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 subject 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 of the Parliaments of Scotland ibid. The confession of the faith of the Church of Scotland authorized by divers Acts of Parliament doth evidently hold forth to all the reformed Churches the lawfulnesse of defensive Wars when the supreme Magistrate is misled by wicked Counsell p. 440 441 442. The same proved from the Confessions of Faith in other reformed Churches ibid. The place Rom. 13. exponed in our Confession of Faith p. 441 442 443. The Confession not onely Saxonick exhibited to the Councell of Trent but also of Helvetia France England Bohemia prove the same p. 444 445. William Laud and other Prelates enemies to Parliaments to States and to the Fundamentall Laws of the
all in one day to his sword were they obliged by this Oath to prayers and â—eares and only to suffer and was it against the Oath of God to defend themselves by Armes I beleeve the Oath did not oblige to such absolute subjection and though they had taken Armes in their owne lawfull defence according to the Law of Nature they had not broken the Oath of God The Oath was not a tye to an absolute subjection of all and every one either to worship Idols or then to sly or suffer death Now the Service-booke commanded in the Kings absolute authority all Scotland to commit grosser Idolatry in the intention of the work if not in the intention of the Commander then was in Babylon We read not that the King of Babylon pressed the consciences of Gods people to Idolatry or that all should either sly the Kingdome and leave their inheritances to Papists and Prelates or then come under the mercy of the sword of Papists and Atheists by sea or land 3. God may command against the Law of Nature and Gods Commandement maketh subjection lawfull so as men may not now being under the Law of God defend themselves What then Ergo we owe subjection to absolute Princes and their power must be a lawfull power it no waies is consequent Gods Commandement by Ieremiah made the subjection of Iudah lawfull and without that Commandement they might have taken Armes against the King of Babylon as they did against the Philistines and Gods Commandement maketh the Oath lawfull As suppone Ireland would all rise in Armes and come and destroy Scotland the King of Spain leading then we were by this Argument not to resist 4. It is denyed that the power Rom. 13. as absolute is Gods ordinance And I deny utterly that Christ and his Apostles did sweare non-resistence absolute to the Roman Emperour Obj. 2. It sesmeth 1 Pet. 2.18 19. if well doing be mistaken by the reason and judgement of an absolute Monarch for ill doing and we punished yet the Magistrates will is the command of a reasonable will and so to be submitted unto because such a one suffereth by Law where the Monarches Will is a Law and in this case some power must judge Now in an absolute Monarchy all judgement resolveth in the Will of the Monarch as the supreame Law and if Ancestors have submitted themselves by Oath there is no repeale or redresment Ans. Who ever was the Author of this Treatise he is a bad defender of the defensive warres in England for all the lawfulnesse of warres then must depend on this 1. Whether England be a conquered Nation at the beginning 2. If the Law-will of an absolute Monarch or a Nero be a reasonable Will to which we must submit in suffering ill I see not but we must submit to a reasonable will if it be reasonable will in doing ill no lesse then in suffering ill 3. Absolute Will in absolute Monarches is no Iudge De jure but an unlawfull and a usurping Iudge 4. 1 Pet. 2.18 19. Servants are not commanded simply to suffer I can prove suffering formally not to fall under any Law of God but only patient suffering I except Christ who was under a peculiar commandement to suffer But servants upon supposition that they are servants and buffeted unjustly by their Masters are by the Apostle Peter commanded v. 20. to suffer patiently But it doth not bind up a servants hand to defend his owne life with weapons if his Master invade him without cause to kill him otherwise if God call him to suffer he is to suffer in the manner and way as Christ did not reviling not threatning 4. To be a King and an absolute Master to me are contradictory a King essentially is a living Law An absolute man is a creature that they call a Tyrant and no lawfull King yet doe I not meane that any that is a King and usurpeth absolutenesse leaveth off to be a King but in so far as he is absolute he is no more a King then in so far as he is a Tyrant But further the King of England saith in a Declaration 1. The Law is the measure of the Kings Power 2. Parliaments are essentially Lord Iudges to make Lawes essentially as the King is ergo the King is not above the Law 3. Magna Charta saith the King can doe nothing but by Lawes and no obedience is due to him but by Law 4. Prescription taketh away the title of conquests Obj 3. The King not the Parliament is the Anoynted of God Ans. The Parliament is as good even a Congregation of Gods Psalme 82.1 Obj. 4. The Parliament is the Court in their Acts they say with consent of our Soveraigne Lord. Ans. They say not at the Commandement and absolute pleasure of our Soveraigne Lord. 2. He is their Lord materially not as they are formally a Parliament for the King made them not a Parliament but sure I am the Parliament had power before he was King and made him King 1 Sam. 10.17 18. Obj. 5. In an absolute Monarchy there is not a resignation of men to any will as will but to the reasonable will of the Monarch which having the law of reason to direct it is kept from injurious acts Ans. If reason be a sufficient restraint and if God hath laid no other restraint upon some lawfull King yee reason Then is Magistracy a lame a needlesse ordinance of God for all Mankind hath reason to keepe themselves from injuries and so there is no need of Iudges or Kings to defend them from either doing or suffering injuries But certainly this must be admirable If God as Author of nature should make the Lyon King of all beasts the Lyon remaining a devouring beast and should ordaine by nature all the sheepe and Lambs to come and submit their corps to him by instinct of nature and to be eaten at his will and then say The nature of a beast in a Lyon is a sufficient restraint to keepe the Lyon from devouring Lambs Certainly a King being a sinfull man and having no restraint on his power but reason he may thinke it reason to allow rebells to kill drowne hang torture to death an hundred thousand Protestants men women infants in the wombe and sucking babes as is clere in Pharaoh Manasseh and other Princes Obj. 6. There is no Court or Iudge above the King ergo he is absolutely supreame Ans. The Antecedent is false The Court that made the King of a private man a King is above him and here are limitations laid on him at his Coronation 2. The States of Parliament are above him to censure him 3. In case of open Tyranny though the States had not time to conveen in Parliament if he bring on his people an hoast of Spaniards or forraine Rebells his owne conscience is above him and the conscience of the people farre more called conscientia terrae may judge him in so farre as they may
tribe The Pope is but a swelled fat Prelate and what he saith of Popes he saith of his own house 6. The Ministers of Christ in Scotland had never a contest with King Iames but for his sinnes and his conniving with Papists and his introducing Bishops the usher of the Pope QUEST XLIII Whether the King of Scotland be an absolute Prince having Prerogatives above Parliament and Laws The Negative is asserted by the Lawes of Scotland the Kings Oath of Coronation the Confession of Faith c. THe negative part of this I hold in these Assertions Assert 1. The Kings of Scotland have not any Prerogative distinct from Supremacie above the Lawes 1. If the People must be governed by no Lawes but by the Kings own Lawes that is the Lawes and Statutes of the Realme acted in Parliament under paine of disobedience then must the King governe by no other Lawes and so by no Prerogative above Law But the former is an evident truth by our Acts of Parliament ergo so is the latter The Proposition is confirmed 1. Because what ever Law enjoyneth passive obedience no way but by Lawes that must injoyne also the King actively to command no other way but by Law for to be governed by Law essentially includeth to be governed by the Supreme Governour only by Law 2. An act of Regall governing is an act of Law and essentially an act of Law an act of absolute Prerogative is no act of Law but an act above Law or of pleasure loosed from Law and so they are opposed as acts of Law and non acts of Law If the Subjects by command of the King and Parliament cannot be governed but by Law How can the King but be under his own and the Parliaments Law to governe only by Law I prove the Assumption from Parl. 3. of K. Iames the 1. Act 48. Ordaines That all and sundry the Kings Lieges be governed under the Kings Laws and Statutes of the Realme allanerly and under no particular Lawes or speciall Priviledges nor by any Lawes of other Countries or Realmes Priviledges doe exclude Lawes Absolute pleasure of the King as a Man and the Law of the King as King are opposed by way of contradiction and so in Parl. 6. K. James 4. Act. 79. and ratified Parl. 8. K. Iames 6. Act. 131. 2. The King at his Coronation 1. Par. K. James 6. Act. 8. sweareth to maintaine the true Kirk of God and Religion now presently professed in puritie And to rule the People according to the Lawes and Constitutions received in the Realme causing Justice and equitie to be ministred without partialitie This did King Charles sweare at his Coronation and ratified Parl. 7. K. Iam. 6. Act. 99. Hence he who by the Oath of God is limited to governe by Law can have no Prerogative above the Law If then the King change the Religion Confession of Faith authorised by many Parliaments especially by Parliament 1. K. Charles An. 1633. He goeth against his Oath 3. The Kings Royall Prerogative or rather Supremacie enacted Parl. 8. K. James 6. Act. 129. and Parl. 18. Act. 1. and Parl. 21. Act. 1. K. Iames and 1 Parl. K. Charles Act. 3. cannot 1. be contrary to the Oath that K. Charles did sweare at his Coronation which bringeth down the Prerogative to governing according to the standing Lawes of the Realme 2. It cannot be contrary to these former Parliaments and Acts declaring that the Lieges are to be governed by the Lawes of the Realme and by no particular Lawes and speciall Priviledges but absolute Prerogative is a speciall Priviledge above or without Law which Acts stand unrepealed to this day and these Acts of Parliaments stand ratified An. 1633. the 1 Parl. K. Charles 3. Parl. 8. K. Iames 6. in the first three Acts thereof the Kings Supremacie and the power and authoritie of Parliaments are equally ratified under the same paine Their jurisdictions power and judgements in Spirituall or Temporall causes not ratified by His Majestie and the three Estates conveened in Parliament are discharged But the Absolute Prerogative of the King above Law Equity and Iustice was never ratified in any Parliament of Scotland to this day 4. Parliam 12. K. Iames 6. Act. 114. All former Acts in favour of the true Church and Religion being ratified Their power of making Constitutions concerning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Order and Decency the Priviledges that God hath given to spirituall Office-bearers as well of Doctrine and Discipline in matters of Heresie Excommunication Collation Deprivation and such like warranted by the Word of God and also to Assembles and Presbyteries are ratified Now in that Parliament in Acts so contiguous we are not to think That the King and three Estates would make Acts for establishing the Churches power in all the former heads of Government in which Royalists say The soul of the Kings Absolute Prerogative doth consist And therefore it must be the true intent of our Parliament to give the King a Supremacy and a Prerogative Royall which we also give but without any Absolutenesse of boundlesse and transcendent power above Law and not to obtrude a Service-Book and all the Superstitious Rites of the Church of Rome without Gods Word upon us 5. The former Act of Parliament ratifieth the true Religion according to the Word of God then could it never have been the intent of our Parliament to ratifie an Absolute supremacy according to which a King might govern his people as a Tyrannous Lion contrary to Deut. 17.18 19 20. And 't is true The 18. P. of King James 6. Act. 1. and Act. 2. upon personall qualifications giveth a Royall Prerogative to King James over all causes persons and estates within His Majesties Dominion whom they humbly acknowledge to be Soveraign Monarch Absolute Prince Judge and Governour over all Estates Persons and Causes These two Acts for my part I acknowledge spoken rather in Court-expressions then in Law-termes 1. Because personall vertues cannot advance a limited Prince such as the Kings of Scotland Post hominum memoriam ever were to be an Absolute Prince Personall graces make not David absolutely supreme Judge over all persons and causes nor can King James advanced to be King of England be for that made more King of Scotland and more supreme Iudge then he was while he was onely King of Scotland A wicked Prince is as essentially supreme Iudge as a godly King 2. If this Parliamentary figure of speech which is to be imputed to the times exalted King James to be Absolute in Scotland for his personall indowments there was no ground to put the same on King Charls Personall vertues are not alway Hereditary though to me the present King be the best 3. There is not any Absolutenesse above Law in the Act. 1. The Parliament must be more absolute themselves King James 6. had been divers yeers before this 18. Parl. King of Scotland then if they gave him by Law an Absolutenesse which he had
not before then they were more Absolute These who can adde Absolutenesse must have it in themselves Nemo dat quod non habet if it be said King James had that before the Act the Parliament legally declared it to be his power which before the Declaration was his power I answer All he had before this Declaration was to govern the people according to Law and Conscience and no more and if they declare no other Prerogative Royall to be due to him there is an end we grant all But then this which they call Prerogative Royall is no more then a power to govern according to Law and so you adde nothing to King James upon the ground of his personall vertues onely you make an oration to his praise in the Acts of Parliament 4. If this Absolutenesse of Prerogative be given to the King the subjects swearing obedience swear That he hath power from themselves to destroy themselves this is neither a lawfull oath nor though they should swear it doth it oblige them 6. A Supreme Iudge is a supreme father of all his children and all their causes and to be a supreme Father cannot be contrary to a supreme Iudge but contrary it must be if this supremacy make over to the Prince a power of devouring as a Lyon and that by a regall priviledge and by office whereas he should be a father to save or if a Iudge kill an ill-doer though that be an act destructive to one man yet is it an act of a father to the Common-wealth An act of supreme and absolute Royaltie is often an act of destruction to one particular man and to the whole Common-wealth For example when the King out of his Absolute Prerogative pardoneth a murtherer and he killeth another innocent man and out of the same ground the King pardoneth him again and so till he kill twenty for by what reason the Prerogative giveth one pardon he may give twenty there is a like reason above Law for all This act of Absolute Royaltie is such an act of murther as if a shepherd would keep a Woolf in the fold with the sheep he were guilty of the losse of these sheep Now an act of destroying cannot be an act of judging far lesse of a supreme Iudge but of a supreme Murtherer 7. Whereas he is called Absolute Prince and Supreme Judge in all Causes Ecclesiasticall and Civill It is to be considered 1. That the Estates professe in these acts not to give any new Prerogative but onely to continue the old power and that onely with that amplitude and freedom which the King and his Predecessors did enjoy and exerce of before the extent whereof is best known from the Acts of Parliament Histories of the time and the Oaths of the Kings of Scotland 2. That he is called Absolute Prince not in any relation of freedom from Law or Prerogative above Law whereunto as unto the norma regula ac mensura potestatis suae ac subjectionis meae He is tyed by the Fundamentall Law and his own Oath but in opposition to all forraign Iurisdiction or principalitie above him as is evident by the Oath of Supremacie set down for acknowledging of his power in the first Act of Parliament 21. K. Iam. 6. 3. They are but the same expressions giving onely the same power before acknowledged in the 129. Act. Parl. 8. K. Iam. 6. And that onely over Persons or Estates considered Separatim and over Causes but neither at all over the Laws nor over the Estates taken Conjunctim and as convened in Parliament as is clear both by the two immediately subsequent Acts of that Parliament 8. K. Iam. 6. Establishing the Authority of Parliaments equally with the Kings and discharging all Iurisdictions alâ—eit granted by the King without their Warrant as also by the Narrative Depositive words and certification of the Act it self otherwayes the Estates convened in Parliament might by vertue of that Act be summoned before and censured by the Kings Majestie or His Councell a Iudicatory substitute be subordinate to and censurable by themselves which were contrary to sense and reason 4. The very termes of Supreme Iudge and in all Causes according to the nature of Correlates presupposeth Courts and judiciall Proceedings and Laws as the ground work and rule of all not a freedom from them 5. The sixth Act of the twenty Parliament K. Iac. 6. Cleerly interpreteth what is meant by the Kings Iurisdiction in all Spirituall and Ecclesiastick Causes to wit to be onely in the Consistoriall Causes of Matrimony Testaments Bastardy Adulteries abusively called Spirituall Causes because handled in Commissary Courts wherin the King appoints the Commissary his Deputies and makes the Lords of the Session his great Consistory in all Ecclesiasticall Causes with reservation of his Supremacy and Prerogative therein 7. Supreame Iudge in all causes cannot be taken Quoad actus elicitos as if the King were to judge between two Sea-men or two Husband-men or two Trades-men in that which is proper to their Art or between two Painters certainly the King is not to Iudge which of the two draweth the fairest Picture but which of the two wasteth most gold on his Picture and so doth interest most of the Common-wealth So the King cannot judge in all Ecclesiasticall Causes that is he cannot Quoad actos elicitos prescribe this Worship for example the Masse not the Sacrament of the Lords Supper Therefore the King hath but Actus imperatos some Royall Politicall Acts about the Worship of God to command God to be Worshipped according to his Word to punish the superstitions or neglectors of Divine Worship therefore cannot the King be sole Iudge in matters that belong to the Colledge of Iudges by the Lawes of Scotland the Lords of Session onely may judge these maters K. Iames 1. Parl. 2. Act. 45. K. Iames 3. Par. 8. Act 62. K. Iames 3. Par. 4. Act. 105. K. I. 1. Parl. 6. Act. 83. K. I. 1. Par. 6 Act. 86. K. I. 5. Par. 7. Act. 104. and that only according to Law without any remedy of appellation to King or the Parliament Act 62 and 63. Par. 14. K. I. 2. And the King is by Act of Parliament inhibited to send any private letter to stay the Acts of Iustice or if any such letter be procured the Iudges are not to acknowledge it as the Kings Will for they are to proceed unpartially according to Iustice and are to make the Law which is the King and Parliaments publick revealed will their rule King I. 5. Parl. 5. Act. 68. K. Ia. 6. Part. 8. Act. 139. and K. I. 6. Par. 6. Act. 92. most lawfull Nor may the Lords suspend the course of Iustice or the sentence or execution of Decrees upon the Kings private letter King I. 6. Parl. 11. Act 79. and K. Iam. 6. Par. 11. Act 47. and so if the Kings Will or desire as he is a man be opposite to his Law and his Will as King it is not to
LEX REX The Law and the Prince A Dispute for the just PREROGATIVE of KING and PEOPLE Containing the Reasons and Causes of the most necessary Defensive Wars of the Kingdom of SCOTLAND and of their Expedition for the ayd and help of their dear Brethren of ENGLAND In which their Innocency is asserted and a full ANSWER is given to a Seditious Pamphlet Intituled Sacro-sancta Regum Majestas or The Sacred and Royall Prerogative of Christian Kings Under the Name of J. A. But penned by Jo Maxwell the Excommunicate P. Prelat With a Scripturall Confutation of the ruinous Grounds of W. Barclay H. Grotius H. Arnisaeus Ant. de Domi. P. Bishop of Spalato and of other late Anti-Magistratical Royalists as The Author of Ossorianum D. Fern E. Symmons the Doctors of Aberdeen c. In XLIV QUESTIONS Published by Authority 1 SAM 12.25 But if you shall still do wickedly ye shall be consumed both ye and your King London Printed for Iohn Field and are to be sold at his house upon Addle-hill neer Baynards-Castle Octob. 7. 1644. The PREFACE WHo doubteth Christian Reader but innocencie must be under the courtesie and mercy of malice and that it is a reall martyrdome to be brought under the lawlesse Inquisition of the bloody tongue Christ the Prophets and Apostles of our Lord went to Heaven with the note of Traytors Seditious men and such as turned the world upside down calumnies of treason to Caesar were an ingredient in Christs cup and therefore the author is the more willing to drink of that cup that touched his lip who is our glorious forerunner what if conscience toward God and credit with men cannot both go to heaven with the Saints the author is satisfied with the former companion and is willing to dismisse the other Truth to Christ cannot be treason to Caesar and for his choise he judgeth truth to have a nearer relation to Christ Jesus then the transcendent and boundlesse power of a mortall Prince He considered that Popery and defection had made a large step in Britain and that Arbitrary Government had over-swelled all banks of Law that it was now at the highest float and that this sea approaching the farthest border of fancied absolutenes was at the score of ebbing and the naked truth is Prelats a wild and pushing cattle to the lambs and flock of Christ had made a hideous noyse the wheeles of their chariot did run an equall pace with the blood-thirsty mind of the Daughter of Babell Prelacie the daughter planted in her mothers blood must verifie that word As is the mother so is the daughter why but do not the Prelates now suffer True but their suffrings are not of blood or kindred to the calamities of these of whom Lactantius saith l. 5. c. 19. O quam honesta volunt ate miseri erant The causes of their suffring are 1. Hope of gain and glory stirring their Helme to a shoare they much affect even to a Church of Gold of Purple yet really of clay and earth 2. The lye is more active upon the spirits of men not because of its own weaknesse but because men are more passive in receiving the impressions of error then truth and opinions lying in the worlds fat wombe are of a conquering nature what ever notions side with the world to Prelates and men of their make are very efficacious There is another cause of the sicknesse of our time God plagued Heresie to beget Atheisme and security as Atheisme and security had begotten Heresie even as clouds through reciprocation of causes engender rain rain begate vapours vapours clouds and clouds rain so do sins overspread our sad times in a circular generation And now judgement presseth the kingdoms and of all the heaviest judgements the sword and of swords the civill sword threatneth vastation yet not I hope like the Roman civill sword of which it was said Bella geri placuit nullos habitura triumphos I hope this war shal be Christs Triumph Babylons ruine That which moved the author was not as my excommunicate adversary like a Thraso saith the escapes of some pens which necessitated him to write for many before me hath learnedly trodden in this path but that I might adde a new testimony to the times I have not time to examine the P. Prelates Preface only I give a tast of his gall in this preface and of a virulent peece of his agnosco stylum et genium Thrasonis In which he laboureth to prove how inconsistent presbyteriall government is with Monarchy or any other government 1 He denyeth that the Crown and Scepter is under any coactive power of Pope or Presbiterie or censurable or dethroneable to which we say Presbyteries professe that Kings are under the coactive power of Christs keyes of discipline and that Prophets and Pastors as Ambassadors of Christ have the keyes of the kingdom of God to open and let in beleeving Princes and also to shut them out if they rebel against Christ the law of Christ excepteth none Mat. 16.19 Mat. 18.15 16. 2 Cor. 10.6 Jer. 1.9.18 if the Kings sins may be remitted in a ministeriall way as Joh. 20.23 24. as Prelates and their Priests absolve Kings we think they may be bound by the hand that loosed Presbyteries never dethroned Kings never usurped that power Your father P. Prelate hath dethroned many Kings I mean the Pope whose power by your own confession cap. 5. pag. 58. differeth from yours by divine right only in extent 2 When sacred Hierarchy the order instituted by Christ is overthrown what is the condition of Soveraignty Ans. Surer then before when Prelates deposed Kings 2. I fear Christ shall never own this order 3 The Mitre cannot suffer and the Diadem be secured Ans. Have Kings no pillars to their thrones but Antichristian Prelates Prelates have trampled Diadem and Scepter under their feet as histories teach us 4 Doe they not Puritans magisterially determine that Kings are not of Gods creation by Authoritative Commission but only by permission extorted by importunity and way given that they may be a scourge to a sinfull people Ans. Any unclean spirit from Hell could not speak a blacker lye we hold that the King by office is the Churches nurse father a sacred Ordinance the deputed power of God but by P. P. his way all inferior Judges and Gods Deputies on earth who are also our fathers in the fifth Commandements stile are to be obeyed by no Divine law the King misled by P. Prelates shall forbid to obey them who is in right-down truth a mortall civill Pope may loose and liberate subjects from the tye of a Divine law 5 His inveying against ruling Elders and the rooting out of Antichristian Prelacie without any word of Scripture on the contrary I passe as the extravagancy of a male-content because he is deservedly excommunicated for Perjury Popery Socinianisme Tyranny over mens conscience and invading places of civill dignity and deserting his calling and the camp of
of injuries 21. It is false that Presbyteries usurp both swords because they censure sins which the civill Magistrate should censure and punish Elias might be said then to mix himselfe with the civill businesse of the Kingdom because he prophecied against Idolators killing of the Lords Prophets which crime the civill Magistrate was to punish But the truth is the Assembly of Glasgow 1637. condemned the Prelates because they being Pastors would be also Lords of Parliament of Session of Secret Counsell of Exchequer Judges Barons and in their lawlesse High Commission would Fine Imprison and use the sword 22. It is his ignorance that he saith A provinciall synod is an associate body chosen out of all judiciall Presbyteries for all Pastors and Doctors without delegation by vertue of their place and office repaire to the Provinciall Synods and without any choice at all consult and voice there 23. It is a lye That some Leading men rule all here indeed Episcopall men made factions to rent the Synods and though men abuse their power to factions this cannot prove that Presbyteries are inconsistent with Monarchie for then the Prelate the Monarch of his Diocesian rout should be Anti-Monarchiall in a higher manner for he ruleth all at his will 24. The prime men as Mr. R. Bruce the faithfull servant of Christ was honoured and attended by all because of his Suffering Zeal Holinesse his fruitfull Ministery in gaining many thousand souls to Christ So though King James cast him off and did swear By Gods name he intended to be King the Prelate maketh Blasphemy a vertue in the King yet King James sware he could not find an honest Minister in Scotland to be a Bishop and therefore he was necessitated to promote false knaves but he said sometimes and wrote it under his hand that Mr. R. Bruce was worthy of the half of his kingdom but will this prove Presbyteries inconsistent with Monarchies I should rather think that Knave Bishops by King James his judgement were inconsistent with Monarchies 25. His lyes of Mr. R. Bruce excerpted out of the lying Manuscript of Apostat Spotswood in that he would not but preach against the Kings recalling from exile some Bloody Popish Lords to undo all are nothing comparable to the Incests Adulteries Blasphemies Perjuries Sabbath-breaches Drunkennesse Prophanity c. committed by Prelates before the Sun 26. Our Generall Assembly is no other then Christs Court Act. 15. made up of Pastors Doctors and Brethren or Elders 27. They ought to have no negative vote to impede the conclusions of Christ in his servants 28. It is a lye that the King hath no power to appoint time anâ— place for the Generall Assembly but his power is not privative to destroy the free Courts of Christ but accumulative to ayd and assist them 29. It is a lye That our generall Assembly may repeal Laws command and expect performance of the King or then excommunicate subject to them force compell King Judges and all to submit to them They may not force the conscience of the poorest begger nor is any Assembly infallible nor can it lay bounds upon souls of Iudges which they are to obey with blind obedience their power is ministeriall subordinate to Christs Law and what civill Laws Parliaments make against Gods word they may Authoritatively declare them to be unlawfull as though the Emperour Act. 15. had commanded Fornication and eating of blood might not the Assembly forbid these in the Synod I conceive the Prelates if they had power would repeal the Act of Parliament made An. 1641. in Scotland by his Majestie personally present and the three Estates concerning the anulling of these Acts of Parliament and Laws which established Bishops in Scotland Eâ—g Bishops set themselves as independent Monarchs above Kings and Laws and what they damne in Presbyteries and Assemblies that they practise themselves 30. Commissioners from Burroughs and Two from Edinbrough because of the largenesse of that Church not for Cathedrall supereminence sit in Assemblies not as sent from Burroughs but as sent and Authorized by the Church Session of the Burrough and so they sit there in a Church capacity 31. Doctors both in Accademies and in Parishes we desire and our Book of Discipline holdeth forth such 32. They hold I beleeve with warrant of Gods word if the King refuse to reform Religion the inferior Iudges and Assembly of Godly Pastors and other Church Officers may reform if the King will not kisse the Sun and do his duty in purging the House of the Lord may not Eliah and the people do their duty and cast out Baals Priests Reformation of Religion is a personall act that belongeth to all even to any one private person according to his place 33. They may swear a Covenant without the King if he refuse and Build the Lords House 2 Chron. 15.9 themselves and relieve and defend one another when they are oppressed For my acts and duties of defending my self and the oppressed do not tye my conscience conditionally so the King consent but absolutely as all duties of the Law of nature doe Jer. 22.3 Prov. 24.11 Esa. 58.6 Esa. 1.17 34. The P. P. condemneth our Reformation because it was done against the will of our Popish Queen This sheweth what estimation he hath of Popery and how he abhorreth Protestant Religion 35. They deposed the Queen for Her Tyranny but Crowned her Son all this is vindicated in the following Treatise 36. The killing of the monstrous and prodigious wicked Cardinall in the Castle of St. Andrews and the violence done to the Prelates who against all Law of God and man obtruded a Masse service upon their own private motion in Edinbrough An. 1637. can conclude nothing against Presbyteriall Government except our Doctrine commend these acts as lawfull 37. What was preached by the servant of Christ whom p. 46. he calleth the Scottish Pope is Printed and the P. P. durst not could not cite any thing thereof as Popish or unsound he knoweth that the man whom he so slandereth knocked down the Pope and the Prelates 38. The making away the fat Abbacies and Bishopricks is a bloody Heresie to the earthly minded Prelate the Confession of Faith commended by all the Protestant Churches as a strong bar against Popery and the book of Discipline in which the servants of God laboured twenty yeares with fasting and praying and frequent advice and counsell from the whole Reformed Churches are to the P. P. a negative faith and devote imaginations it s a lye that Episcopacie by both sides was ever agreed on by Law in Scotland 39. And was it a heresie that M. Melvin taught that Presbyter and Bishop are one function in Scripture and that Abbots and Priors were not in Gods book dic ubi legis and is this a proof of inconsistency of Presbyteries with a Monarchie 40 It is a heresie to the P. P. that the Church appoynt a Fast when King James appoynted an unseasonable
