ship together being in one Iland under one King and now by the mercy of God have sworne one Covenant and so must stand or fall together 7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland An. 1585. at the desire of the Generall Assembly 1583. to joyne forces together at home and enter in League with Protestant Princes and Estates abroad to maintaine the Protestant Religion against the bloody confederacy of Trent and accordingly this League betweene the two Crownes was subscribed at Berwick An. 1586. and the same renewed An. 1587 1588. as also the confession of Faith subscribed when the Spanish Armado was on our coasts 8. The Law of God commanding that we love our neighbour as our selfe and therefore to defend one another against unjust violence l. ut vim ff de just jur obligeth us to the same except we thinke God can be pleased with lippe-love in word onely which the Spirit of God condemneth 1 Ioh. 2. 9 10. cap. 3. 16. and the summe of Law and Prophets is that as we would nor men should refuse to help us when we are unjustly oppressed so neither would we so serve our afflicted brethren l. in facto ff de cond demonstr § Siuxor Iustit de nupt 9. Every man is a keeper of his brothers life there is a voluntary homicide when a man refuseth food or physick necessary for his owne life and refuseth food to his dying brother and men are not borne for themselves And when the King defendeth not subjects against their enemies all fellow-subjects by the law of Nature of Nations the Civill and cannon Law have a naturall priviledge to defend one another and are mutuall Magistrates to one another when there be no other Magistrates If an Army of Turks or Pagans would come upon Britaine if the King were dead as he is civilly dead in this juncture of time when he refuseth to helpe his subjects one part of Britaine would help another As Iehoshaphat King of Iudah did right in helping Ahab and Israel so the Lord had approved of the warre If the left hand be wounded and the left eye put out nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye and so are they obliged to helpe one another 10. As we are to beare one anothers burthens and to help our enemies to compassionate strangers so far more these who make one body of Christ with us 11. Meroz is under a curse who helpeth not the Lord one part of a Church another A woe lieth on them that are at ease in Zion and helpeth not afflicted Ioseph so farre as they are able 12. The law of Gratitude obligeth us to this England sent an Armie to free both our soules and bodies from the bondage of Popery and the fury of the French upon which occasion a Parliament at Leith Anno 1560. established Peace and Religion and then after they helped us against a faction of Papists in our owne bosome for which we take Gods name in a prayer seeking grace never to forget that kindnesse 13. When Papists in Armes had undone England if God give them victory they should next fall on us and it should not be in the Kings power to resist them When our enemies within two dayes journey are in Armes and have the person of our King and his judgement and so the breathing Law of the two Kingdomes under their power we should but sleepe to be killed in our nest if we did not arise and fight for King Church Countrey and Brethren Object By these and the like grounds when the Kings Royall Person and life is in danger he may use Papists as subjects not as Papists in his owne naturall self-defence Answ Hell and the Devill cannot say that a thought was in any heart against the Kings person He sleeped in Scotland safe and at Westminster in his owne Palace when the Estates of both Kingdomes would not so much as take the water-pot from his bed-side and his Speare and Satan instilled this traiterous lye first in Prelates then in Papists 2. The King professeth his maintenance of the true Protestant Religion in his Declarations since he tooke Armes but if Saul had put Armes in the hands of Baals Priests and in an Armie of Sidonians Philistims Ammonites professing their quarrell against Israel was not to defend the King but their Dagon and false gods cleere it were Sauls Armie should not stand in relation of helpers of the Kings but of advancers of their owne Religion Now Irish Papists and English in Armes presse the King to cancell all Lawes against Popery and make Laws for the free liberty of Masse and the full power of Papists then the King must use Papists as Papists in these warres QUEST XXXVIII Whether Monarchy be the best of governments NOthing more unwillingly doe I write then one word of this question It is a darke way circumstances in falne