p. 355. Objections of Royalists answered p. 355 356 357. seq The place Exod. 22. 28. Thou shalt not revile the Gods c. answered p. 357. And Eccles 10. 20. p. 358. The place Eccles 8. 3 4. Where the word of a King is c. answered p. 357 358. The place Iob 34. 18. answered p. 359. And Act. 23. 3. God shall smite thee thou whited wall c. p. 359 360 361. The Emperours in Pauls time not absolute by their Law p. 361. That objection that we have no practise for defensive resistance and that the Prophets never complaine of the omission of the duty of resistance of Princes answered p. 163 164 165. The Prophets cry against the sin of non-resistance when they cry against the Iudges because they execute not judgements for the oppressed p. 365 366. seq Iudahs subjection to Nebuchadnezar a conquering Tyrant no warrant for us to subject our selves to tyrannous acts p. 363 364 365. Christs subjection to Caesar nothing against defensive warrs p. 365 366. QUEST XXXV Whether the sufferings of the Martyrs in the Primitive Church Militant be against the lawfulnesse of defensive warrs p. 369 370. Tertullian neither ours nor theirs in the question of defensive warrs p. 370 371 372. QUEST XXXVI Whether the King have the power of warre only Negatur p. 372 373. Inferiour Iudges have the power of the sword no lesse then the King p. 372 373. The people tyed to acts of charity and to defend themselves the Church and their posterity against a forraigne enemy though the King forbid p. 373 374. Flying unlawfull to the States of Scotland and England now Gods Law tying them to defend their Country p. 374. Parliamentary Power a fountain-power above the King p. 376 377. QUEST XXXVII Whether the Estates of Scotland are to help their Brethren the protestants in England against Cavaliers Affirmatur proved by 13. Arg. p. 378. seq Helping of neighbour Nations lawfull divers opinions concerning the point p. 378 379. The Law of Aegypt against those that helped not the oppressed p. 380. QVEST. XXXVIII Whether Monarchy be the best of Governments Affir p. 384. Whether Monarchy be the best of Governments hath divers considerations in which each one may be lesse or more convenient p. 384 385. Absolute Monarchy is the worst of Governments p. 385. Better want power to doe ill as have it ibid. A mixture sweetest of all Governments p. 387. Neither King nor Parliament have a voyce against Law and reason ibid. QUEST XXXIX Whether or no any Prerogative at all above the Law be due to the King Or if jura majestatis be any such Prerogative Negatur p. 389. A threefold supreme power ibid. What be jura regalia p. 390 391. Kings confer not honours from their plenitude of absolute power but according to the strait line and rule of Law justice and good deserving ibid. The Law of the King 1 Sam. 8. 9 11. p. 392 393. Difference of Kings and Judges ibid. The Law of the King 1 Sam. 8. 9 11. No permissive Law such as the Law of divorce p. 394. What dominion the King hath over the goods of the subjects p. 395 396 397. QUEST XL. Whether or no the people have any power over the King either by his Oath Covenant or any other way Affirmed p. 398 399. The people have power over the King by reason of his Covenant and Promise ibid. Covenants and promises violated infer Coaction de jure by Law though not de facto p. 399 400. Mutuall punishments may be where there is no relation of superioritie and inferioritie p. 399 400 401. Three Covenants made by Arnisaeus ibid. The King not King while he swear the oath and be accepted as King by the people ibid. The oath of the Kings of France ibid. Hu. Grotius setteth down seven cases in which the people may accuse punish or dethrone the King p. 403 404. The Prince a noble Vassal of the Kingdom upon four grounds p. 405. The covenant had an oath annexed to it ibid. The Prince is but as a private man in a contract p. 406. How the Royall power is immediately from God and yet conferred upon the King by the people p. 407 408 409. QUEST XLI Whether doth the P. P. with reason ascribe to us the doctrine of Jesuites in the Question of lawfull defence Negatur p. 410 411 412. That Soveraignty is originally and radically in the people as in the Fountain was taught by Fathers ancient Doctors sound Divines Lawyers before there was a Jesuite or a Prelate whelped in rerum natura p. 413. The P. P. holdeth the Pope to be the Vicar of Christ p. 414 415. Iesuites tenets concerning Kings p. 415 416 417. The King not the peoples Deputie by our doctrine it is onely the calumnie of the P. Prelate p. 417 418. The P. P. will have power to act the bloodiest tyrannies on earth upon the Church of Christ the essentiall power of a King ibid. QUEST XLII Whether all Christian Kings are dependent from Christ and may be called his Vicegerents Negatur p. 422. Why God as God hath a man a Vicegerent under him but not as Mediator p. 422 423. The King not head of the Church ibid. The King a sub-mediator and an under redeemer and a sub-priest to offer sacrifices to God for us if he be a Vicegerent p. 423. The King no mixt person ibid. Prelates deny Kings to be subject to the Gospel p. 426 427. By no Prerogative Royall may the King prescribe religious observances and humane ceremonies in Gods worship p. 424 425. The P. P. giveth to the King a power Arbitrary supreme and independent to govern the Church p. 429 430. Reciprocation of subjections of the King to the Church of the Church to the King in divers kindes to wit of Ecclesiasticall and civill subjection are no more absurd then for Aarons Priest to teach instruct and rebuke Moses if he turne a tyrannous Achab and Moses to punish Aaron if he turn an obstinate Idolator p. 430 4â—3 QVEST. XLIII Whether the King of Scotland be an absolute Prince having prerogatives above Laws and Parliaments Negatur p. 433 434. The King of Scotland subjâ—ct to Parliaments by the fundamentall Lawes Acts and constant practises of Parliaments ancient and late in Scotland p. 433 434 435 436. seq The King of Scotlands Oath at his Coronation p. 434. A pretended absolute povver given to K. Iames 6. upon respect of personall indowments no ground of absolutenesse to the King of Scotland p. 435 436. By Lawes and constant practises the Kings of Scotland subject to Lawes and Parliaments proved by the fundamentall Law of elective Princes and out of the most partiall Historicians and our Acts of Parliament of Scotland p. 439 440. Coronation oath ibid. And again at the Coronation of K. James the 6. that oath sworn and again 1 Par. K. Jam. 6. ibid. seq p. 452 453. How the King is supreme Iudge in all causes p. 437. The power
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. 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 Sanedrim 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 hold conquest 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 aâ— 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 negat 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
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 misâ—â—d 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 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 Henc 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 speaketh in the name of I. Aâ—magh 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 Nec 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 consequentia 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
Tyrannicall power if he make captives and slaves of them as the Kings of Chaldea made slaves of the people of Israel What Because God useth another mean Ergo This mean is not lawfull It followeth in no sort If we must use no means but what the captive people did under Cyrus we may not lawfully flie nor supplicate for the people did neither P. Prelate You read of no Covenant in Scripture made without the King Exod. 34. Moses King of Iesurum neither Tables nor Parliament framed it Joshua another Iosh 24. and Asa 2 Chron. 15. and 2 Chron. 34. and Ezra 10. The Covenant of Iehojada in the non-age of Ioash was the High Priests Act as the Kings Governour There is a covenant with Hell made without the King and a false Covenant Hos 10. 3 4. Answ We argue this negatively This is neither commanded nor practised nor warranted by promise Ergo It is not lawfull But this is not practised in Scripture Ergo It is not lawfull It followeth it Shew me in Scripture the killing of a Goaring On who killed a man the not making battlements on an house the putting to death of a man lying with a Beast the killing of seducing Prophets who tempted the people to go a whoring and serve another God then Jehovah I mean a god made by the hand of the Baker such a one as the excommunicated Prelate is known to be who hath Preached this Idolatry in three Kingdoms yet Deut. 13. This is written and all the former Laws are divine Precepts shall the Precept make them all unlawfull because they are not practised by some in Scripture By this I ask Where read yee that the people entered in a Covenant with God not to worship the Golden Image and the King and these who pretend they are the Priests of Iehovah the Church-men and Pelates refused to enter in Covenant with God By this argument the King and Prelates in non-practising with us wanting the precedent of a like practice in Scripture are in the fault 2. This is nothing to prove the conclusion in question 3. All these places prove it is the Kings dutie when the people under him and their fathers have corrupted the worship of God to renew a Covenant with God and to cause the people to do the like as Moses Asa Iehoshaphat did 4. If the King refuse to do his dutie where is it written That the people ought also to omit their dutie and to love to have it so because the Rulers corrupt their wayes Ierem. 