Prelate conclude that neither constitution nor designation of Kings is from the people Negatur P. 38 39. The excellency of Kings maketh them not of Gods onely Constitution and Designation Ibid. How Soveraigntie is in the people how not P. 43. A Communitie doth not surrender their right and libertie to their Rulers so much as their power active to do and passive to suffer violence P. 44 45. Gods loosing of the bonds of Kings by the mediation of the peoples despising him proveth against the P. P. That the Lord taketh away and giveth Royall Majestie mediately not immediately P. 45 46. The subordination of people to Kings and Rulers both naturall and voluntary the subordination of beasts and creatures to man meerly naturall P. 46 47. The place Gen. 9.5 He that shedeth man's blood c. discussed P. 47 48. QUEST VIII Whether or no the P. Prelate proveth by force of reason That the people cannot be capable of any power of Goverment Negatur pag. 49 50. In any communitie there is an active and passive power to Government P. 50. Popular Government is not that wherein all the whole people are Governours P. 53 54. People by nature are equally indifferent to all the three Governments and are under not any one by nature P. 53. The P. Prelate denyeth the Pope his father to be the Antichrist Ibid. The bad successe of Kings chosen by people proveth nothing against us because Kings chosen by God had bad successe through their own wickednesse P. 54 55. The P. Prelate condemneth King Charls his ratifying Parl. 2. An. 1641. The whole proceedings of Scotland in this present Reformation P. 56. That there be any supreme Judges is an eminent act of divine providence which hindereth not but that the King is made by the people P. 57. The people not patients in making a King as is water in the Sacrament of Baptisme in the Act of production of grace P. 58. QUEST IX Whether or no Soveraigntie is so in and from the people that they may resume their power in time of extreme necessity Negatur pag. 58. How the people is the subject of Soveraignty Ibid. No Tyrannicall power is from God P. 59. People cannot alienate the naturall power of self-defence Ibid. The power of Parliaments P. 60. The Parliament hath more power then the King Ibid. Judges and Kings differ P. 61. People may resume their power not because they are infallible but because they cannot so readily destroy themselves as one man may do P. 63. That the Sanâ—drim punished not David Bathsheba Joab is but a fact not a law P. 63 64. There is a subordination of Creatures naturall Government must be naturall and yet this or that form is voluntary P. 65 66 67. QUEST X. Whether or not Royall birth be equivalent to Divine Unction Negatur pag. 68. Impugned by eight Arguments Ibid. Royalty not transmitted from father to sonne ibid. A family may be chosen to a Crown as a single person is chosen but the tye is conditionall in both pag. 68.69 The Throne by speciall promise made to David and his seed by God Psal. 89. no ground to make birth In foro Dei a just title to the crowne pag. 69 70. A Title by conquest to a Throne must be unlawfull if birth be Gods lawfull title pag. 70. Royalists who held conquâ—st to be a just title to the Crown teach manifest treason against King Charles and his Royall Heires ibid. Only Bona fortunae not honour or Royalty properly transmittable from father to sonne pag. 71. Violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull King pag. 72. Naked birth is inferiour to that very divine unction that made no man a King without the peoples election pag. 73. If a Kingdome were by birth the King might sell it pag. 74. The Crown is the Patrimony of the Kingdome not of him who is King or of his father pag. 72 73 76. Birth a typicall designement to the Crowne in Israel pag. 74. The choise of a family to the Crowne resolveth upon the free election of the people as on the fountaine-cause pag. 76. Election of a family to the Crown lawfull pag. 77. QUEST XI Whether or no he be more principally a King who is a King by birth or he who is a King by the free election of the people Affir posterius pag. 79. The Elective King commeth nearer to the first King Deut. 17. pag. 80. If the people may limit the King they give him the power ibid. A Community have not power formally to punish themselves pag. 81. The Hereditary and the elective Prince in divers considerations better or worse each one then another pag. 82. QUEST XII Whether or no a Kingdome may lawfully be purchased by the sole Title of Conquest Negatur pag. 82. 7. Argu. for the negaâ— a twofold right of conquest ibid. Conquest turned in an after-consent of the people becommeth a just title pag. 83. Conquest not a signification to us of Gods approving will pag. 84. Meere violent domineering contrary to the acts of governing ibid. Violence hath nothing in it of a King ibid. A bloody Conquerour not a blessing per se as a King is pag. 85. Strength as prevailing is not Law or reason pag. 86 Fathers cannot dispone of the liberty of posterity not borne ibid. A father as a father hath not power of life and death pag. 87. Israels and Davids Conquests of the Canaanites Edomites Ammonites not lawfull because conquest but upon a Divine title of Gods promise pag. 88.89 QUEST XIII Whether or no Royall Dignity have its spring from Nature and how that is true every man is borne free and how servitude is contrary to nature Affir 89. Seven sorts of superiority and inferiority pag. 89 90. Power of life and death from a positive Law ibid. A Dominion antecedent and consequent 90. Kings and subjects no naturall order ibid. A man is borne consequenter in politick relation pag. 91. Slavery not naturall from four reasons ibid. Every man borne free in regard of civill subjection not in regard of naturall such as of children and wife to Parents and Husband proved by seven Arguments pag. 91 92 93. Politique Government how necessary how naturall pag. 94. That Parents should inslave their children not naturall pag. 95. QUEST XIV Whether or no the people make a Person their King conditionally or absolutely and whether the King be tyed by any such covenant pag. 96. The King under a naturall but no civill obligation to the people as Royalists teach ibid. The Covenant civilly tyeth the King proved by Scriptures and reasons by 8. Argu. ibid. sequent Jf the condition without which one of the parties would never have entered in Covenant be not performed that party is loosed from the Covenant pag. 97. The people and Princes are obliged in their places for Iustice and Religion no lesse then the King pag. 98. In so farre as the King presseth
a false Religion on the people eatenus in so farre they are understood not to have a King pag. 99. The Covenant giveth a mutuall coactive power to King and people to compell each other though there be not one in earth higher then both to compell each of them pag. 100. The Covenant bindeth the King as King not as he is a man onely pag. 101. One or two Tyrannous acts deprive not the King of his Royall right pag. 104. Though there were no positive written Covenant which yet we grant not yet there is a naturall tacit implicit Covenant tying the King by the nature of his Office pag. 106 If the King be made King absolutely it is contrary to Scripture and the nature of his Office pag. 107. The people given to the King as a pledge not as if they became his owne to dispose of at his absolute will pag. 108. The King could not buy sell borrow if no Covenant should tye him to men ibid. The Covenant sworne by Iudah 2 Chro. 15. tyed the King pag. 109. QUEST XV. Whether the King be univocally or only Analogically and by proportion a father pag. 111 Adam not King of the whole earth because a father ibid. The King a Father Metaphorically and improperly proved by eight Arguments ibid. sequent QUEST XVI Whether or no a despoticall or masterly dominion agree to the King because he is King Negatur pag. 116 The King hath no masterly dominion over the Subjects as if they were his servants Proved by 4. Arguments pag. 116. The King not over men as reasonable creatures to domineere pag. 117. The King cannot give away his Kingdome or his people as if they were his proper goods ibid. A violent surrender of liberty tyeth not pag. 119 A surrender of ignorance is in so farre unvoluntary as it oblige not ibid. The goods of the subjects not the Kings proved by 8. Argu. pag. 120. All the goods of the subjects are the Kings in a four-fold sence· pag. 121· QVEST. XVII Whether or no the Prince have properly the fiduciary or ministeriall power of a Tutor Husband Patron Minister Head Master of a Family not of a lord or dominator Affirmed p. 124. The King a Tutor rather then a Father as these are distinguished ibid. A free Communitie not properly and in all respects a minor and pupill p. 125. The Kings power not properly maritall and husbandly ibid. The King a Patron and Servant pag. 126. The Royall power only from God Immediatione simplicis constitutionis solum solitudine causae primae but not Immediatione applicationis dignitatis ad personam pag. 126. The King the Servant of the people both objectively and subjectively pag. 127. The Lord and the people by one and the same act according to the Physicall relation maketh the King ibid. The King head of the people Metaphorically only not essentially not univocally by 6. Argu. pag. 128. His power fiduciary only pag. 129. QVEST. XVIII What is the Law or manner of the King 1 Sam. 8 9 11. the place discussed fully pag. 130. The Power and the Office badly differenced by Barclay pag. 130. What is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the manner of the King by the harmony of Interpretors ancient and moderne Protestants and Papists pag. 131 132 133. Crying out 1 Sam. 8. not necessarily a remedy of tyranny nor a praying with faith and patience pag. 135 136. Resisting of Kings that are tyrannous and patience not inconsistent ibid. The Law of the King not a permissive Law as was the Law of Devorcement pag. 136 137. The Law of the King 1 Sam. 12.23 24. not a Law of tyranny pag. 138 139. QVEST. XIX Whether or no the King be in Dignity and Power above the people Neg. Impugned by 10. Argu. p. 139. In what consideration the King is above the people and the people above the King pag. 139 140. A meane as a meane inferiour to the end how its true ibid. The King inferiour to the people ibid. The Church because the Church is of more excellency then the King because King pag. 140 141. The people being those to whom the King is given worthier then the gift pag. 141. And the people immortall the King mortall pag. 142. The King a meane only not both the efficient or Author of the Kingdome and a meane Two necessary distinctions of a meane pag. 143 If sin had never been there should have been no King pag. 142. The King is to give his life for his people ibid. The consistent cause more excellent then the effect pag. 143 144 145. The people then the King pag. 144 145. Vnpossible people can limit Royall Power but they must give Royall Power also ibid. The people have an action in making a King proved by foure Arguments ibid. Though it were granted that God immediately made Kings yet it is no consequent God only and not the people can unmake him pag. 146. The people appointing a King over themselves retaine the Fountaine-power of making a King pag. 147 148 149. The meane inferiour to the end and the King as King is a meane pag. 149 150 153. The King as a meane and also as a man inferiour to the people pag. 150. To sweare non-selfe-preservation and to sweare selfe-murther all one pag. 151. The people cannot make away their power 1. Their whole power nor 2. irrevocably to the King pag. 152. The people may resume the power they give to the Commissioners of Parliament when it is abused p. 152 The Tables in Scotland lawfull when the ordinary judicaturies are corrupt p. 153. Quod efficit tale id ipsum magis tale discussed the fountain-power in the people the derived onely in the King p. 153 154 155. The King is a fiduciary a life-renter not a lord or heritor p. 155 156. How soveraigntie is in the people p. 156 157. Power of life and death how in a Community ibid. A Communitie voide of Rulers is yet and may be a politike body p. 157. Iudges gods Analogically p. 158. QUEST XX. Whether Inferiour Judges be essentially the immediate Vicegerents of God as Kings not differing in essence and nature from Kings Affirmatur Proved by twelve Arguments pag. 159. Inferiour Iudges the immediate Vicars of God no lesse then the King ibid. The consciences of inferiour Iudges immediately subordinate to God not to the King either mediately 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
three Kingdoms of England Scotland and Ireland p. 446 447 448. The Parliament of Scotland doth regulate limit and set bounds to the Kings power p. 448 449 Fergus the first King not a Conquerour p. 449. The King of Scotland below Parliaments considerable by them hath no negative voice p. 450 451 seq QUEST XLIV Generall results of the former doctrine in some few Corrolaries in 22 Questions p. 454 455. Concerning Monarchy compared with other forms p. 454. How Royaltie is an issue of nature p. 454 455. And how Magistrates as Magistrates be naturall p. 455. How absolutenesse is not a Ray of Gods Majestie ibid. And resistance not unlawfull because Christ and his Apostles used it not in some cases p. 456 457. Coronation is no ceremony p. 457. Men may limit the power that they gave not p. 457 458. The Common-wealth not a pupill or minor properly p. 459. Subjects not more obnoxious to a King then Clients Vassals Children to their Superiours p. 459 460. If subjection passive be naturall p. 461. Whether King Uzziah was dethroned p. 461 462. Idiots and children not compleat Kings children are Kings in destination onely p. 462. Deniall of passive subjection in things unlawfull not dishonourable to the King more then deniall of active obedience in the same things p. 463. The King may not make away or sell any part of his Dominions p. 463 464. People may in some cases conveen without the King p. 464. How and in what meaning subjects are to pay the Kings debts p. 465. Subsidies the Kingdoms due rather then the Kings p. 465 466. How the Seas Ports Forts Castles Militia Magazeen are the Kings and how they are the Kingdoms p. 466. Lex Rex QUEST I. In what sense Government is from God I Reduce all that I am to speak of the power of Kings to the Author or efficient 2. The matter or subject 3. The form or power 4. The end and fruit of their Government And 5. to some cases of resistance Hence Quest. I. Whether Government be warranted by a divine Law The question is either of Government in generall or of the particular species of Government such as are Government by one only called Monarchy the Government by some chief leading men named Aristocracie the Government by the people going under the name of Democracie 2. We cannot but put difference betwixt the institution of the Office to wit Government and the designation of person or persons to the Office 3. What is warranted by the direction of natures light is warranted by the Law of nature and consequently by a divine Law for who can deny the Law of nature to be a divine Law That power of Government in generall must be from God I make good 1. Because Rom. 13. 1. there is no power but of God the powers that be are ordained of God 2. God commandeth obedience and so subjection of conscience to powers Rom. 13.5 Wherefore we must be subject not onely for wrath or civill punishment but for conscience sake 1 Pet. 2.13 Submit your selves to every ordinance of man for the Lords sake whether it be to the King as Supreme c. Now God onely by a divine Law can lay a band of subjection on the conscience tying men to guilt and punishment if they transgrâ—sse 2. Conclus All civill power is immediately from God in its root In that 1. God hath made man a sociall creature and one who inclineth to be governed by man then certainly he must have put this power in mans nature so are we by good reason taught by Aristotle 2. God and nature intendeth the policie and peace of mankinde then must God and nature have given to mankinde a power to compasse this end and this must be a power of Government I see not then why John Prelate Master Maxwel the excommunicate P. of Rosse who speakâ—th in the name of I. Armagh had reason to say That he feared that we fancied that the Government of Superiours was onely for the more perfit but have no Authoritie over or above the perfit Nâ—c Rex nec Lex justo posita He might have imputed this to the Brasilians who teach That every single man hath the power of the sword to revenge his own injuries as Molina saith QUEST II. Whether or not Government be warranted by the Law of nature AS domestick societie is by natures instinct so is civill societie naturall in radice in the root and voluntary in modo in the manner of coalescing Politick power of Government agreeth not to man singly as one man except in that root of reasonable nature but supposing that men be combined in societies or that one family cannot contain a societie it is naturall that they joyn in a civill societie though the manner of Union in a politick body as Bodine saith be voluntary Gen. 10.10 Gen. 15.7 and Suarez saith That a power of making Laws is given by God as a property flowing from nature Qui dat formam dat consequâ—ntia ad formam Not by any speciall action or grant different from creation nor will he have it to result from nature while men be united into one politick body which Union being made that power followeth without any new action of the will We are to distinguish betwixt a power of Government and a power of Government by Magistracy That we defend our selves from violence by violence is a consequent of unbroken and sin-lesse nature but that we defend our selves by devolving our power over in the hands of one or more Rulers seemeth rather positively morall then naturall except that it is naturall for the childe to expect help against violence from his father For which cause I judge that learned Senator Ferdinandus Vasquius said well That Princedom Empire Kingdom or Iurisdiction hath its rise from a positive and secundary law of Nations and not from the law of pure Nature The Law saith there is no law of Nature agreeing to all living creatures for superiority for by no reason in Nature hath a Boar dominion over a Boar a Lyon over a Lyon a Dragon over a Dragon a Bull over a Bull And if all Men be born equally free as I hope to prove there is no reason in Nature why one Man should be King and Lord over another therefore while I be otherwise taught by the forecasten Prelate Maxwell I conceive all jurisdiction of Man over Man to be as it were Artificiall and Positive and that it inferreth some servitude whereof Nature from the womb hath freed us if you except that subjection of children to parents and the wife to the husband and the Law saith De jure gentium secundarius est omnis principatus 2. This also the Scripture proveth while as the exalting of Saul or David above their Brethren to be Kings and Captains of the Lords people is ascribed not to Nature for King and Beggar spring of one clay-mettall but to
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 wife 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 kept inviolable 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 is 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 â—ut-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 disposed of by the composed contracts of men but by the immediate hand and worke of God Hos. 13.11 I gave them a King in my anger I tooke him away in my wrath Iob He places Kings in the throne c. Ans. Here is a whole Chapter of seven pages for one raw argument ten times before repeated 1. to Exod. 9.7 I have raised up Pharaoh Paul expoundeth it Rom. 9 to prove that King Pharaoh was a vessell of wrath fitted for destruction by Gods absolute Will and the Prelate following Arminius with treasonable charity applyeth this to our King Can this man pray for the King 2. Elisha anoynted but constituted not Hazael King and foretold he should be King and if he be a King of Gods making who slew his sicke Prince and invaded the Throne by innocent bloud judge you I would not take Kings of the Prelates making 3. If God give to Nebuchadnezer the same still of the servant of God given to David Ps. 18.1 116.16 and to Moses Ios. 1 2.
paraphrase applyeth it to the reigne of King Messiah Diodatus he speaketh of the kingdome of Christ. Ainsworth maketh this crowne a signe of Christs victorie Athanasius Eusebius Origen Augustine Dydimus expound it of Christ and his kingdome The Prelate extendeth it to all Kings as the blasphemous Rabbines especially Ra. Salomon deny that he speaketh of Christ here but what more reason is there to expound this of the crownes of all Kings given by God I deny not to Nero Julian c. then to expound the foregoing and following verses as applyed to all Kings Did Julian rejoyce in Gods salvation did God grant Nero his hearts desire did God grant as it is v. 4. life eternall to Heathen Kings as Kings which words all Interpreters expound of the eternitie of Davids throne till Christ come and of victorie and life eternall purchased by Christ as Ainsworth with good reason expounds it And what though God give David a Crown ergo not by second causes and by bowing all Israels heart to come in sinceritie to Hebron to make David King 1 King 12.38 God gave corne and wine to Israel Hos. 2. shall the Prelate and the Anabaptist inferre Ergo he giveth it not by plowing sowing and the art of the husbahd-man 3. The Heathen acknowledged a Divinitie in Kings but he is blind who readeth them and seeth not in their writings that they teach that the people maketh Kings 4. God girt David with strength while he was a private man and persecuted by Saul and fought with Goliah as the title of the same beareth and he made him a valiant man of warre to breake bowes of steele ergo he giveth the sword to Kings as Kings and they receive no sword from the people This is poore Logick 5. The P. Prelate sendeth us Judg. 7.17 to the singular and extraordinarie power of God with Gideon and I say that same power behoved to be in Oreb and Zeba v. 27. for they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princes and such as the Prelate from Pro. 8.15 saith have no royall power from the people 6. Moses and Aaron their two rods were miraculous This will prove that Priests are also Gods and their persons srcred I see not except the Prelate would be at woâ—shâ—pping of Reliques what more royall Divinitie is in Moses his rod because he wrought miracles by his rod then there is in Elias his staffe in Peters napkin in Pauls shadow This is like the strong symbolicall Theologie of his fathers the Jesuites which is not argumentative except he say that Moses as King of Jesurum wrought miracles and why should not Nero Caligula Pharoah and all Kings rods then dry up the red sea and work miracles 7. We give all the stiles to Kings that the Fathers gave and yet we thinke not when David commandeth to kill Vriah and a King commandeth to murther his innocent subjects in England and Scotland that that is Divalis jussio the command of a God and that this is a good consequence What ever the King commandeth though it were to kill his loyallest Subjects is the commandement of God Ergo the King is not made King by the people 8. Ergo saith he these new Statists disgrace the King If a most New Statist sprung out of a poore pursevant of Kraill from the dunghill to the Court could have made himselfe an old Statist and more expert in state affaires then all the Nobles and soundest Lawyers in Scotland and England this might have more weight 9. Therefore the King saith P. P. is not the extract of the basest of rationall creatures He meaneth fex populi his owne house and linage but God calleth them his owne people a royall Priesthood a chosen generation and ps 78.71 will warrant us to say the people is much worthier before God then one man seeing God choose David for Iacob his people and Israel his inheritance that he might feede them Iohn P. P. his fathers suffrage in making a King will never be sought We make not the multitude but the three Estates including the Nobles and Gentry to be as rationall creatures as any Apostate Prelate in the three Kingdomes QUEST VII Whether or no the P. Prelate the aforesaid Author doth by force of reason evince that neither constitution nor designation of the King is from the people THe P. Prelate aymeth but it is an empty ayme to prove that the people are wholly excluded I answer only Arguments not pitched on before as the Prelate saith P. Prelate 1. To whom can it be more proper to give the rule over men then to him who is the onely King truely and properly of the whole world 2. God is the immediate Author of all rule and power that is amongst all his creatures above or below 3. Man before the fall received dominion and empire over all the creatures below immediatly as Gen. 1.28 Gen. 9.2 ergo we cannot deny that the most noble government to wit Monarchy must be immediatly from God without any Contract or compact of men Ans. The first reason concludeth not what is in question for God only giveth rule and power to one man over another ergo he giveth it immediatly it followeth not 2. It shall as well prove that God doth immediatly constitute all Iudges and therefore it shall be unlawfull for a city to appoint a Major or a shire a Iustice of peace 3. The second argument is inconsequent also because God in creation is the immediat Author of all things and therefore without consent of the creatures or any act of the creature created an Angell a nobler creature then man and a man then a woman and men above beasts because those that are not can exercise no act at all But it followeth not ergo all the workes of providence such as is the government of Kingdomes are done immediatly by God for in the workes of providence for the most part in ordinary God worketh by meanes it is then as good a consequence as this God immediatly created man ergo he keepeth his life immediatly also without foode and sleepe God immediatly created the Sunne ergo God immediatly without the mediation of the Sunne giveth light to the world The making of a King is an act of reason and God hath given a man reason to rule himselfe and therefore hath given to a society an instinct of reason to appoint a governour over themselves but no act of reason goeth before man be created ergo it is not in his power whether he be created a creature of greater power then a beast or no. 4. God by creation gave power to a man over the creatures and so immediatly but I hope a man cannot say God by creation hath made a man King over men 5. The Excellency of Monarchy if it be excellenter then any other government of which hereafter is no ground why it should be immediatly from God as well as mans dominion over the creature for then the worke
vulgar c. 3. Every action of Christ is our instruction Christ was truely a born King notwithstanding when the people would make him a King he disclaimed it he would not be an arbiter betwixt two brethren differing Answ. I am not to follow the Prelates order every way though God willing I shall reach him in the fore-going Chapters Nor purpose I to answer his treasonable railing against his own Nation and the Iudges of the Land whom God hath set over this seditious excommunicated Apostate He layeth to us frequently the Iesuites Tenets when as he is known himself to be a Papist In this Argument he saith Abimelech did reigne onely three yeers well neer Anti-Christs reign Is not this the basis and the mother principle of Popery That the Pope is not the Antichrist for the Pope hath continued many ages 1. He is not an individuall man but a race of men but the Antichrist saith Belarmine Stapleton Becanus and the nation of Iesuites and Poplings shall be one inviduall man a born Iew and shall reign onely three yeers and a half But 1. The Argument from successe proveth nothing except the Prelate prove their bad successe to be from this because they were chosen of the people When as Saul chosen of God and most of the Kings of Israel and Judah who undeniably had Gods calling to the Crown were not blessed of God and their Government was a ruine to 〈◊〉 people and Religion as the people were removed to all the Kingdoms of the earth for the sins of Manasseh Iere. 15.4 Was therefore Manasseh not lawfully called to the Crown 2. For his instance of Kings unlawfully called to the Crown he bringeth us whole two and telleth us that he doubteth as many learned men do Whether Ieroboam was a King by permission onely or by a commission from God 3. Abimelech was cursed because he wanted Gods calling to the throne for then Israel had no King but Iudges extraordinarily raised up by God and God did not raise him at all only he came to the throne by blood and carnall reasons moving the men of Sechem to advance him The Argument presupposeth that the whole lawfull calling of a King is the voices of the people This we never taught though the Prelate make conquest a just title to a Crown and it is but a title of blood and rapine 4. Abimelech was not the first King but onely a Iudge all our Divines with the Word of God maketh Saul the first King 5. For Ieroboam he had Gods Word and Promise to be King 1 King 11.34 35 37 38. But in my weak judgement he waited not Gods time and way of coming to the Crown but that his coming to the throne was unlawfull because he came by the peoples election is in question 5. That the peoples Reformation and their making a new King was like the Kingdom of Scotlands Reformation and the Parliament of Englands way now is a traiterous calumny For 1. It condemneth the King who hath in Parliament declared all their proceedings to be legall Rehoboam never declared Ieroboams Coronation to be lawfull but contrary to Gods Word made war against Israel 2. It is false that Israel pretended Religion in that change the cause was the rough answer given to the supplication of the Estates complaining of their oppression they were under in Solomons reign 3. Religion is still subjected to policie by Prelates and Caveliers not by us in Scotland who sought nothing but Reformation of Religion of Laws so far as they serve Religion as our Supplications Declarations and the event proveth 4. We have no new Calves new Altars new Feasts but professe and really do hazard life and estate to put away the Prelates Calves Images Tree-worship Altar-worship Saints Feast-dayes Idolatry Masses and nothing is said here but Jesuites and Cananites and Baalites might say though falsly against the Reformation of Iosiah Trueth and purity of worship this yeer is new in relation to Idolatry the last yeer but it is simpliciter older 5. We have not put away the Lords Priests and Levites and taken in the scum of the vulgar but have put away Baals Priests such as excommunicated Prelate Maxwel and other Apostates and resumed the faithfull servants of God who were deprived and banished for standing to the Protestant Faith sworn too by the Prelates themselves 6. Every action of Christ such as his walking on the Sea is not our instruction in that sense that Christs refusing a Kingdom is directly our instruction And did Christ refuse to be a King because the people would have made him a King that is non causa pro causa he refused it because his Kingdom was not in this world and he came to suffer for men not to reign over man 7. The Prelate and others who were Lords of Session and would be Iudges of mens Inheritances and would usurpe the sword by being Lords of Counsell and Parliament have refused to be instructed by every Action of Christ who would not judge betwixt brother and brother P. Prelate Jephtah came to be a Iudge by Covenant betwixt him and the Gileadites here you have an interposed Act of man yet the Lord himself in authorizing him as Iudge vindicateth it no lesse to himself then when extraordinarily he authorized Gideon and Samuel 1 Sam. 12.11 Ergo whatsoever act of man interveeneth it contributeth nothing to Royall Authority it cannot weaken or repeal it Answ. It was as extraordinary that Jepthah a bastard and the sonne of an harlot should be Iudge as that Gideon should be Iudge God vindicateth to himselfe that he giveth his people favour in the eyes of their enemies but doth it follow that the enemies are not agents and to be commended for their humanitie in favouring the people of God So Psal. 65.9 10. God maketh corne to grow therefore clouds and earth and sun and summer and husbandry contributeth nothing to the growing of corne But this is but that which he said before We grant that this is an eminent and singular act of Gods speciall providence that he moveth and boweth the wills of a great multitude to promote such a man who by nature commeth no more out of the wombe a crowned King then the poorest shepherd in the land and it is an act of grace to endue him with heroick and royall parts for the government But what is all this doth it exclude the peoples consent in no wayes So the works of supernaturall grace as to love Christ above all things to beleeve in Christ in a singular manner are ascribed to the rich grace of God but can the Prelate say that the understanding and will in these acts are meere patients and contribute no more then the people contributeth to Royall authority in the King and that is just nothing by the Prelates way And we utterly deny that as water in baptisme hath no action at all in the working of remission of sinnes so the people
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 flatterers 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 intrudors before the Lords of Session for that act of injustice Is this against Gods Word or Conscience 2. The Sanedrim 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 Ioabs 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 for 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 fervor 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 1. Because Nature hath given to man to be a sociall creature and impossible he can preserve himselfe in a societie except he being in communitie transforme his power to an head 2. He saith Hujus vero civilis societatis resp rector ab alio quam ab ipsamet repub constitui non potest justè absque Tyrannide Siquidem ab ipso Deo constitutus non est nec electus cuilibet civili societati immediatè Rex aut Princeps Arist. polit 3. c. 10. saith It is better that Kings got by election then by birth because Kingdomes by succession are verè regia truly Kingly these by birth are more Tyrannicall masterly and proper to Barbarous Nations And Covarruvias tom 2. pract quest de jurisd Castellan Reip. c. 1. n. 4. saith Hereditary Kings are also made hereditary by the tacit consent of the people and so by law and consuetude Spalato Let us grant saith he that a societie shall refuse to have a Governour over them shall they be for that free in no sort but there be many wayes by which a people may be compelled to admit a governour for then no man might rule over a Communitie against their will But nature hath otherwise disposed ut quod singuli nollent universi vellent that which every one will not have a Communitie naturally desireth And the P. Prelate saith God is no lesse the author of Order then he is the author of Being for the Lord who createth all conserveth all and without
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 â—hence 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 divinâ— by the tie of a divine Law to a Monarchy rather then to another Government The Parisian Doctors prove That the precept of having a Pope is affirmative and so tyeth not the Church ad semper for ever and so the Church is the body of Christ without the Pope and all oaths to things of their nature indifferent and to things the contrary whereof is lawfull and may be expedient and necessary lay on a tie onely conditionally in so far as they conduce to the end If the Gibeonites had risen in Joshuaes dayes to cut off the people of God I think no wise man can think that Joshua and the people were tyed by the oath of God not to cut off the Gibeonites in that case For to preserve them alive as enemies was against the intent of the oath which was to preserve them alive as friends demanding and supplicating peace and submitting The assumption is clear If a Nation seeth that Aristocraticall Government is better then Monarchy hic nunc That the sequels of such a Monarchy is bloody destructive tyrannous that the Monarchy compelleth the free subjects to Turcisme to grosse Idolatry they cannot by the divine bond of any oath captive their naturall freedom which is to choose a Government and Governours for their safetie for a peaceable and godly life or fetter and chain the wisdom of the posterity unalterably to a Government or a Royall Line which hic nunc contrary to the intention of their oath proveth destructive and bloody And in this case even the