nature may make things best to be hic nunc evill Though to me it is probable that Monarchy in it selfe 2. Monarchy de jure that is lawfull and limited Monarchy is best even now in a Kingdome under the fall of sin if other circumstances be considered But observe I pray you 1. That M. Symmons and this poore Prelate do so extoll Monarchy that there is not a government save Monarchy onely all other governments are deviations and therefore M. Symmons saith pag. 8. If I should affect another government then Monarchy I should neither feare God nor the King but associate my selfe with the seditious and so the question of Monarchy is 1. Which is the choisest government in it selfe or which is the choisest government in policie and in the condition of man falne in the state of sinne 2. Which is the best government that is the most profitable or the most pleasant or the most honest For wee know that there bee these three kinds of good things things usefull and profitable bona utilia things pleasant jucunda things honest honesta and the question may be of every one of the three 3. The question may be which of these governments be most agreeable to nature that is either to nature in it selfe as it agreeth communiter to all natures of elements birds beasts Aâ—gels Men to lead them as a governour doth to their last end or which government is most agreeable to men to sinfull men to sinfull men of this or this Nation for some Nations are more ambitious some more factious some are better ruled by one some better ruled by many some by most and by the people 4. The question may be in regard of the facility or difficulty of loving fearing obeying and serving and so it may be thought easier to love feare and obey one Monarch then many Rulers in respect that our Lord saith it is difficult to serve two Masters and possibly more difficult to serve twenty or
holy things from him especially since by the law the leper was to be put out of the congregation Ans 1. He contradicteth the text it was not a resistance by words for the text saith they withstood him and they thrust him out violently 2. He yeeldeth the cause for to withdraw the holy things of God by corporall violence and violently to pull the censer out of his hand that he should not provoke Gods wrath by offering incense to the Lord is resistance and the like violence may by this example be used when the King useth the sword and the Militia to bring in an enemy to destroy the kingdom it is no lesse injustice against the second table that the King useth the sword to destroy the innocent then to usurpe the câ—nsor against the first table But Doctor Ferne yeeldeth that the censor may be pulled out of his hand lest he provoke God to wrath Ergo by the same very reason a fortiore the Sword the Castles the Sea-ports the Militia may be violently pulled out of his hand for if there was an expresse Law that the leper should be put out of the congregation and therefore the King also should be subject to his Church-censor then he subjecteth the King to a punishment to be inflicted by the subjects upon the King Ergo the King is obnoxious to the coactive power of the law 2. Ergo subjects may judge him and punish him 3. Ergo he is to be subject to all Church-censors no lesse then the people 4. There is an expresse law that the leper should be put out of the congregation What then flattering court Divines say the King is above all these lawes for there is an expresse law of God as expresse as that ceremoniall on touching lepers and a more binding law that the murtherer should die the death Will Royalists put no exception upon a ceremoniall law of expelling the leper and yet put an exception upon a Divine morall law concerning the punishing of murtherers given before the law on Mount Sinai Gen. 6. 9. They so declare that they accept the persons of men 5. If a leper King could not actually sit upon the throne but must be cut off from the house of the Lord because of an expresse law of God these being inconsistent that a King remaining amongst Gods people ruling and raigning should keep company with the Church of God and yet be a leper who was to be cut off by a Divine law from the Church now I perswade my self that far lesse can he actually raigne in the full use of the power of the sword if he use the sword to cut off thousands of innocent people because murthering the innocent and fatherles and Royall governing in Righteousnesse and Godlinesse are more inconsistent by Gods law being morally opposite then remaining a governour of the people and the disease of leprosie are incompatible 6. I think not much that Barcley saith