5. 31 To renew a Covenant with God is a point of service due to God that the people are obliged unto whether the King command it or no. What if the King command not his people to serve God or What if he forbid Daniel to pray to God Shall the people in that case serve the King of Kings onely at the nod and Royall command of an earthly King Clear this from Scripture 5. Ezra 5. had no commandment in particular from Artaxerxes King of Persia or from Darius but a Generall that Ezr. 7. 23. Whatsoever is commanded by the God of Heaven let it be diligently done far the house of the God of Heaven But the Tables in Scotland and the two Parliaments of England and Scotland who renewed the Covenant and entered in Covenant not against the King as the P. P. saith but to restore Religion to its ancient Puritie have this expresse Law from King James and King Charles both in many Acts of Parliament that Religion be kept pure Now as Artaxerxes knew nothing of the Covenant and was unwilling to subscribe it and yet gave to Ezra and the Princes a warrant in generall to do all that the God of Heaven required to be done for the Religion and house of the God of Heaven and so a generall warrant for a Covenant without the King and yet Ezra and the people in swearing that Covenant failed in no dutie against their King to whom by the fifth Commandment they were no lesse subject then we are to our King just so we are and so have not failed but they say The King hath committed to no Lievtenant and Deputie under him to do what they please in Religion without his Royall consent in particular and the direction of his Clergy seeing he is of that same Religion with his people whereas Artaxerxes was of another Religion then were the Iews and their Governour Answ Nor can our King take on himself to do what he pleaseth and what the Prelates amongst whom these who ruled all are known before the World and the Sun to be of another Religion then we are pleaseth in particular But see what Religion and Worship the Lord our God and the Law of the Land which is the Kings revealed will alloweth to us that we may swear though the King should not swear it otherwayes we are to be of no Religion but of the Kings and to swear no Covenant but the Kings which is to joyn with Papists against Protestants 6. The strangers of Ephraim and Manasseh and out of Simeon fell out of Israel in abundance to Asa when they saw that the Lord his God was with him 2 Chron. 15. 9 10. And sware that Covenant without their own Kings consent their own King being against it If a people may swear a Religious Covenant without their King who is averse thereunto far more may the Nobles Peers and Estates of Parliament do it without their King And here is an example of a practise which the P. Prelate requireth 7. That Jehojadah was Governour and Vice-Roy during the nonage of Joash and that by this Royall Authoritie the Covenant was sworn is a dream to the end he may make the Pope and the Arch-Prelate now Vice-Royes and Kings when the throne varieth The Nobles were Authors of the making of that Covenant no lesse then Iehojadah was yea and the People of the Land when the King was but a childe went unto the house of Baal and brake down his Images c. Here is a Reformation made without the King by the people 8. Grave Expositors say That the Covenant with death and hell Esay 28. was the Kings Covenant with Egypt 9. And the Covenant Hos 10. is by none exponed of a Covenant made without the King I heard say this Prelate Preaching on this Text before the King exponed it so But he spake words as the Text is falsly The P. Prelate to the end of the Chapter giveth instance of the ill-successe of Popular Reformation because the people caused Aaron to make a Golden Calf and they revolted from Rehoboam to Ieroboam and made two Golden Calves and they conspired with Absolom against David Answ If the first example make good any thing neither the High-Priest as was Aaron nor the P. Prelate who claimeth to be descended of Aarons house should have any hand in Reformation at all for Aaron erred in that and to argue from the peoples sins to deny their power is no
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 albeit granted by the King without their Warrant as also by the Narrative Depositive words and certification of the Act it self otherwayes the Estates convened in Parliament might by vertue of that Act be summoned before and censured by the Kings Majestie or His Councell a Iudicatory substitute be subordinate to and censurable by themselves which were contrary to sense and reason 4. The very termes of Supreme Iudge and in all Causes according to the nature of Correlates presupposeth Courts and judiciall Proceedings and Laws as the ground work and rule of all not a freedom from them 5. The sixth Act of the twenty Parliament K. Iac. 6. Cleerly interpreteth what is meant by the Kings Iurisdiction in all Spirituall and Ecclesiastick Causes to wit to be onely in the Consistoriall Causes of Matrimony Testaments Bastardy Adulteries abusively called Spirituall Causes because handled in Commissary Courts wherin the King appoints the Commissary his Deputies and makes the Lords of the Session his great Consistory in all Ecclesiasticall Causes with reservation of his Supremacy and Prerogative therein 7. Supreame Iudge in all causes cannot be taken Quoad actus elicitos as if the King were to judge between two Sea-men or two Husband-men or two Trades-men in that which is proper to their Art or between two Painters certainly the King is not to Iudge which of the two draweth the fairest Picture but which of the two wasteth most gold on his Picture and so doth interest most of the Common-wealth So the King cannot judge in all Ecclesiasticall Causes that is he cannot Quoad actos elicitos prescribe this Worship for example the Masse not the Sacrament of the Lords Supper Therefore the King hath but Actus imperatos some Royall Politicall Acts about the Worship of God to command God to be Worshipped according to his Word to punish the superstitions or neglectors of Divine Worship therefore cannot the King be sole Iudge in matters that belong to the Colledge of Iudges by the Lawes of Scotland the Lords of Session onely may judge these maters K. Iames 1. Parl. 2. Act. 45. K. Iames 3. Par. 8. Act. 62. K. Iames 3. Par. 4. Act. 105. K. I. 1. Parl. 6. Act. 83. K. I. 1. Par. 6 Act. 86. K. I. 5. Par. 7. Act. 104. and that only according to Law without any remedy of appellation to King or the Parliament Act 62 and 63. Par. 14. K. I. 2. And the King is by Act of Parliament inhibited to send any private letter to stay the Acts of Iustice or if any such letter be procured the Iudges are not to acknowledge it as the Kings Will for they are to proceed unpartially according to Iustice and are to make the Law which is the King and Parliaments publick revealed will their rule King I. 5. Parl. 5. Act. 68. K. Ia. 6. Part. 8. Act. 139. and K. I. 6. Par. 6. Act. 92. most lawfull Nor may the Lords suspend the course of Iustice or the sentence or execution of Decrees upon the Kings private letter King I. 6. Parl. 11. Act 79. and K. Iam. 6. Par. 11. Act 47. and so if the Kings Will or desire as he is a man be opposite to his Law and his Will as King it is not to be regarded This is a strong Argument that the Parliaments never made the King supreame Iudge Quoad actus elicitos in all causes nay not if the King have a Cause of his owne that concerneth Lands of the Crowne farre lesse can the King have a will of Prerogative above the Law by our Lawes of Scotland And therefore when in the eighth Parliament King Ia. 6. the Kings Royall Power is established in the first Act the very next act immediatly subjoyned thereunto declareth the authority of thesupreame 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 as well in Deuteronomie as in the 11 chap. of the 2. book of the Kings and as they crave obedience of their subjects So that the bond and contract shall be mutuall and reciprocall in all time comming between the Prince and the People according to the Word of God as is fully exprest in the Register of the convention of Estates Iuly 1567. 2. That important Acts and Sentences at home whereof one is printed 112 Act. Parl. 14. K. Ia. 3. and in Treaties with Forraigne Princes the Estates of Parliament did append their severall Seales with the Kings Great Seale which to Grotius Barclaius and Aâ—nisaeus is an undeniable argument of a limited Prince as well as the stile of our Parliament that the Estates with the King ordaine ratifie rescind c. as also they were obliged in case of the Kings breaking these Treaties to resist him therein even by armes and that without any breach of their allegiance or of his Prerogative as is yet extant in the records of our old Treaties with England and France c. But to goe on and leave some high mysteries unto a rejoynder And to the end I may make good that nothing is here taught in this Treatise but the very Doctrine of the Church of Scotland I desire that the Reader may take notice of the larger Confession of the Church of Scotland printed with the Syntagme and body of the Confessions at Geneva anno MDCXII and authorized by King Iames the 6. and the three Estates in Parliament and printed in our Acts of Parliament Parl. 15. K. Iames 6. An. 1567. Amongst good works of the Second Table saith our Confession art 14. are these To honour Father Mother Princes Rulers and superiour Powers To love them to support them yea to obey their Charge not repugning to the commandement of God to save the lives of innocents to represse Tyrannie to defend the oppressed to keep our bodies cleane and holy c. The contrary whereof is To disobey or resist any that God hath placed in Authoritie while they passe not over the bounds of their office to murther or to consent thereunto to beare hatred or to let innocent blood be shed if we may withstand it c. Now the Confession citeth in the margin Ephes 6. 