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 Conquest 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 Psal. 78. v. 71 72. 1 Tim. 2.2 as it is a judgement of God that Israel is without a King for many dayes Hos. 3.4 and that there is no Iudge 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 change 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 a time have just title to reigne over them and if Absolom had been stronger then David he had then had the just title to be the Lords Anointed and King of Israel not David and so strength actually prevailing should be Gods lawfull call to a Crown But strength as strength victorious is not law nor reason it were then reason that Herod behead John Baptist and the Roman Emperors kill the witnesses of Christ Iesus If Conquest as just be the title and lawfull claime before Gods court to a Crown then certainly a stronger King for pregnant nationall injuries may lawfully subdue and reigne over an innocent posteritie not yet borne But what word of God can 1. warrant a posteritie not borne and so accessarie to no offence against the Conquerour but only sin originall to be under a Conquerour against their will and who hath no right to reigne over them but the bloody sword for so Conquest as Conquest not as just maketh him King over the posterity But 2. the fathers may ingage the posterity by an oath to surrender themselvos as loyall subjects to the man who justly and deservedly made the fathers vassals by the title of the sword of justice I answer the fathers may indeed dispose of the inheritance of their children because that inheritance belongeth to the father as well ar to the sonne but because the liberty of the sonne being borne with the sonne all men being borne free from all Civill subjection the father hath no more power to resigne the libertie of his children then their lives and the
King whom the people maketh King though he were a bloodier and more tyrannous man then Saul Any Tyrant standeth in titulo so long as the People and Estates who made him King have not recalled their grant so as neither David nor any single man though six hundred with him may unking him or detract obedience from him as King So many acts of disloyaltie and breachcs of lawes in the Subjects though they be contrary to this Covenant that the States make with their Prince doth not make them to be no Subjects and the Covenant mutuall standeth thus 3 Arg. If the people as Gods instruments bestow the benefit of a Crown on their King upon condition that he will rule them according to Gods word then is the King made King by the people conditionally but the former is true Ergo so is the latter The assumption is proved thus because to be a King is to be an adopted father tutor a Politick servant and Royall watchman of the State and the Royall honour and Royall maintenance given to him is a reward of his labours and a Kingly hire And this is the Apostles argument Rom. 13.6 For this cause pay you tribute also there is the wages for they are Gods ministers attending continually upon this very thing There is the worke Qui non implet conditionem à se promissam cadit beneficio It is confirmed thus The people either maketh the man their Prince conditionally that he rule according to Law or absolutely so that he rule according to will or lust or 3. without any vocall transactions at all but only brevi manu say Reigne thou over us and God save the King And so there be no conditions spoken on either side Or 4. The King is obliged to God for the condition which he promiseth by oath to performe toward the people but he is to make no reckoning to the people whether he performe his promise or no for the people being inferiour to him and he solo Deo minor only next and immediate to God the people can have no jus no law over him by vertue of any covenant But the first standing we have what we seeke The second is contrary to Scripture He is not Deut. 17.15 16. made absolutely a King to rule according to his will and lust for Reigne thou over us should have this meaning Come thou and play the Tyrant over us and let thy lust and will be a law to us which is against naturall sense nor can the sense and meaning be according to the third That the people without any expresse vocall and positive covenant give a Throne to their King to rule as he pleaseth because 1. it is a vain thing for the Prelate and other Mancipia Aulae Court-bellies to say Scotland and England must produce a written authentick covenant betwixt the first King and their People because say they it s the Lawes word De non apparentibus non existentibus eadem lex that covenant which appeareth not it is not For in positive covenants that is true and in such contracts as are made according to the Civill or Municipall lawes or the secondary law of Nations But the generall covenant of nature is presupposed in making a King where there is no vocall or written covenant if there be no conditions betwixt a Christian King and his people then those things which are just and right according to the law of God and the rule of God in moulding the first King are understood to regulate both King and People as if they had been written and here we produce our written covenant Deut. 17.15 Josh. 1.8 9. 2 Chr. 31 32.1 Because this is as much against the King as the people and more for if the first King cannot bring forth his written and authentick tables to prove that the Crown was given to him and his heires and his successors absolutely and without any conditions so as his will shall be a law cadit causa he loseth his cause say they The King is in possession of the Royall power absolutely without any condition and you must put him from his possession by a law I answer this is most false 1. Though he were in mala fide and in unjust possession the law of Nature will warrant the people to repeal their right and plead for it in a matter which concerneth their heads lives and soules 2. The Parliaments of both Kingdomes standing in possession of a nomothetick power to make lawes proveth cleerely that the King is in no possession of any Royall dignitie conferred absolutely and without any condition upon him and therefore it is the Kings part by law to put the Estates out of possession And so though there were no written covenant the standing law and practice of many hundreth acts of Parliament is equivalent to a written covenant 2. When the people appointeth any to be their King the voyce of Nature exponeth their deed though there be no vocall or written covenant For that fact of making a King is a morall lawfull act warranted by the word of God Deut. 17.15 16. Rom. 13.1.2 and the law of Nature and therefore they having made such a man their King they have given him power to be their father feeder healer protector and so must only have made him King conditionally so he be a father a feeder and tutor Now if this deed of making a King must be exponed to be an investing with an absolute and not a conditionall power this fact shall be contrary to Scripture and to the law of Nature for if they have given him Royall power absolutely and without any condition they must have given to him power to be a father protector tutor and to be a tyrant a murtherer a bloody lyon to waste and destroy the people of God 3. The Law permitteth the bestower of a benefit to interpret his own mind in the bestowing of a benefit even as a King and State must expone their own Commission given to their Ambassadour so must the Estates expone whether they bestowed the Crown upon the first King conditionally or absolutely For the 4th if it stand then must the people give to their first elected King a power to wast and destroy themselves so as they may never controle it but only leave it to God and the King to reckon together but so the condition is a Chimera We give you a Throne upon condition you swear by him who made heaven and earth that you will govern us according to Gods Law and you shall be answerable to God only not to us whether you keep the covenant you make with us or violate it but how a covenant can be made with the people and the King obliged to God not to the people I conceive not 2. This presupposeth that the King as King cannot doe any sin or commit any act of tyranny against the people but against God only because if he be obliged to God only as a
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 sword is given by God to Kings and Iudges and if Adam had had any such power to kill his sonne Cain for the killing of his brother Abel it had been given to him by God as a power politike different from a fatherly power for a fatherly power as such is formally to conserve the life of the childaen and not to take away the life yea and Adam though he had never sinned nor any of his posteritie Adam should have been a perfect father as he is now indued with all fatherly power that any father now hath yea should not God have given the sword or power of punishing ill doers since that power should have been in vaine if there had been no violence nor bloodshed or sinne on the earth for the power of the sword and of lawfull warre is given to men now in the state of sinne 4. Fatherly government and power is from the bosome and marrow of that fountaine law of nature but Royall power is not from the law of nature more then Aristocraticall or Democraticall power D. Ferne saith Monarchie is not jure divino I am not of his mind nor yet from the law of Nature but ductu naturae by the guidance of nature Sure it is from a supervenient commandement of God added to the first law of nature establishing Fatherly power 5. Children having their life and first breathings of nature from their parents must be in a more intire relation from their father then from their Prince Subjects have not their Being naturall but their civill politique and peaceable well-being from their Prince 6. A father is a father by generation and giving the being of nature to children and is a naturall head and root without the free consent and suffrages of his children and is essentially a father to one childe as Adam was to one Cain but a Prince is a Prince by the free
himselfe were borne of Kings where as God calleth the King their Shepheard and the people Gods stocke 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 signi 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 Iacob 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 c. 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 2. Exod. 9.20 but they are not slaves because Deut. 17.20 they are his brethren That the Kings heart 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 the Kings slaves 4. The Master might in some cases sell the servant for money yea for his own gain â—e might doe it Nehem. 5.8 Eccles. 2.7 1 King 2.32 Gen. 9.25 Gen. â—6 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. peto 69. Sect. fratrem de lege 2. l. 32. ultimo D. T. and 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 Arnisaeus 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
act of government Now as they are conceived to want all government they cannot performe any act of government And this is as much against himselfe as against us 2. The power of a part and the power of the whole is not alike Royaltie never advanceth the King above the place of a member And Lawyers say The King is above the subjects in sensu diviso in a divisive sense he is above this or that subject but he is inferiour to all the subjects collectively taken because he is for the whole Kingdome as a meane for the end Object If this be a good reason that he is a meane for the whole Kingdome as for the end that he is therefore inferiour to the whole Kingdome then is he also inferior to any one subject for he is a meane for the safety of every subject as for the whole Kingdome Answ. Every meane is inferior to its compleat adequate and whole end and such an end is the whole Kingdome in relation to the King but every man is not alwayes inferiour to its incompleat inadequate and partiall end This or that subject is not adequate but the inadequate and incompleat end in relation to the King The Prelate saith Kings are Dii Elohim Gods and the manner of their propagation is by filiation by adoption sonnes of the most high and Gods first borne Now the first borne is not above every brother severally but if there were thousands millions numberlesse numbers he is above all in precedencie and power Answ. Not only Kings but all inferiour Iudges are Gods Psal. 82. God standeth in the congregation of the Gods that is not a congregation of Kings So Exo. 22.8 the master of the house shall be brought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Gods or to the Judges And that there were more Iudges then one is cleare by vers 9. and if they shall condemne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jarshignur condemnarint Joh. 10.35 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He called them Gods Exod. 4.16 Thou shalt be to Aaron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a God They are Gods analogically only God is infinite not so the King 2. Gods will is a law not so the Kings 3. God is an end to himselfe not so the King The Iudge is but God by office and representation and conservation of the people 2. It is denyed that the first-borne is in power before all his brethren though there were millions That is but said One as one is inferior to a multitude as the first-borne was a Politick Ruler to his brethren he was inferiour to them politically Object 3. The collective Vniversitie of a Kingdome are subjects sonnes and the King their father no lesse then this or that subject is the Kings subject For the universitie of Subjects are either the King or the King subjects for all the kingdome must be one of these two but they are not the King Ergo they are his subjects Answ. All the Kingdome in any consideration is not either King or Subjects I give a third The Kingdome collective is neither properly King nor Subject but the Kingdome embodied in a State having collaterall or coordinate power with the King Object 4. The universitie is ruled by lawes Ergo they are inferior to the King who ruleth all by law Answ. The Universitie properly is no otherwise ruled by lawes then the King is ruled by lawes The Universitie formally is the compleat Politick body indued with a nomothetick facultie which cannot use violence against it selfe and so is not properly under a Law QUEST XX. Whether or no inferiour Judges be univocally and essentially Judges and the immediate Vicars of God no lesse then the King or if they be onely the Deputies and Vicars of the King IT is certain that in one and the same Kingdom the power of the King is more in extension then the power of any inferiour Iudge but if these powers of the King and the inferiour Iudges differ intensivè and in spece and nature is the question though it be not all the question Assert Inferiour Iudges are no lesse essentially Iudges and the immediate Vicars of God then the King 1. These who judge in the room of God and exercise the judgement of God are essentially Iudges and the Deputies of God as well as the King but inferiour Iudges are such Ergo The proposition is clear the formall reason why the King is univocally and essentially a Iudge is because the Kings throne is the Lords throne 1 Chron. 29.23 And Solomon sate on the throne of the Lord as King instead of David his father 1 King 1.13 It is called Davids throne because the King is the Deputy of Iehovah and the judgement is the Lords I prove the assumption Inferiour Iudges appointed by King Iehoshaphat have this place 2 Chro. 19.6 The King said to the Iudges Take heed what ye do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for ye judge not for man but for the Lord then they were Deputies in the place of the Lord and not the Kings Deputies in the formall and officiall acts of judging 7. Wherefore now let the fear of the Lord be upon you take heed and do it for there is no iniquity with the Lord our God nor respect of persons or taking of gifts Hence I argue If the Holy Ghost in this good King forbid inriour Judges wresting of judgement respecting of persons and taking of gifts because the judgement is the Lords and if the Lord himself were on the Bench he would not respect persons nor take gifts then he presumeth that inferiour Iudges are in the stead and place of Jehovah and that when these inferiour Iudges should take gifts they make as it were the Lord whose place they represent to take gifts and to do iniquitie and to respect persons but that the holy Lord cannot do 2. If the inferiour Iudges in the act of judging were the Vicars and Deputies of King Jehoshaphat he would have said Judge righteous judgement Why For the judgement is mine and if I the King were on the Bench I would not respect persons nor take gifts and you judge for me the supreme Judge as my Deputies but the King saith They judge not for man but for the Lord. 3. If by this they were not Gods immediate Vicars but the Vicars and Deputies of the King then being meer servants the King might command them to pronounce such a sentence and not such a sentence as I may command my servant and deputy in so far as he is a servant and deputie to say this and say not this but the King cannot limit the conscience of the inferiour Iudge because the judgement is not the Kings but the Lords 4. The King cannot command any other to do that as King for the doing whereof he hath no power from God himself but the King hath no power from God to pronounce what sentence he pleaseth because the judgement is not his own but Gods And though inferiour Iudges
be sent of the King and appointed by him to be Iudges and so have their externall call from Gods deputy the King yet because judging is an act of conscience as one mans conscience cannot properly be a deputy for another mans conscience so neither can an inferior Iudge as a Iudge be a deputy for a King therefore the inferiour Iudges have designation to their office from the King but if they have from the King that they are Iudges and be not Gods deputies but the Kings they could not be commanded to execute judgement for God but for the King and Deut. 1.17 Moses appointed Iudges but not as his deputies to judge and give sentence as subordinate to Moses For the judgement saith he is the Lords not mine 6. If all the inferiour Iudges in Israel were but the deputies of the King and not immediately subordinate to God as his deputies then could neither inferiour Iudges be admonished nor condemned in Gods word for unjust judgement because their sentence should be neither righteous nor unrighteous judgement but in so far as the King should approve it or disapprove it and indeed that Royalist Hugo Grotius saith so That an inferiour Iudge can do nothing against the will of the supreme Magistrate if it be so When ever God commandeth inferiour Iudges to execute righteous judgement it must have this sense Respect not persons in judgement except the King command you crush not the poor oppresse not the fatherlesse except the King command you I understand not such policie Sure I am The Lords commandments rebukes and threats oblige in conscience the inferiour Iudge as the superiour as is manifest in these Scriptures Jerem. 5.1 Isai. 1.17 21. and 5.7 and 10.2 and 59.14 Jere. 22.3 Ezek. 18.8 Amos 5.7 Micah 3.9 Habak 1.4 Levit 19.15 Deut. 17.11 and 1.17 Exod. 23.2 Grotius saith It is here as in a Categorie the middle Spece is in respect of the Superiour a Spece in respect of the inferiour a Genus so inferiour Magistrates in relation to these who are inferiour to them and under them they are Magistrates or publike persons but in relation to superiour Magistrates especially the King they are private persons and not Magistrates Answ. Jehoshaphat esteemed not Iudges appointed by himself private men 2 Chron. 19.6 7. Yee judge not for men but for the Lord. 2. We shall prove that under Iudges are powers ordained of God 3. In Scotland the King can take no mans inheritance from him because he is King But if any man possesse Lands belonging to the Crown the King by his Advocate must stand before the Lord-Iudges of the Session and submit the matter to the Laws of the Land and if the King for propertie of Goods were not under a Law and were not to acknowledge Iudges as Iudges I see not how the subject in either Kingdoms have any proprietie 4. I judge it blasphemie to say That a sentence of an inferiour Iudge must be no sentence though never so legall nor just if it be contrary to the Kings will as Grotius saith He citeth that of Augustine If the Consul command one thing and the Emperour another thing you contemn not the power but you choose to obey the highest Peter saith He will have us one way to be subject to the King as to the supreme sine ulla exceptione without any exception but to these who are sent by the King as having their power from the King Answ. When the Consull commandeth a thing lawfull and the King that same thing lawfull or a thing not unlawfull we are to obey the King rather then the Consull so I expone Augustine 2. We are not to obey the King and the Consull the same way that is with the same degree of reverence and submission for we owe more submission of spirit to the King then to the Consul but magis minus non variant speciem more or lesse varieth not the natures of things but if the meaning be that we are not to obey the inferiour Iudge commanding things lawfull if the King command the contrary this is utterly denyed But saith Grotius The inferiour Judge is but the Deputie of the King and hath all his power from him therefore we are to obey him for the King Answ. The inferiour Iudge may be called the Deputy of the King where it is the Kings place to make Iudges because he hath his externall call from the King and is Iudge in foro Soli in the name and authority of the King but being once made a Iudge in foro poli before God he is as essentially a Iudge and in his officiall acts no lesse immediately subjected to God then the King himself Argum. 2. These powers to whom we are to yield obedience because they are ordained of God these are as essentially Iudges as the supreme Magistrate the King but inferiour Iudges are such Ergo Inferiour Iudges are as essentially Iudges as the supreme Magistrate The proposition is Rom. 13.1 For that is the Apostles Arguments whence we prove Kings are to be obeyed because they are powers from God I prove the assumption Inferiour Magistrates are powers from God Deut. 1.17 and 19.6 7. Exod. 22.7 Jere. 5.1 and the Apostle saith The powers that are are ordained of God 3. Christ testified that Pilate had power from God as a Iudge say Royalists no lesse then Caesar the Emperour Iohn 19.11 and 1 Pet. 2.12 We are commanded to obey the King and these that are sent by him and that for the Lords sake and for conscience to God and Rom. 13 5. We must be subject to all powers that are of God not onely for wrath but for conscience 4. These who are rebuked because they execute not just judgement as well as the King are supposed to be essentially Iudges as well as the King but inferiour Iudges are rebuked because of this Ierem. 22.15 16 17. Ezek. 45.9 10 11 12. Zeph. 3.3 Amos 5.6 7. Eccles. 3.16 Micah 3.2 3 4. Jerem. 5.31 Ierem. 5.1 5. He is the Minister of God for good and hath the sword not in vain but to execute vengeance on the evil doers no lesse then the King Rom. 13.2 3 4. He to whom agreeth by an Ordinance of God the specifick acts of a Magistrate he is essentially a Magistrate 6. The resisting of the inferiour Magistrate in his lawfull commandments is the resisting of Gods Ordinance and a breach of the fifth Commandment as is disobedience to parents and not to give him tribute and fear and honour is the same transgression Rom. 13.1 2 3 4 5 6 7. 7. These stiles of Gods of Heads of the people of Fathers of Physicians and healers of the sonnes of the most High of such as Raign and Decree by the wisedome of God c. that are given to Kings for the which Royalists make Kings onely Iudges and all inferiour Iudges but deputed and Iudges by participation and at the second hand or
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. 11.11 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 sorum 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 iu 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 Bakeâ— 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
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 Subjâ—cts 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 Tyranâ— 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 Prelate presumeth that Fatherly power is absolute But so if a father murther his childe he is not comptable to the Magistrate therefore but being absolute over his children only the Judge of the World not any power on earth can punish him 6. We have proved that the Kings power is paternall or fatherly only by analogie and improperly 7. What is this Prerogative Royall we shall heare by and by 8. There is no restraint on Earth laid upon this fatherly power of the King but Gods law which is a morall restraint If then the King challenge as great a power as the Turke hath he oâ—ly sinneth against God but no mortall man on earth may controll him as Royalists teach and who can know what power it is that Royalists plead for whether a dispoticall power of Lordly power or a fatherly power If it be a power above law such as none on earth may resist it it is no matter whether it be above law of two degrees or of twenty even to the Great Turkes power These goe for Oracles at Court Tacitus Principi summum rerum arbitrium Dii dederunt subditis obsequii gloria relicta est Seneca Indigna digna habenda sunt Rex quae facit Salustius Impunè quidvis facere id est Regem esse As if to be a King and to be a God who cannot erre were all one But certainly these Authors are taxing the Licence of Kings and not commanding their power But that God hath given no absolute and unlimited power to a King above the law is evident by this Arg. 1. He who in his first institution is appointed of God by office even when he sitteth on the throne to take heed to read on a written copie of Gods law that he may learne to feare the Lord his God and keep all the words of this law c. He is not of absolute power above law But Deut. 17.18 19. the King as King while he sitteth on the Throne is to doe this Ergo the Assumption is cleare for this is the law of the King as King and not of a man as a man But as he sitteth on the Throne he is to read on the booke of the Law and ver 20. Because he is King his heart is not to be lifted up above his brethren And as King v. 16. he is not to multiply horses c. So Polititians make this argument good They say Rex est lex viva animata loquens lex The King as King is a living breathing and speaking Law And there be three reasons of this 1. If all were innocent persons and could doe no violence one to another the Law would rule all and all men would put the Law in execution agendo sponte by doing right of their own accord and there should be no need of a King to compell men to do right But now because men are by nature averse to good lawes therefore there was need of a Ruler who by office should reduce the Law into practice and so is the King the Law reduced in practice 2. The Law is
the thing it self hath by office a Royall power to destroy and that from God for then the people praying Lord give us a King should pray make us slaves Lord take our Libertie and power from us and give a power illimited and absolute to one man by which he may if he please waste us and destroy us as all the bloody Emperours did the people of God Surely I see not but they should pray for a temptation and to be led in temptation when they pray God to give them a King and therefore such a power is a vain thing Argum. 5. A power contrary to justice 2. To peace and the good of the people 3. That looketh to no law as a rule and so is unreasonable and forbidden by the Law of God and the Civill Law L. 15. filius de condit Instit. cannot be a lawfull power and cannot constitute a lawfull Iudge but an absolute and unlimited power is such How can the Iudge be the Minister of God for good to the people Rom. 13.4 If he have such a power as a King given him of God to destroy and waste the people Argum. 6. An absolute power is contrary to nature and so unlawfull for it maketh the people give away the naturall power of defending their life against illegall and cruell violence and maketh a man who hath need to be ruled and lawed by nature above all rule and law and one who by nature can sin against his brethren such a one as cannot sin against any but God onely and maketh him a Lion and an unsociall man What a man is Nero whose life is poesie paintry Domitian only an Archer Valentinian only a Painter Charles the 9â—h of France only an Hunter Alphonsus Dux Ferrariensis only an Astronomer Philippe of Macedo only a Musitian and all because they are Kings This our King denyeth when he saith Art 13. There is power legally placed in the Parliament more then sufficient to prevent and restraine the power of Tyranny But if they had not power to play the Lions it is not much that Kings are Musitians Hunters c. 7. God in making â— King to preserve his people should give liberty without all politick restraint for one man to destroy many which is contrary to Gods end in the fift Commandement if one have absolute power to destroy soules and bodies of many thousands 8. If the Kings of Israel and Iudah were under censures and rebukes of the Prophets and sinned against God and the people in rejecting these rebukes and in persecuting the Prophets and were under this Law not to take their neighbours wife or his Vineyard from him against his will and the inferiour Iudges were to accept the persons of none in Iudgement small or great and if the King yet remaine a brother notwithstanding he be a King then is his power not above any Law nor absolute for what reason 1. He should be under one Law of God to be executed by men and not under another Law Royalists are to shew a difference from Gods Word 2. His neighbours brother or subjects may by violence keepe back their Vineyards and chastity from the King Naboth may by force keepe his owne Vineyard from Achab by the Lawes of Scotland if a subject obtaine a Decree of the King of violent possession of the Heritages of a subject he hath by Law power to cast out force apprehend and deliver to prison these who are Tenants brooking these Lands by the Kings personall Commandement If a King should force a Damsell she may violently resist and by violence and bodily opposing of violence to violence defend her owne chastity Now that the Prophets have rebuked Kings is evident Samuel rebuked Saul Nathan David Elias King Achab. Ieremiah is commanded to Prophesie against the Kings of Iudah Ier. 1.18 and the Prophets practised it Ier. 19.3 c. 21.2 c. 22.13 14 15. Hos. 5.1 Kings are guilty before God because they submitted not their Royall power and greatnesse to the rebukes of the Prophets but persecuted them 2 Deut. 17.20 The King on the Throne remaineth a Brother Psal. 22.22 and so the Iudges or three Estates are not to accept of the Person of the King for his greatnesse in Iudgement Deut. 1.16 17. and the Iudge is to give out such a sentence in Iudgement as the Lord with whom there is no iniquity would give out if the Lord himselfe were sitting in Iudgement because the Iudge is in the very stead of God as his Lievtenant 2 Chron. 19.6 7. Ps. 82.1 2. Deut. 1.17 And with God there is no respect of persons 2 Chro. 19.7 1 Pet. 1.17 Act. 10.34 I doe not intend that any inferiour Iudge sent by the King is to judge the King but these who gave him the Throne and made him King are truely above him and to judge him without respect of persons as God would judge himselfe if he himselfe were sitting in the Beanch 3. God is the Author of Civill Lawes and Government and his intention is therein the externall peace and quiet life and godlinesse of his Church and people and that all Iudges according to their places be Nurse-fathers to the Church Esay 49.23 Now God must have appointed sufficient meanes for this end but there is no sufficient meanes at all but a meere Anarchy and confusion if to one man an absolute and unlimited power be given of God whereby at his pleasure he may obstruct the fountaines of Iustice and command Lawyers and Lawes to speake not Gods mind that is Iustice righteousnesse safety true Religion but the sole lust and pleasure of one man And 2. this one having absolute and irresistible influence on all the inferiour Instruments of Iustice may by this power turne all into Anarchy and put the people in a worse condition then if there were no Iudge at all in the Land For that of Polititians that Tyranny is better then Anarchy is to be taken Cum grano salis but I shall never beleeve that absolute power of one man which is actu primo Tyranny is Gods sufficient way of peaceable government Therefore Barclaius saith nothing for the contrary when he saith The Athenians made Draco and Solon absolute Law-givers For a facto ad jus non valet consequentia What if a roving people trusting Draco and Solon to be Kings above mortall men and to be gods gave them power to make Lawes written not with Inke but with blood Shall other Kings have from God the like Tyrannicall and bloody power from that to make bloody Lawes Chytreus Lib. 2. and Sleidan citeth it l. 1. Sueton. Sub paena periurii non tenentur fidensevare regi degeneri 9. He who is regulated by Law and sweareth to the three Estates to be regulated by Law and accepteth the Crown Covenant-wise and so as the Estates would refuse to make him their King if either he should refuse to sweare or if they did