cont Monar l 5. c. 11. Vzziah remained King after he was removed from the congregation for leprosie 1. Because that toucheth the question of dethroning Kings this is an argument brought for violent resisting of Kings and that the people did resume all power from Vzziah and put it in the hand of Iotham his son who was over the Kings house judging the people of the land ver 21. And by this same reason the Parliaments of both Kingdomes may resume the power once given to the King when he hath proved more unfit to governe morally then Vzziah was ceremonially that he ought not to judge the people of the land in this case 2. If the priests did execute a ceremoniall law upon King Vzziah Far more may the three estates of Scotland and the two houses of Parliament of England execute the morall law of God on their King If the people may covenant by oath to rescue the innocent and unjustly condemned from the sentence of death notoriously known be to tyranous and cruel then may the people resist the King in his unlawfull practises But this the people did in the matter of Ionathan M. Symmons saith pag. 32. and Doctor Ferne § 9. 49. That with no violence but by prayers and teares the people saved Jonathan as Peter was rescued out of prison by the prayers of the Church King Saul might easily be intreated to break a rash vow to save the life of his eldest son Ans 1. I say not the common people did it but the people including proceres regni the Princes of the land and captaines of thousands 2. The text hath not one word or syllable of either prayers supplications or teares but by the contrary They bound themselves by an oath contrary to the oath of Saul 1 Sam. 14. 44. and swear ver 45. God forbid as the Lord liveth there shal not one hair of his head fall to the ground so the people rescued Ionathan The Church prayed not to God for Peters deliverance with an oath that they must have Peter saved whether God will or no. 2. Though we read of no violence used by the people yet an oath upon so reasonable a ground 1. without the Kings consent 2. contrary to a standing law that they had agreed unto ver 24. 3. contradictory to the Kings sentence and unjust oath 4. spoken to the King in his face all these prove that the people meaned and that the oath ex conditione operis tended to a violent resisting of the King in a manifestly unjust sentence Chrysostom hom 14. ad Pop. Antioch accuseth Saul as a murtherer in this sentence and praiseth the people So Iunius Peter Martyr whom Royalists impudently cite so Cor. à lap Zanch. Lyra and Hug. Cardinalis say it was Tyranny in Saul and laudable that the people resisted Saul and the same is asserted by Iosephus l. 6. antiquit c. 7. so Althus Polyt c. 38. n. 109. We see also 2 Chron. 21. 10. That Libnah revolted from under Iehoram because he had forsaken the Lord God of his fathers It hath no ground in the text that Royalists say that the defection of Lybnah is not justified in the text but the cause is from the demerit of wicked Iehoram because he made defection from God Libnah made defection from him as the ten tribes revolted from Rehoboam for Solomons idolatry which before the Lord procured this defection yet the ten tribes make defection for oppression I answer where the literall meaning is simple and obvious we are not to go from it The text sheweth what cause moved Libnah to revolt it was a town of the Levites and we know they were longer sound in the truth then the ten tribes 2. Chron. 13. 8 9 10. Hos 11. 12. Lavater saith Iehoram hath pressed them to idolatry and therefore they revolted Zanch. Cor. à Lap. saith this was the cause that moved them to revolt and it is cleare ver 13. he caused Judah and the inhabitants of Jerusalem to go a whoring from God and no doubt tempted
bondage Exod. 2. 23 24. and they were not to serve the Gods of Egypt nor were of the Kings Religion And therefore his Argument is thus A number of poore exiled strangers under King Pharaoh who were not Pharaohs Princes and Peeres could not restraine the Tyrannie of King Pharaoh Ergo the three Estates in a free Kingdome may not restraine the Arbitrarie power of a King 2. The Prelate must prove that God gave a Royall and Kingly power to King Pharaoh due to him by vertue of his Kingly calling according as Royalists expone 1 Sam. 8. 