of Motion be larger in compasse in the one then in the other and if the King cannot give himself Royall Power but God and the people must do it how can he communicate any part of that power to inferiour Judges except by trust Yea he hath not that power that other men have in many respects 1. He may not marry whom he pleaseth for he might give his body to a Leper woman and so hurt the Kingdom 2. He may not do as Solomon and Achab marry the daughter of a strange god to make her the mother of the heir of the Crown He must in this follow his great Senate 2. He may not expose his person to hazard of Warres 3. He may not go over Sea and leave his Watch-Tower without consent 4. Many Acts of Parliament of both Kingdoms discharge Papists to come within ten miles of the King 5. Some pernicious Counsellours have been discharged 〈◊〉 company by Laws 6. He may not eat what Meats he pleaseth 7. He may not make Wasters his Treasurers 8. Nor Delapidate the Rents of the Crown 9. He may not dis-inherit his eldest son of the Crown at his own pleasure 10. He is sworn to follow no false gods and false religions nor is it in his power to go to Masse 11. If a Priest say Masse to the King by the Law he is hanged drawn and quartered 12. He may not write Letters to the Pope by Law 13. He may not by Law pardon seducing Priests and Iesuites 14. He may not take Physick for his health but from Physitians sworn to be true to him 15. He may not educate his heir as he pleaseth 16. He hath not power of his children nor hath he that power that other fathers have to marry his eldest son as he pleaseth 17. He may not befriend a Traytor 18. It is high Treason for any woman to give her body to the King except she be his married wife 19. He ought not to build sumptuous Houses without advice of his Councell 20. He may not dwell constantly where he pleaseth 21. Nor may he go to the Countrey to Hunt farlesse to kill his subjects and desert the Parliament 22. He may not confer honours and high places without his Councell 23. He may not deprive Iudges at his will 24. Nor is it in his power to be buried where he pleaseth but amongst the Kings Now in most of these twenty four points private persons have their own liberty far lesse restricted then the King QUEST XXIV What power hath the King in relation to the Law and the people And how a King and a Tyrant differ Mr. Symmons saith That Authoritie is rooted rather in the Prince then in the Law for as the King giveth Being to the inferiour Iudge so he doth to the Law it self making it authorizable for propter quod unum-quodque tale id ipsum magis tale and therefore the King is greater then the Law others say That the King is the Fountain of the Law and the sole and onely Law-giver Assert 1. The Law hath a twofold consideration 1. Secundum esse paenale in relation to the punishment to be inflicted by man 2. Secundum esse legis as it is a thing legally good in it self In the former notion it is this way true Humane Laws take life and being inway to be punished or rewarded by men from the will of Princes and Law-givers and so Symmons saith true Because men cannot punish or reward Laws but where they are made and the will of Rulers putteth a sort of stamp on a Law that it bringeth the Common-wealth under guiltinesse 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 flie 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 collaterall 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
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 pursued 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 ear but dead men and they
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 fron his Cause P. Prelate The Begardi saith There was no Government no Law given to the just It fâ—â—reth 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 Right to what men possesse Too many too confidently hold these or the like Answ. 1. That Dominion is founded upon Grace as its essentiall Pillar so as wicked men be no Magistrates because they are in mortall sin was falsly imputed to ancient Protestants the Waldenses Wickcliff and Hus by Papists and this day by Iesuites Suarez Bellarmine Becan The P. Prelate will leave them under this Calumny that he may offend Papists and Iesuites as little as he can but he would lay it on us but if the P. Prelate think that Dominion is not founded on Grace de jure that Rulers should have that spirit that God put on the seventy Elders for their Calling and that they ought not to be men fearing God and hating covetousnesse as Gerson and others did he belieth the Scripture 2. It is no errour of Gerson that beleevers have a spirituall Right to their civill possessions but by Scripture 1 Cor. 4.21 Revel 21.7 P. Prelate The Iesuites are ashamed of the errour of Casuists who hold that directum imperium the direct and primary power Supreme Civill and Ecclesiasticall is in the Pope and therefore they give an indirect directive and coercive power to him over Kings and States in ordine ad spiritualia So may he King and un-King Princes at his pleasure Our Presbyterians if they run not fully this way are very neer to it Answ. The Windy man would seem versed in School-men he should have named some Casuists who hold any like thing 2. The Presbyterians must be Popes because they subject Kings to the Gospel and Christs Scepter in Church Censures and think Christian Kings may be rebuked for blasphemy blood-shed c. Whereas Prelates in ordine ad diabolica murther souls of Kings 2. Prelates do King Princes An P. Arch-Prelate when our King was crowned put the Crown on King Charls Head the Sword and Scepter in his hand anointed him in his hands Crown shoulders arms with sacred Oyl The King must kisse the Archbishop and Bishops is not this to King Princeâ— in ordine ad spiritualia And these that Kingeth may unking and judge what relation the P. Arch-Bishop Spotwood had when he proffered to the King The Oath that the Popish Kings sweareth to maintain the professed Religion not one word of the true Protestant Religion and will carefully root out all Hereticks and enemies that is Protestants as the expone it to the true Worship of God that shall be convicted by the true Church of God of the foresaid crimes And when the Prelates professed they held not their Prelacies of the King but of the Pope indeed Who are then nearest to the Popes power in ordine ad spiritualia 3. How will this black mouthed Calumniator make Presbyterians to dethrone Kings He hath written a Pamphlet of the inconsistency of Monarchie and Presbyterian Government consisting of lies invented Calumnies of his Church in which he was baptized But the truth is all his Arguments prove the inconsistencie of Monarchs and Parliaments and transform any King in a most absolute Tyrant for which Treason he deserveth to suffer as a Traytor P. Prelate Q. 1. c. 1. The Puritan saith That all power Civill is radically and originally seated in the Communitie he here joyneth hands with the Jesuite Answ. In six pages he repeateth the same things 1. Is this such an Heresie that a Colonie casted into America by the Tyranny of P. Prelates have power to choose their own Governours all Israel was Hereticall in this for David could not be their King though designed and anointed by God 1 Sam. 16. till the people 2 Sam. 5. put forth in act this power and made David King in Hebron 2. Let the Prelate make a Syllogisme it is but ex utraque affirmante in secunda figura Logick like the bellies of the Court in which men of their own way is disgraced and cast out of Grace and Court because in this controversie of the King with his two Parliaâ—ents they are like Erasmus in Gods matters who said Lutherum nec accuso nec defendo 1. He is discourted who ever he be who is in shape like a Puritan and not fire and sword against Religion and his Countrey and Oath and Covenant with God and so it is this The Iesuite teacheth that power of Government is in the Communitie originally The Puritan teacheth that power of Government is in the Communitie originally Ergo The Puritan is a Iesuite But so the Puritan is a Iesuite because he and the Iesuite teacheth that there is one God and three persons And if the Prelate like this reasoning we shall make himself and the Prelates and Court-Divines Iesuites upon surer grounds Jesuites teach The Pope is not the Antichrist 2. Christ locally discended to Hell to free some out of that prison 3. It was sin to separate from Babylonish Rome 4. We are justified by works 5. The merit of fasting is not to be condemned 6. The Masse is no idolatry 7. The Church is the judge of controversies 8. All the Arminian points are safer to be beleeved then the contrary yea and
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. eod 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 1 Sam. 12.24 only feare the Lord 25. But if yee doe still wickedly yee shall be consumed both yee and your King And this case I grant is extraordinary yet so as Iunius Brutus proveth well and strongly that Religion is not given only to the King that he only should keepe it but to all the inferiour Iudges and people also in their kind but because the estates never gave the King power to corrupt Religion and presse a false and Idolatrous worship upon them therefore when the King defendeth not true Religion but presseth upon the people a false and Idolatrous Religion in that they are not under the King but are presumed to have no King catenus so farre and are presumed to have the power in themselves as if they had not appointed any King at all as if we presume the body had given to the right hand a power to ward off strokes and to defend the body if the right hand should by a Palsie or some other disease become impotent and be withered up when ill is comming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it selfe in this case as if the body had no right hand and had never communicated any power to the right hand at all So if an incorporation accused of Treason and in danger of the sentence of death shall appoint a Lawyer to Advocate their cause and to give in their just defences to the Iudge if their Advocate be stricken with dumbnesse because they have losed their legall and representative tongue none can say that this incorporation hath loosed the tongues that Nature hath given them so as by Natures law they may not plead in their own just
and Church and this is the Doctrine for which Royalists cry out against Master Knox of blessed memory Buchanan Iunius Brutus Bouchier 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 Gamaliels 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 primarily and naturally in the multitude from it derived to thâ— King immediatly from God The reason of which order is because we cannot reape the fruites of government unlesse by compact we submit to some possible and accidentall inconveniences Ans. 1. Who speaketh so the P. Prelate cannot name That Soveraigne power is primarily and naturally in the multitude Vertually it may be Soveraignty is in the multitude but primarily and naturally as heat is in the fire light in the Sun I thinke the P. Prelate dreamed it no man said it but himselfe for what attribute is naturally in a Subject I conceive may directly and naturally be predicated thereof Now the P. Prelate hath taught us of a very naturall predication Our Dreadful and Soveraign Lord the multitude commandeth this and this 2. This is no more a reason for a Monarchy then for a Democracy for we can reape the fruites of no government except we submit to it 3. We must submit in Monarchy saith he to some possible and accidentall inconveniences Here be soft words but is subversion of Religion Lawes and Liberties of Church and State introducing of Popery Arminianisme of Idolatry Altar-worship the Masse proved by a learned Treatise The Canterburian selfe conviction printed the 3. edit an 1641. never answered couched under the name of inconveniency The pardoning of the innocent blood of hundreds of thousand Protestants in Ireland the killing of many thousands Nobles Barons Commons by the hands of Papists in Armes agâ—inst the Law of the Land the making of England a field of blood the obtruding of an Idolatrous Service-Booke with Armies of men by Sea and Land to blocke up the Kingdome of Scotland are all these inconveniences only 4. Are they only possible and accidentall but make a Monarch absolute as the P. Prelate doth and tyranny is as necessary and as much intended by a sinfull man inclined to make a God of himselfe as it is naturall to men to sinne when they are tempted and to be drunken and giddy with honour and greatnesse witnesse the Kings of Israel and Iudah though de jure they were not absolute Is it accidentall to Nero Iulian to the ten hornes that grew out of the womans head who sate upon the scarlet colloured beast to make warre against the Lambe and his followers especially the spirit of Sathan being in them P. Prelate They inferre 1. They cannot without violation of a Divine ordinance and breach of faith resume the authority they have placed in the King 2. It were high sin to rob authority of its essentials 3. This ordinance is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and hath urgent reasons Ans. 1. These namelesse Authors cannot inferre that an Oath is broken which is made conditionally all authority given by the people to the King is conditionall that he use it for the safety of the people if it be used for their distruction they breake no faith to resume it for they never made faith to give up their power to the King upon such tearmes and so they cannot be said to resume what they never gave 2. So the P. Prelate maketh power to act all the former mischiefes the essentialls of a King Balaam he is not worthy his wages for Prophecying thus that the Kings essentialls is a power of blood and destructive to people Law Religion and liberties of Church and State for otherwise we teach not that people may resume from the King Authority and power of disarme Papists to roote out the bloody Irish and in justice serve them as they have served us 3. This ordinance of the people giving lawfull power to a King for the governing of the people in peace and godlinesse is Gods good pleasure and hath just reasons and causes But that the people make over a power to one man to act all the inconveniences above named I mean the bloody and destructive inconveniences hath nothing of God or reason in it P. Prelate The reasons of this opinion are 1. If Power soveraigne were not in one he could not have strength enough to act all necessary parts and acts of government 2. Nor to prevent divisions which attend multitudes or many indowed with equall power and the Authors say They must part with their native right entirely for a greater good and to prevent greater evills 3. To resume any part of this power of which the people have totally devested themselves or to limit it is to disable Soveraignty from government loose the sinewes of all society c. Ans. 1. I know none for this opinion but the P. Prelate himselfe The first Reason may be made rhyme but never reason for though there be not absolute power to good and ill there may be strength of limited power in abundance in the King and sufficient for all acts of just Government and the adequate end of Government which is salus populi the safetie of the people But the Royalist will have strength to be a Tyrant and act all the Tyrannicall and bloody inconveniences of which we spake an essentiall part of the power of