1. 7. and Ezek. 22. 1 2 3 4 c. where it is evident by the name of Father and Mother all inferious Iudges as well as the King and especially the Princes Rulers and Lords of Parliament are understood 2. Ezek. 22. The bloody City is to be judged because they releeved not the oppressed out of the hand of bloody Princes v. 6. who every one of them were to their power to shed innocent blood 3. To resist superiour powers and so the Estates of Parliament as the Cavalters of Scotland doe is resistance forbidden Romans 1â— 1. the place is also cited in the confession And the Confession exponeth the place Romans 13. according to the interpretation of all sound Expositers as is evident in these words Art 24. And therefore we confesse and avouch that such as resist the supreame power doing that thing which appertaineth to his charge doe resist Gods ordinance and therefore cannot be guiltlesse And further we affirme that whosoever denyeth unto them aide their counsell and comfort while as the Princes and Rulers vigilantly travell in execution of their Office that the same men deny their helpe support and counsell to God who by the presence of his Lieutenant craves it of them From which words we have cleare 1. That to resist the King or Parliament is to resist them while as they are doing the thing that appertaineth to their charge and while they vigilantly travell in the execution of their office But while King and Parliament doe acts of Tyranny against Gods Law and all good Lawes of men they doe not the things that appertaine to their charge and the execution of their Office ergo by our confession to resist them in Tyrannicall acts is not to resist the ordinance of God 2. To resist Princes and Rulers and so inferious Iudges and to deny them counsell and comfort is to deny helpe counsell and comfort to God Let then Cavaliers and such as refuse to helpe the Princes of the Land against Papists Prelates and Malignants know that they resist Gods ordinance which rebellion they unjustly impute to us 3. Whereas it is added in our Confession that God by the presence of his Lieutenant craveth support and counsell of the people It is not so to be taken as if then only we are to ayde and helpe inferiour Iudges and Parliaments when the King personally requireth it and not other waies 1. Because the King requireth helpe when by his Office he is obliged to require our helpe and counsell against Papists and Malignants though as misled he should command the contrary so if the Law require our helpe the King requireth it ex officio 2. This should expresly contradict our confession if none were obliged to give helpe and counsell to the Parliament and Estates except the King in his own person should require it because Art 14. it is expresly said That to save the lives of innocents or represse Tyranny to defend the oppressed not to suffer innocent blood to be shed or workes pleasing to God which he rewardeth Now we are not to thinke in reason if the King shall be induced by wicked Counsell to doe tyrannicall workes and to raise Papists in Armes against Protestants that God doth by him as by his Lieutenant require our helpe comfort
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 absolute power is essentially a power to do without or above Law and a power to doe ill to destroy and so it cannot come from God as a Morall power by institution though it come from God by a flux of permissive providence but so things unlawfull and sinfull come from God Quest 7. Whether the King may in his actions intend his owne Prerogative and Absolutenes Answ He can neither intend it as his nearest end nor as his remote end Not the former for if he fight and destroy his People for a Prerogative he destroyeth his People that he may have a power to destroy them which must be meere Tyranny nor can it be his remote end for granting that his supposed absolute Prerogative were lawfull he is to referre all lawfull Power and all his actions to a more noble end to wit to the safetie and good of the People Quest 8. Doe not they that resist the Parliaments power resist the Parliament And they that resist the Kings power resist the King God hath joyned King and Power who dare seperate them Answ If the Parliament abuse their power we may resist their abused power and not their power Parliamentarie Mr. Bridges doth well distinguish in his Annot. on the Loyall Convert betwixt the Kings power and the Kings will 2. The Resisters doe not separate King and Power but the King himselfe doth separate his lawfull Power from his Will if he worke and act Tyrannie out of this principle Will Passion Lust not out of the Royall principle of Kingly power So far we may resist the one and not the other Quest
b Lyra. Gratia est babitualis quiâ— stat pugil contra diâ—bolum c Gloss ordâ—â— d Hugo Cardinalis Olco laetitiae quâ— prae consortibuâ— unctus fuit Christus Ps 45. e Bellarm. â—â— f Lorinus g Theodatus h Ainsworth annot i 1 Sam. 16 1. 13 4 Luk. 4. 18. 21. 10. 3. 34. k Iunius â—â—not in loe l Mollerus com ibid. Places Esa 62 3. Ps 21 3. spoken of the Church and Christ by the P. P. expounded of profane Kings a Chald. par b Diodat an c Ainsworth Athanasius Eusebius Origen Augustine Dydimus d Ainsw an in 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. dc 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 alii appellant Belum patrem Nini i Euseb prolog l. 1. Chron. k Paul Orosius l. 1. de Ormesta mundi l Hieron in traditio Hebrei in Gen. m Tostat Abulens in Gen. c. 10. 9. 6. n Calvin com o Iosephus in c. 10. Ge. p Luth. cò ib. q Musculus r Ainsw com s Morlar t Pircrius in Gen. c. 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 iu homine i. e. propter hominem quiâ— occidit hominem jussu magistratus Cajotan expoundeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra hominem in despight of man h Calvin com in c. 9. Gen. q Calv. com Quanquam hoc loco non simpliter fertur lex politica ut plectantur homicidae r Calv. in lect a M. Anto. de domini Arch. Spalatens l. 6. c. 2. n. 5. 6. 〈…〉 potius hebâ—t â— naâ—â—ra non tâ—m vim active rectivam aut gubernativam 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. Spalatensis 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 Spalato 16. August de lih arb l. 1. c. â— Si depravatus populus rem privatam Reipub. preferat atque haheat venale suffragium cor ruptusque ab iis qui honores amant regnum in sâ—factiosis consâ—eleratisque committat non ne item rectê si quis tunc extilerit vir bonus qui plurimum posfit 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 not 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 noâ— but that the King is made by the people The people not patients in making a King as is water in producing grate baptisme Barclaius contr Monarch l. 4. c. 10. p. 268. ut hostes publicos non solù ab universo populo sed â— singulis etiam impeti oaedique jure optimo posse tota Antiquitas censuit How the people is the subject of Soveraigntie Sac. Reg. Maj. The sacred and royall prerogative of Kings 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. â—5 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 infallable but because they cannot so eaâ—ily erre as one man That the Sanedrim punished not David Bathsheha Ioab proveth nothing in law as a fact or non fact is not law a Covarruvias tom 2. pract quest 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 84. a Covarr to 4 pract quest c. 1. â— 2. Government how both naturall and also voluntary There is a subordination of creatures naturall and goverment must be naturall and yet this or that forme is voluntary Edward Symmons in his loyall subjects beleefe sect 3. p. 16. Royaltie not transmittable from father to sonne Vpon what tearme a people chooseth a Familie to reigne over them by succession The Thronâ— by speciall promises of God made to David and his seed Ps 89. no ground to make birth in foro dei a iust title to the Crowne 3 Arg. M. Symmons Loyall Subjects beliefe Sect. 3. p. 16. Title to a Crown by conquest must be unlawfull if truth be Gods just Title to a Crowne Royalists who hold conquests a iust title to the Crowne teach manifest treason against our Soveraigne King Charles and his Heires 4. Arg. Onely bona fortunae not honour is transmittable from father to son Violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull King Naked birth is inferiour to the divine unction which yet made no man a King without the peoples election Symmons loyall Subiects beleef Sect. 3. p. 16. Birth a typical designment to the crown If a Kingdom were by birth the King might fell it Symons sect â— pag. 7. Joan. Episâ—â—â— Roffens de potest Papae l. 2. c. 5. Arnisaeus de authorit princip c. 1. n. 13. The heir of a Crown hath the Crown as the patrimony of the Kingdom not of the King his father The choice of a family to the Crown