9 11. to kill all the male children of Israel to make slaves of themselves and compell them to worke in brick and clay while their lives were a burden to them And that if a Romish Catholique Mary of England should kill all the male Children of Protestants by the hands of Papists at the Queenes commandement and make bondslaves of all the Peeres Iudges and three Estates who made her a free Princesse yet notwithstanding that Mary had sworne to maintaine the Protestant Religion they were to suffer and not to defend themselves But if God give Pharaoh a power to kill all Israel so as they could not controll it then God giveth to a King a Royall power by office to sinne only the Royalist saveth God from being the author of sinne in this that God gave the power to sinne but yet with this limitation that the Subjects should not resist this power 2. He must prove that Israel was to give their Male-children to Pharaohs Butchers for to hide them was to resist a Royall power and to disobey a Royall power given of God is to disobey God 3. The Subjects may not resist the Kings Butchers coming to kill them and their Male-children For to resist the servant of the King in that wherein he is a servant is to resist the King 1 Sam. 8. 7. 1 Pet. 2. 14. Rom. 13. 1. 4. He must prove that upon the supposition That Israel had been as strong as Pharaoh and his people that without Gods speciall commandment they then wanting the written Word they should have sought with Pharaoh and that we now for all wars must have a word from Heaven as if we had not Gods perfit Will in his Word as at that time Israel behoved to have in all wars Judg. 18. 5. 1 Sam. 14. 37. Esa 30. 2. Iere. 38. 37. 1 King 22. 5. 1 Sam. 30. 5. Iudg. 20. 27. 1 Sam. 23. 2. 2 Sam. 16. 23. 1 Chron. 10. 14. But because God gave not them an answer to fight against Pharaoh therefore we have no warrant now to fight against a forraign Nation invading us the consequence is null and therefore this is a vain Argument The Prophets never reprove the people for not performing the duty of defensive wars against Tyrannous Kings Ergo There is no such dutie enjoyned by any Law of God to us For the Prophets never rebuke the people for non-performing the dutie of offensive wars against their enemies but where God gave a speciall command and responce from his own Oracle that they should fight And if God was pleased never to command the people to rise against a Tyrannous King they did not sin where they had no commandment of God but I hope we have now a more sure word of prophecie to inform us 5. The Prelate conjectureth Moses his miraeles and the deliverance of the people by dividing the Red Sea was to forbid and condemn defensive wars of people against their King but he hath neither Scripture nor Reasons to do it The end of these miracles was to Seal to Pharaoh the Truth of Gods calling of Moses and Aaron to deliver the people as is clear Exod. 4. 1 2 3 4. compared with Chap. 7. vers 8 9 10. And that the Lord might get to himself a name on all the earth Rom. 9 17. Exod. 9. 16. and 13. 13 14. and 15. 1 2 3. seq But of the Prelates conjecturall end the Scripture is silent and we cannot take an excommunicated mans word What I said of Pharaoh who had noâ—â—is Crown from Israel that I say of Nebuchadnezzar and the Kings of Persia keeping the people of God captive P. Prelate So in the Book of the Judges when the people were delivered over to the hand of their enemies because of their sins he never warranted the ordinary Iudges or Communitie to be their own deliverers but when they repented God raised up a Iudge The people had no hand in their own deliverance out of Babylon God effected it by Cyrus immediately and totally Is not this a reall proof God will not have inferiour Iudges to rectifie what is amisse but we must waite in patience till God provide lawfull means some Soveraign power immediately sent by himself in which course of his ordinary providence he will not be deficient Answ All this is beside the question and proveth nothing lesse then that Peers and Communitie may not resume their power to curbe an Arbitrary power For in the first case there is neither Arbitrary nor lawfull supreme Iudge 2. If the first prove any thing it proveth That it was rebellion in the inferiour Iudges and Communitie of Israel to fight against forraign Kings not set over them by God and that offensive wars against any Kings whatsoever because they are Kings though strangers are unlawfull Let Socinians and Anabaptists consider if the P. Prelate help not them in this and may prove all wars to be unlawfull 3. He is so Malignant to all inferiour Iudges as if they were not powers sent of God and to all Governours that are not Kings and so upholders of Prelates and of himself as he conceiveth that by his arguing he will have all deliverance by Kings onely the onely lawfull means in ordinary providenâ—â— and so Aristocracy and Democracy except in Gods extraordinary