three Kingdoms of England Scotland and Ireland p. 446 447 448. The Parliament of Scotland doth regulate limit and set bounds to the Kings power p. 448 449 Fergus the first King not a Conquerour p. 449. The King of Scotland below Parliaments considerable by them hath no negative voice p. 450 451 seq QUEST XLIV Generall results of the former doctrine in some few Corrolaries in 22 Questions p. 454 455. Concerning Monarchy compared with other forms p. 454. How Royaltie is an issue of nature p. 454 455. And how Magistrates as Magistrates be naturall p. 455. How absolutenesse is not a Ray of Gods Majestie ibid. And resistance not unlawfull because Christ and his Apostles used it not in some cases p. 456 457. Coronation is no ceremony p. 457. Men may limit the power that they gave not p. 457 458. The Common-wealth not a pupill or minor properly p. 459. Subjects not more obnoxious to a King then Clients Vassals Children to their Superiours p. 459 460. If subjection passive be naturall p. 461. Whether King Uzziah was dethroned p. 461 462. Idiots and children not compleat Kings children are Kings in destination onely p. 462. Deniall of passive subjection in things unlawfull not dishonourable to the King more then deniall of active obedience in the same things p. 463. The King may not make away or sell any part of his Dominions p. 463 464. People may in some cases conveen without the King p. 464. How and in what meaning subjects are to pay the Kings debts p. 465. Subsidies the Kingdoms due rather then the Kings p. 465 466. How the Seas Ports Forts Castles Militia Magazeen are the Kings and how they are the Kingdoms p. 466. Lex Rex QUEST I. In what sense Government is from God I Reduce all that I am to speak of the power of Kings to the Author or efficient 2. The matter or subject 3. The form or power 4. The end and fruit of their Government And 5. to some cases of resistance Hence Quest. I. Whether Government be warranted by a divine Law The question is either of Government in generall or of the particular species of Government such as are Government by one only called Monarchy the Government by some chief leading men named Aristocracie the Government by the people going under the name of Democracie 2. We cannot but put difference betwixt the institution of the Office to wit Government and the designation of person or persons to the Office 3. What is warranted by the direction of natures light is warranted by the Law of nature and consequently by a divine Law for who can deny the Law of nature to be a divine Law That power of Government in generall must be from God I make good 1. Because Rom. 13. 1. there is no power but of God the powers that be are ordained of God 2. God commandeth obedience and so subjection of conscience to powers Rom. 13.5 Wherefore we must be subject not onely for wrath or civill punishment but for conscience sake 1 Pet. 2.13 Submit your selves to every ordinance of man for the Lords sake whether it be to the King as Supreme c. Now God onely by a divine Law can lay a band of subjection on the conscience tying men to guilt and punishment if they transgrâ—sse 2. Conclus All civill power is immediately from God in its root In that 1. God hath made man a sociall creature and one who inclineth to be governed by man then certainly he must have put this power in mans nature so are we by good reason taught by Aristotle 2. God and nature intendeth the policie and peace of mankinde then must God and nature have given to mankinde a power to compasse this end and this must be a power of Government I see not then why John Prelate Master Maxwel the excommunicate P. of Rosse who speakâ—th in the name of I. Armagh had reason to say That he feared that we fancied that the Government of Superiours was onely for the more perfit but have no Authoritie over or above the perfit Nâ—c Rex nec Lex justo posita He might have imputed this to the Brasilians who teach That every single man hath the power of the sword to revenge his own injuries as Molina saith QUEST II. Whether or not Government be warranted by the Law of nature AS domestick societie is by natures instinct so is civill societie naturall in radice in the root and voluntary in modo in the manner of coalescing Politick power of Government agreeth not to man singly as one man except in that root of reasonable nature but supposing that men be combined in societies or that one family cannot contain a societie it is naturall that they joyn in a civill societie though the manner of Union in a politick body as Bodine saith be voluntary Gen. 10.10 Gen. 15.7 and Suarez saith That a power of making Laws is given by God as a property flowing from nature Qui dat formam dat consequâ—ntia ad formam Not by any speciall action or grant different from creation nor will he have it to result from nature while men be united into one politick body which Union being made that power followeth without any new action of the will We are to distinguish betwixt a power of Government and a power of Government by Magistracy That we defend our selves from violence by violence is a consequent of unbroken and sin-lesse nature but that we defend our selves by devolving our power over in the hands of one or more Rulers seemeth rather positively morall then naturall except that it is naturall for the childe to expect help against violence from his father For which cause I judge that learned Senator Ferdinandus Vasquius said well That Princedom Empire Kingdom or Iurisdiction hath its rise from a positive and secundary law of Nations and not from the law of pure Nature The Law saith there is no law of Nature agreeing to all living creatures for superiority for by no reason in Nature hath a Boar dominion over a Boar a Lyon over a Lyon a Dragon over a Dragon a Bull over a Bull And if all Men be born equally free as I hope to prove there is no reason in 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 spâ—ciei 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 of men Suppose that societie 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
States crying God save King Salomon made Salomon King and here is a reall action of the people God is the first Agent in all acts of the Creature where a people maketh choise of a man to be their King the States doe no other thing under God but create this man rather then another and we cannot here find two actions one of God another of the people but in one and the same action God by the peoples free suffrages voices createth such a man King passing by many thousands and the people are not patientes in the action because by the authoritative choise of the States the man is made of a private man and no King a publick person and a crowned King 2 Sam. 16.18 Hushai said to Absolom nay but whom the Lord and this people and all the men of Israel choose his will I be and with him will I abide Iudg. 8.22 The men of Israel said to Gideon Rule thou over us Iudg. 9.6 The men of Sechem made Abimelech King Iudg. 11.8.11 2 King 14.21 The people made Azariah King 1 Sam. 12.1 2 Chron. 23.3 2. If God doth regulate his people in making such a man King not such a man then he thereby insinuateth that the people have a power to make such a man King and not such a man But God doth regulate his people in making a King Ergo the people have a power to make such a man King not such a man King The Proposition is cleare because Gods Law doth not regulate a non-eâ—s a meere nothing or an unlawfull power nor can Gods holy Law regulate an unlawfull power or an unlawfull action but quite abolish it and interdict it the Lord setteth not downe rules and waies how men should not commit Treason but the Lord commandeth loyalty and simply interdicteth men of treason 2. If people have then more power to create a King over themselves then they had to make Prophets then God forbidding them to choose such a man for their King should say as much to his people as if he would say I command you to make Esaiah Ieremiah Prophets over you but not these and these men This certainly should prove that not God onely but the people also with God made Prophets I leave this to the consideration of the godly The Prophets were immediatly called of God to be Prophets whether the people consented that they should be Prophets or not Therefore God immediatly and onely sent the Prophets not the people but though God extraordinarily designed some men to be Kings and annoynted them by his Prophets yet were they never actually installed Kings till the people made them Kings I prove the assumption Deut. 17. 14. When thou shalt say I will set a King over me like all the nations round about me 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 King over thee thou maist not set a stranger over thee which is not thy brother Should not this be an unjust charge to the people if God onely without any action of the people should immediatly set a King over them Might not the people reply We have no power at all to set a King over our selves no more then we have power to make Esaiah a Prophet who saw the visions of God to what end then should God mocke us and say make a brother and not a stranger King over you 3. Expresly Scripture saith that the people made the King though under God Iudg. 9.6 The men of Sechem made Abimelech King 1 Sam. 11.15 And all the people went to Gilgall and there they made Saul King before the Lord 2 King 10.5 We will not make any King This had been an irrationall speech to Iehu if both Iehu and the people held the Royalists Tenet that the people had no power to make a King nor any active or causative influence therein but that God immediatly made the King 1 Chron. 12.38 All these came with a perfect heart to make David King in Hebron and all the rest were of one heart to make David King on the words Lavater saith the same way are Magistrates now to be chosen now this day God by an immediate Oracle from Heaven appointeth the Office of a King but I am sure he doth not immediatly designe the man but doth onely mark him out to the people as one who hath the most royall indowments and the due qualifications required in a lawfull Magistrate by the Word of God Exod. 18.21 Men of truth hating covetousnesse c. Deut. 1.16 17. men who will judge causes betwixt their brethren righteously without respect of persons 1 Sam. 10.21 Saul was chosen out of the Tribes according to the Law of God Deut. 17. they might not choose a stranger and Abulensis Serrarius Câ—rnelius a lapide Sancheiz and other Popish Writers think that Saul was not onely anoynted with Oyle first privately by Samuel 1 Sam. 10.1 2. but also at two other times before the people once at Mizpeh and another time at Gilgal by a Parliament and a Convention of the States and Samuel judged the voices of the people so essentiall to make a King that Samuel doth not acknowledge him as formall King 1 Sam. 10.7 8 17 18 19. though he honoured him because he was to be King 1. Sam. 9 23 24. while the Tribes of Israel and Parliament were gathered together to make him King according to Gods Law Deut 17. as is evident For Samuel v. 20. caused all the Tribes of Israel to stand before the Lord and the Tribe of Benjamin was taken the Law provided one of their owne not a stranger to raigne over them and because some of the States of Parliament did not choose him but being children of Belial despised him in their heart v. 27. therefore after King Saul by that victory over the Ammonites had conquered the affections of all the people fully v. 10 11. Samuel would have his coronation election by the Estates of Parliament renewed at Gilgall by all the people v. 14 15. to establish him King 2. The Lord by Lots found out the Tribe of Benjamin 3. The Lord found out the man by name Saul the sonne of Kish when he did hide himselfe amongst the staffe that the people might doe their part in creating of the King whereas Samuel had annoynted him before but the Text saith expresly that the people made Saul King and Calvin Martyr Lavater and Popish Writers as Serrarius Mendoza Sancheiz Cornelius a Lapide Lyâ—anus Hugo Cardinalis Carthusius Sanctius doe all hence conclude that the people under God make the King I see no reason why Barclaius should here distinguish a power of choosing a King which he granteth the people hath and a power of making a King which he saith is only proper to God Answ. Choosing of a King is either a comparative crowning of this man not this man and
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 woâ—shâ—pping 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 Fathers 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 Author 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 raysing 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 Cor. 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 dâ—signed 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 hâ—ve 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 industrie 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 to be Pastor should not be from the Church and from men as the Prelate denyeth that either the constitution or designation of the King is from the people but from God onely 2. I beleeve the infusion of the spirit of God upon the Iudges will not prove that Kings are now both constituted and designed of God solely onely and immediatly for the Iudges were indeed immediatly and for the most part extraordinarily raised up of God and God indeed in the time of the Iewes was the King of Israel in another manner then he was the King of all the nations and is the King of Christian Realmes now and therefore the peoples despising of Samuel was a refusing that God should reigne over them because God in the Iudges revealed himselfe even in matters of Policy as what should be done to the man that gathered sticks on the Sabbath day and the like as he doth not now to Kings P. Prelate Soveraigntie is a ray of divine glory and majestieâ— but this cannot be found in people whether you consider them joyntly or singly if you consider them singly it cannot be in every individuall man for Sectaries say That all are born equall with a like freedom and if it be not in the people singly it cannot be in them joyntly for all the contribution in this compact and contract which they fancie to be humane composition and voluntary
