paul would rather not take stipend though it was due to him then hinder the course of the Gospel And the like is 1 Cor. 6. where the Corinthians were rather to suffer losse in their goods then to goe to Law before Infidel Judges and by the like to prevent greater inconveniences and mutilation and death the Christian servant hath that dominion over his members rather to suffer buffets then to ward off buffets with violent resistance But it is no consequent that innocent subjects should suffer death of tyrants and servants be killed by masters and yet that they shall not be allowed by the law of nature to defend themselves by re-offending when onely self-defence is intended because we have not that dominion over life and death And therefore as a man is his brothers murtherer who with froward Cain will not be his brothers keeper and may preserve his brothers life without losse of his owne life when his brother is unjustly preserved so when he may preserve his owne life and doth not that which Natures Law alloweth him to doe rather to kill ere he be killed he is guilty of self-murther because he is deficient in the duty of lawfull self-defence But I grant to offend or kill is not of the nature of defensive warre but accidentall thereunto and yet killing of cut-throats sent forth by the illegal commandement of the King may be intended as a mean and a lawfull mean of self-defence 2. Of two ills of punishment we have a comparative dominion over our selves a man may cast his goods in the sea to redeeme his life So for to redeeme peace we may suffer buffets but because death is the greatest ill of punishment God hath not made it eligible to us when lawfull self defence is at hand But in defending our own life against Tyrannicall power though we do it by offending and killing we resist no ordinance of God onely I judge killing of the King in self-defence not lawfull because self-defence must be national on just causes Let here the reader judge Barcley l. 3. c. 8. pag. 159. con Monar If the King saith he shall vex the Common-wealth or one part thereof with great and intollerable cruelty what shall the people do they have saith he in that case a power to resist and defend themselves from injury but onely to defend themselves not to invade the Prince nor to resist the injury or to recede from reverence due to the Prince I answer 1. Let Barclay or the prelate if he may carry Barclayes books or any difference these two the people may resist a Tyrant but they may not resist the injuries inflicted by a Tyrants officers cut-throats I cannot imagine how to conciliate these two for to resist the cruelty of a King is but to hold off the injurie by resistance 2. If this Nero waste the Common-wealth unsufferably with his cruelty and remaine a lawful King to be honoured
Parliament 4. He dâ—clared both Kingdoms Rebels 5. Attempted in his Emissaries to destroy the Parliament 6. And to bring in a forraigne enemie And the Law saith An imminent danger which is a sufficient warrant to take up Armes is not strokes but either the terrour of Armour or threatning Glossator in d. l. 1. C. Vinde vi ait non esse verbera expectanda sed vel terrorem armorum sufficere vel minas hoc esse imminâ—ns periculum L. Sed si quemcunque in princ ff ad leg Aquil. l. 3. quod qui armati ff de vi vi armata is qui aggressorem C. adlegem C. adlegem Corneli In most hainous sinnes conatus the endeavour and aime etiamsi effectus non sequatur puniridebet is punishable Bartoln in l. Si quis non dicam rapere The King hath aimed at the destruction of his Subjects through the power of wicked counsellors and we are to consider not the intenton of the workes but the nature and intention of the work Papists are in armes their religion the Conspiracy of Trent their conscience if they have any their malice against the convenant of Scotland which abjureth their Religion to the full their ceremonies their Prelates lead and necessitate them to root out the name of Protestant Religion yea and to stab a King who is a Protestant Nor is our King remaining a Protestant and adhering to his oath made at his Coronation in both kingdomes Lord of his own person master of himself nor able as King to be a King over Protestant subjects if the Papists now in armes under his standard shall prevail The King hath been compelled to go against his own oath and the Lawes which he did swear to maintaine The Pope sendeth to his popish armies both dispensations bulls mandats incouragements The King hath made a cessation with the bloody Irish and hath put arms in the hands of Papists Now he being under the oath of God tied to maintain the Protestant Religion he hath a metaphysically subtle pearcing faith of miracles who beleeveth armed Papists and Prelates shall defend Protestants their Religion and these who have abjured Prelats as the lawful sons of the Pope that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and as the law saith Quilibet in dubio praesumitur bonus L. merito praesumi L. non omnes § à Barbaris de re milit Charity beleeveth not ill So Charity is not a foole to beleeve all things So saith the Law Semel malus semper praesumitur malus in eodem genere C. semel malus de jure gentium in 6. Once wicked is alwayes wicked in that kind Marius Salamonius I. C. in L. ut vim at que injuriam ff de just jure We are not to wait on strokes the terrour of armour omnium consensu by consent of all is sufficient n. 3. If I see saith he the enemy take an arrow out of the Quiver before he bend the bow it is lawfull to prevent him with a blow cunctatio est periculosa The Kings comming with armed men to demand the Five Members into the House of Commons is very symbolicall and Warre was printed on that fact he that runneth may reade His comming to Hull with an Armie saith not he had no errand there but aske what it was in the clock See Novellus that learned Venetian Lawyer in a Treatise for defence he maketh continuatam rixam a continued upbraiding a sufficient ground of violent defence He citeth Doctores Comniter in L. ut vim ff de just jure Yea he saith Drunkennesse defens n. 44. Error n. 46. Madnesse n. 49 50. Ignorance n. 51. 52. Impudence n. 54. Necessity n. 56. Lasciviousnesse 58. Continuall reproaches 59. The fervour of anger 64. Threatning 66. Feare of imminent danger 67. Iust grief doe excuse a man from homicide and that in these he ought to be more mildly punished Quia obnubilatum mancum est consilium Reason in these being lame and clogged Ambros l. 1. offic Quinon repellit injuriam à socio cum potest tam est in vitio quam ille qui facit And as Nature so the Law saith When the losses are such as can never be repaired as Death Mutilation lesse of Chastity Quoniam facta infecta fieri nequeunt things of that kinde once done can never be undone we are to prevent the enemy l. Zonat. tract defens par 3. l. in bello § factae de capit notat Gloss in l. si quis provocatione If the King send an Irish Rebell to cast me over a bridge and drowne me in a water I am not to do nothing while the Kings emissary first cast me over and then in the next room I am to defend my self but nature and the law of self-defence warranteth me if I know certainly his ayme to horse him first over the bridge and then consult how to defend my selfe at my own leasure Royalists object that David in his defence never invaded and persecuted Saul yea when he came upon Saul and his men sleeping hee would not kill any but the Scottish and Parliaments Forces not onely defend but invade offend kill and plunder and this is cleerely an offensive not a defensive warre Answ There is no defensive warre different in spece and nature from an offensive warre if we speake physically they differ onely in the event and intention of the heart and it is most cleare that the affection and intention doth make one and the same action of taking away the life either homicide or no homicide If a man out of hatred deliberately take away his brothers life he is a murtherer eatenus but if that same man had taken away that same brothers life by the flying off of an Axe head off the staffe while he was hewing timber he neither hating him before nor intending to hurt his brother he is no murtherer by Gods expresse Law Deut. 4. 42. Deut. 19 4. Ioshua 20. 5. 2. The cause betweene the King and the two Parliaments and betweene Saul and David are so different in this as it is much for us Royalists say David might if he had seene offending to conduce for selfe-preservation have invaded Sauls men and say they the case was extraordinary and bindeth not us to selfe-defence and thus they must say for offensive weapons such as Goliahs sword and an hoast of armed men cannot by any rationall men be assumed and David had the wisdome of God but to offend if providence should so dispose and so what was lawfull to David is lawfull to us in self-defence he might offend lawfully and so may we 2. If Saul and the Philistims ayming as under an oath to set up Dagon in the land of Israel should invade David and the Princes and Elders of Israel who made him King and if David with an hoast of armed men he and the Princes of Israel should come in that case upon Saul and the Philistims sleeping if in that case David might not lawfully
it would create more enemies not help his Cause 3. To David to kill Saul sleeping and the people who out of a mis-informed conscience came out many of them to help their lawfull Prince against a Traitor as was supposed seeking to kill their King and to usurp the throne had not been wisdome nor justice because to kill the enemie in a just self-defence must be when the enemie actually doth invade and the life of the defendant cannot be otherwise saved A sleeping enemie is not in the act of unjust pursuit of the innocent but if an Armie of Papists Philistims were in the fields sleeping pursuing not one single David onely for a supposed personall wrong to the King but lying in the fields and campe against the whole Kingdome and Religion labouring to introduce arbitary Government Popery Idolatry and to destroy Lawes and Liberties and Parliaments then David were obliged to kill these murtherers in their sleep If any say The case is all one in a naturall self-defence what ever be the cause and who ever be the enemy because the self-defender is not to offend except the unjust Invader be in actuall pursuit now Armies in their sleep are not in actuall pursuit Answ When one man with a multitude invadeth one man that one man may pursue as he seeth most conducible for self-defence Now the Law saith Threatnings and terror of Armour maketh imminent danger and the case of pursuit in self-defence lawfull if therefore an Armie of Irish Rebels and Spanyards were sleeping in their Camp and our King in a deep sleep in the midst of them and these Rebels actually in the Camp besieging the Parliament and the Citie of London most unjustly to take away Parliament Laws and Liberties of Religion it should follow that Generall Essex ought not to kill the Kings Majesty in his sleep for he is the Lords Anointed but 1. will it follow that Generall Essex may not kill the Irish Rebels sleeping about the King and that he may not rescue the Kings Person out of the hands of the Papists and Rebels ensnaring the King and leading him on to Popery and to employ his Authority to defend Popery and trample upon Protestant Parliaments and Lawes Certainly from this example this cannot be concluded For Armies in actuall pursuit of a whole Parliament Kingdome Lawes and Religion though sleeping in the Camp because in actuall pursuit may be invaded and killed though sleeping And David useth no argument from conscience why hee might not kill Sauls Armie I conceive he had not Armes to doe that and should have created more enemies to himselfe and hazard his owne life and the life of all his men if he had of purpose killed so many sleeping men yea the inexpedience of that for a private wrong to kill Gods mis-led people should have made all Israel enemies to David But David useth an Argument from Conscience onely to prove it was not lawfull for him to stretch forth his hand against the King and for my part so long as he remaineth King and is not dethroned by those who made him King at Hebron to put hands on his person I judge utterly unlawfull one man sleeping cannot be in actuall pursuit of another man so that the self-defender may lawfully kill him in his sleep but the case is farre otherwise in lawfull wars the Israelites might lawfully kill the Philistims encamping about Jerusalem to destroy it and Religion and the Church of God though they were all sleeping even though we suppose King Saul had brought them in by his Authority though he were sleeping in the midst of the uncircumcised Armies and it is evident that an hoast of armed enemies though sleeping by the law of self-defence may be killed left they awake and kill us whereas one single man and that a King cannot be killed 2. I think certainly David had not done unwisely but hazarded his owne life and all his mens if he and Ahimelâ—ch and Abishai should have killed an host of their enemies sleeping that had been a work as impossible to three so hazard some to all his men D. Ferne as Arnisaeus did before him saith The example of David was extraordinary because he was anointed and designed by God as successor to Saul and so he must use an extraordinary way of guarding himselfe Arnisaeus citeth Alberic Gentilis that David was now exempted from amongst the number of Subjects Answ There were not two Kings in Israel now both David and Saul 2. David acknowledgeth his subjection in naming Saul the Lords Anointed his Master Lord King and therefore David was yet a subject 3. If David would have proved his title to the Crowne by extraordinary wayes he who killed Goliah extraordinarily might have killed Saul by a miracle but David goeth a most ordinary way to work for self-defence and his comming to the Kingdom was through persecution want eating shew-bread in case of necessity defending himself with Goliahs sword 4. How was any thing extraordinary and above a Law seeing David might have killed his enemie Saul and according to Gods Law he spared him and hee argueth from a morall duty he is the Lords annoynted therefore I will not kill him was this extraoardinary above a law then according to Gods law he might have killed him Royalists cannot say so what ground to say one of Davids acts in his deportment toward Saul was extraordinary and not all was it extraordinary that David flâ—d no or that David consulted the oracle of God what to do when Saul was coming against him 5. in an ordinary fact something may be extraordinary as the dead sleep from the Lord upon Saul and his men 1. Sam. 26. and yet the fact according to its substance ordinary 6. Nor is this extraordinary that a distressed man being an excellent warriour as David was may use the help of six hundred men who by the law of charity are to help to deliver the innocent from death yea all Israel were obliged to defend him who killed Goliah 7. Royalists make Davids act of not putting hands on the Lords annointed an ordinary morall reason against resistance but his putting on of armour they will have extraordinary and this is I confesse a short way to an adversary to cull out something that is for his cause and make it ordinary and something that is against his cause must be extraordinary 8. These men by the law of nature were obliged to joyne in armes with David ergo the non-helping of an oppressed man must be Gods ordinary law a blasphemous tenet 9. If David by an extraordinary spirit killed not King Saul then the Jesuits way of killing must be Gods ordinary Law 2. David certainly intended to keep Keilah against King Saul for the Lord would not have answered David in an unlawfull fact for that were all one as if God should teach David how to play the Traitor to his King for if God had answered They will not deliver