not a power of meere Grace But 1. Though Princes may doe some things of Grace yet not of meere Grace because what Kings doe as Kings and by vertue of their Royall office that they do ex debito officii by debt and right of their office and that they cannot but do it not being arbitrarie to them to doe the debtfull acts of their office But what they doe of meere grace that they doe as good men and not as Kings and that they may not doe As for example Some Kings out of their pretended prerogative have given foure pardons to one man for foure murthers Now this the King might have left undone without sinne But of meere grace he pardoned the murtherer who killed foure men But the truth is the King killed the three last because he hath no power in point of Conscience to dispute with blood Num. 35.31 Gen. 9.6 These pardons are acts of meere grace to one man but acts of blood to the Communitie 2. Because the Prince is the Minister of God for the good of the subject and therefore the Law saith He cannot pardon and free the guilty of the punishment due to him Contra l. quod favore F. de leg l. non ideo minus F. de proc l. legata inutiliter F. de lega 1. And the reason is cleare He is but the minister of God a revenger to execute wrath upon him that doth evill And if the Judgement be the Lords not mans not the Kings as it is indeed Deut. 1.17 2 Chron. 19.6 he cannot draw the sword against the innocent nor absolve the guiltie except he would take on himselfe to carve and dispose of that which is proper to his master Now certaine it is God only univocally and essentially as God is the Judge Ps. 75.7 and God only and essentially King Ps. 97.1 Ps. 99.1 and all men in relation to him are meere ministers servants legates deputies and in relation to him equivocally and improperly Iudges or Kings and meere created and breathing shadowes of the power of the King of Kings And looke as the Scribe following his own device and writing what sentence he pleaseth is not an officer of the Court in that point nor the pen and servant of the Iudge so are Kings and all Iudges but forged intruders and bastard Kings and Iudges in so far as they give out the sentences of men and are not the very mouthes of the King of Kings to pronounce such a sentence as the Almighty himselfe would doe if he were sitting on the Throne or Bench. 3. If the King from any supposed prerogative Royall may doe acts of meere grace without any warrant of Law because he is above Law by office then also may he doe acts of meere rigorous Iustice and kill and destroy the innocent out of the same supposed Prerogative For Gods word equally tyeth him to the place of a meere minister in doing good as in executing wrath on evill doers Rom. 13.3 4. And reason would say he must be as absolute in the one as in the other seeing God tieth him to the one as to the other by his office and place yea by this acts of Iustice to ill-doers and acts of reward to well-doers shall be arbitrary morally and by vertue of office to the King and the word Prerogative Royall saith this for the word Prerogative is a supreme power absolute that is loosed from all Law and so from all reason of Law and depending on the Kings meer and naked pleasure and will and the word Royall or Kingly is an Epithete of office and of a Iudge a created and limited Iudge and so it must tye this supposed Prerogative to Law Reason and to that which is debitum legale officii and a legall duty of an office and by this our masters the Royalists make God to frame a rationall creature which they call a King to frame acts of Royalty good and lawfull upon his own meer pleasure and the super-dominion of his will above a Law and Reason And from this it is that deluded Counsellours made King James a man not of shallow understanding and King Charls to give pardons to such bloody murtherers as James a Grant and to go so far on by this supposed Prerogative Royall that King Charls in Parliament at Edinburgh 1633. did command an high point of Religion That Ministers should use in officiating in Gods service such Habits and Garments as he pleaseth that is all the Attire and Habits of the idolatrous Masse-Priests that the Romish Priests of Baal useth in the oadest point of idolatry the adoring of Bread that the earth has and by this Prerogative the King commanded the Service Book in Scotland An. 1637. without or above Law and Reason And I desire any man to satisfie me in this If the Kings Prerogative Royall may over-leap Law and Reason in two degrees and if he may as King by a Prerogative Royall command the body of Popery in a Popish Book If he may not by the same reason over-leap Law and Reason by the elevation of twenty degrees And if you make the King a Iulian God avert and give the spirit of revelation to our King may he not command all the Alcaron and the Religion of the Heathen and Indians Royalists say The Prerogative of Royalty excludeth not reason and maketh not the King to do as a brute beast without all reason but it giveth a power to a King to do by his Royall pleasure not fettered to the dictates of a Law for in things which the King doth by his Prerogative Royall he is to follow the advice and counsell of his wise counsell though their counsell and advice doth not binde the Royall will of the King I answer it is to me and I am sure to many Learneder a great question If the will of any reasonable creature even of the damned angels can will or chose any thing which their reason corrupted as it is doth not dictate hic nunc to be good For the object of the will of all men is good either truely or apparently good to the doer for the devill could not suite in marriage souls except he war in the cloths of an Angel of light sin as sin cannot sell or obtrude it self upon any but under the notion of good I think it seemeth good to the great Turk to command innocent men to cast themselves over a precipie two hundreth fadom high in the Sea and drown themselves to pleasure him So the Turks reason for he is rationall if he be a man dictateth to his vast pleasure that that is good which he commandeth 2. Counsellours to the King who will speak what will please the Queen are but naked empty Titles for they speak que placent non que prosunt what may please the King whom they make glad with their lies not what law and reason dictateth 3. Absolutenesse of an unreasonable Prerogative doth not deny
only from this fountaine because the People have transferred their power to the King Lib. 1. digest tit 4. de constit Princip leg 1. sic Vlpian Quod Principi placuit loquitur de Principe formaliter qua Princeps est non qua est homo legis habet vigorem utpote cum lege Regia quae de imperio ejus lata est populus ei in eum omne suum imperium potestatem conferat Yea the Emperour himselfe may be conveened before the Prince Elector Aurea Bulla Carol. 4. Imper c. 5. The King of France may be conveened before the Senate of Paris The States may resist a Tyrant as Bossius saith de Principe privileg jus n. 55. Paris de puteo iu tract syno tit de excess Reg. c. 3. Divines acknowledge that Elias rebuked the halting of Israel betwixt God and Baal that their Princes permitted Baals Priests to converse with the King And is not this the sinne of the Land that they suffer their King to worship Idols and therefore the Land is punished for the sinnes of Manasseh as Knox observeth in his Dispute with Lethington where he proveth that the States of Scotland should not permit the Queen of Scotland to have her abominable Masse Hist. of Scotland l. 4. p. 379. edit an 1644. Surely the power or Sea-Prerogative of a sleepie or mad Pilot to split the ship on a rock as I conceive is limited by the Passengers Suppose a father in a distemper would set his own house on fire and burne himselfe and his ten sonnes I conceive his Fatherly prerogative which neither God nor Nature gave should not be looked to in this but they may binde him Yea Althusius polit c. 39. n. 60. answering that That in Democracie the people cannot both command and obey saith It is true secundum ideus ad idem eodem tempore But the people may saith he choose Magistrates by succession Yea I say 1. they may change Rulers yearely to remove envie A yearely King were more dangerous the King being almost above envie Men incline more to flatter then to envie Kings 2. Aristotle saith polit l. 4. c. 4. l. 6. c. 2. The people may give their judgement of the wisest Obj. Williams B. of Ossorie Vindic. Reg. A Looking-glasse for Rebels saith p. 64. To say the King is better than any one doth not prove him to be better then two and if his supremacie be no more then any other may challenge as much for the Prince is singulis major A Lord is above all Knights a Knight above all Esquires and so the People have placed a King under them not above them Ans. The reason is not alike for all the Knights united cannot make one Lord and all the Esquires united cannot make one Knight but all the People united made David King at Hebron 2. The King is above the people by eminencie of derived authoritie as a Watchman and in actuall supremacie and he is inferior to them in fountaine-power as the effect to the cause Object 2. The Parliament saith Williams may not command the King Why then make they supplications to him if their Vote be a Law Ans. They supplicate ex decentia of decencie and connveniencie for his place as a Citie doth supplicate a Lord Major but they supplicate not ex debito of obligation as beggars seeke almes then should they be cyphers 2. When a Subject oppressed supplicateth his Soveraigne for justice the King is obliged by office to give justice And to heare the oppressed is not an act of grace and mercie as to give almes though it should proceed from mercie in the Prince Psal. 72.13 but an act of Royall debt 3. The P. Prelate objecteth The most you claime to Parliaments is a coordinate power which in law and reason run in equall tearmes In Law par in parem non habet imperium an equall cannot judge an equall much lesse may an inferiour usurpeto judge a superiour Our Lord knew gratiâ visionis the woman taken in adulterie to be guilty bat he would not sâ—ntence her to teach us not improbably not to be both Judge and Witnesse The Parliament are Judges accusers and witnesses against the King in their owne cause against the Imperiall lawes Ans. 1. The Parliament is coordinate ordinarily with the King in the power of making Lawes but the coordination on the Kings part is by derivation on the Parliaments part originaliter fontaliter as in the fountaine 2. In ordinarie there is coordination but if the King turne Tyrant the Estates are to use their fountaine-power And that of the Law Par in parem c. is no better from his Pen that stealeth all he hath then from Barclaius Grotius Arnisaeus Blackwood c. It is cold and sowre We hold the Parliament that made the King at Hebron to be above their own creature the King Barclaius saith more acurately l. 5 cont Monarch p. 129. It is absurd that the People should both be subject to the King and command the King also Ans. It is not absurd that a Father naturall as a private man should be subject to his Sonne even that Jesse and his elder brother the Lord of all the rest be subject to David their King Royalists say Our late Queen being supreme Magistrate might by Law have put to death her own husband for adulterie or murther 2. The Parliament should not be both Accuser Iudge and Witnesse in their own cause 1. It is the Cause of Religion of God of Protestants and of the whole people 2. The oppressed accuse there is no need of Witnesses in raising armes against the Subjects 3. The P. Prelate could not object this if against the Imperiall laws the King were both Partie and Iudge in his own cause and in these acts of arbitrarie power which he hath done through bad counsell in wronging Fundamentall lawes raising armes against his subjects bringing in forraigne enemies into both his Kingdomes c. Now this is properly the cause of the King as he is a man and his owne cause not the cause of God and by no Law of nature reason or Imperiall Statutes can he be both Iudge and party 4. If the King be sole supreame Iudge without any fellow sharers in power 1. He is not obliged by Law to follow Counsell or hold Parliaments for Counsell is not Command 2. It is unpossible to limit him even in the exercises of his power which yet Dr. Ferne saith cannot be said for if any of his power be retrinched God is robbed saith Maxwell 3. He may by Law play the Tyrant gratis Ferne objecteth § 7. pag. 26. The King is a fundamentall with the Estates now foundations are not to be stirred or removed Ans. The King as King inspired with Law is a fundamentall and his power is not to be stirred but as a man wasting his people he is a destruction to the house and community and not a
The Observator said The King is not a father to the whole collective body and it s well said he is son to them and they his maker Who made the King Policy answereth The State made him and Divinitie God made him 4. The Observator said well The peoples weaknesse is not the Kings strength The Prelate saith Amen He said That that perisheth not to the King which is granted to the people The Prelate denyeth Because What the King hath in trust from God the King cannot make away to another nor can any take it from him without sacriledge Answ. True indeed If the King had Royalty by immediate trust and infusion by God as Elias had the spirit of prophecie that he cannot make away Royalists dream that God immediately from heaven now infuseth facultie and right to Crowns without any word of God It s enough to make an Euthysiast leap up to the Throne and kill Kings Judge if these Fanaticks be favourers of Kings But if the King have Royaltie mediately by the peoples free consent from God there is no reason but people give as much power even by ounce weights for power is strong Wine and a great mocker as they know a weak mans head will bear and no more power is not an immediate inheritance from heaven But a birth-right of the people borrowed from them they may let it out for their good and resume it when a man is drunk with it 2. The man will have it conscience on the King to fight and destroy his three Kingdoms for a dream his prerogative above Law But the truth is Prelates do engage the King his house honour subjects Church for their cursed Mytres The Prelate vexeth the Reader with Repetitions and saith The King must proportion his Government to the safety of the people on the one hand and to his owne safety and power on the other hand Ans. What the King doth as King he doth it for the happinesse of his people the King is a relative yea even his owne happinesse that he seeketh he is to referre to the good of Gods people He saith farther The safety of the people includeth the safety of the King because the word populus is so taken which he proveth by a raw sickly rabble of words stollen out of Passerats Dictioner His father the Schoole-master may whip him for frivolous Etymologies This supreame Law saith the Prelate is not above the Law of Prerogative Royall the highest Law nor is Rex above Lex The Democracie of Rome had a supremacie above Lawes to make and unmake Lawes and will they force this power on a Monarch to the destruction of Soveraigntie Answ. This which is stollen from Spalato Barclay Grotius and others is easily answered The supremacie of People is a Law of natures selfe-preservation above all positive Lawes and above the King and is to regulate Soveraigntie not to destroy it 2. If this supremacie of Majâ—stie was in people before they have a King then 1. they lose it not by a voluntary choise of a King for a King is chosen for good and not for the peoples losse ergo they must retain this power in habite and potency even when they have a King 2. Then supremacy of Majesty is not a beame of Divinity proper to a King only 3. Then the people having Royall soveraignty vertually in them make and so unmake a King all which the Prelate denyeth This supreme Law saith the Prelate begging it from Spalato Arnisaeus Grotius advance 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 Exodus 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 effusion 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
titulo such as usurpe the throne and have no just claime to it Barclaius adver Monarcho-Ma l. 4. c. 10. p. 268. saith Any private man may kill him as a publike enemie of the State but if he lose his title to the Crown in the court of Men then is there 1 a Court on Earth to judge the King and so he is under the coactive power of a Law 2. Then a King may be resisted and yet those who resist them doe not incurre damnation the contrary whereof Royalists endeavour to prove from Rom. 13.3 Then the people may un-king one who was a King But 4. I would know who taketh that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from him whereby he is a King that beame of Divine majestie Not the people because Royalists say they neither can give nor take away Royall dignitie and so they cannot un-king him 4. The more Will be in the consent saith Ferd. Vasquez l. 1. c 41. the obligation is the stricter So doubled words saith the Law l. 1. § 13. n. 13. oblige more strictly And all lawes of Kings who are rationall fathers and so lead us by Lawes as by rationall meanes to peace and externall happinesse are contracts of King and People Omnis lex sponsio contractus Reip. § 1. Iust. de ver relig Now the King at his Coronation-covenant with the people giveth a most intense consent an Oath to be a keeper and preserver of all good Laws and so hardly he can be freed from the strictest obligation that Law can impose And if he keep Lawes by office he is a meane to preserve Lawes and no meane can bee superior and above the end but inferior thereunto 5. Bodine proveth de Rep. l. 2. c. 5. p. 221. that Emperors at first were but Princes of the Commonwealth and that Soveraigntie remained still in the Senate and people Marius Salomonius a learned Romane Civilian wrote sixe bookes de Principatu to refute the supremacie of Emperors above the State Ferd. Vasq. illust quest part 1. l. 1. n. 21. proveth that the Prince by Royall dignitie leaveth not off to be a Citizen a member of the Politique body and not a King but a Keeper of Lawes Hence 6. The Prince remaineth even being a Prince a sociall creature a Man as well as a King one who must buy sell promise contract dispose Ergo he is not Regula regulans but under rule of law for impossible it is if the King can in a politicall way live as a member of a societie and doe and performe acts of policie and so performe them as he may by his office buy and not pay promise and vow and sweare to men and not performe nor be obliged to men to render a reckoning of his Oath and kill and destroy and yet in Curia politicae societatis in the Court of humane policie be free and that he may give inheritances as just rewards of vertue and well-doing and take them away againe Yea seeing these sinnes that are not punishable before men are not sinnes before men If all the sinnes and oppressions of a Prince be so above the punishment that men can inflict they are not sinnes before men by which meanes the King is loosed from all guiltinesse of the sinnes against the Second Table for the ratio formalis the formall reason why the Iudge by warrant from God condemneth in the Court of men the guilty man is because he hath sinned against humane societie either through the scandall of blasphemie or through other heynous sinnes he hath defiled the Land Now this is incident to the King as well as to some other sinfull man To these and the like heare what the excommunicated Prelate hath to say 1. They say he meaneth the Jesuites Every societie of men is a perfect Republick and so must have within it selfe a power to preserve it selfe from ruine and by that to punish a Tyrant He answereth A societie without a Head is a disorderly rout not a Politique body and so cannot have this power Ans. 1. The Pope giveth to every Societie Politick power to make away a Tyrant or hereticall King and to un-un-king him by his brethren the Jesuites way And observe how Papists of which number I could easily prove the P. Prelate to be by the Popish doctrine that he delivered while the iniquitie of time and dominion of Prelates in Scotland advanced him against all worth of true learning and holinesse to be a Preacher in Edinborough and Iesuites agree as the builders of Babylon It is the purpose of God to destroy Babylon 2. This answer shall inferre that the Aristocraticall Governors of any free State and that the Duke of Venice and the Senate there is above all Law and cannot be resisted because without their Heads they are a disorderly Rout. 3. A Politicall societie as by Natures instinct they may appoint a Head or Heads to themselves so also if their Head or Heads become ravenous Wolves the God of Nature hath not left a perfect Societie remedilesse but they may both resist and punish the Head or Heads to whom they gave all the power that they have for their good not for their destruction 4. They are as orderly a body Politique to unmake a Tyrannous Commander as they were to make a just Governour The Prelate saith It is alike to conceive a Politique body without a Governour as to conceive the naturall body without a Head He meaneth None of them can be conceivable I am not of his minde When Saul was dead Israel was a perfect Politique body and the Prelate if he be not very obtuse in his head as this hungry peece stollen from others sheweth him to be may conceive a visible Politicall societie performing a Politicall action 2 Sam. 5.1 2 3. making David King at a visible and conceivable place at Hebron and making a Covenant with him And that they wanted not all Governors is nothing to make them Chymera's unconceivable For when so many families before Nimrod were governed only by fathers of families and they agreed to make either a King or other Governors a Head or Heads over themselves though the severall families had government yet these consociated families had no government and yet so conceivable a Politique body as if Maxwell would have compeared amongst them and called them a disorderly rout or an unconceivable Chymera they should have made the Prelate know that Chymera's can knock down Prelates Neither is a King the life of a Politique body as the soule is of the naturall body The body createth not the soule but Israel created Saul King and when he was dead they made David King and so under God many Kings as they succeeded till the Messiah came No naturall body can make soules to it selfe by succession Nor can Seas create new Prelates alwayes P. Prelate Jesuites and Puritans differ infinitely We are hopefull God shall cast down this Babel The Iesuites for ought I know seat the
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 â—inne 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 iâ— His 7. Argument is Before God would authorize Rebellion and give a bad president thereof for ever he would rather worke extraordinary and wondâ—rfull miracles and therefore would not authorize the people to deliver themselves from under Pharaoh but made Moses a Prince to bring them out of Egypt with a strâ—tched-out armâ— nor did the Lord deliver his people by the wisdome of 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 wâ—â—ch 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. Prâ—late 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 Isrâ—el 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 foure-fold contrary relation All Divines know that Pharaoh his Princes and the Egyptians were his Peeres and People and 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 bondage Exod. 2.23 24. and they were not to serve the Gods of Egypt nor were of the Kings Religion And therefore his Argument is thus A number of poore exiled strangers under King Pharaoh who were not Pharaohs Princes and Peeres could not restraine the Tyrannie of King Pharaoh Ergo the three Estates in a free Kingdome may not restraine the Arbitrarie power of a King 2. The Prelate must prove that God gave a Royall and Kingly power to King Pharaoh due to him by vertue of his Kingly calling according as Royalists expone 1 Sam. 8.9 11. to kill all the male children of Israel to make slaves of themselves and compell them to worke in brick and clay while their lives were a burden to them And that if a Romish Catholique Mary of England should kill all the male Children of Protestants by the hands of Papists at the Queenes commandement and make bondslaves of all the Peeres Iudges and three Estates who made her a free Princesse yet notwithstanding that Mary had sworne to maintaine the Protestant Religion they were to suffer and not to defend themselves But if God give Pharaoh a power to kill all Israel so as they could not controll it then God giveth to a King a Royall power by office to sinne only the Royalist saveth God from being the author of sinne in this that God gave the power to sinne but yet with this limitation that the Subjects should not resist this power 2. He must prove that Israel was to give their Male-childâ—en to Pharaohs Butchers for to hide them was to resist a Royall power and to disobey a Royall power given of God is to disobey God 3. The Subjects may not resist the Kings Butchers coming to kill them and their Male-children For to resist the servant of the King in that wherein he is a servant is to resist the King 1 Sam. 8.7 1 Pet. 2.14 Rom. 13.1 4. He must prove that upon the supposition That Israel had been as strong as Pharaoh and his people that without Gods speciall commandment they then wanting the written Word they should have fought with Pharaoh and that we now for all wars must have a word from Heaven as if we had not Gods perfit Will in his Word as at that time Israel behoved to have in all wars Judg. 18.5 1 Sam. 14.37 Esa. 30.2 Iere. 38.37 1 King 22.5 1 Sam. 30.5 Iudg. 20.27 1 Sam. 23.2 2 Sam. 16.23 1 Chron. 10.14 But because God gave not them an answer to fight against Pharaoh therefore we have no warrant now to fight agâ—inst a forraign Nation invading us the consequence is null and therefore this is a vain Argument The Prophets never reprove the people for not performing the duty of defensive wars against Tyraâ—nous Kings Ergo There is no such dutie enjoyned by any Law of God to us For the Prophets never rebuke the people for non-performing the dutie of offensive wars against their enemies but where God gave a speciall command and responce from his own Oracle that they should fight And if God was pleased never to command the people to rise against a Tyrannous King they did not sin where they had no commandment of God but I hope we have now a more sure word of prophecie to inform us 5. The Prelate conjectureth Moses his miraâ—les and the deliverance of the people by dividing the Red Sea was to forbid and condemn defensive wars of people against their King but he hath neither Scripture nor Reasons to do it The end of these miracles was to Seal to Pharaoh the Truth of Gods calling of Moses and
Aaron to deliver the people as is clear Exod. 4.1 2 3 4. compared with Chap. 7. vers 8 9 10. And that the Lord might get to himself a name on all the earth Rom. 9.17 Exod. 9.16 and 13.13 14. and 15. 1 2 3. seq But of the Prelates conjecturall end the Scripture is silent and we cannot take an excommunicated mans word What I said of Pharaoh who had not his Crown from Israel that I say of Nebuchadnezzar and the Kings of Persia keeping thâ— people of God captive P. Prelate So in the Book of the Judgeâ— when the people were delivered over to the hand of their enemies because of their sins hâ— never warranted the ordinary Iudges or Communitie to be their own deliverers but when they repented God raised up â— Iudge The people had no hand in their own deliverance out of Babylon God effected it by Cyrus immediately and totally Is not this a reall proof God will not have inferiour Iudges to rectifie what is amisse but we must waite in patience till God provide lawfull means some Soveraign power immediately sent by himself in which course of his ordinary providence he will not be deficient Answ. All this is beside the question and proveth nothing lesse then that Peers and Communitie may not resume their power to curbe an Arbitrary power For in the first case there is neither Arbitrary nor lawfull supreme Iudge 2. If the first prove any thing it proveth That it was rebellion in the inferiour Iudges and Communitie of Israel to fight against forraign Kings not set over them by God and that offensive wars against any Kings whatsoever because they are Kings though strangers are unlawfull Let Socinians and Anabaptists consider if the P. Prelate help not them in this and may prove all wars to be unlawfull 3. He is so Malignant to all inferiour Iudges as if they were not powers sent of God and to all Governours that are not Kings and so upholders of Prelates and of himself as he conceiveth that by his arguing he will have all deliverance by Kings onely the onely lawfull means in ordinary providence and so Aristocracy and Democracy except in Gods extraordinary providence and by some divine dispensation must be extraordinary and ordinarily unlawfulh 2. The Acts of a State when a King is dead and they choosâ— another shall be an Anticipating of Gods providence 3. If the King be a childe a captive or distracted and the Kingdom oppressed with Malignants they are to waite while God immediately from Heaven create a King to them as he did Saul long ago But have we now Kings immediately sent as Saul was 1. How is the spirit of Prophecie and Government infused in them as in King Saul Or are they by propheticall inspiration anointed as David was I conceive their calling to the throne on Gods part do differ as much from the calling of Saul and David in some respect as the calling of ordinary Pastors who must be gifted by industry and learning and called by the Church and the calling of Apostles 4. God would deliver his people from Babylon by moving the heart of Cyrus immediately the people having no hand in it not so much as supplicating Cyrus Ergo The People and Peers who made the King cannot curb his 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 Cyruâ— 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 anâ— 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 Ox 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 didâ— 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 ch 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 for 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 non-age 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 better then to prove Achab Ieroboam and many Kings in Israel and Judah committed Idolatry Ergo They had no Royall power at all In the rest of the Chapter for a whole Page he singeth over again his Mattens in a circle and giveth us the same Arguments we heard before of which you have these three notes 1. They are stoln and not his own 2. Repeated again and again to fill the field 3. All hang on a false supposition and a begging of the question That the people without the King have no power at all QUEST XXVII Whether or no the King be the sole supreme and finall interpreter of the Law THis Question conduceth not a little to the clearing of the doubts concerning the Kings absolute power and the supposed sole nomothetick power in the King And I thinke it not unlike to the question whether the Pope and Romish Church havt a sole and peremptory power of exponing Lawes and the Word of God We are to consider that therr is a twofold exposition of Lawes one speculative in a Schoole way so exquisite Iurists have a power to expone Lawes 2. Practicall in so farre as the sense of the Law falleth under our Practice and this is twofold either private and common to all or judiciall and proper to Iudges and of this last is the question For this Publicke the Law hath one fundamentall rule Salus populi like the King of Planets the Sunne which lendeth Star-light to all Lawes and by which they are exponed whatever interpretation swarveth either from fundamentall Lawes of policy or from the Law of Nature and the Law of Nations and especially from the safety of the publick is to be rejected as a perverting of the Law and therefore Conscientia humani generis the naturall conscience of all men to which the oppressed people may appeale unto when the King exponeth a Law unjustly at his owne pleasure is the last rule on earth for exponing of Lawes Nor ought Lawes to be made so obscure as an ordinary wit cannot see their connexion with fundamentall truths of policy and the safety of the people and therefore I see no inconvenience to say that The Law it selfe is Norma regula juduicandi the Rule and directory to square the Iudge and that the Iudge is the publicke practicall interpreter of the Law Assert 1. The King is not the sole and finall interpreter of the Law 1. Because then inferiour Iudges should not be interpreters of the Law but inferiour Iudges are no lesse essentially Iudges then the Kingâ— Deut. 1.17 2 Chron. 19.6 1 Pet. 2.14 Rom. 13.1 2. and so by Office must interpret the Law else they cannot give sentence according to their conscience and equity now exponing of the Law judicially is an act of judging and so a personall and incommunicable act so as I can no more judge and expone the Law according to another mans conscience then I can beleeve with another mans soule or understand with another mans understanding see with another mans eye The Kings pleasure therefore cannot be the rule of the inferiour Iudges conscience for he giveth an immediate accompt to God the Iudge of all of a just or an unjust sentence Suppone Caesar shall expone the Law to Pilate that Christ deserveth to dye the death yet Pilate is not in conscience to expone the Law so If therefore inferiour Iudges judge for the King they judge only by power borrowed from the King not by the pleasure will or command of the King thus and thus exponing the Law ergo the King cannot be the sole interpreter of the Law 2. If the Lord say not to the King only but also
