true Kings in a speciall manner reign by Christ Ergo Not by the peoples free election The P. Prelate argueth like himself By this Text a Major of a Citie by the Lord decreeth justice Ergo He is not made a Major of the Citie by the people of the Citie It followeth not 4. None of us teach that Kings reign by Gods anger We judge a King a great mercy of God to Church or State But the Text saith not By the Lord Kings and Iudges do not onely reign and decree justice but also murther Protestants by raising against them an Army of Papists And the word 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Powers doth in no Greek Author signifie irrevocable powers for Vzziah was a lawfull King and yet 2 Chron. 26. lawfully put from the throne and cut off from the house of the Lord And Interpreters on this place deny that the place is to be understood of Tyrants so the Chaldee Paraphrase turns it well Potentes virga justitiae so Lavater and Diâ—datus and Thomas saith this place doth prove That all Kings and Iudges Laws derivari a lege aeterna are derived from the eternall Law The Prelate eating his tongue for anger striveth to prove That all power and so Royall power is of God but what can he make of it we beleeve it though he say Sectaries prove by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That a man is justified by faith onely so there is no power but of God onely but feel the smell of a Iesuite it is the Sectaries doctrine That we are justified by faith onely but the Prelates and the Iesuites goe another way not by faith onely but by works also And all power is from God onely as the first Author and from no man What then Therefore men and people interpose no humane act in making this man a King and not this man It followeth And let us with the Prelate joyn Paul and Solomon together and say That Soveraigntie is from God of God by God as Gods appointment irrevocable Then shall it never follow it is unseparable from the person except you make the King a man immortall as God onely can remove the Crown it is true but God onely can put an unworthy and an excommunicated Prelate from Office and Benefice but how Doth that prove that men and the Church may not also in their place remove an unworthy Church-man when the Church following Gods Word delivereth to Satan Christ onely as head of the Church excommunicateth scandalous men Ergo The Church cannot do it and yet the Argument is as good the one way as the other for all the Churches on earth cannot make a Minister properly they but design him to the Ministery whom God hath gifted and called But shall we conclude ergo no Church on earth but God onely by an immediate action from Heaven can deprive a Minister how then durst Prelates excommunicate unmake and imprison so many Ministers in the three Kingdoms But the truth is take this one Argument from the Prelate and all that is in his Book falleth to the ground to wit Soveraigntie is from God onely A King is a creature of Gods making onely and what then Ergo Soveraigntie cannot be taken from him So God onely made Aarons house Priests 2. Solomon had no Law to depose Abiathar from the Priest-hood Possibly the Prelate will grant all the place Rom. 13. which he saith hath tortured us I refer to a fitter place it will be found to torture Court Parasites I goe on with the Prelate c. 3. Sacred Soveraignty is to be preserved and Kings are to be prayed for that we may lead a godly life 1 Tim. 3. What then 1. All in authority are to be prayed for even Parliaments by that text Pastors are to be prayed for and without them sound religion cannot well subsist 2. Is this questioned but Kings should be prayed for or are we wanting in this duty but it followeth not that all dignities to be prayed for are immediatly from God not from men Prelate Prov. 8. Solomon speaketh first of the establishment of Government before he speake of the workes of Creation ergo better not be at all as be without government And God fixed government in the person of Adam before Evah or any else came into the world and how shall government be and we enjoy the fruits of it except we preserve the Kings sacred Authority inviolable Ans Moses Gen. 1. speaketh of Creation before he speaketh of Kings and Moses speaketh Gen. 3. of Adams sins before he speakes of redemption through the blessed seed ergo better never be redeemed at all as to to be without sin 2. If God made Adam a governour before he made Evah and any of Mankind he was made a father and a husband before he had either sonne or wise Is this the Prelates Logick he may prove that two eggs on his fathers Table are three this way 3. There is no government where soveraignty is not keptinviolable It is true where there is a King soveraignty must be inviolable What then Arbitrary government is not soveraignty 4. He intimateth Aristocracy and Democracy and the power of Parliaments which maketh Kings to be nothing but Anarchie for he speaketh here of no government but Monarchy P. Prelate there is need of grace to obey the King Ps 18. 43. Ps 144. 2. It is God who subdueth the people under David 2. Rebellion against the King iâ— rebellion against God Pet. 2. 17. Prov 24. 12. Ergo Kings have a neare alliance with God Ans 1. There is much grace in Papists and Prelates then who use to write and Preach against grace 2. Lorinus your brother Iesuite will with good warrant of the texts inferre that the King may make a conquest of his own Kingdomes of Scotland and England by the sword as David subdued the Heathen 3. Arbitrary governing hath no alliance with God a rebell to God his Country and an Apostate hath no reason to terme lawfull defence against cut-throat Irish rebellion 4. There is need of much grace to obey Pastors inferiour Iudges masters Col. 3. 22 23. ergo their power is from God immediatly and no more from men then the King is created King by the people according to the way of Royalists P. Prelate God saith of Pharaoh Exo. 9. 7. I have raised thee up Elisha from God constituted the King of Syria 2 King 8. 13. Pharaoh Abimelech Hiram Hazael Hadad are no lesse honoured with the compellation of Kings then David Saul c. Ier. 29. 9. Nebuchadnezer is honoured to be called by way of excellency Gods servant which God giveth to David a King according to his owne heart and Esay 45. 1 2. Thus saith the Lord to his anoynted Cyrus and God nameth him neere a hundreth yeare before he was borne Esay 44. 28. He is my shepheard Daniel 2. 19 20. 17. 24. God giveth Kingdomes to whom he will Dan. 5. 8. and p. 37. Empires Kingdomes Royalties are not
supposeth the people to be under Popular Government this is not our case for Spalato and the Prelate presupposeth by our grounds that the people by nature must be under Popular Government Augustine dreameth no such thing and we deny that by nature they are under any form of Government 2. Augustine in a case most considerable thinketh one good and potent man may take the corrupt peoples power of giving Honours and making Rulers from them and give it to some good men few or many or to one then Augustine layeth done as a ground that which Spalato and the Prelate denieth That the people hath power to appoint their own Rulers otherwayes how could one good man take that power from them And the Prelates fifth Argument is but a Branch of the fourth Argument and is answered already P. Prelate Chap. 11. He would prove That Kings of the peoples making are not blessed of God The first creature of the peoples making was Abimelech Iudg. 9. 22. who reigned onely three yeers well neer Anti-Christs time of endurance he came to it by blood and an evil spirit rose betwixt him and the men of Sechem and he made a miserable end The next was Ieroboam who had this Motto He made Israel to sin the people made him King and he made the same pretence of a glorious Reformation that our Reformers now make new Calves new Altars new Feasts are erected they banish the Levites and take in the scum and drosse of the 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 faith Abimâ—lech 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 Iaw 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 calâ—ing to the Crown were not blessed of God and their Government was a ruine to â—oth people and Religion as the people were removed to all the Kingdoms of the earth for the sins of Manassâ—h 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 salsly 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
Assert Meere conquest by the sword without the consent of the people is no just title to the Crowne 1. Because the lawfull title that Gods Word holdeth forth to us beside the Lords choosing and calling of a man to the Crowne is the peoples election Deut. 17. 15. all that had any lawfull calling to the Crowne in Gods Word as Saul David Solomon c. were called by the people and the first lawfull calling is to us a rule and paterne to all lawfull callings 2. A King as a King and by vertue of his Royall Office is the Father of the Kingdome a Tutor a Defender Protector a Shield a Leader a Shepheard an Husband a Patron a Watchman a Keeper of the people over which he is King and so the Office essentially includeth acts of fatherly affection care love and kindnesse to those over whom he is set so as he who is cloathed with all these relations of love to the people cannot exercise those officiall Acts on a people against their will and by meere violence Can he be a Father and a Guide a Patron to us against our will and by the sole power of the bloudy sword a benefit conferred upon any against their will is no benefit Will he by the awsome dominion of the sword be our father and we unwilling to be his sonnes an head over such as will not be menbers will he guide me as a Father an Husband against my will he cannot come by meere violence to be a Patton a Shield and a defender of me through violence 3. It is not to be thought that that is Gods just Title to a Crowne which hath nothing in it of the essence of a King but a violent and bloody purchase which is in its prevalency in an oppressing Nymrod and the cruellest tyrant that is hath nothing essentiall to that which constituteth a King for it hath nothing of Heroick and Royall wisedome and gifts to governe and nothing of Gods approving and regulating will which must be manifested to any who would be a King but by the contrary cruelty hath rather basenesse and witlesse fury and a plaine reluctancy with Gods revealing Will which forbideth murther Gods Law should say Murther thou and prosper and raigne and by the act of violating the sixt Commandement God should declare his approving Will to wit his lawfull call to a Throne 4. There be none under a Law of God who may resist a lawfull call to a lawfull Office but men may resist any impulsion of God stirring them up to murther the maniest and strongest and cheife men of a Kingdome that they may raigne over the fewest the weakest and the young and lowest of the people against their will therefore this call by the sword is not lawfull If it be said that the Divine impulsion stirring up a man to make a bloody conquest that the ire and just indignation of God in Iustice may be declared on a wicked Nation is an extraordinary impulsion of God who is above a Law and therefore no man may resist it Ans then all bloody Conquerors must have some extraordinary revelation from Heaven to warrant their yeelding of obedience to such an extraordinary impulsion And if it be so They must shew a lawfull and immediate extraordinary impulsion now but it is certaine the sinnes of the people conquered and their most equall and just demerit before God cannot be a just plea to legitimate the Conquest for though the people of God deserved vastation and captivitie by the Heathen in regard of their sinnes before the throne of Divine Iustice yet the Heathen grievously sinned in conquering them Zach. 1. 15. And I am very sore displeased with the Heathen that are at ease for I was but a little displeased and they helped forward the affliction So though Iudah deserved to be made captives and a conquered people because of their idolatry and other sinnes as Ieremiah had prophecied yet God was highly displeased at Babylon for their unjust and bloody Coneuest Jer. 50. 17 18 33 34. c. 51. 35. The violence done to me and to my flesh be upon Babylon shall the inhabitants of Zion say and my blood upon the inhabitants of Chaldea shall Jerusalem say And that any other extraordinary impulsion to be as lawfull a call to the Throne as the peoples free election we know not from Gods word and we have but the naked word of our Adversaries that William the Conquerour without the peoples consent made himselfe by blood the lawfull King of England and also of all their posteritie And that King Fergus conquered Scotland 5. A King is a speciall gift of God given to feed and defend the people of God that they may lead a godly and peaceable life under him Isal 78. v. 71 72. 1 Tim. 2. 2. as it is a judgement of God that Israel's without a King for many dayes Hos 3. 4. and that there is no Iuâ—ge no King to put evill doers to shame Iudg. 19. 1. but if a King be given of God as a King by the acts of a bloody Conquest to be avenged on the sinfull land over which he is made a King he cannot be given actu primo as a speciall gift and blessing of God to feed but to murther and to destroy for the genuine end of a Conqueror as a Conqueror is not peace but fire and sword If God changâ— his heart to be of a bloody Vastator a father Prince and feeder of the people ex officio now he is not a violent Conquerour and he came to that meeknes by contraries which is the proper worke of the omnipotent God and not proper to man who as he cannot worke miracles so neither can he lawfully worke by contraries and so if Conquest be a lawfull title to a Crown and an ordinary calling as the opponents presume every bloody Conquerour must be changed into a loving father Prince and feeder and if God call him none should oppose him but the whole Land should dethrone their own native Soveraigne whom they are obliged before the Lord to defend and submit to the bloody invasion of a strange Lord presumed to be a just Conqueror as if he were lawfully called to the Throne both by birth and the voyces of the people And truly they deserve no wages who thus defend the Kings Prerogative royall for if the sword be a lawfull title to the crown suppose the two Generals of both Kingdomes should conquer the most and the chiefest of the Kingdome now when they have so many forces in the field by this wicked reason the one should have a lawfull call of God to be King of England and the other to be King of Scotland which is absurd 6. Either conquest as conquest is a just title to the crown or as a just conquest If as Conquest then all conquests are just titles to a Crown then the Ammonites Zidonians Canaanites Edomites c. subduing Gods people for
farre lesse can he lawfully sell men and give away a whole Kingdome to the hurt of his successours for that were to make merchandize of the living Temples of the Holy Ghost And Arnisaus de authorit Princip c. 3. n. 7. saith Servitude is praeter naturam beside nature he might have said contrary to nature l. 5. de stat homin Sect. 2. Iust de jur perso c. 3. Novel 89. but the subjection of subjects is so consonant to nature that it is seen in Bees and Cranes Therefore a dominion is defined a facultie of using of things to what uses you will Now a man hath not this way an absolute dominion over his beasts to dispose of them at his will for a good man hath mercy on the life of his beast Prov. 12. 10. nor hath he dominion over his goods to use them as he will because he may not use them to the dammage of the Commonwealth he may not use them to the dishonour of God and so God and the Magistrate hath laid some bound on his dominion And because the King being made a King leaveth not off to be a reasonable creature he must be under a Law and so his will and lust cannot be the rule of his power and dominion but law and reason must regulate him Now if God had given to the King a dominion over men as reasonable creatures his power and dominion which by Royalists is conceived to be above Law should be a rule to men as reasonable men which would make men under Kings no better then bruit beasts for then should subjects exercise acts of reason not because good and honest but because their Prince commandeth them so to doe and if this cannot be said none can be at the disposing of Kings in politick acts liable to Royall government that way that the slave is in his actions under the dominion of his master The Prelate objecteth out of Spalato Arnisaeus and Hug. Grotius for in his booke there is not one line which is his own except his raylings 1. All government and superioritie in Rulers is not primely and only for the Subjects good for some are by God and Nature appointed for the mutuall and inseperable good of the superiour and inferiour as in the government of husband and wife or father and sonne and in herili dominio in the government of a Lord and his servant the good and benefit of the servant is but secondary and consecutively intended it is not the principall end but the externall and adventâ—tious as the gaine that commeth to a Physitian is not the proper and internall end of his art but followeth only from his practice of Medicine Ans The Prelates logick tendeth to this some government tendeth to the mutuall good of the superior and inferior but Royall Government is some government ergo nothing followeth from a major proposition Ex particulari affirmante in prima figura Or of two particular propositions 2. If it be thus formed every maritall government and every government of the Lord and servant is for the mutuall good of the superiour and inferiour But Royall Government is such ergo c. the assumption is false and cannot be proved as I shall anon cleare 2. Obj. Solomon disposed of Cabul and gave it to Hiram ergo a conquered Kingdome is for the good of the conquerour especially Ans Solomons speciall giving away some Titles to the King of Tyre being a speciall fact of a Prophet as well as a King cannot warrant the King of England to sell England to a forraine Prince because William made England his owne by conquest which also is a most false supposition and this he stole from Hugo Grotius who condemneth selling of Kingdomes 3 Object A man may render himselfe totally under the power of a Master without any conditions and why may not the body of a people doe the like even to have peace and safety surrender themselves fully to the power of a King A lord of great Mannours may admit no man to live in his Lands but upon a condition of a full surrender of him and his posterity to that lord Tacitus sheweth us it was so anciently amongst the Germans and the Campanians surrendered themselves fully to the Romans Answ What compelled people may do to redeem their lives with losse of liberty is nothing to the point such a violent Conquerour who will be a father and a husband to a people against their will is not their lawfull King and that they may sell the liberty of their posteritie not yet born is utterly denied as unlawfull yea a violentated father to me is a father and not a father and the posteritie may vindicate their own liberty given away unjustly before they were born Qua omne regnum vi partum potest vi dissolvi Object 4. But saith Doct. Fern these which are ours and given awaâ— to another in which there redoundeth to God by donation a speciall interest as in things devoted to holy uses though after they be abused yet we cannot recall them Ergo If the people be once forced to give away their liberty they cannot recall it far lesse if they willingly resign it to their Prince Answ This is not true when the power is given for the conservation of the Kingdom and is abused for the destruction thereof for a power to destruction was never given nor can it by rationall nature be given 2. Mortifications given to religious uses by a positive law may be recalled by a more divine and stronger law of nature such as is this I will have mercy and not sacrifice Suppose David of his own proper heritage had given the Shew-bread to the Priests yet when David and his men are famishing he may take it back from them against their will Suppose Christ man had bought the Corns and dedicated them to the Altar yet might he and his Disciples eat the Ears of Corn in their hunger The vessels of silver dedicated to the Church may be taken and bestowed on wounded Souldiers 2. A people free may not and ought not totally surrender their liberty to a Prince confiding on his goodnesse 1. Because liberty is a condition of nature that all men are born with and they are not to give it away no not to a King except in part and for the better that they may have peace and justice for it which is better for them hic nunc 2. If a people trusting in the goodnesse of their Prince inslave themselves to him and he shall after turn Tyrant a rash and temerarious surrender obligeth not Et ignorantia facit factum quasi involuntarium Ignorance maketh the fact some way unvoluntary for if the people had beleeved that a meek King would have turned a rouring Lyon they should not have resigned their liberty into his hand and therefore the surrender was tacitely conditionall to the King as meek or whom they beleeved to be meek and not to a
put us to flee even all Protestants and their seed and the weak and sick whom we are obliged to defend as our selves both by the Law of nature and grace I read that seven wicked nations and idolatrous were cast out of their land to give place to the Church of God to dwell there but shew me a warrant in natures Law and in Gods word that three Kingdomes of Protestantâ— their seed aged sick sucking children should flee out of England Scotland Ireland and leave Religion and the Land to a King and to Papists Prelates and bloody Irish and Atheists and therefore to a Church and community having Gods right and mans law to the land violent re-offending is their second mean next to supplications and declarations c. and flight is not required of them as of a private man Yea flight is not necessarily required of a private man but where it is a possible mean of self-preservation violent and unjust invasion of a private man which is unavoidable may be obviated with violent re-offending Now the unjust invasion made on Scotland in 1640. for refusing the Service-book or rather the idolatry of the Masse therein intended was unavoidable it was unpossible for the Protestants their old and sick their women and sucking children to flee over sea or to have shipping betwixt the Kings bringing an army on them at Duns-law and the Prelates charging of the Ministers to receive the masse-book Althusius saith well Pol. c. 38. n. 78. Though private men may flee but the estates if they flee they do not their duty to commit a country religion and all to a Lion Let not any oâ—ject we may not devise a way to fulfill the prophecy Psal 2. 8 9. Isa 49. 1. it is true if the way be our own sinfull way nor let any object a Colony went to New-England and fled the persecution Answer True but if fleeing be the onely mean after supplication there was no more reason that one Colony should go to New-England then it is necessary by a divine law obligatory that the wholâ— Protestants in the three kingdomes according to Royalists Doctrine are to leave their native country religion to one man to popish Idolators Atheists willing to worship idols with them and whethere then shall the Gospel be which we are obliged to defend with our lives 2. There is Tutela vitae proxima remota A meer and immediat defence of our life and a remote or mediat defence when there is no actuall invasion made by a man seeking our life we are not to use violent re-offending David might have killed Saul whâ—n he was sleeping and when he cut off the lap of his garment but it was unlawfull for him to kill the Lords Anointed because he is the Lords Annoited as it is unlawfull to kill a man because he is the Image of God Gen. 96. except in case of necessity The magistrate in case of necessity may kill the malefector thought his malefices do not put him in that case that he hath not now the image of God now prudency and light of grace determineth When we are to use violent re-offending for self-preservation it is not left to our pleasure In a remote posture of self-defence we are not to â—se violet re-offending David having Saul in his hand was in a remote posture of defence the unjust invasion then was not actuall not inavoidable not a necessary mean in human prudence for self-preservation for King Saul was then in a habituall not in an actuall pursuit of the whole Princes Elders and judges of Israel or of a whole community and Church Saul did but seek the life of one man David and that not for religion or a nationall pretended offence and therefore he could not in conscience put hands on the Lords anoynted but if Saul had actually invaded David for his life David might in that case make use of Goliahs sword for he took not that weapon with him as a Cypher to boast Saul it is no lesse unlawfull to threatten a King then to put hands on him and rather kill or be killed by 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 emissaries for he hath armies in two kingdomes and now in three 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 Religious Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrary 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-offending for self-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the three Kingdoms to actuall killing rather then we be killed and suffer Lawes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoynted 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 hand 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 colour of Law and reason 3. Unavoidably may be personally resisted 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 remaineth 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