thee up but they shall save thee from the hand of Saul As David beleeved he might say this as well as its contradicent then David behoved to keep the city for certainly Davids question pre-supposeth he was to keep the city The example of Elisha the Prophet is considerable 2 Kings 6. 32. But Elisha sate in his house and the Elders with him And the King sent a man before him but ere the messengers came to him he said to the Elders See now the sonne of a murtherer hath sent to take away mine head Here is unjust violence offered by King Ioram to an innocent man Elisha keepeth the house violently against the Kings Messenger as we did keep Castles against King Charles his unlawfull messengers Look saith he when the messenger commeth shut the doore 2. There is violence also commanded and resistence to be made Hold him fast at the doore In the Hebrew it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montan. Claudite â—stium opprimetis eum in ostio Violently presse him at the doore And so the Chaldee Paraphrase Ierom. Ne sinatis eum introire The LXX Interpreters 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 illidite eum in ostio Presse him betwixt the doore and the wall It is a word of bodily violence according to Vatablus Yea Theodoret will have King Ioram himselfe holden at the doore And 3. It is no Answer that D. Ferne and other Royalists give that Elisha made no personall resistance to the King himselfe but onely to the Kings cut-throat sent to take away his head Yea they say It is lawfull to resist the Kings cut-throats But the text is cleere that the violent resistance is made to the King himselfe also for he addeth Is not the sound of his Masters feet behinde him And by this answer it is lawfull to keep Townes with iron gates and barres and violently to oppose the Kings cut-throats comming to take away the heads of the Parliaments of both Kingdomes and of Protestants in the three Kingdomes Some Royalists are so impudent as to say that there was no violence here and that Elisha was an extraordinary man and that it is not lawfull for us to call a King the son of a murtherer as the Prophet Elisha did but Ferne sect 2. pag. 9. forgetting himselfe saith from hence It is lawfull to resist the Prince himselfe thus farre as to ward his blowes and hold his hands But let Ferne answer if the violent binding of the Princes hands that he shall not be able to kill be a greater violence done to his Royall person then Davids cutting off the lap of Sauls garment for certainly the Royall body of a Prince is of more worth then his cloathes Now it was a sinne I judge that smote Davids conscience that he being a subject and not in the act of naturall self-defence did cut the garment of the Lords Annointed Let Ferne see then how he will save his owne principles for certainly hee yeeldeth the cause for me I judge that the person of the King or any Judge who is the Lords Deputy as is the King is sacred and that remaining in that honourable case no subject can without guiltinesse before God put hands in his person the case of naturall self-defence being excepted for because the Royall dignity doth not advance a King above the common condition of men and the Throne maketh him not leave off to bee a man and a man that can do wrong and therefore as one that doth manifest violence to the life of a man though his subject he may be resisted with bodily resistance in the case of unjust and violent invasion It is a vaine thing to say Who shall be judge betweene the King and his subjects The subject cannot judge the King because none can be judge in his owne cause and an inferiour or equall cannot judge a superiour or equall But I answer 1. This is the Kings owne cause also and he doth unjust violence as a man and not as a King and so he cannot be judge more then the subject 2. Every one that doth unjust violence as he is such is inferiour to the innocent and so ought to be judged by some 3. There is no need of the formality of a judge in things evident to natures eye such as are manifestly unjust violences Nature in acts naturall of self-defence is judge party accuser witnesse and all for it is supposed the Judge is absent when the Judge doth wrong And for the plea of Elisha's extraordinary spirit it is no thing extraordinary to the Prophet to call the King the sonne of a murtherer when hee complaineth to the Elders for justice of his oppression no more then it is for a plaintiffe to libell a true crime against a wicked person and if Elisha's resistance came from an extraordinary spirit then it is not naturall for an oppressed man to close the doore upon a murtherer then the taking away of the innocent Prophets head must be extraordinary for this was but an ordinary and most naturall remedy against this oppression and though to name the King the sonne of a murtherer be extraordinary and I should grant it without any hurt to this cause it followeth no wayes that the self-defence was extraordinary 3. 2. Chron. 26. 17. Foure score of Priests with Azariah are commended as valiant men LXX 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montan filii virtutis Men of courage and valour for that they resisted Vzziah the King who would take on him to burne Incense to the Lord against the Law M. Symmons pag. 34. sect 10. They withstood him not with swords and weapons but onely by speaking and one but spake I answer It was a bodily resistance for beside that Ierome turneth it Viri fortissimi Most valiant men And it is a speech in the Scripture taken for men valorous for warre As 1 Sam. 14. 25. 2 Sam. 17. 10. 1 Chron. 5. 18. And so doth the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potent in valour And the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Sam. 24. 9. 2 Sam. 11. 16. 1 Sam. 31. 12. and therefore all the 80. not onely by words but violently expelled the King out of the Temple 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Mont. â—sâ—â—tâ—runt contra Huzzi-Iahu the LXX say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They resisted the King so Dan. 11. 17. The armies of the south shall not stand Dan. 8. 25. It is a word of violence 3. The text saith ver 20. and they thrust him out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ar. Mont. fecerunt eum festinare Hyerony festinatò expulerunt eum The LXX say The Priest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Vatablus they cast him out And 4. it is said ver 21. he was cut off from the house of the Lord. Doctor Ferne saith sect 4. pag. 50. They are valiant men who dare withstand a King in an evil way by a home reproofe and by withdrawing the
holy things from him especially since by the law the leper was to be put out of the congregation Ans 1. He contradicteth the text it was not a resistance by words for the text saith they withstood him and they thrust him out violently 2. He yeeldeth the cause for to withdraw the holy things of God by corporall violence and violently to pull the censer out of his hand that he should not provoke Gods wrath by offering incense to the Lord is resistance and the like violence may by this example be used when the King useth the sword and the Militia to bring in an enemy to destroy the kingdom it is no lesse injustice against the second table that the King useth the sword to destroy the innocent then to usurpe the câ—nsor against the first table But Doctor Ferne yeeldeth that the censor may be pulled out of his hand lest he provoke God to wrath Ergo by the same very reason a fortiore the Sword the Castles the Sea-ports the Militia may be violently pulled out of his hand for if there was an expresse Law that the leper should be put out of the congregation and therefore the King also should be subject to his Church-censor then he subjecteth the King to a punishment to be inflicted by the subjects upon the King Ergo the King is obnoxious to the coactive power of the law 2. Ergo subjects may judge him and punish him 3. Ergo he is to be subject to all Church-censors no lesse then the people 4. There is an expresse law that the leper should be put out of the congregation What then flattering court Divines say the King is above all these lawes for there is an expresse law of God as expresse as that ceremoniall on touching lepers and a more binding law that the murtherer should die the death Will Royalists put no exception upon a ceremoniall law of expelling the leper and yet put an exception upon a Divine morall law concerning the punishing of murtherers given before the law on Mount Sinai Gen. 6. 9. They so declare that they accept the persons of men 5. If a leper King could not actually sit upon the throne but must be cut off from the house of the Lord because of an expresse law of God these being inconsistent that a King remaining amongst Gods people ruling and raigning should keep company with the Church of God and yet be a leper who was to be cut off by a Divine law from the Church now I perswade my self that far lesse can he actually raigne in the full use of the power of the sword if he use the sword to cut off thousands of innocent people because murthering the innocent and fatherles and Royall governing in Righteousnesse and Godlinesse are more inconsistent by Gods law being morally opposite then remaining a governour of the people and the disease of leprosie are incompatible 6. I think not much that Barcley saith cont Monar l 5. c. 11. Vzziah remained King after he was removed from the congregation for leprosie 1. Because that toucheth the question of dethroning Kings this is an argument brought for violent resisting of Kings and that the people did resume all power from Vzziah and put it in the hand of Iotham his son who was over the Kings house judging the people of the land ver 21. And by this same reason the Parliaments of both Kingdomes may resume the power once given to the King when he hath proved more unfit to governe morally then Vzziah was ceremonially that he ought not to judge the people of the land in this case 2. If the priests did execute a ceremoniall law upon King Vzziah Far more may the three estates of Scotland and the two houses of Parliament of England execute the morall law of God on their King If the people may covenant by oath to rescue the innocent and unjustly condemned from the sentence of death notoriously known be to tyranous and cruel then may the people resist the King in his unlawfull practises But this the people did in the matter of Ionathan M. Symmons saith pag. 32. and Doctor Ferne § 9. 49. That with no violence but by prayers and teares the people saved Jonathan as Peter was rescued out of prison by the prayers of the Church King Saul might easily be intreated to break a rash vow to save the life of his eldest son Ans 1. I say not the common people did it but the people including proceres regni the Princes of the land and captaines of thousands 2. The text hath not one word or syllable of either prayers supplications or teares but by the contrary They bound themselves by an oath contrary to the oath of Saul 1 Sam. 14. 44. and swear ver 45. God forbid as the Lord liveth there shal not one hair of his head fall to the ground so the people rescued Ionathan The Church prayed not to God for Peters deliverance with an oath that they must have Peter saved whether God will or no. 2. Though we read of no violence used by the people yet an oath upon so reasonable a ground 1. without the Kings consent 2. contrary to a standing law that they had agreed unto ver 24. 3. contradictory to the Kings sentence and unjust oath 4. spoken to the King in his face all these prove that the people meaned and that the oath ex conditione operis tended to a violent resisting of the King in a manifestly unjust sentence Chrysostom hom 14. ad Pop. Antioch accuseth Saul as a murtherer in this sentence and praiseth the people So Iunius Peter Martyr whom Royalists impudently cite so Cor. à lap Zanch. Lyra and Hug. Cardinalis say it was Tyranny in Saul and laudable that the people resisted Saul and the same is asserted by Iosephus l. 6. antiquit c. 7. so Althus Polyt c. 38. n. 109. We see also 2 Chron. 21. 10. That Libnah revolted from under Iehoram because he had forsaken the Lord God of his fathers It hath no ground in the text that Royalists say that the defection of Lybnah is not justified in the text but the cause is from the demerit of wicked Iehoram because he made defection from God Libnah made defection from him as the ten tribes revolted from Rehoboam for Solomons idolatry which before the Lord procured this defection yet the ten tribes make defection for oppression I answer where the literall meaning is simple and obvious we are not to go from it The text sheweth what cause moved Libnah to revolt it was a town of the Levites and we know they were longer sound in the truth then the ten tribes 2. Chron. 13. 8 9 10. Hos 11. 12. Lavater saith Iehoram hath pressed them to idolatry and therefore they revolted Zanch. Cor. à Lap. saith this was the cause that moved them to revolt and it is cleare ver 13. he caused Judah and the inhabitants of Jerusalem to go a whoring from God and no doubt tempted
Parliaments and Estates of two Kingdomes Here what P. P. saith to the contrary 1. They are called eminent powers Ergo Kings only Answ It followeth not for these can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 2. 2. But these are not Kings but in the Text contradivided from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings and they can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Principalities and powers 2. The reason of the Apostle proveth clearely that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cannot meane Kings onely for Paul addeth of that same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For there is no power but of God It must be there is no supereminent Royall power but it is of God and the powers Royall onely so he must meane that are are ordained of God Now this latter is manifestly false for inferiour powers are of God The power of the Roman Senate of a Master of a Father are of God P. Prelate Peter must expound Paul and Pauls higher powers must be 1 Pet. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 More reason that Paul expound Paul Now 1 Tim. 2. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All in authority are not Kings P. Prelate Are of God or ordained of God cannot so properly be understood of subordinate powers for that is not by immediate derivation from God but immediately from the higher power the King and mediately from God Answ It is most false that King David is so immediatly a King from God as that he is not also by the mediation of the people who made him King at Hebron 2. The inferiour Magistrates are also immediate vicars and ministers of God as the King for their throne and judgement is not the Kings but the Lords Deut. 1. 16. 2 Chron. 19. 6. 3. Though they were mediatly from man it followeth not that they are not so properly from God for Wisdome Prov. 8. saith as properly ver 16. By me Princes rule and Nobles even all the Iudges of the earth as ver 15. By me Kings reigne and promotion is as properly from God and not from the East and the West Psal 75. 6 7. Though God promote Ioseph by the thanâ—full munificence of Pharaoh and Mordecai by Ahasuerus Daniel by Darius as if he gave them power and honour immediately from Heaven Prelat Learned Interpreters expound it so Answ It is an untruth for none expound it onely and principally of Kings Produce one Interpreter for that conceit Prelat Paul wrote this when Nero was Monarch Answ Then must the Text be expounded of Nero only 2. He wrote this when Nero played the Tyrant and persecuted Christians Ergo We are not to disobey Nero's now 3. He wrote it when the Senate of Rome had power to declare Nero an enemy not a Father as they did P. Prelat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be referred to the Antecedent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and this There is no power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but of God must undeniably inferre there is no supreme power but of God and so Soveraignty relates to God as his immediate author so Sectaries reason Gal. 2. 16. Not justified by works 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but by saith onely Then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be a perfect exclusive else their strong hold for Iustification is overthrowne Answ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hath a neerer Antecedent which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is alone without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And this Grammer is not so good as Beza's which hee rejected 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will referre to God alone as the onely cause In genere causae primae God alone giveth raine but not for that immediatly but by the mediation of vapours and clouds God alone killeth and maketh alive Deut. 32. 39. That is excluding all strange gods but not immediatly for by his peoples fighting he slew Og King of Bashan and cast out seven Nations yet they used bow and sword as it is in the bookâ— of Ioshua and therefore God killed not Og immediatly God hath an infinite eminent transeendent way of working so that in his kinde he onely worketh his alone Deus solus operatur solitudine primae causae non solus solitudine omnis causae God onely giveth learning and wisdome yet not immediatly alwayes often he doth it by teaching and industry God onely maketh rich yet the Prelates make themselves rich also with the fat of the flock and God onely maketh poore yet the P. Prelates Courts mediately also under God made many men poore 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not such an exclusive Particle when we ascribe it to God as when we ascribe it to two created causes workes and faith and the Protestants forme of arguing Gal. 2. to prove we are justified by faith he calleth our strong hold Ergo It is not his strong hold In this point then hee must be a Papist and so he refuses to owne Protestant strong holds for justification by faith alone D. Ferne sect 2. pag. 10. As many as have soules must be subject to the higher powers spoken of here but all inferiour Iudges have soules Answ If the word soules be thus pressed none shall be understood by higher powers but the King onely 2. Certainly he that commandeth as he commandeth must be excepted except because the King hath a soule you must subject the King to himself and to his owne commandements Royall and so to penall Lawes 3. Inferiour Judges as Judges by this text must either be subject to themselves as Judges and by the same reason the King must be subject to himselfe as he is a Judge Or Judges as men or as erring men are to be subject which I would grant but they are not subject as Judges no more then one as he commandeth can also obey as he commandeth These are contradictory I am not put off that opinion since I was at Schools Species subjicibilis qua subjicibilis non est praedicabilis 4. If Nero make fathers rulers over their mothers and children and command them by his publique sword of justice to kill their owne children and mothers if a Senate of such fathers disobey and if with the sword they deâ—end their own children and mothers which some other Doegs as Judges are to kill in the name and commandement of Nero Then they resisting Neroes bastard-commandment by this doctrine resist the ordinance of God and resist the Minister of God I have not a faith stretcht out so farre to the Prelates Court-divinity Yet Ferne saith there was never more cause to resist higher powers for their wicked Nero was Emperour when he now forbideth resistance Rom. 13. under the paine of damnation I desire to be informed whether to resist the Kings servants be to resist the King Doctor Forne p. 3. § 2. p. 10. and par 3. § 9. p. 59. allow us in unavoidable assaults where death is imminent personall defence without offending as lawfull whether the King or his emissaries invade without law or reason Well then the resisting then of