lawfull power of a King to do good is not by divine Institution placed in an indivisible point It is not a sin for the people to take some power even of doing good from the King that he solely and by himself shall not have power to pardon an involuntary homicide without advice and the judiciall suffrages of the Councell of the Kingdom least he insteed of this give pardons to Robbers to abominable Murtherers and in so doing the people robbeth not the King of the power that God gave him as King nor ought the King to contend for a sole power in himself of ministring justice to all for God layeth not upon Kings burdens unpossible and God by Institution hath denied to the King all power of doing all good because it is his Will that other Iudges be sharers with the King in that power Num. 14.16 Deut. 1.14 15 16 17. 1 Pet. 2.14 Rom. 13.1 2 3 4. And therefore the Duke of Venice to me cometh neerest to the King moulded by God Deut. 17. in respect of power de jure of any King I know in Europe And in point of conscience the inferiour Iudge discerning a murtherer and bloody man to die may in foro conscientiae despise the Kings unjust pardon and resist the Kings force by his sword and coactive power that God hath given him and put to death the bloody murtherer and he sinneth if he do not this for to me it is clear The King cannot judge so justly and understandingly of a murtherer in Scotland as a Iudge to whom God hath committed the sword in Scotland Nor hath the Lord laid that unpossible burden on a King to judge so of a murther four hundreth miles removed from the King as the Iudge nearer to him as is clear by Num. 14.16 1 Sam. 7.15 16 17. The King should go from place to place and judge and whereas it is unpossible to him to go thorow three Kingdoms he should appoint faithfull Iudges who may not be resisted no not by the King 2. The question is If the King command A. B. to kill his father his pastour the man neither being cited nor convicted of any fault may lawfully be resisted 3. Queritur If in that case in which the King is captived imprisoned and not sui juris and awed or over-awed by bloody Papists and so is forced to command a barbarous and unjust War and if being distracted Physically or Morally through wicked Counsell he command that which no father in his sober wits would command even against Law and Conscience That the sons should yeild obedience and subjection to him in maintaining with lives and goods a bloody Religion and bloody Papists If in that case the King may not be resisted in his person because the power lawfull and the sinfull person cannot be separated We hold the King using contrary to the oath of God and his Royall Office violence in killing against Law and Conscience his Subjects by bloody Emissaries may be resisted by defensive Wars at the commandment of the Estates of the Kingdom But before I produce Arguments to prove the lawfulnesse of resistance a little of the case of resistance 1. Doct. Ferne part 3. sect 5. pag. 39. granteth resistance by force to the King to be lawfull 1. When the assault is sudden 2. Without colour of a Law and Reason 3. Inevitable But if Nero burn Rome he hath a colour of Law and Reason yea if all Rome and his mother in whose Womb he lay were one neck A man who will with reason go mad hath colour of Reason and so of Law to invade and kill the innocent 2. Arnisaeus saith If the Magistrate proceed extra-judicialiter without order of Law by violence the Laws giveth every private man power to resist if the danger be irrecoverable yea though it be recoverable L. prohibitum C. de jur fisc l. quemadmodum 39. § Magistratus ad l. Aquil. l. nec Magistratibus 32. de injur Because while the Magistrate doth against his office he is not a Magistrate for Law and right not injury should come from the Magistrate L. meminerint 6. C. unde vi Yea if the Magistrate proceed judicially and the losse be irrecoverable Jurists say That a private man hath the same Law to resist Marantius dis 1. n. 35. And in a recoverable losse they say every man is holden to resist si evidenter constet de iniquitate If the iniquity be known to all D. D. Iason n. 19. dec n. 26. ad l. ut vim de just jur 3. I would think it not fit easily to resist the Kings unjust Exactors of custome or tribute 1. Because Christ payed tribute to Tiberius Caesar an unjust usurper though he was free from that by Gods Law least he should offend 2. Because we have a greater dominion over Goods then over our Lives and Bodies and it is better to yield in a matter of Goods then to come to Arms for of sinlesse evils we may choose the least 4. A Tyrant without a Title may be resisted by any private man Quia licet vim vi repellere Because we may repell violence by violence yea he may be killed Vt l. vim F. de iustit jure ubi plene per omnes Vasquez l. 1. c. 8. n. 33. Barcla contra Monarcho l. 4 c. 10. pag. 268. For the lawfulnesse of resistance in the matter of the Kings unjust invasion of life and Religion we offer these Arguments 1. That power which is obliged to command and rule justly and religiously for the good of the subjects and is only set over the people on these conditions and not absolutely cannot tye the people to subjection without resistance when the power is abused to the destruction of Lawes Religion and the subjects But all power of the Law is thus obliged Rom. 13.4 Deut. 17. vers 18 19 20. 2 Chron. 19.6 Ps. 132.11 12. Ps. 89.30 31. 2 Sam. 7.12 Ier. 17.24 25. and hath and may be abused by Kings to the destruction of Lawes Religion and Subjects The Proposition is cleare for the powers that tye us to subjection only are of God 2. Because to resist them is to resist the ordinance of God 3. Because they are not a terrour to good workes but to evill 4. Because they are Gods Ministers for our good but abused powers are not of God but of men or not ordinances of God they are a terrour to good workes not to evill they are not Gods Ministers for our good 2. That power which is contrary to Law and is evill and Tyrannicall can tye none to subjection but is a meere Tyrannicall power and unlawfull and if it tye not to subjection it may lawfully be resisted But the power of the King abused to the destruction of Lawes Religion and subjects is a power contrary to Law evill and Tyrannicall and tyeth no man to subjection wickednesse by no imaginable reason can oblige any man Obligation to
that act as a sinfull man having something of Tyrannie in him 2. The Powers Rom. 13.1 that are are ordained of God as their author and efficient But Kings commanding unjust things and killing the innocent in these acts are but men and sinfull men and the power by which they doe these acts a sinfull and an usurped power and so far they are not powers ordained of God according to his revealed Will which must rule us Now the authoritie and officiall power in abstracto is ordained of God as the Text saith and other Scriptures doe evidence And this Polititians doe cleare while they distinguish betwixt jus Personae and jus Coronae the power of the Person and the power of the Crown and Royall office They must then be two different things 3. He that resisteth the power that is the officiall power and the King as King and commanding in the Lord resisteth the Ordinance of God and Gods lawfull constitution v. 2. But he who resisteth the Man who is the King commanding that which is against God and killing the innocent resisteth no ordinance of God but an ordinance of Sin and Sathan for a man commanding unjustly and ruling Tyrannically hath in that no power from God 4. They that resist the power and Royall office of the King in things just and right shall receive to themselves damnation ver 3. but they that resist that is refuse for Conscience to obey the man who is the King and choose to obey God rather then men as all the Martyrs did shall receive to themselves salvation And the 80 valiant men the Priests who used bodily violence against King Vzzahs person and thrust him out of the house of the Lord from offering incense to the Lord which belonged to the Priest only received not damnation to themselves but salvation in doing Gods will and in resisting the Kings wicked will Arg. 5. The lawfull Ruler as a Ruler and in respect of his office is not to be resisted because he is not a terrour to good workes but to evill and no man who doth Good is to be afraid of the Office or the Power but to expect praise and a reward of the same v. 3. But the man who is a King may command an idolatrous and superstitious Worship send an Army of Cut-throats against them because they refuse that Worship and may reward Papists Prelates and other corrupt men and may advance them to places of State and Honour because they kneele to a Tree-Altar pray to the East adore the letters and sound of the word Jesus teach and write Arminianisme And may imprison deprive confine cut the eares and rip the noses and burne the faces of those who speake and preach and write the truth of God and may send Armies of Cut-throats Irish Rebels and other Papists and malignant Atheists to destroy and murther the Iudges of the Land and innocent defenders of the Reformed Religion c. The Man I say in these acts is a terrour to Good workes an incouragement to Evill And those that doe Good are to be afraid of the King and to expect no praise but punishment and vexation from him Ergo this reason in the Text will prove that the Man who is the King in so far as he doth these things that are against his offiâ—e may be resisted and that in these we are not to be subject but only we are to be subject to his power and Royall authoriâ—ie in abstracto in so farre as according to his office he is not a terrour to good workes but to evill 6. The lawfull Ruler is the minister of God or the servant of God for Good to the Commonwealth And to resist the servant in that wherein he is a servant and using the power that he hath from his Master is to resist the Lord his Master v. 4. But the man who is the King commanding unjust things and killing the innocent in these acts is not the minister of God for the Good of the Commonwealth he serveth himselfe and Papists and Prelates for the destruction of Religion Lawes and Commonwealth therefore the Man may be resisted by this Text when the office and power cannot be resisted 7. The Ruler as the Ruler and the nature and intrinsecall end of the office is that he beare Gods sword as an avenger to execute wrath on him that doth evill v. 4. and so cannot be resisted without sinne But the man who is the Ruler and commandeth things unlawfull and killeth the innocent carieth the Papists and Prelates sword to execute not the righteous judgement of the Lord upon the ill-doer but his own private revenge upon him that doth well Ergo the Man may be resisted the Office may not be resisted and they must be two different things 8. We must needs be subject to the Royall office for â—onscience v. 5. by reason of the fifth Commandement But we must not needs be subject to the man who is King if he command things unlawfull for D. Ferne warranteth us to resist if the Ruler invade us sodainly 2. Without colour of Law or Reason 3. Vnavoydably And Winzetus and Barclay and Grotius as before I cited give us leave to resist a King turning a cruell Tyrant But Paul Rom. 13. forbiddeth us to resist the Power in Abstracto Ergo it must be the Man in concreto that we must resist 9. Those we may not resist to whom we owe tribute as a reward of the onerous worke on which they as Ministers of God doe attend continually But we owe not tribute to the King as a man for then should we be addebted tribute to all men but as a King to whom the wages of tribute is due as to a Princely workman a King as a King ergo the Man and the King are different 10. We owe fear and honour as due to be rendred to the man who is King because he is a King not because he is a man for it is the highest feare and honour due to any mortall man which is due to the King as King 11. The Man and the inferiour Judge are different and we cannot by this Text resist the inferiour Iudge as a Iudge but we resist the ordinance of God as the Text proveth But Cavaliers resist the inferior Iudges as men and have killed divers members of both Houses of Parliament but they will not say that they killed them as Judges but as Rebels If therefore to be a Rebell as a wicked Man and to be a Iudge are differenced thus then to be a Man and to commit some acts of Tyrannie and to be the supreme Iudge and King are two different things 12. Mr. Knox Hist. of Scotland l. 2. The Congregation in a letter to the Nobilitie say There is great difference betwixt the Authoritie which is Gods Ordinance and the Persons of those who are placed in authoritie The Authoritie and Gods ordinances can never doe wrong for it commandeth that Vice and wicked men be punished and
Vertue with vertuous men and just be maintained But the corrupt Person placed in this Authoritie may offend and most commonly doe contrary to this Authoritie and is then the corruption of Man to be followed by reason that it is clothed with the name of Authoritie And they give instance in Pharaoh and Saul who were lawfall Kings and yet corrupt Men. And certainly the Man and the Divine authoritie differ as the Subject and the Accident as that which is under a Law and can offend God and that which is neither capable of Law nor sinne 13. The King as King is a jâ—st creature and by office a living and breathing Law His Will as he is King is nothing but a just Law But the King as a sinfull man is not a just creature but one who can sinne and play the Tyrant and his Will as a private sinfull man is a private Will and may be resisted So the Law saith The King as King can doe no wrong but the King as a Man may doe a wrong While as then the Parliaments of both Kingdomes resist the Kings private will as a Man and fight against his illegall Cut-throats sent out by him to dâ—stroy his native subjects they fight for him as a King and obey his publick Legall will which is his Royall will de jure and while he is absent from his Parliaments as a man he is Legally and in his Law-Power present and so the Parliaments are as Legall as if he were personally present with them Let me answer Royalists The P. Prelate saith it is Solomons word By me Kings raign Kings in concreto with their Soveraignty he saith not By me Royalty or Soveraignty raigneth And elsewhere he saith that Barclay saith Paul writing to the Romans keepeth the Roman usuall diction in this who expresse by Powers in abstracto the persons authorized by Power and it is the scriptures Dialect By him were created thrones Dominions Principalities that is Angels to say Angels in abstracto were created 2 Pet. 2.10 They speak ill of dignities Iud. 8. dispise dominion That is they speak ill of Cajus Caligula Nero our Levites rail against the Lords Anoynted the best of Kings in the world Nero Rom. 13.4 in concreto beareth not the sword in vain Arnisaeus saith it better thâ—n the Prelate he is a witlesse theef Rom. 13.4 the Royall Power in abstracto doth not bear the sword but the Person not the Power but the Prince himself beareth the sword And the Prelate poor man following Doctor Fern saith It s absurd to pursue the Kings Person with a canon-bullet at Edge-hill and preserve his authority at London or elsewhere So saith Fern 16. sect 10. pag. 64. The concret Powers here are purposed as objects of our obedience which cannot be directed but upon power in some person for it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Powers that are are of God now Power cannot be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 existent but in some person and Pag. 69. saith Fern can Power in the abstract have praise Or is tribute payed to the Power in the abstract Yea the Power is the reason why we yeeld obedience to the person c. and the Prelate hath as much learning as to coppy out of Fern and Barclay Arniseus and others these words and the like but hath not wit to adde the sinewes of these Authors reason and with all this he can in his Preface call it his own and provoke any to answer him if they dare whereas while I answer this excommunicated Pamphletter I answer these learned Authors from which he stealeth all he hath and yet he must perswade the King he is the onely man can defend his Majesties Cause and the importunity forsooth of friends extorted this peece as if it were a fault that this Delphick Oracle giving out railings and lies for responses should be silent 2. Not we onely but the Holy Ghost in terminis hath this distinction Act. 4.19 and 5.29 We ought to obey God rather then men Them Rulers for of Rulers sitting in judgement is that speech uttered commanding and tyrannizing over the Apostles are men contradistinguished from God and as they command and punish unjustly they are but men otherwise commanding for God they are Gods and more then men 2. From Theophylact also or from Chrysostome on Rom. 13. we have this The Apostle speaketh not say they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. Soveraigntie or Royaltie doth not properly reign or bear the sword or receive praise and this accident doth not bear a sword nor do we think or Paul speak Rom. 13. of the abstracted Jew of power and Royaltie subsisting out of its subject nor dream we that the naked accident of Royall Authority is to be feared and honoured as the Lords anointed the person or man who is the King and beareth the Crown on his head and holdeth the scepter in his hand is to be obeyed accidentes are not persons but they speak non-sense and like brute beasts who deny that all the kingly honour due to the King must be due to him as a King and because of the Royall dignity that God hath given to him and not because he is a man for a Pursevants son is a man and if a Pursevants son would usurpe the throne and take the Crown on his head and the scepter in his hand and command that all souls be subject to such a superior Power because he is a man the Lawes of Scotland would hang a man for a lesse fault we know and the P. Prelate was wont to edifie women and converted souls to Christ with such a distinction as objectum quod and objectum quo in the Pulpits of Edenburgh and it hath good use here we never took abstract Royalty to be the King The Kings of Scotland of old were not second notions and we exclude not the person of the King yet we distinguish with leave of the P. Prelate betwixt the person in linea physica we must take physica largly heer and in linea morali obedience fear tribute honour is due to the person of the King and to the man who is King not because of his person or because he is a man the P. Prelate may know in what notion we take the name Person but because God by the peoples election hath exalted him to Royall dignity and for this cause illdoers are to subject their throats and necks to the sword of the Lords Annoynteds executioner or hangman with patience and willingly because in taking away the head of ill doers for ill doing he is acting the Office of the Lord by whom he Raigneth but if he take away their heads and send out the long-tusked Vultures and Boares of Babylon the Irish Rebells to execute his wrath as he is in that act a mis-informed man and wanteth the authority of Gods Law or mans Law he may be resisted with Armes For 1. If Royalists say against this then if a King turne
Sauls emissaries Because then he should have been in an immediate and nearest posture of actuall self-defence Now the case is farre otherwayes between the King and the two Parliaments of England and Scotland for the King is not 1. Sleeping in his emissariâ—s for he hath armies in two kingdomes and now in threâ— kingdomes by sea and land night and day in actuall pursuit not of one David but of the estates and a Christian community in England and Scotland and that for Religions Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrâ—ry or Tyranicall government and law-government and Therefore by both the Lawes of the politique societies of both Kingdomes and by the Law of God and nature we are to use violent re-offâ—nding for sâ—lf-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the suffâ—r â—awes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoâ—nted my Master the King concludeth universally that the King in his most Tyrannous acts still remaining the Lords Anoynted cannot be resisted Ans. 1. David speaketh of stretching out his haâ—d against the person of King Saul no man in the three Kingdomes did so much as attempt to do violence to the Kings person But this argument 2. is inconsequent for a King invading in his own Royall person the innocent subject 1. Suddainly 2. Without colâ—ur of Law and reason 3. Unavoidably may be personally resistâ—d and that with opposing a violence bodily yet in that invasion he remaineth the Lords Annoynted 2. By this argument the life of a murtherer cannot be taken away by a Judge for he râ—maineth one endued with Gods image and keepeth stil the nature of a man under all the murthers that he doth but it followeth no wayes that because God hath indowed his person with a sort of Royalty of a Divine image that his life cannot be taken and certainly if to be a man endued with Gods image Gen. 6.9 10. and to bee an ill doer worthy of evill punishment are different to be a King and an ill doer may be distinguished The grounds of self-defence are these A woman or a young man may violently oppose a King if he force the one to adultery and incest and the other to Sodomy Though Court-flatterers should say the King in regard of his absolutenesse is Lord of life and death yet no man ever said that the King is Lord of chastity faith and oath that the wife hath made to her husband 2. Particular nature yeelds to the good of universall nature for which cause heavie bodies ascend aerie and light bodies descend If then a wilde Bull or a goaring Oxe may not be let loose in a great market-confluence of people and if any man turne so distracted as he smite himselfe with stones and kill all that passe by him or come at him in that case the man is to be bound and his hands fettered and all whom he invadeth may resist him were they his owne sons and may save their owne lives with weapons much more a King turning a Nero King Saul vexed with an evill spirit from the Lord may be resisted and faâ—re more if a King indued with use of reason shall put violent hands on all his subjects kill his son and heire yea any violently invaded by natures law may defend themselves and the violent restraining of such an one is but the hurting of one man who cannot be virtually the Common-wealth but his destroying of the community of men sent out in warres as his bloody emissaries to the dissolution of the Common-wealth 3. The cutting off of a contagious member that by a Gangrene would corrupt the whole body is well warranted by nature because the safety of the whole is to be preferred to the safety of a part Nor is it much that Royalists say the King being the head destroy him the whole body the Common-wealth is dissolved as cut off a mans head the life of the whole man is taken away Because 1. God cutteth off the spirits of tyrannous Kings and yet the Common-wealth is not dissolved no more then when a Leopard or a wilde Boare running through children is killed it can be the destruction of all the children in the land 2. A king indefinitely is referred to the Common-wealth as an adequat head to a Monarchicall Kingdome and remove all Kings and the politique body as Monarchicall in its frame is not Monarchicall but it leaveth not off to be a politique body seeing it hath other Judges but the naturall body without the head cannot live 2. This or that tyrannous King being a transient mortall thing cannnot be referred to the immortall Common-wealth as it is adequat correlate They say the King never dieth yet this King can dye an immortall politique body such as the Common-wealth must have an immortall head and that is a King as a King not this or that man possibly a tyrant who is for the time and eternall things abstract from time onely a King 4. The reason of Fortunius Garcias a skilfull Lawyer in Spaine is considâ—rable Coment in l. ut vim vi ff de justit jure God hath implâ—nted in every creature naturall inclinations and motions to preserve it selfe and we are to love our self for God and have a love to preserve our selves rather then our neighbour and Natures law teacheth every man to love God best of all and next our selves more then our neighbour for the Law saith Thou shalt love thy neighbour as thy selfe then saith Malderus com in 12. q. 26. tom 2. c. 10. concl 2. The love of our selfe is the measure of the love of our neighbour But the rule and the measure is more perfect simple and more principall then the thing that is measured It is true I am to love the salvation of the Church it comming neerer to Gods glory more then my owne salvation as the wishes of Moses and Paul do prove and I am to love the salvation of my brother more then my owne temporall life but I am to love my owne temporall life more then the life of any other and therefore I am rather to kill then to be killed the exigence of necessity so requiring Nature without sin aimeth this as a truth in the case of losse of life Proximus sum egomet mihi Ephes. 5.28 29. He that loveth his wife loveth himselfe for no man ever yet hated his owne flesh but nourisheth it and cherisheth it even as the Lord the Church As then nature tyeth the dam to defend the young birds and the Lyon her whelps and the husband the wife and that by a comparative re-offending rather then the wife or children should be killed yea hee that is wanting to his brother if a robber unjustly invade his brother and helpeth him not is a murtherer of his
man to self-defâ—nce 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 defend 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 nece 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 C. 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. signisicasti 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 Iac. Novel defens n. 101. Occidens Principem vel alium Tyrannidem exercentem à poena homicidii excusatur Grotius de jure belli pacit l. 2. c. 1. n. 3. Si corpus impetatur vi presente cum periculo vitae non aliter vitabili tunc bellum est licitum etiam cum interfectione periculum inferentis ratio natura quemque sibi commendat 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 â—e so much the holyer that they root out Protestants 3. The King declared we had broken loyalty to him since the last Parliament 4. He dâ—clared both Kingdoms Rebels 5. Attempted in his Emissaries to destroy the Parliament 6. And to bring in a forraigne enemie And the Law saith An imminent danger which is a sufficient warrant to take up Armes is not strokes but either the terrour of Armour or threatning Glossator in d. l. 1. C. Vnde vi ait non esse verbera expectanda sed vel terrorem armorum sufficere vel minas hoc esse imminens periculum L. Sed si quemcunque in princ ff ad leg Aquil. l. 3. quod qui armati ff de vi vi armata is qui aggressorem C. ad legem C. ad legem Corneli In most hainous sinnes conatus the endeavour and aime etiamsi effectus non sequatur puniri debet is punishable Bartoln in l. Si quis non dicam rapere The King hath aimed at the destruction of his Subjects through the power of wicked counsellors and we are to consider not the intenton of the workes but the nature and intention of the work Papists are in armes their religion the Conspiracy of Trent their conscience if they have any their malice against the covenant of Scotland which abjureth their Religion to the full their ceremonies their Prelates lead and necessitate them to root out the name of Protestant Religion yea and to stab a King who is a Protestant Nor is our King remaining a Protestant and adhering to his oath made at his Coronation in both kingdomes Lord of his own person master of himself nor able as King to be a King over Protestant subjects if the Papists now in armes under his standard shall prevail The King hath been compâ—lled to go against his own oath and the Lawes which he did swear to maintaine The Pope sendeth to his popish armies both dispensations bulls mandats incouragements The King hath made a cessation with the bloody Irish and hath put arms in the hands of Papists Now he being under the oath of God tied to maintain the Protestant Religion he hath a metaphysically subtle pearcing faith of miracles who beleeveth armed Papists and Prelates shall defend Protestants their Religion and these who have abjured Prelats as the lawful sons of the Pope that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and as the law saith Quilibet in dubio praesumitur bonus L. merito praesumi L. non omnes § à Barbaris de re milit Charity beleeveth not ill So Charity is not a foole to beleeve all things So saith the Law Semel malus semper praesumitur malus in eodem genere C. semel malus de jure gentium in 6. Once wicked is alwayes wicked in that kind Marius Salamonius I. C. in L. ut vim atque injuriam ff de just jure We are not to wait on strokes the terrour of armour omnium consensu by consent of all is sufficient n. 3. If I see saith he the enemy take an arrow out of the Quiver before he bend the bow it is lawfull to prevent him with a blow cunctatio est periculosa The Kings comming with armed men to demand the Five Members into the House of Commons is very symbolicall and Warre was printed on that fact he that runneth may reade His comming to Hull with an Armie saith not he had no errand there but aske what it was in the clock See Novellus that learned Venetian Lawyer in a Treatise for defence he maketh continuatam rixam a continued upbraiding a sufficient ground of violent defence He citeth Doctores Comniter in L. ut vim ff de just jure Yea he saith Drunkennesse defens n. 44. Error n. 46. Madnesse n. 49 50. Ignorance n. 51 52. Impudence n. 54. Necessity n. 56. Lasciviousnesse 58. Continuall reproaches 59. The fervour of anger 64. Threatning 66. Feare of imminent danger 67. Iust grief doe excuse a man from homicide and that in these he ought to be more mildly punished Quia obnubilatum mancum est consilium Reason in these being lame and clogged Ambros. l. 1. offic Qui non repellit injuriam à socio cum potest tam est in vitio quam ille quifacit And as Nature so the Law saith When the losses are such as can never be repaired as Death
the formality of a judge in things evident to natures eye such as are manifestly unjust violences Nature in acts naturall of self-defence is judge party accuser witnesse and all for it is supposed the Judge is absent when the Judge doth wrong And for the plea of Elisha's extraordinary spirit it is no thing extraordinary to the Prophet to call the King the sonne of a murtherer when hee complaineth to the Elders for justice of his oppression no more then it is for a plaintiffe to libell a true crime against a wicked person and if Elisha's resistance came from an extraordinary spirit then it is not naturall for an oppressed man to close the doore upon a murtherer then the taking away of the innocent Prophets head must be extraordinary for this was but an ordinary and most naturall remedy against this oppression and though to name the King the sonne of a murtherer be extraordinary and I should grant it without any hurt to this cause it followeth no wayes that the self-defence was extraordinary 3. 2. Chron. 26.17 Foure score of Priests with Azariah are commended as valiant men LXX 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montan. filii virtutis Men of courage and valour for that they resisted Vzziah the King who would take on him to burne Incense to the Lord against the Law M. Symmons pag. 34. sect 10. They withstood him not with swords and weapons but onely by speaking and one but spake I answer It was a bodily resistance for beside that Ierome turneth it Viri fortissimi Most valiant men And it is a speech in the Scripture taken for men valorous for warre As 1 Sam. 14.25 2 Sam. 17.10 1 Chron. 5.18 And so doth the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potent in valour And the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Sam. 24.9 2 Sam. 11.16 1 Sam. 31.12 and therefore all the 80. not onely by words but violently expelled the King out of the Temple 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Mont. â—â—â—eterunt contra a Huzzi-Iahu the LXX say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They resisted the King so Dan. 11.17 The armies of the south shall not stand Dan. 8 25. It is a word of violence 3. The text saith ver 20. and they thrust him out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ar. Mont. fecerunt eum festinare Hyâ—rony festinatò expulerunt eum The LXX say The Priest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Vatablus they cast him out And 4. it is said ver 21. he was cut off from the house of the Lord. Doctor Ferne saith sect 4. pag. 50. They are valiant men who dare withstand a King in an evil way by a home reproofe and by withdrawing the holy things from him especially since by the law the leper was to be put out of the congregation Ans. 1. He contradicteth the text it was not a resistance by words for the text saith they withstood him and they thrust him out violently 2. He yeeldeth the cause for to withdraw the holy things of God by corporall violence and violently to pull the censer out of his hand that he should not provoke Gods wrath by offering incense to the Lord is resistance and the like violence may by this example be used when the King useth the sword and the Militia to bring in an enemy to destroy the kingdom it is no lesse in justice against the second table that the King useth the sword to destroy the innocent then to usurpe the censor 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 à 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 priâ—sts 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 to be 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
these men according to their works which forbeare to help men that are drawn to death and those that be ready to be slaine if they shift the businesse and say Behold we know not doth not he that pondereth the heart consider it When therefore the Lords Prophets complaine that the people execute not judgement relieve not the oppressed help not and rescue not those that are drawn to death unjustly by the King or his murthering Judges they expresly cry out against the sin of non-resistance 2. The Prophets cannot expresly and formally cry out against the Judges for non-resisting the King when they joyne as â—avening wolves with the King in these same acts of oppression even as the Judge cannot formally impannell 24 men sent out to guard the travellers from an arch robber if these men joyne with the robber and rob the travellers and become cut-throats as the arch robber is he cannot accuse them for their omission in not guarding the innocent travellers but for a more hainous crime that not onely they omitted what was their duty in that they did not rescue the oppressed out of the hands of the wicked but because they did rob and murther and so the lesser sinne is swallowed up in the greater The under-Judges are watchmen and a guard to the Church of God if the King turn a bosome robber their part is Ier. 22.3 to deliver the spoiled out of the hand of the oppressour to watch against domestick and forraine enemies and to defend the flock from wolves Ezek. 23.2 3 4. Ier. 50.6 to let the oppressed goe free and to break every yoak Esay 58.6 to break the jawes of the wicked and pluck the spoile out of his teeth Job 29.17 Now if these Judges turne Lyons and ravening Wolves to prey upon the flock and joyne with the King as alwayes they did when the King was an oppressor his Princes made him glad with their lies and joyned with him and the people with both Ier. 1.18 Ier. 5.1 Ier. 9.1 Mic. 7.1 Ezek. 22.24 25 26 27 28 29 30 31. Ier. 15.1 2 3. It is no wonder if the Prophets condemne and cry out against the hugest and most bloody crime of positive oppression formally and expresly and in that their negative murthers in not releeving the oppressed must also be cryed out against 13. The 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 sufferings 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. 13. 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