providence and by some divine dispensation must be extraordinary and ordinarily unlawfull 2. The Acts of a State when a King is dead and they choose another shall be an Anticipating of Gods providence 3. If the King be a childe a captive or distracted and the Kingdom oppressed with Malignants they are to waite while God immediately from Heaven create a King to them as he did Saul long ago But have we now Kings immediately sent as Saul was 1. How is the spirit of Prophecie and Government infused in them as in King Saul Or are they by propheticall inspiration anointed as David was I conceive their calling to the throne on Gods part do differ as much from the calling of Saul and David in some respect as the calling of ordinary Pastors who must be gifted by industry and learning and called by the Church and the calling of Apostles 4. God would deliver his people from Babylon by moving the heart of Cyrus immediately the people having no hand in it not so much as supplicating Cyrus Ergo The People and Peers who made the King cannot curb his
Tyrannous invader and the King of Iudah the Lords Annoynted 3. The people also conspired with Manasseh as with Ahab Ier. 15. 4. 4. Of Emperours persecuting Christians we shall heare anon 5. Deut. 13. None are excepted by a synecdoche the dearest are expressed sonne daughter brother the friend that is as thine own soul Ergo fathers also And husbands are to love their lives Ephes 5. 25. Yet to execute judgement on them without pitty Deut. 13. 8. 9. The father is to love the son yet if the son prophecy falsely in the name of the Lord to kill him Zach. 13. 3. Hence love fear reverence toward thâ— King may be commanded and defensive warres also 6. Christ fled from Herod and all his actions and sufferings are mysteries and instructions saith the poor Prelate 1. Christ kissed the man that to his knowledge came to betray him Christ fled not but knowing where and when his enemy should apprehend him came willingly to the place Ergo we should not flee 2. His actions are so mysterious that Iohn P. P. in imitation of Christs fourty dayes fast will fast from flesh in lent and the Prelate must walk on the sea and work miracles if all Christs actions be our instructions 7. He might with more then twelve Legions of Angels defend himself but he would not not because resistance was unlawfull no shadow for that in the text but because it was Gods will that he should drink the cup his Father gave him because to take the sword without Gods warrant subjecteth the usurper of Gods place to perish with the sword Peter had Gods revealed wil that Christ behoved to suffer Math. 26. 52 53. Math. 16. 21 22 23. Gods positive command that Christ should die for sinners Iohn 10. 24. may well restraine an act of lawfull self-preservation hic nunc and such an act as Christ lawfully used at another time Luk. 4. 29 30. Ioh. 11. 7 8. we give no new creed but this apostate hath forsaken his old creed the religion of the Church of Scotland in which he was Baptised 9. Nor do we expunge out of the Creed Christs descension into hell the communion of Saints as the apostate saith but the Popish locall descension of Christ the Popish advancing of the Churches power above the Scriptures the intercession prayers to the saints or of the saints for us we deny this Prelate though he did swear the doctrine of the Church of Scotland preached expresly all these many other poynts of Popery in the Pulpits of Edenburgh 10. We beleeve that Christ suffered under Pontius Pilat but that Pilat had any legal power to condemne Christ but onely a power by a permissive Decree Act. 4. 27 28. Such as Devils had by Gods permission Luke 22. 53. we utterly deny 11. The Prelat saith it is his resolution for our sin of naturall selfe defence to dissolve in tears because his Bishopricke I conceive by which he was wont to dissolve in cups being drunk on the Lords day after he with other Prelates had been at the Lords Supper while the Chamber wherein they were was dissolved in vomitting was taken from him 12. The prophets cry against all sins but never against the sin of non-resistance and yet they had very Tyrannous and Idolatrous Kings 1. This is but a weak argument 1. The Prophets cry not out against all sins they cry not out against men-stealers and killers of father and mother in expresse tearmes yet do they by consequence condemne all these sins and so do they condemne non-resistance in wars by consequence when they cry out Ier. 5. 31. The Prophets prophesie falsly and the Priests beare rule by their meanes and my people love to have it so And when they complaine Ezek. 22. 