whole Land cannot formally be accused for non-resistance when the whole Land are oppressors for then they should be accused for not resisting themselves 14. The King ought to resist the inferiour judges in their oppression of the people by the confession of Royalists then this argument cometh with the like force of strength on themselves let them shew us practice precept or promise in the Word where the King raised an Armie for defence of Religion against Princes and people who were subverting Religion and we shall make use of that same place of Scripture to prove that the Estates and people who are above the King as I have proved and made the King may and ought to resist the King with the like force of Scripturall truth in the like case 16. Royalists desire the like president of practice and precept for defensive warres but I answer let them shew us a practice where any King of Israel or Judah raised an Armie of Malignants of Phylistims Sydonians Ammonites against the Princes of Israel and Judah conveened in an Assemblie to take course for bringing home the captived Arke of God and vindicating the Lawes of the Land and raised an Armie contrary to the knowledge of the Elders Princes and Judges to set up Dagon or tollerate the worship of the Sydonian gods and yet Princes Elders Judges and the whole people were obliged all to flee out of Gods land or then onely to weep and request that the King would not destroy souls and bodies of them and their innocent posterities because they could not in conscience imbrace the worship of Dagon and the Sydonian gods when the Royalist can parallel this with a precedent we can answer there was as smal apparency of precedency in Scripture except you flee to the law of nature that 80 Priests the Subjects of King Vzziah should put in execution a penall Law against the Lords Annoynted and that the inferiours and subjects should resist the Superiour and that these Priests with the Princes of the land should remove the King from actuall government all his dayes and crown his son at least make the father their Prince and superiour as Royalists say as good as a Cypher Is not this a punishment inflicted by inferiours upon a superiour according to the way of Royalists Now it is clear a worshipping of bread and the Masse commanded and against law obtruded upon Scotland by influence of the counsell of known Papists is to us and in it self as abominable as the worshiping of Dagon or the Sydonian Gods and when the Kingdom of Scotland did but conveen supplicat and protest against that obtruded Idolatry they were first declared rebels by the King and then an army raised against them by Prelates and Malignants inspired with the spirit of Anti-christ to destroy the whole land if they should not submit soul and conscience to that wicked service QUEST XXXV Whether or no the suffering of the Martyrs in the Primitive Church militate against the lawfulnesse of defensive wars ROyalists think they burden our Cause much with hatred when they bring the Fathers and ancient Martyrs against us So the P. Prelate extracted out of other Authors testimonies for this and from I. Armagh in a Sermon on Rom. 1. 3. pag. 20 21. So the Do. of Aberdeene The Prelat proveth from Clem. Alexand. l. 7. c. 17. That the King is constituted by the Lord. So Ignatius Answ 1. Except he prove from these Fathers that the King is from God onely and immediately he proveth nothing Obj. 2. Iren. l. 5. adv haer c. 20. proveth that God giveth Kingdomes and that the devill lied Luk. 4. and we make the people to make Kings and so to be the children of the Devill Answ If we denyed God to dispose of Kingdomes this man might alledge the Church of God in England and Scotland to be the sons of Satan But Gods Word Deut. 17. 18. and many other places make the people to make Kings and yet not devils But to say that Prelates should crowne Kings and with their foule fingers anoint him and that as the Popes substitutes is to make him that is the sonne of perdition a Donor of Kingdoms also to make a man with his bloodie sword to ascend to a throne is to deny God to be the disposer of Kingdoms and Prelats teach both these Obj. 3. Tertul. Apol. c. 30. Inde est Imperator unde homo antequam imperator inde potestas illi unde spiritus God is no lesse the Creator of Soveraigntie then of the soul of man Answ God onely maketh Kings by his absolute soveraignty as he onely maketh high and low and so onely he maketh Mayors Provosts Bailiffes for there is no power but of him Rom. 13. Ergo Provosts and Bailiffes are not from men The Reader shall not be troubled with the rest of the testimonies of this poore Plagiarie for they prove what never man denyed but Prelats and Royalists to wit that Kings are not from Gods approving and regulating will which they oppose when they say Sole Conquest is a just title to the Crowne But they deserve rather an answer which Grotius Barclay Arnisaeus and Spalato alledge as Obj. 1. Cyprian Epist 1. Non est fas Christianis armis ac vituori se adversus impetum persecutorum Christians cannot by violence defend themselves against persecutors Answ If these words be pressed literally it were not lawfull to defend our selfe against murtherers but Cyprian is expresly condemning in that place the seditious tumults of people against the lawfull Magistrate Obj. 2. The Ancients say he was justly punished who did rend and teare the Edict of Dioclesian and Maximinus Euseb l. 7. Hist Eccles c. 5. Answ To rend an Edict is no act of naturall self-defence but a breach of a positive commandment of the Emperors and could not be lawfully done especially by a private man Object 3. Cyprian Epist 56. Incumbamus gemitibus assiduis deprecationibus crebris haec enim sunt munimenta spiritualia tela divina quae protegunt And Russinus l. 2. c. 6. Ambrosius adversus reginae Iustinae Arianae furorem non se manu defensabat aut telo sed jejuniis continuatisque vigiliis sub altari positus Answ It is true Cyprian reputed prayers his armour but not his onely armour Though Ambrose de facto used no other against Iustina the places say nothing against the lawfulnesse of selfe-defence Ambrose speaketh of that armour and these meanes of defence that are proper to Pastors and these are prayers and teares not the sword because Pastors carry the Arke that is their charge not the sword that is the Magistrates place Object 4. Tertullian Apolog. c. 37. saith expresly that the Christians might for strength and number have defended themselves against their persecutors but thought it unlawfull Quando vel una nox pauculis faculis largitatem ulâ—ionis po et operari si malum malo dispungi penes nos liceret sed absit
Kingdoms move in these wars by the Kings Lawes and are a formall politique body in themselves Obj. 2. The ground of the present wars against the King saith D. Ferne sect 4. pag. 13. is false to wit that the Parliament is coordinate with the King but so the King shall not be supreme the Parliaments consent is required to an act of supremacie but not to a denyall of that act And there can no more saith Arnisaeus de jure majestatis c. 3. in quo consistat essen majest c. 3. n. 1. and c. 2. anjur majest separ c. n. 2. be two equall and coordinate supreme powers then there can be two supreme Gods and multitudo deorum est nullitas deorum many gods infer no gods Ans 1. If we consider the fountaine-power the King is subordinate to the Parliament and not coordinate for the constituent is above that which is constituted If we regard the derived and executive power in Parliamentarie acts they make but a totall and compleat soveraigne power yet so as the soveraigne power of the Parliament being habitually and underived a prime and fountaine power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie acts as is cleare in that the Parliament make Kings 2. Make Lawes raise Armies when either the King is minor captived tyrannous or dead but Royall power Parliamentarie without the Parliament is null because it is essentially but a part of the Parliament and can work nothing separated from the Parliament no more then a hand cut off from the body can write and so here we see two supremes coordinate Amongst infinite things there cannot be two because it involveth a contradiction that an infinite thing can be created for then should it be finite but a royall power is essentially a derived and created power and supreme secundum quid onely in relation to single men but not in relation to the Communitie it is alwayes a creature of the communitie with leave of the Royalist 2. It is false that to an act of Parliamentarie supremacie the consent of the King is required for it is repugnant that there can be any Parliamentarie judiciall act without the Parliament but there may be without the King 3. More false it is that the King hath a negative voice in Parliament then he shall be sole Judge and the Parliament the Kings Creator and Constituent shall be a cypher Obj. 3. Arnesaeus de jur Maj. de potest armorum c. 5. n. 4. The People is mad and furious therefore supreme Majestie cannot be secured and Rebels suppressed and publike Peace kept if the power of Armour be not in the Kings hand only Answ To denude the people of Armour because they may abuse the Prince is to expose them to violence and oppression unjustly for one King may easilier abuse armour then all the people one man may more easily fail then a Community 2. The safety of the people is far to be preferred before the safety of one man though he were two Emperours one in the East another in the West because the Emperour is ordained of God for the good and safety of the people 1 Tim. 2. 2. 3. There can be no inferiour Judges to bear the sword as God requireth Rom. 13 4. Deut. 1. 15 16. 2 Chron. 19. 6 7. and the King must be sole Judge if he onely have the sword and all armour monopolized to himselfe Obj. 4. The causes of Warre saith M. Simmons sect 4. pag. 9. should not be made knowne to the Subjects who are to look more to the lawfull call to Warre from the Prince then to the cause of the War Answ The Parliament and all the Judges and Nobles are Subjects to Royalists if they should make war and shed blood upon blind obedience to the King not inquiring either in causes of Law or fact they must resigne their consciences to the King 2. The King cannot make unlawfull warre to be lawfull by any authority Royall except he could raze out the sixt Commandement therefore Subjects must look more to the causes of Warre then to the authority of the King and this were a faire way to make Parliaments of both Kingdomes â—et up Popery by the sword and root out the Refâ—rmed Religion upon the Kings Authority as the lawfull call to warre not looking to the causes of warre QUEST XXXVII Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them and killing them and â—ndevouring the establishment of Poperie though the King of Scotland should inhibit them MArianus saith one is obliged to help his brother non vinculâ— essicace not with any efficacious band because in these saith he non est actio aâ—t poena one may not have action of law against his brother who refuseth to help him yet saith he as man he is obliged to man nexu civilis societatis by the bond of humane society Others say one nation may indirectly defend a neighbour nation against a common enemie because it is a self-defence and it is presumed that a forraigne enemie having overcome the neighbour nation shall invade that nation it selfe who denyeth help and succour to the neighbour nation this is a self-opinion and to me it looketh not like the spiritâ—all Law of God 3. Some say it is lawfull but not alwayes expedient in which opinion there is this much truth that if the neighbor nation have an evil cause neque licet neque expedit it is neither lawfull nor expedient But what is lawful in the case of necessity so extreame as is the losse of a brothers life or of a nation must be expedient because necessity of non-sinning maketh any lawfull thing expedient As to help my brother in fire or water requiring my present and speedy help though to the losse of my goods must be as expedient as a negative commandement Thou shalt not murther 4. Others think it lawfull in the case that my brother seek my help only other wayes I have no calling thereunto to which opinion I cannot universally subscribe it is holden both by reason and the soundest divines that to rebuke my brother of sinne is actus misericordiae charitatis an act of mercy and charity to his soul yet I hold I am obliged to rebuke him by Gods law Levit. 19. 17. otherwise I hate him 1 Thes 5. 14. Col. 4. 17. Math. 18. 15. Nor can I think in reason that my duty of love to my brother doth not oblige me but upon dependency on his free consent but as I am to help my neighbours oxe out of a ditch though my neighbour know not and so I have onely his implicit and virtuall consent so is the case here I go not farther in this case of conscience if a neighbour nation be jealous of our help and in an hostile
power as a publique though a honourable servant and watchman appointed by the community as a mean for an end to regulate my bread houses moneys fields for the good of the publique Dominion is defined a faculty to use a thing as you please except you be hindered by force or by Law Iustin tit c. de legibus in l. digna vox c. So have I a dominion over my own garments house money to use them for uses not forbidden by the Law of God and man but I may not lay my corne field wast that it shall neither bear grassâ— nor corne the King may hinder that because it is a hurt to the publique but the King as Lord and Soveraigne hath no such dominion over Naboths viâ—eyard How the King is lord of all goods ratione jurisdictionis tuitionis se Anton. de paudrill in l. Altius n. 5. c. de servit Hottom illust quest q. 1. ad fin Conc. 2. Lod. Molin de just jur dis 25. Soto de justitia jur l. 4. q. 4. art 1. QUEST XL. Whether or no the people have any power over the King either by his oath covenant or any other way ARistotle saith Ethic. 8. c. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Tyrant seeketh his owne a King the good of the Subjects for he is no King who is not content and excelleth in goodnesse The former part of these words distinguish essentially the King by his office from the Tyrant Now every office requireth essentially a duty to be performed by him that is in office and where there is a duty required there is some obligation if it be a politique duty it is a politique obligation Now amongst politique duties betwixt equall and equall superiour and inferiour that is not de facto required coaction for the performance thereof but de jure there is for two neighbour Kings and two neighbour Nations both being equall and independent the one toward the other the one owe a duty to the other and if the Ammonites do â— wrong to David and Israel as they are equall de facto the one cannot punish the other though the Ammonites do a disgrace to Davids messengers yet de jure David and Israel may compell them to politique duties of politique consociation for betwixt independent kingdomes there must be some politique government and some politique and civil Lawes for two or three making a society cannot dwell together without some policy and David and Israel as by the Law of nature they may repell violence with violence so if the lawes of neighbour-hood and nations be broken the one may punish the other though there be no relation of superiority and inferiority betwixt them 2. Where ever there is a covenant and oath betwixt equals yea or superiours and inferiours the one hath some coactive power over the other if the father give his bond to pay to his son ten thousand pounds as his patrimony to him though before the giving of the bond the father was not obliged but onely by the Law of nature to give a patrimony to his son yet now by a politique obligation of promise covenant and writ he is obliged so to his son to pay ten thousand pounds that by the Law of Nations and the civil Law the son hath now a coactive power by Law to compell his father though his superiour to pay him no lesse then ten thousand pounds of patrimony Though therefore the King should stand simply superiour to his kingdom and estates which I shall never grant â—t if the King come under covenant with his kingdom as I have proved at length c. 13. he must by that same come under some coactive power to fulfill his covenant for omne promissum saith the Law cadit in debitum What any doth promise falleth under debt if the covenant be politique and civil as is the covenant between King David and all Israel 2 Sam. 5. 1 2 3. and between King Iehoash and the people 2 King 11. 17 18. Then the King must come under a civil obligation to performe the covenant and though their be none superiour to King and the people on earth to compell them both to performe what they have promised yet de jure by the Law of Nations each may compell the other to mutuall performance This is evident 1 By the Law of nations if one nation break covenant to another â—â—â—ugh both be independent yet hath the wronged nation a coactive power de jure by accident because they are weaker they want stength to compell yet they have right and jus to compell them to force the other to keep covenant or then to punish them because nature teacheth to repel violence by violence so it be done without desire of revenge and malice 2. This is proved from the nature of a promise or covenant for Solomon saith Prov. 6. 1. My son if thou be surety for thy friend if thou hast stricken thy hand with a stranger 2. Thou art snared with the words of thy mouth art taken with the words of thy mouth But whence is it that a man free is now snared as a beast in a gin or trap Certainly Solomon saith it is by a word and striking of hands by a word of promise and covenant Now the Creditor hath coactive power though he be an equall or an inferiour to the man who is surety even by Law to force him to pay and the Judge is obliged to give his coactive power to the Creditor that he may force the surety to pay Hence it is cleare that a Covenant maketh a free man under the coactive power of law to an equall and to weaker and the stronger is by the law of fraternity to help the weaker with his coactive power to cause the superiour fulfill his covenant If then the King giving and not granting he were superiour to his whole Kingdome come under a covenant to them to seek their good not his owne to defend true Protestant Religion they have power to compell him to keep his covenant and Scotland if the King be stronger then England and break his covenant to them is obliged by Gods law Prov. 24. 11. to adde their forces and coactive power to help their brethren of England 3. The Law shall warrant to loose the vassal from the Lord when the Lord hath broken his covenant Hippolitus in l. Si quis viduam col 5. dixit de quest l. Si quis major 41. 161. Bartol n. 41. The Magdeburgens in libel de offic magistrat Imperatores reges esse primarios vasallos imperii regni proinde si feloniam contra imperium aut regnum committant fewdo privari proinde ut alios vasallos Arnisaeus q. 6. An princeps qui jurat subditis c. n. 2. saith This occasioneth confusion and sedition The Egyptians saith he cast off Pâ—olomeus because he affected too much the name of a King of the Romans his own friend Dion l.
or immediately p. 160. How the inferiour Iudge is the deputy of the King p. 161 162. He may put to death murtherers as having Gods sword committed to him no lesse then the King even though the King command the contrary for he is not to execute judgement and to relieve the oppressed conditionally if a mortall King give him leave but whether the King will or no he is to obey the King of Kings p. 160 161. Inferiour Iudges are ministri regni non ministri regis p. 162 163. The King doth not make Iudges as he is a man by an act of private good will but as he is a King by an act of Royall Iustice and by a power that he hath from the people who made himself supreme Iudge p. 163 164 165. The Kings making of inferiour Iudges hindereth not but they are as essentially Iudges as the King who maketh them not by fountain-power but by power borrowed from the people p. 165 166. The Iudges in Israel and the Kings differ not essentially p. 167. Aristocracy as naturall as Monarchie and as warrantable p. 168 169. Inferiour Iudges depend some way on the King in fieri but not in facto esse p. 169 170. The Parliament not Iudges by derivation from the King p. 170. The King cannot make nor unmake Iudges ibid. No heritable Iudges ibid. Inferiour Iudges more necessary then a King p. 171 172. QUEST XXI What power the People and States of Parliament hath over the King and in the State p. 172. The Elders appointed by God to be Iudges p. 173. Parliaments may conveen and judge without the King p. 173 174. Parliaments are essentially Iudges and so their consciences neither dependeth on the King quoad specificationem that is That they should give out this sentence not this nec quoad exercitium That they should not in the morning execute judgement p. 174 175. Vnjust judging and no judging at all are sins in the States p. 175. The Parliament coordinate Iudges with the King not advisers onely By eleven Arguments p. 176 177 Inferior Iudges not the Kings Messengers or Legates but publike Governours p. 176. The Jews Monarchie mixt p. 178. A Power executive of Laws more in the King a Power legislative more in the Parliament p. 178 179. QUEST XXII Whether the power of the King as King be absolute or dependent and limited by Gods first mould and patern of a King Negatur Prius Affirmatur Posterius p. 179. The Royalists make the King as absolute as the Great Turk p. 180. The King not absolute in his power proved by nine Arguments p. 181. 182 183 seq Why the King is a living Law p. 184. Power to do ill not from God ibid. Royalists say power to do ill is not from God but power to do ill as punishable by man is from God p. 186. A King actu primo is a plague and the people slaves if the King by Gods institution be absolute p. 187. Absolutenesse of Royaltie against Iustice Peace Reason Law p. 189. Against the Kings relation of a brother p. 190. A Damsel forced may resist the King ibid. The goodnesse of an absolute Prince hindereth not but he is actu primo a Tyrant p. 189. QUEST XXIII Whether the King hath a Prerogative Royall above Laws Negatur p. 192. Prerogative taken two wayes ibid. Prerogative above Laws a Garland proper to infinite Majestie ibid. A threefold dispensation 1. Of power 2. Of justice 3. Of Grace p. 194. Acts of meer grace may be acts of blood p. 195. An oath to the King of Babylon tyed not the people of Judah to all that absolute power could command ibid. The absolute Prince is as absolute in acts of crueltie as in acts of grace p. 196. Servants are not 1 Pet. 2. 18 19. interdited of self-defence p. 199 200. The Parliament materially onely not formally hath the King for their Lord p. 202. Reason not a sufficient restraint to keep a Prince from Acts of tyranny ibid. Princes have sufficient power to do good though they have not absolute to do evil p. 203. A power to shed innocent blood can be no part of any Royall power given of God p. 204. The King because he is a publike person wanteth many priviledges that subjects have p. 205 206. QUEST XXIV What relation the King hath to the Law p. 207. Humane Laws considered as reasonable or as penal ibid. The King alone hath not a Nemothetick power p. 208. Whether the King be above Parliaments as their Iudge p. 208 p. 209 210 211. Subordination of the King to the Parliament and coordination both consistent p. 210 211. Each one of the three Governments hath somewhat from each other and they cannot any one of them be in its prevalency conveniently without the mixture of the other two p. 211 212. The King as a King cannot erre as he erreth in so far he is not the remedie of oppression and Anarchie intended by God and nature p. 212. In the court of necessitie the people may judge the King p. 213. Humane Laws not so obscure as tyranny is visible and discernable p. 213 214. It s more requisite that the whole people Church and Religion be secured then one man p. 215. If there be any restraint by Law on the King it must be physicall for a morall restraint is upon all men p. 214 215. To swear to an absolute Prince as absolute is an oath eatenus in so far unlawfull and not obligatory p. 215. QUEST XXV Whether the supreme Law the safetie of the people be above the King Affirmed p. 218. The safetie of the people to be preferred to the King for the King is not to seek himself but the good of the people p. 218 219. Royalists make no Kings but Tyrants p. 222. How the safetie of the King is the safetie of the people p. 223. A King for the safetie of the people may break through the Letter and paper of a Law p. 227. The Kings prerogative above Law and Reason not comparable to the blood that has been shed in Ireland and England p. 225 226 228. The power of Dictators prove not a Prerogative above Law p. 229 230. QUEST XXVI Whether the King be above the Law p. 230 231. The Law above the King in four things 1. In constitution 2. Direction 3. Limitation 4. Coaction p. 231. In what sense the King may do all things p. 231 232. The King under the moralitie of Laws 2. Vnder Fundamentall Laws not under punishment to be inflicted by himself nor because of the eminency of his place but for the physicall incongruity thereof p. 232 233. If and how the King may punish himself p. 233. That the King transgressing in a hainous manner is under the Coaction of Law proved by seven Arguments p. 234 235 seq The Coronation of a King who is supposed to be a just Prince yet proveth after a Tyrant is conditionall and from ignorance and so unvoluntary and in so far not
p. 355. Objections of Royalists answered p. 355 356 357. seq The place Exod. 22. 28. Thou shalt not revile the Gods c. answered p. 357. And Eccles 10. 20. p. 358. The place Eccles 8. 3 4. Where the word of a King is c. answered p. 357 358. The place Iob 34. 18. answered p. 359. And Act. 23. 3. God shall smite thee thou whited wall c. p. 359 360 361. The Emperours in Pauls time not absolute by their Law p. 361. That objection that we have no practise for defensive resistance and that the Prophets never complaine of the omission of the duty of resistance of Princes answered p. 163 164 165. The Prophets cry against the sin of non-resistance when they cry against the Iudges because they execute not judgements for the oppressed p. 365 366. seq Iudahs subjection to Nebuchadnezar a conquering Tyrant no warrant for us to subject our selves to tyrannous acts p. 363 364 365. Christs subjection to Caesar nothing against defensive warrs p. 365 366. QUEST XXXV Whether the sufferings of the Martyrs in the Primitive Church Militant be against the lawfulnesse of defensive warrs p. 369 370. Tertullian neither ours nor theirs in the question of defensive warrs p. 370 371 372. QUEST XXXVI Whether the King have the power of warre only Negatur p. 372 373. Inferiour Iudges have the power of the sword no lesse then the King p. 372 373. The people tyed to acts of charity and to defend themselves the Church and their posterity against a forraigne enemy though the King forbid p. 373 374. Flying unlawfull to the States of Scotland and England now Gods Law tying them to defend their Country p. 374. Parliamentary Power a fountain-power above the King p. 376 377. QUEST XXXVII Whether the Estates of Scotland are to help their Brethren the protestants in England against Cavaliers Affirmatur proved by 13. Arg. p. 378. seq Helping of neighbour Nations lawfull divers opinions concerning the point p. 378 379. The Law of Aegypt against those that helped not the oppressed p. 380. QVEST. XXXVIII Whether Monarchy be the best of Governments Affir p. 384. Whether Monarchy be the best of Governments hath divers considerations in which each one may be lesse or more convenient p. 384 385. Absolute Monarchy is the worst of Governments p. 385. Better want power to doe ill as have it ibid. A mixture sweetest of all Governments p. 387. Neither King nor Parliament have a voyce against Law and reason ibid. QUEST XXXIX Whether or no any Prerogative at all above the Law be due to the King Or if jura majestatis be any such Prerogative Negatur p. 389. A threefold supreme power ibid. What be jura regalia p. 390 391. Kings confer not honours from their plenitude of absolute power but according to the strait line and rule of Law justice and good deserving ibid. The Law of the King 1 Sam. 8. 9 11. p. 392 393. Difference of Kings and Judges ibid. The Law of the King 1 Sam. 8. 9 11. No permissive Law such as the Law of divorce p. 394. What dominion the King hath over the goods of the subjects p. 395 396 397. QUEST XL. Whether or no the people have any power over the King either by his Oath Covenant or any other way Affirmed p. 398 399. The people have power over the King by reason of his Covenant and Promise ibid. Covenants and promises violated infer Coaction de jure by Law though not de facto p. 399 400. Mutuall punishments may be where there is no relation of superioritie and inferioritie p. 399 400 401. Three Covenants made by Arnisaeus ibid. The King not King while he swear the oath and be accepted as King by the people ibid. The oath of the Kings of France ibid. Hu. Grotius setteth down seven cases in which the people may accuse punish or dethrone the King p. 403 404. The Prince a noble Vassal of the Kingdom upon four grounds p. 405. The covenant had an oath annexed to it ibid. The Prince is but as a private man in a contract p. 406. How the Royall power is immediately from God and yet conferred upon the King by the people p. 407 408 409. QUEST XLI Whether doth the P. P. with reason ascribe to us the doctrine of Jesuites in the Question of lawfull defence Negatur p. 410 411 412. That Soveraignty is originally and radically in the people as in the Fountain was taught by Fathers ancient Doctors sound Divines Lawyers before there was a Jesuite or a Prelate whelped in rerum natura p. 413. The P. P. holdeth the Pope to be the Vicar of Christ p. 414 415. Iesuites tenets concerning Kings p. 415 416 417. The King not the peoples Deputie by our doctrine it is onely the calumnie of the P. Prelate p. 417 418. The P. P. will have power to act the bloodiest tyrannies on earth upon the Church of Christ the essentiall power of a King ibid. QUEST XLII Whether all Christian Kings are dependent from Christ and may be called his Vicegerents Negatur p. 422. Why God as God hath a man a Vicegerent under him but not as Mediator p. 422 423. The King not head of the Church ibid. The King a sub-mediator and an under redeemer and a sub-priest to offer sacrifices to God for us if he be a Vicegerent p. 423. The King no mixt person ibid. Prelates deny Kings to be subject to the Gospel p. 426 427. By no Prerogative Royall may the King prescribe religious observances and humane ceremonies in Gods worship p. 424 425. The P. P. giveth to the King a power Arbitrary supreme and independent to govern the Church p. 429 430. Reciprocation of subjections of the King to the Church of the Church to the King in divers kindes to wit of Ecclesiasticall and civill subjection are no more absurd then for Aarons Priest to teach instruct and rebuke Moses if he turne a tyrannous Achab and Moses to punish Aaron if he turn an obstinate Idolator p. 430 4â—3 QVEST. XLIII Whether the King of Scotland be an absolute Prince having prerogatives above Laws and Parliaments Negatur p. 433 434. The King of Scotland subjâ—ct to Parliaments by the fundamentall Lawes Acts and constant practises of Parliaments ancient and late in Scotland p. 433 434 435 436. seq The King of Scotlands Oath at his Coronation p. 434. A pretended absolute povver given to K. Iames 6. upon respect of personall indowments no ground of absolutenesse to the King of Scotland p. 435 436. By Lawes and constant practises the Kings of Scotland subject to Lawes and Parliaments proved by the fundamentall Law of elective Princes and out of the most partiall Historicians and our Acts of Parliament of Scotland p. 439 440. Coronation oath ibid. And again at the Coronation of K. James the 6. that oath sworn and again 1 Par. K. Jam. 6. ibid. seq p. 452 453. How the King is supreme Iudge in all causes p. 437. The power