vulgar c. 3. Every action of Christ is our instruction Christ was truely a born King notwithstanding when the people would make him a King he disclaimed it he would not be an arbiter betwixt two brethren differing Answ. I am not to follow the Prelates order every way though God willing I shall reach him in the fore-going Chapters Nor purpose I to answer his treasonable railing against his own Nation and the Iudges of the Land whom God hath set over this seditious excommunicated Apostate He layeth to us frequently the Iesuites Tenets when as he is known himself to be a Papist In this Argument he saith Abimelech did reigne onely three yeers well neer Anti-Christs reign Is not this the basis and the mother principle of Popery That the Pope is not the Antichrist for the Pope hath continued many ages 1. He is not an individuall man but a race of men but the Antichrist saith Belarmine Stapleton Becanus and the nation of Iesuites and Poplings shall be one inviduall man a born Iew and shall reign onely three yeers and a half But 1. The Argument from successe proveth nothing except the Prelate prove their bad successe to be from this because they were chosen of the people When as Saul chosen of God and most of the Kings of Israel and Judah who undeniably had Gods calling to the Crown were not blessed of God and their Government was a ruine to 〈◊〉 people and Religion as the people were removed to all the Kingdoms of the earth for the sins of Manasseh Iere. 15.4 Was therefore Manasseh not lawfully called to the Crown 2. For his instance of Kings unlawfully called to the Crown he bringeth us whole two and telleth us that he doubteth as many learned men do Whether Ieroboam was a King by permission onely or by a commission from God 3. Abimelech was cursed because he wanted Gods calling to the throne for then Israel had no King but Iudges extraordinarily raised up by God and God did not raise him at all only he came to the throne by blood and carnall reasons moving the men of Sechem to advance him The Argument presupposeth that the whole lawfull calling of a King is the voices of the people This we never taught though the Prelate make conquest a just title to a Crown and it is but a title of blood and rapine 4. Abimelech was not the first King but onely a Iudge all our Divines with the Word of God maketh Saul the first King 5. For Ieroboam he had Gods Word and Promise to be King 1 King 11.34 35 37 38. But in my weak judgement he waited not Gods time and way of coming to the Crown but that his coming to the throne was unlawfull because he came by the peoples election is in question 5. That the peoples Reformation and their making a new King was like the Kingdom of Scotlands Reformation and the Parliament of Englands way now is a traiterous calumny For 1. It condemneth the King who hath in Parliament declared all their proceedings to be legall Rehoboam never declared Ieroboams Coronation to be lawfull but contrary to Gods Word made war against Israel 2. It is false that Israel pretended Religion in that change the cause was the rough answer given to the supplication of the Estates complaining of their oppression they were under in Solomons reign 3. Religion is still subjected to policie by Prelates and Caveliers not by us in Scotland who sought nothing but Reformation of Religion of Laws so far as they serve Religion as our Supplications Declarations and the event proveth 4. We have no new Calves new Altars new Feasts but professe and really do hazard life and estate to put away the Prelates Calves Images Tree-worship Altar-worship Saints Feast-dayes Idolatry Masses and nothing is said here but Jesuites and Cananites and Baalites might say though falsly against the Reformation of Iosiah Trueth and purity of worship this yeer is new in relation to Idolatry the last yeer but it is simpliciter older 5. We have not put away the Lords Priests and Levites and taken in the scum of the vulgar but have put away Baals Priests such as excommunicated Prelate Maxwel and other Apostates and resumed the faithfull servants of God who were deprived and banished for standing to the Protestant Faith sworn too by the Prelates themselves 6. Every action of Christ such as his walking on the Sea is not our instruction in that sense that Christs refusing a Kingdom is directly our instruction And did Christ refuse to be a King because the people would have made him a King that is non causa pro causa he refused it because his Kingdom was not in this world and he came to suffer for men not to reign over man 7. The Prelate and others who were Lords of Session and would be Iudges of mens Inheritances and would usurpe the sword by being Lords of Counsell and Parliament have refused to be instructed by every Action of Christ who would not judge betwixt brother and brother P. Prelate Jephtah came to be a Iudge by Covenant betwixt him and the Gileadites here you have an interposed Act of man yet the Lord himself in authorizing him as Iudge vindicateth it no lesse to himself then when extraordinarily he authorized Gideon and Samuel 1 Sam. 12.11 Ergo whatsoever act of man interveeneth it contributeth nothing to Royall Authority it cannot weaken or repeal it Answ. It was as extraordinary that Jepthah a bastard and the sonne of an harlot should be Iudge as that Gideon should be Iudge God vindicateth to himselfe that he giveth his people favour in the eyes of their enemies but doth it follow that the enemies are not agents and to be commended for their humanitie in favouring the people of God So Psal. 65.9 10. God maketh corne to grow therefore clouds and earth and sun and summer and husbandry contributeth nothing to the growing of corne But this is but that which he said before We grant that this is an eminent and singular act of Gods speciall providence that he moveth and boweth the wills of a great multitude to promote such a man who by nature commeth no more out of the wombe a crowned King then the poorest shepherd in the land and it is an act of grace to endue him with heroick and royall parts for the government But what is all this doth it exclude the peoples consent in no wayes So the works of supernaturall grace as to love Christ above all things to beleeve in Christ in a singular manner are ascribed to the rich grace of God but can the Prelate say that the understanding and will in these acts are meere patients and contribute no more then the people contributeth to Royall authority in the King and that is just nothing by the Prelates way And we utterly deny that as water in baptisme hath no action at all in the working of remission of sinnes so the people
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. con 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 WIthout 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 hic nunâ— for typicall reasons with reverence of the learned a King by birth 2 Assert But to speake of them ex natura reâ— 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 ultimate 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 â—e 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 no politique power whereby they may lay a command on others but onely a naturall power of private resistance which they cannot use against the Magistrate Ans. But to take off those by the way 1. If the King may choose A. B. an Ambassadour and limit him in his power and say Doe this and say this to the forraigne State you goe to but no more halfe a wit will say the King createth the Ambassadour and the Ambassadours power is originally from the King and we prove the power of the Lyon is originally from God and of the Sea and the fire is originally from God because God limiteth the Lyon in the exercises of its power that it shall not devoure Daniel and limiteth the Sea as Ieremiah saith when as he will have its proud Waves to come thither and no farther and will have the fire to burne those who throwe the three Children into the fiery furnace and yet not to burne the three Children for this is as if Doctor Ferne said the power of the King of six degrees rather then his power of five is from the people therefore the power of the King is not from the people yea the contrary is true 2. That the people can make a King supreame that is Absolute and so resigne natures birth-right that is a power to defend themselves is not lawfull for if the people have not absolute power to destroy themselves they cannot resigne such a power to their Prince 3. It is false that a community before they be established with formall Rulers have
father as a father hath not power of the life of his child as a Magistrate he may have power and as something more then a father he may have power of life and death I heare not what Grotius saith Those who are not borne have no accidents and so no rights Non entis nulla sunt accidentia then Children not borne have neither right nor liberty and so no injury may some say can be done to Children not borne though the fathers should give away their liberty to the conquerour those who are not capable of Law are not capable of injury contrary to Law Ans. There is a virtuall alienation of rights and lives of children not borne unlawfull because the children are not borne to say that children not borne are not capable of law and injuries virtuall which become reall in time might say Adam did not an injury to his posterity by his first sin which is contrary to Gods Word so those who vowed yearely to give seven innocent children to the Minotaure to be devoured and to kill their children not borne to bloody Molech did no acts of bloody injury to their children nor can any say then that fathers cannot tye themselves and their posterity to a King by succession but I say To be tyed to a lawfull King is no making away of liberty but a resigning of a power to be justly governed protected and awed from active and passive violence 7. No lawfull King may be dethroned nor lawfull Kingdome dissolved but Law and reason both saith Quod vi partum est imperium vi dissolvi potest Every conquest made by violence may be dissolved by violence Censetur enim ipsa natura jus dare ad id omne sine quo obtineri non potest quod ipsa imperat It is objected that the people of God by their sword conquered seven nations of the Canaanites David conquered the Ammonites for the disgrace done to his Embassadours So God gave Egypt to Nebuchadnezar for his hire in his service done against Iudah had David no right over the Ammonites and Moabites but by expecting their consentâ— yee will say A right to their lands goods and lives but not to challenge their morall subjection well we doubt not but such conquerours will challenge and obtain their morall consent but if the people refuse their consent is there no way for providence giveth no right So D. Ferne so Arnisaeus Ans. A facto ad jus non valeâ— consequentia God to whom belongeth the world and the fulnesse thereof disponed to Abraham and his seed the Land of Canaan for their inheritance and ordained that they should use their bow and their sword for the actuall possession thereof and the like divine right had David to the Edomites and Ammonites though the occasion of Davids taking possession of these Kingdoms by his sword did arise from particular and occasionall exigences and injuries but it followeth in no sort That therefore Kings now wanting any word of promise and so of divine right to any Lands may ascend to the Throns of other Kingdoms then their own by no better title then the bloody sword That Gods will was the chief patent here is clear in that God forbad his people to conquer Edom or Esau's possession when as he gave them command to conquer the Ammorites I doubt not to say if Joshua and David had had no better title then their bloody sword though provoked by injuries they could have had no right to any kingly power over these Kingdoms and if onely successe by the sword be a right of providence it is no right of precept Gods providence as providence without precept or promise can conclude a thing is done or may be done but cannot conclude a thing is lawfully and warrantably done else you might say the selling of Joseph the crucifying of Christ the spoiling of Job were lawfully done 2. Though Conquerors extort consent and oath of Loyaltie yet that maketh not over a Royall right to the Conquerour to be King over their posterity without their consent 3. Though the Children of Ammon did a high injury to David yet no injury can be recompensed in justice with the pressure of the constrained subjection of Loyaltie to a violent Lord if David had not had an higher warrant from God then an injury done to his messengers he could not have conquered them But 1. the Ammonites were the declared enemies of the Church of God and raised forces against David when they themselves were the injurer's and offenders and if Davids Conquest will prove a lawfull title by the sword to all Conquerours then may all Conquerours lawfully do to the conquered people as David did that is they may put them under saws and under harrows of iron and under axes of iron and cause them passe through the Brick-kilne But I beseech you will Royalists say that Conquerours who make themselves Kings by their sword and so make themselves fathers heads defenders and feeders of the people may use the extreamest Tyranny in the world such as David used against the children of Ammon which he could not have done by the naked title of sword-conquest if God had not laid a Commandment of an higher nature on him to serve Gods enemies so I shall then say if a conquering King be a lawfull King because a Conquerour then hath God made such a lawfull King both a father because a King and a Tyrant and cruell and lyon-hearted oppressour of these whom he hath conquered for God hath given him Royall power by this example to put these to whom he is a father and defender by office to torment and also to be a torturer of them by office by bringing their backs under such Instruments of crueltie as saws and harrows of iron and axes of iron QUEST XIII Whether or no Royall dignitie have its spring from nature and how that is true every man is born free and how servitude is contrary to nature I Conceive it to be evident that Royall dignity is not immediately and without the intervention of the peoples consent given by God to any one person 2. That conquest and violence is no just title to a Crown Now the question is If Royalty flow from nature if Royalty be not a thing meerly naturall neither can subjection to Royall power be meerly naturall but the former is rather civill then naturall and the question of the same nature is Whether subjection or servitude be naturall I conceive that there be divers subjections to these that are above us some way naturall and therefore I rank them in order thus 1. There is a subjection in respect of naturall being as the effect to the cause so though Adam had never sinned this morality of the fifth command should have stood in vigour that the son by nature without any positive Law should have been subject to the father because from him he hath his being as from a second cause But I much