26 27 28. That the Prophets and Priests violate the Law her Princes are like wolves ravening the prey to shed blood and the people use oppression and exercise robbery and vexe the poore And when they say Ier. 22. 2. not to the King onely but also to his servants and the people that enter in by the gates 3. Execute judgement and righteousnesse and deliver the spoiled out of the hand of the oppressour I pray you who are the oppressors I answer The murthering Judges Esa 1. 21. And Esa 3. 12. As for my people children are their oppressors and women rule over them And ver 14 15. The ancients of the people grind the faces of the poore and when they are not valiant for the truth upon the earth And Prov. 24. 11. the Lord shal render to thâ—se men according to their works which forbeare to help men that are drawn to death and those that be ready to be slaine if they shift the businesse and say Behold we know not doth not he that pondereth the heart consider it When therefore the Lords Prophets complaine that the people execute not judgement relieve not the oppressed help not and rescue not those that are drawn to death unjustly by the King or his murthering Judges they expresly cry out against the sin of non-resistance 2. The Prophets cannot expresly and formally cry out against the Judges for non-resisting the King when they joyne as ravening wolves with the King in these same acts of oppression even as the Judge cannot formally impannell 24â— men sent out to guard the travellers from an arch robber if these men joyne with the robber and rob the travellers and become cut-throats as the arch robber is he cannot accuse them for their omission in not guarding the innocent travellers but for a more hainous crime that not onely they omitted what was their duty in that they did not rescue the oppressed out of the hands of the wicked but because they did rob and murther and so the lesser sinne is swallowed up in the greater The under-Judges are watchmen and a guard to the Church of God if the King turn a bosome robbâ—r their part is Ier. 22. 3. to deliver the spoiled out of the hand of the oppressour to watch against domestick and forraine enemies and to defend the flock from wolves Ezek. 23. 2 3 4. Ier. 50. 6. to let the oppressed goe free and to break every yoak Esay 58. 6. to break the jawes of the wicked and pluck the spoile out of his â—eâ—th Job 29. 17. Now if these Judges turne Lyons and ravening Wolves to prey upon the flock and joyne with the King as alwayes they did when the King was an oppressor his Princes made him glad with their lies and joyned with him and the people with both Ier. 1. 18. Ier. 5. 1. Ier. 9. 1. Mic. 7. 1. Ezek. 22. 24 25 26 27 28 29 30 31. Ier. 15. 1 2 3. It is no wonder if the Prophets condemne and cry out against the hugest and most bloody crime of positive oppression formally and expresly and in that their negative murthers in not releeving the oppressed must also be cryed out against 13. The
9. The States punished Archidanius because he married a wife of a low stature Plutarch in Ages in pris The ancient Burgundions thought it cause enough to expell their King if matters went not well in the State Marcel l. 27. The Goths in Spain gave no other cause of expelling their King nisi quod sibi displiceret because he displeased them Aimon l. 2. c. 20. l. 4. c. 35. Ans All these are not to be excused in people but neither every abuse of power in a King exautorateth a King nor every abuse in people can make null their power Arnisaeus maketh three kinds of oathes the first is when the King sweareth to defend true Religion and the Pope and he denyeth that this is an oath of fidelitie or by paction or covenant made to the Pope or Clergie he saith it is onely on oath of protection nor doth the King receive the Crown from the Pope or Clergie Answ 1. Arnisaeus divideth oathes that are to be conjoyned we read not that Kings sweare to defend Religion in one oath and to administrate judgement and justice in another for David made not two Covenants but onely one with all Israel 2. The King was not King while he did swear this oath and therefore it must be a pactionall oath between him and the Kingdom and it is true the King receiveth not a Crown from the Church yet David received a Crowne from the Church for this end to feed the Lords people and so conditionally Papir Masse l. 3. Chron. Gal. saith The king was not king before the oath 2. That he did sweare to be a keeper not onely of the first but also of the second Table of the Law Ego N. Dei gratia mox futur as rex Francorum in die ordinationis meae coram Deo sanctis ejus polliceor quod servabo privilegia canonica justitiamque jus unicuique Praelato debitum vosque defendam Deo juvante quantum potero quemadmodum Rex ex officio in suo regno defendere debet unumquemque Episcopum ac Ecclesiam administrabo populo justitiam leges uti jus postulat And so is it ordained in the Councel of Tolet 6. c. 6. Quisquis deinceps regni sortitus fuerit apicem non ante conscendat Regiam sedem quam inter reliquas conditiones sacramento policitus fuerit quod non sinet in regno suo degere â—um qui non sit Catholicus All these by Scripture are oathes of Covenant Deut. 17. ver 17 18. 