in all things except sinne It is tyrannicall and domineering Logick Many things are ascribed to God only by reason of a speciall and admirable act of providence as the saving of the world by Christ the giving of Canaan to Israel the bringing his people out of Egypt and from Chaldea the sending of the Gospel to both Iew Gentile c. But shall we say that God did none of these things by the ministerie of men and weake and fraile men 2. How proveth the Prelate that all royall ensignes are ascribed to God because Esa 62. the Church universall shall be as a crown of glorie and a royall diadem in the hand of the Lord ergo baculus in angulo the Church shall be as a seale on the heart of Christ what then Hieronymus Procopius Cyrillus with good reason render the meaning thus Thou O Zion and Church shalt be to me a royall Priesthood and a holy people For that he speaketh of his owne Kingdome and Church is most evident v. 1. 2. For Zions sake I will not hold my peace c. 3. God put a crown of pure gold on Davids head Psal 21. 3. therefore Iulian Nero and no elective Kings are made and designed to be Kings by the people He shall never prove this consequence The Chaldee paraphrase applyeth it to the reigne of King Messiah Diodatus he speaketh of the kingdome of Christ Ainsworth maketh this crowne a signe of Christs victorie Athanasius Eusebius Origen Augustine Dydimus expound it of Christ and his kingdome The Prelate extendeth it to all Kings as the blasphemous Rabbines especially Ra. Salomon deny that he speaketh of Christ here but what more reason is there to expound this of the crownes of all Kings given by God I deny not to Nero Julian c. then to expound the foregoing and following verses as applyed to all Kings Did Julian rejoyce in Gods salvation did God grant Nero his hearts desire did God grant as it is v. 4. life eternall to Heathen Kings as Kings which words all Interpreters expound of the eternitie of Davids throne till Christ come and of victorie and life eternall purchased by Christ as Ainsworth with good reason expounds it And what though God give David a Crown ergo not by second causes and by bowing all Israels heart to come in sinceritie to Hebron to make David King 1 King 12. 38. God gave corne and wine to Israel Hos 2. shall the Prelate and the Anabaptist inferre Ergo he giveth it not by plowing sowing and the art of the husbahd-man 3. The Heathen acknowledged a Divinitie in Kings but he is blind who readeth them and seeth not in their writings that they teach that the people maketh Kings 4. God girt David with strength while he was a private man and persecuted by Saul and fought with Goliah as the title of the same beareth and he made him a valiant man of warre to breake bowes of steele ergo he giveth the sword to Kings as Kings and they receive no sword from the people This is poore Logick 5. The P. Prelate sendeth us Judg. 7. 17. to the singular and extraordinarie power of God with Gideon and I say that same power behoved to be in Oreb and Zeba v. 27. for they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princes and such as the Prelate from Pro. 8. 15. saith have no royall power from the people 6. Moses and Aaron their two rods were miraculous This will prove that Priests are also Gods and their persons srcred I see not except the Prelate would be at worshipping of Reliques what more royall Divinitie is in Moses his rod because he wrought miracles by his rod then there is in Elias his staffe in Peters napkin in Pauls shadow This is like the strong symbolicall Theologie of his fathers the Jesuites which is not argumentative except he say that Moses as King of Jesurum wrought miracles and why should not Nero Caligula Pharoah and all Kings rods then dry up the red sea and work miracles 7. We give all the stiles to Kings that the Fathets gave and yet we thinke not when David commandeth to kill Vriah and a King commandeth to murther his innocent subjects in England and Scotland that that is Divalis jussio the command of a God and that this is a good consequence What ever the King commandeth though it were to kill his loyallest Subjects is the commandement of God Ergo the King is not made King by the people 8. Ergo saith he these new Statists disgrace the King If a most New Statist sprung out of a poore pursevant of Kraill from the dunghill to the Court could have made himselfe an old Statist and more expert in state affaires then all the Nobles and soundest Lawyers in Scotland and England this might have more weight 9. Therefore the King saith P. P. is not the extract of the basest of rationall creatures He meaneth fex populi his owne house and linage but God calleth them his owne people a royall Priesthood a chosen generation and ps 78. 71. will warrant us to say the people is much worthier before God then one man seeing God choose David for Iacob his people and Israel his inheritance that he might feede them Iohn P. P. his fathers suffrage in making a King will never be sought We make not the multitude but the three Estates including the Nobles and Gentry to be as rationall creatures as any Apostate Prelate in the three Kingdomes QUEST VII Whether or no the P. Prelate the aforesaid Authâ—r doth by force of reason evince that neither constitution nor designation of the King is from the people THe P. Prelate aymeth but it is an empty ayme to prove that the people are wholly excluded I answer only Arguments not pitched on before as the Prelate saith P. Prelate 1. To whom can it be more proper to give the rule over men then to him who is the onely King truely and properly of the whole world 2. God is the immediate Author of all rule and power that is amongst all his creatures above or below 3. Man before the fall received dominion and empire over all the creatures below immediatly as Gen. 1. 28. Gen. 9. 2. ergo we cannot deny that the most noble government to wit Monarchy must be immediatly from God without any Contract or compact of men Ans The first reason concludeth not what is in question for God only giveth rule and power to one man over another ergo he giveth it immediatly it followeth not 2. It shall as well prove that God doth immediatly constitute all Iudges and therefore it shall be unlawfull for a city to appoint a Major or a shire a Iustice of peace 3. The second argument is inconsequent also because God in creation is the immediat Author of all things and therefore without consent of the creatures or any act of the creature created an Angell a nobler creature then man and a man then a
avowed as the Doctrine of the Church of Scotland and England as the learned Author and my much respected brother evidenceth in his Ludensium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Canterburian selfe conviction 4. The Parliament of England was never yet found guilty of Treason 5. The good Counsellers of great States-men that Parliaments of both Kingdomes would take from the Kings Majesty are a faction of perjured Papists Prelates Iesuites Irish cut-throates Strafords and Apostate subverters of all Lawes divine humane of God of Church of State P. Prelate In whom so ever this power of Government be it is the onely remedy to supply all defects and to set right what ever is disjoynted in Church and State and the subject of this super-intending power must be free from all errour in Iudgement and Practice and so we have a Pope in temporalibus and if the Parliament erre the people must take order with them else God hath left Church and State remedilesse Ans This is stollen from Barolaius also 1. but the same Barclaius saith Si Rex regnum suum alienâ— ditioni manciparit regno cadit If the King shall sell his Kingdome or inslave it to a forraigne power he falleth from all right to his Kingdome but who shall execute any such Law against him not the people not the Peeres not the Parliament for this Mancipium ventris aulae this slave saith p. 147. I know no power in any to punish or curbe Soveraignty but in Almighty God 2. We see no super-intending power on earth in King or people infallible nor is the last power of taking order with a Prince who inslaveth his Kingdome to a forraigne power placed by us in the people because they cannot erre Court flattererâ— who teach that the will of the Prince is the measure of all right and wrong of Law and no Law and above all Law must hold that the King is a temporall Pope both in Ecclesiasticall and Civill matters but because they cannot so readily destroy themselves the law of Nature having given to them a contrary internall principle of selfe preservation as a Tyrant who doth care for himselfe and not for the people 3. And because Extremis morbis extrema remedia in an extraordinary exigent when Achab and Iezabell did undoe the Church of God and Tyrannize over both the bodies and consciences of Priest Prophet and people Elias procured the convention of the States and Elias with the peoples helpe killed all Baals Priests the King looking on and no question against his heart In this case I thinke it s more then evident that the people resumed their power 4. We teach not that people should supply all defects in Government nor that they should use their power when any thing is done amisse by the King no more then the King is to cut off the whole people of God when they refuse an Idolatrous service obtruded upon them against all Law the people is to suffer much before they resume their power but this Court slave will have the people to doe what he did not himselfe for when King and Parliament summoned him was he not obliged to appeare Non-compearance when lawfull royall and Parliamentory power summoneth is no lesse resistance then taking of Forts and Castles P. Prelate Then this super-intending power in people may call a King to accompt and punish him for any misdemeanour or act of injustice Why might not the people of Israels Peeres or Sanedrin have convented David before them judged and punished him for his Adultery with Bathsheba and his murther of Uriah but it is holden by all that Tyranny should be an intended universall totall manifest destruction of the whole Common-wealth which cannot fall in the thoughts of any but a mad man What is recorded in the Story of Nero his wish in this kind may be rather judged the expression of transported passion then a fixed resolution Ans The P. Prelate contrary to the scope of his booke which is all for the subject and seat of Soveraigne power against all order hath plunged himselfe in the deep of Defensive armes and yet hath no new thing 1. Our law of Scotland will warrant any subject if the King take from him his heritage or invade his possession against Law to resist the invaders and to summon the Kings intruders before the Lords of Session for that act of injustice Is this against Gods Word or Conscience 2. The Sancdrim did not punish David Ergo it is not lawfull to challenge a King for any one act of injustice from the practice of the Sanedrim to conclude a thing lawfull or unlawfull is logick we may resist 3. By the P. Prelates doctrine the law might not put Bathshebah to death nor yet Joab the neerest agent of the murthering of innocent Vriah because Bathshebaes adulterie was the Kings adulterie she did it in obedience to King David Joabs murther was Royall murther as the murther of all the Cavaliers for he had the Kings hand-writing for it Murther is Murther and the murtherer is to dye though the King by a secret Let alone a private and illegall warrant command it Ergo the Sanedrim might have taken Bathshebaes life and Joabs head also and consequently the Parliament of England if they be Judges as I conceive God and the Law of that ancient and renowned Kingdome maketh them may take the head of many Joabs and Jermines for murther â—or the command of a King cannot legitimate murther 4. David himselfe as King speaketh more for us then for the Prelate 2 Sam. 12. 7. And Davids anger was greatly kindled against the man the man was himselfe v. 7. Thou art the man and he said to Nathan as the Lord liveth the man that hath done this shall surely dye 5. Every act of injustice doth not un-King a Prince before God as every act of uncleannesse doth not make a wife no wife before God 6. The Prelate excuseth Nero and would not have him resisted if all Rome were one neck that he might cut it off with one stroke I read it of Caligula If the Prelate see more in Historie then I doe I yield 7. He saith the thoughts of totall eversion of a Kingdome must only fall on a mad man The King of Britaine was not mad when he declared the Scots Traytors because they resisted the service of the Masse and raised an Army of Prelaticall cut-throats to destroy them if all the Kingdome should resist Idolatry as all are obliged The King sleeped upon this Prelaticall resolution many moneths passions in servor have not a dayes raigne upon a man And this was not so cleare as the sun but it was as cleare as written printed Proclamations and the pressing of Souldiers and the visible marching of Cut-throats and the blocking of Scotland up by sea and land could be visible to men having five senses Covaruv a great Lawyer saith 1. that all Civill power is penes remp in the hands of the Common-wealth
are for the heir as the mean for the end But the King is for his Kingdom as a mean for the end as the watch-man for the Citie the living Law for peace and safetie to Gods people and therefore is not heres hominum An heir of men but men are rather heredes regis heirs of the King Arnisaeus Many Kingdoms saith he are purchased by just war and transmitted by the Law of heritage from the father to the son beside the consent of the people because the son receiveth right to the Crown not from the people but from his parents nor doth he possesse the Kingdom as the patrimony of the people keeping onely to himself the burden of protecting and governing the people but as a proprietie given to him lege regni by his parents which he is obliged to defend and rule as a father looketh to the good and welfare of the family yet so also as he may look to his own good Answ We read in the Word of God That the people made Solomon King not that David or any King can leave in his Testament a Kingdom to his son 2. He saith The son hath not the right of reigning as the patrimony of the people but as a proprietie given by the Law of the Kingdom by his parents Now this is all one as if he said The son hath not the right of the Kingdom as the patrimony of the people but as the patrimony of the people which is good non-sense For the proprietie of reigning given from father to son by the Law of the Kingdom is nothing but a right to reign given by the Law of the people and the very gift and patrimony of the people for Lex regni This Law of the Kingdom is the Law of the people tying the Crown to such a Royall Family and this Law of the people is prior and ancienter then the King or the right of reigning in the King or which the King is supposed to have from his Royall father because it made the first father the first King of the Royall Line For I demand How doth the son succeed to his fathers Crown and Throne Not by any promise of a divine Covenant that the Lord maketh to the father as he promised that Davids seed should sit on his throne till the Messiah should come this as I conceive is vanished with the Common-wealth of the Iews nor can we now finde any immediate divine constitution tying the Crown now to such a race nor can we say this cometh from the will of the father King making his son King For 1. there is no Scripture can warrant us to say The King maketh a King but the Scripture holdeth forth that the people made Saul and David Kings 2. This may prove That the father is some way a cause why this son succeedeth King but he is not the cause of the Royaltie conferred upon the whole Line because the question is Who made the first father a King Not himself nor doth God now immediately by Prophets anoint men to be Kings then need force the people choose the first man then must the peoples election of a King be prior and more ancient then the birth-law to a Crown And election must be a better right then birth 2. The question is Whence cometh it that not onely the first father should be chosen King but also whence is that whereas it is in the peoples freewill to make the succession of Kings go by free election as it is in Denmark and Pol yet the people doth freely choose not only the first man to be King but also the whole race of the first born of this mans Family to be Kings All here must be resolved in the free will of the Communitie now since we have no immediate and propheticall enthroning of men it is evident That the lineall deduction of the Crown from father to son through the whole line is from the people not from the parent Hence I adde this as my sixth Argument That which taketh away that naturall aptitude and natures birth-right in a Communitie given to them by God and nature to provide the most efficacious and prevalent mean for their own preservation and peace in the fittest Government that is not to be holden but to make birth the best title to the Crown and better then free election taketh away and impedeth that naturall aptitude and natures birth-right of chosing not simply a Governour but the best the justest the more righteous and tyeth and fettereth their choice to one of a house whether he be a wise man and righteous and just or a fool and an unjust man therefore to make birth the best title to the Crown is not to be holden It is objected That parents may binde their after Generations to choose one of such a line But by this Argument their naturall birth-right of a free choice to elect the best and fittest is abridged and clipped and so the posterity shall not be tyed to a King of the Royall Line to which the Ancestors did swear See for this the learned Author of Scripture and Reasons pleaded for defensive Arms. Answ Frequent elections of a King at the death of every Prince may have by accident and through the corruption of our nature bloody and tragicall sequels and to eschew these people may tie and oblige their children to chose one of the first born Male or Female as in Scotland and England of such a line but I have spoken of the excellencie of the title by election above that of birth as comparing things according to their own nature together but give me leave to say That the posterity are tyed to that Line 1. Conditionally So the first born ceteris paribus be qualified and have an head to sit at the helm 2. Elections of Governours would be performed as in the sight of God and in my weak apprehension the person coming neerest to Gods judge Fearing God hating covetousnesse and to Moses his King Deut. 17. one who shall read in the Book of the Law and it would seem now that gracious morals are to us insteed of Gods immediate designation 3. The genuine and intrinsecall end of making Kings is not simply governing but governing the best way in peace honesty and godlinesse 1. Tim. 2. Ergo These are to be made Kings who may most expeditely procure this end neither is it my purpose to make him no King who is not a gracious man onely here I compare title with title 7. Argument Where God hath not bound the conscience men may not binde themselves or the consciences of the posterity But God hath not bound any nation irrevocably and unalterably to a Royall Line or to one kinde of Government Ergo No nation can binde their conscience and the conscience of the posterity either to one Royall Line or irrevocably and unalterably to Monarchy The proposition is clear 1. No Nation is tyed jure divine by
11. v. 14 15. and yet after those breaches David acknowledgeth him to be his Prince and the Lords annoynted Ans The Prophet Samuel his threatning 1 Sam. 17. is it not exponed of actuall unkinging and rejecting of Saul at the present for after that Samuel both honoured him as King before the people and prayed for him and mourned to God on his behalfe as King 1 Sam. 16. 1. 2. but the threatning was to have effect in Gods time when he should bring David to the Throne as was prophesied upon occasion of lesse sinne even his sacrificing and not waiting the time appointed as God had commanded 1 Sam. 13. v. 13 14. 2. The people and Davids acknowledgment of Saul to be the Lords annoynted and a King after he had committed such acts of Tyranny as seeme destructive of the Royall Covenant and inconsistent therewith cannot prove that Saul was not made King by the Lord and the people conditionally and that for the peoples good and safety and not for their destruction and it doth well prove that those acts of blood and tyranny committed by Saul were not done by him as King or from the principle of Royall power given to him by God and the people 2. That in these acts they were not to acknowledge him as King 3. That these acts of blood were contrary to the covenant that Saul did sweare at his inauguration and contrary to the conditions that Saul in the covenant tooke on him to perform at the making of the Royall covenant 4. They prove not but the States who made Saul King might lawfully dethrone him and annoint David their King But David had reason to hold him for his Prince and the Lords Anointed so long as the people recalled not their grant of Royall dignity as David or any man is obliged to honour him as King whom the people maketh King though he were a bloodier and more tyrannous man then Saul Any Tyrant standeth in titulo so long as the People and Estates who made him King have not recalled their grant so as neither David nor any single man though six hundred with him may unking him or detract obedience from him as King So many acts of disloyaltie and breaches of lawes in the Subjects though they be contrary to this Covenant that the States make with their Prince doth not make them to be no Subjects and the Covenant mutuall standeth thus 3 Arg. If the people as Gods instruments bestow the benefit of a Crown on their King upon condition that he will rule them according to Gods word then is the King made King by the people conditionally but the former is true Ergo so is the latter The assumption is proved thus because to be a King is to be an adopted father tutor a Politick servant and Royall watchman of the State and the Royall honour and Royall maintenance given to him is a reward of his labours and a Kingly hire And this is the Apostles argument Rom. 13. 6. For this cause pay you tribute also there is the wages for they are Gods ministers attending continually upon this very thing There is the worke Qui non implet conditionem à se promissam cadit benefiâ—io It is confirmed thus The people either maketh the man their Prince conditionally that he rule according to Law or absolutely so that he rule according to will or lust or 3. without any vocall transactions at all but only brevi manu say Reigne thou over us and God save the King And so there be no conditions spoken on either side Or 4. The King is obliged to God for the condition which he promiseth by oath to performe toward the people but he is to make no reckoning to the people whether he performe his promise or no for the people being inferiour to him and he solo Deo minor only next and immediate to God the people can have no jus no law over him by vertue of any covenant But the first standing we have what we seeke The second is contrary to Scripture He is not Deut. 17. 15 16. made absolutely a King to rule according to his will and lust for Reigne thou over us should have this meaning Come thou and play the Tyrant over us and let thy lust and will be a law to us which is against naturall sense nor can the sense and meaning be according to the third That the people without any expresse vocall and positive covenant give a Throne to their King to rule as he pleaseth because 1. it is a vain thing for the Prelate and other Mancipia Aulae Court-bellies to say Scotland and England must produce a written authentick covenant betwixt the first King and their People because say they it s the Lawes word De non apparentibus non existentibus eadem lex that covenant which appeareth not it is not For in positive covenants that is true and in such contracts as are made according to the Civill or Municipall lawes or the secondary law of Nations But the generall covenant of nature is presupposed in making a King where there is no vocall or written covenant if there be no conditions betwixt a Christian King and his people then those things which are just and right according to the law of God and the rule of God in moulding the first King are understood to regulate both King and People as if they had been written and here we produce our written covenant Deut. 17. 15. Josh 1. 8 9. 2 Chr. 31 32. 1. Because this is as much against the King as the people and more for if the first King cannot bring forth his written and authentick tables to prove that the Crown was given to him and his heires and his successors absolutely and without any conditions so as his will shall be a law ca lit causa he loseth his cause say they The King is in possession of the Royall power absolutely without any condition and you must put him from his possession by a law I answer this is most false 1. Though he were in mala fide and in unjust possession the law of Nature will warrant the people to repeal their right and plead for it in a matter which concerneth their heads lives and soules 2. The Parliaments of both Kingdomes standing in possession of a nomothetick power to make lawes proveth cleerely that the King is in no possession of any Royall dignitie conferred absolutely and without any condition upon him and therefore it is the Kings part by law to put the Estates out of possession And so though there were no written covenant the standing law and practice of many hundreth acts of Parliament is equivalent to a written covenant 2. When the people appointeth any to be their King the voyce of Nature exponeth their deed though there be no vocall or written covenant For that fact of making a King is a morall lawfull act warranted by the word of God Deut. 17. 15 16. Rom. 13.