Ergo they must have the power of the sword hence upon the same grounds Assert 2. That the King onely hath the power of warre and raising Armies must be but a positive civill Law For 1. by divine right if the inferiour Judges have the sword given to them of God then have they also power of Warre and raising Armies 2. All power of warre that the King hath is cumulative not privative and not distructive but given for the safety of the Kingdome as therefore the King cannot take from one particular man the power of the sword for naturall self-preservation because it is the birth-right of life neither can the King take from a community and Kingdome a power of rising in Armes for their owne defence If an Armie of Turks shall suddenly invade the Land and the Kings consent expresse cannot be had for it is essentially involved in the office of the King as King that all the power of the swoâ—d that he hath be for their safety or if the King should as a man refuse his consent and interdict and discharge the Land to rise in Armes yet they have his Royall consent though they want his personall consent in respect that his office obligeth him to command them to rise in Armes 2. Because no King no Civill power can take away Natures birth-right of self-defence from any man or a community of men 2. Because if a King should sell his Kingdome and invite a bloody Conquerour to come in with an Armie of men to destroy his people impose upon their conscience an Idolatrous Religion they may lawfully rise against that Armie without the Kings consent for though Royalists say they need not come in asinine patience and offer their throats to cut-throats but may flee yet two things hindereth a flight 1. They are obliged by vertue of the first Commandement to re-man and with their sword defend the Cities of the Lord and the King 2 Sam. 10.12 1 Chron. 19.13 for if to defend our Country and children and the Church of God from unjust invaders and cut-throats by the sword be an act of charity that God and the Law of Nature requireth of a people as is evident Prov. 24.11 and if the fift Commandement oblige the Land to defend their aged Parents and young children from these invaders and iâ— the sixt Commandement lay on us the like bond all the Land are to act works of mercy and charity though the King unjustly command the contrary except Royalists say that we are not to performe the duties of the second Table commanded by God if an earthly King forbid us and if we exercise not acts of mercy toward our brethren when their life is in hazard to save them wee are murtherers and so men may murther their neighbour if the King command them so to doe this is like the Court-faith 2. The Kinâ—s power of warres is for the safety of his people if he deny his conseâ—t to their raising of Armes till they be destroyed he playeth the Tyrant not the King and the law of Nature will necessiâ—ate them either to defend themselves seeing slight of all in that case is harder then death else they must be guilty of self-murther Now the Kings commandement of not rising in Armes at best is positive and against the nature of his Office and it â—loweth then from him as from a man and so must be farre inferiour to the naturall Commandement of God which commandeth self-preservation if wee would not be guilty of self-murther and of obeying men rather then God So Althusius Polit. c. 25. n. 9. Halicarnas l. 4. Antiq. Rom. Aristo Pol. l. 3. c. 3. 3. David tooke Goliahs sword and became a Captaine a Captaine to an hoast of armed men in the battaile and fought the battailes of the Lord 1 Sam. 25.28 and this Abigal by the spirit of prophecy as I take it saith ver 29 30 31. 1 Sam. 22.2 1 Chron. 12.1.2.3.17.18.21.22 not onely without Sauls consent but against King Saul as he was a man but not against him as hee was King of Israel 4. If there be no King or the King be minor or an usurper as Athalia be on the Throne the Kingdome may lawfully make war without the King as Iudges cap. 20. The children of Israel foure hundred thousand footemen that drew sword went out to warre against the children of Benjamin Iudah had the power of the sword when Iosiah was but eight yeares old in the beginning of his reigne 2 King 22.1 2. and before Iehoash was crowned King and while he was minor 2 King 11. there were Captaines of hundreds in armes raised by Iehoiada and the people of Iudah to defend the young King It cannot be said that this is more extraordinary then that it is extraordinary for Kings to die and in the interregnum warres in an ordinary providence may fall out in these Kingdoms where Kings goe by election and for Kings to fall to be Minors Captives Tyrannous And I shall be of that opinion that Mr Symmons who holdeth That Royall birth is equivalent to divine unction must also hold that election is not equivalent to divine unction for both election and birth cannot be of the same validity the one being naturall the other a matter of free choise which shall infer that Kings by election are lesse properly and analogically onely Kings and so Saul was not properly a King for he was King by election but I conceive that rather Kings by birth must be lesse properly Kings because the first King by Gods institution being the mould of all the rest was by election Deut. 17.18.19.20 5. If the estates create the King and make this man King not this man as is clear Deut. 17.18 and 2 Chron. 5.1 2 3 4. they give to him the power of the Sword and the power of War and the Militia and I shall judge it strange and reasonlesse that the power given to the King by the Parliament or estates of a free Kingdom such as Scotland as acknowledged to be by all should create regulate limit abridge yea and anull that power that created it self hath God ordained a Parliamentary power to create a Royal power of the sword and war to be placed in the King the Parliaments creature for the safety of Parliament and Kingdome which yet is destructive of it selfe D. Ferne saith that the King summoneth a Parliament and giveth them power to be a Parliament and to advise and counsell him and in the meane time Scripture saith Deut. 17.18 19 20. 1 Sam. 10 20 21 22 23 24 25. 2 Sam. 5.1 2 3 4. that the Parliament createth the King heir's admirable reciprocation of creation in policie and shall God make the mother to destroy the daughter The Parliamentarie power that giveth Crown Militia sword and all to the King must give power to the King to use sword and war for the destruction of the Kingdome and to annull all the power of Parliaments to
make unmake Parliaments and all Parliamentary power what more absurd Obj. 1. Symmons Loyall Subj Pag. 57. These phrases 2. Sam. 9.1 When Kings goe forth to warre and Luk. 14.31 What King going forth to warre speak to my conscience that both offensive and defensive warre are in the Kings hand Answ. It is not much to other men what is spoken to any mans conscience by Phrase and customes for by this no States where there be no Kings but government by the best or the people as in Holland or in other Nations can have power of war for what time of yeare shall Kings goe to war who are not Kings and because Christ saith A certaine housholder delivered talents to his servants will this infer to any conscience that none but a housholder may take usurie And when he saith If the good man of the house knew at what houre the thiefe would come he would watch shall it follow the sonne or servant may not watch the house but onely the good man Obj. 2. Ferne pag. 95. The naturall Bodie cannot move but upon naturall Principles and so neither can the Politique Bodie move in Warre but upon Politique reasons from the Prince which must direct by Law Answ. This may well be retorted the Politique Head cannot then move but upon politique reasons and so the King cannot move to wars but by the Law and that is by consent of Parliament and no Law can principle the head to destroy the members 2. If an Armie of cut-throats rise to destroy the Kingdome because the King is in lacking in his place to doe his duty how can the other Judges the States and Paâ—liament be accessorie to murther committed by them in not raising armies to suppresse such robbers Shall the inferiour Judges be guilty of innocent blood because the King will not doe his duty 3. The politique body ceaseth no more to renounce the principles of sinlesse nature in self-defence because it is a politique body and subject to a King then it can leave off to sleep eat and drink and there is more need of politique principles to the one then the other 4. The Parliaments and Estates of both Kingdoms move in these wars by the Kings Lawes and are a formall politique body in themselves Obj. 2. The ground of the present wars against the King saith D. Ferne sect 4. pag. 13. is false to wit that the Parliament is coordinate with the King but so the King shall not be supreme the Parliaments consent is required to an act of supremacie but not to a denyall of that act And there can no more saith Arnisaeus de jure majestatis c. 3. in quo consistat essen majest c. 3. n. 1. and c. 2. an jur majest separ c. n. 2. be two equall and coordinate supreme powers then there can be two supreme Gods and multitudo deorum est nullitas deorum many gods infer no gods Ans. 1. If we consider the fountaine-power the King is subordinate to the Parliament and not coordinate for the constituent is above that which is constituted If we regard the derived and executive power in Parliamentarie acts they make but a totall and compleat soveraigne power yet so as the soveraigne power of the Parliament being habitually and underived a prime and fountaine power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie acts as is cleare in that the Parliament make Kings 2. Make Lawes raise Armies when either the King is minor captived tyrannous or dead but Royall power Parliamentarie without the Parliament is null because it is essentially but a part of the Parliament and can work nothing separated from the Parliament no more then a hand cut off from the body can write and so here we see two supremes coordinate Amongst infinite things there cannot be two because it involveth a contradiction that an infinite thing can be created for then should it be finite but a royall power is essentially a derived and created power and supreme secundum quid onely in relation to single men but not in relation to the Communitie it is alwayes a creature of the communitie with leave of the Royalist 2. It is false that to an act of Parliamentarie supremacie the consent of the King is required for it is repugnant that there can be any Parliamentarie judiciall act without the Parliament but there may be without the King 3. More false it is that the King hath a negative voice in Parliament then he shall be sole Judge and the Parliament the Kings Creator and Constituent shall be a cypher Obj. 3. Arnesaeus de jur Maj. de potest armorum c. 5. n. 4. The People is mad and furious therefore supreme Majestie cannot be secured and Rebels suppressed and publike Peace kept if the power of Armour be not in the Kings hand only Answ. To denude the people of Armour because they may abuse the Prince is to expose them to violence and oppression unjustly for one King may easilier abuse armour then all the people one man may more easily fail then a Community 2. The safety of the people is far to be preferred before the safety of one man though he were two Emperours one in the East another in the West because the Emperour is ordained of God for the good and safety of the people 1 Tim. 2.2 3. There can be no inferiour Judges to bear the sword as God requireth Rom. 13 4. Deut. 1.15 16. 2 Chron. 19.6 7. and the King must be sole Judge if he onely have the sword and all armour monopolized to himselfe Obj. 4. The causes of Warre saith M. Simmons sect 4. pag. 9. should not be made knowne to the Subjects who are to look more to the lawfull call to Warre from the Prince then to the cause of the War Answ. The Parliament and all the Judges and Nobles are Subjects to Royalists if they should make war and shed blood upon blind obedience to the King not inquiring either in causes of Law or faâ—t they must resigne their consciences to the King 2. The King cannot make unlawfull warre to be lawfull by any authority Royall excâ—pt he could raze out the sixt Commandement therefore Subjâ—cts must look more to the causes of Warre then to the authority of the King and this were a faire way to make Parliaments of both Kingdomes set up Popery by the sword and root out the Reformed Religion upon the Kings Authority as the lawfull call to warre not looking to the causes of warre QUEST XXXVII Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them and killing them and â—ndevouring the establishment of Poperie though the King of Scotland should inhibit them MArianus saith one iâ— obliged to help his brother non vinculo efficace not with any efficacious band because in these
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 helpâ—rs 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 possâ—ssion of the land at the commandement of Moses and Joshua 4. So Saul and Israel hâ—lped 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 Ammonitâ—â— 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 ship together being in one Iland under one King and now by the mercy of God have sworne one Covenant and so must stand or fall together 7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland An. 1585. at the desire of the Generall Assembly 1583. to joyne forces together at home and enter in League with Protestant Princes and Estates abroad to maintaine the Protestant Religion against the bloody confederacy of Trent and accordingly this League betweene the two Crownes was subscribed at Berwick An. 1586. and the same renewed An. 1587 1588. as also the confession of Faith subscribed when the Spanish Armado was on our coasts 8. The Law of God commanding that we love our neighbour as our selfe and therefore to defend one another against unjust violence l. ut vim ff de just jur obligeth us to the same except we thinke God can be pleased with lippâ—-love in word onely which the Spirit of God condemneth 1 Ioh. 2.9 10. cap. 3.16 and the summe of Law and Prophets is that as we would not men should refuse to help us when we are unjustly oppressed so neither would we so serve our afflicted brethren l. in facto ff de cond demonstr § Si uxor Iustit de nupt 9. Every man is a keeper of his brothers life there is a voluntary homicide when a man refuseth food or physick necessary for his owne life and refuseth food to his dying brother and men are not borne for themselves And when the King defendeth not subjects against their enemies all fellow-subjects by the law of Nature of Nations the Civill and cannon Law have a naturall priviledge to defend one another and are mutuall Magistrates to one another when there be no other Magistrates If an Army of Turks or Pagans would come upon Britaine if the King were dead as he is civilly dead in this juncture of time when he refuseth to helpe his subjects one part of Britaine would help another As Iehoshaphat King of Iudah did right in helping Ahab and Israel so the Lord had approved of the warre If the left hand be wounded and the left eye put out nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye and so are they obliged to helpe one another 10. As we are to beare one anothers burthens and to help our enemies to compassionate strangers so far more these who make one body of Christ with us 11. Meroz iâ— under a curse who helpeth not the Lord one part of a Church another A woe lieth on them that are at ease in Zion and helpeth not afflicted Ioseph so farre as they are able 12. The law of Gratitude obligeth us to this England sent an Armie to free both our soules and bodies from the bondage of Popery and the fury of the French upon which occasion a Parliament at Leith Anno 1560. established Peace and Religion and then after they helped us against a faction of Papists in our owne bosome for which we take Gods name in a prayer seeking grace never to forget that kindnesse 13. When Papists in Armes had undone England if God give them victory they should next fall on us and it should not be in the Kings power to resist them When our enemies within two dayes journey are in Armes and have the person of our King and his judgement and so the breathing Law of the two Kingdomes under their power we should but sleepe to be killed in our nest if we did not arise and fight for King Church Countrey and Brethren Object By these and the like grounds when the Kings Royall Person and life is in danger he may use Papists as subjects not as Papists in his owne naturall self-defence Answ. Hell and the Devill cannot say that a thought was in any heart against the Kings person He sleeped in Scotland safe and at Westminster in his owne Palace when the Estates of both Kingdomes would not so much as take the water-pot from his bed-side and his Speare and Satan instilled this traiterous lye first in Prelates then in Papists 2. The King professeth his maintenance of the true Protestant Religion in his Declarations since he tooke Armes but if Saul had put Armes in the hands of Baals Priests and in an Armie of Sidonians Philistims Ammonites professing their quarrell against Israel was not to defend the King but their Dagon and false gods cleere it were Sauls Armie should not stand in relation of helpers of the Kings but of advancers of their owne Religion Now Irish Papists and English in Armes presse the King to cancell all Lawes against Popery and make Laws for the free liberty of Masse and the full power of Papists then the King must use Papists as Papists in these warres QUEST XXXVIII Whether Monarchy be the best of governments NOthing more unwillingly
intermedia a middle power not so vast as that which is absolute and tyrannicall which yet is some way humane this I take Iurists call jus regium lex regia jura Regalia regis Cicero jura Majestatis Livius jura imperii and these Royall priviledges are such common and high dignities as no one particular magistrate can have seeing they are common to all the kingdom as that Cesar only should coyne money in his own name Hence the penny â—â—ven to Christ because it had Cesars image and superscription Matâ— 22.20 21. Infer by way of argumentation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. give therefore tribute to Cesar as his due so the Magazine and Armory for the safety of the Kingdom is in the Kings hand the King hath the like of these priviledges because he is the common supreame publick officer and Minister of God for the good of the whole Kingdom and amongst these Royall priviledges I reckon that power that is given to the King when he is made King to do many things without warrant of the letter of the law without the expresse consent of his counsell which he cannot alwayes carry about with him as the law saith The King shall not raise armes without consent of the Parliament but if an army of Irish or Danes or Spanyards should suddenly land in Scotland he hath power without a formally conveened Parliament to command them all to rise in armes against these invadeâ—s and defend themselves this power to inferiour Magistrate hath as he is but such a Magistrate And in many such exigences when the necessity of justice or grace requireth an extemporall exposition of Lawes Pro re natâ for present necessary execution some say onely the Emperour others all Kings have these priviledges I am of the minde of Arnisaeus that these priviledges are not rewards given to Princes for their great paines For the King is not obliged to governe the Common-wealth because he receiveth these Royall Priviledges as his reward but because by office he is obliged to govâ—rne the common-wealth therefore these priviledges are given to him and without them he could not so easily governe But I am utterly against Arnisaeus who saith these are not essentiall to a King Because saith he he createth Marquesses Dukes c. and Nobles constituteth Magistrates not because of His Royall Dignity but by reason of his absolute power for many Princes have supreame power and cannot make Nobles and therefore to him they are jura majestatis non â—ura potestatis But 1. The King suppose a limited King may â—nd ought to make nobles for he may conferre honours as a reward of vertue none can say Pharoah by his absolute authority and not as a King advanced Ioseph to be a noble Ruler we cannot say that for there was merit and worth in him deserving that honour and Darius not by absolute authority but on the ground of well-deserving the rule by which Kings are obliged in justice to confer honours promoted Daniel to be the first president of all his kingdomes because Dâ—n 6.3 An excellent spirit was in him and in Justice the King could nobilitate none rather then Daniel except he should fail against the rule of conferring honours It is acknowledged by all that honos est proemium virtutis honour is founded upon vertue and therefore Darius did not this out of his absolute Majesty but as King 2. All Kings as Kings and by a Divine Law of God and so by no absolutenesse of Majesty are to make men of wisdome fearing God hating covetousnesse Judges under them Deut. 1.13 2 Chro. 19.6 7. Psal. 101.6 7 8. 3. If we suppose a King to be limited as Gods King is Deut. 17.18 19 20. Yet is it his part to confer honours upon the worthiest Now if he have no absolutenesse of Majesty he cannot confer honours out of a principle that is none at all unum quodque sicut est ita operatur and if the people confer honours then must Royalists grant that there is an absolute Majesty in the people why then may they not derive Majesty to a King and why then do Royalists talk to us of Gods immediate creating of Kings without any interveening action of the people 4. By this absolutnesse of Majesty Kings may play the Tyrant as Samuel 1 Sam. 8.9 10 11 12 13 14. foretelleth Saul would do But I cannot beleeve that Kngs have the same very officiall absolute power from whence they do both acts of grace goodnesse and justice such as are to expone Laws extemporally in extraordinary cases to confer honours upon good and excellent men of grace to pardon offenders upon good grounds and also doe acts of extreme Tyrannie For out of the same fountaine doth not proceed both sweet water and bitter Then by this absolutenesse Kings cannot doe acts of goodnesse justice and grace and so they must doe good as Kings and they must doe acts of tyrannie as men not from absolutenesse of majesty 5. Inferiour Magistrates in whom there is no absolutenesse of Majesty according to Royalists way may expound laws also extemporally and doe acts of justice without formalities of civill or municipall laws so they keep the genuine intent of the Law as they may pardon one that goeth up to the wall of a City and discovereth the approach of the enemie when the watchmen are sleeping though the Law be That any ascending to the wall of the Citie shall die Also the inferiour Judge may make Judges and Deputies under himselfe 6. This Distinction is neither grounded upon Reason or Lawes nor on any Word of God Not the former as is proved before for there is no absolute power in a King to do above or against law all the officiall power that a King hath is a Royall power to do good for the safety and good of his subjects and that according to law and reason and there is no other power given to a King as a King and for Scripture Arnisaeus ibid. alledgeth 1 Sam. 8. The manner or law of the King ver 9.11 And he saith it cannot be the custome and manner of the King but must be the law of absolute Majesty 1. Because it was the manner of inferiour judges as Tyberius said of his judges to flea the people when they were commanded to shear them onely 2. Samuels sons who wrested judgment and perverted the law had this manner and custome to oppresse the people as did the sons of Eli and therefore without reason is it called the law of Kings jus regum if it was the law of the judges for if all this law be Tyrannicall and but an abuse of Kingly power the same law may agree to all other Magistrates who by the same unjust power may abuse their power but Samuel as Brentius observeth homi 27. in 1 Sam. in princ doth meane here a greater license then Kings can challenge if at any time they would make use of their plenitude of absolute
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 Ptolomeus because he affected too much the name of a King of the Romans his own friend Dion l. 9. The States punished Archidanius because he married a wife of a low stature Plutarch in Agos in pris The ancient Burgundions thought it cause enough to expell their King if matters went not well in the State Marcel l. 27. The Goths in Spain gave no other cause of expelling their King nisi quod sibi displiceret because he displeased them Aimon l. 2. c. 20. l. 4. c. 35. Ans. All these are not to be excused in people but neither every abuse of power in a King exautorateth a King nor every abuse in people can make null their power Arnisaeus maketh three kinds of oathes the first is when the King sweareth to defend true Religion and the Pope and he denyeth that this is an oath of fidelitie or by paction or covenant made to thâ— Pope or Clergie he saith it is onely on oath of protection nor doth the King receive the Crown from the Pope or Clergie Answ. 1. Arnisaeus divideth oathes that are to be conjoyned we read not that Kings sweare to defend Religion in one oath and to administrate judgement and justice in another for David made not two Covenants but onely one with all Israel 2. The king was not King while he did swear this oath and therefore it must be a pactionall oath between him and the Kingdom and it is true the King receiveth not a Crown from the Church yet David received a Crowne from the Church for this end to feed the Lords people and so conditionally Papir Masse l. 3. Chron. Gal. saith The King was not king before the oath 2. That he did sweare to be a keeper not onely of the first but also of the second Table of the Law Ego N. Dei gratia mox futuras rex Francorum in die ordinationis mea coram Deo sanctis ejus polliceor quod servabo privilegia canonica justitiamque jus unicuique Praelato debitum vosque defendam Deo juvante quantum potero quemadmodum Rex ex officio in suo regno defendere debet unumquemque Episcopum ac Ecclesiam administrabo populo justitiam leges uti jus postulat And so is it ordained in the Councel of Tolet. 6. c. 6. Quisquis deinceps regni sortitus fuerit apicem non ante conscendat Regiam sedem quam inter reliquas conditiones sacramento policitus fuerit quod non sinet in regno suo degere cum qui non sit Catholicus All these by Scripture are oathâ—s of Covenant Deut. 17. ver 17 18. 2 Sam. 5.1 2 3 4. 2 Kings 11.17 18. Arnisaeus maketh a second oath of absolute Kings who sweare they shall raigne according to equitie and justice and he saith There is no need of this oath a promise is enough for an oath encreaseth not the obligation L. fin de non num pec Onelie it addeth the bound of Religion for there is no use of an oath where there is no paction of law against him that sweareth if he violate his oath There followeth onelie the punishment of Perjurie And the word of a Prince is as good as his oath onelie he condescendeth to sweare to please the people out of indulgence not out of necessitie And the King doth not therefore sweare because he is made King but because he is made King he sweareth And he is not King because he is crowned but he is crowned because he is King Where the Crowne goeth by succession the King never dieth and he is King by nature before he be crowned Answ. 1. This oath is the very first oath spoken of before included in the covenant that the King maketh with the people 2 Sam. 5.2 3 4. For absolute Princes by Arnisaeus his grant doth swear to do the duties of a King as Bodinus maketh the oath of France de Rep. l. 1. c. 8. Iuro ego per deum ac promittâ— me justè regnaturum judicium equitatem ac misericordiam facturum And papir Mass. l. 3. Chron. hath the same expresly in the particulars And by this a King sweareth he shall not be absolute and if he swear this oath he bindeth himself not to governe by the Law of the King whereby he may play the Tyrant as Saul did 1 Sam. 8.9 10 11 12 c. As all Royalists expound the place 2. It is but a poor evasion to distinguish betwixt the Kings promise and his oath for the promise and covenant of any man and so of the King doth no lesse bring him under a civil obligation and politique coaction to keep his promise then an oath for he that becometh surety for his friend doth by no civil Law sweare he shall be good for the sonne or performe in liew and place of the friend what he is to performe he doth onely covenant and promise and in law and politique obligation he is taken and snared by that promise no lesse then if he had sworne Reuben offereth to be caution to bring Benjamin safe home to his old father Gen. 42.37 Iudah also Gen. 43.9
limited or absolute Royall power to the Prince but if this power were immediately in God and from God how could the people have the husbanding of it at their need to expend it out in ounce weights or pound weights as they please And that the people may be Taverners of it to sell or give it is taught by Grotius de jur bel pac l. 1. c. 4. Barclai advers Monarch l. 4. c. 6. Arnisae cap. 6. de majest an princeps qui jurat subditis c. n. 10. n. se Aventiun Anal. l. 3. Chytreus l. 23. l. 28. Saxon Sleid. lib. 1. in fi yet Arnisaeus is not ashamed to cite Arist. po c. 12. l. 3. That he is not a true and absolute King who ruleth by Laws The point black contrary of which Aristotle saith QUEST XLI Whether doth the P. Prelate upon good grounds ascribe to us the doctrine of Jesuites in these Questions of lawfull defensive Wars THe P. Prelate without all ground will have us all Iesuites in this point but if we make good that this Truth was in Scripture before a Iesuite was in the earth he falleth fron his Cause P. Prelate The Begardi saith There was no Government no Law given to the just It fâ—â—reth me this age fancieth to it self some such thing and have learned of Core Dathan c. Ans. This Calumniator in the next words belieth himself when he saith We presuppose that these with whom we are to enter in Lists do willingly grant That Government is not onely lawfull and just but necessary both for Church and Common-wealth then we fancie no such thing as he imputeth to us P. Prelate Some said that the right of Dominion is founded on grace whether the Waldenses and Hus held any such Tenet I cannot now insist to prove or disprove Gerson and others held that there must be a new Title and Right to what men possesse Too many too confidently hold these or the like Answ. 1. That Dominion is founded upon Grace as its essentiall Pillar so as wicked men be no Magistrates because they are in mortall sin was falsly imputed to ancient Protestants the Waldenses Wickcliff and Hus by Papists and this day by Iesuites Suarez Bellarmine Becan The P. Prelate will leave them under this Calumny that he may offend Papists and Iesuites as little as he can but he would lay it on us but if the P. Prelate think that Dominion is not founded on Grace de jure that Rulers should have that spirit that God put on the seventy Elders for their Calling and that they ought not to be men fearing God and hating covetousnesse as Gerson and others did he belieth the Scripture 2. It is no errour of Gerson that beleevers have a spirituall Right to their civill possessions but by Scripture 1 Cor. 4.21 Revel 21.7 P. Prelate The Iesuites are ashamed of the errour of Casuists who hold that directum imperium the direct and primary power Supreme Civill and Ecclesiasticall is in the Pope and therefore they give an indirect directive and coercive power to him over Kings and States in ordine ad spiritualia So may he King and un-King Princes at his pleasure Our Presbyterians if they run not fully this way are very neer to it Answ. The Windy man would seem versed in School-men he should have named some Casuists who hold any like thing 2. The Presbyterians must be Popes because they subject Kings to the Gospel and Christs Scepter in Church Censures and think Christian Kings may be rebuked for blasphemy blood-shed c. Whereas Prelates in ordine ad diabolica murther souls of Kings 2. Prelates do King Princes An P. Arch-Prelate when our King was crowned put the Crown on King Charls Head the Sword and Scepter in his hand anointed him in his hands Crown shoulders arms with sacred Oyl The King must kisse the Archbishop and Bishops is not this to King Princeâ— in ordine ad spiritualia And these that Kingeth may unking and judge what relation the P. Arch-Bishop Spotwood had when he proffered to the King The Oath that the Popish Kings sweareth to maintain the professed Religion not one word of the true Protestant Religion and will carefully root out all Hereticks and enemies that is Protestants as the expone it to the true Worship of God that shall be convicted by the true Church of God of the foresaid crimes And when the Prelates professed they held not their Prelacies of the King but of the Pope indeed Who are then nearest to the Popes power in ordine ad spiritualia 3. How will this black mouthed Calumniator make Presbyterians to dethrone Kings He hath written a Pamphlet of the inconsistency of Monarchie and Presbyterian Government consisting of lies invented Calumnies of his Church in which he was baptized But the truth is all his Arguments prove the inconsistencie of Monarchs and Parliaments and transform any King in a most absolute Tyrant for which Treason he deserveth to suffer as a Traytor P. Prelate Q. 1. c. 1. The Puritan saith That all power Civill is radically and originally seated in the Communitie he here joyneth hands with the Jesuite Answ. In six pages he repeateth the same things 1. Is this such an Heresie that a Colonie casted into America by the Tyranny of P. Prelates have power to choose their own Governours all Israel was Hereticall in this for David could not be their King though designed and anointed by God 1 Sam. 16. till the people 2 Sam. 5. put forth in act this power and made David King in Hebron 2. Let the Prelate make a Syllogisme it is but ex utraque affirmante in secunda figura Logick like the bellies of the Court in which men of their own way is disgraced and cast out of Grace and Court because in this controversie of the King with his two Parliaâ—ents they are like Erasmus in Gods matters who said Lutherum nec accuso nec defendo 1. He is discourted who ever he be who is in shape like a Puritan and not fire and sword against Religion and his Countrey and Oath and Covenant with God and so it is this The Iesuite teacheth that power of Government is in the Communitie originally The Puritan teacheth that power of Government is in the Communitie originally Ergo The Puritan is a Iesuite But so the Puritan is a Iesuite because he and the Iesuite teacheth that there is one God and three persons And if the Prelate like this reasoning we shall make himself and the Prelates and Court-Divines Iesuites upon surer grounds Jesuites teach The Pope is not the Antichrist 2. Christ locally discended to Hell to free some out of that prison 3. It was sin to separate from Babylonish Rome 4. We are justified by works 5. The merit of fasting is not to be condemned 6. The Masse is no idolatry 7. The Church is the judge of controversies 8. All the Arminian points are safer to be beleeved then the contrary yea and