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 Parliame nt 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 differ gradually not specifically The specifick acts and formall object of Kings and inferiour Iudges are the same The same obligation of conscience 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. â— 9. Marant disp 1. Zoan tract 3. de defens Mynsin g. obs 18. cent 5. Symmons sect â— p. 2. The Iudges of Israel and the Kings after them differed but not essentially Sacr. sanct maj c. 7. p. 81 82. Nature is aâ— neare to Aristocracy as to Monarchy for the wise cannot be under the husband as a subject under a Monarch she by the fift Commandement haâ—h a joynt â—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. Inferiour Iudges after the King is dead as also the States of Parliament remain Iudges Arg. 11. God not the absolute Prince maketh the inferiour Iudges No heritable Iudges according to Gods Word Inferiour Iudges more necessary in a large Kingdom then the Kfng and fo Aristocracy in that more sutable to the naturall end of government then Monarchy Principes sunt capitis tempora Rex vertex Elders of a land joyntly in Parliament must have as much if not more vis unita fortior then when they are divided in severall tribes â—ities 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 seemeth 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 specificationem to give unjust sentences at his will nor quoad exercitium 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. vind 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. 1â— 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. cap. 14. p. 1â—3 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 Tyrannâ— 1 Arg. against Absolutenesse of Kings Why the King a 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 contr Monarcho l. 2. pag. 62. That evasion removed Tyrannicall power is not from God but a power to do ill so as no mortall man may resist is from God Argum. 4. Against an absolute Prince A King as a King must be a plague iâ— 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 if an absolute Prince be from God all goe to confusion Barclaius cont Monarch l. 2 pag. 76 77. 9. Argument against an absolute Prince The conditions tacite or expresse upon which the Prince receiveth the crown fight with all absolute power Prerogative taken two wayes No Prerogative Royall in the Scripture Jus personae jus corouae The question touching Prerogative Royall vaine Prerogative Royall of Royalists Gods due Acts founded upon the soleâ— pleasure of the Agent proper to God A threefold dispensation A dispensation 1. of sole pleasure 2. of justice 3. of grace A twofold exponing of the Law by grace In re dubia possunt dispensare Principes quia nullus sensus presumitur qui vincat principalem l. 1. Sect. initium ib. Kings as Kings cannot doe things of meere grace because they must doe all ex debito officii by necessitie of their office Rom-13 4. Prov. 17. 15. Kings equivocally Kings The King may as well do acts of meer cruelty from his supposed Prerogative as acts of meer grace to one man out of the same fountain If Prerogative may over leap Law in one why not in twenty No Tyrant can do any thâ— most cruell act but under the notion of apprehended good Pretended Prerogative Royal of Royalists Tyranny Polanus in Daniel c. 5. 19. Rollocus com 16. ib. Th. Sanches de matr tom 1. l. 2. dis 15. n. 3. est arbâ—â—rii plenitudo nulli necessitati subjecta nulliusque publici juris regulis limita ta Baldus l. 2. n. 40. C. de servit aqua Sueâ—oni in Calign cap. 29. memento tibi omnia in omnes licere Coelius Rodigi l. 8. Lect. Antiq c. 1. Vasquez illust quest l. 1. c. 26. n. 2. A contradiction in Ferne. Treaties of Monarchicall Government c. 2. pag. 6 7. The King of Persia not absolute The Oath of Iudah to the King of Babylon tyed them notto renounce naturall selfe preservation Servants are not by 1 Pet. 2. 18 19. interdited of selfe-defence Declar. at New Market Mar. 9. 1641. Magna Charca against
as caâ—â—â— to take Christ 2. He waited not on Christs answer 3. He could have defended himself another way 4. It was contrary to Gods will revealed to Peter The Prophets cry against the sin of non-resistance when they cry against the peoples not executeing judgement for the oppressed and not relieving those that were crushed in the gate There is no warrant in the word by precept or practice that the King and Cavalliers should rise and oppose Princes and States in a hostile way for their conscience Sacr. sanâ—â— 6. pag. 74 75 76. The Doctors of Aberdeene in their Duplyes Tertullian in an errour The ancient Christians did rise in Armes against persecuting Emperours Inferiour Judges have the power of the sword aswell as the King The people tyed to acts of Charity and to defend themselves the Church and their posterity against a forreigne Army though the King forbid We must defend with the sword the Church of God whether the King will or no except it be said the King may command murther and discharge us of the duties of the second Table Examples of lawfull warres without the King If the Parliament make the King and give to him the sword the King cannot make the Parliament nor use the sword to their destruction Parliamentary power a fountaine power above the King Loyall Sâ—aj Beliefâ— Causes oâ— wâ—r make lawfull war not the sole pleasure of the King De â—â—iâ—cip 6. â— 18. It is necessary and lawfull for the States of Scotland to help their brethren in England Cases â—n which we are to help our brethren according to divers opinions We are to help our brethren though they desire us â—â—â— Solons testimony Law of the Egyptians against those that helped not the oppressed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Erne captos ad mortem Acts of charity as helping our brethren against unjust oppressions oblige us whether the King command them or forbid them Loyall subjects beliefe sect 4. pag. 7. Sacr. sanct Reg. maj c. 2. pag. 26. 27. The question concerning the excellency of Monarchy above other formes various according to divers considerations An absolute Monarchy the baddest of governments Epiminondas his watchfulnesse A power to sin worse then a power of non-sinning Monarchy in it selfe considered is the best government Every forme in some construction best A mixed Monarchy bâ—st Tolossan de Rep. l. 13. c. 12. Barâ—l cont Monarch l. 1. c. 39. Symmons Loyall Subj unbeliefe §. 4. pag. 7. A threefold supreame power What be jura regalia or jura majestatis Arnisaeus de 〈…〉 6. maâ— â— 1. â— 3. pag. 15â— 158. Kings conâ—â—r honours as rewards of vertue as they punish ildoers not because they are absolute but according to law The law of the King 1 Sam 8. 9. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Farther consideration of the place 1. Sam. 8. 9. 11. Difference of Kings and Judges The law or manner of the King 1 Sam. 8. 9. no permissive law of God as was the law of a bill of divorcement God cannot make a permissive law tending to the destruction of a whole national Church and Kingdome What dominion the King hath over the goods of the subject The peoples power over the King by reason of the Coronation covenant Mutuall punishments may be where there be no mutuall relations of superiority and inferiority A promise layeth a politique obligation on the promiser and giveth law to him to whom the promise is made to presse performance or punish violation when the promises are betwixt man and man Three kindes of oathes or covenants â—â—de by Kings as Arnisaeus thinketh The King not King 〈…〉 â—â— first â—wear the oâ—â—h It is an evasion onely to distinguâ—sh between the Kings promisâ—s and his oath Grotius de jur bel pat l. 1. c. 4. Barclai l. 4. c. 6. A King cannot swear to be a just King because he is already King Bartol in l. 1. n. 4. de his qui not infam Arnisae cap. 6. An princeps qui iuraâ— subditis c. â—o Roâ—â— de potest pa. lib. 2. c. 20. B. Rochester 16 A difference betwixt a father and a King A people may give Royall power to the King by limitation and measure but people can give no gift which is solely and immediately from God by measure they cannot measure God Sacr. san reg maj c. 1. pag. 1 2. An. 1633. Coronation of King Charls in Scotland L. 3. defens fid Orth. c. 3. n. 2 3. The P. Prelate is a Papist Iesuites tenents concerning Kings Tract contra primatum Regis Angliae Calvin Iust l. 4. c. 4. Sac. sanc Mai. c. 1. p. 17 18. Soveraigne power in the King but not power of Tyrannie The King not the Vicegerent of Christ as mediator The King not the head of the Church The prelates reason proveth all creatures to be the vicegerents of Christ as Mediator 2 Reas p. 58. The King no mixed person or half Clergie man in the externail government of the Church as the P. P. dreameth 1 Parl. King Charles aâ— 1633. The P. Prelate prayeth for the Pope The Power of Presbyteries Ministeriall P. Prelates deny Kings to be subject to the Gospel and Discipline of Christ Pag. 65. The Ministeriall power of Pastors what Page 65. The P. Prelate maketh the King a Church-man The P. Prelate giveth an Arbitrary power of government in Christs-Church to the King Prelates extend a lawlesse prerogative