Schoolemaster is clearely above all lawes of discipline which he imposeth on his Scholars but none can say that King Asa was clearely above that law of seeking of the Lord God of his fathers Diodorus Siculus l. 17. saith the Kings of Persia were under an oath and that they might not change the Lawes and so were the Kings of Egypt and Ethiopia The Kings of Sparta which Aristotle calleth just Kings renew their oath every moneth Romulus so covenanted with the Senate and People Carolus V. Austriacus sweareth he shall not change the Lawes without the consent of the Electors nor make new lawes nor dispose or impledge any thing that belongeth to the Empire So read we Spec. Saxon. l. 3. Act. 54. and Xenophon Cyriped l. 8. saith there was a covenant between Cyrus and the Persians The nobles are crowned when they crown their King and exact a speciall Oath of the King So doth England Polonia Spaine Arragonia c. Alberi Gentilis Hug. Grotius prove that Kings are really bound to performe Oathes and contracts to their people but notwithstanding there be such a covenant it followeth not from this saith Arnisaeus that if the Prince breake his covenant and rule tyrannically the people shall be free and the contract or covenant nothing Ans The covenant may be materially broken while the King remaineth King and the subjects remaine subjects but when it is both materially and formally declared by the States to be broken the people must be free from their Allegiance but of this more hereafter Arg. 7. If a Master bind himselfe by an Oath to his servant he shall not receive such a benefit of such a point of service if he violate the Oath his Oath must give his servant Law and right both to challenge his Master and he is freed from that point of service an Army appointeth such a one their Leader and Captaine but they refuse to doe it except he sweare he shall not betray them to the enemy he doth betray them then must the souldiers be loosed from that contract if one be appointed Pilate of a ship and not but by an Oath if he sell the Passengers to the Turke they may challenge the Pilate of his Oath and it is cleare that 1. the estates should refuse to give the Crown to him who would refuse to governe them according to Gods Law but should professe that he would make his owne will a Law therefore the intention of the Oath is clearely conditionall 2. When the King sweareth the Oath he is but King in fieri and so not as King above the States of Kingdomes now his being King doth not put him in a case above all civill obligation of a King to his subjects because the matter of the Oath is that he shall be under them so farre in regard of the Oath of God Arg. 8. If the Oath of God made to the people doe not bind him to the people to governe according to Law and not according to his will and lust it should be unlawfull for any to sweare such an Oath for if a power above law agree essentially to a King as a King as Royalists hold he who sweareth such a Oath should both sweare to be a King to such a people and should sweare to be no King in respect by his Oath he should renounce that which is essentiall to a King Arnisaeus objecteth Ex particularibus non potest colligi conclusio universalis some few of the Kings as David Ioash made a covenant with the people it followeth not that this was a universall law Ans Yea the covenant is Deut. 17. and must be a rule to all if so just a man as David was limited by a covenant then all the rest also QUEST XV. Whether or no the King be Vnivocally or only Analogically and by proportion a father IT is true Aristotle Polit. l. 3. c. 11. saith That the Kingly power is a fatherly power and Iustin Novell 12. c. 2. Pater quamvis legum contemptor quamvis impius sit tamen pater est But I doe not beleeve that as Royalists say that the Kingly power is essentially and univocally that same with a paternall or fatherly power or that Adam as a father was as a father and King and that suppose Adam should live in Noahs daies that by divine institution and without consent of the Kingdomes and communities on earth Adam hoc ipso and for no other reason but because he was a father should also be the universall King and Monarch of the whole world or suppose Adam were living to this day that all Kings that hath been since and now are held their Crownes of him and had no more Kingly power then inferiour Iudges in Scotland have under our soveraigne King Charles for so all that hath been and now are lawfull Kings should be unjust usurpers for if fatherly power be the first and native power of commanding it is against nature that a Monarch who is not my father by generation should take that power from me and be a King over both me and my children But I assert that though the Word warrant us to esteem Kings fathers Esa 49. 23. Jud. 5. 7. Gen. 20. v. 2. yet are not they essentially and formally fathers by generation Num. c. 11. v. 12. Have I conceived all this people have I begotten them and yet are they but fathers metaphorically 1. By office because they should care for them as fathers doe for children and so come under the name of fathers in the fifth Commandement and therefore rigorous and cruell Rulers are Leopards and Lyons and Wolves Ezech. 22. 27. Zeph. 3. 3. If then tyrannous Judges be not essentially and formally Leopards and Lyons but only metaphorically neither can Kings be formally fathers 2. Not only Kings but all Iudges are fathers in defending their subjects from violence and the sword and fighting the Lords battells for them and counselling them If therefore Royalists argue rightly A King is essentially a father and fatherly power and royall power are of the same essence and nature As therefore he who is once a father is ever a father and his children cannot take up armes against him to resist him for that is unnaturall repugnant to the 5. Commandement So he who is once a King is evermore a King and it is repugnant to the fifth Commandement to resist him with armes It is answered that the Argument presupposeth that Royall power and Fatherly power is one and the same in nature whereas they differ in nature and are only one by analogie and proportion for so Pastors of the Word are called fathers 1 Cor. 4. 15. it will not follow that once a Pastor evermore a Pastor and that if therefore Pastors turne wolves and by hereticall doctrine corrupt the flock they cannot be cast out of the Church 3. A father as a father hath not power of life and death over his sonnes because Rom. 13. by divine institution the
Maxwell the Prelate should he love him as the Pursevant of Craile Maxwell his father loved him I conceive not hath the adopted sonne his life his being the figure bodily the manners of the sonne in whose place he is adopted or doth he naturally resemble the father as the naturall sonne doth The Prelate did not read this Law in any approved Iurist though he did steale the argument from Arnisaeus and stole the citations of Homer and Aristotle out of him with a little Metathesis A naturall sonne is not made a sonne by the consent of Parents but he is a sonne by generation so must the adopted sonne be adopted without the free consent and grace of the father adopting so here the King commeth in the place of a naturall father but I conceive the Law saith not that the elected King is a King without consent of the subjects as the naturall father is a father without consent of his sonnes 2. Nor is it a Law true as once a father alwaies a father so once an elected King alwaies a King though he sell his subjects being induced thereunto by wicked Counsellors 3. If the King have no priviledges but what the naturall father hath in whose place he commeth then as the naturall father in a free Kingdome hath not power of life and death over his sonnes neither hath the King power of life and death over his subjects this is no Law 4. This maxime should prove good if the King were essentially a father by generation and naturall propagation but he is onely a father Metaphorically and by a borrowed speech A father non generando sed politicè alendo tuendo regendo therefore an elected Prince commeth not in the full possession of all the naturall power and rights of a naturall father 2. The P. Prelate speaketh disgracefully of the Church of God calling it a disorderly community as if he himselfe were borne of Kings where as God calleth the King their Shepheard and the people Gods flocke inheritance and people and they are not a disorderly body by nature but by sin in which sense the Prelate may call King Priest and people a company of Heires of Gods wrath except he be an Arminian still as once he was 3. If we are in ordinary providence now because we have not Samuels and Prophets to anoynt Kings to hold the designation of a person to be King to be the manifestation of Gods Will called voluntas â—igni is Treason for if Scotland and England should designe Maxwell in the place of King Charles our native Soveraigne an odious comparison Maxwell should be lawfull King for what is done by Gods Will called by our Divines they have it not from Schoolemen as the Prelate ignorantly saith his signified will which is our rule is done lawfully there can be no greater treason put in print then this QUEST XVI Whether or no a despotiticall and masterly dominion of men and things agree to the King because he is King I May here dispute whether the King be Lord having a masterly dominion both over men and things But I first discusse shortly his dominion over his subjects It is agreed on by Divines that servitude is a penall fruit of sinne and against nature Institut de jure personarum Sect. 1. F. de statu hominum l. libertas Because all men are borne by nature of equall condition 1 Assert The King hath no proper masterly or herile dominion over his subjects his dominion is rather fiduciary and ministeriall than masterly 1. Because Royall Empire is essentially to feed rule defend and to governe in Peace and Godlinesse 1 Tim. 2. 2. as the father doth his children Ps 78. 71. He brought him to feed Jacob his people and Israel his inheritance Esa 55. 4. I gave him for a leader and commander to the people 2 Sam. 5. 2. Thou shalt feed my people Israel 2 Sam. 5. 2. 1 Chron 11. 2. 1 Chron 17. 6. And so it is for the good of the people and to bring those over whom he is a feeder and ruler to such a happy end and as saith Althusius polit c. 1. n. 13. and Marius Salomonius de princ â— 2. it is to take care of the good of those over whom the Ruler is set and conservare est rem illaesam servare to keep a thing safe But to be a Master and to have a masterly and herile power over slaves and servants is to make use of servants for the owners benefit not for the good of the slave L. 2. de leg L. Servus de servit expert Danae polit l. 1. Tolossan de Rep. l. 1. c. 1. n. 15 16. therefore are servants bought and sold as goods jure belli F. de statu hominum l. servorum 2. Not to be under Governors and Magistrates is a judgement of God Esa 3. 6 7. Esa 3. 1. Hos 3. 4. Iudg. 19. 1 2. But not to be under a master as slaves are is a blessing seeing freedome is a blessing of God Ioh. 8. 33. Exod. 21. 2. v. 26 27. Deut. 15. 12. so he that killeth Goliah 1 Sam. 17. 25. his fathers house shall be free in Israel Ier. 34. 9. Act. 22. 28. 1 Cor. 9. 19. Gal. 4. 26. 31. Therefore the power of a King cannot be an herile and masterly power for then to be under a Kingly power should both be a blessing and a curse and just punishment of sinne 3. Subjects are called the servants of the King 1 Sam. 15. 2. 2 Chron. 13. 7. 1 King 12. 7. Exod. 10. 1 â— Exod 9. 20. but they are not slaves because Deut. 17. 20. they are his brethren That the Kings heare be not lifted up against his brethren And his sonnes Esa 49. 23. And the Lord gave his people a King as a blessing 1 King 10. 9. Hos 1. 11. Esa 1. 26. Ier. 17. 25. And brought them out of the house of bondage Exod. 20. v. 2. as out of a place of miserie And therefore to be the Kings servants in the places cited is some other thing then to be he Kings slaves 4. The Master might in some cases sell the servant for money yea for his own gain he might doe it Nehem. 5. 8. Eccles 2. 7. 1 King 2. 32. Gâ—n 9 25. Gen. 26 14. 2 King 4. 1. Gen. 20. 14. and might give away his servants and the servants were the proper goods and riches of the master Eccles 2. 7. Gen. 30. 43. Gen. 20. 14. Job 1. 3. 15. But the King may not sell his Kingdome or Subjects or give them away for money or any other way for Royalists grant that King to be a Tyrant and worthy to be dethroned who shall sell his people for the King may not delapidate the rents of the Crown and give them away to the hurt and prejudice of his successors L. ult Sect. sed nostr C. Comment de lege l. petâ— 69. Sect. fratrom de lege 2. l. 32. ulâ—imo D. T. and
regard the Church doth not so much as instrumentally conferre those abilities they may be said to come from God immediatly in relation to the Church who calleth the man to the ministery yea Royalists as our excommunicated Prelate learned from Spalato say that God at the naked presence of the Churches call doth immediatly infuse that from Heaven by which the man is now in Holy Orders and a Pastor whereas he was not so before and yet Prelates cannot deny but they can unmake Ministers and have practised this in their unhallowed Courts and therefore though God immediatly without any action of the people make Kings this is a weake reason to prove they cannot unmake them As for their undeleble character that Prelates cannot take from a Minister it is nothing if the Church may unmake a Minister though his character goe to prison with him we seeke no more but to anull the reason God immediatly maketh Kings and Pastors ergo no power on earth can unmake them this consequence is as weake as water 2. The other cause is because God hath erected no Tribunall on earth higher then the Kings Tribunall ergo no power on earth can unmake a King the Antecedent and consequence is both denyed and is a begging of the question for the Tribunall that made the King is above the King 2. Though there be no Tribunall formally regall and Kingly above the King yet is there a Tribunall vertuall eminently above him in the case of tyranny for the States and Princes have a Tribunall above him 3. To this the constituent cause is of more power and dignity then the effect and so the people is above the King The P. Prelate borrowed an answer from Arnisaeus and Barclay and other Royalists and saith If we knew any thing in Law or were ruled by reason Every constituent saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words where the constituent hath resigned all his power in the hand of the Prince whom he constitutes is of more worth and power then he in whose hand they resigne the power so the proposition is false The servant who hath constituted his Master Lord of his liberty is not worthier then his Master whom he hath made his Lord and to whom he hath given himselfe as a slave for after he hath resigned his liberty he cannot repent he must keepe covenant though to his hurt yea such a servant is not only not above his Master but he cannot move his foot without his Master The Governour of Britaine saith Arnisaeus being despised by King Philip resigned himselfe as Vassall to King Edward of England but did not for that make himselfe superiour to King Edward indeed he who constituteth another under him as a Legat is superiour but the people doe constitute a King above themselves not a King under themselves and therefore the people are not by this made the Kings superiour but his inferiour Ans 1. It is false that the people doth or can by the Law of nature resigne their whole liberty in the hand of a King 1. they cannot resigne to others that which they have not in themselves Nemo potest dare quod non habet but the people hath not an absolute power in themselves to destroy themselves or to exercise those tyrannous acts spoken of 1 Sam. 8. 11 12 13 14 15 c. for neither God nor Natures Law hath given any such power 2. He who constituteth himselfe a slave is supposed to be compelled to that unnaturall fact of alienation of that liberty which he hath from his Maker from the wombe by violence constraint or extreame necessity and so is inferiour to all free men but the people doth not make themselves slaves when they constitute a King over themselves because God giving to a people a King the best and excellentest Governour on earth giveth a blessing and speciall fafour Esay 1. 26. Hosea 1. v. 11. Esay 3. 6 7. Ps 79. 70 71 72. but to lay upon his people the state of slaverie in which they renounce their whole libertie is a curse of God Gen. 9. 25. Gen. 27. 29. Deut. 28. 32. 36. But the people having their liberty to make any of ten or twenty their King and to advance one from a private state to an honorable throne whereas it was in their libertie to advance another and to give him Royall power of ten degrees whereas they might give him power of twelve degrees and of eight or sixe must be in excellencie and worth above the man whom they constitute King and invest with such honour as Honour in the fountain and honos participans originans must be more excellent and pure then the derived honour in the King which is honos participâ—tus originatus 2. If the servant give his libertie to his master ergo he had that libertie in him and in that act libertie must be in a more excellent way in the servant as in the Fountaine then it is in the master and so this libertie must be purer in the people then in the King and therefore in that both the servant is above the master and the People worthier then the King and when the people give themselves conditionally and Covenant-wise to the King as to a Publique servant and Patron and Tutour as the Governour of Britaine out of his humour gave himselfe to King Edward there is even here a note of superioritie Every giver of a benefit as a giver is superior to him to whom the gift is given though after the servant hath given away his gift of libertie by which he was superiour he cannot be a superior because by his gift he hath made himselfe inferior 3. The People constituteth a King above themselves I distinguish supra se above themselves according to the fountaine power of Royaltie that is false for the fountaine-power remaineth most eminently in the people 1. because they give it to the King ad modum recipientis and with limitations ergo it is unlimited in the people and bounded and limited in the King and so lesse in the King then in the people 2. If the King turne distracted and an ill spirit from the Lord come upon Saul so as reason be taken from a Nebuchadnezzar it is certaine the people may put Curators and Tutors over him who hath the Royall power 3. If the King be absent and taken captive the People may give the Royall power to one or to some few to exercise it as custodes regni And 4. if he die and the Crown goe by election they may create another with more or lesse power all which evinceth that they never constituted over themselves a King in regard of fountaine-power for if they give away the fountaine as a slave selleth his libertie they could not make use of it Indeed they set a King above them quoad potestatem legum executivam in regard of a power of executing lawes and
voluntary aspect information or commandement of the King but on that immediate subjection of their conscience to the King of Kings And their Iudgement which they execute is the Lords immediatly and not the Kings and so the comparison halteth Arg. Our 10th Arg. If the King dying the Iudges inferiour remaine powers from God the Deputies of the Lord of Hoasts having their power from God then are they essentially Iudges yea and if the estates in their prime representators and leaders have power in the death of the King to choose and make another King then are they not Iudges and Rulers by derivation and participation or unproperly but the King is rather the Ruler by derivation and participation then these who are called inferiour Iudges Now if these Iudges depend in their Sentences upon the immediat will of him who is supposed to be the only Iudge when this only Iudge dyeth they should cease to be Iudges for Expirante mandatore expirat mandatum because the Fountaine Iudge drying up the streames must dry up Now when Saul dyed the Princes of the Tribes remaine by Gods institution Princes and they by Gods Law and Warrant Deut. 17. choose David their King 11. If the King through absolute power doe not send inferiour Iudges and constitute them but only by a power from the people and if the Lord have no lesse immediate influence in making inferiour Iudges then in making Kings then is there no ground that the King should be sole Iudge and the inferiour Iudge only Iudge by derivation from him and essentially his Deputy and not the immediate Deputy of God But the former is true ergo so is the latter And first that the Kings absolute Will maketh not inferiour Iudges is cleare from Deut. 1. 15. Moses might not follow his owne will in making inferiour Iudges whom he pleased God tyed him to a Law v. 13. that he should take wise men known amongst the people and fearing God and hating covetousnesse And these qualifications were not from Moses but from God and no lesse immediatly from God then the inward qualification of a King Deut. 17. and therefore it is not Gods Law that the King may make inferiour Iudges only Durante beneplacito during his absolute will for if these Divine qualifications remaine in the seventy Elders Moses at his will could not remove them from their places 2. That the King can make heritable Iudges more then he can communicate faculties and parts of judging I doubt riches are of fathers but not promotion which is from God and neither from the East nor the West That our Nobles are borne Lords of Parliament and Iudges by blood is a positive Law 3. It seemeth to me from Esay 3. 1 2 3 4. that the inferiour Iudge is made by consent of the people nor can it be called a wronging of the King that all cities and Burroughs of Scotland and England have power to choose their owne Provests Rulers and Majors 4. If it be warranted by God that the lawfull Call of God to the Throne be the election of the people the call of inferiour Iudges must also be from the people mediatly or immediatly So I see no ground to say that the inferiour Iudge is the Kings Vicegerent or that he is in respect of the King or in relation to supreme Authority only a private man 12. These Iudges cannot but be univocally and essentially Iudges no lesse then the King without which in a Kingdome Iustice is Physically unpossible and Anarchie and violence and confusion must follow if they be wanting in the Kingdome But without inferiour Iudges though there be a King Iustice is Physically unpossible and Anarchie and confusion must follow c. Now this Argument is more considerable that without inferiour Iudges though there be a King in a Kingdome Iustice and safety are unpossible and if there be inferiour Iudges though there be no King as in Aristocracy and when the King is dead and another not Crowned or the King is Minor or absent or a captive in the enemies Land yet justice is possible and the Kingdome preserved the Medium of the Argument is grounded upon Gods Word Num. 11. 14 15. when Moses is unable alone to judge the people seventy Elders re-joyned with him 16. 17. so were the Elders adjoyned to helpe him Exo. 24. 1. Deut. 5. 23. c. 22. 16. Iosh 23. 2. Iudg. 8. 14. Iudg. 11. 5. Iudg. 11. â—â— 1 Sam. 11. 3. 1 King 20. 7. 2 King 6. 32. 2 Chro. 34. 29. Ruth 4. 4. Deut. 19. 12. Ezech. 8. 1 Lament 1. 19. then were the Elders of Moab thought they had a King 2. The end naturall of Iudges hath been indigence and weaknesse because men could not in a society defend themselves from violence therefore by the light of nature they gave their power to one or more and made a Iudge or Iudges to obtaine the end of selfe preservation But Nature useth the most efficacious meanes to obtaine its end but in a great society and Kingdome the end is more easily attained by many Governours then by one only for where there is but one he cannot minister Iustice to all and the farther that the children are removed from their father and tutor they are the nearer to violence and unjustice Iustice should be at as easie a rate to the poore as a draught of water Samuel went yearely through the Land to Bethell Gilgall Mizpeh 1 Sam. 7. 16. and brought Iustice to the doores of the poore So were our Kings of Scotland obliged to doe of old but now justice is as deare as gold it is not a good argument to prove inferior Iudges to be only Vicars and Deputies of the King because the King may censure and punish them when they pervert judgement 1. Because the King in that punisheth them not as Iudges but as men 2. That might prove all the Subjects to be Vicars and Deputies of the King because he can punish them all in the case of their breach of lawes QUEST XXI What power the People and States of Parliament have over the King and in the State IT is true the King is the head of the Kingdome but the States of the Kingdome are as the temples of the head and so as essentially parts of the head as the King is the crown of the head Assert 1. These Ordines Regni the States have been in famous Nations so there were fathers of families and Princes of Tribes amongst the Jewes The Ephori amongst the Lacedemonians Polyb. hist l. 6. The Senate amongst the Romanes The forum Superbiense amongst the Arragonians The Parliaments in Scotland England France Spaine 2 Sam. 3. 17. Abner communed with the Elders of Israel to bring the King home And there were Elders in Israel both in the time of the Judges and in the time of the Kings who did not only give advice and counsell to the Judges and Kings but also were Iudges no lesse then
the Kings and Iudges which I shall make good by these places Deut. 21. 19. The rebellious Son is brought to the Elders of the Citie who had power of life and death and caused to stone him Deut. 22. 18. The Elders of the Citie shall take that man and chastise him Iosh 20. 4. But beside the Elders of every Citie there were the Elders of Israel and the Princes who had also judiciall power of life and death as the Iudges and King had Josh 22. 30. Even when Ioshua was Iudge in Israel the Princes of the Congregation and heads of the Thousands of Israel did judicially cognosce whether the Children of Reuben of Gad and of halfe the tribe of Manasseh were apostates from God and the Religion of Israel 2 Sam. 5. 3. All the Elders of Israel made David King at Hebron and Num. 11. They are appointed by God not to be the advisers only and helpers of Moses but v. 14 17. to beare a part of the burden of ruling and governing the people that Moses might be eased Jeremiah is accused c. 26. 10. upon his life before the Princes Iosh 7 4. The Princes sit in judgement with Ioshua Iosh 9. 15. Ioshua and the Princes of the Congregation sware to the Gibeonites that they would not kill them The Princes of the house of Israel could not be rebuked for oppression in judgement Mic. 3. 1 2 3. if they had not had power of judgement So Zeph. 3. 3. And Deut. 1. 17. 2. Chron. 19. 6 7. They are expresly made Iudges in the place of God And 1 Sam. 8. 2. without advise or knowledge of Samuel the supreme Iudge they conveene and ask a King and without any head or superior when there is no King they conveene a Parliament and make David King at Hebron And when David is banished they conveen to bring him home againe when Tyrannous Athalia reigneth they conveene and make Ioash King and that without any King And Iosh 22. there is a Parliament conveened and for any thing we can read without Ioshua to take cognisance of a new Altar It had been good that the Parliaments both of Scotland and of England had conveened though the King had not indicted and summoned a Parliament without the King to take order with the wicked Clergie who had made many idolatrous Altars And the P. Prelate should have brought an argument to prove it unlawfull in foro Dei to set up the Tables and Conventions in our Kingdome when the Prelates were bringing in the grossest idolatrie into the Church a service for adoring of Altars of Bread the worke of the hand of the Baker a God more corruptible then any god of silver and gold And against Achabs will and minde 1 King 18 19. Elias causeth to kill the Priests of Baal according to Gods expresse law It is true it was extraordinary but no otherwise extraordinary then it is at this day When the supreme Magistrate will not execute the judgement of the Lord Those who made him supreme Magistrate under God who have under God soveraigne libertie to dispose of crownes and kingdomes are to execute the judgement of the Lord when wicked men make the law of God of none effect 1 Sam. 15. 32. so Samuel killed Hagage whom the Lord expresly commanded to be killed because Saul disobeyed the voyce of the Lord. I deny not but there is necessitie of a cleere warrant that the Magistrate neglect his duty either in not conveening the States or not executing the judgement of the Lord. 3. I see not how the conveening of a Parliament is extraordinarie to the States for none hath power ordinary when the King is dead or when he is distracted or captive in another land to conveene the Estates and Parliament but they only and in their defect by the law of Nature the people may conveene But 4. If they be essentially Iudges no lesse then the King as I have demonstrated to the impartiall Reader in the former Chapter I conceive though the State make a positive law for Orders cause that the King ordinarily conveene Parliaments Yet if we dispute the matter in the court of Conscience the Estates have intrinsecally because they are the Estates and essentially Iudges of the Land ordinary power to conveene themselves 1. Because when Moses by Gods rule hath appointed seventie men to be Catholike Iudges in the Land Moses upon his sole pleasure and will hath not power to restraine them in the exercise of judgment given them of God for as God hath given to any one Iudge power to judge righteous judgement though the King command the contrary so hath he given to him power to sit down in the gate or the bench when and where the necessitie of the oppressed people calleth for it For 1. the expresse commandement of God which saith to all Iudges Execute judgement in the morning involveth essentially a precept to all the Physicall actions without which it is impossible to execute judgement As namely if by a divine precept the Iudge must execute judgement ergo he must come to some publique place and he must cause partie and witnesses come before him and he must consider cognosce examine in the place of judgement things persons circumstances and so God who commandeth positive acts of judgeing commandeth the Iudges locomotive power and his naturall actions of compelling by the sword the parties to come before him even as Christ who commandeth his servants to preach commandeth that the Preacher and the People goe to Church and that he stand or sit in a place where all may heare and that he give himselfe to reading and meditating before he come to preach And if God command one Iudge to come to the place of judgement so doth he command seventie and so all Estates to conveen in the place of judgement It is objected That the Estates are not Iudges ordinary and habitually but only Iudges at some certaine occasions when the King for cogent and weighty causes calleth them and calleth them not to judge but to give him advise and counsell how to judge Ans 1. They are no lesse Iudges habitually then the King when the common affaires of the whole Kingdome necessitateth these Publique Watchmen to come together for even the King judgeth not actually but upon occasion 2. This is to beg the question to say that the Estates are not Iudges but when the King calleth them at such and such occasions for the Elders Princes and Heads of families and Tribes were Iudges ordinarie because they made the King And 2. the Kingdome by God yea and Church Iustice and Religion so far as they concerne the whole Kingdome are committed not to the keeping of the King only but to all the Iudges Elders and Princes of the Land And they are rebuked as evening wolves lyons oppressors Ezech. 22. 27. Zaca 3. 3. Esa 3. 14 15. Mic. 3. 1 2 3. when they oppresse the people in judgement So are they Deut.