2 Sam. 5. 1 2 3 4. 2 Kings 11. 17 18. Arnisaeus maketh a second oath of absolute Kings who sweare they shall raigne according to equitie and justice and he saith There is no need of this oath a promise is enough for an oath encreaseth not the obligation L. fin de non num pec Onelie it addeth the bound of Religion for there is no use of an oath where there is no paction of law against him that sweareth if he violate his oath There followeth onelie the punishment of Perjurie And the word of a Prince is as good as his oath onelie he condescendeth to sweare to please the people out of indulgence not out of necessitie And the King doth not therefore sweare because he is made King but because he is made King he sweareth And he is not King because he is crowned but he is crowned because he is King Where the Crowne goeth by succession the King never dieth and he is King by nature before he be crowned Answ 1. This oath is the very first oath spoken of before included in the covenant that the King maketh with the people 2 Sam 5. 2 3 4. For absolute Princes by Arnisaeus his grant doth swear to do the duties of a King as Bodinus maketh the oath of France de Rep. l. 1. c. 8. Iuro ego per deum ac promitto me justè regnaturum judicium equitatem ac misericordiam facturum And papir Mass l. 3. Chron. hath the same expresly in the particulars And by this a King sweareth he shall not be absolute and if he swear this oath he bindeth himself not to governe by the Law of the King whereby he may play the Tyrant as Saul did 1 Sam. 8. 9 10 11 12 c. As all Royalists expound the place 2. It is but a poor evasion to distinguish betwixt the Kings promise and his oath for the promise and covenant of any man and so of the King doth no lesse bring him under a civil obligation and politique coaction to keep his promise then an oath for he that becometh surety for his friend doth by no civil Law sweare he shall be good for the sonne or performe in liew and place of the friend what he is to performe he doth onely covenant and promise and in law and politique obligation he is taken and snared by that promise no lesse then if he had sworne Reuben offereth to be caution to bring Benjamin safe home to his old father Gen. 42. 37. Iudah also Gen. 43. 9. but they do not swear anyoath iâ— is true that an oath adeth nothing to a contract and promise but onely it laies on a religious tie before God yet so as consequently if the contractor violate both promise and oath he cometh under the guilt of perjury which a law of men may punish Now that a covenant bringeth the King under a politique obligation as well as an oath is already proved and farther confirmed by Gal. 3. 15. Though it be a mans testament or covenant no man disanulleth and addeth thereunto No man even by mans law can anull a confirmed covenant and therefore the man that made the covenant bringeth himself under law to fulfill his own covenant and so must the King put himself under mens law by a covenant at his Coronation Yea and David is reputed by Royallists an absolute Prince yet he cometh under a covenant before he be made King 3. It is but a weak reason to say that an oath is needlesse where no action of law can be against the King who sweareth if it have any strength of reason I retort it a legall and solemne promise then is needlesse also for there is no action of law against a King as Royalists teach if he violate his promise So then King David needlesly made a Covenant with the people at his Coronation for though David should turne as bloody an enemie to the Church as Nero or Iulian the people have no Law-action against David and why then did Ieremiah seek an oath of the King of Iudah that he would not kill him nor deliver him into the hands of his enemies and why did David seek an oath of Ionathan It is not like Ieremiah and David could have law-action against a King and a Kings son if they should violate the oath of God And farther it is a begging of the question to say that the States can have no action against the king if he should violate