Government over the then Emperors that of Subjects had made them Lords might not resist their Emperours much lesse can the people of England have power of resistance against the succession of this Crowne descending from the Conqueror who by force of Armes but in justice conquered the Kingdom Answ 1. Though the Roman Emperours were absolute of which I much doubt and though the Senate had made them absolute I deny that therefore they cannot be resisted The unlawfull resistance condemned by Paul Rom. 13. is not upon the ground of Absolutenesse which is in the Court of God nothing being never ordained of God but upon reasons of conscience bâ—cause the powers are of God and ordained of God But some may say Volenti non fit injuria If a people totally resigne their power and swear non-resistance to a Conqueror by compact they cannot resist I answer neither doth this follow because it is an unlawfull compact and none is obliged to what is unlawfull For 1. it is no more lawfull for me to resigne to another my power of naturall self-defence then I can resigne my power to defend the innocent drawne to â—eath and the wives children and posterity that God hath tyed me unto 2. The people can no more resigne power of self-defence which Nature hath given them then they can be guilty of self-murther and be wanting in the lawfull defence of Kingdome and Religion 3. Though you make one their King with absolutenesse of power yet when he use that transcendent power not for the safety but for the destruction of the State it is knowne they could not resigne to another that power which neither God nor nature gave them to wit a power to destroy themselves 2. I much doubt if the Roman Emperour was absolute when Paul wrote this Iustinian saith so Digest l. 2. tit 2. but he is partiall in this cause Bodine de repub l. 2. c. 5. pag. 221. proveth that the Roman Emperours were but Princes of the Common-wealth and that the Soveraignty remained still in the Senate and people Marius Salamon writeth sixe Books De Principatu on the contrary How could they make theâ—r Emperours absolute Livie saith The name of a King was contrary to a Senate liberty Florus Nomen Regis invidiosum They instituted a yearly Feast February 23. called Regifugium Ciccro as Augustine observeth Regem Romae post haec nec Dii nec homines esse patiantur The Emperours might doe something de facto but Lex Regia was not before Vespasians time Augustus took on him to be Tribune of the people from ten yeares to tâ—n Suetonius and Tacitus say The succeeding Kings encroached by degrees upon the peoples liberty For speedier execution of Law the Kings in time of Warre were forced to doe many things without the Senate and after the reigne of Emperours though there were no Plebescita yet there were Senatusconsulta and one great one is that the Senate declard Nero to be an enemie to the State It is thought Iulius Caesar in the warre against Pompey subdued the Romans and the Senate and they were subdued againe in the battaile of Octavius against Cassius and Brutus But Tacitus saith that was de facto not de jure Anal. l. 1. s 2. Rome ruere in servitium Consules Patres Eques Caligula intended to assume Diadema the Ensigne of a King but his friends disswaded him 3. England is obliged to D. Ferne who maketh them a subdued Nation The contrary of which is known to the world Obj. M. Simmons Loyall Subj Beliefe sect 6. pag. 19. God is not honoured by being resisted no more is the King Answ I deny the consequence Those who resist the Kings personall will and will not suffer him to ruine his Crowne and posterity in following Papists against his Oath at the Coronation do honour him and his Throne and Race as a King though for the time they displease him 2. Vzziah was not dishonoured in that he was resisted 3. Nor doe we honour the King when we flee from him and his Law Yet that resistance is lawfull according to the way of Royalists and in truth also Object 12. Supreme power is not to be resisted by subordinate powers because they are inferiour to the supreme Answ The bloody Irish Rebels then being inferiour to the Parliament cannot resist the Parliament 2. Inferiour Judges as Judges are immediately subordinate to God as the King and must be guilty of blood before God if they use nor the sword against bloody Cavalliers and Irish cut-throats except you say inferiour Judges are not obliged to execute judgement but at the Kings commandment Object As the Irish Rebels are armed with the Kings power they are superiour to the Parliament Answ So an Armie of Turks and Spaniards armed with the Kings power and comming against the two Kingdomes at the Kings commandement though they be but Lictors in a lawlâ—sse cause are superiour to the highest Courts of Parliament in the two Kingdomes But the King and the Law gave power to the Parliament first to resist Rebels now he giveth power to Rebels to resist the Parliament here must be contradictory wils and contradictory powers in the King Which of them is the Kings will and his power the former is legall and Parliamentary Then because Law is not contrary to Law the latter cannot be legall also nor can it be from God and to resist it then is not to resist God Object 13. If resistance bee restrained to legall commandements What shall we say to these arguments that Paul forbiddeth resistance under these tyrannous governours and that from the end of their government which is for good and which their subjects did in some sort enjoy under them Answ 1. This proveth nothing but that we are to cooperate with these governours though tyrannous by subjecting to their Laws so farre as they come up to this end the morall good and peace of their government but Paul no where commandeth absolute subjection to tyrannous governours in tyrannous acts which is still the question Object 14. Hee that hath the supreme trust next to God should have the greatest security to his person and power but if resistance be lawfull he hath a poore security Answ He that hath the greatest trust should have the greatest security to his person and power in the keeping his power and using it according to his trust for its owne native end for justice peace and godlinesse God alloweth security to no man nor that his Angelâ— shall guard them but onely when they are in their wayes and the service of God else There is no peace to the wicked 2. It is denyed that one man having the greatest trust should have the greatest security the Church and people of God for whose safety he hath the trust as a meanes for the end should have a greater security the City ought to have greater security then the watchers the Armie then the leaders The good Shepherd giveth his life for his
Kingdoms move in these wars by the Kings Lawes and are a formall politique body in themselves Obj. 2. The ground of the present wars against the King saith D. Ferne sect 4. pag. 13. is false to wit that the Parliament is coordinate with the King but so the King shall not be supreme the Parliaments consent is required to an act of supremacie but not to a denyall of that act And there can no more saith Arnisaeus de jure majestatis c. 3. in quo consistat essen majest c. 3. n. 1. and c. 2. anjur majest separ c. n. 2. be two equall and coordinate supreme powers then there can be two supreme Gods and multitudo deorum est nullitas deorum many gods infer no gods Ans 1. If we consider the fountaine-power the King is subordinate to the Parliament and not coordinate for the constituent is above that which is constituted If we regard the derived and executive power in Parliamentarie acts they make but a totall and compleat soveraigne power yet so as the soveraigne power of the Parliament being habitually and underived a prime and fountaine power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie acts as is cleare in that the Parliament make Kings 2. Make Lawes raise Armies when either the King is minor captived tyrannous or dead but Royall power Parliamentarie without the Parliament is null because it is essentially but a part of the Parliament and can work nothing separated from the Parliament no more then a hand cut off from the body can write and so here we see two supremes coordinate Amongst infinite things there cannot be two because it involveth a contradiction that an infinite thing can be created for then should it be finite but a royall power is essentially a derived and created power and supreme secundum quid onely in relation to single men but not in relation to the Communitie it is alwayes a creature of the communitie with leave of the Royalist 2. It is false that to an act of Parliamentarie supremacie the consent of the King is required for it is repugnant that there can be any Parliamentarie judiciall act without the Parliament but there may be without the King 3. More false it is that the King hath a negative voice in Parliament then he shall be sole Judge and the Parliament the Kings Creator and Constituent shall be a cypher Obj. 3. Arnesaeus de jur Maj. de potest armorum c. 5. n. 4. The People is mad and furious therefore supreme Majestie cannot be secured and Rebels suppressed and publike Peace kept if the power of Armour be not in the Kings hand only Answ To denude the people of Armour because they may abuse the Prince is to expose them to violence and oppression unjustly for one King may easilier abuse armour then all the people one man may more easily fail then a Community 2. The safety of the people is far to be preferred before the safety of one man though he were two Emperours one in the East another in the West because the Emperour is ordained of God for the good and safety of the people 1 Tim. 2. 2. 3. There can be no inferiour Judges to bear the sword as God requireth Rom. 13 4. Deut. 1. 15 16. 2 Chron. 19. 6 7. and the King must be sole Judge if he onely have the sword and all armour monopolized to himselfe Obj. 4. The causes of Warre saith M. Simmons sect 4. pag. 9. should not be made knowne to the Subjects who are to look more to the lawfull call to Warre from the Prince then to the cause of the War Answ The Parliament and all the Judges and Nobles are Subjects to Royalists if they should make war and shed blood upon blind obedience to the King not inquiring either in causes of Law or fact they must resigne their consciences to the King 2. The King cannot make unlawfull warre to be lawfull by any authority Royall except he could raze out the sixt Commandement therefore Subjects must look more to the causes of Warre then to the authority of the King and this were a faire way to make Parliaments of both Kingdomes â—et up Popery by the sword and root out the Refâ—rmed Religion upon the Kings Authority as the lawfull call to warre not looking to the causes of warre QUEST XXXVII Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them and killing them and â—ndevouring the establishment of Poperie though the King of Scotland should inhibit them MArianus saith one is obliged to help his brother non vinculâ— essicace not with any efficacious band because in these saith he non est actio aâ—t poena one may not have action of law against his brother who refuseth to help him yet saith he as man he is obliged to man nexu civilis societatis by the bond of humane society Others say one nation may indirectly defend a neighbour nation against a common enemie because it is a self-defence and it is presumed that a forraigne enemie having overcome the neighbour nation shall invade that nation it selfe who denyeth help and succour to the neighbour nation this is a self-opinion and to me it looketh not like the spiritâ—all Law of God 3. Some say it is lawfull but not alwayes expedient in which opinion there is this much truth that if the neighbor nation have an evil cause neque licet neque expedit it is neither lawfull nor expedient But what is lawful in the case of necessity so extreame as is the losse of a brothers life or of a nation must be expedient because necessity of non-sinning maketh any lawfull thing expedient As to help my brother in fire or water requiring my present and speedy help though to the losse of my goods must be as expedient as a negative commandement Thou shalt not murther 4. Others think it lawfull in the case that my brother seek my help only other wayes I have no calling thereunto to which opinion I cannot universally subscribe it is holden both by reason and the soundest divines that to rebuke my brother of sinne is actus misericordiae charitatis an act of mercy and charity to his soul yet I hold I am obliged to rebuke him by Gods law Levit. 19. 17. otherwise I hate him 1 Thes 5. 14. Col. 4. 17. Math. 18. 15. Nor can I think in reason that my duty of love to my brother doth not oblige me but upon dependency on his free consent but as I am to help my neighbours oxe out of a ditch though my neighbour know not and so I have onely his implicit and virtuall consent so is the case here I go not farther in this case of conscience if a neighbour nation be jealous of our help and in an hostile
9. The States punished Archidanius because he married a wife of a low stature Plutarch in Ages in pris The ancient Burgundions thought it cause enough to expell their King if matters went not well in the State Marcel l. 27. The Goths in Spain gave no other cause of expelling their King nisi quod sibi displiceret because he displeased them Aimon l. 2. c. 20. l. 4. c. 35. Ans All these are not to be excused in people but neither every abuse of power in a King exautorateth a King nor every abuse in people can make null their power Arnisaeus maketh three kinds of oathes the first is when the King sweareth to defend true Religion and the Pope and he denyeth that this is an oath of fidelitie or by paction or covenant made to the Pope or Clergie he saith it is onely on oath of protection nor doth the King receive the Crown from the Pope or Clergie Answ 1. Arnisaeus divideth oathes that are to be conjoyned we read not that Kings sweare to defend Religion in one oath and to administrate judgement and justice in another for David made not two Covenants but onely one with all Israel 2. The King was not King while he did swear this oath and therefore it must be a pactionall oath between him and the Kingdom and it is true the King receiveth not a Crown from the Church yet David received a Crowne from the Church for this end to feed the Lords people and so conditionally Papir Masse l. 3. Chron. Gal. saith The king was not king before the oath 2. That he did sweare to be a keeper not onely of the first but also of the second Table of the Law Ego N. Dei gratia mox futur as rex Francorum in die ordinationis meae coram Deo sanctis ejus polliceor quod servabo privilegia canonica justitiamque jus unicuique Praelato debitum vosque defendam Deo juvante quantum potero quemadmodum Rex ex officio in suo regno defendere debet unumquemque Episcopum ac Ecclesiam administrabo populo justitiam leges uti jus postulat And so is it ordained in the Councel of Tolet 6. c. 6. Quisquis deinceps regni sortitus fuerit apicem non ante conscendat Regiam sedem quam inter reliquas conditiones sacramento policitus fuerit quod non sinet in regno suo degere â—um qui non sit Catholicus All these by Scripture are oathes of Covenant Deut. 17. ver 17 18. 2 Sam. 5. 1 2 3 4. 2 Kings 11. 17 18. Arnisaeus maketh a second oath of absolute Kings who sweare they shall raigne according to equitie and justice and he saith There is no need of this oath a promise is enough for an oath encreaseth not the obligation L. fin de non num pec Onelie it addeth the bound of Religion for there is no use of an oath where there is no paction of law against him that sweareth if he violate his oath There followeth onelie the punishment of Perjurie And the word of a Prince is as good as his oath onelie he condescendeth to sweare to please the people out of indulgence not out of necessitie And the King doth not therefore sweare because he is made King but because he is made King he sweareth And he is not King because he is crowned but he is crowned because he is King Where the Crowne goeth by succession the King never dieth and he is King by nature before he be crowned Answ 1. This oath is the very first oath spoken of before included in the covenant that the King maketh with the people 2 Sam 5. 