conscience of obedience to his Law And what if the subject disobey the Great Turk if the Great Turke be a lawfull Prince as you will not deny And if the King of Spaine should command forraine conquered slaves to doe the like By your Doctrine neither the one nor the other were obliged to resist by violence but to pray or fly which both were to speake to stones and were like the man who in case of ship-wrack made his devotion of praying to the waves of the sea not to enter the place of his bâ—d and drowne him But a Christian King hath not this power Why and a Christian King by Royalists doctrine hath a greater power then the Turke if greater can be he hath power to command his subjects to cast themselves into Hell-fire that is to presse on them a service wherein it is written Adore the worke of mens hands in the place of the living God and this is worse then the Turkes commandement of bodily burning quick And what is left to the Christian Subjects in this case is the very same and no other then is left to the Turkish and forraigne Spanish subject Either flee or make prayers There is no more left to us 2. Many Royalists maintaine that England is a conquered Nation Why then see what power by law of Conquest the King of Spaine hath over his slaves the same must the King of England have over his subjects For to Royalists a title by Conquest to a Crown is as lawfull as a title by birth or election For lawfulnesse in relation to Gods law is placed in an indivisible point if we regard the essence of lawfulnesse And therefore there is nothing left to England but that all Protestants who take the oath of a Protestant King to defend the true Protestant Religion should after prayers conveyed to the King through the fingers of Prelates and Papists leave the Kingdome empty to Papists Prelates and Atheists 3. All power restrained that it cannot arise from ten degrees to foureteen from the Kingly power of Saul 1 Sam. 8. 9 11. to the Kingly power of the Great Turke to fourteen 1. must either be restrained by Gods law 2. or by Mans law or 3. by the innate goodnes and grace of the Prince or 4. by the providence of God A restraint from Gods law is vaine for it is no question between us and Royalists but God hath laid a morall restraint on Kings and all men that they have not morall power to sinne against God 2. Is the restraint laid on by mans law What law of man 1. The Royalist saith 1. The King as King is above all law of man Then say I no law of man can hinder the Kings power of ten to arise to the Turkish power of foureteen 2. All law of man as it is mans law is seconded either with Ecclesiasticall and spirituall coaction such as Excommunication or with Civill and temporall coaction such as is the Sword if it be violated But Royalists deny that either the sword of the Church in Excommunication or the Civill sword should be drawn against the King 3. This law of man should be produced by this profound Iurist the P. Prelate who mocketh at all the Statists and Lawyers of Scotland It is not a covenant betwixt the King and People at his Coronation for though there were any such covenant yet the breach of it doth binde before God but not before man nor can I see or any man else how a law of man can lay a restraint on the Kings power of two degrees to cancell it within a Law more then on a power of ten or fourteene degrees If the King of Spaine the lawfull Soveraigne of those over-European people as Royalists say have a power of foureteene degrees over those conquered Subjects as a King I see not how he hath not the like power over his own Subjects of Spaine to wit even of Foureteen for what agreeth to a King as a King and Kingly power from God he hath as King he hath it in relation to all Subjects except it be taken from him in relation to some Subjects and given by some law of God or in relation to some other Subjects Now no man can produce any such law 4. The nature of the goodnesse and grace of the Prince cannot lay bonds on the King to cancell his power that he should not usurpe the power of the King of Spaine toward his over-Europeans 1. Royalists plead for a power due to the King as King and that from God such as Saul had 1 Sam. 8. 9 11. 1 Sam. 10. 25. But this power should be a power of grace and goodnesse in the King as a good man not in the King as a King and due to him by law And so the King should have his Legall power from God to be a Tyrant But if he were not a Tyrant but should lay limits on his own power through the goodnesse of his own nature No thankes to Royalists that he is not a Tyrant For actu primo and as he is a King as they say he is a Tyrant having from God a Tyrannous power of ten degrees as Saul had 1 Sam. 8. and why not of foureteen degrees as well as the Great Turke or the King of Spaine if he use it not it is his own personall goodnesse not his officiall and Royall power 4. The rastraint of Providence laid by God upon any power to doe ill hindreth only the exercise of the power not to breake forth in as Tyrannous acts as ever the King of Spaine or the great Turke can exercise toward any Yea Providence layeth Physicall restraint and possibly morall sometimes upon the exercise of that power that Devils and the most wicked men of the world hath but Royalists must shew us that Providence hath laid bounds on the Kings power and made it fatherlie and not masterly so that if it the power exceed bounds of fatherly power and passe over to the dispoticall and masterly power it may be resisted by the Subjects But that they will not say 4. This paternall and fatherly power that God hath given to Kings as Royalists teach it trencheth not upon the libertie of the Subjects and propertie of their goods but in and by lawfull and just acts of Jurisdiction saith the P. Prelate Well Then it may trench upon the libertie of soule and body of the Subjects but in and by lawfull and just acts of of jurisdiction But none are to judge of these acts of Iurisdiction whether they be just or not just but the King the only Iudge of supreme and absolute authoritie and power And if the King command the idolatrous service in the obtruded Service-booke it is a lawfull and a just act of jurisdiction For to Royalists who make the Kings power absolute all acts are so just to the Subject though he command Idolatrie and Turcisme that we are to suffer only and not to resist 5. The
threatning 4. To be a King and an absolute Master to me are contradictory a King essentially is a living Law An absolute man is a creature that they call a Tyrant and no lawfull King yet doe I not meane that any that is a King and usurpeth absolutenesse leaveth off to be a King but in so far as he is absolute he is no more a King then in so far as he is a Tyrant But further the King of England saith in a Declaration 1. The Law is the measure of the Kings Power 2. Parliaments are essentially Lord Iudges to make Lawes essentially as the King is ergo the King is not above the Law 3. Magna Charta saith the King can doe nothing but by Lawes and no obedience is due to him but by Law 4. Prescription taketh away the title of conquests Obj 3. The King not the Parliament is the Anoynted of God Ans The Parliament is as good even a Congregation of Gods Psalme 82. 1. Obj. 4. The Parliament is the Court in their Acts they say with consent of our Soveraigne Lord. Ans They say not at the Commandement and absolute pleasure of our Soveraigne Lord. 2. He is their Lord materially not as they are formally a Parliament for the King made them not a Parliament but sure I am the Parliament had power before he was King and made him King 1 Sam. 10. 17 18. Obj. 5. In an absolute Monarchy there is not a resignation of men to any will as will but to the reasonable will of the Monarch which having the law of reason to direct it is kept from injurious acts Ans If reason be a sufficient restraint and if God hath laid no other restraint upon some lawfull King yee reason Then is Migistracy a lame a needlesse ordinance of God for all Mankind hath reason to keepe themselves from injuries and so there is no need of Iudges or Kings to defend them from either doing or suffering injuries But certainly this must be admirable If God as Author of nature should make the Lyon King of all beasts the Lyon remaining a devouring beast and should ordaine by nature all the sheepe and Lambs to come and submit their corps to him by instinct of nature and to be eaten at his will and then say The nature of a beast in a Lyon is a sufficient restraint to keepe the Lyon from devouring Lambs Certainly a King being a sinfull man and having no restraint on his power but reason he may thinke it reason to allow rebells to kill drowne hang torture to death an hundred thousand Protestants men women infants in the wombe and sucking babes as is clere in Pharaoh Manasseh and other Princes Obj. 6. There is no Court or Iudge above the King ergo he is absolutely supreame Ans The Antecedent is false The Court that made the King of a private man a King is above him and here are limitations laid on him at his Coronation 2. The States of Parliament are above him to censure him 3. In case of open Tyranny though the States had not time to conveen in Parliament if he bring on his people an hoast of Spaniards or forraine Rèbells his owne conscience is above him and the conscience of the people farre more called conscientia terrae may judge him in so farre as they may rise up and defend themselves Obj. 7. Here the Prelate borrowing from Grotius Barclay Arnisaeus or it s possible he be not so farre travelled for Doct. Ferne hath the same Soveraignty weakned in Aristocracy cannot do◠its worke and is in the next place to Anarchy and confusion When Zedekiah was over Lorded by his Nobles he could neither save himselfe nor the people nor the Prophet the servant of God Ieremiah nor could David punish Ioab when he was over-awed by that power he himselfe had put in his hand To weaken the head is to distemper the whole body if any good Prince or his Royall Antecessors be cheated of their sacred right by fraud or force he may at his fittest opportunity resume it What a sinne is it to rob God or the King of their due Ans Aristocracy is no lesse an ordinance of God then Royalty for Rom. 13. 1. and 1 Tim. 2. 1. All in Authority are to be acknowledged as Gods Vice-gerents the Senate the Consuls as well as the Emperour And so one ordinance of God cannot weaken another nor can any but by a lawlesse Animall say Aristocracy bordereth with confusion but he must say Order and Light are sister Germanes to confusion and darknesse 2 Though Zedekiah a man voyd of God were over-awed with his Nobles and so could not help Ieremiah it followeth not that because Kings may not do this and this good therefore they are to be invested with power to doe all ill if they doe all the good that they have power to doe they 'l finde way to helpe the oppressed Jeremiahes and because power to doe both good and evill is given by the Divell to our Scottish Witches it s a poore consequent that the States should give to the King power absolute to be a Tyrant 3. A State must give a King more power then ordinary especially to execute Laws which requireth singular wisdom when a Prince cannot alwayes have his great Councell about with him to advise him But 1. That is power borrowed and by loan and not properly his own and therefore it is no sacriledge in the States to resume what the King hath by a fiduciary Title and borrowed from them 2. This power was given to do good not evill David had power over Joab to punish him for his murther but he executed it not upon carnall fears and abused his power to kill innocent Vriah which power neither God nor the States gave him But how proveth he the States took power from David or that Ioab took power from David to put to death a murtherer that I see not 3. If Princes power to do good be taken from them they may resume it when God giveth opportunity But this is to the Prelate Perjury that the people by Oath give away their power to their King and resume it when he abuseth it to Tyranny But it is no perjurie in the King to resume a taken away power which if it be his own is yet lis sub judice a great controversie Quod in Cajo licet in Nevio non licet So he teacheth the King That Perjurie and Sacriledge is lawfull to him If Princes power to do ill and cut the whole Land off as one neck which was the wicked desire of Caligula be taken from them by the States I am sure 1. This power was never theirs and never the peoples and you cannot take the Princes power from him which was never his power 2. I am also sure the Prince should never resume an unjust power though he were cheated of it P. Prelate It is a poor shift to acknowledge no more for the
King not the people and the sense is The Kingdome is really some time in such a case that the Soveraigne must exercise an Arbitrary Power and not stand upon private mens interests or transgressing of Lawes made for the private good of individualls but for the preservation of it selfe and the publicke may break through all Lawes This he may in the case when suddaine forraine invasion threatneth ruine inevitably to King and Kingdome a Physitian may rather cut a Gangreened member then suffer the whole body to perish The Dictator in case of extreame dangers as Livie and Dion Halicarnass shew us had power according to his owne Arbitrament had a soveraigne Commission in peace and war of life death persons c. not co-ordinate not subordinate to any Ans It is not an Arbitrary power but naturally tyed and fettered to this same supreame Law Salus populi the safety of the people that a King breake through not the Law but the letter of the Law for the safety of the people as the Chyrurgion not by any prerogative that he hath above the Art of Chyrurgery but by necessity cutteth off a Gangreened member thus it s not Arbitrary to the King to save his people from ruine but by the strong and imperious Law of the peoples safety he doth it for if he did it not he were a murtherer of his people 2. He is to stand upon transgression of Lawes according to their genuine sense of the peoples safety for good Lawes are not contrary one to another though when he breaketh through the letter to the Law yet he breaketh not the Law for if twenty thousand Rebells invade Scotland he is to command all to rise though the formality of a Parliament cannot be had to indict the war as our Law provideth but the King doth not command all to rise and defend themselves by a Prerogative Royall proper to him as King and incommunicable to any but to himselfe 1. There is no such dinne and noise to be made for a King and his incommunicable Prerogative for though the King were not at all yea though he command the contrary as he did when he came against Scotland with an English Army the law of Nature teacheth all to rise without the King 2. That the King command this as King it is not a particular positive Law but he doth it as a man and a member of the Kingdom The law of Nature which knoweth no dreame of such a Prerogative forceth him to it as every member is by Natures indictment to care for the whole 3. It is poore hungry skill in this New Statist for so he nameth all Scotland to say that any Lawes are made for private interests and the good of some individuals Lawes are not Lawes if they be not made for the safetie of the people 4. It is false that the King in a publike danger is to care for himselfe as a man with the ruine and losse of any Yea in a publike calamitie a good King as David is to desire he may die that the Publique may bee saved 2 Samuel 24. 17. Exâ—dus 32. 32. It is commended of all that the Emperour Otho yea and Richard the 2. of England as M. Speed saith Hist of England p. 757. resigned their Kingdomes to eschew the effâ—sion of blood The Prelate adviseth the King to passe over all lawes of Nature and slay thousands of innocents and destroy Church and State of three Kingdomes for a straw and supposed Prerogative Royall Now certainly Prerogative and Absolutenes to doe good and ill must be inferior to a Law the end whereof is the safetie of the People For David willeth the pestilence may take him away and so his Prerogative that the People may be saved 2 Sam. 24. 17. for Prerogative is cumulative to doe good not privative to doe ill and so is but a meane to defend both the Law and the People 2. Prerogative is either a power to doe good or ill or both If the first be said it must be limited by the End and Law for which it is ordained A meane is no farther a meane but in so far as it conduceth to the end the safetie of all If the second be admitted It is Licence and Tyrannie not power from God If the third be said both reasons plead against this that Prerogative should be the Kings end in the present warres 3. Prerogative being a power given by the mediation of the people yea suppose which is false that it were given immediately of God yet it not a thing for which the King should raise war against his Subjects for God will aske no more of the King then he giveth to him The Lord reapeth not where he soweth not If the Militia and other things be ordered hitherto for the holding off Irish and Spanishe invasion by Sea and so for the good of the Land seeing the King in his own person cannot make use of the Militia he is to rejoyce that his Subjects are defended The King cannot answer to God for the justice of warre on his part It is not a case of conscience that the King should shed blood for to wit because the under-Officers are such men and not others of his choosing seeing the Kingdome is defended sufficiently except where Cavaliers destroy it And to me this is an unanswerable argument that the Cavaliers destroy not the Kingdomes for this Prerogative Royall as the principall ground but for a deeper designe even for that which was working by Prelates and Malignants before the late troubles in both Kingdomes 4. The King is to intend the safetie of his People and the safety of the King as a Governour but not as this King and this man Charles that is a selfe end a King David is not to looke to that for when the people was seeking his life and crown he saith Ps 3. 8. Thy blessing upon thy People He may care for and intend that the King and Government be safe for if the Kingdome be destroyed there cannot be a new Kingdome and Church on earth againe to serve God in that generation Psal 89. 47. but they may easily have a new King againe and so the safetie of the one cannot in reason be intended as a collaterall end with the safetie of the other for there is no imaginable comparison betwixt one man with all his accidents of Prerogative and Absolutenesse and three Nationall Churches and Kingdomes Better the King weep for a Childish triâ—le of a Prerogative than Poperie be erected and three Kingdomes be destroyed by Cavaliers for their own ends 5. The Dictators power is 1. a fact and proveth not a point of Conscience 2. His power was in an exigence of extreme danger of the Commonwealth The P. Prelate pleadeth for a constant absolutenesse above Lawes to the King at all times and that jure Divino 3. The Dictator was the Peoples creature ergo the Creator the People had that soveraigntie over him 4. The
easier to one to destroy many having a power absolute which God never gave him then for many to destroy themselves Then if the King Vzzah intrude himselfe and sacrifice the Priests doe sin in remedying thereof P. Prelate Why might not the people of Israell Peers or Sanedrim have convened before them judged and punished David for his Adultery and Murther Romanists and new Statists acknowledge no case lawfull but Heresie Apostacy or Tyranny and tyranny they say must be universall 2. Manifest as the Sunne 3. And with obstinacy and invincible by prayers as is recorded of Nero whose wish was rather a transported passion then a fixed resolution this cannot fall in the attempts of any but a Mad-man Now this cannot be proved of our King but though we grant in the foresaid case that the community may resume their power and rectifie what is amisse which we canno grant but this will follow by their doctrine in every case of male administration Ans The Prelate draweth me to speake of the case of the Kings unjust Murther confessed Ps 51. to which I answer He taketh it for confessed that it had been treason in the Sanedrin and States of Israel to have taken on them to judge and punish David for his Adultery and his Murther but he giveth no reason for this nor any word of God and truely though I will not presume to goe before others in this Gods Law Gen. 9. 6. compared with Num. 35. 30. 31. seemeth to say against them Nor can I thinke that Gods Law or his Deputy the Iudges are to accept the persons of the great because they are great Deut. 1. 17. 2 Chro. 19. 6 7. and we say We cannot distinguish where the Law distinguisheth not The Lord speaketh to under Iudges Levit. 19. 15. Thou shalt not respect the person of the poore nor honour the person of the mighty or of the Prince for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth I grant it is not Gods meaning that the King should draw the sword against himselfe but yet it followeth not that if we speake of the demerit of blood that the Law of God accepteth any Iudge great or small if the Estate be above the King as I conceive they are though it be a humane politicke constitution that the King be free of al coaction of Law because it conduceth for the peace of the Common-wealth yet if we make a matter of conscience for my part I see no exception that God makethit if men make I crave leave to say A facto ad jus non sequitur And I easily yeeld that in every case the Estates may coerce the King if we make it a case of conscience And for the place Ps 51. 4. Against thee only have I sinned 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 flatterers alleadge it to be a place that proveth that the King is above all earthly Tribunals and all Lawes and that there was not on earth any who might punish King David and so they cite Clemens Alexandria Strom. l. 4. Arnobi Psal 50. Dydimus Hieronim But Calvine on the place giveth the meaning that most of the Fathers give Domine etiam si me totus mundus absolvat mihi tamen plusquam satis est quod te solum judicem sentio It is true Beda Euthymius Ambrosius Apol. David c. 4. c. 10. do all acknowledge from the place De facto there was none above David to judge him and so doth Augustine Basilius Theodoret say and Chrysostomus and Cyrillus and Hyeronim Epist 22. Ambrose Sermo 16. in Psal 118. Gregorius and Augusti Ioan. 8. saith he meaneth no man durst judge or punish him but God only Lorinus the Iesuit observeth eleven interpretatiōs of the Fathers all to this sense since Lyra saith he sinned only against God because God only could pardon him Hugo Cardinalis because God only could wash him which he asketh in the Text. And Lorin Solo Deo conscio peccavi But the simple meaning is Against thee only have I sinned as my eye witnesse and imediate beholder and therfore he addeth and have done this evill in thy sight 2. Against thee only as my Iudge that thou maist be justified when thou judgest as cleare from all unrighteousnesse when thou shalt send the sword on my house 3. Against thee O Lord only who canst wash me and pardon me v. 1 2. And if this thee only exclude all together Vriah Bathsheba and the Law of the Iudges as if he had sinned against none of these in their kind then is the King because a King free not only from a punishing Law of man but from the duties of the second Table simply and so a King cannot be under the best and largest halfe of the Law Thou shalt love thy neighbour as thy selfe 2. He shall not need to say Forgive us our sinnes as we forgive them that sin against us for there is no reason from the nature of sin and the nature of the Law of God why we can say more the subjects and sonnes sin against the King and Father then to say the Father and King sin against the sonnes and subjects 3. By this the King killing his Father Iesse should sin against God but not breake the fist Command nor sinne against his father 4. God should in vaine forbid fathers to provoke their children to wrath 1. And Kings to doe unjustice to their subjects because by this the superiour cannot sinne against the inferiour for as much as Kings can sin against none but those who have power to judge and punish them but God only and no inferiours and no subjects have power to punish the Kings therefore Kings can sin against none of their subjects and where there is no sin how can there be a Law neither Major or Minor can be denyed by Royalists 2. We acknowledge Tyranny must only unking a Prince The Prelate denyeth it but he is a green Statist Barclay Grotius Winzetus as I have proved granteth it 3. He will excuse Nero as of infirmity wishing all Rome to have one necke that he may cut it off And is that charitable of Kings that they will not be so mad as to destroy their owne Kingdome But when Stories teach us there have been more Tyrants then Kings the Kings are more obliged to him for flattery then for State-wit except we say that all Kings who cate the people of God as they doe bread owe him little for making them all madde and franticke 4. But let them be Nero's and madde and worse there is no coercing of them but all must give their neckes to the sword if the poore Prelate be heard and yet Kings cannot be so madde as to destroy their subjects Mary of England was that madde the Romish Princes who have given Revel 17. 13. their power and strength to the beast and doe make warre with the Lambe and Kings inspired with the spirit of the beast and drunke