to the government of the Church Two Supremes under Christ one in the Church another in the State are not absurd P. 66 67 68. The King not the servant of the Church Ruling Elders not Lay-men The King of Scotland not above Laws and Parliaments proved from our acts of Parliament The King of Scotland's oath at his Coronation How the King is supreme Iudge in all Causes The Estates of Parliament do append their collaterall Seales with the Great Seal in Treaties with forraigne Princes Angl. Conf. art 37. Sed eam tantum Prerogativam aequam in sacris Scripturis à Deo ipso omnibus piis Princibus semper fuisse tributam hoc est ut omnes status atque ordines fidei sive commlssos sixe illi ecclesiastiei sint sive civiles in officio â—ontineant â—ontumaces ac delinquenteâ— gladio civili â—oerceant W. Laud and other Prelates enemies to Parliaments The Parliaments of Scotland doe regulate limit and set bounds to the Kings power Fergus the first King of Scotland no Conquerour but a freely elected Prince A fundamentall Law of elective Kings in Scotland The Parliaments of Scotland chosed Kings The Oath of Galdus the 21. King of Scotland Kings of Scotland censured and punished by the Parliament Kings of Scotland of old had no negative voyce Buchan Rer. Scot. l. 7. Coronation Oath Parliaments of Scotland by Law are to decide who should raigne How Royaltie is the first and naturall Government Many Rulers over a great multitude more naturall than one To resist the Will is not to resist the Power Pag. 9. It is no good consequence Christ and the Apostles used not violent resistance to spread the Gospel ergo such resistance is unlawfull The Coronation of the King in concreto is more then a Ceremonie Men may limit the Power that they gave not Arnisaeus de authorit princi c. 3. n. 6. Subiects not more obnoxious to a King then Clients Vassals Children Servi indignè habiti confugiendi ad statuas dominum mutandi copiam habent l. 2. De his qui sunt sui Item C. De lat Hered toll Arnisaeus De authori principumâ—in popul c. 3. n. 7. Subjects in active obedience must subject to a Kings lawfull commandement but in things unlawfull they are not naturally subject in passive subjection Whether King Vzzah was dethroned Arnisaeus de jure Pontif. Rom. in Regna Princ. c. 5. n. 30. Bellarm. de pâ—nit l. 3. c. 2. Deniall of passive obedience in things unjust not dishonourable to the King more then deniall of active obedience in these same things Loyall Convâ—rt page 10. The King may not make away a part of his owne Dominions Ferdinan Vasquius illustr quest l. 1. c. 3. n. 8. juri alieno quisquam nâ—c in minima parte obesse potest l. id quod nostru F. de reg jur l. jur natu cod titul l. How subjects are obliged to pay the Kings debts Subsidies the Kingdoms due rather then the Kings In how many divers notions the Seas Forts Castles Militia Road-wayes are the Kings and how more properly they are the Kingdomes
censuring scandals because they themselves do ill they hate the light now here the Prelate condemneth them of remissenesse in Discipline 20. Satan a lier from the beginning saith The Presbyterie was a seminary and nursery of fiends and contentions bloods because they excommunicated murtherers against King James his will which is all one as to say Prophecying is a nurse of bloods because the Prophets cryed out against King Achab and the murtherers of innocent Naboth the men of God must be either on the one side or the other or then preach against reciprocation 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 and 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 Erg. 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 Popety 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 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 â—lattered 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 cheâ—ks 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 arâ— 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. VVHether 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 prâ—rsus 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 maketh 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 worâ— 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
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 If 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 Offfce 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 idâ—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 Ruiers 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 lâ—sse then the King ibid. The consciences of inferiour Iudges immediately subordinate to God not to the King either mediately
true Kings in a speciall manner reign by Christ Ergo Not by the peoples free election The P. Prelate argueth like himself By this Text a Major of a Citie by the Lord decreeth justice Ergo He is not made a Major of the Citie by the people of the Citie It followeth not 4. None of us teach that Kings reign by Gods anger We judge a King a great mercy of God to Church or State But the Text saith not By the Lord Kings and Iudges do not onely reign and decree justice but also murther Protestants by raising against them an Army of Papists And the word 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Powers doth in no Greek Author signifie irrevocable powers for Vzziah was a lawfull King and yet 2 Chron. 26. lawfully put from the throne and cut off from the house of the Lord And Interpreters on this place deny that the place is to be understood of Tyrants so the Chaldee Paraphrase turns it well Potentes virga justitiae so Lavater and Diâ—datus and Thomas saith this place doth prove That all Kings and Iudges Laws derivari a lege aeterna are derived from the eternall Law The Prelate eating his tongue for anger striveth to prove That all power and so Royall power is of God but what can he make of it we beleeve it though he say Sectaries prove by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That a man is justified by faith onely so there is no power but of God onely but feel the smell of a Iesuite it is the Sectaries doctrine That we are justified by faith onely but the Prelates and the Iesuites goe another way not by faith onely but by works also And all power is from God onely as the first Author and from no man What then Therefore men and people interpose no humane act in making this man a King and not this man It followeth And let us with the Prelate joyn Paul and Solomon together and say That Soveraigntie is from God of God by God as Gods appointment irrevocable Then shall it never follow it is unseparable from the person except you make the King a man immortall as God onely can remove the Crown it is true but God onely can put an unworthy and an excommunicated Prelate from Office and Benefice but how Doth that prove that men and the Church may not also in their place remove an unworthy Church-man when the Church following Gods Word delivereth to Satan Christ onely as head of the Church excommunicateth scandalous men Ergo The Church cannot do it and yet the Argument is as good the one way as the other for all the Churches on earth cannot make a Minister properly they but design him to the Ministery whom God hath gifted and called But shall we conclude ergo no Church on earth but God onely by an immediate action from Heaven can deprive a Minister how then durst Prelates excommunicate unmake and imprison so many Ministers in the three Kingdoms But the truth is take this one Argument from the Prelate and all that is in his Book falleth to the ground to wit Soveraigntie is from God onely A King is a creature of Gods making onely and what then Ergo Soveraigntie cannot be taken from him So God onely made Aarons house Priests 2. Solomon had no Law to depose Abiathar from the Priest-hood Possibly the Prelate will grant all the place Rom. 13. which he saith hath tortured us I refer to a fitter place it will be found to torture Court Parasites I goe on with the Prelate c. 3. Sacred Soveraignty is to be preserved and Kings are to be prayed for that we may lead a godly life 1 Tim. 3. What then 1. All in authority are to be prayed for even Parliaments by that text Pastors are to be prayed for and without them sound religion cannot well subsist 2. Is this questioned but Kings should be prayed for or are we wanting in this duty but it followeth not that all dignities to be prayed for are immediatly from God not from men Prelate Prov. 8. Solomon speaketh first of the establishment of Government before he speake of the workes of Creation ergo better not be at all as be without government And God fixed government in the person of Adam before Evah or any else came into the world and how shall government be and we enjoy the fruits of it except we preserve the Kings sacred Authority inviolable Ans Moses Gen. 1. speaketh of Creation before he speaketh of Kings and Moses speaketh Gen. 3. of Adams sins before he speakes of redemption through the blessed seed ergo better never be redeemed at all as to to be without sin 2. If God made Adam a governour before he made Evah and any of Mankind he was made a father and a husband before he had either sonne or wise Is this the Prelates Logick he may prove that two eggs on his fathers Table are three this way 3. There is no government where soveraignty is not keptinviolable It is true where there is a King soveraignty must be inviolable What then Arbitrary government is not soveraignty 4. He intimateth Aristocracy and Democracy and the power of Parliaments which maketh Kings to be nothing but Anarchie for he speaketh here of no government but Monarchy P. Prelate there is need of grace to obey the King Ps 18. 