2 3 4. For absolute Princes by Arnisaeus his grant doth swear to do the duties of a King as Bodinus maketh the oath of France de Rep. l. 1. c. 8. Iuro ego per deum ac promitto me justè regnaturum judicium equitatem ac misericordiam facturum And papir Mass l. 3. Chron. hath the same expresly in the particulars And by this a King sweareth he shall not be absolute and if he swear this oath he bindeth himself not to governe by the Law of the King whereby he may play the Tyrant as Saul did 1 Sam. 8. 9 10 11 12 c. As all Royalists expound the place 2. It is but a poor evasion to distinguish betwixt the Kings promise and his oath for the promise and covenant of any man and so of the King doth no lesse bring him under a civil obligation and politique coaction to keep his promise then an oath for he that becometh surety for his friend doth by no civil Law sweare he shall be good for the sonne or performe in liew and place of the friend what he is to performe he doth onely covenant and promise and in law and politique obligation he is taken and snared by that promise no lesse then if he had sworne Reuben offereth to be caution to bring Benjamin safe home to his old father Gen. 42. 37. Iudah also Gen. 43. 9. but they do not swear anyoath iâ— is true that an oath adeth nothing to a contract and promise but onely it laies on a religious tie before God yet so as consequently if the contractor violate both promise and oath he cometh under the guilt of perjury which a law of men may punish Now that a covenant bringeth the King under a politique obligation as well as an oath is already proved and farther confirmed by Gal. 3. 15. Though it be a mans testament or covenant no man disanulleth and addeth thereunto No man even by mans law can anull a confirmed covenant and therefore the man that made the covenant bringeth himself under law to fulfill his own covenant and so must the King put himself under mens law by a covenant at his Coronation Yea and David is reputed by Royallists an absolute Prince yet he cometh under a covenant before he be made King 3. It is but a weak reason to say that an oath is needlesse where no action of law can be against the King who sweareth if it have any strength of reason I retort it a legall and solemne promise then is needlesse also for there is no action of law against a King as Royalists teach if he violate his promise So then King David needlesly made a Covenant with the people at his Coronation for though David should turne as bloody an enemie to the Church as Nero or Iulian the people have no Law-action against David and why then did Ieremiah seek an oath of the King of Iudah that he would not kill him nor deliver him into the hands of his enemies and why did David seek an oath of Ionathan It is not like Ieremiah and David could have law-action against a King and a Kings son if they should violate the oath of God And farther it is a begging of the question to say that the States can have no action against the king if he should violate
choise of his person This is non-sense for the peoples choosing of David at Hebron to be King and their refusing of Sauls seed to be King what was it but an act of God by the free suffrages of the people conferring royall power on David and making him King whereas in former times David even anointed by Samuel at Bethleem 1 Sam. 16. was onely a private man the subject of King Saul and never tearmed by the Spirit of God a King nor was he King till God by the peoples consent made him King at Hebron for Samuel neither honoured him as King nor bowed to him as King nor did the people say God save King David but after this David acknowledged Saul as his Master and King Let Royalists shew us any act of God making David King save this act of the people making him formally King at Hebron and therefore the people as Gods instrument transferred the power and God by them in the same act transferred the power and in the same they chose the person the Royalists affirm these to be different actions affirmanti incumbit probatio 4. This power is the peoples radically naturally as the Bees as some think have a power naturall to choose a King-Bee so hath a communitie a power naturally to defend and protect themselves and God hath revealed in Deut. 17. 14 15. the way of regulating the act of choosing Governours and Kings which is a speciall mean of defending and protecting themselves and the people is as principally the subject and fountain of Royall power as a fountain is of water I shall not contend if you call a Fountain Gods Instrument to give water as all creatures are his Instruments 5. For Spalato's comparison he is far out for the people choosing one of ten to be their King have freewill to choose any and are under a Law Deut. 17. 14 15. In the manner of their choosing and thought they erre and make a sinfull choice yet the man is King and Gods King whom they make King but if the King command a servant to make A. B. a Knight if the servant make C. D. a Knight I shall not think C. D. is a valid Knight at all and indeed the honour is immediately here from the King because the Kings servant by no innate power maketh the Knight but Nations by a radicall and naturall and innate power maketh this man a King not this man and I conceive the man chosen by the people oweth thanks and gratefull service to the people who rejected others that they had power to choose and made him King 6. The light immediately and formally is light from the Sun and so is the Office of a King immediately instituted of God Deut. 17. 14. Whether the institution be naturall or positive it is no matter 2. The man is not King because of Royall indowments though we should say these were immediately from God to which instruction and education may also conferre not a little but he is formally King ratione 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in regard of the formall essence of a King not immediately from God as the light is from the Sun but by the mediation of the free consent of the people 2 Sam. 5. 1 2 3. nor is the people in making a King as the man who onely casteth Wood in the fire the Wood is not made fire formally but by the fire not by the approach of fire to Wood or of Wood to fire for the people do not apply the Royaltie which is immediately in and from God to the person explicate such an application for to me it is a Fiction unconceiveable because the people hath the Royaltie radically in themselves as in the Fountain and Cause and conferreth it on the man who is made King yea the people by making David King confer the Royall power on the King this is so true that Royalists forgetting themselves inculcate frequently in asserting their absolute Monarch from Vlpian but misunderstood that the people have resigned all their power libertie right of life death goods chastitie a potency of rapine homicides unjust wars c. upon a creature called an absolute Prince even saith Grotius as a man may make himself a slave by selling his liberty to a master Now if the people make away this power to the King and this be nothing but the transcendent absolutenesse of a King certainly this power was in the people for how can they give to a King that which they have not themselves As a man cannot make away his liberty to a master by becoming a slave to him if his libertie were immediately in God as Royalists say Soveraigntie is immediately in God and people can exercise no Act about Soveraignty to make it over to one man rather then to another People onely have an after-approbation that this man to whom God hath given it immediately shall have it Furthermore they say people in making a King may make such conditions as in seven cases a King may be dethroned at least resisted saith Hu. Grotius Ergo people may give more or lesse half or whole limited or absolute Royall power to the Prince but if this power were immediately in God and from God how could the people have the husbanding of it at their need to expend it out in ounce weights or pound weights as they please And that the people may be Taverners of it to sell or give it is taught by Grotius de jur bel pac l. 1. c. 4. Barclai advers Monarch l. 4. c. 6. Arnisae cap. 6. de majest an princeps qui jurat subditis c. n. 10. n. se Aventiun Anal. l. 3. Chytreus l. 23. l. 28. Saxon Sleid. lib. 1. in fi yet Arnisaeus is not ashamed to cite Arist po c. 12. l. 3. That he is not a true and absolute King who ruleth by Laws The point black contrary of which Aristotle saith QUEST XLI Whether doth the P. Prelate upon good grounds ascribe to us the doctrine of Jesuites in these Questions of lawfull defensive Wars THe P. Prelate without all ground will have us all Iesuites in this point but if we make good that this Truth was in Scripture before a Iesuite was in the earth he falleth from his Cause P. Prelate The Begardi saith There was no Government no Law given to the just It feareth me this age fancieth to it self some such thing and have learned of Core Dathan c. Ans This Calumniator in the next words belieth himself when he saith We presuppose that these with whom we are to enter in Lists do willingly grant That Government is not onely lawfull and just but necessary both for Church and Common-wealth then we fancie no such thing as he imputeth to us P. Prelate Some said that the right of Dominion is founded on grace whether the Waldenses and Hus held any such Tenet I cannot now insist to prove or disprove Gerson and others held that there must be a new Title and
and Bellarmine and Suarez say Not God maketh Kings by approbation only P. Prelate The people may change Monarchy into Aristocracy or Democracy or Aristocracy into Monarchy for ought I know they differ not in this neither Ans The P. Prelate knoweth not all things the two Iesuites Bellarmine and Suarez are produced only as if they were all Iesuites and Suarez saith De prim po l. 3. n. 4. Donationem absolutam semel valide factam revocari non posse neque in totum neque ex parce maxime quando onerosa fuit If the people once give their power to the King they cannot resume it without cause and laying downe the grounds of Suarez and other Iesuites that our Religion is Heresie they doe soundly collect this consequence That no King can be Lord of the consciences of their subjects to compell them to an Hereticall Religion We teach that the King of Spaine hath no power over the consciences of Protestant Subjects to force them to Idolatry and that their soules are not his subjects but only their persons and in the Lord. 2. It is no great crime that if a King degenerate in a Tyranny or if the Royall Line faile that we thinke the people have liberty to change Monarchy into Aristocracy aut contra Iesuites deny that the people can make this change without the Popes consent We judge neither the great Bishop the Pope nor the little Popes ought to have hand in making Kings P. Prelate They say the power is derived to the King from the people Cumulativè or Communicativé non Privativé by way of communication not by way of privation so as the people denude not themselves of this soveraignty As the King maketh a Lieutenant in Ireland not to denude himselfe of his Royall power but to put him in trust for his service If this be their mind the King is in a poore case The principal authority is in the Deligate and so the people is still Iudge and the King their Deputy Ans The P. Prelate taketh on him to write he knoweth not what this is not our opinion The King is King and hath the peoples power not as their Deputy 1. Because the people is not principall Iudge and the King subordinate The King in the executive power of Lawes is really a Soveraigne above the people a Deputy is not so 2. The people have irrevocably made over to the King their power of governing defending and protecting themselves I except the power of selfe preservation which people can no more make away it being sinlesse natures birth-right then the liberty of eating drinking sleeping and this the people cannot resume except in case of the Kings Tyranny there is no power by the King so irrevocably resigned to his Servant or Deputy but he may use it himselfe 3. A Delegate is comptable for all he doth to those that put him in trust whether he doe ill or well The King in acts of Iustice is not comptable to any for if his acts be not lyable to high suspitions of Tyranny no man may say to him What dost thou onely in acts of unjustice and those so tyrannous that they be inconsistent with the habituall fiduciary repose and trust put on him he is to render accounts to the Parliament which representeth the people 4. A Delegate in esse in fieri both that he may be a Delegate and that he may continue a Delegate whether he doe ill or well dependeth on his pleasure who delegateth him but though a King depend in fieri in regard of his call to the Crowne upon the suffrages of his people yet that he may be continued King he dependeth not on the people simply but only in case of Tyrannicall administration and in this sense Suarez and Bellarmine spake with no more honesty then we doe but with more then Prelates doe for they professe any Emissary of Hell may stab a Protestant King We know the Prelates professe the contrary but their judgement is the same with Iesuites in all points and since they will have the Pope Christs Vicar by such a Divine right as they themselves are Bishops and have the King under Oath to maintaine the Clergie Bishops and all their Canonicall priviledges amongst which the Bishops of Rome his indirect power in ordine ad spiritualia and to dethrone Kings who turne Heritickes is one principall right I see not how Prelates are not as deepe in treason against Kings as the Pope himselfe and therefore P. Prelate take the beame out of your owne eye The P. Prelate taketh unlearned paines to prove that Gerson Occam Iac. de almaine Parisian Doctors maintained these same grounds anent the peoples power over Kings in the case of Tyranny and that before Luther and Calvine was in the world and this is to give himselfe the lye that Luther Calvin and we have not this Doctrine from Iesuites and what is Calvines mind is evident Instit l. 4. c. all that the estates may coerce and reduce in order a Tyrant else they are deficient in their trust that God hath given them over the Common-wealth and Church and this is the Doctrine for which Royalists cry out against Master Knox of blessed memory Buchanan Iunius Brutus Bâ—uchier Rossaeus Althusius and Luther in scripto ad pastorem to 7. German fol. 386. bringeth two examples for resistance the people resisted Saul when he was willing to kill Ionathan his sonne and Ahikam and other Princes rescued Ieremiah out of the hands of the King of Iudah and Gerardus citeth many Divines who second Luther in this as Bugenliagius Iustus Ionas Nicholas Ambsderffius George Spalatinus Iustus Menius Christopher Hofmanus It is knowne what is the mind of Protestant Divines as Beza Pareus Melancthon Bucanus Polanus Chamer all the Divines of France of Germany of Holland No wonder then Prelates were upon the plot of betraying the City of Rochel and of the Protestant Church there when they then will have the Protestants of France for their defensive warres to be Rebels and siders with Iesuites when in these warres Iesuites sought their blood and ruine The P. Prelate having shewn his mind concerning the deposing of Childericke by the Pope of which I say nothing but the Pope was an Antichristian Usurper and the poore man never fit to beare a Crowne he goeth on to set downe an opinion of some mute Authors he might devise a thousand opinions that way to make men beleeve he had been in a wood of learned mens secrets and that never man saw the bottome of the controversie while he seeing the escapes of many Pens as supercilious Bubo praiseth was forced to appeare a Star new risen in the firmament of Pursevants and reveale all dreames and teach all the New-Statists the Gamâ—liels Buchanan Iunius Brutus and a world who were all sleeping while this Lucifer the sonne of the night did appeare this new way of Lawes Divinity and casuists Theologie They hold saith P. P. Soveraigne power is
