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A73761 The epistle congratulatorie of Lysimachus Nicanor of the Societie of Jesu, to the Covenanters in Scotland. VVherin is paralleled our sweet harmony and correspondency in divers materiall points of doctrine and practice. Nicanor, Lysimachus, 1603-1641. 1640 (1640) STC 5752; Thomason E203_7; ESTC R17894 65,738 81

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your selves And lastly you are come so neere to Ferro perimere Protest at Edenburg 18. Decemb. 1938 that you have met him with offensive armes But I pray you what made you stand here what made you make a period where was no comma Can you think it unlawfull to kill a King and yet set your muskets pikes and Canons before the face of a King and shoot at randome it cannot be that you have learned Knox and Buchanan so ill and you deserve no reward Let that golden sentence of Buchanan never be forgotten Whiles he saies Buch de sure reg apud Scot. pag. 40. Suarez lib. 6. § 6. It were good that rewards were appointed by the people for such as should kill tyrants as commonly there is for those that have killed either Wolves or Beares or taken their whelps Your case was that which is supposed by Suarez Si supp●natur rex aggrediens civitatem ut illam injustè perdat cives interficiat vel quid simile tunc certè licebit principi resistere etiam occidendo illum si aliter fieri non possit defensi● tum quia si pro vita propria hoc licet multo magis pro communi beno tum etiam quia civitas ipsa tunc habet justum bellum defensivum contra injustum invasorem etiamsi proprius sit rex If it be supponed that the King is comming against a citie unjustly to destroy it and to kill the Citizens or any such like thing Then certainly they may resist the Prince even killing him if they cannot otherwise defend themselves both because if this be lawfull to be done for a mans owne life much more for the common good and also because the citie it selfe hath then a just defensive warre against an unjust invader albeit he were their owne King This Thesis hath beene well studied by you for it is the ground of all your learned arguments for warre But now since his Majestie is returned backe againe with his army and this first storm is gone without hurt be not you idle but labour for some friends at Court who may inform you of his Majesties Proceedings And if you send any to court let that be ever one of your instructions which you gave to the Earle of Dumfermling Novemb. 2. 1639. and the Lord London To have frequent and sure advertisement to you how affaires goe with their advise Amen And he still upon your guard and let the Flaccinian counsell take place with you if you heare that he shall refuse to approve of your proceedings to affright him with the terrour of insurrection againe And desire all that are doubtfull and scrupulous of this matter to read Knox Historie and Buchanans where they shall finde our doctrine very cleare The peoples power is great Populus rege est praestantior melior c. The people are better then the King and of greater authoritie For the people hath the same power over the King Buch. de jure reg pag. 61. Jdem pag. 50 that the King hath over any one person Populo ju● est ut imperium cui vult deferat the people have power to bestow the crowne at their pleasure its not birthright nor succession nor propinquity of blood that must be respected Therefore Knox wrote to England and Scotland It s not birth-right only nor propinquity of blood that maketh a King lawfully to raigne above a people professing Christ Jesus fol. 77. Let his Majestie know that you are no Dunces but men of learning who know the greatnesse of your power and the smalnesse of his notwithstanding of the flatterie of Court Parasites But before I end this point I cannot but admire why you have not continued your Parliament even to the end but suffered his Majestie to adjourne it you professe that you follow the laudable example of your progenitors but if you doe as they did 1560. you would not grant his Majestie a Negative voice nor suffer the Parliament to be adjourned but to have done with it as you did with the Assembly at Glasgow Novemb. 29. 1638. to continue it to the end and then for the fashion to have sought his Approbation for the reason is alike as your assemblies are above him in spiritualibus so are your Parliaments in temporalibus and may bee holden though there bee neither Sword Scepter not Crown there For as Knox saith those things were rather pompous and glorious vaine Coremonies then any substantiall points of necessity required to any lawfull Parliament Knox hist of the Church of Scotland pag. 502. And therefore after you had kept that Parliament of your own accord in anno 1560. for the fashions sake you send to the King of France and your Scotch Queene his wife to desire them to ratifie the same But upon their refusall you spake as it became you of their ratification We little regarded it or yet doe regard Idem pag. 500. for all that we did was rather to shew our dutifull obedience then to beg of them any strength to our Religion If you goe not thus farre you come short in following the laudable example of your Progenitors And yet when I consider the instructions given by the body of the Parliament to the Earle of Dumfermling and the Lord Lowdon novemb 2. 1639. I perceive that you are not a foot behinde your Progenitors seeing you will not grant it to bee in the Kings power to prorogate the assembly except you all consent unto it for your sixth Article of the instructions is thus Item If the King will not condescend●●● goe on presently in Parliament that the King prorogate Parliament with consent of the states according to the conditions which you have I see further that if he prorogate the assembly it must not only be with your consent but also hee must grant your petition sent to his Majestie by the Earle of Kinoull from the Parliament before you will grant to any peaceable conclusion or prorogation of the Parliament for your sole Argument to have your petition granted in is these words Without this point be granted it is not possible to make a peaceable conclusion or that they can rest satisfied with the prorogation of the Parliament And lest that the people should rest satisfied herewith and your Democracie take no good successe the Ministers would be exhorted to doe their part not to suffer the people to settle upon their dregs but to hold them in perpetuall motion till it end to your perpetuall quietnesse This was the practise of the zealous Ministers your Predecessors in the dayes of Queene Regent Queene Many and in the tender age of King Iames who did both in private and publike oppone themselves to authoritie for the maintenance of our tenents concerning the civill Magistrate and our other Prerogatives This made King Iames our common enemie speake the truth in exceeding harsh termes while he said E ministerio homines nonnulli praecipites Basilic d●ron pag.