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 breachcs 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 beneficio 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 cadit 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. 13.1.2 and the law of Nature and therefore they having made such a man their King they have given him power to be their father feeder healer protector and so must only have made him King conditionally so he be a father a feeder and tutor Now if this deed of making a King must be exponed to be an investing with an absolute and not a conditionall power this fact shall be contrary to Scripture and to the law of Nature for if they have given him Royall power absolutely and without any condition they must have given to him power to be a father protector tutor and to be a tyrant a murtherer a bloody lyon to waste and destroy the people of God 3. The Law permitteth the bestower of a benefit to interpret his own mind in the bestowing of a benefit even as a King and State must expone their own Commission given to their Ambassadour so must the Estates expone whether they bestowed the Crown upon the first King conditionally or absolutely For the 4th if it stand then must the people give to their first elected King a power to wast and destroy themselves so as they may never controle it but only leave it to God and the King to reckon together but so the condition is a Chimera We give you a Throne upon condition you swear by him who made heaven and earth that you will govern us according to Gods Law and you shall be answerable to God only not to us whether you keep the covenant you make with us or violate it but how a covenant can be made with the people and the King obliged to God not to the people I conceive not 2. This presupposeth that the King as King cannot doe any sin or commit any act of tyranny against the people but against God only because if he be obliged to God only as a
of a beast though he be obliged by a naturall obligation being a rationall Creature in regard of the law of nature L. naturaliter L. si id quod L. interdum F. de conà indebit cum aliis 2. The subject could not by Solomon be forbidden to be suretie for his friend as King Solomon doth counsell Prov. 6.1 2 3. he could not be condemned to bring on himself poverty by sluggishnesse as Prov. 6.6 7 8 9 10. nor were he to honour the Lord with his riches as Prov. 3.9 nor to keep his Covenant though to his losse Psal. 15.4 nor could he be mercifull and lend Psal. 37.26 nor had he power to borrow nor could he be guiltie in not paying all again Psal. 37.21 For subjects under a Monarch can neither perform a duty nor fail in a duty in the matter of Goods If all be the Kings what power or dominion hath the subject in disposing of his Princes Goods See more in Petr. Rebuffus tract congruae portionis num 225. pag. 109 110. Sed quoad dominium rerum c. QUEST XVII Whether or not the Prince have properly a fiduciarie and ministeriall power of a Tutor Husband Patron Minister head father of a family not of a Lord or dominator THat the power of the King is fiduciarie that is given to him immediatly by God in trust Royallists deny not but we hold that the trust is put upon the King by the people 2. We deny that the people give themselves to the King as a gift for what is freely given cannot be taken againe but they gave themselves to the King as a pawne and if the pawne be abused or not used in that manner as it was conditionated to be used the party in whose hand the pawne is intrusted faileth in his trust 1. Assertion The King is more properly a Tutor then a Father 1. Indigencie is the originall of Tutors the Parents dye what then shall become of the Orphan and his inheritance he cannot guide it himselfe therefore nature devised a Tutor to supply the place of a father and to governe the Tutor but with this consideration the father is Lord of the inheritance and if he be distressed may sell it that it shall never come to the sonne and the father for the bad deserving of his sonne may dis-inherite him but the Tutor being but a borrowed father cannot sell the inheritance of the pupill nor can he for the pupills bad deserving by any dominion of Justice over the pupill take away the inheritance from him and give it to his owne son so a Community of it selfe because of sin is a naked society that can but destroy it selfe and every one eate the flesh of his brother therefore God hath appointed a King or governour who shall take care of that community rule them in peace and save all from reciprocation of mutuall acts of violence yet so as because a trust is put on the Ruler of a community which is not his heritage he cannot dispose of it as he pleaseth because he is not the proper owner of the inheritance 2. The Pupill when he commeth to age may call his Tutor to an accompt for his administration I doe not acknowledge that as a truth which Arnisaeus saith De authoritate prin c. 3. n. 5. The Common-wealth is alwaies minor and under Tutory because it alway hath need of a curator and governour and can never put away its governour buâ— the pupill may grow to age and wisedome so as he may be without all Tutors and can guide himselfe and so may call in question his Tutor and the pupill cannot be his Iudge but must stand to the sentence of a superiour Iudge and so the people cannot judge or punish their Prince God must be Iudge betwixt them both But this is 1. a begging of the question every comparison halteth no community but it is Major in this that it can appoint its owne Tutors and though it cannot be without all Rulers yet it may well be without this or that Prince and Ruler and therefore may resume its power which it gave conditionally to the Ruler for its owne safety and good and in so farre as this condition is violated and power turned to the destruction of the Common-wealth it is to be esteemed as not given and though the people be not a politique Iudge in their owne cause yet in case of manifest oppression nature can teach them to oppose defensive violence against offensive a community in its politique body is also above any Ruler and may judge what is manifestly destructive to it selfe Obj. The Pupill hath not power to appoint his owne Tutor nor doth he give power to him so neither doth the people give it to the King Ans. The Pupill hath not indeed a formall power to make a Tutor but he hath vertually 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 Ana'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. Ans. 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
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 act 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 hâ— 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 aâ— a slave for after he hath resigned his liberty he cannot repent he
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 shâ—ep 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 coÌ„mand 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 Iudge 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 fâ—om God if they be just acts they are to obey them and cannot retract Commissions to make just Orders Illud tantum possumus quod â—ure possumus and therefore as power to governe justly is irrevocably committed by the three estâ—tes 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 jâ—st 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 have 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 holdeâ—h 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 efâ—icit 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 thus 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 Fountaine 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 quod non posset alienare imperium oppida urbes regionésve vel res subditorum bonà 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 prejudicium 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 originally 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 and 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 then ergo a Communitie is not King I grant all But poore man Ergo the power of making a King who hath power of life and death is not in the people It is like Prelates logick Samuel is not a King ergo he cannot make David a King It followeth not by the Prelates ground So the King is not an in inferiour Iudge What ergo he cannot make an inferiour Iudge 9. The power of life and death is eminently and virtually in the people collectively taken though not formally And though no man can take away his own life or hath power over his own life formally yet a man and a body of men hath power over their own lives radically and virtually in respect they may render themselves to a Magistrate and to Lawes which if they violate they must be in hazard of their lives and so they virtually have power of their own lives by putting them under the power of good lawes for the peace and safety of the whole 10. This is a weake consequence None hath power of his owne life Ergo far lesse of his neighbours saith the Prelate I shall denie the consequence The King hath not power of his own life that is according to the Prelates mind he can neither by the law of nature nor by any Civill law kill himselfe Ergo the King hath far lesse power to kill another It followeth not for the Iudge hath more power over his neighbours life then over his own 11. But saith the P. Prelate The Communitie conceived without government all as equall endowed with natures and native libertie hath no power of life and death because all are borne free and so none is borne with dominion and power over his neighbours life Yea but so Mr. P. Prelate a King considered without government and as born a free man hath not power of any mans life more then a Communitie hath for King and Begger are borne both alike free But a Communitie in this consideration as they come from the wombe have no Politique consideration at all If you consider them as without all policie you cannot consider them as invested with policie yea if you consider them so as they are by nature voyd of all policie they cannot so much as adde their after-consent and approbation to such a man to be their King whom God immediately from heaven maketh a King for to adde such an after-consent is an
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 legitimae 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 Prerogative out of Vlpians words who saith â—hat 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 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 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 Musiâ—ians 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 exeept 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 â—eares 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 sly 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 sly 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 the 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. It 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 Magistracy 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 Rebells 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
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 ei 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 jus n. 55. Paris de puteo iu 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 ideus 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 connveniencie 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 sâ—ntence 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
positive covenant made with him To finde out the essentiall difference betwixt a King and a Tyrant We are to observe that it is one thing to sin against a man another thing against a Stat◠David killing Vriah committed an act of murther But on this supposition that David is not punished for that murther he did not so sin against the State and Catholike good of the State that he turneth Tyrant and ceaseth to be a lawfull King A Tyrant is he who habitually sinneth against the Catholike good of the Subjects and State and subverteth Law Such a one should not be as Jason of whom it is said by Aeneas Silvius Graviter ferebat si non regnaret quasi nesciret esse privatus When such as are monstrous Tyrants are not taken away by the Estates God pursueth them in wrath Domitian was killed by his own Family his wife knowing of it Aurelianus was killed with a thunder-bolt Darius was drowned in a River Dioclesian fearing death poysoned himself Salerius died eaten with Worms The end of Herod and Antiochus Maxentius was swallowed up in a standing River Iulian died being stricken through with a Dart thrown at him by a man or an Angel it is not known Valens the Arian was burnt with fire in a little Village by the Gothes Anastasius the Eutychian Emperour was stricken by God with thunder Gundericus Vandalus when he rose against the Church of God being apprehended by the Divell died Some time the State have taken order with Tyrants The Empire was taken from Vitellius Heliogabalus Maximinus Didius Iulianus So was the two Childerici of France served So were also Sigebertus Dagabertus and Lodowick the 11. of France Christiernus of Denmark Mary of Scotland who killed her husband and raised Forces against the Kingdom So was Henricus Valesius of Pol for fleeing the Kingdom Sigismundus of Pol for violating his faith to the States QUEST XXV What force the Supreme Law hath over the King even that Law of the Peoples safetie called Salus Populi THe Law of the 12. Tables is Salus populi Suprema lex The safetie of the People is the supreme and Cardinall law to which all Lawes are to stoope And that from these Reasons 1. Originally Because if the People be the first Author Fountaine and Efficient under God of Law and King then their own safetie must be principally sought and their safetie must be farre above the King as the safetie of a Cause especially of an universall Cause such as is the People must be more then the safetie of one as Aristotle saith l. 3. polit alias l. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The part cannot be more excellent then the whole nor the effect above the cause 2. Finaliter This Supreme law must stand for if all Law Policie Magistrates and Power be referred to the peoples good as the end Rom. 13.4 and to their quiet and peaceable life in godlinesse and honestie then must this Law stand as of more worth then the King as the end is of more worth then the meanes leading to the end for the end is the measure and rule of the goodnesse of the meane and finis ultimus in influxu est potentissimus The King is good because he conduceth much for the safetie of the People Ergo the safetie of the people must be better 3. By way of limitation Because no Law in its letter hath force where the safetie of the Subject is in hazard and if Law or King be destructive to the people they are to be abolished This is cleare in a Tyrant or a wicked man 4. In the desires of the most holy Moses a Prince desired for the safetie of Gods people and rather then God should destroy his people that his name should be razed out of the booke of life And David saith 1 Chron. 21.17 Let thine hand I pray thee O Lord my God be on me and on my fathers house but not on thy people that they should be plagued This being a holy desire of these two publick Spirits the object must be in it selfe true and the safetie of Gods people and their happinesse must be of more worth then the salvation of Moses and the life of David and his Fathers house The Prelate borroweth an answer to this for he hath none of his own from D. Ferne. The safetie of the Subjects is the prime end of the constitution of Government but it is not the sole and adequate end of government in Monarchie for that is the safetie of both King and People And it beseemeth the King to proportion his lawes for their good and it becommeth the People to proportion all their obedience actions and endeavours for the safetie honour and happinesse of the King It 's impossible the people can have safetie when Soveraigntie is weakened Ans. The Prelate would have the other halfe of the end why a King is set over a People to be the safetie and happinesse of the King as well as the safetie of the People This is new Logick indeed that one and the same thing should be the meane and the end The question is For what end is a King made so happy as to be exalted King The Prelate answereth He is made happy that he may be happy and made a King that he may be made a King Now is the King as King to intend this halfe end that is Whether or no accepteth he the burden of setting his head and shoulders under the Crowne for this end that he may not only make the people happy but also that he may make himselfe rich and honorable above his brethren and enrich himselfe I beleeve not but that he feed the people of God For if he intend himselfe and his own honour it is the intention of the man who is King and intentio operantis but it is not the intention of the King as the King or intentio operis The King as a King is formally and essentially the Minister of God for our good Rom. 13.4 1 Tim. 2.2 and cannot come under any notion as a King but as a mean not as an end nor as that which he is to seeke himselfe I conceive God did forbid this in the moulding of the first King Deut. 17.18 19 26. He is a minister by office and one who receiveth honour and wages for this worke that ex officio he may feed his people But the Prelate saith the people are to intend his riches and honour I cannot say but the people may intend to honour the King but that is not the question whether the people be to referre the King and his government as a meane to honour the King I conceive not But that end which the people in obeying the King in being ruled by him may intend is 1 Tim. 2.2 That under him they may lead a quiet and a peaceable life in all Godlinesse and honestie And Gods end in giving a King is the good and safetie of
disobedience to a Law seeing all Law-direction is in â—rdine ad obedientiam in order to obey except thus far that the light that is in the civil Law is a morall or naturall guide to conduct a King in his walking but this is the morality of the Law which inlightneth and informeth not any obligation that aweth the King and so the King is under Gods and Natures Law this is nothing to the purpose 3. Assert The King is under the Law in regard of some coercive limitation 1. Because there is no absolute power given to him to do what he listeth as a man And because 2. God in making Saul a King doth not by any Royall stamp give him a power to sin or to play the Tyrant for which cause I expone these of the Law Omnia sunt possibilia Regi Imperator omnia potest Baldus in § F. de no. for fidel in F. in prima constitut C. col 2. Chassanaeus in Catalog gloriae mundi par 5. considerat 24. tanta est ejus celsitudo ut non posset ei imponi lex in regno suo Curt. in consol 65. col 6. ad F. Petrus Rebuff Notab 3. repet l. unicae C. de sentent quae pro eo quod nu 17. pag. 363. All these go no otherwise but thus The King can do all things which by Law he can do and that holdeth him id possumus quod jure possumus And therefore the King cannot be above the Covenant and Law made betwixt him and his people at his Coronation-oath for then the Covenant and Oath should binde him onely by a naturall obligation as he is a man not by a civil or politique obligation as he is a King So then 1. it were sufficient that the King should swear that Oath in his Cabinet-chamber and it is but a mocking of an Oath that he swear it to the people 2. That Oath given by the Representative-Kingdom should also oblige the Subjects naturally in foro Dei not politically in foro humano upon the same reason 3. He may be resisted as a man 4. Assert The fourth case is if the King be under the obliging politique coaction of civil Laws for that he in foro Dei be under the morality of civil Laws so as he cannot contraveen any Law in that notion but he must sin against God is granted on all hands Deut. 17.20 Iosh. 1.8 1 Sam. 12.15 That the King binde himself to the same Law that he doth binde others is decent and obligeth the King as he is a man 1. Because Matth. 7.12 It is said to be the Law and the Prophets All things whatsoever ye would men should do unto you do ye even so to them 2. It is the Law Jmperator L. 4. digna vâ—x C. de lege tit Quod quisque juris in alium statuit eodem ipse utatur Iulius Caesar commanded the youth who had defloured the Emperours daughter to be scourged above that which the Law allowed The youth said to the Emperour Dixisti legem Caesar You appointed the Law Caesar. The Emperor was so offended with himself that he had failed against the Law that for the whole day he refused to taste meat Assert 5. The King cannot but he subject to the coactive power of Fundamentall Laws Because this is a Fundamentall Law that the free Estates lay upon the King that all the power that they give to the King as King is for the good and safety of the 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 it 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
obedience is no where commanded but onely modus rei the manner of suffering and the occasion of the commandement here it is thought that the Iewes converted under this pretext that they were Gods people beleeved that they should not be subject to the Romans A certaine Galilean made the Galileans beleeve that they should not pay tribute to Strangers and that they should call none Lord but the God of heaven as Ioseph saith Antiq. Iudaic. l. 20. c. 2. and De bell Iudaic. l. 7. c. 29. yea and Hieron Com. in 3. Tit. saith At this time the sect of the Galileans were on foot It is like the Jews were thought to be Galileans and that their liberty purchased in Christ could not consist with the order of master and servant King and subject And to remove this Paul establisheth Magistracie and commandeth obedience in the Lord and he is more to prove the office of the Magistrate to be of God then any other thing and to shew what is his due then to establish absolutenesse in Nero to be of God yea to me every word in the Text speaketh limitednesse of Princes and cryeth downe absolutenesse 1. No power of God 2. No ordinance of God 3. Who is a terror to evill but a praise to good works 4. No miniâ—ter of God for good c. can be a power to which we submit our selves on earth as next unto God without controlment 5. That passive obedience falleth formally under no commandement of God I prove thus All obedience lyable to a divine commandement doth commend morally the performer of obedience as having a will conformed to Gods morall Law and deformity betwixt the will of him who performeth not obedience involveth the non-obedient in wrath and guiltinesse But non-passive subjection to the sword of the Judge doth not morally commend him that suffâ—reth not punishmâ—nt for no man is formally a sinner against a morall law because he suffereth not the ill of puâ—ishment nor is he morally good or to be commended becâ—use hee suffereth ill of punishment but beâ—ause he doth the ill â—f sin And all evil of punishment uâ—justly inflicted hath Gods volunâ—as beneplaciti the instrumenâ—all and hidden dâ—cree oâ— God which orderâ—th both good and ill Ephes. 1.11 for its rule and cause and hath not Gods will of approbation called voluntas signi for its rule both is contrary to that will I am sure Epiphanius li. 1. tom 3. heres 40. Basilius in Psal. 32. Nazianzen Orat. ad subd imperat Hilar. li. ad Constant. August citeth these words and saith the same If then passive subjâ—ction be not commanded non subjâ—ction passive cannot be forbidden and this text Rom. 13. and 1 Pet. 2. cannot a whit help the bad cause of Royalists All then must be reduced to some action of resisting arguments for passive subjection though there were ship-fulls of them they 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 naturâ— 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 war â—n Davids part was meere defensive for physicall actions of killing indifferent of themselves yet impâ—rated 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 unsuâ—able 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 natura rei 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 unjustly 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
Sauls emissaries Because then he should have been in an immediate and nearest posture of actuall self-defence Now the case is farre otherwayes between the King and the two Parliaments of England and Scotland for the King is not 1. Sleeping in his emissariâ—s for he hath armies in two kingdomes and now in threâ— kingdomes by sea and land night and day in actuall pursuit not of one David but of the estates and a Christian community in England and Scotland and that for Religions Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrâ—ry or Tyranicall government and law-government and Therefore by both the Lawes of the politique societies of both Kingdomes and by the Law of God and nature we are to use violent re-offâ—nding for sâ—lf-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the suffâ—r â—awes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoâ—nted my Master the King concludeth universally that the King in his most Tyrannous acts still remaining the Lords Anoynted cannot be resisted Ans. 1. David speaketh of stretching out his haâ—d against the person of King Saul no man in the three Kingdomes did so much as attempt to do violence to the Kings person But this argument 2. is inconsequent for a King invading in his own Royall person the innocent subject 1. Suddainly 2. Without colâ—ur of Law and reason 3. Unavoidably may be personally resistâ—d and that with opposing a violence bodily yet in that invasion he remaineth the Lords Annoynted 2. By this argument the life of a murtherer cannot be taken away by a Judge for he râ—maineth one endued with Gods image and keepeth stil the nature of a man under all the murthers that he doth but it followeth no wayes that because God hath indowed his person with a sort of Royalty of a Divine image that his life cannot be taken and certainly if to be a man endued with Gods image Gen. 6.9 10. and to bee an ill doer worthy of evill punishment are different to be a King and an ill doer may be distinguished The grounds of self-defence are these A woman or a young man may violently oppose a King if he force the one to adultery and incest and the other to Sodomy Though Court-flatterers should say the King in regard of his absolutenesse is Lord of life and death yet no man ever said that the King is Lord of chastity faith and oath that the wife hath made to her husband 2. Particular nature yeelds to the good of universall nature for which cause heavie bodies ascend aerie and light bodies descend If then a wilde Bull or a goaring Oxe may not be let loose in a great market-confluence of people and if any man turne so distracted as he smite himselfe with stones and kill all that passe by him or come at him in that case the man is to be bound and his hands fettered and all whom he invadeth may resist him were they his owne sons and may save their owne lives with weapons much more a King turning a Nero King Saul vexed with an evill spirit from the Lord may be resisted and faâ—re more if a King indued with use of reason shall put violent hands on all his subjects kill his son and heire yea any violently invaded by natures law may defend themselves and the violent restraining of such an one is but the hurting of one man who cannot be virtually the Common-wealth but his destroying of the community of men sent out in warres as his bloody emissaries to the dissolution of the Common-wealth 3. The cutting off of a contagious member that by a Gangrene would corrupt the whole body is well warranted by nature because the safety of the whole is to be preferred to the safety of a part Nor is it much that Royalists say the King being the head destroy him the whole body the Common-wealth is dissolved as cut off a mans head the life of the whole man is taken away Because 1. God cutteth off the spirits of tyrannous Kings and yet the Common-wealth is not dissolved no more then when a Leopard or a wilde Boare running through children is killed it can be the destruction of all the children in the land 2. A king indefinitely is referred to the Common-wealth as an adequat head to a Monarchicall Kingdome and remove all Kings and the politique body as Monarchicall in its frame is not Monarchicall but it leaveth not off to be a politique body seeing it hath other Judges but the naturall body without the head cannot live 2. This or that tyrannous King being a transient mortall thing cannnot be referred to the immortall Common-wealth as it is adequat correlate They say the King never dieth yet this King can dye an immortall politique body such as the Common-wealth must have an immortall head and that is a King as a King not this or that man possibly a tyrant who is for the time and eternall things abstract from time onely a King 4. The reason of Fortunius Garcias a skilfull Lawyer in Spaine is considâ—rable Coment in l. ut vim vi ff de justit jure God hath implâ—nted in every creature naturall inclinations and motions to preserve it selfe and we are to love our self for God and have a love to preserve our selves rather then our neighbour and Natures law teacheth every man to love God best of all and next our selves more then our neighbour for the Law saith Thou shalt love thy neighbour as thy selfe then saith Malderus com in 12. q. 26. tom 2. c. 10. concl 2. The love of our selfe is the measure of the love of our neighbour But the rule and the measure is more perfect simple and more principall then the thing that is measured It is true I am to love the salvation of the Church it comming neerer to Gods glory more then my owne salvation as the wishes of Moses and Paul do prove and I am to love the salvation of my brother more then my owne temporall life but I am to love my owne temporall life more then the life of any other and therefore I am rather to kill then to be killed the exigence of necessity so requiring Nature without sin aimeth this as a truth in the case of losse of life Proximus sum egomet mihi Ephes. 