with the wine of the Cup of Babells fornications are so madde and the ten Emperours are so madde who wasted their faithfullest subjects P. Prelate If there be such a power in the Peeres resumable in the exigent of necessity as the last necessary remedy for safety of Church and State God and nature not being deficient in things necessary it must be proved out of the Scripture and not taken on trust for Affirmanti incumbit probatio Ans Mr. Bishop what better is your Affirmanti incumbit c then mine for you are the affirmer I can prove a power in the King limited onely to feed governe and save the people and you affirme that God hath given to the King not only a power officiall and Royall to save but also to destroy and cut off so as no man may say Why doest thou this Shall we take this upon the word of an excommunicated Prelate Profer tabulas Iohn P. P. I beleeve you not Royall power is Deut. 17. 18. Rom. 3. 14. I am sure there is there a power given to the King to doe good and that from God Let John P. P. prove a power to doe ill given of God to the King 2. We shall quickly prove that the States may represse this power and punish the Tyrant not the King when he shall prove that a Tyrannous power is an Ordinance of God and so may not be resisted For the law of Nature teacheth If I give my sword to my fellow to defend me from the murtherer if he shall fall to and murther me with my own sword I may if I have strength take my sword from him Prelate It is infidelitie to thinke that God cannot helpe us and impatience that we will not wait on God When a King oppresseth us it is against Gods wisdome that he hath not provided another meane for our safetie than intrusion on Gods right 2. It is against Gods power 3. his Holinesse 4. Christian Religion that we necessitate God to so weake a meane to make use of sinne and we cast the aspersion of Treason on Religion and deterre Kings to professe Reformed Catholike Religion 5. We are not to justle God out of his right Ans I see nothing but what D. Ferne Grotius Barclay Blackwood have said before with some colour of proving the consequence The P. Prelate giveth us other mens arguments but without bones All were good if the States coercing and curbing a power which God never gave to the King were a sinne and an act of impatience and unbelief And if it were proper to God only by his immediate hand to coerce Tyrannie 2. He calleth it not Protestant Religion either here or elsewhere but cautelously giveth a name that will agree to the Roman Catholique Religion For the Dominicans Franciscans and the Parisian Doctors and Schoolemen following Occham Gerson Almain and other Papists call themselves Reformed Catholiques 2. He layeth this for a ground in 3 or 4 pages where these same Arguments are againe and againe repeated in terminis as his second Reason p. 149. was handled ad nauseam p. 148. his 3. Reason is repeated in his 6. Reason p. 151. He layeth I say down this ground which is the begged Conclusion and maketh the Conclusion the Assumption in 8 raw and often repeated Arguments to wit That the Parliaments coercing and restraining of Arbitrarie power is rebellion and resisting the Ordinance of God But he dare not looke the place Rom. 13. on the face other Royalists have done it with bad successe This I desire to be weighed â—â—d I retort the Prelates argument But it is indeed the triviall Argument of all Royalists especially of Barclay obvious in his 3. Booke If Arbitrarie and Tyrannicall power above any Law that the lawfull Magistrate commandeth under the paine of death Thou shalt not murther one man Thou shalt not take away the vineyard of one Naboth violently be lawfull and warrantable by Gods word then an Arbitrarie power above all Divine lawes is given to the keeping of the Civill Magistrate And it is no lesse lawfull Arbitrarie or rather Tyrannicall power for David to kill all his Subjects and to plunder all Jerusalem as I beleeve Prelates and Malignants and Papists would serve the three Kingdomes if the King should command them then to kill one Vriah or for Achab to spoile one Naboth The essence of sinne must agree alike to all though the degrees varie Of Gods remedie against Arbitrary power hereafter in the Question of Resistance but the confused ingine of the Prelate bringeth it in here where there is no place for it His 7. Argument is Before God would authorize Rebellion and give a bad president thereof for ever he would rather worke extraordinary and wonderfull miracles and therefore would not authorize the people to deliver themselves from under Pharaoh but made Mosesâ— Prince to bring them out of Egypt with a stretched-out arme nor did the Lord deliver his people by the wisdome oâ— Moses or strength of the people or any act that way of theirs but by his own immediate hand and power Ans I reduce the Prelates confused words to a few for I speake not of his Popish tearme of Saint Steven and others the like because all that he hath said in a book of 149 pages might have been said in three sheets of paper But I pray you what is this Argument to the Question in hand which is Whether the King be so above all Lawes as People and Peeres in the case of Arbitrarie power may resume their power and punish a Tyrant The P. Prelate draweth in the Question of Resistance by the haire Israels not rising in armes against K. Pharaoh proveth nothing against the power of a Free Kingdome against a Tyrant 1. Moses who wrought miracles destructive to Pharaoh might pray a vengeance against Pharaoh God having revealed to Moses that Pharaoh was a Reprobate But may Ministers and Nobles pray so against King Charles God forbid 2. Pharaoh had not his Crown from Israel 3. Pharaoh had not sworne to defend Israel nor became he their King upon condition he should maintaine and professe the Religion of the God of Israel Therefore Israel could not as free Estates challenge him in their supreme Court of Parliament of breach of oath and upon no termes could they un-un-king Pharaoh He held not his Crown of them 4. Pharaoh was never circumcised nor within the Covenant of the God of Isrdel in profession 5. Israel had their lands by the meere gift of the King I hope the King of Britaine standeth to Scotland and England in a fourefold contrary relation All Divines know that Pharaoh his Princes and the Egyptians were his Peeres and People â—nd that Israel were not his native Subjects but a number of strangers who by the lawes of the King and Princes by the meanes of Joseph had gotten the land of Goshen for their dwelling and libertie to serve the God of Abraham to whom they prayed in their
Tyrannicall power if he make captives and slaves of them as the Kings of Chaldea made slaves of the people of Israel What Because God useth another mean Ergo This mean is not lawfull It followeth in no sort If we must use no means but what the captive people did under Cyrus we may not lawfully flie nor supplicate for the people did neither P. Prelate You read of no Covenant in Scripture made without the King Exod. 34. Moses King of Iesurum neither Tables nor Parliament framed it Joshua another Iosh 24. and Asa 2 Chron. 15. and 2 Chron. 34. and Ezra 10. The Covenant of Iehojada in the non-age of Ioash was the High Priests Act as the Kings Governour There is a covenant with Hell made without the King and a false Covenant Hos 10. 3 4. Answ We argue this negatively This is neither commanded nor practised nor warranted by promise Ergo It is not lawfull But this is not practised in Scripture Ergo It is not lawfull It followeth it Shew me in Scripture the killing of a Goaring On who killed a man the not making battlements on an house the putting to death of a man lying with a Beast the killing of seducing Prophets who tempted the people to go a whoring and serve another God then Jehovah I mean a god made by the hand of the Baker such a one as the excommunicated Prelate is known to be who hath Preached this Idolatry in three Kingdoms yet Deut. 13. This is written and all the former Laws are divine Precepts shall the Precept make them all unlawfull because they are not practised by some in Scripture By this I ask Where read yee that the people entered in a Covenant with God not to worship the Golden Image and the King and these who pretend they are the Priests of Iehovah the Church-men and Pelates refused to enter in Covenant with God By this argument the King and Prelates in non-practising with us wanting the precedent of a like practice in Scripture are in the fault 2. This is nothing to prove the conclusion in question 3. All these places prove it is the Kings dutie when the people under him and their fathers have corrupted the worship of God to renew a Covenant with God and to cause the people to do the like as Moses Asa Iehoshaphat did 4. If the King refuse to do his dutie where is it written That the people ought also to omit their dutie and to love to have it so because the Rulers corrupt their wayes Ierem. 5. 31 To renew a Covenant with God is a point of service due to God that the people are obliged unto whether the King command it or no. What if the King command not his people to serve God or What if he forbid Daniel to pray to God Shall the people in that case serve the King of Kings onely at the nod and Royall command of an earthly King Clear this from Scripture 5. Ezra 5. had no commandment in particular from Artaxerxes King of Persia or from Darius but a Generall that Ezr. 7. 23. Whatsoever is commanded by the God of Heaven let it be diligently done far the house of the God of Heaven But the Tables in Scotland and the two Parliaments of England and Scotland who renewed the Covenant and entered in Covenant not against the King as the P. P. saith but to restore Religion to its ancient Puritie have this expresse Law from King James and King Charles both in many Acts of Parliament that Religion be kept pure Now as Artaxerxes knew nothing of the Covenant and was unwilling to subscribe it and yet gave to Ezra and the Princes a warrant in generall to do all that the God of Heaven required to be done for the Religion and house of the God of Heaven and so a generall warrant for a Covenant without the King and yet Ezra and the people in swearing that Covenant failed in no dutie against their King to whom by the fifth Commandment they were no lesse subject then we are to our King just so we are and so have not failed but they say The King hath committed to no Lievtenant and Deputie under him to do what they please in Religion without his Royall consent in particular and the direction of his Clergy seeing he is of that same Religion with his people whereas Artaxerxes was of another Religion then were the Iews and their Governour Answ Nor can our King take on himself to do what he pleaseth and what the Prelates amongst whom these who ruled all are known before the World and the Sun to be of another Religion then we are pleaseth in particular But see what Religion and Worship the Lord our God and the Law of the Land which is the Kings revealed will alloweth to us that we may swear though the King should not swear it otherwayes we are to be of no Religion but of the Kings and to swear no Covenant but the Kings which is to joyn with Papists against Protestants 6. The strangers of Ephraim and Manasseh and out of Simeon fell out of Israel in abundance to Asa when they saw that the Lord his God was with him 2 Chron. 15. 9 10. And sware that Covenant without their own Kings consent their own King being against it If a people may swear a Religious Covenant without their King who is averse thereunto far more may the Nobles Peers and Estates of Parliament do it without their King And here is an example of a practise which the P. Prelate requireth 7. That Jehojadah was Governour and Vice-Roy during the nonage of Joash and that by this Royall Authoritie the Covenant was sworn is a dream to the end he may make the Pope and the Arch-Prelate now Vice-Royes and Kings when the throne varieth The Nobles were Authors of the making of that Covenant no lesse then Iehojadah was yea and the People of the Land when the King was but a childe went unto the house of Baal and brake down his Images c. Here is a Reformation made without the King by the people 8. Grave Expositors say That the Covenant with death and hell Esay 28. was the Kings Covenant with Egypt 9. And the Covenant Hos 10. is by none exponed of a Covenant made without the King I heard say this Prelate Preaching on this Text before the King exponed it so But he spake words as the Text is falsly The P. Prelate to the end of the Chapter giveth instance of the ill-successe of Popular Reformation because the people caused Aaron to make a Golden Calf and they revolted from Rehoboam to Ieroboam and made two Golden Calves and they conspired with Absolom against David Answ If the first example make good any thing neither the High-Priest as was Aaron nor the P. Prelate who claimeth to be descended of Aarons house should have any hand in Reformation at all for Aaron erred in that and to argue from the peoples sins to deny their power is no
in that exigence is not onely not obliged to lift him up but he and the rest flying though they trample on him and kill him they are not guilty of murther seeing they hated him not before Deut. 19. 4. 6. so Chemnit loc com de vindic q. 3. alloweth private defence 1. When the violence is suddaine And the 2. Violence manifestly inevitable 3. When the Magistrate is absent and cannot help 4. When moderation is kept as Lawyers require 1. That it be done incontinent if it be done after the injury it is revenge not defence 2. Not of Desire of revenge 3. With proportion of armor If the violent invader invade not with deadly weapons you must not invade him with deadly weapons and certainly the law Exod. 22. of a mans defending his house is clear 1. If he come in the night it is presumed he is a robber 2. If he be taken with a weapon breaking the house he cometh to kill a man may defend himself wife and children but he is 3. but to wound him and if he die of the wound the defender is free so the defender is not to intend his death but to save himself 5. It were a mighty defect in providence to man if dogs by nature may defend themselves against Wolves Bulls against Lyons Doves against Haukes if man in the absence of the lawfull Magistrate should not defend himself against unjust violence but one man might raise armies of Papists sick for blood to destroy innocent men They object When the King is present in his person and his invaders he is not absent and so though you may rather kill a private man then suffer your self to be killed yet because prudence determineth the means of self-defence you are to expose your life to hazard for justice of your King and therefore not to do violence to the life of your King nor can the body in any self-defence fight against the head that must be the destruction of the whole Ans Though the King be present as an unjust invader in Warres against his innocent subjects he is absent as a King and a father and defender and present as an unjust grassator and therefore the innocent may defend themselves when the King neither can nor will defend him Nature maketh a man saith the law l. Gener. c. de decur l. 10. l. sialius § Bellissimè ubique Gloss in vers ex magn not per. illum text ff quod vi aut clam l. ait praetor § si debitorem meum ff de hisque in fraud credito even a privat man his own judge magistrate and defender quando copiam judicis qui sibijus reddat non habet When he hath no judge to give him justice and law 2. The subjects are to give their lives for the King ad the King because the safety of the King as King is the safety of the common-wealth But the King as offering unjust violence to his innocent subjects is not King Zoannet part 3. defens n. 44. transgrediens notoriè officium suum judex agit velut privatus aliquis non ut magistratus ff de injur est bonus in simili in l. qui fundum § si tutor ff pro emptore 3. If the politick body fight against this head in particular not as head but as an oppressor of the people There is no fear of dissolution if the body rise against all magistracy as magistracy and lawes dissolution of all must follow Parliaments and inferiour jadges are heads Num. 1. 16. Num. 10. 4. Deut. 1. 15. Iosh 22. 21. Mic. 3. 1. ver 9. 11. 1 King 8. 1. 1 Chron. 5. 25. 2 Chro. 5. 2. No lesle then the King and it is unlawfull to offer violence to them though I shall rather thinke a private man is to suffer the King to kill him rather then he kill the King because he is to preferre the life of a private man to the life of a publique man 6. By the law of nature a ruler is appointed to defend the innocent Now by nature an infant in the wombe dâ—fendeth it self first before the parents can defend it then when parents and magistrates are not and violent invading magistrates are not in that magistrates nature hath commended every man to self-defence 7. The Law of nature excepteth no violence whether inflicted by a magistrate or any other unjust violence from a ruler is twice injustice 1. He doth unjustly as a man 2. As a member of the common-wealth 3. He committeth a speciall kind of sin of injustice against his office but it is absurd to say we may lawfully dâ—fend our selves from smaller injuries by the law of nature and not from the greater If the Pope saith Fer. Vasquez illust quest l. 1. c. 24. n. 24 25. command to take away benefices from the just owner these who are to execute his commandement are not to obey but to write back that that mandat came not from his holinesse but from the avarice of his Officers but if the Pope still continue and presse the same unjust Mandat the same should be written againe to him and though there be none above the Pope yet there is naturall self-defence patent for all Defensio vitae neceâ—aria est à jure naturali profluit L. ut vim ff de just jure 16. Nam quod quisque ob tutelam corporis sui fecerit jure fecisse videatur Câ—jus naturale 1. distinc l. 1. ff de vi vi armata l. injuriarum ff de injuria C. significasti 2. de hom l. scientiam sect qui non aliter ff ad leg Aquil. C. si vero 1. de sent excom l. sed etsi ff ad leg Aquil. etiamsi sequatur homicidium Vasquez l. 1. c. 17. n. 5. etiam occidere licet ob defensionem rerum Vim vi repellere omnia jura permittunt in C. significasti Garcias Fortunius Comment in l. ut vim ff de instit jur n. 3. defendere se est juris naturae gentium A jure civili fuit additum moderamen inculpatae tutelae lac Novel defens n. 101. Occidens Principem vel alium Tyrannidem exercentem à paena homicidii excusatur Grotius de jure belli pacis l. 2. c. 1. n. 3. Si corpus impetatur vi presente cum periculo vitae non aliter vitabili tune bellum est licitum etiam cum intersectione periculum infâ—rentis ratio natura quemque sibicommendat Barcl advers Monar l. 3. c. 8 est jus cuilibet se tenendi adversus immanem sevitiam But what ground saith the Royalist is there to take Arms against a King Ielousies and suspitions are not enough Ans The King sent first an Armie to Scotland and blocked us up by sea before we took Armes 2. Papists were armed in England they have professed themselves in their Religion of Trent to be so much the holyer that they root out Prottstants 3. The King declared we had broken loyalty to him since the last
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
Government over the then Emperors that of Subjects had made them Lords might not resist their Emperours much lesse can the people of England have power of resistance against the succession of this Crowne descending from the Conqueror who by force of Armes but in justice conquered the Kingdom Answ 1. Though the Roman Emperours were absolute of which I much doubt and though the Senate had made them absolute I deny that therefore they cannot be resisted The unlawfull resistance condemned by Paul Rom. 13. is not upon the ground of Absolutenesse which is in the Court of God nothing being never ordained of God but upon reasons of conscience bâ—cause the powers are of God and ordained of God But some may say Volenti non fit injuria If a people totally resigne their power and swear non-resistance to a Conqueror by compact they cannot resist I answer neither doth this follow because it is an unlawfull compact and none is obliged to what is unlawfull For 1. it is no more lawfull for me to resigne to another my power of naturall self-defence then I can resigne my power to defend the innocent drawne to â—eath and the wives children and posterity that God hath tyed me unto 2. The people can no more resigne power of self-defence which Nature hath given them then they can be guilty of self-murther and be wanting in the lawfull defence of Kingdome and Religion 3. Though you make one their King with absolutenesse of power yet when he use that transcendent power not for the safety but for the destruction of the State it is knowne they could not resigne to another that power which neither God nor nature gave them to wit a power to destroy themselves 2. I much doubt if the Roman Emperour was absolute when Paul wrote this Iustinian saith so Digest l. 2. tit 2. but he is partiall in this cause Bodine de repub l. 2. c. 5. pag. 221. proveth that the Roman Emperours were but Princes of the Common-wealth and that the Soveraignty remained still in the Senate and people Marius Salamon writeth sixe Books De Principatu on the contrary How could they make theâ—r Emperours absolute Livie saith The name of a King was contrary to a Senate liberty Florus Nomen Regis invidiosum They instituted a yearly Feast February 23. called Regifugium Ciccro as Augustine observeth Regem Romae post haec nec Dii nec homines esse patiantur The Emperours might doe something de facto but Lex Regia was not before Vespasians time Augustus took on him to be Tribune of the people from ten yeares to tâ—n Suetonius and Tacitus say The succeeding Kings encroached by degrees upon the peoples liberty For speedier execution of Law the Kings in time of Warre were forced to doe many things without the Senate and after the reigne of Emperours though there were no Plebescita yet there were Senatusconsulta and one great one is that the Senate declard Nero to be an enemie to the State It is thought Iulius Caesar in the warre against Pompey subdued the Romans and the Senate and they were subdued againe in the battaile of Octavius against Cassius and Brutus But Tacitus saith that was de facto not de jure Anal. l. 1. s 2. Rome ruere in servitium Consules Patres Eques Caligula intended to assume Diadema the Ensigne of a King but his friends disswaded him 3. England is obliged to D. Ferne who maketh them a subdued Nation The contrary of which is known to the world Obj. M. Simmons Loyall Subj Beliefe sect 6. pag. 19. God is not honoured by being resisted no more is the King Answ I deny the consequence Those who resist the Kings personall will and will not suffer him to ruine his Crowne and posterity in following Papists against his Oath at the Coronation do honour him and his Throne and Race as a King though for the time they displease him 2. Vzziah was not dishonoured in that he was resisted 3. Nor doe we honour the King when we flee from him and his Law Yet that resistance is lawfull according to the way of Royalists and in truth also Object 12. Supreme power is not to be resisted by subordinate powers because they are inferiour to the supreme Answ The bloody Irish Rebels then being inferiour to the Parliament cannot resist the Parliament 2. Inferiour Judges as Judges are immediately subordinate to God as the King and must be guilty of blood before God if they use nor the sword against bloody Cavalliers and Irish cut-throats except you say inferiour Judges are not obliged to execute judgement but at the Kings commandment Object As the Irish Rebels are armed with the Kings power they are superiour to the Parliament Answ So an Armie of Turks and Spaniards armed with the Kings power and comming against the two Kingdomes at the Kings commandement though they be but Lictors in a lawlâ—sse cause are superiour to the highest Courts of Parliament in the two Kingdomes But the King and the Law gave power to the Parliament first to resist Rebels now he giveth power to Rebels to resist the Parliament here must be contradictory wils and contradictory powers in the King Which of them is the Kings will and his power the former is legall and Parliamentary Then because Law is not contrary to Law the latter cannot be legall also nor can it be from God and to resist it then is not to resist God Object 13. If resistance bee restrained to legall commandements What shall we say to these arguments that Paul forbiddeth resistance under these tyrannous governours and that from the end of their government which is for good and which their subjects did in some sort enjoy under them Answ 1. This proveth nothing but that we are to cooperate with these governours though tyrannous by subjecting to their Laws so farre as they come up to this end the morall good and peace of their government but Paul no where commandeth absolute subjection to tyrannous governours in tyrannous acts which is still the question Object 14. Hee that hath the supreme trust next to God should have the greatest security to his person and power but if resistance be lawfull he hath a poore security Answ He that hath the greatest trust should have the greatest security to his person and power in the keeping his power and using it according to his trust for its owne native end for justice peace and godlinesse God alloweth security to no man nor that his Angelâ— shall guard them but onely when they are in their wayes and the service of God else There is no peace to the wicked 2. It is denyed that one man having the greatest trust should have the greatest security the Church and people of God for whose safety he hath the trust as a meanes for the end should have a greater security the City ought to have greater security then the watchers the Armie then the leaders The good Shepherd giveth his life for his