43. Ps 144. 2. It is God who subdueth the people under David 2. Rebellion against the King iâ— rebellion against God Pet. 2. 17. Prov 24. 12. Ergo Kings have a neare alliance with God Ans 1. There is much grace in Papists and Prelates then who use to write and Preach against grace 2. Lorinus your brother Iesuite will with good warrant of the texts inferre that the King may make a conquest of his own Kingdomes of Scotland and England by the sword as David subdued the Heathen 3. Arbitrary governing hath no alliance with God a rebell to God his Country and an Apostate hath no reason to terme lawfull defence against cut-throat Irish rebellion 4. There is need of much grace to obey Pastors inferiour Iudges masters Col. 3. 22 23. ergo their power is from God immediatly and no more from men then the King is created King by the people according to the way of Royalists P. Prelate God saith of Pharaoh Exo. 9. 7. I have raised thee up Elisha from God constituted the King of Syria 2 King 8. 13. Pharaoh Abimelech Hiram Hazael Hadad are no lesse honoured with the compellation of Kings then David Saul c. Ier. 29. 9. Nebuchadnezer is honoured to be called by way of excellency Gods servant which God giveth to David a King according to his owne heart and Esay 45. 1 2. Thus saith the Lord to his anoynted Cyrus and God nameth him neere a hundreth yeare before he was borne Esay 44. 28. He is my shepheard Daniel 2. 19 20. 17. 24. God giveth Kingdomes to whom he will Dan. 5. 8. and p. 37. Empires Kingdomes Royalties are not
in all things except sinne It is tyrannicall and domineering Logick Many things are ascribed to God only by reason of a speciall and admirable act of providence as the saving of the world by Christ the giving of Canaan to Israel the bringing his people out of Egypt and from Chaldea the sending of the Gospel to both Iew Gentile c. But shall we say that God did none of these things by the ministerie of men and weake and fraile men 2. How proveth the Prelate that all royall ensignes are ascribed to God because Esa 62. the Church universall shall be as a crown of glorie and a royall diadem in the hand of the Lord ergo baculus in angulo the Church shall be as a seale on the heart of Christ what then Hieronymus Procopius Cyrillus with good reason render the meaning thus Thou O Zion and Church shalt be to me a royall Priesthood and a holy people For that he speaketh of his owne Kingdome and Church is most evident v. 1. 2. For Zions sake I will not hold my peace c. 3. God put a crown of pure gold on Davids head Psal 21. 3. therefore Iulian Nero and no elective Kings are made and designed to be Kings by the people He shall never prove this consequence The Chaldee paraphrase applyeth it to the reigne of King Messiah Diodatus he speaketh of the kingdome of Christ Ainsworth maketh this crowne a signe of Christs victorie Athanasius Eusebius Origen Augustine Dydimus expound it of Christ and his kingdome The Prelate extendeth it to all Kings as the blasphemous Rabbines especially Ra. Salomon deny that he speaketh of Christ here but what more reason is there to expound this of the crownes of all Kings given by God I deny not to Nero Julian c. then to expound the foregoing and following verses as applyed to all Kings Did Julian rejoyce in Gods salvation did God grant Nero his hearts desire did God grant as it is v. 4. life eternall to Heathen Kings as Kings which words all Interpreters expound of the eternitie of Davids throne till Christ come and of victorie and life eternall purchased by Christ as Ainsworth with good reason expounds it And what though God give David a Crown ergo not by second causes and by bowing all Israels heart to come in sinceritie to Hebron to make David King 1 King 12. 38. God gave corne and wine to Israel Hos 2. shall the Prelate and the Anabaptist inferre Ergo he giveth it not by plowing sowing and the art of the husbahd-man 3. The Heathen acknowledged a Divinitie in Kings but he is blind who readeth them and seeth not in their writings that they teach that the people maketh Kings 4. God girt David with strength while he was a private man and persecuted by Saul and fought with Goliah as the title of the same beareth and he made him a valiant man of warre to breake bowes of steele ergo he giveth the sword to Kings as Kings and they receive no sword from the people This is poore Logick 5. The P. Prelate sendeth us Judg. 7. 17. to the singular and extraordinarie power of God with Gideon and I say that same power behoved to be in Oreb and Zeba v. 27. for they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princes and such as the Prelate from Pro. 8. 15. saith have no royall power from the people 6. Moses and Aaron their two rods were miraculous This will prove that Priests are also Gods and their persons srcred I see not except the Prelate would be at worshipping of Reliques what more royall Divinitie is in Moses his rod because he wrought miracles by his rod then there is in Elias his staffe in Peters napkin in Pauls shadow This is like the strong symbolicall Theologie of his fathers the Jesuites which is not argumentative except he say that Moses as King of Jesurum wrought miracles and why should not Nero Caligula Pharoah and all Kings rods then dry up the red sea and work miracles 7. We give all the stiles to Kings that the Fathets gave and yet we thinke not when David commandeth to kill Vriah and a King commandeth to murther his innocent subjects in England and Scotland that that is Divalis jussio the command of a God and that this is a good consequence What ever the King commandeth though it were to kill his loyallest Subjects is the commandement of God Ergo the King is not made King by the people 8. Ergo saith he these new Statists disgrace the King If a most New Statist sprung out of a poore pursevant of Kraill from the dunghill to the Court could have made himselfe an old Statist and more expert in state affaires then all the Nobles and soundest Lawyers in Scotland and England this might have more weight 9. Therefore the King saith P. P. is not the extract of the basest of rationall creatures He meaneth fex populi his owne house and linage but God calleth them his owne people a royall Priesthood a chosen generation and ps 78. 71. will warrant us to say the people is much worthier before God then one man seeing God choose David for Iacob his people and Israel his inheritance that he might feede them Iohn P. P. his fathers suffrage in making a King will never be sought We make not the multitude but the three Estates including the Nobles and Gentry to be as rationall creatures as any Apostate Prelate in the three Kingdomes QUEST VII Whether or no the P. Prelate the aforesaid Authâ—r doth by force of reason evince that neither constitution nor designation of the King is from the people THe P. Prelate aymeth but it is an empty ayme to prove that the people are wholly excluded I answer only Arguments not pitched on before as the Prelate saith P. Prelate 1. To whom can it be more proper to give the rule over men then to him who is the onely King truely and properly of the whole world 2. God is the immediate Author of all rule and power that is amongst all his creatures above or below 3. Man before the fall received dominion and empire over all the creatures below immediatly as Gen. 1. 28. Gen. 9. 2. ergo we cannot deny that the most noble government to wit Monarchy must be immediatly from God without any Contract or compact of men Ans The first reason concludeth not what is in question for God only giveth rule and power to one man over another ergo he giveth it immediatly it followeth not 2. It shall as well prove that God doth immediatly constitute all Iudges and therefore it shall be unlawfull for a city to appoint a Major or a shire a Iustice of peace 3. The second argument is inconsequent also because God in creation is the immediat Author of all things and therefore without consent of the creatures or any act of the creature created an Angell a nobler creature then man and a man then a