5.28 29. He that loveth his wife loveth himselfe for no man ever yet hated his owne flesh but nourisheth it and cherisheth it even as the Lord the Church As then nature tyeth the dam to defend the young birds and the Lyon her whelps and the husband the wife and that by a comparative re-offending rather then the wife or children should be killed yea hee that is wanting to his brother if a robber unjustly invade his brother and helpeth him not is a murtherer of his
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 fled no or that David consulted the oracle of God what to do when Saul was coming against him 5. in an ordinary fact something â—ay 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 〈◊〉 I confesse a short way to an adversary to cull out something tâ—at 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 â—ot 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 answâ—red 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 â—re the messengers came to him he said to the Elders See now the sonnâ— 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 ostium opprimetis eum in ostio Violently presse him at the doore And so the Chaldee Paraphrase Ierom. Ne sinatis eum introirâ— 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. forgeâ—ting himselfe saith from hence It is lawfull to resist the Prince himselfe thus farre as toward 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 â—odâ—ly 〈◊〉 in the case of uâ—jâ—st and violent invasion It is a vaine thing to say Who shall be judge betweene the King and his subjâ—cts The â—ubject 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
essentiall Judge he would have designed him by the nowne in the singular number 2. All the reasons that the Apostle bringeth to prove that subjection is due agreeth to inferiour Judges as well as to Emperours for they are powers ordained of God and they beare the sword and we must obey them for conscience sake and they are Gods deputies and their judgement is not the judgement of men but of the Lord 2 Chron. 19.6 7. Deut. 1.16 Numb 11.16 17. Tribute and wages be no lesse due to them as ministers and servants for their work then to the King c. 3. The Apostle could not omit obedience to the good Civill Lawes enacted by the Senate nor could he omit to command subjection to Rulers if the Romanes should change the Government and abolish Monarchie and erect their ancient forme of Government before they had Kings 5. This is Canonicall Scripture and a cleare exposition of the first Commandement and so must reach the consciences of all Christian Republicks where there is no Monarchie 5. Parallel places of Scripture prove this Paul 1 Tim. 2.1 2. will have prayers made to God for Kings and for all that are in authority and the intrinsecall â—nd of all is a godly honest and peaceable life And 1 Pet. 2.13 Submit to every ordinance of man for the Lords sake Tit. 3.1 It is true subjection to Nero of whom Tertullian said Apol. 5. Nihil nisi grande bonum à Nerone damnatum is commanded here but to Nero as such an one as he is obliged de jure to be whether you speak of the office in abstracto or of the Emperour in concretâ— in this notion to me it is all one but that Paul commandeth subjection to Nero and that principally and solely as he was such a man de facto I shall then beleeve when Antichristian Prelats turn Pauls Bishops 1 Tim. 2. which is a miracle 6. Inferiour Judges are not necessarily sent by the King by any divine Law but chosen by the people as the King is and de facto is the practise of creating all Magistrates of Cities in both Kingdomes 7. Augustin expos Prop. 72. on Epist. Rom. Irenaeus l. 5. c. 24. Chrysostom in Psal. 148. and on the place Hieron Epist. 53. advers vigilant expound it of Masters Magistrates so do Calvin Beza Pareus Pisâ—ator Rollocu Marlorat So do Popish Writers Aquinas Lyra Hugo Cardinal Carthus Pirerius Toletus Cornel. à Lapide Salmeron Estius expound the place And therefore there is no argument that Royalists hence draw against resisting of the King by the Parliaments but they do strongly conclude against the Cavalliers unlawfull warres against the 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 peoplâ— who made him King at Hebron 2. The inferiour Magistratâ—s 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 thankfull 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 faith 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 booke of Ioshua and therefore God killed not Og immediately God hath an infinite eminent transcendent 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
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 lawlesse 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 actâ— 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 â—â—eping 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 Angels shall guard them but onâ—ly 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 sheepe 3. A power to doe ill without resistance is not security Object 15. If God appoint Ministers to preach then the sheep cannot seeke safety elsewhere Ergo. Answ. The wife is obliged to bed and board with her husband but not if she feare he will kill her in the bed The obedience of positive duties that subjects owe to Princes cannot loose them from Natures law of self-preservation nor from Gods Law of defending Religion against Papists in Armes nor are the sheep obliged to intrust themselves but to a saving shepherd Object 16. If self-defence and that by taking up Armes against the King he an unlawfull duty how is it that you have no practise no precept no promise for it in all the word of God 1. You have no practise Ahab sold himselfe to do evill he was an Idolater and killed the Prophets and his Queene a bloody Idolatresse stirred him up to great wickednesse Elias had as great power with the people as you have yet hee never stirred up the people to take Armes against the King Why did God at this time rather use an extraordinary meanes of saving his Church Arnisaeus de autho Princ. c. 8. but Elias only fled Nebuchadnezer Ahab Manassah Julian were Tyrants and Idolaters the people never raised an Armie against them B. Williams of Ossorie p. 21. Deut. 14. If brother son daughter wife or friend intice thee to follow strange gods kill them not a word of the father Children are to love Fathers not to kill them Christ saith John P.P. in the cradle taught by practise to flee from Herod and all Christs acts and sufferings are full of mysteries and our instructions Hee might have had legions of Angels to defend him but would rather worke a miracle in curing Malchus eare as use the sword against Caesar If Sectaries give us a new Creed it will concerne them neere with expunging Christs descent into hell and the communion of Saints to raze out this He suffered under Pontius Pilate My resolution is for this sin of yours to dissolve in teares and Prayers and with my Master say daylie and hourely Father forgive them c. Christ thought it an uncouth spirit to call for fire from heaven to burne the Samaritans because they refused him lodging 2. The Prophets cried out against Idolatry blasphemy murther adultery c. and all sins never against the sin of neglect and murtherous omission to defend Church and Religion against a tyrannous King 3. No promise is made to such a rebellious insurrection in Gods word Answ. It is a grâ—at non-consâ—quence this duty is not practised by any examples in Gods word Ergo. It is no duty Practice in Scripture is a narrow rule of faith Shew a practice when a husband stoned his wife because she inticed him to follow strange Gods Yet it is commanded Deut. 13.6 when a man lying with a beast is put to death Yet it is a Law Exod. 22.19 infinite more Lawes are the practise of which we finde not in Scripture 2. Iehu and the Elders of Israel rooted out Ahabs posterity for their Idolatry and if Iehu out of sincerity and for the zeale of God had done what God commanded he should have beene rewarded for say that it was extraordinary to Iehu that he should kill Ahab yet there was an expresse Law for it that he that stirreth up others to Idolatry should die the death Deut. 13.6 and there is no exception of King or Father in the Law and to except father or mother in Gods matters is expresly against the zeale of God Deut. 33.9 And many grave Divines think the people to be commended in making Iehu King and in killing King Nabad and smiting all the house of Iereboam for his Idolatry they did that which was a part of their ordinary duty according to Gods expresse Law Deut. 13.6 7 8 9. though the facts of these men be extraordinary 3. Ahab and Iezabelâ—aisâ—d â—aisâ—d not an Armie of Idolaters Malignants such as are Papists Prelates and Cavalliers against the three Estates to destroy Parliaments Lawes and Religion and the people conspired with Ahab in the persecution and Idolatry to forsake the Covenant throw dowwe the Altars of God and slay his Prophets so as in the estimation of Elias 1 King 19.9 10 11. there was not one man but they were Malignant Cavalliers and hath any Elias now power with the Cavalliers to exhort them to rise in Armes against themselves and to shew them it is their duty
make unmake Parliaments and all Parliamentary power what more absurd Obj. 1. Symmons Loyall Subj Pag. 57. These phrases 2. Sam. 9.1 When Kings goe forth to warre and Luk. 14.31 What King going forth to warre speak to my conscience that both offensive and defensive warre are in the Kings hand Answ. It is not much to other men what is spoken to any mans conscience by Phrase and customes for by this no States where there be no Kings but government by the best or the people as in Holland or in other Nations can have power of war for what time of yeare shall Kings goe to war who are not Kings and because Christ saith A certaine housholder delivered talents to his servants will this infer to any conscience that none but a housholder may take usurie And when he saith If the good man of the house knew at what houre the thiefe would come he would watch shall it follow the sonne or servant may not watch the house but onely the good man Obj. 2. Ferne pag. 95. The naturall Bodie cannot move but upon naturall Principles and so neither can the Politique Bodie move in Warre but upon Politique reasons from the Prince which must direct by Law Answ. This may well be retorted the Politique Head cannot then move but upon politique reasons and so the King cannot move to wars but by the Law and that is by consent of Parliament and no Law can principle the head to destroy the members 2. If an Armie of cut-throats rise to destroy the Kingdome because the King is in lacking in his place to doe his duty how can the other Judges the States and Paâ—liament be accessorie to murther committed by them in not raising armies to suppresse such robbers Shall the inferiour Judges be guilty of innocent blood because the King will not doe his duty 3. The politique body ceaseth no more to renounce the principles of sinlesse nature in self-defence because it is a politique body and subject to a King then it can leave off to sleep eat and drink and there is more need of politique principles to the one then the other 4. The Parliaments and Estates of both 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. an jur 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 faâ—t they must resigne their consciences to the King 2. The King cannot make unlawfull warre to be lawfull by any authority Royall excâ—pt he could raze out the sixt Commandement therefore Subjâ—cts 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 set up Popery by the sword and root out the Reformed 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 iâ— obliged to help his brother non vinculo efficace not with any efficacious band because in these