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 〈…〉 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 flew 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 place is too narrow who commenting on the place restricteth all to these two that the priest should deliver by interceding for the innocent 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 behoved to be done with great violence 2 King 18. 34. They have not delivered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Samaria out of my hand So Cornel. à Lapide Charitas suadâ—â— ut vi armis eruamus injuste ductos ad mortem Ambros 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 the 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 performe 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 obligeth me not to acts of charity when I in all reason see them unpossible but a multitude who had strength did well to rescue innocent Ionathan out of the hands of the King that he should not be put to death yet one man was not tyed by the law of nature to rescue Ionathan if the King and Prince had condemned him though unjustly 2. The hoast of men that helped David against King Saul 1 Sam. 22. 2. entered in a lawfull war and 1 Chron. 12. 18. Amasa by the spirit of the Lord blesseth his helpers peace peace be unto thee and peace be to thy helpers for thy God helpeth the. Ergo Peace must be to the Parliament of England and to their helpers their brethren of Scotland 3. Numb 32. 1. 2. 3. 16. 17. 18. 19. Iosh 1. 12. 13. 14. The children of Gad and of Reuben and the half tribe of Manasseh though their inheritance fell to be in this side of Iordan yet they were to goe over the river armed to fight for their brethren while they had also possession of the land at the commandement of Moses and Joshua 4. So Saul and Israel helped the men of Iabesh Gilead conjoyned in blood with them against Nahash the Ammonite and his unjust conditions in plucking out their right eyes 1 Sam. 11. 5. Iephtha Iudg. 12. 2. justly rebuketh the men of Ephraim because they would not help him and his people against the Ammonites 6. If the communion of Saints be any bound that England and we have one Lord one faith one Baptisme one head and Saviour Iesus Christ then are we obliged to help our bleeding sister Church against these same common enemies Papists and Prelates but the former is undenyably true for 1. We send help to the Rotchel if there had not been a secret betraying of our brethren we send help to the recovery of the Palatinate and the aide of the confederat Princes against Babels strength and power and that lawfully but we did it at great leisure and coldly Q. Elizabeth helped Holland against the King of Spain And beside the union in Religion 1. We sayle in one
have a ministeriall power saith he in spirituall things but in order to Christ ergo in order to others it is not ministeriall but Lordly So here a Lordly power Pastors have over Kings by the P. P. way We teach it is ministeriall in relation to all because Ministers can make no Lawes as Kings can doe but only as Heralds declare Christs Lawes 2. None of us give any coercive Civill power to the Church over either Kings or any other it is Ecclesiasticall a power to rebuke and censure was never civill 3. A religious Covenant to swear to resist that is to defend our selves is one thing and a lawfull Oath as is cleare in those of Israel that did sweare Asa's Covenant without the authority of their owne King 2 Chron. 15. 9 10 11 12. and to sweare to force the King to submit to Christs Scepter is another thing the Presbytery never did sweare or covenant any such thing nor doe we take Sacrament upon it to force the King Prelates have made the King sweare and take his Sacrament upon it that he shall roote out Puritanes that is Protestants whereas he did sweare athis Coronation to roote out Heretickes that is if Prelates were not traiterous in administring the Oath Arminians and Papists such as this P. P. is knowne to be but I hold that the Estates of Scotland have power to punish the King if he labour to subvert Religion and Lawes 4. If this Argument that Religion is to be perswaded not forced which P. P. useth be good it will make much against the King for the King then can force no man to the externall profession and use of the ordinances of God and not only Kings but all the people should be willing P. Prelate Though the King may not preach c. yet the exercise of these things freely within his Kingdome what concerneth the decent and orderly doing of all and the externall man in the externall government of the Church in appointing things arbitrary and indifferent and what else is of this straine are so due to the prerogative of the Crown as that the Priests without highest Rebellion may not usurpe upon him a King in the State and Church is a mixed person not simply civill but sacred too They are not only professors of truth that they have in the capacity of Christians but they are defenders of the faith as Kings they are not sonnes only but Nurse-fathers they serve God as Augustine saith as men and as Kings also Ans If yee give the King power of the exercises of Word and Sacraments in his Kingdome this is deprivation of Ministers in his Kingdome for sure he cannot hinder them in another Kingdome you may make him to give a Ministeriall calling if he may take it away By what word of God can the King close the mouth of the man of God whom Christ hath commanded to speake in his name 2. If the King may externally governe the Church why may he not excommunicate for this is one of the speciall acts of Church Government especially seeing he is a mixed person that is halfe a Church-man and if he may prescribe Arbitrary teaching Ceremonies Surplice to instruct men in the duties of holinesse required of Pastors I see not but he may teach the Word 3. Dr. Ferne and other Royalists deny Arbitrary Government to the King in the State and with reason because it is Tyranny over the people but Prelates are not ashamed of commanding a thing Arbitrary and indifferent in Gods Worship shall not Arbitrary Government in the Church be tyranny over the conscience But say they Church-men teacheth the King what is decent and orderly in Gods Worship and he commandeth it Ans Solomon by no teaching of Church-men deposed Abiathar David by no teaching of Church-men appointed the forme of the Temple 2. Hath God given a Prerogative Royall to Kings whereby they may governe the Church and as Kings they shall not know how to use it but in so farre as they are taught by Church men 3. Certainely we shall once be informed by Gods Word what is this Prerogative if according to it all the externall worship of God may be ordered Lawyers and Royalists teach that it is an absolutenesse of power to doe above or against a Law as they say from 1 Sam. 8. v. 9. 11. and whereby the King may oppresse and no man may say What dost thou Now Good P. Prelate if by a plenitude of tyranny the King prescribe what he will in the externall worship and government of Gods House who can rebuke the King though he command all the Antichristian Ceremonies of Rome and of Turkey yea and the sacrificing of children to Molech for absolutenesse Royall will amount to shedding of innocent blood for if any oppose the King or say Sir What doe you he opposeth the Prerogative Royall and that is highest Rebellion saith our P. Prelate 5. I see not how the King is a mixt person because he is Defender of the Faith as the Pope named the King of England Henry the eighth he defendeth it by his Sword as he is a Nurse-father not by the sword that commeth out of his mouth 6. I would know how Iulian Nebuchadnezzar Og and Sihon 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
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
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 as well 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 Aâ—nisaeus 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 inferious 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 Cavalters of Scotland doe is resistance forbidden Romans 1â— 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 that appertaine to their charge and the execution of their Office ergo by our confession to resist them in Tyrannicall acts is not to resist the ordinance of God 2. To resist Princes and Rulers and so inferious Iudges and to deny them counsell and comfort is to deny helpe counsell and comfort to God Let then Cavaliers and such as refuse to helpe the Princes of the Land against Papists Prelates and Malignants know that they resist Gods ordinance which rebellion they unjustly impute to us 3. Whereas it is added in our Confession that God by the presence of his Lieutenant craveth support and counsell of the people It is not so to be taken as if then only we are to ayde and helpe inferiour Iudges and Parliaments when the King personally requireth it and not other waies 1. Because the King requireth helpe when by his Office he is obliged to require our helpe and counsell against Papists and Malignants though as misled he should command the contrary so if the Law require our helpe the King requireth it ex officio 2. This should expresly contradict our confession if none were obliged to give helpe and counsell to the Parliament and Estates except the King in his own person should require it because Art 14. it is expresly said That to save the lives of innocents or represse Tyranny to defend the oppressed not to suffer innocent blood to be shed or workes pleasing to God which he rewardeth Now we are not to thinke in reason if the King shall be induced by wicked Counsell to doe tyrannicall workes and to raise Papists in Armes against Protestants that God doth by him as by his Lieutenant require our helpe comfort
and counsell in assisting the King in acts of Tyranny and in oppression and in shedding innocent blood yea our confession tyeth us to deny helpe and comfort to the King in these wicked acts and therefore our helpe must be in the things that pertaineth to his Royall Office and duty only otherwise we are to represse all tyranny art 14. 4 To save the lives of innocents to represse Tyranny to defend the oppressed are by our confession good workes well pleasing to God and so is this a good worke not to suffer innocent blood to be shed if we â—ay withstand it Hence it is cleare as the Sunne that our confession according to the Word of God to which King Charles did sweare at his Coronation doth oblige and tye us in the presence of God and his holy Angels to rise in Armes to save the innocent to represse Tyranny to defend the oppressed When the King induced by ill counsell sent Armies by Sea and Land to kill and destroy the whole Kingdome who should refuse such a Service-booke as they could not in conscience receive except they would disobey God renounce the confession of Faith which the King and they had sworne unto and prove perfidious Apostates to Christ and his Church what could we doe and that the same Confession considering our bonds to our deare Brethren in England layeth bonds on us to this as a good worke also not to suffer their innocent blood to be shed but to defend them when they against all Law of God of men of State of Nations are destroyed and killed For my part I judge it had been a guiltinesse of blood upon Scotland if we had not helped them and risen in Armes to defend our selves and our innocent brethren against bloody Cavaliers Adde to this what is in the 24. Article of the same Confession We confesse whosoever goeth about to take away or to confound the whole state of Civill Polity now lonâ— established we affirme the same men not only to be enemies to mankind but also wickedly to fight against Gods Will. But these who have taken Armes against the Estates of Scotland and the Princes and Rulers of the Land have laboured to take away Parliaments and the fundamentall Lawes of this Kingdome ergo c. The Confession addeth 16. We farther confesse and acknowledge that such persons as are placed in authority are to be loved honoured feared and holden in most reverent estimation because that they are Lieutenants of God in whose Sessions God himselfe doth sit and Iudge yea even the Iudges and Princes themselves to whom by God is given the sword to the praise and defence of good men and to revenge and punish all open malefactors Ergo the Parliament and Princes and Rulers of the Land are Gods Lieutenants on earth no lesse then the King by our Confession of Faith and those who resist them resist the ordinance of God Royalists say They are but the Deputies of the King and when they doe contrary to his Royall Will they may be resisted yea and killed for in so farre they are private men though they are to be honoured as Iudges when they act according to the Kings Will whose Deputies they are But I answer 1. It is a wonder that inferiour Judges should be formally Iudges in so far as they act conforme to the will of a mortall King and not in so far as they act conforme to the will of the King of Kings seeing the judgement they execute is the King of Kings and not the Iudgement of a mortall King 2 Chro. 19. 6. 2. Royalists cannot indure the former distinction as it is applyed to the King but they receive it with both hands as it is applyed to inferiour Iudges and yet certaine it is that it is as ordinary for a King being a sinfull man to act sometimes as the Lieutenant of God and sometimes as an erring and misinformed man no lesse then the inferiour Iudge acteth sometimes according to the Kings will and Law and sometimes according to his owne private way and if we are to obey the inferiour Iudge as the Deputy of the King what shall become of his Person when Cavaliers may kill him at some Edge-hill for so they mock this distinction as applyed to the King in regard of his Person and of his Royall Office and for this point our Confession citeth in the Margin Rom. 13. 7. 1 Pet. 2. 17. Psal 82. 1. which places doe clearely prove 1. That inferiour Magistrates are 1. Gods ordinances 2. Gods on earth Psal 82. 3. Such as beare the Lords sword 4. That they are not only as the Confession saith appointed for Civill policie but also for maintenance of true Religion and for suppressing of idolatrie and superstition Then it is evident to resist inferior Magistrates is to resist God himselfe and to labour to throw the sword out of Gods hands 5 Our Confession useth the same Scriptures cited by Junius Brutus to wit Ezek. 22. 1 2 3 4 5 6 7. and Ier. 22. 3. where we are no lesse then the Iewes commanded to execute judgement and righteousnesse and deliver the spoyled out of the hands of the oppressour For both the Law of God and the Civill Law saith Qui non impedit homicidium quum potest is homicidii reus est I will cast in a word of other Confessions lest we seeme to be Iesuites alone The Confession of Helvetia saith c. 30. de Magistratu Viduas pupillos afflictos asserat Every Magistrate is to defend the widow the orphan and the oppressed The French Confession saith art 40. Affirmamus ergo parendumesse Legibus Statutis solvenda Tributa subjectionis denique jugum voluntariè tolerandum etiamsi infideles fuerint Magistratus dummodo Dei summum imperium integrum illibatum maneat So cleare it is that all active obedience is due to all Magistrates and that that yoake of passive obedience is to be tolerated but conditionally with a dummodo so as the Magistrate violate not the supreme commandement of the King of Kings And we know accordingly Protestants of that Church have taken defensive armes against their King But our P. Prelate can say The Confessions of Scotland Helvetia France and all the Reformed Churches are Jesuiticall when as it was the doctrine of the Waldenses Protestants and Luther Calvin and others while as there was no Iesuite on earth The 37. Art of the Church of Englands Confession is so far from erecting an absolute power in the King that they expresly bring down the Royall Prerogative from the high seat and transcendent superlative power above the Law and expone the Prerogative to be nothing but meere Law-power We only say they ascribe that Prerogative to the King which the Scripture doth ascribe to all Godly Princes that is that they cause all committed to their trust whether Ecclesiasticall or Civill persons doe their duty and punish with the Civill sword all disobedient offenders In syntag Confess And
this they say in answer to some who beleeved the Church of England made the King the Head of the Church The Prelates Convocation must be Iesuites to this P. P. also So the 36. Article of the Belgick Confession saith of all Magistrates no lesse then of a King We know for Tyrannie of Soule and Body they justly revolted from their King Idcirco Magistratus ipsos gladio armavit ut malos quidem plectant paenis probos vero tueantur Horum porro est non modo de Civili politia conservanda esse solioitâ—s verum etiam dare operam ut sacrum Ministerium conservetur omnis Idololatria adulterinus Dei cultus è medio tollatur regnum Antichristi diruatur c. Then all Magistrates though inferiour must doe their duty that the Law of God hath laid on them though the King forbid them But by the Belgick Confession and the Scripture it is their duty to relieve the oppressed to use the sword against murthering Papists and Irish Rebels and destroying Cavaliers For shall it be a good plea in the day of Christ to say Lord Iesus we would have used thy sword against bloody Murtherers if thy Anoynted the King had not commanded us to obey a mortall King rather than the King of ages and to execute no judgement for the oppressed because he judged them faithfull Catholike subjects Let all Oxford and Cavalier Doctors in the three Kingdomes satisfie the consciences of men in this that inferior Iudges are to obey a Diviue Law with a proviso that the King command them so to doe and otherwise they are to obey Men rather then God This is evidently holden forth in the Argentine Confession exhibited by foure Cities to the Emperour Charles the Fifth An. M. D. XXX in the same very cause of innocent Defence that we are now in in the three Kingdomes of Scotland England and Ireland The Saxonick Confession exhibited to the Councell of Trent An. M. D. LI. art 23 maketh the Magistrates office essentially to consist in keeping of the two Tables of Gods Law and so what can follow hence but in so far as he defendeth Murtherers or if he be a King and shall with the sword or Armies impede inferior Magistrates for the Confession speaketh of all to defend Gods law and true Religion against Papists Murtherers and bloody Cavaliers and hinder them to execute the judgement of the Lord against evill doers He is not in that a Magistrate and the denying of obedience active or passive to him in that is no resistance to the Ordinance of God but by the contrary the King himselfe must resist the ordinance of God The Confession of Bohemia is clear art 16. Qui publico munere magistratuque funguntur quemcunque graduÌ„ teneant se non suum sed Dei opus agere sciant Hence all inferior or the supreme Magistrate what ever be their place they doe not their own work nor the work of the King but the work of God in the use of the sword Ergo they are to use the sword against bloody Cavaliers as doing Gods worke suppose the King should forbid them to doe Gods worke And it saith of all Magistrates Sunt autem Magistratuum partes ac munus omnibus ex aequo jus dicere in communem omnium usum sine personarum acceptatione pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis hanc inter turbantibus poenas sumere aliosque omnes ab eorum vi injuria vindicare Now this Confession was the faith of the Barons and Nobles of Bohemia who were Magistrates and exhibited to the Emperor An. 1535. in the cause not unlike unto ours now and the Emperor was their Soveraigne yet they professe they are obliged in conscience to defend all under them from all violence and injuries that the Emperor or any other could bring on them and that this is their office before God which they are obliged to performe as a worke of God and the Christian Magistrate is not to doe that worke which is not his own but Gods upon condition that the King shall not inhibite him What if the King shall inhibite Parliaments Princes and Rulers to relieve the oppressed to defend the Orphan the Widow the Stranger from unjust violence Shall they obey man rather than God To say no more of this Prelates in Scotland did what they could to hinder his Majestie to indict a Parliament 2. When it was indicted to have its freedome destroyed by prelimitations 3. When it was sitting their care was to divide impede and anull the course of Iustice 4. All in the P. Prelates booke tendeth to abolish Parliaments and to enervate their power 5. There were many wayes used to break up Parliaments in England And to command Iudges not to judge at all but to interrupt the course of Iustice is all one as to command unrighteous judgement Ier. 22. v. 3. 6. Many wayes have been used by Cavaliers to cut off Parliaments and the present Parliament in England The paper found in William Lauds Studie touching feares and hopes of the Parliament of England evidenceth that Cavaliers hate the Supreme seat of Iustice and would it were not in the World which is the highest rebellion and resistance made against superior Powers 1. He feareth this Parliament shall begin where the last left Ans What ever ungrate Courtier had hand in the death of King Iames deserved to come under Tryall 2. He feareth they sacrifice some man Ans If Parliaments have not power to cut off Rebels and corrupt Iudges the root of their being is undone 2. If they be lawfull Courts none needeth feare them but the guilty 3. He feareth their Consultations be long and the supply must be present Ans Then Cavaliers intend Parliaments for Subsidies to the King to foment and promote the warre against Scotland not for Iustice 2. He that feareth long and serious consultations to rip up and launce the wounds of Church and State is affraid that the wounds be cured 4. He feareth they deny Subsidies which are due by the Law of God Nature and Nations whereas Parliaments have but their deliberation and consent for the manner of giving otherwise this is to sell Subsidies not to give them Ans Tribute and the standing Revenues of the King are due by the Law of God and Nations but Subsidies are occasionall Rents given upon occasion of Warre or some extraordinary necessity and they are not given to the King as Tribute and standing Revenues which the King may bestow for his House Family and Royall Honour but they are given by the Kingdome rather to the Kingdome then to the King for the present warre or some other necessity of the Kingdome and therefore are not due to the King as King by any Law of Nature or Nations and so should not be given but by deliberation and judiciall sentence of the States and they are not sold to the King but given out by the