that they may mutually censure and judge one another Object Not in the same cause that is impossible If the King say Masse shall the Church judge and censure the King for intrusion and because the King is also Soveraigne and Supreme in his kinde he may judge and punish the Church for their act of judging and censuring the King it being an intrusion on his prerogative that any should judge the highest Judge Ans The one is not subiect to the other but in the case of male-administration the innocent as innocent is subject to no higher punishing he may be subject to a higher as accusing citing c. Now the Royalist must give instance in the same cause where the Church faileth against the King and his Civill law and the King in the same cause faileth against the Church-canon and then it shall be easie to answer P. Prelate Religion is the bottome of all happinesse if you make the King only to execute what a Presbyterie commandeth he is in a hard case and you take from him the chiefest in Government Ecclesiasticall power hath the soule in subjection the Civill Soveraigntie holdeth a dead dominion ever the body Then the Pope and Presbyterie shall be in better condition then the King Cic. in Ver. Omnes Religione moventur Superstition is furious and maddeth people that they spare neither Crown nor Mitre Ans Cold and dry is the P. P. when he spendeth foure pages in declamation for the excellencie of Religion The madnesse of Superstition nothing to the purpose 1. The King hath a chiefe hand in Church affaires when he is a Nurse-father and beareth the Royall sword to defend both the Tables of the Law though he doe not spin and weave Surplices and other base Masse-cloaths to Prelates and such Priests of Baal They dishonour his Majestie who bring his Prerogative so low 2. The King doth not execute with blind obedience with us what the Pope commandeth and the Prelates but with light of knowledge what Synods discernes and he is no more made the servant of the Church by this then the King of Iudah and Nebuchadnezzar are servants to Ieremiah and Daniel because they are to obey the Word of the Lord in their mouth Let them shew a reason of this why they are servants in executing Gods will in Discipline and in punishing what the Holy Ghost by his Apostles and Elders decree when any contemne the Decree concerning the abstinence from blood things strangled c. Act. 15. rather then when they punish murther idolatrie blasphemie which are condemned in the Word preached by Pastors of Christ and farther this objection would have some more colour realitie it hath not if Kings were only to execute what the Church ministerially in Christs name commandeth to be done in Synods but Kings may and doe command Synods to conveen and doe their duty and command many duties never Synodically decreed as they are to cast out of their Court apostare Prelates sleeping many yeares in the Devils armes and are to command Trencher-Divines neglecting their flock and lying at Court attending the falling of a dead Bishop as Ravens doe an old dying horse To goe and attend the flock and not the Court as this P. P. did 3. A King hath greater outward glory and may doe much more service to Christ in respect of extension and is excellenter then the Pastor who yet in regard of intension is busied about nobler things to wit the Soule the Gospel Eternitie than the King 4. Superstition maddeth men but it followeth not that true Religion may not set them on work to defend soule and body against Tyrannie of the Crown and Antichristian Mitres P. Prelate The Kingdome had peace and plentie in Prelates time Ans A belly-argument We had plenty when we sacrificed to the Queen of Heaven 2. If the Traveller contend to have his purse againe shall the Robber say Robberie was blessed with peace The rest to the end are lies and answered already Only his invectives against ruling Elders falsly called Lay-Elders are not to purpose Parliament-Priests and Lay and Court-Pastors are Lay-Prophets 2. That Presbyteries meddle with Civill businesse is a slander They meddle with publike scandals that offendeth in Christs Kingdome But the Prelate by office was more in two elements in Church and State then any Frogs even in the Kings Leaven-tubs ordinarily 3. Something he saith of Popes usurping over Kings but only of one of his fathers a great uncleane spirit Gregorie the Great But if he had refuted him by Gods Word he should have thrown stones at his own Tribe for Prelates like him doe ex officio trample upon the neck of Kings 4. His testimonies of one Councell and one Father for all Antiquitie proveth nothing Athanasius said God hath given Davids Throne to Kings What to be Head of the Church No to be the Minister of God without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the Church And because Kings reigne by Christ as the Councell of Arimin saith therefore it may follow a Baily is also Head of the Church It is taken from Prov. 8. and answered 5. That Presbyteries have usurped upon Kings more then Popes since Hildebrand is a lie all stories are full of the usurpation of Prelates his own 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 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
Kingdome by Statute of Parliament to be bestowed on the Kingdome and the King should sell no Acts of Justice for Subsidies 5. He dare not speake of the consequences if the King grant Bills of Grace and part with the flowers of the Crowne Ans He dare not say The people shall vindicate their liberty by selling Subsidies to buy branches of the Prerogative Royall and diminishing the Kings fancied absolutenesse so would Prelates have the King absolute that they may ride over the soules purses persons estates and Religion of men upon the horse of pretended absolutenesse 6. He feareth the Parliament sall upon Church businesse but 1. The Church is too weake already if it had more power the King might have more both obedience and service 2. The Houses can be no competent Iudges in point of Doctrine 3. For the King Clergy and Convocation are Iudges in all causes Ecclesiasticall Ans 1. This striketh at the root of all Parliamentary power 1. The P. P. giveth them but a poore deliberative power in Subsides and that is to make the Kings Will a Law in taking all the subjects goods from them to foment warre against the subjects 2. He taketh all jurisdiction from them over Persons though they were as black Traitors as breathe 3. And spoileth them of all power in Church matters to make all Iudges yea and the King himselfe yield blind obedience to the Pope and Prelate and their illuminated Clergie Sure I am P. Maxwell imputeth this but most unjustly to Presbyteries What essentiall and fundamentall priviledges are left to Parliaments David and the Parliament of Israel are impertinent Iudges in the matter of bringing home the Ark of God And for the Churches weaknesse that is the weaknesse of the damned Prelates shall this be the Kings weaknesse Yes the P. P. must make it true No Bishop no King 7. He feareth factious spirits will take heart to themselves if the King yield to them without any submission of theirs Ans The Princes and Iudges of the Land are a company of factious men and so no Parliament no Court but at best some good advisers of a King to breake up the Parliament because they refuse Subsidies that he may by a lawlesse way extort Subsidies 8. He desireth the Parliament may sit a short time that they may not well understand one another Ans He loveth short or no justice from the Parliament he feareth they reforme Gods house and execute justice on men like himselfe But I returne to the Scotish Parliament Assert 2. The Parliament is to regulate the power of the King The heritable Sheriffes complaine that the King granteth Commissions to others in cases perteining to their office Whereupon the Estates Par. 6. K. Iam. 5. Act. 82. dischargeth all such Commissions as also appointeth that all Murtherers be judged by the Iustice generall only And in severall Acts the King is inhibited to grant pardons to malefactors K. Ia. 6. Act. 75. P. 11. It is to be considered that King Iames in his Baslicon Doron layeth down an unsound ground that Fergus the first father of 107 Kings of Scotland conquered this Kingdom The contrary whereof is asserted by Fordome Major Boethius Buchannan Hollanshed who run all upon this Principle That the Estates of the Kingdome did 1. Choose a Monarchie and freely and no other Government 2. That they freely elected Fergus to be their King 3. King Fergus frequently conveened the Parliament called Insulanorum Duces Tribuum Rectores Majorum consessus Conventus Ordinum conventus Statuum Communitatum Regni Phylarchi Primores Principes patres and as Hollanshed saith they made Fergus King therefore a Parliament must be before the King yea and after the death of King Fergus Philarchi coeunt conciâ—ne advocatâ the Estates convened without any King and made that fundamentall Law Regni electivi That when the Kings Children were minores any of the Fergusian Race might be chosen to Reigne and this indured to the daies of Kennethus and Redotha Reâ— 7. resigneth and maketh over the Government into the hands of the Parliament and Philarchi Tribuum Gubernatores ordained Therius the 8. King Buchanan l. 4. Rer. Scot. calleth him Reutha and said he did this Populo egrè permittente then the Royall Power recurred to the fountaine Therius the 8. a wicked man filled the Kingdome with Roberies fearing that the Parliament should punish him fled to the Britaines and thereupon the Parliament choose Connanus to be Protex and protector of the Kingdome Finnanus R. 10. Decreed Ne quid Reges quod majoris esset momenti nisi de publici consilii authoritate juberent ne domestico consilio remp administrarent regia publicaque negotia non sine patrum consultatione ductuque tractarentur nec bellum pacem aut faedera reges per se patrum Tribuumve Rectorum injussu facerent demerentue Then it is cleare that Parliaments were consortes imperii and had Authority with and above the King When a Law is made that the Kings should doe nothing Injussu rectorum tribuum without commandement of the Parliament a Cabinet Counsell was not lawfull to the Kings of Scotland So Durstus Rex XI sweareth to the Parliament Se nihil nisi de primorum consilio acturum That he shall doe nothing but by counsell of the Rulers and Heads of the Kingdome The Parliament rejecting the lawfull sonne of Corbredus the 20 King because he was young created Dardanus the sonne of Metellanus King which is a great argument of the power of the Scottish Parliament of old for elective rather then hereditary Kings Corbredus secundus called Galdus the 21 King at his Coronation renouncing all negative voices did sweare Se majorum consiliis acquieturum That he should be ruled by the Parliament and it is said Leges quasdam tollere non potuit adversante multitudine Lactatus R. 22. is censured by a Parliament Quod spreto majorum consilio He appointed base men to publick Offices Mogaldus R. 23. Ad consilia seniorum omnia ex prisco more revâ—cavit did all by the Parliament as the ancient custome was Conarus 24. K. was cast in Prison by the Parliament Quod non expectato decreto patrum quod summae erat potestatis privatis consiliis administrasset Because he did the weightiest businesse that concerned the Kingdome by private advice without the judiciall Ordinance of Parliament that was of greatest authority Where is the negative voice of the King here Ethodius 2. the sonne of Ethodius the 1. the 28. King The Parliament passing by his son of the first Bed because he was a child had created Satrael his Brother King before a simple ignorant man yet for reverence to the race of Fergus kept the name of a King but the Estates appointed Tutors to him he was the 28. King Nathalocus the 30. K. corrupting the Nobles with buds and faire promises obtained the Crowne Romachus Fethelmachus and Angusianus or as Buchanan
9. Why if God might work a miracle in the three Childrens resistance active why doth he evidence omnipotencie in the passive obedience of these Witnesses The Kingdome of Iudah was Christs birthright as man and Davids sonne why did he not by legions of Men Angels rather vindicate his own flesh and blood than triumph by non-resistance and the omnipotencie of glorie to shine in his meere suffering Ans Who art thou that disputest with God He that killeth with the jaw-bone of an Asse thousands and he that destroyed the numberlesse Midianites by only three hundred should no more put the three Children to an unlawfull fact in the one if they had by three men killed Nebuchadnezzar and all his Subjects than in the other But nothing is said against us in a Sophisme à non-causa pro causa except it be proved God would neither deliver his three Children nor Christ from death and the Iewes from bondage by miraculous resistance because resistance is unlawfull What patient suffring is lawfull Ergo resistance is unlawfull It is a poor consequent and a begging of the question both must be lawfull to us And so we hold of ten lawfull meanes fit to compasse Gods blessed end he may choose one and let goe nine shall any inferre ergo These other nine meanes are unlawfull because God chose a mean dâ—fferent from those nine and refused them So may I answer by retortion The three hundred sinned in resisting Midian and defeating them Why Because it should be more honour to God if they had by suffering patiently the sword of Midian glorified God in Martyrdome So Christ and the Apostles who could have wrought miracles might have wrought Reformation by the sword and destroyed Kings and Emperors the opposers of the Lambe and they did reforme by suffering Ergo the sword is unlawfull in Reformation It followeth not The meane Christ used is lawfull Ergo all other meanes that he used not are unlawfull It is vaine Logick Quest 10. Whether is the Coronation of a King any other thing but a Ceremonie Ans In the Coronation there is and may be the Ceremonie of a shout and an Acclamation and the reaching of a Scepter in his right hand who is made King and the like But the Coronation in concreto according to the substance of the act is no Ceremonie nor any accidentall ingredient in the constitution of a King 1. Because Israel should have performed a meere ceremoniall action on Saul when they made him King which we cannot say for as the Peoples act of Coronation is distinctive so is it constitutive it distinguished Saul from all Israel and did constitute him in a new relation that he was changed from no King to be a King 2. The people cannot by a Ceremonie make a King they must really put some honour on him that was not on him before Now this Ceremonie which Royalists doe fancie Coronation to be is only fymbolicall and declarative not really dative it placeth nothing in the King Quest 11. Whether may Subjects limit the power that they gave not to the King it being the immediate result without intervening of Law or any act of man issuing from God only Ans Though we should give which in reason we cannot grant that Royall power were a result of the immediate bounty of God without any act of man Yet it may be limited by men that it over-swell not its banks though God immediatly make Peter an Apostle without any act of men yet Paul by a sharpe rebuke Gal. 2. curbeth and limiteth his power that he abuse it not to Iudaizing Royalists deny not but they teach That the 80. Priests that restrained Vzziah his power from burning incense to the Lord gave no Royall power to Vzziah Doe not subjects by flight lay restraint upon a Kings power that he kill not the subjects without cause yet they teach That subjects gave no power to the King certainly this is a proofe of the immense power of the King of Kings that none can fly from his pursuing hand Ps 139. 1 2 3. Amos 9. 1 2 3 4. whereas men may fly from earthly Kings Nebuchadnezzar as Royalists teach might justly conquer some Kingdomes for conquest is a just title to the Crowne say they now the Conquerour then justly not only limiteth the Royall Power of the conquered King but wholly removeth his Royalty and unkingeth him yet we know the conquerour gave no Royall power to the conquered King Ioshua and David tooke away Royall power which they never gave and therefore this is no good reason The people gave not to the King Royall Power ergo they could not lawfully limit it and take it away 2. We cannot admit that God giveth Royall power immediatly without the intervention of any Act of Law for it is an Act of Law that Deut. 17. the people chooseth such a King not such a King that the people by a legall covenant make Saul David and Joash Kings and that God exerciseth any politicall action of making a King over such subjects upon such a condition is absurd and inconceivable for how can God make Saul and David Kings of Jsrael upon this politicall and legall condition that they rule in Iustice and Judgement but there must intervene a politicall action and so they are not made Kings immediatly If God feed Moses by bread and Manna 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