Deacons are no more admitted by Christ to enter into his sanctuary as governours then the Leaper into the Campe of old and the Moabite and Ammonite were to enter into the congregation of the Lord Deut. 23.3 therefore we have excommunicated this P. Prelate and such Moabites out of the Lords house 2. What be the things that doe not primely concerne salvation the P. Prelate knoweth to wit Images in the Church Altar worship Antichristian Ceremonies which primely concerne damnation 3. I understand not what the P. Prelate meaneth that the King preserveth externall Government in order and decency in Scotland in our Parliament 1633. the prescribed Surplice and he commanded the Service-booke and the Masse-worship The Prelate degradeth the King here to make him onely keep or preserve the Prelates Masse-Clothes they intended indeed to make the King but the Popes servant for all they say and do for him now 4. If the King be vicegerent of Christ in prescribing Laws for the externall ordering of the worship and all their decent symbolicall Ceremonies What more doth the Pope and the Prelate in that kinde He may with as good warrant Preach and Administrate the Sacraments P. Prelate Kings have the sign of the Crosse on their Crowns Answ. Ergo Baculus est in angulo Prelates have put a crosse in the Kings heart and crossed Crown and Throne to Really Some Knights some Ships some Cities and Burroughes do carry a crosse are they made Christs vice-gerents of late By what antiquity doth the Crosse signifie Christ Of old it was a badge of Christians no Religious Ceremony and is this all The King is the vicegerent of Christians The Prelates we know adore the Crosse with Religious worship so must they adore the Crown P. Prelate Grant that the Pope were the Vicar of Christ in spirituall things it followeth not Ergo Kings Crowns are subject to the Pope for Papists teach that all power that was in Christ as man as power to work miracles to institute Sacraments was not transmitted to Peter and his successors Answ. This is a base consequence Make the Pope head of the Church the King if he be a mixed person that is half a Church-man and Christs Vice-gerent both he and Prelates must be members of the head Papists teach that all in Christ as man cannot be transmitted to Peter but a Ministeriall Catholike Headship say Batcanus and his fellows was transmitted from Christ as man and visible head to Peter and the Pope P. Prelate I wish the Pope who claimeth so neer alliance with Christ would learn of him to be meek and humble in heart so should he finde rest to his own soul to Church and State Answ. The same was the wish of Gerson Occam the Doctors of Paris the fathers of the Concels of Constance and Basil yet all make him head of the Church 2. The Excommunicate Prelate is turned Chaplain to Preach to the Pope the Soul-rest that Protestants wish to the Pope is That the Lord would destroy him by the Spirit of his mouth 2 Thes. 2.8 But P. Prelates This wish is a Reformation of accidents with the safety of the subject the Pope and is as good as a wish That the Devill remaining a Devill may finde rest for his soul all we are to pray for as having place in the Church are supposed members of the Church The Prelate would not pray so for the Presbytery by which he was ordained a Pastour 1 Tim. 4.14 though he be now an Apostate It is gratitude to pray for his lucky father the Pope What ever the Prelate wish we pray for and beleeve that desolation shall be his Soul-rest and that the vengeance of the Lord and of his Temple shall fall upon him and the Prelates his sons P. Prelate That which they purpose by denying Kings to be Christs Vice-gerents is to set up a Soveraignty Ecclesiasticall in Presbyteries to constrain Kings repeal his Laws correct his Satutes reverse his Judgements to cite convent and censure Kings and if there be not power to execute what Presbyteries decrees they may call and command the help of the people in whom is the underived Majstie and promise and swear and covenant to defend their fancies against all mortall men with their Goods Lands Fortunes to admit no divisive motion and this Soveraign Association maketh every private man an armed Magistrate Answ. You see the Excommunicate Apostats tusses against the Presbytery of a Reformed Church from which he had his baptism faith ministery 1. We deny the King to be the head of the Church 2. We assert that in the Pastors Doctors and Elders of the Church there is a Ministeriall power as servants under Christ in his authority and name to rebuke and censure Kings that there is revenge in the Gospel against all disobedience 2 Cor. 2.6 and 10.6 The rod of God 1 Cor. 4.21 The rod of Christs lips Isai. 11.4 The Scepter and Sword of Christ Revel 1.16 and 19.15 The Keyes of his Kingdom to binde and loose open and shut Matth. 18.17 18. and 16.19 1 Cor. 5.1 2 3. 2 Thes. 3.14 15. 1 Tim. 1.19 and 5.22 and 5.17 And that this power is committed to the Officers of Christs house call them as you will 3. For reversing of Laws made for the establishing of Popery we think the Church of Christ did well to declare all these unjust grievous decrees and that woe is due to the Iudges even the Queen if they should not repent as Isai. 10.1 And this P. must shew his teeth in this against our Reformation in Scotland which he once commended in Pulpit as a glorious work of Gods right arm And the Assemble of Glaskow 1637. declared That Bishops though established by Acts of Parliament procured by Prelates onely Commissioners and Agents for the Church who betrayed their trust were unlawfull and did supplicate That the ensuing Parliament would annull these wicked Acts. They think God priviledgeth neither King nor others from Church-Censures the P. Prelates imprisoned and silenced the Ministers of Christ who preached against the publike sins the blood oppressions unjustice open swearing and blasphemy of the holy Name of God the countenancing of Idolaters c. in King and Court 4. They did never sought the help of the people against the most unjust standing Law of authority 5. They never swear and covenant to defend their own fancies For the Confession and Covenant of the Protestant Religion translated in Latin to all the Protestants in Europe and America being termed a fancie is a clear evidence That this P. Prelate was justly excommunicated for Popery 6. This Covenant was sworn by King James and his house by the whole Land by the Prelates themselves And to this fancy this P. Prelate by the Law of our Land was obliged to swear when he received degrees in the Universitie 7. There is reason our Covenant should provide against divisive motions The Prelates moved the King to command all the
were mixed persons and did all in the externall government of the Church and that by their office as they were Kings 7. All the instances that Augustine bringeth to prove that the King is a mixt person proveth nothing but Civill acts in Kings as Hezekiah cast down the high places the King of Nineve compelled to obey the Prophet Ionah Darius cast Daniels enemies to the Lyons P. Prelate If you make two Soveraignes and two Independents there is no more peace in the State then in Rebeckahs wombe while Jacob and Esau strove for the prerogative Ans. 1. What need Israel strive when Moses and Aaron are two Independents If Aaron make a golden Calfe may not Moses punish him If Moses turne an Achab and sell himselfe to doe wickedly ought not 80 valiant Priests and Aarons both rebuke censure and resist 2. p. 65. The P.P. said Let no man imagine we priviledge the King from the direction and power of the Church so he be no intruding Vzzah I pray P. P. what is this Church power Is it not supreme in its kinde of Church power or is it subordinate to the King If it be supreme see how P. P. maketh two Supremes and two Soveraignes If it be subordinate to the King as he is a mixt person the King is priviledged from this power and he may intrude as Vzzah and by his prerogative as a mixed person he may say Masse and offer a sacrifice if there be no power above his prerogative to curbe him If there be none the P.P. his imagination is reall The King is priviledged from all Church power Let the P.P. see to it I see no inconvenience for reciprocations of subjections in two Supremes and that they may mutually censure and judge one another Object Not in the same cause that is impossible If the King say Masse shall the Church judge and censure the King for intrusion and because the King is also Soveraigne and Supreme in his kinde he may judge and punish the Church for their act of judging and censuring the King it being an intrusion on his prerogative that any should judge the highest Judge Ans. The one is not subiect to the other but in the case of male-administration the innocent as innocent is subject to no higher punishing he may be subject to a higher as accusing citing c. Now the Royalist must give instance in the same cause where the Church faileth against the King and his Civill law and the King in the same cause faileth against the Church-canon and then it shall be easie to answer P. Prelate Religion is the bottome of all happinesse if you make the King only to execute what a Presbyterie commandeth he is in a hard case and you take from him the chiefest in Government Ecclesiasticall power hath the soule in subjection the Civill Soveraigntie holdeth a dead dominion ever the body Then the Pope and Presbyterie shall be in better condition then the King Cic. in Ver. Omnes Religione moventur Superstition is furious and maddeth people that they spare neither Crown nor Mitre Ans. Cold and dry is the P. P. when he spendeth foure pages in declamation for the excellencie of Religion The madnesse of Superstition nothing to the purpose 1. The King hath a chiefe hand in Church affaires when he is a Nurse-father and beareth the Royall sword to defend both the Tables of the Law though he doe not spin and weave Surplices and other base Masse-cloaths to Prelates and such Priests of Baal They dishonour his Majestie who bring his Prerogative so low 2. The King doth not execute with blind obedience with us what the Pope commandeth and the Prelates but with light of knowledge what Synods discernes and he is no more made the servant of the Church by this then the King of Iudah and Nebuchadnezzar are servants to Ieremiah and Daniel because they are to obey the Word of the Lord in their mouth Let them shew a reason of this why they are servants in executing Gods will in Discipline and in punishing what the Holy Ghost by his Apostles and Elders decree when any contemne the Decree concerning the abstinence from blood things strangled c. Act. 15. rather then when they punish murther idolatrie blasphemie which are condemned in the Word preached by Pastors of Christ and farther this objection would have some more colour realitie it hath not if Kings were only to execute what the Church ministerially in Christs name commandeth to be done in Synods but Kings may and doe command Synods to conveen and doe their duty and command many duties never Synodically decreed as they are to cast out of their Court apostate Prelates sleeping many yeares in the Devils armes and are to command Trencher-Divines neglecting their flock and lying at Court attending the falling of a dead Bishop as Ravens doe an old dying horse To goe and attend the flock and not the Court as this P. P. did 3. A King hath greater outward glory and may doe much more service to Christ in respect of extension and is excellenter then the Pastor who yet in regard of intension is busied about nobler things to wit the Soule the Gospel Eternitie than the King 4. Superstition maddeth men but it followeth not that true Religion may not set them on work to defend soule and body against Tyrannie of the Crown and Antichristian Mitres P. Prelate The Kingdome had peace and plentie in Prelates time Ans. A belly-argument We had plenty when we sacrificed to the Queen of Heaven 2. If the Traveller contend to have his purse againe shall the Robber say Robberie was blessed with peace The rest to the end are lies and answered already Only his invectives against ruling Elders falsly called Lay-Elders are not to purpose Parliament-Priests and Lay and Court-Pastors are Lay-Prophets 2. That Presbyteries meddle with Civill businesse is a slander They meddle with publike scandals that offendeth in Christs Kingdome But the Prelate by office was more in two elements in Church and State then any Frogs even in the Kings Leavenâ—tubs ordinarily 3. Something he saith of Popes usurping over Kings but only of one of his fathers a great uncleane spirit Gregorie the Great But if he had refuted him by Gods Word he should have thrown stones at his own Tribe for Prelates like him doe ex officio trample upon the neck of Kings 4. His testimonies of one Councell and one Father for all Antiquitie proveth nothing Athanasius said God hath given Davids Throne to Kings What to be Head of the Church No to be the Minister of God without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the Church And because Kings reigne by Christ as the Councell of Arimin saith therefore it may follow a Baily is also Head of the Church It is taken from Prov. 8. and answered 5. That Presbyteries have usurped upon Kings more then Popes since Hildebrand is a lie all stories are full of the usurpation of Prelates his own
be regarded This is a strong Argument that the Parliaments never made the King supreame Iudge Quoad actus elicitos in all causes nay not if the King have a Cause of his owne that concerneth Lands of the Crowne farre lesse can the King have a will of Prerogative above the Law by our Lawes of Scotland And therefore when in the eighth Parliament King Ia. 6. the Kings Royall Power is established in the first Act the very next act immediatly subjoyned thereunto declareth the authority of the supreame Court of Parliament continued past all memory of man unto this day and constitute of the free voices of the three estates of this ancient Kingdome which in the Parliament 1606. is called The ancient and fundamentall policy of this Kingdome and so fundamentall as if it should be innovate such confusion would ensue as it could no more be a free Monarchy as is exprest in the Parliaments printed Commission 1604. by whom the same under God hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the Lawes and Acts of Parliament by which all men are governed made and established and appointeth the Honour Authority and Dignity of the Estates of Parliament to stand in their owne integrity according to the ancient and laudable custome by past without alteration or diminution and therefore dischargeth any to presume or take in hand To impugne the dignity and the authority of the said Estates or to seeke or procure the innovation or diminution of their power or authority under the paine of Treason and therefore in the next Act they discharge all Iurisdictions or Judicatories albeit appointed by the Kings Majesty as the High Commission was without their Warrant and approbation and that as contrary to the fundamentall Laws above titled 48. Act. Parl. 3. K. Ia. 1. and Act. 79. Parl. 6. King Ia. 4. whereby the Lieges should only be ruled by the Lawes or Acts past in the Parliament of this Kingdome Now what was the ancient Dignity Authority and power of the Parliaments of Scotland which is to stand without diminution that will be easily and best known from the subsequent passages or Historians which can also be very easily verified by the old Registers whensoever they should be produced In the meane time remember that in Parliament and by Act of Parl. K. Ia. 6. for observing the due order of Parliament promiseth never to doe or command any thing which may directly or indirectly prejudge the libertie of free reasoning or voting of Parliament K. Ia. 6. Parl. 11. Act. 40. And withall to evidence the freedome of the Parliament of Scotland from that absolute unlimited Prerogative of the Prince and their libertie to resist his breaking of Covenant with them or Treaties with forraigne Nations Ye shall consider 1. That the Kings of Scotland are obliged before they be inaugurate to sweare and make their faithfull Covenant to the true Kirk of God that they shall maintaine defend and set forward the true Religion confessed and established within this Realme even as they are obliged and astricted by the Law of God aswell in Deuteronomie as in the 11 chap. of the 2. book of the Kings and as they crave obedience of their subjects So that the bond and contract shall be mutuall and reciprocall in all time comming between the Prince and the People according to the Word of God as is fully exprest in the Register of the convention of Estates Iuly 1567. 2. That important Acts and Sentences at home whereof one is printed 112 Act. Parl. 14. K. Ia. 3. and in Treaties with Forraigne Princes the Estates of Parliament did append their severall Seales with the Kings Great Seale which to Grotius Barclaius and Arnisaeus is an undeniable argument of a limited Prince as well as the stile of our Parliament that the Estates with the King ordaine ratifie rescind c. as also they were obliged in case of the Kings breaking these Treaties to resist him therein even by armes and that without any breach of their allegiance or of his Prerogative as is yet extant in the records of our old Treaties with England and France c. But to goe on and leave some high mysteries unto a rejoynder And to the end I may make good that nothing is here taught in this Treatise but the very Doctrine of the Church of Scotland I desire that the Reader may take notice of the larger Confession of the Church of Scotland printed with the Syntagme and body of the Confessions at Geneva anno MDCXII and authorized by King Iames the 6. and the three Estates in Parliament and printed in our Acts of Parliament Parl. 15. K. Iames 6. An. 1567. Amongst good works of the Second Table saith our Confession art 14. are these To honour Father Mother Princes Rulers and superiour Powers To love them to support them yea to obey their Charge not repugning to the commandement of God to save the lives of innocents to represse Tyrannie to defend the oppressed to keep our bodies cleane and holy c. The contrary whereof is To disobey or resist any that God hath placed in Authoritie while they passe not over the bounds of their office to murther or to consent thereunto to beare hatred or to let innocent blood be shed if we may withstand it c. Now the Confession citeth in the margin Ephes. 6.1.7 and Ezek. 22.1 2 3 4 c. where it is evident by the name of Father and Mother all inferiour Iudges as well as the King and especially the Princes Rulers and Lords of Parliament are understood 2. Ezek. 22. The bloody City is to be judged because they releeved not the oppressed out of the hand of bloody Princes v. 6. who every one of them were to their power to shed innocent blood 3. To resist superiour powers and so the Estates of Parliament as the Cavaliers of Scotland doe is resistance forbidden Romans 13.1 the place is also cited in the confession And the Confession exponeth the place Romans 13. according to the interpretation of all sound Expositers as is evident in these words Art 24. And therefore we confesse and avouch that such as resist the supreame power doing that thing which appertaineth to his charge doe resist Gods ordinance and therefore cannot be guiltlesse And further we affirme that whosoever denyeth unto them aide their counsell and comfort while as the Princes and Rulers vigilantly travell in execution of their Office that the same men deny their helpe support and counsell to God who by the presence of his Lieutenant craves it of them From which words we have cleare 1. That to resist the King or Parliament is to resist them while as they are doing the thing that appertaineth to their charge and while they vigilantly travell in the execution of their office But while King and Parliament doe acts of Tyranny against Gods Law and all good Lawes of men they doe not the things
cast in a word of other Confessions lest we seeme to be Iesuites alone The Confession of Helvetia saith c. 30. de Magistratu Viduas pupillos afflictos asserat Every Magistrate is to defend the widow the orphan and the oppressed The French Confession saith art 40. Affirmamus ergo parendumesse Legibus Statutis solvenda Tributa subjectionis denique jugum voluntariè tolerandum etiamsi infideles fuerint Magistratus dummodo Dei summum imperium integrum illibatum maneat So cleare it is that all active obedience is due to all Magistrates and that that yoake of passive obedience is to be tolerated but conditionally with a dummodo so as the Magistrate violate not the supreme commandement of the King of Kings And we know accordingly Protestants of that Church have taken defensive armes against their King But our P. Prelate can say The Confessions of Scotland Helvetia France and all the Reformed Churches are Jesuiticall when as it was the doctrine of the Waldenses Protestants and Luther Calvin and others while as there was no Iesuite on earth The 37. Art of the Church of Englands Confession is so far from erecting an absolute power in the King that they expresly bring down the Royall Prerogative from the high seat and transcendent superlative power above the Law and expone the Prerogative to be nothing but meere Law-power We only say they ascribe that Prerogative to the King which the Scripture doth ascribe to all Godly Princes that is that they cause all committed to their trust whether Ecclesiasticall or Civill persons doe their duty and punish with the Civill sword all disobedient offenders In syntag Confess And this they say in answer to some who beleeved the Church of England made the King the Head of the Church The Prelates Convocation must be Iesuites to this P. P. also So the 36. Article of the Belgick Confession saith of all Magistrates no lesse then of a King We know for Tyrannie of Soule and Body they justly revolted from their King Idcirco Magistratus ipsos gladio armavit ut malos quidem plectant paenis probos vero tueantur Horum porro est non modo de Civili politia conservanda esse solicitos verum etiam dare operam ut sacrum Ministerium conservetur omnis Idololatria adulterinus Dei cultus è medio tollatur regnum Antichristi diruatur c. Then all Magistrates though inferiour must doe their duty that the Law of God hath laid on them though the King forbid them But by the Belgick Confession and the Scripture it is their duty to relieve the oppressed to use the sword against murthering Papists and Irish Rebels and destroying Cavaliers For shall it be a good plea in the day of Christ to say Lord Iesus we would have used thy sword against bloody Murtherers if thy Anoynted the King had not commanded us to obey a mortall King rather than the King of ages and to execute no judgement for the oppressed because he judged them faithfull Catholike subjects Let all Oxford and Cavalier Doctors in the three Kingdomes satisfie the consciences of men in this that inferior Iudges are to obey a Divine Law with a proviso that the King command them so to doe and otherwise they are to obey Men rather then God This is evidently holden forth in the Argentine Confession exhibited by foure Cities to the Emperour Charles the Fifth An. M.D.XXX. in the same very cause of innocent Defence that we are now in in the three Kingdomes of Scotland England and Ireland The Saxonick Confession exhibited to the Councell of Trent An. M.D.LI. art 23 maketh the Magistrates office essentially to consist in keeping of the two Tables of Gods Law and so what can follow hence but in so far as he defendeth Murtherers or if he be a King and shall with the sword or Armies impede inferior Magistrates for the Confession speaketh of all to defend Gods law and true Religion against Papists Murtherers and bloody Cavaliers and hinder them to execute the judgement of the Lord against evill doers He is not in that a Magistrate and the denying of obedience active or passive to him in that is no resistance to the Ordinance of God but by the contrary the King himselfe must resist the ordinance of God The Confession of Bohemia is clear art 16. Qui publico munere magistratuque funguntur quemcunquegradū teneant se non suum sed Dei opus agere sciant Hence all inferior or the supreme Magistrate what ever be their place they doe not their own work nor the work of the King but the work of God in the use of the sword Ergo they are to use the sword against bloody Cavaliers as doing Gods worke suppose the King should forbid them to doe Gods worke And it saith of all Magistrates Sunt autem Magistratuum partes ac munus omnibus ex aequo jus dicere in communem omnium usum sine personarum acceptatione pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis hanc inter turbantibus poenas sumere aliosque omnes ab eorum vi injuria vindicare Now this Confession was the faith of the Barons and Nobles of Bohemia who were Magistrates and exhibited to the Emperor An. 1535. in the cause not unlike unto ours now and the Emperor was their Soveraigne yet they professe they are obliged in conscience to defend all under them from all violence and injuries that the Emperor or any other could bring on them and that this is their office before God which they are obliged to performe as a worke of God and the Christian Magistrate is not to doe that worke which is not his own but Gods upon condition that the King shall not inhibite him What if the King shall inhibite Parliaments Princes and Rulers to relieve the oppressed to defend the Orphan the Widow the Stranger from unjust violence Shall they obey man rather than God To say no more of this Prelates in Scotland did what they could to hinder his Majestie to indict a Parliament 2. When it was indicted to have its freedome destroyed by prelimitations 3. When it was sitting their care was to divide impede and anull the course of Iustice. 4. All in the P. Prelates booke tendeth to abolish Parliaments and to enervate their power 5. There were many wayes used to break up Parliaments in England And to command Iudges not to judge at all but to interrupt the course of Iustice is all one as to command unrighteous judgement Ier. 22. v. 3. 6. Many wayes have been used by Cavaliers to cut off Parliaments and the present Parliament in England The paper found in William Lauds Studie touching feares and hopes of the Parliament of England evidenceth that Cavaliers hate the Supreme seat of Iustice and would it were not in the World which is the highest rebellion and resistance made against superior Powers 1. He feareth this Parliament shall begin
where the last left Ans. What ever ungrate Courtier had hand in the death of King Iames deserved to come under Tryall 2. He feareth they sacrifice some man Ans. If Parliaments have not power to cut off Rebels and corrupt Iudges the root of their being is undone 2. If they be lawfull Courts none needeth feare them but the guilty 3. He feareth their Consultations be long and the supply must be present Ans. Then Cavaliers intend Parliaments for Subsidies to the King to foment and promote the warre against Scotland not for Iustice. 2. He that feareth long and serious consultations to rip up and launce the wounds of Church and State is affraid that the wounds be cured 4. He feareth they deny Subsidies which are due by the Law of God Nature and Nations whereas Parliaments have but their deliberation and consent for the manner of giving otherwise this is to sell Subsidies not to give them Ans. Tribute and the standing Revenues of the King are due by the Law of God and Nations but Subsidies are occasionall Rents given upon occasion of Warre or some extraordinary necessity and they are not given to the King as Tribute and standing Revenues which the King may bestow for his House Family and Royall Honour but they are given by the Kingdome rather to the Kingdome then to the King for the present warre or some other necessity of the Kingdome and therefore are not due to the King as King by any Law of Nature or Nations and so should not be given but by deliberation and judiciall sentence of the States and they are not sold to the King but given out by the Kingdome by Statute of Parliament to be bestowed on the Kingdome and the King should sell no Acts of Justice for Subsidies 5. He dare not speake of the consequences if the King grant Bills of Grace and part with the flowers of the Crowne Ans. He dare not say The people shall vindicate their liberty by selling Subsidies to buy branches of the Prerogative Royall and diminishing the Kings fancied absolutenesse so would Prelates have the King absolute that they may ride over the soules purses persons estates and Religion of men upon the horse of pretended absolutenesse 6. He feareth the Parliament fall upon Church businesse but 1. The Church is too weake already if it had more power the King might have more both obedience and service 2. The Houses can be no competent Iudges in point of Doctrine 3. For the King Clergy and Convocation are Iudges in all causes Ecclesiasticall Ans. 1. This striketh at the root of all Parliamentary power 1. The P. P. giveth them but a poore deliberative power in Subsidies and that is to make the Kings Will a Law in taking all the subjects goods from them to foment warre against the subjects 2. He taketh all jurisdiction from them â—ver Persons though they were as black Traitors as breathe 3. And spoileth them of all power in Church matters to make all Iudges yea and the King himselfe yield blind obedience to the Pope and Prelate and their illuminated Clergie Sure I am P. Maxwell imputeth this but most unjustly to Presbyteries What essentiall and fundamentall priviledges are left to Parliaments David and the Parliament of Israel are impertinent Iudges in the matter of bringing home the Ark of God And for the Churches weaknesse that is the weaknesse of the damned Prelates shall this be the Kings weaknesse Yes the P.P. must make it true No Bishop no King 7. He feareth factious spirits will take heart to themselves if the King yield to them without any submission of theirs Ans. The Princes and Iudges of the Land are a company of factious men and so no Parliament no Court but at best some good advisers of a King to breake up the Parliament because they refuse Subsidies that he may be a lawlesse way extort Subsidies 8. He desireth the Parliament may sit a short time that they may not well understand one another Ans. He loveth short or no justice from the Parliament he feareth they reforme Gods house and execute justice on men like himselfe But I returne to the Scotish Parliament Assert 2. The Parliament is to regulate the power of the King The heritable Sheriffes complaine that the King granteth Commissions to others in cases perteining to their office Whereupon the Estates Par. 6. K. Iam. 5. Act. 82. dischargeth all such Commissions as also appointeth that all Murtherers be judged by the Iustice generall only And in severall Acts the King is inhibited to grant pardons to malefactors K. Ia. 6. Act. 75. P. 11. It is to be considered that King Iames in his Basilicon Doron layeth down an unsound ground that Fergus the first father of 107 Kings of Scotland conquered this Kingdom The contrary whereof is asserted by Fordome Major Boethius Buchannan Hollanshed who run all upon this Principle That the Estates of the Kingdome did 1. Choose a Monarchie and freely and no other Government 2 That they freely elected Fergus to be their King 3. King Fergus frequently conveened the Parliament called Inâ—ulanorum Duces Tribuum Rectores Majorum consessus Conventus Ordinum conventus Statuum Communitatum Regni Phylarchi Primores Principes patres and as Hollanshed saith they made Fergus King therefore a Parliament must be before the King yea and after the death of King Fergus Philarchi coeunt concione advocatâ the Estates convened without any King and made that fundamentall Law Regni electivi That when the Kings Children were minores any of the Fergusian Race might be chosen to Reigne and this indured to the daies of Kennethus and Redotha Rex 7. resigneth and maketh over the Government into the hands of the Parliament and Philarchi Tribuum Gabernatores ordained Therius the 8. King Buchanan l. 4. Rer. Scot. calleth him Reutha and said he did this Populo egrè permittente then the Royall Power recurred to the fountaine Therius the 8. a wicked man filled the Kingdome with Roberies fearing that the Parliament should punish him fled to the Britaines and thereupon the Parliament choose Connanus to be Prorex and protector of the Kingdome Finnanus R. 10. Decreed Ne quid Reges quod majoris esset momenti nisi de publici consilii authoritate juberent ne domestico consilio remp administrarent regia publicaque negotia non sine patrum consultatione ductuque tractarentur nec bellum pacem aut faedera reges per se patrum Tribuumve Rectorum injussu facerent demerentue Then it is cleare that Parliaments were consortes imperii and had Authority with and above the King When a Law is made that the Kings should doe nothing Injussu rectorum tribuum without commandement of the Parliament a Cabinet Counsell was not lawfull to the Kings of Scotland So Durstus Rex XI sweareth to the Parliament Se nihil nisi de primorum consilio acturum That he shall doe nothing but by counsell of the Rulers and Heads of
Confession of Faith being ratified in Acts made by the three Estates that the Kings must sweare at their Coronation In the presence of the eternall God that they shall maintaine the true Religion right Preaching and administration of the Sacraments now received and preached within this Realme and shall abolish and gain-stand all false Religions contrary to the same and shall rule the people committed to their charge according to the will of God laudable Lawes and Constitutions of the Realme c. The 1. Parl. of K. Iames the 6. 1567. approveth the Acts Parl. 1560. conceived only in name of the States without the King and Queen who had deserted the same So saith the Act 2.5.4.20.28 And so this Parliament wanting the King and Queenes authoritie is confirmed Parl. 1572. Act. 51. K. Ia. 6. and Parl. 1581. Act. 1. and Parl. 1581. Act. 115. in which it is declared That they have been Common lawes from their first Date and all are ratified Parl. 1587. and Parl. 1592. Act. 1. and stand ratified to this day by K. Charles his Parliament An. 1633. The Act of the Assemblie 1566. commendeth that Parliament 1560. as the most lawfull and free Parliament that ever was in the Kingdome Yea even Parl. 1641. King Charles himselfe being present an Act was passed upon the occasion of the Kings illegall imprisoning of the Laird of Langtoune That the King hath no power to imprison any Member of the Parliament without consent of the Parliament Which Act to the great prejudice of the libertie of the Subject should not have been left unprinted for by what Law the King may imprison one Member of the Parliament by that same reason he may imprison two and twenty and a hundreth and so may he clap up the whole Free Estates and where shall then the highest Court of the Kingdome be All Polititians say The King is a limited Prince not absolute where the King giveth out Lawes not in his own name but in the name of himselfe and the Estates judicially conveened Pag. 33. of the old Acts of Parliament Members are summoned to treat and conclude The duty of Parliaments and their power according to the Laws of Scotland may be seen in the Historie of Knox now printed at London An. 1643. in the Nobles proceeding with the Queen who killed her Husband and maried Bodwell and was arraigned in Parliament and by a great part condemned to death by many to perpetuall imprisonment King Charles received not Crown Sword and Scepter while first he did sweare the Oath that King Iames his Father did sweare 2. He was not crowned till one of every one of the three Estates came and offered to him the Crown 3. With an expresse condition of his duty before he be crowned After King Charles said I will by Gods assistance bestow my life for your defence wishing to live no longer then that I may see this Kingdome flourish in happinesse Thereafter the King shewing himselfe on a Stage to the people the P. Archbishop said Sir I doe present unto you King Charles the right descended inheritor the Crown and dignitie of this Realme appointed by the Peeres of the Kingdome And Are ye not willing to have him for your King and become subject to him The King turning himselfe on the stage to be seen of the People They declare their willingnesse by crying God save King Charles Let the King live QUEST XLIV Generall results of the former Doctrine in some few Corollaries or straying Questions fallen off the Road-way answered briefly QUest 1. Whether all Governments be but broken Governments and deviations from Monarchie Answ. It is denyed There is no lesse somewhat of Gods authoritie in Government by many or some of the choisest of the People than in Monarchie nor can we judge any Ordinance of Man unlawfull for we are to be subject to all for the Lords sake 1 Pet. 2.13 Tit. 3.1 1 Tim. 2.1 2 3.2 Though Monarchie should seeme the rule of all other Governments in regard of resemblance of the supreme Monarch of all Yet is it not the morall rule from which if other Governments shall erre they are to be judged sinfull deviations Quest. 2. Whether is Royaltie an immediate issue and spring of Nature Answ. No For man fallen in sinne knowing naturally he hath need of a Law and a Government could have by reason devised Governors one or moe and the supervenient institution of God comming upon this Ordinance doth more fully assure us that God for mans good hath appointed Governours but if we consult with Nature many Iudges and Governors to fallen Nature seeme nearer of blood to Nature then one only for two because of mans weaknesse are better then one Now Nature seemeth to me not to teach that one onely sinfull man should be the sole and onely Ruler of a whole Kingdome God in his Word ever joyned with the Supreme Ruler many Rulers who as touching the essence of a Iudge which is to rule for God were all equally Iudges some reserved Acts or a longer cubite of power in regard of extent being due to the King Quest. 3. Whether Magistrates as Magistrates be naturall Answ. Nature is considered as whole and sinlesse or as fallen and broken In the former consideration that either man should stand in need of any to compell him with the sword to doe his duty and not oppresse was no more naturall to man than to stand in need of Lictors and Hangmen or Physitians for the body which in this state was not in a capacitie of sicknesse or death And so Government by Parents and Husbands was only naturall in the latter consideration Magistrates as Magistrates are two wayes considered 1. According to the knowledge of such an Ordinance 2. According to the actuall erection of the practice of the office of Magistrates In the former notion I humbly conceive that by Natures light Man now fallen and broken even under all the fractions of the powers and faculties of the soule doth know that promises of reward feare of punishment and the coactive power of the Sword as Plato said are naturall meanes to move us and wings to promote obedience and to doe our duty And that Government by Magistrates is naturall But in the second relation it is hard to determine that Kings rather then other Governours are more naturall Quest. 4. Whether Nature hath determined that there should be one supreme Ruler a King or many Rulers in a free Commnitie Answ. It is denyed Quest. 6. Whether every free Commonwealth hath not in it a supremacie of Majestie which it may formally place in one or many Answ. It is affirmed Quest. 6. Whether absolute and unlimited power of Royaltie be a ray and beame of Divine Majestie immediately derived from God Answ. Not at all Such a creature is not in the world of Gods creation Royalists and flatterers of Kings are parents to this prodigious birth There is no shadow of power to doe ill in God An