an absolute Prince How the King is Lord of the Parliament Monarch Governa part 2. c. 1. pag. 31. Sac. sanc Mai. c. 14. p. 144. Princes are not to be invested with power to all Tyranny upon this pretence that they cannot do good except they have also absolute power to do evil Sae Maj. pag. 145. Sacr. sanc Maj. c. 16. p. 170 171. A power to shed innocent blood is no part of a true Prerogative The King because of the publikenesse of his office inferiour to subjects and other Iudges in many priviledges Loyall subjects belief Sect. 6. p. 19. Barcl l. 4. c. 23. p. 325. Humane Laws as penall take life from Law makers as reasonable they have life from the eternall Law of God The King not greater then the Law No necessitie that an unjust will of a King be either done by us or on us The King hath no Nomothetick power his alone Symmons Loyall Subject Sect. 5. pag. 8. Prerogative Royall warranteth not the Prince to destroy himselfe nor is the people to permit him to cooperat for destruction to themselves The King inferiour to the People Parliaments supplicate not the King ex debito Sac. sanct maj â— â— p. 103 104 Subordination of the King to the Parliament and coordinatioÌ„ both consistent Do. p. 3. Sect. 4. pag. 2â— Temperament of all the three in a limited Monarchy Burel Ad verfus Monarchomachous l. 1. pag. 24. A King as King how excellent a head of the people how contrary to a Tyrant The King as an erring man no remedy against confusions and oppressions of Anarchy A Court of necessity and a Court of Iustice Humane Laws not so obscure as Tyranny is legible Ferne part 3. sect 5. pag. 39. It is ridiculous to say a King cannoâ— be so void of reason as to destroy his people Part. 3. sect 5. pag. 39. If there be a civill restraint from mans Law laid upon the King it must be forceable It s more requisite the people religion and Church be secured then one man D. Ferne p. 3. sect 5. pag. 40. To swear to an absolute Prince as absolute is an oath Eatenus in so far not obligatory Difference betwixt a Tyrant in act and a Tyrant in habit Epist 45. The tragicall end of many Tyrannous Princes Reasons why the Peoples safetie is the Soveraignes Law A good Prince is to postponâ— his own safetie to the safetie of the people Sac. sane Maj. c. 16. 159. Dr. Ferne Conscience not satisfied Sec. â— p. 28. The King in his government is to seeke the safetie of the people not himselfe Sac. sanc maj â—â— 160. Iac. Armini Declar. Remonstrant in suod dordrac The Royalists principles drive at this to make none Kings but only rank Tyrants Vindix regum pag 65. Sac. sanc Mat. 16 pag. 161 162 163. Sacr. san Mai. pag. 165. The subjects may gratifie the King for doing what he is obliged to doe by his office Sac. sacr Mai. pag. 170. Page 172. Symmons hath the same very thing in his Loyall Subjec unbelief p. 39. Page 175. The safetie of the people far above the King Page 176. A King may though we should deny all Prerogative breake through the letter of a Law for the safety of the whole Land The Kings supposed Prerogative nothing in comparison of the lives and blood of so many thousands as are killed in England and Ireland The power of the Dictator no plea for a Prerogative above Law Pag. 177. Sac. sanc maj cap. 16. The Law above the King in four considerations The meaning of this The King is not subject to the Law The Law above the King in supremacy of constitution In what sense the King may do all things Plutarch in Apotheg l. 4. The King under the fundamentall Laws Whether the King be punishable or be to he punished Two divers questions Magistratus ipse est judex executor contra scipsum in propria causa propter excellentiam sui officii l. se pater familiaâ— l. boc Tiberius Caesar F. De Hered hoc just The King above some Lawes The King above Lawes that concerne subjects as subjects Some Lawyers and Schoolemen free the King from the Law Reasons to prove that the King is under the Law That a King hath no superiour but God a false ground to liberate the the King from the coaction of Law Argum. 2. Argum. 3. A Tyrant in exercise may be punished by the confession of our adversaries Winzetus Barclat Hag. Grotius But how this can consist with the doctrine of Royalists I see not to wit Once a father alway a father once a King ever a King None can punish a King save God Almighty say they Arg. 4. The King under the strictest obligation of Law Arg. 5. A King remaineth a man and a sociall creature Sac. sanc Mai. c. 15. p. 146 147. In what considerations the people is the subject of all politike power Sac. Mai. p. 147 148. C. 15. p. 148. Stollen from Arnisaus Dâ— authorit Prin. c. 4. num 5. pag. 73. If David in his Murthering Vriah and his Adultery sinned against none but God Arg. 6. The place Psa 51. Against hee only have I sinned Discussed Against thee only c. cannot exclude men as if David had sinned against no mortall men on earth as Royalists would teach Sac. sanct maj pag. 153. Gods delivering his people by Iudges and by Cyrus nothing against the power of a free people That the people may swear a Covenant for Reformation of Religion without the King is proâ—ed A twofold exposition of Lawes A Rule to expone Lawes The King not the sole interpreter of the Law The Kings conscience no rule of judging to the inferiour Iudge The King not the authentick peremtory and Lordly interpreter of the Law Argum. 1. â—rguâ— 2. The Will of the King is not the sense of the Law The King is King according to the Law but not King of the Law Argum. 3. Arg. 5. There can be no written Law if the King only be the authentick expositor of the Law Imperator so leges in scrinio condere dicit l. omnium C. de testam Arg. 6. Arnisaeus de authori Princ. c. 1. n. 2. The state of the question concerning resistance Arnisae 16. n. 4. If Kings be absolute by divine Institution then all Covenants restraining them must be unlawfull spoiling of Kings of that which God hath given them Resistance in some cases lawfull according to D. Fern. De author Princ. c. 2. n. 10. Royalists hold it lawfull to resist an inferiour Iudge The Exactors of unjust tribute not easily to be resisted Arguments for the lawfulnesse of resisting unjust violence Argum. 1. Argum. 2. Argum. 3. Argum. 4. Arg. 5. Arg. 6. The Kings person as a man in concreto and as a King and his office in abstracto are very different in this dispute Sacr. sanc Reg. Mai. c. 1. pag. 2. Arnisae de authoritat Princip c. 4. n. n. pag. 96. Every one
that commandeth obedience active or passive unjustly is eatenus no higher power Arnisaeus 16. Laertius l. 3. in Plato The person or the man who is the Magistrate may lawfully be resisted and the man as using the power lawfully or the office can not be resisted Arg. â— Pag. 141. Sac. sanâ— mac 2 pag 28. pag. 30. 31. Arnisaen de potest prin c. 2. 11. 17. pag. 3. sec 5. pag. 30. Royalists reasons that to resist the man or person is to resist the King office or ordinance of God Grot. dâ— iur belli pacis l. 1. c. 4. n. 7. Winzetus Velitat adver Buchanan Barclay adv Monarchom l. 3. c. 8. We may kill a person as a man and love him as a sonne a father a wife according to Gods Word How the person and office â—f the Ruler are both theobject of our subiection The question of subjection toucheth the persons as abusing their power De Authorit princ c. 2. n. 18. Loyall Subiects beliefe pag. 49. Sect. 5. pag. 9. Pilates power to crucifie Christ was no Law-power given by God to Pilate as a Iudge Patient bearing of ill and resistance are compatible in one and the same person Resistance not forbidden 1 Pet. 2. 18. but patient suffering onely recommended D. Ferne part 3. § 2. p. 10. Suffering and non-resistance passive fell under no law Christs non-resisting of Pilate no plea against resistance of unjust violence Many things not imitable by us in Christs non-resistance D. Ferne part 3. §. 2. p. 10. Conses Remonstrant Suffering not commanded of God formally We are comparatively rather to suffer then to deny the truth but we are not commanded formally to suffer Patience in suffering is commanded not suffering it self formally Re-offending in ended is contrary to patient subjection The physicall act of taking away of the liâ—â— makeâ—h not homâ—cide We have a greater dominion over our goods and members mutilation excepted then over our life Populo quidem hoc casu resistendi actuendi se ab injuâ—ia potestas competir sed tuendise tantum non autem â—â—inâ—ipem inâ—…di resisâ—endâ— injuriae illaâ—ae nâ—n reâ—â—dendi a deâ—â—ra reverenâ—ia non vim pâ—…am uâ—â—isâ—… 〈…〉 â—â—â— Defenâ—â—ve warres cannot be without offending D. Ferne acknowledgeth violent resisting to be lawfull but not defensive warres Defensive wars are offensive only by accidâ—nt There is â—o holding of an arâ—ies hands or warding of stroakes â—ut by â—ffensive wars conjoyned by accidâ—nt with defensive wars Flying is resistance Self-defence naturall D. Ferne alloweth the resistance of denying of Tribute to a tyranous Prince Apologies Supplications Flight taking of Armes lawfull in self-defence Violent re-offending in self-defence the last remedy Simmons Loyâ—ll Subjects belees Re-offending comparatively that I kill ere I be killed in the court of necessity lawâ—ull The â—leeing of a Church or nation not a mean of self-defence alway possible and so not required of God A self defence remote and a self-defence nâ—ere hand When David had Saul in his hand he was in a case of actuall self-defence Saul being in a habituall unjust pursuit The Protestants of the three kingdoms not in the case that David was in when he came armed upon King Saul sleeping So D. Ferne. The law of universall and particular nature warranteth self-defence This or that King not the adequat head of the community Fxod 32. Rom. 9. The love of our selfe the rule and measure of our love to our neighbour We are to love our brethrens salvation aobve our lâ—fe not their life aâ—ove our owne How many wayes a man may preferre the safety of his owne life to the safety of his brother Self defence common to man with beasts Takeing of armes in the law is a soveraigne ground of a dâ—fensive postuâ—e Offensive and defensive wars differ in the event and intentions of men but not physically A where may not sell her own body for hire Covar to 1. par 2. â— 1. de furti rapi restituti §. 2. n. 1. The lawfulness of violent resistance of Kings cleare from Scripture proofes Symmons Loyall subject § 10. pag 31. Davids not invading Saul and his men a case far contrary to the condition of England and Scotland now It is not lawfull to kill the King as Jesuits teach D. Ferne his resolving of conscience Sect. 2. Arnisaeus de authorit prinâ— c. 2. n. 15. Davids example not extraordinary Elisha's fact proveth the lawfulnesse of defensive wars Elisha by no extraordinary spirit resisted Joram Loyall subjects beliefe Resistance made to King Vzziah proveth the same Vaâ—ib Deturba â—nt eum ex illo lâ—co compulsusque ut egâ—â—de etur inâ—â— â—â— Fâ—â—â—inanter eg â—dâ— eum coeâ—eâ—unt hoc est extruserunt eum 1 Sam. 14. The peoples resisting of Saul in rescuing Jonathan unjustly condemned to die saith that the Estates of the two Kingdomes may swear and covenant to rescue thousands of innocents from the unjust sword of cuâ—throats of Ireland Papists in England Chald. Par. Manifestum est quod Jonathan peccavit perignorantiam P. Mart. saith with a doubt Si ista seditiose fecerunt nullo modo excusari possunâ— Yea he saith they might suffragiis with their suffrages free him Jun. The people opposed a just oath to Sauls hypocriticall oath Osiander and Borhaius justifie the people P. Mar. Com. in 2 Reg. c. 8. saith Libnah revoltrd Quia subditos nitebatur cogere ad Idololatriam quod ipsi libnenses pati noluerunt merito principibus enim parendum est verum usque ad aras The King would compell them to Idolatry and they justly râ—volt d. Vatab. in noâ— Impulit Judaeos ad Idololatriam alioqui â—am pronos ad cultum Idololorum The Citie of Abels revolting a proof for the lawfulnesse of resistance The place Rom. 13. discussed The King onely is not understood in the Text. The King is principally understood in the Text Rom. 13. in regard of dignity but not only in regard of â—ssance Onely Nero cannot be understood Rom. 13. â— Vatab. Homines intelligit publica authoritatepâ—aeditus The P. Prelats poore reasons restraining the Text to Kings answered Prelat Sac. Sanct. maj c. 2. pag. 29. P. Martyr Varia sunt potestatum gâ—nera regna Aristocâ—atica Politica Tyrannica Oligaâ—chica Deus etiam illorum author Willet saith the same and so Beza so Tolet. Haymo Reasons against the lawfulnesse of resistance made to unjust violence answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Herod l. 7. de Xerxe Vulgar version and Lyra turn 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Apostate Luk. 15. 32. Prelat Sac. sanc maj c. 5. n. 6. The objection that Goâ—s Prophets never rebuked non-resistance as a murtherous omission and that Gods people in Scripture never practâ—sâ—d resistancâ— aâ—d God nâ—vâ—r commanded it fâ—lly â—nswâ—red Nota. Rivet in Dâ—cal in mand 6. pag. 234. Sheweth the reasons why Christ condemned Peter not because he thought self defence unlawfull but 1. it had a kind of revenge in it for so few could not repel such an army
as caâ—â—â— to take Christ 2. He waited not on Christs answer 3. He could have defended himself another way 4. It was contrary to Gods will revealed to Peter The Prophets cry against the sin of non-resistance when they cry against the peoples not executeing judgement for the oppressed and not relieving those that were crushed in the gate There is no warrant in the word by precept or practice that the King and Cavalliers should rise and oppose Princes and States in a hostile way for their conscience Sacr. sanâ—â— 6. pag. 74 75 76. The Doctors of Aberdeene in their Duplyes Tertullian in an errour The ancient Christians did rise in Armes against persecuting Emperours Inferiour Judges have the power of the sword aswell as the King The people tyed to acts of Charity and to defend themselves the Church and their posterity against a forreigne Army though the King forbid We must defend with the sword the Church of God whether the King will or no except it be said the King may command murther and discharge us of the duties of the second Table Examples of lawfull warres without the King If the Parliament make the King and give to him the sword the King cannot make the Parliament nor use the sword to their destruction Parliamentary power a fountaine power above the King Loyall Sâ—aj Beliefâ— Causes oâ— wâ—r make lawfull war not the sole pleasure of the King De â—â—iâ—cip 6. â— 18. It is necessary and lawfull for the States of Scotland to help their brethren in England Cases â—n which we are to help our brethren according to divers opinions We are to help our brethren though they desire us â—â—â— Solons testimony Law of the Egyptians against those that helped not the oppressed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Erne captos ad mortem Acts of charity as helping our brethren against unjust oppressions oblige us whether the King command them or forbid them Loyall subjects beliefe sect 4. pag. 7. Sacr. sanct Reg. maj c. 2. pag. 26. 27. The question concerning the excellency of Monarchy above other formes various according to divers considerations An absolute Monarchy the baddest of governments Epiminondas his watchfulnesse A power to sin worse then a power of non-sinning Monarchy in it selfe considered is the best government Every forme in some construction best A mixed Monarchy bâ—st Tolossan de Rep. l. 13. c. 12. Barâ—l cont Monarch l. 1. c. 39. Symmons Loyall Subj unbeliefe §. 4. pag. 7. A threefold supreame power What be jura regalia or jura majestatis Arnisaeus de 〈…〉 6. maâ— â— 1. â— 3. pag. 15â— 158. Kings conâ—â—r honours as rewards of vertue as they punish ildoers not because they are absolute but according to law The law of the King 1 Sam 8. 9. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Farther consideration of the place 1. Sam. 8. 9. 11. Difference of Kings and Judges The law or manner of the King 1 Sam. 8. 9. no permissive law of God as was the law of a bill of divorcement God cannot make a permissive law tending to the destruction of a whole national Church and Kingdome What dominion the King hath over the goods of the subject The peoples power over the King by reason of the Coronation covenant Mutuall punishments may be where there be no mutuall relations of superiority and inferiority A promise layeth a politique obligation on the promiser and giveth law to him to whom the promise is made to presse performance or punish violation when the promises are betwixt man and man Three kindes of oathes or covenants â—â—de by Kings as Arnisaeus thinketh The King not King 〈…〉 â—â— first â—wear the oâ—â—h It is an evasion onely to distinguâ—sh between the Kings promisâ—s and his oath Grotius de jur bel pat l. 1. c. 4. Barclai l. 4. c. 6. A King cannot swear to be a just King because he is already King Bartol in l. 1. n. 4. de his qui not infam Arnisae cap. 6. An princeps qui iuraâ— subditis c. â—o Roâ—â— de potest pa. lib. 2. c. 20. B. Rochester 16 A difference betwixt a father and a King A people may give Royall power to the King by limitation and measure but people can give no gift which is solely and immediately from God by measure they cannot measure God Sacr. san reg maj c. 1. pag. 1 2. An. 1633. Coronation of King Charls in Scotland L. 3. defens fid Orth. c. 3. n. 2 3. The P. Prelate is a Papist Iesuites tenents concerning Kings Tract contra primatum Regis Angliae Calvin Iust l. 4. c. 4. Sac. sanc Mai. c. 1. p. 17 18. Soveraigne power in the King but not power of Tyrannie The King not the Vicegerent of Christ as mediator The King not the head of the Church The prelates reason proveth all creatures to be the vicegerents of Christ as Mediator 2 Reas p. 58. The King no mixed person or half Clergie man in the externail government of the Church as the P. P. dreameth 1 Parl. King Charles aâ— 1633. The P. Prelate prayeth for the Pope The Power of Presbyteries Ministeriall P. Prelates deny Kings to be subject to the Gospel and Discipline of Christ Pag. 65. The Ministeriall power of Pastors what Page 65. The P. Prelate maketh the King a Church-man The P. Prelate giveth an Arbitrary power of government in Christs-Church to the King Prelates extend a lawlesse prerogative to the government of the Church Two Supremes under Christ one in the Church another in the State are not absurd P. 66 67 68. The King not the servant of the Church Ruling Elders not Lay-men The King of Scotland not above Laws and Parliaments proved from our acts of Parliament The King of Scotland's oath at his Coronation How the King is supreme Iudge in all Causes The Estates of Parliament do append their collaterall Seales with the Great Seal in Treaties with forraigne Princes Angl. Conf. art 37. Sed eam tantum Prerogativam aequam in sacris Scripturis à Deo ipso omnibus piis Princibus semper fuisse tributam hoc est ut omnes status atque ordines fidei sive commlssos sixe illi ecclesiastiei sint sive civiles in officio â—ontineant â—ontumaces ac delinquenteâ— gladio civili â—oerceant W. Laud and other Prelates enemies to Parliaments The Parliaments of Scotland doe regulate limit and set bounds to the Kings power Fergus the first King of Scotland no Conquerour but a freely elected Prince A fundamentall Law of elective Kings in Scotland The Parliaments of Scotland chosed Kings The Oath of Galdus the 21. King of Scotland Kings of Scotland censured and punished by the Parliament Kings of Scotland of old had no negative voyce Buchan Rer. Scot. l. 7. Coronation Oath Parliaments of Scotland by Law are to decide who should raigne How Royaltie is the first and naturall Government Many Rulers over a great multitude more naturall than one To resist the Will is not to resist the Power Pag. 9. It is no good consequence Christ and the Apostles used not violent resistance to spread the Gospel ergo such resistance is unlawfull The Coronation of the King in concreto is more then a Ceremonie Men may limit the Power that they gave not Arnisaeus de authorit princi c. 3. n. 6. Subiects not more obnoxious to a King then Clients Vassals Children Servi indignè habiti confugiendi ad statuas dominum mutandi copiam habent l. 2. De his qui sunt sui Item C. De lat Hered toll Arnisaeus De authori principumâ—in popul c. 3. n. 7. Subjects in active obedience must subject to a Kings lawfull commandement but in things unlawfull they are not naturally subject in passive subjection Whether King Vzzah was dethroned Arnisaeus de jure Pontif. Rom. in Regna Princ. c. 5. n. 30. Bellarm. de pâ—nit l. 3. c. 2. Deniall of passive obedience in things unjust not dishonourable to the King more then deniall of active obedience in these same things Loyall Convâ—rt page 10. The King may not make away a part of his owne Dominions Ferdinan Vasquius illustr quest l. 1. c. 3. n. 8. juri alieno quisquam nâ—c in minima parte obesse potest l. id quod nostru F. de reg jur l. jur natu cod titul l. How subjects are obliged to pay the Kings debts Subsidies the Kingdoms due rather then the Kings In how many divers notions the Seas Forts Castles Militia Road-wayes are the Kings and how more properly they are the Kingdomes
armed with power that cannot be resisted other wayes Samuel said to King Saul 1 Sam. 13. 13. Thou hast done foolishly Eliah said more to Ahab then What hast thou done And the Prophets were to rebuke sinne in Kings 2 King 3. 14. Ier. 1. 28. Chap. 22. 3. Hos 5. 1 2. And though Solomon here give them a power he speaketh of Kings as they are de facto but de jure they are under a Law Deut. 17. 18. If the meaning be as Royalists dreame he doth whatsoever hee will or desireth as a Prince by his royall that is his legall will by which he is lex animata a breathing law we shall owne that as truth and it is nothing against us But if the meaning be that De jure as King he doth whatsoever he will by the absolute supremacie of Royall will above all law and reason then Ioram should by law as King take Elisha's head away and Elisha resisted God in saying What doth the King and he sinned in commanding to deal rougbly with the Kings messenger and hold him at the doore then the fourescore valiant Priests who said to King Vzziah What dost thou resisted him in burning incense which he desired to doe sinned Then Pharaoh who said Ezech. 29. 3. The river Nilus is mine I have made it for my selfe and the King of Tyrus Ezek. 28. 2. I am God I sit in the seat of God should not be controlled by the Prophets and no man should say to them What sayest thou Did Cyrus as a King with a Royall power from God and jure regio be angry at the river Gyndes because it drowned one of his horses and punish it by dividing it in 130. Channels Sen. l. 3. de ira c. 21. And did Xerxes jure regio by a Royall power given of God when Hellespontus had cast downe his bridges command that three hundred whips should be inflicted on that little sea and that it should be cast in fetters And our Royalists will have these mad fooles doing these acts of blasphemous insolencie against heaven to be honoured as Kings and to act those acts by a regall power But heare flatterers a Royall power is the good gift of God a lawfull and just power A King acting and speaking as a King speaketh and acteth Law and Justice A power to blaspheme is not a lawfull power they did and spake these things with a humane and a sinfull will if therefore this be the Royalists meaning as Kings 1. They are absolute and so the limited and elected King is no King 2. The King as King is above Gods Law put on him by God Deut. 17. 3. His will is the measure of good and ill 4. It were unlawfull to say to the King of Cyrus What sayest thou Thou are not God according to this vaine sense of Royalists Obj. 9. Elihu saith Iob 34. 18. Is it fit to say to a King Thou art â—icked and to Princes Ye are ungodly Ergo You may not resiâ— Kings Ans 1. This Text no more proveth that Kings should not be resisted then it proveth that rich men or liberall men or other Judges inferiour should not be resisted for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth all that and it signifieth liber all Isa 32. 5. And ver 8. the same word is 2. Deodat and Calvin say the meaning is Learne from the respect that is due to earthly princes the reverence due to the Soveraign Lord Mal. 1. 8. for it is not convenient to reproach earthly Kings and and to say to a Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beliel a word of reproach signifying extreme wickednesse And you may not say to a man of place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an extreamly wicked man so are the words taken as signifying most vile and wicked men 1 Sam. 2. 12. 1 Sam. 10. 27. 2 Sam. 24. 6. Psal 1. 1 6. Psal 11. 5. Psal 12. 8. Prov. 16. 4. Psa 146. 9. and in infinite places For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a word of extreme reproach comming from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sine non and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 profuit Iud. 19. 22. a most naughtie and a lewd man or from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jugum a lawlesse man who hath cast off all yokes of Gods or Mans Law So then the meaning is It is unlawfull to reproach earthly Princes and men of place farre more is it unlawfull to reproach the Judge of the whole earth with injustice And what then We may not reproach the King as Shimei cursed King David Ergo it is unlawfull to resist the King in any tyrannous act I shall deny the consequence Nay as Pineda observeth if the Royalist presse the words literally it shall not be lawfull for Prophets to reprove Kings of their sins Christ called Herod a Fox Elias Ahab one that troubled Israel Obj. 10. Act. 23. Paul excuseth himselfe that he called Ananias the High-priest a whited wall Answ Rivetus Exo. 22. learnedly discussing the place thinketh Paul professing he knew him not to be the High-Priest speaketh ironically that he could not acknowledge such a man for a Judge Piscator answereth he could not then cite Scripture It is written Exod. c. Ans But they may well consist in that act of smiting Paul unjustly he might be reproached otherwise it is not lawfull to reproach him and surely it is not like that Paul was ignorant that he was a Judge Yea it is certain he knew him to be a Judge 1. He appeared before him as a Judge to answer for himselfe 2. Paul saith expresly he was a Judge ver 3. Sittest thou to judge me after the Law c. and therefore the place is for us for even according to the mind of all the fault was if there were any in calling him a whited wall and he resisted him in judgement when he said Commandest thou me to be smitten against the Law 2. Though Royalists rather put a fault on the Apostle Paul now in the act of prophecying judgement against Ananias which after fell out then upon their God the King yet the consequence amounteth but to this We may not revile the High Priest Ergo we may not resist the King in his illegall commandments It followeth not Yea it should prove if a Prelate come in open war to kill the innocent Apostle Paul the Apostle might fly or hold his hands but might not re-offend Now the Prelate is the High Priests successor and his base person so is as sacred as the person of the Lords Anointed the King Hence the Cavalliers had in one of their Colours which was taken by the Scots at the battle of Marston lul 2. An. 1644. the Crowne and the Prelates Mitre painted with these words Nolite tangere Christos meos as if the Antichristian Mitre were as sacred as the lawfull Crowne of the King of Britaine Obj. 11. Ferne sect 9. 56. If the Senate and people of Rome who a little before had the supreme