supposeth the people to be under Popular Government this is not our case for Spalato and the Prelate presupposeth by our grounds that the people by nature must be under Popular Government Augustine dreameth no such thing and we deny that by nature they are under any form of Government 2. Augustine in a case most considerable thinketh one good and potent man may take the corrupt peoples power of giving Honours and making Rulers from them and give it to some good men few or many or to one then Augustine layeth done as a ground that which Spalato and the Prelate denieth That the people hath power to appoint their own Rulers otherwayes how could one good man take that power from them And the Prelates fifth Argument is but a Branch of the fourth Argument and is answered already P. Prelate Chap. 11. He would prove That Kings of the peoples making are not blessed of God The first creature of the peoples making was Abimelech Iudg. 9. 22. who reigned onely three yeers well neer Anti-Christs time of endurance he came to it by blood and an evil spirit rose betwixt him and the men of Sechem and he made a miserable end The next was Ieroboam who had this Motto He made Israel to sin the people made him King and he made the same pretence of a glorious Reformation that our Reformers now make new Calves new Altars new Feasts are erected they banish the Levites and take in the scum and drosse of the vulgar c. 3. Every action of Christ is our instruction Christ was truely a born King notwithstanding when the people would make him a King he disclaimed it he would not be an arbiter betwixt two brethren differing Answ I am not to follow the Prelates order every way though God willing I shall reach him in the fore-going Chapters Nor purpose I to answer his treasonable railing against his own Nation and the Iudges of the Land whom God hath set over this seditious excommunicated Apostate He layeth to us frequently the Iesuites Tenets when as he is known himself to be a Papist In this Argument he faith Abimâ—lech did reigne onely three yeers well neer Anti-Christs reign Is not this the basis and the mother principle of Popery That the Pope is not the Antichrist for the Pope hath continued many ages 1. He is not an individuall man but a race of men but the Antichrist saith Belarmine Stapleton Becanus and the nation of Iesuites and Poplings shall be one inviduall man a born Iaw and shall reign onely three yeers and a half But 1. The Argument from successe proveth nothing except the Prelate prove their bad successe to be from this because they were chosen of the people When as Saul chosen of God and most of the Kings of Israel and Judah who undeniably had Gods calâ—ing to the Crown were not blessed of God and their Government was a ruine to â—oth people and Religion as the people were removed to all the Kingdoms of the earth for the sins of Manassâ—h Iere. 15. 4. Was therefore Manasseh not lawfully called to the Crown 2. For his instance of Kings unlawfully called to the Crown he bringeth us whole two and telleth us that he doubteth as many learned men do Whether Ieroboam was a King by permission onely or by a commission from God 3. Abimelech was cursed because he wanted Gods calling to the throne for then Israel had no King but Iudges extraordinarily raised up by God and God did not raise him at all only he came to the throne by blood and carnall reasons moving the men of Sechem to advance him The Argument presupposeth that the whole lawfull calling of a King is the voices of the people This we never taught though the Prelate make conquest a just title to a Crown and it is but a title of blood and rapine 4. Abimelech was not the first King but onely a Iudge all our Divines with the Word of God maketh Saul the first King 5. For Ieroboam he had Gods Word and Promise to be King 1 King 11. 34 35 37 38. But in my weak judgement he waited not Gods time and way of coming to the Crown but that his coming to the throne was unlawfull because he came by the peoples election is in question 5. That the peoples Reformation and their making a new King was like the Kingdom of Scotlands Reformation and the Parliament of Englands way now is a traiterous calumny For 1. It condemneth the King who hath in Parliament declared all their proceedings to be legall Rehoboam never declared Ieroboams Coronation to be lawfull but contrary to Gods Word made war against Israel 2. It is false that Israel pretended Religion in that change the cause was the rough answer given to the supplication of the Estates complaining of their oppression they were under in Solomons reign 3. Religion is still subjected to policie by Prelates and Caveliers not by us in Scotland who sought nothing but Reformation of Religion of Laws so far as they serve Religion as our Supplications Declarations and the event proveth 4. We have no new Calves new Altars new Feasts but professe and really do hazard life and estate to put away the Prelates Calves Images Tree-worship Altar-worship Saints Feast-dayes Idolatry Masses and nothing is said here but Jesuites and Cananites and Baalites might say though salsly against the Reformation of Iosiah Trueth and purity of worship this yeer is new in relation to Idolatry the last yeer but it is simpliciter older 5. We have not put away the Lords Priests and Levites and taken in the scum of the vulgar but have put away Baals Priests such as excommunicated Prelate Maxwel and other Apostates and resumed the faithfull servants of God who were deprived and banished for standing to the Protestant Faith sworn too by the Prelates themselves 6. Every action of Christ such as his walking on the Sea is not our instruction in that sense that Christs refusing a Kingdom is directly our instruction And did Christ refuse to be a King because the people would have made him a King that is non causa pro causa he refused it because his Kingdom was not in this world and he came to suffer for men not to reign over man 7. The Prelate and others who were Lords of Session and would be Iudges of mens Inheritances and would usurpe the sword by being Lords of Counsell and Parliament have refused to be instructed by every Action of Christ who would not judge betwixt brother and brother P. Prelate Jephtah came to be a Iudge by Covenant betwixt him and the Gileadites here you have an interposed Act of man yet the Lord himself in authorizing him as Iudge vindicateth it no lesse to himself then when extraordinarily he authorized Gideon and Samuel 1 Sam. 12. 11. Ergo whatsoever act of man interveeneth it contributeth nothing to Royall Authority it cannot weaken or repeal it Answ It was as extraordinary that
avowed as the Doctrine of the Church of Scotland and England as the learned Author and my much respected brother evidenceth in his Ludensium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Canterburian selfe conviction 4. The Parliament of England was never yet found guilty of Treason 5. The good Counsellers of great States-men that Parliaments of both Kingdomes would take from the Kings Majesty are a faction of perjured Papists Prelates Iesuites Irish cut-throates Strafords and Apostate subverters of all Lawes divine humane of God of Church of State P. Prelate In whom so ever this power of Government be it is the onely remedy to supply all defects and to set right what ever is disjoynted in Church and State and the subject of this super-intending power must be free from all errour in Iudgement and Practice and so we have a Pope in temporalibus and if the Parliament erre the people must take order with them else God hath left Church and State remedilesse Ans This is stollen from Barolaius also 1. but the same Barclaius saith Si Rex regnum suum alienâ— ditioni manciparit regno cadit If the King shall sell his Kingdome or inslave it to a forraigne power he falleth from all right to his Kingdome but who shall execute any such Law against him not the people not the Peeres not the Parliament for this Mancipium ventris aulae this slave saith p. 147. I know no power in any to punish or curbe Soveraignty but in Almighty God 2. We see no super-intending power on earth in King or people infallible nor is the last power of taking order with a Prince who inslaveth his Kingdome to a forraigne power placed by us in the people because they cannot erre Court flattererâ— who teach that the will of the Prince is the measure of all right and wrong of Law and no Law and above all Law must hold that the King is a temporall Pope both in Ecclesiasticall and Civill matters but because they cannot so readily destroy themselves the law of Nature having given to them a contrary internall principle of selfe preservation as a Tyrant who doth care for himselfe and not for the people 3. And because Extremis morbis extrema remedia in an extraordinary exigent when Achab and Iezabell did undoe the Church of God and Tyrannize over both the bodies and consciences of Priest Prophet and people Elias procured the convention of the States and Elias with the peoples helpe killed all Baals Priests the King looking on and no question against his heart In this case I thinke it s more then evident that the people resumed their power 4. We teach not that people should supply all defects in Government nor that they should use their power when any thing is done amisse by the King no more then the King is to cut off the whole people of God when they refuse an Idolatrous service obtruded upon them against all Law the people is to suffer much before they resume their power but this Court slave will have the people to doe what he did not himselfe for when King and Parliament summoned him was he not obliged to appeare Non-compearance when lawfull royall and Parliamentory power summoneth is no lesse resistance then taking of Forts and Castles P. Prelate Then this super-intending power in people may call a King to accompt and punish him for any misdemeanour or act of injustice Why might not the people of Israels Peeres or Sanedrin have convented David before them judged and punished him for his Adultery with Bathsheba and his murther of Uriah but it is holden by all that Tyranny should be an intended universall totall manifest destruction of the whole Common-wealth which cannot fall in the thoughts of any but a mad man What is recorded in the Story of Nero his wish in this kind may be rather judged the expression of transported passion then a fixed resolution Ans The P. Prelate contrary to the scope of his booke which is all for the subject and seat of Soveraigne power against all order hath plunged himselfe in the deep of Defensive armes and yet hath no new thing 1. Our law of Scotland will warrant any subject if the King take from him his heritage or invade his possession against Law to resist the invaders and to summon the Kings intruders before the Lords of Session for that act of injustice Is this against Gods Word or Conscience 2. The Sancdrim did not punish David Ergo it is not lawfull to challenge a King for any one act of injustice from the practice of the Sanedrim to conclude a thing lawfull or unlawfull is logick we may resist 3. By the P. Prelates doctrine the law might not put Bathshebah to death nor yet Joab the neerest agent of the murthering of innocent Vriah because Bathshebaes adulterie was the Kings adulterie she did it in obedience to King David Joabs murther was Royall murther as the murther of all the Cavaliers for he had the Kings hand-writing for it Murther is Murther and the murtherer is to dye though the King by a secret Let alone a private and illegall warrant command it Ergo the Sanedrim might have taken Bathshebaes life and Joabs head also and consequently the Parliament of England if they be Judges as I conceive God and the Law of that ancient and renowned Kingdome maketh them may take the head of many Joabs and Jermines for murther â—or the command of a King cannot legitimate murther 4. David himselfe as King speaketh more for us then for the Prelate 2 Sam. 12. 