his power If we obteine this which Gods Word doth give us we have enough for our purpose though Vzzah kept the naked title of a King as indeed he tooke but up roome in the Catalogue of Kings Now if by Law he was cut off from actuall governing Whether he was willing or not willing to denude himselfe of Reigning it is all one And to say that furious men ideots stupid men and Children who must doe all Royall acts by Curators and Tutors are Kings jure with correction is petitio principii for then hath God infused immediately from heaven as Royalists teach us a Royall power to governe a Kingdome on those who are as capable of Royaltie as blocks I conceive that the Lord Deut. 17. 14 15 16 17. commandeth the people to make no blocks Kings and that the Lord hath not done that himselfe in a binding Law to us which we have no commandement from him to doe I conceive that God made Josiah and Joash Kings typicall and in destination for his promise sake to David while they were Children as well as he made them Kings but not actu completo ratione officii to be a rule to us now to make a Childe of sixe yeares of age a King by office I conceive Children are to us only Kings in destination and appointment And for Idiots and Fooles I shall not believe let Royalists breake their faith upon so rocky and stony a point at their pleasure that God hath made them Governors of others by Royall office who can scarce number their own fingers Or that God tyeth a people to acknowledge stupid blocks for Royall Governours of a Kingdome who cannot governe themselves But far be it from me to argue with Bellarmine From Vzziah his bodily leprosie to inferre that any Prince spiritually Leprous and turned Hereticall is presently to be dethroned Nothing can dethrone a King but such Tyrannie as is inconsistent with his Royall office Nor durst I inferre that Kings now adayes may be removed from actuall Government for one single transgression It is true 80 Priests and the whole Kingdome so serving King Vzzah their motives I know were Divine proveth well that the Subjects may punish the transgression of Gods expresse law in the King in some cases even to remove him from the Throne but as from Gods commanding to stone the man that gathered sticks on the Sabbath day we cannot inferre that Sabbath-breakers are now to be punished with death yet we may well argue Sabbath-breakers may be punished and Sabbath-breakers are not unpunishable and above all Law So may we argue here Vzzah though a King was punished Ergo Kings are punishable by Subjects Quest 16. Whether or no as the deniall of active obedience in things unlawfull is not dishonourable to the King as King he being obliged to command in the Lord only so the deniall of passive subjection to the King using unjust violence be also no dishonouring of the King Ans As the King is under Gods Law both in commanding or in exacting active obedience so is he under the same regulating Law of God in punishing or demanding of us passive subjection and as he may not command what he will but what the King of Kings warranteth him to command so may he not punish as he will but by warrant also of the supreame Iudge of all the earth and therefore it is not dishonourable to the Majesty of the Ruler that we deny passive subjection to him when he punisheth beside his warrant more then its against his Majesty and honour that we deny active obedience when he commandeth illegally else I see not how it is lawfull to fly from a tyrannous King as Elias Christ and other of the witnesses of our Lord have done and therefore what Royalists say here is a great untruth namely That in things lawfull we must be subject actively in things unlawfull passively For as we are in things lawfull to be subject actively so there is no duty in point of conscience laying on us to be subject passively because I may lawfully fly and so lawfully deny passive subjection to the Kings will punishing unjustly Quest 17. Whether may the Prince make away any part of his Dominions as an Iland or a Kingdome for the safety of the whole kingdomes he bath as if goods be like to sinke an over burthened Ship the Sea-men cast away a part of the Goods in the Sea to save the lives of the whole Passengers and if three thousand Passengers being in one Ship and the Ship in a storme like to be loosed it would seeme that a thousand may be cast over-board to save the lives of the whole Passengers Ans The Kingdome being not the Kings proper Heritage it would seeme he cannot make away any part of his Kingdome to save the whole without the expresse consent of that part though they be made away to save the whole In things of this kind men are not as the commodities of Merchants nor is the case alike as when one thousand of three thousand are to be cast into the Sea to save all the rest and that either by common consent or by Lots or some other way for it is one thing when destruction is evidently inevitable as in the casting so many men into the Sea to save the whole and many Passengers and when a King for peace or for help from another King maketh away part of his Dominion The Lord is here to be waited on in his good Providence and events are to be committed to him but far lesse can it be imaginably lawfull for a King to make away a part of his Dominions without their consent that he may have help from a forraign Prince to destroy the rest This were to make merchandize of the lives of men Quest 18. Whether or no the convening of the subjects without the Kings will be unlawfull Answ The convention of men of it self is an indifferent thing and taketh its specification from its causes and manner of convening though some convention of the Subjects without the King be forbidden yet Ratio Legis est anima Legis The reason and intent of the Law is the soul of the Law Convention of the Subjects in a tumultuary way for a seditious end to make war without warrant of Law is forbidden but not when Religion Laws Liberties Invasion of forraign Enemies necessitateth the Subjects to conveen though the King and ordinary Iudicatures going a corrupt way to pervert Iudgement shall refuse to consent to their conventions Upon which ground no convention of Tables at Edinburgh or any other place An. 1637. 1638. 1639. can be judged there unlawfull for if these be unlawfull because they are convention of the Leagues without expresse Act of Parliament then the convention of the Leagues to quench a house on fire and the convention of a Countrey to pursue a Wolf entered in the Land to destroy women and children which are warranted by the Law of
resolveth upon the free election of the people as on the fountain-fountain-cause 6. Argum. Sect. 4. p. 39. Election of a family to the Crown lawfull Speed Hist pag. 757. A King by election commeth neerer to the first King then a King by succession D. Fern part 3. sect â— p. 14. If the people may limit the King they may give him power A community have not power formally to punish themselves Barclay cont Monarcham c. 2 p. 5 6. The elective King and the hereditary King better and worse every one then another in divers relations Sac. sanc Reg. Maiest c. 17. p. 158. Letter p. 7. Twofold right of conquest Sect. 7. p. 30. Vniust conquest is no signification of Gods approving Will. 1 Arg. 2 Arg. Meere violent domineering is contrary to the rules of governing 3 Arg. Violence hath nothing in it of a King 4 Arg. 5 Arg. A King given to a people by a bloody Conquest must be a judgement not a blessing and so not pâ—â— se a King 6 Arg. Strength as prevailing strength is not law or reason Fathers cannot dispose of the liberty of the posteritie not borne A father as a father hath not power of life and death Hugo Gâ—otius de iute belli pacis l. 2. c. 4. n. 10. 7 Arg. Part 3. Sect. 3. pâ—g 20. Arnisaeus de authoritat Priâ—cip c. 1. n. 1 â— The peoples and Davids conquest of Canaanites Amonites and Edomites do not prove conquest to be a good title to a Crown Davids conquest of the Ammonites more rigorous then that it can legitimate Crowns by â—onquest 2 Sam. 12. 30. 31. 7 sorts of superioritie and inferioritie Power of life and death from a positive law not from the superioritie of father children 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A dominion antecedent and consequent Kings and subjects no naturall order Buchan de jure Regni apud Scoles A man is born consequenter in a politique â—â—lation Slavery not naturall Every man by nature free borne in regard of civill subjection 1 Arg. 2 Arg. 3 Arg. 4 Arg. 5 Arg. 6 Arg. Politque societie naturall in radice free in modo rei 7 Arg. Sac. sanct Reg. ma. c. 12. p. 12 P. Prelate Politick Government how naturall P. Prelate Sac. sanct Mai. p. 126. Inslaving of children by the parents not naturall The King under a naturall but no civil obligation to the people say Royalists If the condition without the which one of the parties would never have entered in covenant be not performed that person is loosed from the covenant Arnis de authorit prin â— â— n. 6. 7. The people Princes in their place are obliged to maintain Religion and Iustice no lesse then the King In so far as the King presseth a false Religion on the people catenus in so far they are understood not to have a Kingly power The covenant between King and People giveth a coactive power to each other The covenant bindeth the King as King not as he is a man only The covenant tyeth the King to the People politically as well as to God naturally or religiously 2 Arg. How the covenant is conditionall and what breach dissolveth the covenant One or two tyrannous acts deprive not a King of his Royall right The covenant between King and people conditionall Though there be no positive written covecant which yet we grant not yet there is a naturall tacite and implicite covenant betwixt the King and ths people If the King be made King absolutely he is made such an one contrary to the word of God and nature of his office The people are not given to the Kings keeping so as they be his owne as sheep or mony are given The King could not buy or sell borrow or contract debt if his covenant with men did not bind him The covenant sworn by Asa and all Iudah 2 Chron. 15. obligeth the King Barclay Alber. Gentilis in disput Regal l. 2. c. 12. l. 3. c. 14 15. 16. Hug. Grotius de jure belli poc l. 2. c. 11 12 13. Arnisaeus dâ— authorit princip c. 1. n. 7. 8. 10. Haenon disp 2. Ioan. Roffens de potest papâ— l. 2. c. 5. Adam suppose he had lived till now should not have bin King of the whole earth because â— father King a father Metaphorically only A fatherly power and a politike power are not one and the fame D. Ferne par 1. sect 3. pag. 8. Sacr. sanct Reg. Maiest c. 7. pag. 87. Arnisaeus de potest princip c. 3. u. 1. 2. See Aristotle saith the Prelate Eth. 8. 10. pol. 1. c. Homer Odys 1. he might have said see Arnisaeus loe tit The King as King hath no masterly domion over the people but only fiduciarie To be a King is by office and actu primo to defend save feed and not to hurt or inthral A King not over men as reasonable men Prelatâ— Sacr. sanct mas c. 16. p. 15. Hugo Grotius hath the same de jur bel pacis l. 1. c. 3. A compelled surrender of liberty tyeth not A surrender of ignorance and mistake is some way unvoluntary and obligeth not The Goods of the Subjects not the Kings * Quod jure gentium dicitur F. de justi tia jure l. ex hee Quod partim jure civili Iusti de rerum divisio sect singulorum * L. item si verberatum F. de rei vindicat Ias plene m. l. Barbarius F. de oâ—fici praetor all the goods of the people are the Kings in a fourfold notion but not in propriety Subjects are propriators of their own Goods Argum. 1. Argum. 2. Argum. 3. The answer of Hybreas to a extorting Prince Autonius Argum. 4. Species enim furti est de alieuo largiri beneficii debitorem sihi acquirere L. si pignore sect de furt Argum. 5. Argum. 6. Argum. 7. Argum. 8. The Kings power fiduciarie The King a Tutor Difference between a father and a Tutor A free Community no pupill or minor The Kings power not properly Maritall or husbandly The King a Patron rather then a Lord. The King an honourable servant Royall power only from God and only from the people in divers respects The King the servant of the people both objectively subjectively By one and the same act the Lord of Heaven and the People make the King according to the physicall realitie of the act The King head of the Communitie only metaphorically The King but metaphorically only Lord of the familie The King not heire nor proprietor of the Kingdome The place 1 Sam. 8 9 11. discussed a Grotius de ju bel pacis l. 1. c. 4. n. 3. b Barclaius contra Monarchom l. 2. p. 64. Potostatem intelligit non â—aâ— quae competit ex praecepto neque etiam quae ex permissu est quatenus liberat à peccato sed quatenus paenis legalibus â—ximit operantem c Barclaius contra Monarcho l. 2. p. 56 57. The power office of the King badly disterenced by Barclay
d Barclaius l. 3 c. 2. e Arr. Mon. Haec erit ratio Regis f 70. Interpret Vatabul judica â—is judicium consuetudinem i. mores ib. bis moribus hac consuetudine utentur erga vos reges g Chald. Para. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 70. Interp. 70. Interp. h P. Martyr coment 1 Sam. 8. verum jus regium describit in Deut. apud Samuelem autem usurpatum l Calvin conc 1 Sam. 8. k Andr. Rivetus in decal â— 20. inâ— mundat p. 195. l Junius annot in 1 Sam. 2 13. m Diodatus annot 1 Sam. 8. 3. n Glossa interlinearis o Lyra in locum hic accipitur jus large sumptum quod reputatur jus propter malum abusum Nam illa quae dieuntur hic de jure Reg is magis contingunt per Tyranidem p Tostatus Abulens in 1 Reg. 8. q. 17. deq. 21. q Cornelius a Lapid in locum r Cajetan in locum Å¿ Hugo Cardinal in loc t Serrarius in locum u Thom. Aquin l. 3. de Regni Princip c. 11. x Mendoza jus Tyrannorum y Clemens Alexand. pag. 26. z Beda l. 2. expo in Samuel a Petrus Rebuffus tract de incongrua prert p. 110. Osiander he setteth not down the Office of the King what he ought to be but what manner of King they should have Pelican that ruled by will not by law Willet Such as decline to Tyranny Borhaius Tyrants not Kings b Rabb Levi Ben. Gersom in 1 Sam. 8. Pezelius in exp leg Mosai l. 4. c. 8. Tossan in not Bibl. Bosseus de Rep. Christ potest supra regem c. 2. n. 103. Bodin de Rep. l. 1. c. 19. Breutius homil 27. in 1 Sam. 8. Mos regis non de jure sed de vulgaâ—â consuetudine Doct. Ferne p. 2. sect pag. 55. Active and passive Obed. pag. 24. D. Ferne. 3. p. Sect. 2. pag. 10. Learned Authors teach that Gods Law Deut. 17. and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a manner of the King 1 Sam. 8 9. are opposite one to another so Gerson in trinprinâ— sac adu lat par 4. Alp. 66. lit l. cons 8. Buchan de jure regni apud Scot. Chasson cat glo mundi cons 24. n. 162. cons 35. Tholoss l. 9. c. 1. Rossen De polus Rep. c. 2. n. 10. Magdeburg in trac de off ma. Crying to God not the only remedy against a tyrant Ferne par 3. pag. 95. Resisting of tyrants and patience not inconsistent The Law of the King not a permissive law as was the law of devorcement Mal. 2. The law of the King written in a booke â— Sam. 11. not the law of Tyranny In what considerations the King is woâ—thier then the people and the people worthier then the King A meane as a meane inferiour to the end A King inferiour to the people Argum. Argum. 2. Argum. 3. Argum. 4. Argum. 5. The Church bâ—cause the Church of more worth then the King because King Argum. 6. Argum. 7. People in the spece immortall King not so If sinne had never been there should have been no need of Kings Arg. 8. The King is to expend his life for the people and so inferior to them A meane is considered reduplicatively and formally as a meane and materially as thething which is the mean in this latter sense the mean may be of more worth then the end but not so in the former sense A meane may be considered as a meane only and as more then a meane The people may be with out the King but not the King without the people 10. Argum. The people wortheir as the â—tâ—stituent cause then the King who is the effect Argum. 1. Argum. 2. Vnpossible that people can limit Royall power but they must give Royall power Argum. 3. Argum. 4. Except 2. Ioan. Rossens De potest pap l. 2. c. 5. Though God immediately create Kings without the people yet can the people unmake Kings Though God should immediately give a talent and gift for Prophecying as he gave to Balaam Caiaphas and others yet they may lose that talent by digging it in the earth and be deprived by the Church Except 3. 〈…〉 sanc Majes c. 9. p. 98. 99 Arnisâ—us De authorit princip cap. 1. â— 1. The people putting a King above themselves retaine the fountain-power and so are superior to the King Ulpian l. 1. ad Sc. Tupil Populus omne suum imperium potestà tene confert in Regem Bartolus ad l. hostes 24. f. de capt host Arnis c. 3. n. 10. The King as King a meane and inferior to the people The King both as a man and as a King inferior to the people Except 4. Sacr. sanct maj c. 9. p. 98. Observe here that the P. P. yieldeth there is a free covenant by which the people resigne their power to the King but whether Royall power or some other he dare not assert lest he destroy his own principles To sweare non-selfe-preservation and to sweare self-murther all one 5 Reply Sac. sanct maj c. 9. p. 129. stollen from Barclaius l. 5. c. 12. The people cannot make away their power to the King irrevocably The people may resume the power they gave to Commissioners of Parliament when they abuse that power Buchanan not understood by the P. P. Tables lawfull when the secret Counsell is corrupted and Parliaments are denyed 6 Rep. Barc l. 4. conc Monarcho c. 11 pag. 27. 7. Rep. Saer sanc Mai. c. 13. p. 130. stolen out of Arnisaeus de jure Majest cap. 3. n. â— pag. 34. Quod ofsicit â—ale c. holdeth when the agent maketh not away all its vertue by alicnation 8. Rep. Sacr. sanc Mai. pag. 131. Propter quod unumquodque c. not understood by the P. P. The King hath Soveraignty by loane and iâ— trust Soveraigntie how in the Communitie how not Power of life and death how in the Communitie A Communitie of it selfe wanting Rulers is a Politique body and how Sacr. sanc maj c. 4. p. 43. The propagation of Kings is by filiation saith the P. P. A speech that hath neither sense nor reason Filiation is later then propagation one must be propagated ere he be a sonne Inferiour Iudges no lesse Gods immediate Vicars then the King The conscience of the inferiour Iudge is immediately subordinate to God not to the King either mediately or immediaâ—ely Grotius de jure Belli pac l. 1. c. 4. Nam omnis facultas gubernandi in Magistratibus summae potestati ita subjicitur ut quicquid contra voluntatem summi imperantis faciant id defectum sit â—a facultate ac proinde de proactu privato habendum Grotius ibi species intermedia si genus respicias â—st species si speciem infra positam est genus ita magistratus illi inferiorum quidem ratione habita sunt publicae personae at supperâ—ores si considerentur sunt privati Grot. 16. Inferiour Judges truely Judges in relation to the King The inferiour judge how