to the people in making a King 2 Sam. 16.18 is given to God 1 King 12.28 Kinging of a person ascribed to the people Kings in a speciall manner from God but it followeth not ergo not from the people Ib. c 24. Kings are from God yet from the people also The place Prov. 8.15 proveth not but Kings are made by the people Thom. 12. q. 93. art 3. Pag. 30. Dr. Fern 3. â— 13. The formes of Government not from God by a naked act of Providence but by his approving will cap. 4. pag 41 Soveraigntie not from the people by sole approbation That Kings in an eminent 〈◊〉 of divine providence have their crownes from God hindreth not but they have their crownes from the people also Phrases ascribing the making of Kings in a peculiar manner to God prove not that the free will of the people hath no hand in the making Kings Prophesies of Christ expounded by the P. Prelate of prophane Heathen Kings The P. Prelate expoundeth Prophesies of David Solomon and Iesus Christ as true of prophane heathen Kings Sacro sancta Maj. 43.44 The P. P. maketh all the Heathen Kings to be anoynted with grace from Heaven (a) Aug. in locum uâ—xi manum fortem servum obedientâ—m ideo in â—o posui adjutorium (b) Lyra. Gratia est habitualis quia stat pugil contra diabolum (c) Gloss. ordin (d) Hugo Cardinalis Oleo laetitia quo prae consortibus unctus fuit Christus Ps. 45. (e) Bellarm. ib. (f) Lorinus (g) Theodatus (h) Ainsworth annot (i) 1 Sam. 16 1.13 14. Luk. 4.18.21 Io. 3. â—4 (k) Iunius annot in loc (l) Mollerus com ibid. 〈…〉 of the Church and Christ by the P P. expâ—unded of profane Kings (a) Chald. par (b) Diodat an (c) Ainsworth Athanasius Eusebius Origen Augustine Dydimus (d) Ainsw an iâ— v. 5. The excellency of Kings maketh them not of Gods only constitution and designation Antonin de dominis Archiepis de dom l. 6. c. 2. n. 5 6. seq How Soveraigntie is in the people and how not A Community doth not surrender their right and libertie to their Rulers so much as their power active to do and passive to suffer unjust violence Gods losing of the bond of Kings by the mediation of the peoples dispising him proveth against P. P. that the Lord taketh and giveth Royall Majesty mediately The subordination of creatures naturall not voluntary as is the subordination of people to Kings and Rulers 7. Arg. pag. 51.52 The place Gen. 9.5 He that sheddeth mans blood c. (a) Quint. Curtius l. 5. (b) Aug. de civ Dei l. 16. c. 17. (c) Euseb. in exo Cronic (d) Hieron in c. 2. Hos. (e) Euseb. l. 9. de prepar Evan. c. 3. (f) Clemens recog l. 4. (g) Pirerius in Gen. c. 10. v. 8 9. disp 3. n. 67. Illud quoque mihi fit percredibile Nimrod fuisse eundem atque enim quem alia appellant Belum patreâ— Niâ—i (i) Euseb. prolog l. 1. Chron. (k) Paul Orosius l. 1. de Ormesta mundi (l) Hieron in traditio Hebrei in Gen. (m) Tostat. Abulensan Gen. c. 10.9.6 (n) Calvin com (o) Iosephus in c. 10. Ge. (p) Luth. cò ib. (q) Musculus (q) Calv. com Quanquam hoc loco non simpliter fertur lex politica ut plectantur homicidae (r) Ainsw com (r) Calv. in lect (s) Mortar (t) Pirerius in Gen. â— 9 v. 3 4. n. 37. Vatablus hath divers interpretations In homine id est in conspectu omnium publicè aut in homine i.e. hominibus testificantibus alii in homine i. e. propter hominem quia occidit hominem jussu magistratus Cajetan expoundeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra hominem in despight of man (h) Calvin com in c. 9. Gen. (s) Mortar (t) Pirerius in Gen. â— 9 v. 3 4. n. 37. Vatablus hath divers interpretations In homine id est in conspectu omnium publicè aut in homine i. e. hominibus testificantibus alii in homine i. e. propter hominem quia occidit hominem jussu magistratus Cajetan expoundeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra hominem in despight of man (a) M. Anto. de domini Arch. Spalatens l. 6. c. 2. n. 5.6 〈◊〉 petius hâ—bet a natura non tam vim aâ—â—ice rectivam aut gubernativâ—m quam inclinationem passive re gibilem ut ita loquar gubernabilem qua volens libens sese submittit rectoribus c. (b) Almain de potest La. 1 q. 1. c. 1.6 q. 2.3 5. (c) Navarrus (d) Nem. don iud not 3. n. 85. In any community there are active and passive power to government Pag. 95 96. Spalâ—tensis Ibid pag. 648. Popular Government is not that in which the whole people are Governors People by nature are equally indifferent to all the three forms of Government 〈◊〉 16. August de lib. arb l. 1. c. 6. â—i deprauatus populus rem privatam Reipub. preserat atque habeat venale suffragium corruptusque ab iiâ— qui honoros aâ—nant regnum in sefactiosis consâ—â—leratisque committat non ne item rectê si quis tunc extilerit vir bonus qui plurimum possit adimat huic populo potestatem dandi honores in pavcorum bonorum vel etiam unjus red regat arbitrium Pag. 97. sacr sanc regum majest The P. Prelate holdeth the Pope noâ— to be the Antichrist but that as Papists say the Antichrist shal be one single man The bad successe of Kings chosen by the people proveth nothing because Kings chosen by God had bad successe through their own wickednesse The P. Prelate condemneth King Charles his ratifying in Parliament 2. An. 1641. the proceedings of Scotland in this present Reformation That any are supreme Iudges is an eminent act of speciall providence which hindereth not but that the King is made by the people The people not patients in making a King as is water in producing grace in baptisme Barclaius contr Monarch l. 4. c. 10. p. 268. ut hostes publicos non solù ab universo populo sed à singulis etiam â—mpeti oâ—edique jure optimo posse tota Antiquitas â—ensuit â—ow the people is the subject of Soveraigntie Sac. Reg. Maj. The sacred anâ— royall prerogative of King c. 9. p. 101.102 Stollen from Barclaius The power of Parliaments The Parliament hath more power then the King C. 10. pag. 105. C. 16.105 106 107. Iudges and Kings differ Cap. 15. p. 147 148. Barclaius contra Monarchum l. 5. c. 12. Idem l. 3 c. ult pag. 2 3. People may resume their power in some cases not because they are infallible but because they cannot so easily erre as one man That the Sanedrim punished not David Bathsheba Ioab proveth nothing in law as a fact or non fact is not law (a) Covarruvias tom 2. pract â—uest c. 1. n. 2 3 4 Spalato de rep eccles l. 6. c. 2. n. 32. Sa. sa maj The sacred and royall prerogative of Kings c. 7. p. 82 83
sanc Maâ— c. 13. p. 130. stolen out of Arnisaeus dâ— jure Majest cap. 3. n. 1. pag. 34. Quod â—fficit tale c. holdeth when the agent maketh not away all its vertue by alienation 8. Rep. Sacr. sanc Mai. pag. 131. Propter quod unumquodque c. not understood by the P. P. The King hath Soveraignty by loane and in trust Soveraigntie how in the Communitie how not Power of life and death how in the Communitie A Communitie of it selfe wanting Rulers is a Politique body and how Sacr. sanc maj c. 4. p. 43. The propagation of Kings is by filiation saith the P.P. A speech that hath neither sense nor reason Filiation is later then propagation one must be propagated ere he be a sonne Kings and inferior Iudges Gods analogically Inferiour Iudges no lesse Gods immediate Vicars then the King The conscience of the inferiour Iudge is immediately subordinate to God not to the King either mediately or immediaâ—ely Grotius de jure Belli 〈◊〉 l. 1. c. 4. Nam â—â—nis faculeas gubernandi in Magistratibus summae potestati ita subjicitur ut quiâ—quid conâ—ra voluntatem summi imperantis faciant id dosectum sit ca facultate ac proinde de pro actu privato â—abendum Grotius ibi species intermedia si genus respicias est species si speciem infra positam est genus ita magistratus illi inferiorum quidem ratione habita sunt publicae personae at supper ores si considerentur sunt privati Grot. 16. Inferiour Iudges truely Iudges in relation to the King The 〈◊〉 judge how the Deputy of the King Inferiour Iudges powers ordained of God Rebuked for perverting judgement They are the Ministers of God To resist them is to resist God They are Gods By this the Parliament of both Kingdomes ought to put to death cut-rhroat Cavaliers â—aising warre against the subject though the King commands the contrary Sac. Sanc. mai c. 4. pag. 46. How the King judgeth by inferiour Iudges Simmons loyall subjects beleif Sect. 1. pag. 3. The honour of an inferiour Iudge commeth neither from East nor from West more then from the King Argu. 9. Power of Kings and of inferiour Iudges dister gradually not specifically The specifick acts and formall object of Kings and inferiour Iudges are the same The same obligation of consâ—iencâ— that lyeth on the King in all things lyeth on the inferiour Iudge Inferiores Iudices sunt impropriè Vicarii Regis quoad missionem externam ad officium sed immediati Dei vicarii quoad officium in quod missi sunt Barcl l. 2. contr Monarchom p. 56 57. Arnisaeus de authorit Princ. c. 3. n. 9. Marant disp 1. Zoan tract 3. de desens Mynsing obs 18. cent 5. Symmons sect 1 p. 2. The Iudges of Israel and the Kings after them differed but not essentially Sacr. sanct maj 6.7 p. 81 82. Nature is as neare to Aristocracy as to Monarchy for the wife cannot be under the husband as a subject under a Monarch slie by the fift Commandement hath a joynt headship with the husband Iudges inferiour depend on the King in fieri when the constitution of the Kingdome is such but not in facto esse nor in their essence Arg. 10. Inferiouâ— Iudges after the King is dead as also the States of Parliament remain Iudges Arg. 11. God not the absolute Prâ—nce maketh the inferiour Iudges No heritable Iudges according to Gods Word Inferiour Iudges more necessary in a large Kingdom then the Kâ—ng and so Aristocracy in that more sutable to the naturall end of government then Monarchy Principes sunt capitis tempora Rex â—ertex Elders of a land joyntly in Parliament must have as much if not more viâ— uniâ—a sortior then when they are divided in severall tribes cities shires but divided they are as essentially Iudges as the King The whole must have more power in extension then the part Jer. 38.25 they had power against the Kings will to put Ieremiah to death Ieremiah saith Doe whatsoever soemeth good to you v. 10. The power of conveening Parliaments in the Estates without the King Ps. 122.2 3. Why are thrones set for judgement for all the tribes if only the King judge Tables in Scotland lawfull The inferiour Iudges are not subject in their conscience to the King in their acts of judgement either quoad â—â—â—cifiâ—ationem to give unjust sentences at his will nor quo ad 〈◊〉 to execute or not execute judgement for the oppressed Vnjust judgeing and no judging at all are sinnes in the States Junius Brut. q. 2. p. 51. vin l. contr Tyran The Parliament Iudges not advisers only Ieferiour Iudges not the Legats or Servants or Messengers of the King Publick Government belongeth to the States and Elders as to the King Arg. 8. Arg. 9. Arg 10. Arg. 11. Ferne par 3. Defence Sect. 3. pag. pag. 12 The question is not if the King be so absolute as he is freed from all Morall restraint comming from Gods Law Sacr. sanc Maj. 〈◊〉 14 p. 163. No resisting of the most Turkish Tyran by the Royalists way An absolute King more absolute then the Great Turke by Royalists way No law at all by Royalists way to impede a King from a super-inundation of overflowing Tyranny 1 Arg. against Absoluâ—enâ—slo of Kings Why the King â— breathing Law three reasons 2. Argument against an absolute King The People have no absolute power over themselves and so cannot make over any such power to the King Arg. 3. Against an absolute Prince Power Tyrannicall is not from God Barclaius 〈…〉 l. 2. pag. 62. That â—â—â—sion 〈…〉 mortall â—an may resist â—s from God Argum. 4. Against an absolute Prince A King as a King must be a plague if God be the Creator of an absolute Prince The goodnesse of an absolute Prince in not putting forth his power in actuall destroying of the people hindereth not the power to be actu primo Tyrannicall Argum. 5. Against absolute Princes An absolute Prince against justice peace reason law c. Argum. 6. Against an absolute Prince It is against nature Arg. 7. Against an absolute Prince contrary to the fift Commandement Arg. 8. Against an absolute Prince The King remaineth a brother when he is King and may be rebuked may not take his neighbours vineyard from him A Damsell forced by the King may violently resist No sufficient meanes against all cruelties and unjust violences iâ— an absolute Prince be from God all goâ— to confusion Barclaius cont Monarch l. â— pag. 76 77. 9. Argument 〈◊〉 an abâ—â—luâ—e Pâ—â—nce The 〈…〉 expressâ— upon which the Pâ—â—nâ—e receiveâ—h the crown â—ight with all absolute power Prerogative taken two wayes No Prerogative Royall in the Scripture Jus personae jus coronae The question touching Prerogative Royall vaine Prerogative Royall of Royalists Gods due Acts founded upon the sole pleasure of the Agent proper to God A threefold dispensation A dispensation 1. of sole pleasure 2. of â—ustice 3. of grace A twofold exponing
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. Argum. 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 〈…〉 condere dicit i. omnium C. de testam Arg 6. Arnisaus 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 câ—ses 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 concretâ— and as a King and his office in abstracto are very different in this dispute Sâ—cr 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 â—â—â—enus 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. 5. Pag. 141. Sac. sarc mac 2 pag 28. pag. 30.31 Arnisâ—n de potest prin c. 2.11.17 pag. 3. sec. 5. pag. 30. Royalists reasons thâ—t to resist the man or person is to resist the King office or ordinance of God Grot. de iur belli pacis l. 1. c. 4. n. 7. Winzetus Vâ—lâ—tat adâ—er 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 the object 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. 〈…〉 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. Fernâ— part 3. § 2. p. 1â— Suffering and non-resistance passive fâ—ll under 〈◊〉 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. Confes. Remonstrant Suffering not commanded of God formally We are compaâ—atively rather to suffer 〈◊〉 to deny the truth but we are not commanded formally to 〈◊〉 Patience in suffering is commanded not suffering it self formally Re-offending in ended is contrary to patient â—ubjâ—ctâ—on The physicall act of taking away of the life maketh not homicide We have a greater dominion over our goods and members mutilation excepted then over our life Populo quidem hoc casu resislendi actuendi se ab injuâ—ia potestas competiâ—â—â—ed tuendisâ— tantum non autem Principem in â—adendi resisâ—endi inâ—uâ—iae illatae nâ—n recedendi a debita reverentâ—â— non â—im 〈…〉 jus habet Defensive warres cannot be without offending D. Ferne acknowledgeth violent resisting to be lawfull but not defensive warres Defensive wars are â—ffâ—nsive only by 〈◊〉 There 〈◊〉 holding of an a 〈…〉 es hands 〈◊〉 warding of stroakes but by offensive wars conjoyned by accident with defensive wars Flying is resistance Self-defence naturall D. Ferne alloweth the resistance of denying of Tribute to a tyranous Prince Apologies Supplicationâ— Flight taking of Aâ—mes lawfull in self-defence Violent re-offending in self-defâ—nce the last 〈◊〉 〈…〉 a Church or nation not 〈◊〉 mean of selâ—â—defence alway possible and so not required of God A self defence remote and a self-defence neere-hand When David had Saul in his hand he was in a câ—se of actuall self-defence Saul being in a habituall unjust pursuit 〈…〉 was in when he came armâ—e upon King Saul sleeping 〈◊〉 D. Feâ—ne The law of universall and particular nature warranteth sâ—lf-defence This or that King not the adequat head of the community Exod 32. Rom 9. The love of our selfe the rule and measure of our love to our neighbour We are to 〈◊〉 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 〈…〉 common to man wiâ—h beast Takeing 〈◊〉 armes in the law is a sovâ—raigne ground oâ— a difensive postuâ—e Offâ—nsive and defeâ—sive wars differ in the event and intentions of men but not physically A whore may not sell her own body for hire Covar 10.1 par 2. §. 1. de â—urti rapi restituti §. 2. n. 1. The lawfulness of violent resistance of Kings cleare from Scripture proofes Symmons Loyall subject 5.10 pag. 31. Davidâ— not â—nvading 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 conscâ—ence Sect. â— Arnisaeus de authorit princ c. 2. n. 15. Davids example not extraordâ—nary Elisha's fact proveth the lawfulâ—esse of defensive wars 〈◊〉 by no exâ—â—aordinary spirit resisted Joâ—am Loyall subjects beliefe Resistâ—nce made to King Vzziah proveth the same Vatâ—b Deturbaâ—unt eum ex illo lâ—â—o compulsusque ut egredeâ—etur in not Festinanter egredi eum coegerunt hoc est extruserunt eum 1 Sam. 14. The peoples resisting of Saul in rescuing â—onathan unjustly condemned to die saith that thâ— Estaâ—es of the two Kingdomes may swear and covenant to rescue thousands of innocents from the unjust sword of â—â—â—throats of Iâ—eland Papists in England Chald. Par. Manifestum est quod Jonathan peccavit perignorantiam P. Maâ—t saith with a doubt Siâ— ista seditiose fecerunt nullo modo excusari possunt Yea he saith they might sussâ—agiis 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 Libâ—ah revoltâ—d Quia subditos nitâ—batur cogere ad Idololatriam quod ipsi libnenses pati noluerunt merito principibus â—nim parendum est verum usque ad aras The King would compell them to Idolatry and they justly revolted 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. discussâ—d The King onely is not understood in the Text. Thâ— King is principally understood in
the Text Rom. 13. in regard of dignity but not only in regard of â—ssâ—nce Onely Nero cannot be understood Rom. 13.1 Vataâ— Homines intelligit publica authoâ—itate pâ—â—editus The P. Prelats pooâ—e reasâ—n â—estraining the Text to Kings answered Prelat 〈◊〉 Sanct. maâ— c. 2. pag. 29. P. Marty◠〈…〉 potestatum gâ—nâ—ra regna Aristocratâ—â—a Politiâ—a Tyrannica Oligarâ—hiâ—a 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heâ—â—d l. 7. de Xeâ—xe Vulgar version and Lyra turn 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Apostate Luk. 15.32 Prelat Sac. sanc maj c. 5. n. 6. The objection that Gâ—ds Prophets never 〈◊〉 non-resistance as a murtherous omission and that Godâ— people in Scripture never practâ—sâ—d resistaâ—câ— aâ—d God nâ—vâ—r câ—mmaâ—deâ— it â—â—lly â—nswâ—red Nota. 〈…〉 6. 〈◊〉 234. Sheweth the reasons why Christ â—â—ndemned 〈◊〉 nâ—t because he thought felt deâ—eâ—ce unlawfull 〈◊〉 1. it had a kind of revenge in it â—or so â—ew could not repel such an army as caâ—e to take Christ. 2. He waited nâ—t on Christs answer 3. He could have defended himself â—nothâ—r way 4. It was contrary to Gods will reveâ—led to Petâ—â— 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 wâ—y for their conscience Sacr. sance 6. pag. 74 75 76. The Doctors of Aberdeene in their Duplyes Tâ—â—tullâ—an in an errour The ancient Chrâ—stiâ—ns did rise in Armes against persecuting Emperours Inferiour Judges have the 〈◊〉 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 swâ—rd â—he Church of God whether the King will or no â—xcept it be said the King may câ—mmaâ—d murther and discharge us 〈◊〉 the dutâ—es 〈◊〉 the second Table Examples of lawfull warres without the Kiâ—g 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 〈…〉 Beliefe Causeâ— oâ— war make lawâ—ull war not the sâ—le pleasure 〈◊〉 the Kiâ—g 〈…〉 6. n. 18. It is necessary and laâ—full for tâ—e 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 not Solons testimony 〈◊〉 of the â—gâ—ptians â—gainst those that helped not the oppressed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 ad 〈◊〉 〈…〉 ad 〈◊〉 Acts of charity 〈◊〉 helpâ—ng our breâ—hren against uâ—just oppressions of ligâ— us whether the King câ—mmaâ—d thâ—m or forbid 〈◊〉 Loyall subâ—ectâ—â—eliefe sect 4. â—ag 7. Sacr. Sanct. Reg. maâ— c. 2. â—ag 26.27 The question â—oncerning the â—xcellency of Monarchy aâ—ove other â—â—rmes variâ—us â—ccording to â—ivers consideâ—â—tions 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 best Tolossan de Rep. l. 13. c. 12. Paâ—â—l cont Monaâ—ch l. 〈…〉 Symmâ—ns Lâ—yall Subj unbâ—liefe § 4. pag 7. A threefold supreame power What be jura regalia or juâ—â— majestatis Anâ—isaeus dâ— juâ—i 6. mat c. 1. n 3. pag. 15â— 158. Kings conâ—â—r honours aâ— rewards of vertue as they pâ—nish â—ldoers not because they are absolute but according to law The law of the King 1 Sam 8.9.11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Father 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 punâ—shments may be wâ—ere 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 while he first swear the oath It is an evasion onely to distinguâ—sh between the Kings promisâ—s and his oath Grotius de jur bel pac 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 quâ— not â—nfam Arnisae cap. 6. An princeps qui turaâ— subditis c. Io. Ross. 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. desens sid 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 mixâ—â— person or half Clergie man in the externall government of the Church as the P. P. dreameth 1 Parl. King Charles an 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 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 noâ— 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. civiliâ—â—erâ—câ—nt â—â—erâ—câ—nt 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 â—he Oath of â—aldus the 21. â—ing of Scotâ—â—nd Kings of Scotâ—and censured â—nd punished â—y the Parliaâ—ent Kings of Scotland of old had no negative voyce Buchan Res. Scot. l. 7. Coronation Oath Parliamentâ— 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 â—abiti consugiâ—ndi ad statuas dominum â—â—utandi copiam â—abent l. 2. De â—is qui sunt sui Item C. De lat Hered toll Arnisaeus De authori princiâ—um in popul â— 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 paenit 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 Convert 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 nec 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
Feast when Gods wrath was upon the Land contrary to Gods word Esa. 22.12 13 14. and what will this prove Presbyteries to be inconsistent with Monarchies 41. This Assembly is to judge what Doctrine is treasonable what then Surely the secret Counsell and King in a constitute Church is not Synodically to determine what is true or false Doctrine more then the Roman Emperor could make the Church Canon Act. 15. 42. M. Gibson M. Black preached against King James his maintaining the Tyranny of Bishops his sympathizing with Papists and other crying sins and were absolved in a generall Assembly shal this make Presbyteries inconsistent with Monarchie Nay but it proveth only that they are inconsistent with the wickednesse of some Monarchies and that Prelates have been like the four hundred false prophets that flattered King Achab and these men that preached against the sins of the King and Court by Prelates in both Kingdomes have been imprisoned Banished their Noses ript their cheeks burnt their eares cut 43. The Godly men that kept the Assembly of Aberdeen An. 1603. did stand for Christs Prerogative when K. James took away all generall Assemblies as the event proved and the King may with as good warrant inhibit all Assemblies for Word and Sacraments as for Church Discipline 44. They excommunicate not for light faults and trifles as the Lyar saith our Discipline saith the contrary 45. This Assembly never took on them to chose the Kings Counsellours but these who were in authority took K. James when he was a child out of the Company of a corrupt and seducing Papist Esme Duke of Lennox whom the P. P. nameth Noble Worthy of eminent indowments 46. It is true Glasgow Assembly 1637. voted down the High Commission because it was not consented unto by the Church and yet was a Church Judicature which took upon them to judge of the Doctrine of Ministers and deprive them and did incroach upon the Liberties of the established lawfull Church judicatures 47. This Assembly might well forbid M. John Graham Minister to make use of an unjust decree it being scandalous in a Minister to oppresse 48. Though Nobles Barons and Burgesses that professe the truth be Elders and so Members of the generall Assembly this is not to make the Church the House and the Common-wealth the Hangings for the constistuent Members we are content to be examined by the patern of Synods Act. 15. v. 22 23. Is this inconsistent with Monarchie 49. The Commissioners of the generall Assembly are 1. A meer occasionall judicature 2. Appointed by and subordinate to the Generall Assembly 3. They have the same warrant of Gods Word that Messengers of the Synod Act. 15. v. 22.27 hath 50. The historicall calumnie of the 17. day of December is known to all 1. That the Ministers had any purpose to dethrone King James and that they wrote to John L. Marquesse of Hamilton to be King because K. James had made defection from the true Religion Satan devised Spotswood and this P. P. vented this I hope the true history of this is known to all The holiest Pastors and professors in the Kingdom asserted this Government suffered for it contended with authority only for sin never for the power and Office These on the contrary side were men of another stamp who minded earthly things whose God was the world 2. All the forged inconsistency betwixt Presbyteries and Monarchies is an opposition with absolute Monarchie and concludeth with alike strength against Parliaments and all Synods of either side against the Law and Gospell preached to which Kings and Kingdoms are subordinate Lord establish Peace and Truth Farewell The Table of the Contents of the Book QUEST I. WHether Government be by a divine Law Affirmed Pag. 1. How Government is from God Ibid. Civill Power in the Root immediately from God Pag. 2 QUEST II. Whether or no Goverment be warranted by the Law of nature Affirmed Ibid. Civil societie naturall in radice in the root voluntary in modo in the manner Ibid. Power of Government and Power of Government by such and such Magistrates different Pag. 2 3. Civil subjection not formally from natures Law Pag. 3. Our consent to Laws penal not antecedently naturall Ibid. Government by such Rulers a secondary Law of nature Ibid. Family Government and politike different Ibid. Government by Rulers a secondary Law of nature Family Government and Civil different Pag. 4. Civil Government by consequent naturall Pag. 5. QUEST III. Whether Royall Power and definite Forms of Government be from God Affirmed Ibid. That Kings are from God understood in a fourfold sense Pag. 5 6. The Royall Power hath warrant from divine institution Pag. 6. The three forms of Government not different in spece and nature P. 8. How every form is from God Ibid. How Government is an ordinance of man 1 Pet. 2.13 Pag. 8 9. QUEST IV. Whether or no the King be onely and immediately from God and not from the people Prius distinguitur posterius prorsus Negatur pag. 5. How the King is from God how from the people Ibid. Royall Power three wayes in the people P. 6 10. How Royall Power is radically in the people P. 7. The people makâ—th the King Ibid. How any form of Government is from God P. 8. How Government is a humane ordinance 1 Pet. 2.3 P. 8 9. The people creat the King P. 10 11. Making a King and choosing a King not to be distinguished P. 12 13. David not a King formally because anointed by God P. 14 15. QUEST V. Whether or no the P. P. proveth that Soveraignty is immediately from God not from the people p. 16. Kings made by the people though the Office in abstracto were immediately from God P. 16. The people have a reall action more then approbation in making a King P. 19 Kinging of a person ascribed to the people P. 20. Kings in a speciall manner are from God but it followeth not Ergo not from the people P. 21. The place Prov. 8.15 proveth not but Kings are made by the people P. 22 23. Nebuchadnezzar and other heathen Kings had no just Title before God to the Kingdom of Judah and divers other subdued Kingdoms P. 26 27. QUEST VI. Whether or no the King be so allanerly from both in regard of Soveraignty and Designation of his person as he is no wayes from the people but onely by meer approbation Negatur pag. 28 29. The Forms of Government not from God by an act of naked Providence but by his approving will Ibid. Soveraignty not from the people by sole approbation P. 29 30. Though God have peculiar acts of providence in creating Kings it followeth not hence that the people maketh not Kings P. 31. The P. Prelate exponeth prophecies true onely of David Solomon and Iesus Christ as true of prophane heathen Kings P. 34 35. The P. P. maketh all the heathen Kings to be Princes anointed with the holy Oyl of saving grace Ibid. QUEST VII Whether the P.
against unjust violence but not any way he pleaseth The first way is by supplications and apologies he may not presently use violence to the Kings servants before he supplicate nor may he use re-offending if flight may save David used all the three in order 1. He made his defence by words by the mediation of Ionathan when that prevailed not he tooke himselfe to flight as the next but because he knew flight was not safe every way and nature taught him self-preservation and reason and light of grace taught him the meanes and the religious order of these meanes for self-preservation Therefore he addeth a third He took Goliahs sword and gathered six hundred armed men and after that made use of an hoast Now a sword and armour are not horsing and shipping for flight but contrary to flight so re-offending is Policies last refuge A godly magistrate taketh not away the life of a subject if other means can compasse the end of the Law and so he is compelled and necessitated to take away the life so the private man in his naturall self-defence not to use re-action or violent re-offending in his self-defence against any man farre lesse against the servants of a King but in the exigence of the last and most inexorable necessity And it is true that M. Symmons saith Sect. 11. pag. 35. Self-defence is not to be used where it cannot be without sinne It is certaine Necessity is but a hungry plea for sinne Luke 14.18 but it is also true re-offending comparatively that I kill rather then I be killed in the sinlesse Court of Natures spotlesse and harmelesse necessity is lawfull and necessary except I be guilty of self-murdâ—r in the culpable omission of sâ—lf-defence Now a private man may flie and that is his second necessity and violâ—nt re-offending is the third meane of self-preservation But with leave violent re-offending is necessary to a private man when his second meane to wit flight is not possible and cannot attaine the end as in the case of David if flight doe not prevaile Goliahs sword and an host of armed men are lawfull So to a Church and a community of Protestants men women aged sucking children sick and diseased who are pressed either to be killed or forsake Religion and Jesus Christ flight is not the second meane nor a meane at all because 1. not possible and therefore not a naturall meane of preservation For 1. the aged the sick the sucking infants and sound Religion in the posteritie cannot flee flight here is physically and by natures necessity unpossible and therefore no lawfull mean What is to nature physically unpossible is no lawfull mean 2. If Christ have a promise that the ends of the earth Psal. 2.8 and the Isles shall be his possession Esa. 49.1 I see not how naturall defence can 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 Protestants 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 Lâ—t not any object 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 whole Protestants in the three kingdomes according to Royalists Doctrine are to leave thâ—ir 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 when 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. 9 6. 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 use 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 necessâ—ry 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 thrâ—atten a King then to put hands on him and rather kill or be killed by