saith he non est actio aut 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—aâ—l 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 way should oppose us in helping which blessed be the Lord the honourable houses of the Parliament of England hath not done though Malignant spirits tempted them to such a course what in that case we should owe to the afflicted members of Christs body is a case may be determined easily The fift and last opinion is of those who think if the King command Papists and Prelates to rise against the Parliament and our dear brethren in England in warres that we are obliged in conscience and by our oath and covenant to help our native Prince against them to which opinion with hands and feet I should accord if our Kings cause were just and lawfull but from this it followeth that we must thus far judge of the cause as concerneth our consciences in the matter of our necessary duty leaving the judiciall cognizance to the honourable Parliament of England But because I cannot returne to all these opinions particularly I see no reason but the Civil Law of a Kingdom doth oblige any Citizen to help an innocent man against a murthering robber that he may be judicially accused as a murtherer who faileth in his duty that Solon said well beatam remp esse illam in quâ quisque injuriam alterius suam estimet It is a blessed society in which every man is to repute an injury done against a brother as an injury done against himself As the Egyptians had a good law by which he was accused upon his head who helped not one that suffered wrong and if he was not able to help he was holden to accuse the injurer if not his punishment was whips or three dayes hunger it may be upon this ground it was that Moses slew the Egyptian Ambrose commendeth him for so doing Assert We are obliged by many bands to expose our lives goods children c. in this cause of religion and of the unjust oppression of enemies for the safety and defence of our deare brethren and true religion in England 1. Prov. 24.11 If thou forbear to deliver them that are drawn to death 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taken as captives to be killed and those that are ready to be slaine 12. If thou say behold we know it not doth not he that pondereth the heart consider it and he that keepeth thy soul doth he not know it and shall he not render to every man according to his work Master Iermin on the plâ—ce is too narrow who coâ—menting on the place restricteth all to these two that the priest should deliver by interceding for the innocâ—nt and the King by pardoning only But 1. to deliver is a word of violence as 1 Sam. 30.18 David by the sword rescued his wives Hos. 5 14. I will take away and none shall rescue 1 Sam. 17.35 I rescued the lambs out of his mouth out of the Lyons mouth which behovâ—d to be done with great violence 2 King 18.34 They have not delivered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Samaria out of my hand So Cornel. à Lapidâ— Charitas suadâ—t ut vi armis eruamus injuste ductos ad mortem Amâ—ros lib. 1. offic c. 36. citeth this same text and commendeth Moses who killed the Egyptian in defending a Hebrew man 2. It is an act of Charity and so to be done though the judge forbid it when thâ— innocent is unjustly put to death Object But in so doing private men may offer violence to the lawfull magistrate when he unjustly putteth an innocent man to death and rescue him out of the hands of the magistrate and this were to bring in anarchy and confusion for if it be an act of charity to deliver the innocent out of the hand of the Magistrate it is homicide to a private man not to do it for our obedience to the law of nature tyeth us absolutely though the Magistrate forbid these acts for it is known that I must obey God rather then man Answ. The law of nature tyeth us to obedience in acts of charity yet not to perfâ—rme these acts after any way and manner in a meere naturall way impetu naturae but I am to performe acts of naturall charity in a rationall and prudent way and in looking to Gods law else if my brother or father were justly condemned to die I might violently deliver him out of the Magistrates hand but by the contrary my hand should be first on him without naturall compassion As if my brother or my wife have been a blasphemer of God Deut. 13.6 7 8. and therefore am I to do acts naturall as a wise man observing as Solomon saith Eccles. 8.5 both time and judgement Now it were no wisdom for one private man to hazard his own life by attempting to rescue an innocent brother because he hath not strength to do it and the law of nature
were mixed persons and did all in the externall government of the Church and that by their office as they were Kings 7. All the instances that Augustine bringeth to prove that the King is a mixt person proveth nothing but Civill acts in Kings as Hezekiah cast down the high places the King of Nineve compelled to obey the Prophet Ionah Darius cast Daniels enemies to the Lyons P. Prelate If you make two Soveraignes and two Independents there is no more peace in the State then in Rebeckahs wombe while Jacob and Esau strove for the prerogative Ans. 1. What need Israel strive when Moses and Aaron are two Independents If Aaron make a golden Calfe may not Moses punish him If Moses turne an Achab and sell himselfe to doe wickedly ought not 80 valiant Priests and Aarons both rebuke censure and resist 2. p. 65. The P.P. said Let no man imagine we priviledge the King from the direction and power of the Church so he be no intruding Vzzah I pray P. P. what is this Church power Is it not supreme in its kinde of Church power or is it subordinate to the King If it be supreme see how P. P. maketh two Supremes and two Soveraignes If it be subordinate to the King as he is a mixt person the King is priviledged from this power and he may intrude as Vzzah and by his prerogative as a mixed person he may say Masse and offer a sacrifice if there be no power above his prerogative to curbe him If there be none the P.P. his imagination is reall The King is priviledged from all Church power Let the P.P. see to it I see no inconvenience for reciprocations of subjections in two Supremes and 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 apostate 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 Leavenâ—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 Prerogative pardoneth a murtherer and he killeth another innocent man and out of the same ground the King pardoneth him again and so till he kill twenty for by what reason the Prerogative giveth one pardon he may give twenty there is a like reason above Law for all This act of Absolute Royaltie is such an act of murther as if a shepherd would keep a Woolf in the fold with the sheep he were guilty of the losse of these sheep Now an act of destroying cannot be an act of judging far lesse of a supreme Iudge but of a supreme Murtherer 7. Whereas he is called Absolute Prince and Supreme Judge in all Causes Ecclesiasticall and Civill It is to be considered 1. That the Estates professe in these acts not to give any new Prerogative but onely to continue the old power and that onely with that amplitude and freedom which the King and his Predecessors did enjoy and exerce of before the extent whereof is best known from the Acts of Parliament Histories of the time and the Oaths of the Kings of Scotland 2. That he is called Absolute Prince not in any relation of freedom from Law or Prerogative above Law whereunto as unto the norma regula ac mensura potestatis suae ac subjectionis meae He is tyed by the Fundamentall Law and his own Oath but in opposition to all forraign Iurisdiction or principalitie above him as is evident by the Oath of Supremacie set down for acknowledging of his power in the first Act of Parliament 21. K. Iam. 6. 3. They are but the same expressions giving onely the same power before acknowledged in the 129. Act. Parl. 8. K. Iam. 6. And that onely over Persons or Estates considered Separatim and over Causes but neither at all over the Laws nor over the Estates taken Conjunctim and as convened in Parliament as is clear both by the two immediately subsequent Acts of that Parliament 8. K. Iam. 6. Establishing the Authority of Parliaments equally with the Kings and discharging all Iurisdictions alâ—eit granted by the King without their Warrant as also by the Narrative Depositive words and certification of the Act it self otherwayes the Estates convened in Parliament might by vertue of that Act be summoned before and censured by the Kings Majestie or His Councell a Iudicatory substitute be subordinate to and censurable by themselves which were contrary to sense and reason 4. The very termes of Supreme Iudge and in all Causes according to the nature of Correlates presupposeth Courts and judiciall Proceedings and Laws as the ground work and rule of all not a freedom from them 5. The sixth Act of the twenty Parliament K. Iac. 6. Cleerly interpreteth what is meant by the Kings Iurisdiction in all Spirituall and Ecclesiastick Causes to wit to be onely in the Consistoriall Causes of Matrimony Testaments Bastardy Adulteries abusively called Spirituall Causes because handled in Commissary Courts wherin the King appoints the Commissary his Deputies and makes the Lords of the Session his great Consistory in all Ecclesiasticall Causes with reservation of his Supremacy and Prerogative therein 7. Supreame Iudge in all causes cannot be taken Quoad actus elicitos as if the King were to judge between two Sea-men or two Husband-men or two Trades-men in that which is proper to their Art or between two Painters certainly the King is not to Iudge which of the two draweth the fairest Picture but which of the two wasteth most gold on his Picture and so doth interest most of the Common-wealth So the King cannot judge in all Ecclesiasticall Causes that is he cannot Quoad actos elicitos prescribe this Worship for example the Masse not the Sacrament of the Lords Supper Therefore the King hath but Actus imperatos some Royall Politicall Acts about the Worship of God to command God to be Worshipped according to his Word to punish the superstitions or neglectors of Divine Worship therefore cannot the King be sole Iudge in matters that belong to the Colledge of Iudges by the Lawes of Scotland the Lords of Session onely may judge these maters K. Iames 1. Parl. 2. Act. 45. K. Iames 3. Par. 8. Act 62. K. Iames 3. Par. 4. Act. 105. K. I. 1. Parl. 6. Act. 83. K. I. 1. Par. 6 Act. 86. K. I. 5. Par. 7. Act. 104. and that only according to Law without any remedy of appellation to King or the Parliament Act 62 and 63. Par. 14. K. I. 2. And the King is by Act of Parliament inhibited to send any private letter to stay the Acts of Iustice or if any such letter be procured the Iudges are not to acknowledge it as the Kings Will for they are to proceed unpartially according to Iustice and are to make the Law which is the King and Parliaments publick revealed will their rule King I. 5. Parl. 5. Act. 68. K. Ia. 6. Part. 8. Act. 139. and K. I. 6. Par. 6. Act. 92. most lawfull Nor may the Lords suspend the course of Iustice or the sentence or execution of Decrees upon the Kings private letter King I. 6. Parl. 11. Act 79. and K. Iam. 6. Par. 11. Act 47. and so if the Kings Will or desire as he is a man be opposite to his Law and his Will as King it is not to
be regarded This is a strong Argument that the Parliaments never made the King supreame Iudge Quoad actus elicitos in all causes nay not if the King have a Cause of his owne that concerneth Lands of the Crowne farre lesse can the King have a will of Prerogative above the Law by our Lawes of Scotland And therefore when in the eighth Parliament King Ia. 6. the Kings Royall Power is established in the first Act the very next act immediatly subjoyned thereunto declareth the authority of the supreame Court of Parliament continued past all memory of man unto this day and constitute of the free voices of the three estates of this ancient Kingdome which in the Parliament 1606. is called The ancient and fundamentall policy of this Kingdome and so fundamentall as if it should be innovate such confusion would ensue as it could no more be a free Monarchy as is exprest in the Parliaments printed Commission 1604. by whom the same under God hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the Lawes and Acts of Parliament by which all men are governed made and established and appointeth the Honour Authority and Dignity of the Estates of Parliament to stand in their owne integrity according to the ancient and laudable custome by past without alteration or diminution and therefore dischargeth any to presume or take in hand To impugne the dignity and the authority of the said Estates or to seeke or procure the innovation or diminution of their power or authority under the paine of Treason and therefore in the next Act they discharge all Iurisdictions or Judicatories albeit appointed by the Kings Majesty as the High Commission was without their Warrant and approbation and that as contrary to the fundamentall Laws above titled 48. Act. Parl. 3. K. Ia. 1. and Act. 79. Parl. 6. King Ia. 4. whereby the Lieges should only be ruled by the Lawes or Acts past in the Parliament of this Kingdome Now what was the ancient Dignity Authority and power of the Parliaments of Scotland which is to stand without diminution that will be easily and best known from the subsequent passages or Historians which can also be very easily verified by the old Registers whensoever they should be produced In the meane time remember that in Parliament and by Act of Parl. K. Ia. 6. for observing the due order of Parliament promiseth never to doe or command any thing which may directly or indirectly prejudge the libertie of free reasoning or voting of Parliament K. Ia. 6. Parl. 11. Act. 40. And withall to evidence the freedome of the Parliament of Scotland from that absolute unlimited Prerogative of the Prince and their libertie to resist his breaking of Covenant with them or Treaties with forraigne Nations Ye shall consider 1. That the Kings of Scotland are obliged before they be inaugurate to sweare and make their faithfull Covenant to the true Kirk of God that they shall maintaine defend and set forward the true Religion confessed and established within this Realme even as they are obliged and astricted by the Law of God aswell in Deuteronomie as in the 11 chap. of the 2. book of the Kings and as they crave obedience of their subjects So that the bond and contract shall be mutuall and reciprocall in all time comming between the Prince and the People according to the Word of God as is fully exprest in the Register of the convention of Estates Iuly 1567. 2. That important Acts and Sentences at home whereof one is printed 112 Act. Parl. 14. K. Ia. 3. and in Treaties with Forraigne Princes the Estates of Parliament did append their severall Seales with the Kings Great Seale which to Grotius Barclaius and Arnisaeus is an undeniable argument of a limited Prince as well as the stile of our Parliament that the Estates with the King ordaine ratifie rescind c. as also they were obliged in case of the Kings breaking these Treaties to resist him therein even by armes and that without any breach of their allegiance or of his Prerogative as is yet extant in the records of our old Treaties with England and France c. But to goe on and leave some high mysteries unto a rejoynder And to the end I may make good that nothing is here taught in this Treatise but the very Doctrine of the Church of Scotland I desire that the Reader may take notice of the larger Confession of the Church of Scotland printed with the Syntagme and body of the Confessions at Geneva anno MDCXII and authorized by King Iames the 6. and the three Estates in Parliament and printed in our Acts of Parliament Parl. 15. K. Iames 6. An. 1567. Amongst good works of the Second Table saith our Confession art 14. are these To honour Father Mother Princes Rulers and superiour Powers To love them to support them yea to obey their Charge not repugning to the commandement of God to save the lives of innocents to represse Tyrannie to defend the oppressed to keep our bodies cleane and holy c. The contrary whereof is To disobey or resist any that God hath placed in Authoritie while they passe not over the bounds of their office to murther or to consent thereunto to beare hatred or to let innocent blood be shed if we may withstand it c. Now the Confession citeth in the margin Ephes. 