as caâ—â—â— to take Christ 2. He waited not on Christs answer 3. He could have defended himself another way 4. It was contrary to Gods will revealed to Peter The Prophets cry against the sin of non-resistance when they cry against the peoples not executeing judgement for the oppressed and not relieving those that were crushed in the gate There is no warrant in the word by precept or practice that the King and Cavalliers should rise and oppose Princes and States in a hostile way for their conscience Sacr. sanâ—â— 6. pag. 74 75 76. The Doctors of Aberdeene in their Duplyes Tertullian in an errour The ancient Christians did rise in Armes against persecuting Emperours Inferiour Judges have the power of the sword aswell as the King The people tyed to acts of Charity and to defend themselves the Church and their posterity against a forreigne Army though the King forbid We must defend with the sword the Church of God whether the King will or no except it be said the King may command murther and discharge us of the duties of the second Table Examples of lawfull warres without the King If the Parliament make the King and give to him the sword the King cannot make the Parliament nor use the sword to their destruction Parliamentary power a fountaine power above the King Loyall Sâ—aj Beliefâ— Causes oâ— wâ—r make lawfull war not the sole pleasure of the King De â—â—iâ—cip 6. â— 18. It is necessary and lawfull for the States of Scotland to help their brethren in England Cases â—n which we are to help our brethren according to divers opinions We are to help our brethren though they desire us â—â—â— Solons testimony Law of the Egyptians against those that helped not the oppressed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Erne captos ad mortem Acts of charity as helping our brethren against unjust oppressions oblige us whether the King command them or forbid them Loyall subjects beliefe sect 4. pag. 7. Sacr. sanct Reg. maj c. 2. pag. 26. 27. The question concerning the excellency of Monarchy above other formes various according to divers considerations An absolute Monarchy the baddest of governments Epiminondas his watchfulnesse A power to sin worse then a power of non-sinning Monarchy in it selfe considered is the best government Every forme in some construction best A mixed Monarchy bâ—st Tolossan de Rep. l. 13. c. 12. Barâ—l cont Monarch l. 1. c. 39. Symmons Loyall Subj unbeliefe §. 4. pag. 7. A threefold supreame power What be jura regalia or jura majestatis Arnisaeus de 〈…〉 6. maâ— â— 1. â— 3. pag. 15â— 158. Kings conâ—â—r honours as rewards of vertue as they punish ildoers not because they are absolute but according to law The law of the King 1 Sam 8. 9. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Farther consideration of the place 1. Sam. 8. 9. 11. Difference of Kings and Judges The law or manner of the King 1 Sam. 8. 9. no permissive law of God as was the law of a bill of divorcement God cannot make a permissive law tending to the destruction of a whole national Church and Kingdome What dominion the King hath over the goods of the subject The peoples power over the King by reason of the Coronation covenant Mutuall punishments may be where there be no mutuall relations of superiority and inferiority A promise layeth a politique obligation on the promiser and giveth law to him to whom the promise is made to presse performance or punish violation when the promises are betwixt man and man Three kindes of oathes or covenants â—â—de by Kings as Arnisaeus thinketh The King not King 〈…〉 â—â— first â—wear the oâ—â—h It is an evasion onely to distinguâ—sh between the Kings promisâ—s and his oath Grotius de jur bel pat l. 1. c. 4. Barclai l. 4. c. 6. A King cannot swear to be a just King because he is already King Bartol in l. 1. n. 4. de his qui not infam Arnisae cap. 6. An princeps qui iuraâ— subditis c. â—o Roâ—â— de potest pa. lib. 2. c. 20. B. Rochester 16 A difference betwixt a father and a King A people may give Royall power to the King by limitation and measure but people can give no gift which is solely and immediately from God by measure they cannot measure God Sacr. san reg maj c. 1. pag. 1 2. An. 1633. Coronation of King Charls in Scotland L. 3. defens fid Orth. c. 3. n. 2 3. The P. Prelate is a Papist Iesuites tenents concerning Kings Tract contra primatum Regis Angliae Calvin Iust l. 4. c. 4. Sac. sanc Mai. c. 1. p. 17 18. Soveraigne power in the King but not power of Tyrannie The King not the Vicegerent of Christ as mediator The King not the head of the Church The prelates reason proveth all creatures to be the vicegerents of Christ as Mediator 2 Reas p. 58. The King no mixed person or half Clergie man in the externail government of the Church as the P. P. dreameth 1 Parl. King Charles aâ— 1633. The P. Prelate prayeth for the Pope The Power of Presbyteries Ministeriall P. Prelates deny Kings to be subject to the Gospel and Discipline of Christ Pag. 65. The Ministeriall power of Pastors what Page 65. The P. Prelate maketh the King a Church-man The P. Prelate giveth an Arbitrary power of government in Christs-Church to the King Prelates extend a lawlesse prerogative to the government of the Church Two Supremes under Christ one in the Church another in the State are not absurd P. 66 67 68. The King not the servant of the Church Ruling Elders not Lay-men The King of Scotland not above Laws and Parliaments proved from our acts of Parliament The King of Scotland's oath at his Coronation How the King is supreme Iudge in all Causes The Estates of Parliament do append their collaterall Seales with the Great Seal in Treaties with forraigne Princes Angl. Conf. art 37. Sed eam tantum Prerogativam aequam in sacris Scripturis à Deo ipso omnibus piis Princibus semper fuisse tributam hoc est ut omnes status atque ordines fidei sive commlssos sixe illi ecclesiastiei sint sive civiles in officio â—ontineant â—ontumaces ac delinquenteâ— gladio civili â—oerceant W. Laud and other Prelates enemies to Parliaments The Parliaments of Scotland doe regulate limit and set bounds to the Kings power Fergus the first King of Scotland no Conquerour but a freely elected Prince A fundamentall Law of elective Kings in Scotland The Parliaments of Scotland chosed Kings The Oath of Galdus the 21. King of Scotland Kings of Scotland censured and punished by the Parliament Kings of Scotland of old had no negative voyce Buchan Rer. Scot. l. 7. Coronation Oath Parliaments of Scotland by Law are to decide who should raigne How Royaltie is the first and naturall Government Many Rulers over a great multitude more naturall than one To resist the Will is not to resist the Power Pag. 9. It is no good consequence Christ and the Apostles used not violent resistance to spread the Gospel ergo such resistance is unlawfull The Coronation of the King in concreto is more then a Ceremonie Men may limit the Power that they gave not Arnisaeus de authorit princi c. 3. n. 6. Subiects not more obnoxious to a King then Clients Vassals Children Servi indignè habiti confugiendi ad statuas dominum mutandi copiam habent l. 2. De his qui sunt sui Item C. De lat Hered toll Arnisaeus De authori principumâ—in popul c. 3. n. 7. Subjects in active obedience must subject to a Kings lawfull commandement but in things unlawfull they are not naturally subject in passive subjection Whether King Vzzah was dethroned Arnisaeus de jure Pontif. Rom. in Regna Princ. c. 5. n. 30. Bellarm. de pâ—nit l. 3. c. 2. Deniall of passive obedience in things unjust not dishonourable to the King more then deniall of active obedience in these same things Loyall Convâ—rt page 10. The King may not make away a part of his owne Dominions Ferdinan Vasquius illustr quest l. 1. c. 3. n. 8. juri alieno quisquam nâ—c in minima parte obesse potest l. id quod nostru F. de reg jur l. jur natu cod titul l. How subjects are obliged to pay the Kings debts Subsidies the Kingdoms due rather then the Kings In how many divers notions the Seas Forts Castles Militia Road-wayes are the Kings and how more properly they are the Kingdomes
all Iudges and if either King or Iudge kill a man for the violation of the Letter of the Law when the intent of the Law contradicteth the rigid sentence he is guilty of innocent blood If that learned Ferdin Vasquez be consulted he is against this distinction of a power ordinary and extraordinary in men and certainly if you give to a King a Prerogative above a Law it is a power to do evill as well as good but there is no lawfull power to do evill and Doct. Ferne is plunged in a contradiction by this for he saith Sect. 9. pag. 58. I ask when these Emperours took away lives and goods at pleasure Was that power ordained by God No. But an illegall will and Tyranny But Pag. 61. The power though abused to execute such a wicked commandment is an Ordinance of God It is objected 1. For the lawfulnesse of an absolute Monarchy The Easterne Persian and Turkes Monarchy maketh absolute Monarchy lawfull for it is an Oath to a lawfull obligatory thing and judgment Ezech. 17. 16 18. is denounced against Iudah for breaking the Oath of the King of Babylon and it is called the Oath of God and doubtlesse was an Oath of absolute subjection and the power Rom. 13. was absolute and yet the Apostle calleth it an Ordinance of God The soveraignty of Masters over servanes was absolute and the Apostle exhorteth not to renounce that title as to ridged but exhorteth to moderation in the use of it Ans That the Persian Monarchy was absolute is but a facto ad jus and no rule of a lawfull Monarchy but that it was absolute I beleeve not Darius who was an absolute Prince as many think but I thinke not would gladly have delivered Daniel from the power of a Law and Dan. 6. 14. And he set his heart on Daniel to deliver him and he laboured till the going downe of the Sun to deliver him and was so sorrowfull that he could not breake through a Law that he interdicted himselfe of all pleasures of Musitians and if ever he had used the absolutenesse of a Prerogative Royall I conceive he would have done it in this yet he could not prevaile But in things not established by Law I conceive Darius was absolute as to me is cleare Daniel 6. v. 24. but absolute not by a Divine Law but De facto quod transierat in jus humanum by fact which was now become a lrw 2. It was Gods Oath and God tyed Iudah to absolute subjection ergo people may tye themselves It followeth not except you could make good this inference God is absolute ergo the King of Babylon may lawfully be absolute this is a blasphemous consequence 2. That Iudah was to sweare the Oath of absolute subjection in the latitude of the absolutenesse of the Kings of Chaldea I would see proved their absolutenesse by the Chaldean Lawes was to command murther Idolatry Daniel 3. 4 5. and to make wicked Lawes Dan. 6. v. 7 8. I beleeve Ieremiah commanded not absolute subjection in this sence But the contrary Ier. 10. v. 11. They were to sweare the Oath in the point of suffering but what if the King of Chaldea had commanded them all the whole holy Seed men women and children out of his Royall power to give their neckes all in one day to his sword were they obliged by this Oath to prayers and teares and only to suffer and was it against the Oath of God to defend themselves by Armes I beleeve the Oath did not oblige to such absolute subjection and though they had taken Armes in their owne lawfull defence according to the Law of Nature they had not broken the Oath of God The Oath was not a tye to an absolute subjection of all and every one either to worship Idols or then to fly or suffer death Now the Service-booke commanded in the Kings absolute authority all Scotland to commit grosser Idolatry in the intention of the work if not in the intention of the Commander then was in Babylon We read not that the King of Babylon pressed the consciences of Gods people to Idolatry or that all should either fly the Kingdome and leave their inheritances to Papists and Prelates or then come under the mercy of the sword of Papists and Atheists by sea or land 3. God may command against the Law of Nature and Gods Commandement maketh subjection lawfull so as men may not now being under that Law of God defend themselves What then Ergo we owe subjection to absolute Princes and their power must be a lawfull power it no waies is consequent Gods Commandement by Ieremiah made the subjection of Iudah lawfull and without that Commandement they might have taken Armes against the King of Babylon as they did against the Philistines and Gods Commandement maketh the Oath lawfull As suppone Ireland would all rise in Armes and come and destroy Scotland the King of Spain leading then we were by this Argument not to resist 4. Iâ— is denyed that the power Rom. 13. as absolute is Gods ordinance And I deny utterly that Christ and his Apostles did sweare non-resistence absolute to the Roman Emperour Obj. 2. It sesmeth 1 Pet. 2. 18 19. if well doing be mistaken by the reason and judgement of an absolute Monarch for ill doing and we punished yet the Magistrates will is the command of a reasonable will and so to be submitted unto because such a one suffereth by Law where the Monarches Will is a Law and in this case some power must judge Now in an absolute Monarchy all judgement resolveth in the Will of the Monarch as the supreame Law and if Ancestors have submitted themselves by Oath there is no repeale or redresment Ans Who ever was the Author of this Treatise he is a bad defender of the defensive warres in England for all the lawfulnesse of warres then must depend on this 1. Whether England be a conquered Nation at the beginning 2. If the Law-will of an absolute Monarch or a Nero be a reasonable Will to which we must submit in suffering ill I see not but we must submit to a reasonable will if it be reasonable will in doing ill no lesse then in suffering ill 3. Absolute Will in absolute Monarches is no Iudge De jure but an unlawfull and a usurping Iudge 4. 1 Pet. 2. 18 19. Servants are not commanded simply to suffer I can prove suffering formally not to fall under any Law of God but only patient suffering I except Christ who was under a peculiar commandement to suffer But servants upon supposition that they are servants and buffeted unjustly by their Masters are by the Apostle Peter commanded v. 20. to suffer patiently But it doth not bind up a servants hand to defend his owne life with weapons if his Master invade him without cause to kill him otherwise if God call him to suffer he is to suffer in the manner and way as Christ did not reviling not
threatning 4. To be a King and an absolute Master to me are contradictory a King essentially is a living Law An absolute man is a creature that they call a Tyrant and no lawfull King yet doe I not meane that any that is a King and usurpeth absolutenesse leaveth off to be a King but in so far as he is absolute he is no more a King then in so far as he is a Tyrant But further the King of England saith in a Declaration 1. The Law is the measure of the Kings Power 2. Parliaments are essentially Lord Iudges to make Lawes essentially as the King is ergo the King is not above the Law 3. Magna Charta saith the King can doe nothing but by Lawes and no obedience is due to him but by Law 4. Prescription taketh away the title of conquests Obj 3. The King not the Parliament is the Anoynted of God Ans The Parliament is as good even a Congregation of Gods Psalme 82. 1. Obj. 4. The Parliament is the Court in their Acts they say with consent of our Soveraigne Lord. Ans They say not at the Commandement and absolute pleasure of our Soveraigne Lord. 2. He is their Lord materially not as they are formally a Parliament for the King made them not a Parliament but sure I am the Parliament had power before he was King and made him King 1 Sam. 10. 17 18. Obj. 5. In an absolute Monarchy there is not a resignation of men to any will as will but to the reasonable will of the Monarch which having the law of reason to direct it is kept from injurious acts Ans If reason be a sufficient restraint and if God hath laid no other restraint upon some lawfull King yee reason Then is Migistracy a lame a needlesse ordinance of God for all Mankind hath reason to keepe themselves from injuries and so there is no need of Iudges or Kings to defend them from either doing or suffering injuries But certainly this must be admirable If God as Author of nature should make the Lyon King of all beasts the Lyon remaining a devouring beast and should ordaine by nature all the sheepe and Lambs to come and submit their corps to him by instinct of nature and to be eaten at his will and then say The nature of a beast in a Lyon is a sufficient restraint to keepe the Lyon from devouring Lambs Certainly a King being a sinfull man and having no restraint on his power but reason he may thinke it reason to allow rebells to kill drowne hang torture to death an hundred thousand Protestants men women infants in the wombe and sucking babes as is clere in Pharaoh Manasseh and other Princes Obj. 6. There is no Court or Iudge above the King ergo he is absolutely supreame Ans The Antecedent is false The Court that made the King of a private man a King is above him and here are limitations laid on him at his Coronation 2. The States of Parliament are above him to censure him 3. In case of open Tyranny though the States had not time to conveen in Parliament if he bring on his people an hoast of Spaniards or forraine Rèbells his owne conscience is above him and the conscience of the people farre more called conscientia terrae may judge him in so farre as they may rise up and defend themselves Obj. 7. Here the Prelate borrowing from Grotius Barclay Arnisaeus or it s possible he be not so farre travelled for Doct. Ferne hath the same Soveraignty weakned in Aristocracy cannot do◠its worke and is in the next place to Anarchy and confusion When Zedekiah was over Lorded by his Nobles he could neither save himselfe nor the people nor the Prophet the servant of God Ieremiah nor could David punish Ioab when he was over-awed by that power he himselfe had put in his hand To weaken the head is to distemper the whole body if any good Prince or his Royall Antecessors be cheated of their sacred right by fraud or force he may at his fittest opportunity resume it What a sinne is it to rob God or the King of their due Ans Aristocracy is no lesse an ordinance of God then Royalty for Rom. 13. 1. and 1 Tim. 2. 1. All in Authority are to be acknowledged as Gods Vice-gerents the Senate the Consuls as well as the Emperour And so one ordinance of God cannot weaken another nor can any but by a lawlesse Animall say Aristocracy bordereth with confusion but he must say Order and Light are sister Germanes to confusion and darknesse 2 Though Zedekiah a man voyd of God were over-awed with his Nobles and so could not help Ieremiah it followeth not that because Kings may not do this and this good therefore they are to be invested with power to doe all ill if they doe all the good that they have power to doe they 'l finde way to helpe the oppressed Jeremiahes and because power to doe both good and evill is given by the Divell to our Scottish Witches it s a poore consequent that the States should give to the King power absolute to be a Tyrant 3. A State must give a King more power then ordinary especially to execute Laws which requireth singular wisdom when a Prince cannot alwayes have his great Councell about with him to advise him But 1. That is power borrowed and by loan and not properly his own and therefore it is no sacriledge in the States to resume what the King hath by a fiduciary Title and borrowed from them 2. This power was given to do good not evill David had power over Joab to punish him for his murther but he executed it not upon carnall fears and abused his power to kill innocent Vriah which power neither God nor the States gave him But how proveth he the States took power from David or that Ioab took power from David to put to death a murtherer that I see not 3. If Princes power to do good be taken from them they may resume it when God giveth opportunity But this is to the Prelate Perjury that the people by Oath give away their power to their King and resume it when he abuseth it to Tyranny But it is no perjurie in the King to resume a taken away power which if it be his own is yet lis sub judice a great controversie Quod in Cajo licet in Nevio non licet So he teacheth the King That Perjurie and Sacriledge is lawfull to him If Princes power to do ill and cut the whole Land off as one neck which was the wicked desire of Caligula be taken from them by the States I am sure 1. This power was never theirs and never the peoples and you cannot take the Princes power from him which was never his power 2. I am also sure the Prince should never resume an unjust power though he were cheated of it P. Prelate It is a poor shift to acknowledge no more for the
and counsell in assisting the King in acts of Tyranny and in oppression and in shedding innocent blood yea our confession tyeth us to deny helpe and comfort to the King in these wicked acts and therefore our helpe must be in the things that pertaineth to his Royall Office and duty only otherwise we are to represse all tyranny art 14. 4 To save the lives of innocents to represse Tyranny to defend the oppressed are by our confession good workes well pleasing to God and so is this a good worke not to suffer innocent blood to be shed if we â—ay withstand it Hence it is cleare as the Sunne that our confession according to the Word of God to which King Charles did sweare at his Coronation doth oblige and tye us in the presence of God and his holy Angels to rise in Armes to save the innocent to represse Tyranny to defend the oppressed When the King induced by ill counsell sent Armies by Sea and Land to kill and destroy the whole Kingdome who should refuse such a Service-booke as they could not in conscience receive except they would disobey God renounce the confession of Faith which the King and they had sworne unto and prove perfidious Apostates to Christ and his Church what could we doe and that the same Confession considering our bonds to our deare Brethren in England layeth bonds on us to this as a good worke also not to suffer their innocent blood to be shed but to defend them when they against all Law of God of men of State of Nations are destroyed and killed For my part I judge it had been a guiltinesse of blood upon Scotland if we had not helped them and risen in Armes to defend our selves and our innocent brethren against bloody Cavaliers Adde to this what is in the 24. Article of the same Confession We confesse whosoever goeth about to take away or to confound the whole state of Civill Polity now lonâ— established we affirme the same men not only to be enemies to mankind but also wickedly to fight against Gods Will. But these who have taken Armes against the Estates of Scotland and the Princes and Rulers of the Land have laboured to take away Parliaments and the fundamentall Lawes of this Kingdome ergo c. The Confession addeth 16. We farther confesse and acknowledge that such persons as are placed in authority are to be loved honoured feared and holden in most reverent estimation because that they are Lieutenants of God in whose Sessions God himselfe doth sit and Iudge yea even the Iudges and Princes themselves to whom by God is given the sword to the praise and defence of good men and to revenge and punish all open malefactors Ergo the Parliament and Princes and Rulers of the Land are Gods Lieutenants on earth no lesse then the King by our Confession of Faith and those who resist them resist the ordinance of God Royalists say They are but the Deputies of the King and when they doe contrary to his Royall Will they may be resisted yea and killed for in so farre they are private men though they are to be honoured as Iudges when they act according to the Kings Will whose Deputies they are But I answer 1. It is a wonder that inferiour Judges should be formally Iudges in so far as they act conforme to the will of a mortall King and not in so far as they act conforme to the will of the King of Kings seeing the judgement they execute is the King of Kings and not the Iudgement of a mortall King 2 Chro. 19. 6. 2. Royalists cannot indure the former distinction as it is applyed to the King but they receive it with both hands as it is applyed to inferiour Iudges and yet certaine it is that it is as ordinary for a King being a sinfull man to act sometimes as the Lieutenant of God and sometimes as an erring and misinformed man no lesse then the inferiour Iudge acteth sometimes according to the Kings will and Law and sometimes according to his owne private way and if we are to obey the inferiour Iudge as the Deputy of the King what shall become of his Person when Cavaliers may kill him at some Edge-hill for so they mock this distinction as applyed to the King in regard of his Person and of his Royall Office and for this point our Confession citeth in the Margin Rom. 13. 7. 1 Pet. 2. 17. Psal 82. 1. which places doe clearely prove 1. That inferiour Magistrates are 1. Gods ordinances 2. Gods on earth Psal 82. 3. Such as beare the Lords sword 4. That they are not only as the Confession saith appointed for Civill policie but also for maintenance of true Religion and for suppressing of idolatrie and superstition Then it is evident to resist inferior Magistrates is to resist God himselfe and to labour to throw the sword out of Gods hands 5 Our Confession useth the same Scriptures cited by Junius Brutus to wit Ezek. 22. 1 2 3 4 5 6 7. and Ier. 22. 3. where we are no lesse then the Iewes commanded to execute judgement and righteousnesse and deliver the spoyled out of the hands of the oppressour For both the Law of God and the Civill Law saith Qui non impedit homicidium quum potest is homicidii reus est I will cast in a word of other Confessions lest we seeme to be Iesuites alone The Confession of Helvetia saith c. 30. de Magistratu Viduas pupillos afflictos asserat Every Magistrate is to defend the widow the orphan and the oppressed The French Confession saith art 40. Affirmamus ergo parendumesse Legibus Statutis solvenda Tributa subjectionis denique jugum voluntariè tolerandum etiamsi infideles fuerint Magistratus dummodo Dei summum imperium integrum illibatum maneat So cleare it is that all active obedience is due to all Magistrates and that that yoake of passive obedience is to be tolerated but conditionally with a dummodo so as the Magistrate violate not the supreme commandement of the King of Kings And we know accordingly Protestants of that Church have taken defensive armes against their King But our P. Prelate can say The Confessions of Scotland Helvetia France and all the Reformed Churches are Jesuiticall when as it was the doctrine of the Waldenses Protestants and Luther Calvin and others while as there was no Iesuite on earth The 37. Art of the Church of Englands Confession is so far from erecting an absolute power in the King that they expresly bring down the Royall Prerogative from the high seat and transcendent superlative power above the Law and expone the Prerogative to be nothing but meere Law-power We only say they ascribe that Prerogative to the King which the Scripture doth ascribe to all Godly Princes that is that they cause all committed to their trust whether Ecclesiasticall or Civill persons doe their duty and punish with the Civill sword all disobedient offenders In syntag Confess And
this they say in answer to some who beleeved the Church of England made the King the Head of the Church The Prelates Convocation must be Iesuites to this P. P. also So the 36. Article of the Belgick Confession saith of all Magistrates no lesse then of a King We know for Tyrannie of Soule and Body they justly revolted from their King Idcirco Magistratus ipsos gladio armavit ut malos quidem plectant paenis probos vero tueantur Horum porro est non modo de Civili politia conservanda esse solioitâ—s verum etiam dare operam ut sacrum Ministerium conservetur omnis Idololatria adulterinus Dei cultus è medio tollatur regnum Antichristi diruatur c. Then all Magistrates though inferiour must doe their duty that the Law of God hath laid on them though the King forbid them But by the Belgick Confession and the Scripture it is their duty to relieve the oppressed to use the sword against murthering Papists and Irish Rebels and destroying Cavaliers For shall it be a good plea in the day of Christ to say Lord Iesus we would have used thy sword against bloody Murtherers if thy Anoynted the King had not commanded us to obey a mortall King rather than the King of ages and to execute no judgement for the oppressed because he judged them faithfull Catholike subjects Let all Oxford and Cavalier Doctors in the three Kingdomes satisfie the consciences of men in this that inferior Iudges are to obey a Diviue Law with a proviso that the King command them so to doe and otherwise they are to obey Men rather then God This is evidently holden forth in the Argentine Confession exhibited by foure Cities to the Emperour Charles the Fifth An. M. D. XXX in the same very cause of innocent Defence that we are now in in the three Kingdomes of Scotland England and Ireland The Saxonick Confession exhibited to the Councell of Trent An. M. D. LI. art 23 maketh the Magistrates office essentially to consist in keeping of the two Tables of Gods Law and so what can follow hence but in so far as he defendeth Murtherers or if he be a King and shall with the sword or Armies impede inferior Magistrates for the Confession speaketh of all to defend Gods law and true Religion against Papists Murtherers and bloody Cavaliers and hinder them to execute the judgement of the Lord against evill doers He is not in that a Magistrate and the denying of obedience active or passive to him in that is no resistance to the Ordinance of God but by the contrary the King himselfe must resist the ordinance of God The Confession of Bohemia is clear art 16. Qui publico munere magistratuque funguntur quemcunque graduÌ„ teneant se non suum sed Dei opus agere sciant Hence all inferior or the supreme Magistrate what ever be their place they doe not their own work nor the work of the King but the work of God in the use of the sword Ergo they are to use the sword against bloody Cavaliers as doing Gods worke suppose the King should forbid them to doe Gods worke And it saith of all Magistrates Sunt autem Magistratuum partes ac munus omnibus ex aequo jus dicere in communem omnium usum sine personarum acceptatione pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis hanc inter turbantibus poenas sumere aliosque omnes ab eorum vi injuria vindicare Now this Confession was the faith of the Barons and Nobles of Bohemia who were Magistrates and exhibited to the Emperor An. 1535. in the cause not unlike unto ours now and the Emperor was their Soveraigne yet they professe they are obliged in conscience to defend all under them from all violence and injuries that the Emperor or any other could bring on them and that this is their office before God which they are obliged to performe as a worke of God and the Christian Magistrate is not to doe that worke which is not his own but Gods upon condition that the King shall not inhibite him What if the King shall inhibite Parliaments Princes and Rulers to relieve the oppressed to defend the Orphan the Widow the Stranger from unjust violence Shall they obey man rather than God To say no more of this Prelates in Scotland did what they could to hinder his Majestie to indict a Parliament 2. When it was indicted to have its freedome destroyed by prelimitations 3. When it was sitting their care was to divide impede and anull the course of Iustice 4. All in the P. Prelates booke tendeth to abolish Parliaments and to enervate their power 5. There were many wayes used to break up Parliaments in England And to command Iudges not to judge at all but to interrupt the course of Iustice is all one as to command unrighteous judgement Ier. 22. v. 3. 6. Many wayes have been used by Cavaliers to cut off Parliaments and the present Parliament in England The paper found in William Lauds Studie touching feares and hopes of the Parliament of England evidenceth that Cavaliers hate the Supreme seat of Iustice and would it were not in the World which is the highest rebellion and resistance made against superior Powers 1. He feareth this Parliament shall begin where the last left Ans What ever ungrate Courtier had hand in the death of King Iames deserved to come under Tryall 2. He feareth they sacrifice some man Ans If Parliaments have not power to cut off Rebels and corrupt Iudges the root of their being is undone 2. If they be lawfull Courts none needeth feare them but the guilty 3. He feareth their Consultations be long and the supply must be present Ans Then Cavaliers intend Parliaments for Subsidies to the King to foment and promote the warre against Scotland not for Iustice 2. He that feareth long and serious consultations to rip up and launce the wounds of Church and State is affraid that the wounds be cured 4. He feareth they deny Subsidies which are due by the Law of God Nature and Nations whereas Parliaments have but their deliberation and consent for the manner of giving otherwise this is to sell Subsidies not to give them Ans Tribute and the standing Revenues of the King are due by the Law of God and Nations but Subsidies are occasionall Rents given upon occasion of Warre or some extraordinary necessity and they are not given to the King as Tribute and standing Revenues which the King may bestow for his House Family and Royall Honour but they are given by the Kingdome rather to the Kingdome then to the King for the present warre or some other necessity of the Kingdome and therefore are not due to the King as King by any Law of Nature or Nations and so should not be given but by deliberation and judiciall sentence of the States and they are not sold to the King but given out by the