6.1.7 and Ezek. 22.1 2 3 4 c. where it is evident by the name of Father and Mother all inferiour Iudges as well as the King and especially the Princes Rulers and Lords of Parliament are understood 2. Ezek. 22. The bloody City is to be judged because they releeved not the oppressed out of the hand of bloody Princes v. 6. who every one of them were to their power to shed innocent blood 3. To resist superiour powers and so the Estates of Parliament as the Cavaliers of Scotland doe is resistance forbidden Romans 13.1 the place is also cited in the confession And the Confession exponeth the place Romans 13. according to the interpretation of all sound Expositers as is evident in these words Art 24. And therefore we confesse and avouch that such as resist the supreame power doing that thing which appertaineth to his charge doe resist Gods ordinance and therefore cannot be guiltlesse And further we affirme that whosoever denyeth unto them aide their counsell and comfort while as the Princes and Rulers vigilantly travell in execution of their Office that the same men deny their helpe support and counsell to God who by the presence of his Lieutenant craves it of them From which words we have cleare 1. That to resist the King or Parliament is to resist them while as they are doing the thing that appertaineth to their charge and while they vigilantly travell in the execution of their office But while King and Parliament doe acts of Tyranny against Gods Law and all good Lawes of men they doe not the things
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 solicitos 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 Divine 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 quemcunquegradū 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 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 fall 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 Subsidies 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 â—ver 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 be 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 Basilicon 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 Inâ—ulanorum 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 concione 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 Rex 7. resigneth and maketh over the Government into the hands of the Parliament and Philarchi Tribuum Gabernatores 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 Prorex 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
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 nature should be lawlesse or against Acts of Parliament Quest. 19. Whether the Subjects be obliged to pay the debts of the King Answ. These debts which the King contracteth as King in Throno Regali the people are to pay For the Law of nature and the divine Law doth prove That to every servant and Minister wages is due Rom. 13.5 6. compared with Vers. 4. and 1 Cor. 9.9 10 11 12. 1 Tim. 5.18 If the Prince be taken in a war for the defence of the people it is just that he be redeemed by them So the Law saith Tit. F. C. de negotiis gestis F. C. Manda But when Fer. Vasquius illust quest l. 1. c. 7. n. 6. Vicesimo tertio apparet c. saith If the Prince was not doing the businesse of the publike and did make war without advice and consent of the people then are they not to redeem him Now certain it is when the King raiseth war not onely against his Oath and saith God do so to me and mine if I intend any thing but peace yet maketh war and also raiseth war without consent of the Parliament and a Parliament at that time convocated by his own Royall Writ and not raised and dissolved at all but still sitting formally a Parliament if he borrow money from his own Subjects and from forraign Princes to raise war against his Subjects and Parliament then the people are not obliged to pay his debts 1. Because they are obliged to the King only as a King and not as an enemy But in so raising war he cannot be considered as a King 2. Though if the people agree with him and still acknowledge him King it is unpossible Physicè he can be their King and they not pay his debts yet they sin not but may ex decentia non ex debito legali pay his debts yet are they not obliged by any Law of God or man to pay his debts but though it be true by all Law the King be obliged to pay his debt except we say that all the peoples goods are the Kings a compendious way I confesse to pay all that any voluptuous Hâ—liogabolus shall contract yet it may easily be proved That what his subjects and forraign Princes lent him to the raising of an unjust war are not properly debts but expences unjustly given out under the reduplication of formall enemies to the Countrey and so not payable by the Subjects and this is evident by Law because one may give most unjustly moneys to his neighbour under the notion of loan which yet hath nothing of the essence of loan and debt but is meer delapidation and cannot properly be debt by Gods Law for the Law regulateth a man in borrowing and lending as in other politike actions if I out of desire of revenge should lend moneys to a robber to buy powder and fewel to burn an innocent Citie or to buy armour to kill innocent men I deny that that is legally debt I dispute not whether A. B. borrowing money formally that thereby he may buy a Whore shall be obliged to repay it to C. D. under the reduplication of debt or if the borrower be obliged to pay what the lender hath unjustly lent I dare not pray to God That all our Kings debts may be payed I have scarce faith so to do Quest. 20. Whether Subsidies be due to the King as King Answ. There is a twofold Subsidie one Debitum of debt another Charitativum By way of charitie a Subsidie of debt is rather the Kingdoms due for their necessitie then the Kings due as a part of his rent we read of Custome due to the King as King and for conscience sake Rom. 13.5 6. never of a Subsidie or taxation to the Kings of Israel and Judah at any convention of the States Augustus Caesar his taxing of all the World Luk. 2. for the maintenance of Wars cannot be the proper rent of Augustus as Emperour but the rent of the Romane Empire and it is but the fact of a man Charitative subsidies to the King of indulgence because through bad husbanding of the Kings rents he hath contracted debts I judge no better than Royall and Princely begging Yet lawfull they are as I owe charitie to my brother so to my father so to my Politique father the King See Ferd. Vasq. illust quest l. 1. c. 8. who desireth that Superiors under the name of Charitie hid not rapine and citeth Cleer gravely saying offic l. 1. Nulla generi humano justitiae major pestis est quam eorum qui dum maximè fallunt id agunt ut boni viri esse videantur c. Quest. 21. Whether the Seas Floods Road-wayes Castles Ports publike Magazine Militia Armour Forts and Strengths be the Kings Ans. All these may be understood to be the Kings in divers notions 1. They are the Kings quoad custodiam publicam possessionem as a pawn is the mans in whose hand the pawn is laid down 2. They are the Kings quoad jurisdictionem cumulativam non privativam The King is to direct and Royally to command that the Castles Forts Ports Strengths Armour Magazine Militia be imployed for the safetie of the Kingdome All the Wayes Bridges the publike Road-wayes are the Kings in so far as he as a publike and Royall watchman is to secure the Subjects from Robbers and to cognosce of unknown
doubt if the relation of a father as a father doth necessarily infer a Royall or Kingly authority of the father over the son or by natures Law that the father hath power of life and death over or above his children and the reasons I give are 1. Because power of life and death is by a positive Law presupposing sin and the fall of man and if Adam standing in innocency could lawfully kill his son though the son should be a Malefactor without any positive Law of God I much doubt 2. I judge that the power Royall and the fatherly power of a father over his children shall be found to be different and the one is founded on the Law of nature the other to wit Royall power on a meere positive Law The 2. degree or order of subjection naturall is a subjection in respect of gifts or age so Aristotle 1 Polit. cap. 3. saith that some are by nature servants his meaning is good that some gifts of nature as wisedom naturall or aptitude to govern hath made some men of gold fitter to command and some of iron and clay fitter to be servants and slaves But I judge this title to make a King by birth seeing Saul whom God by supervenient gifts made a King seemeth to ow small thanks to the womb or nature that he was a King for his crueltie to the Lords Priests speaketh nothing but naturall basenesse It s possible Plato had a good meaning Dialog 3. de legib who made six orders here 1. That fathers command their sons 2. The noble the ignoble 3. The elder the younger 4. The masters the servants 5. The stronger the weaker 6. The wiser the ignorant 3. Aquinas 22. q. 57. art 3. Driedâ— de libert Christ. l. 1. pag. 8. following Aristotle polit l. 7. c. 14. hold though man had never sinned there should have been a sort of dominion of the more gifted and wiser above the lesse wise and weaker not antecedent from nature properly but consequent for the utilitie and good of the weaker in so far as it is good for the weaker to be guided by the stronger which cannot be denyed to have some ground in nature but there is no ground for Kings by nature here 1. Because even these who plead that the mothers womb must be the best title for a Crown and make it equivalent to Royall unction are to be corrected in memory thus That it is meerly accidentall and not naturall for such a son to be born a King because the free consent of the people making choice of the first father of that Line to be their King and in him making choice of the first born of the family is meerly accidentall to father and son and so cannot be naturall 2. Because Royall gifts to reign are not holden by either us or our adversaries to be the specifice essence of a King for if the people Crown a person their King say we if the womb bring him forth to be a King say the opponents he is essentially a King and to be obeyed as the Lords annointed though nature be very Parca sparing and a niggard in bestowing Royall gifts Yea though he be an idiot say some if he be the first born of a King he is by just title a King but must have Curators and Tutors to guide him in the exercise of that Royall right that he hath from the womb But Buchanan saith well He who cannot govern himself shall never govern others 1 Assert de facto As a man commeth into the world a member of a politick societie he is by consequence borne subject to the laws of that societie but this maketh him not from the wombe and by nature subject to a King as by nature he is subject to his Father who begat him no more then by nature a Lyon is borne subject to another King-Lyon for it is by accident that he is borne of parents under subjâ—ction to a Monarch or to either Democraticall or Aristocraticall governours for Cain and Abel were borne under none of these formes of Government properly and if he had been borne in a new planted Colonie in a wildernesse where no government were yet established he should be under no such Government 2 Assert Slavery of servants to Lords or Masters such as were of old amongst the Iews is not naturall but against nature 1. Because slaverie is malum naturae a penall evill and contrary to nature and a punishment of sinne 2. Slaverie should not have been in the world if man had never sinned no more then there could have been buying and selling of men which is a miserable consequent of sin and a sort of death when men are put to the toyling paines of the hireling who longeth for the shadow and under iron harrowes and sawes and to hew wood and draw water continually 3. The originall of servitude was when men were taken in warre to eschew a greater evill even death the captives were willing to undergoe a lesse evill slaverie S. Servitus 1. de jur Pers. 4. A man being created according to Gods image he is res sacra a sacred thing and can no more by natures law be sold and bought then a religious and sacred thing dedicated to God S. 1. Instit. de invtil scrupl l. inter Stipulantem S. Sacram. F. de verber Obligat 3 Assert Every man by nature is a freeman borne that is by nature no man commeth out of the wombe vnder any civill subjection to King Prince or Judge to master captaine conquerour teacher c. 1. Because freedome is naturall to all except freedome from subjection to Parents And subjection politick is meerly accidentall comming from some positive lawes of men as they are in a politique societie whereas they might have been borne with all concomitants of nâ—ure though borne in a single familie the only naturall and first societie in the world 2. Man is borne by nature free from all subjection except of that which is most kindly and naturall and that is fatherly or filial subjection or matrimoniall subjection of the wife to the husband and especially he is free of subjection to a Prince by nature Because to be under jurisdiction to a Iudge or King hath a sort of jurisdiction Argument L. Si quis sit fugitivus F. de edil edict in S. penult vel fin especially to be under penall lawes now in the state of sinne The learned Senator Ferdinandus Vasquez saith l. 2. c. 82. n. 15. Every subject is to lay down his life for the Prince now no man is borne under subjection to penall lawes or dying for his Prince 3. Man by nature is borne free and as free as beasts but by nature no beast no Lyon is born King of Lyons no Horse no Bullock no Eagle King of Horses Bullocks Eagles nor is there any subjection here except that the young Lyon is subject to the old every foul to its damme