7. And Davids anger was greatly kindled against the man the man was himselfe v. 7. Thou art the man and he said to Nathan as the Lord liveth the man that hath done this shall surely dye 5. Every act of injustice doth not un-King a Prince before God as every act of uncleannesse doth not make a wife no wife before God 6. The Prelate excuseth Nero and would not have him resisted if all Rome were one neck that he might cut it off with one stroke I read it of Caligula If the Prelate see more in Historie then I doe I yield 7. He saith the thoughts of totall eversion of a Kingdome must only fall on a mad man The King of Britaine was not mad when he declared the Scots Traytors because they resisted the service of the Masse and raised an Army of Prelaticall cut-throats to destroy them if all the Kingdome should resist Idolatry as all are obliged The King sleeped upon this Prelaticall resolution many moneths passions in servor have not a dayes raigne upon a man And this was not so cleare as the sun but it was as cleare as written printed Proclamations and the pressing of Souldiers and the visible marching of Cut-throats and the blocking of Scotland up by sea and land could be visible to men having five senses Covaruv a great Lawyer saith 1. that all Civill power is penes remp in the hands of the Common-wealth
are for the heir as the mean for the end But the King is for his Kingdom as a mean for the end as the watch-man for the Citie the living Law for peace and safetie to Gods people and therefore is not heres hominum An heir of men but men are rather heredes regis heirs of the King Arnisaeus Many Kingdoms saith he are purchased by just war and transmitted by the Law of heritage from the father to the son beside the consent of the people because the son receiveth right to the Crown not from the people but from his parents nor doth he possesse the Kingdom as the patrimony of the people keeping onely to himself the burden of protecting and governing the people but as a proprietie given to him lege regni by his parents which he is obliged to defend and rule as a father looketh to the good and welfare of the family yet so also as he may look to his own good Answ We read in the Word of God That the people made Solomon King not that David or any King can leave in his Testament a Kingdom to his son 2. He saith The son hath not the right of reigning as the patrimony of the people but as a proprietie given by the Law of the Kingdom by his parents Now this is all one as if he said The son hath not the right of the Kingdom as the patrimony of the people but as the patrimony of the people which is good non-sense For the proprietie of reigning given from father to son by the Law of the Kingdom is nothing but a right to reign given by the Law of the people and the very gift and patrimony of the people for Lex regni This Law of the Kingdom is the Law of the people tying the Crown to such a Royall Family and this Law of the people is prior and ancienter then the King or the right of reigning in the King or which the King is supposed to have from his Royall father because it made the first father the first King of the Royall Line For I demand How doth the son succeed to his fathers Crown and Throne Not by any promise of a divine Covenant that the Lord maketh to the father as he promised that Davids seed should sit on his throne till the Messiah should come this as I conceive is vanished with the Common-wealth of the Iews nor can we now finde any immediate divine constitution tying the Crown now to such a race nor can we say this cometh from the will of the father King making his son King For 1. there is no Scripture can warrant us to say The King maketh a King but the Scripture holdeth forth that the people made Saul and David Kings 2. This may prove That the father is some way a cause why this son succeedeth King but he is not the cause of the Royaltie conferred upon the whole Line because the question is Who made the first father a King Not himself nor doth God now immediately by Prophets anoint men to be Kings then need force the people choose the first man then must the peoples election of a King be prior and more ancient then the birth-law to a Crown And election must be a better right then birth 2. The question is Whence cometh it that not onely the first father should be chosen King but also whence is that whereas it is in the peoples freewill to make the succession of Kings go by free election as it is in Denmark and Pol yet the people doth freely choose not only the first man to be King but also the whole race of the first born of this mans Family to be Kings All here must be resolved in the free will of the Communitie now since we have no immediate and propheticall enthroning of men it is evident That the lineall deduction of the Crown from father to son through the whole line is from the people not from the parent Hence I adde this as my sixth Argument That which taketh away that naturall aptitude and natures birth-right in a Communitie given to them by God and nature to provide the most efficacious and prevalent mean for their own preservation and peace in the fittest Government that is not to be holden but to make birth the best title to the Crown and better then free election taketh away and impedeth that naturall aptitude and natures birth-right of chosing not simply a Governour but the best the justest the more righteous and tyeth and fettereth their choice to one of a house whether he be a wise man and righteous and just or a fool and an unjust man therefore to make birth the best title to the Crown is not to be holden It is objected That parents may binde their after Generations to choose one of such a line But by this Argument their naturall birth-right of a free choice to elect the best and fittest is abridged and clipped and so the posterity shall not be tyed to a King of the Royall Line to which the Ancestors did swear See for this the learned Author of Scripture and Reasons pleaded for defensive Arms. Answ Frequent elections of a King at the death of every Prince may have by accident and through the corruption of our nature bloody and tragicall sequels and to eschew these people may tie and oblige their children to chose one of the first born Male or Female as in Scotland and England of such a line but I have spoken of the excellencie of the title by election above that of birth as comparing things according to their own nature together but give me leave to say That the posterity are tyed to that Line 1. Conditionally So the first born ceteris paribus be qualified and have an head to sit at the helm 2. Elections of Governours would be performed as in the sight of God and in my weak apprehension the person coming neerest to Gods judge Fearing God hating covetousnesse and to Moses his King Deut. 17. one who shall read in the Book of the Law and it would seem now that gracious morals are to us insteed of Gods immediate designation 3. The genuine and intrinsecall end of making Kings is not simply governing but governing the best way in peace honesty and godlinesse 1. Tim. 2. Ergo These are to be made Kings who may most expeditely procure this end neither is it my purpose to make him no King who is not a gracious man onely here I compare title with title 7. Argument Where God hath not bound the conscience men may not binde themselves or the consciences of the posterity But God hath not bound any nation irrevocably and unalterably to a Royall Line or to one kinde of Government Ergo No nation can binde their conscience and the conscience of the posterity either to one Royall Line or irrevocably and unalterably to Monarchy The proposition is clear 1. No Nation is tyed jure divine by
Assert Meere conquest by the sword without the consent of the people is no just title to the Crowne 1. Because the lawfull title that Gods Word holdeth forth to us beside the Lords choosing and calling of a man to the Crowne is the peoples election Deut. 17. 15. all that had any lawfull calling to the Crowne in Gods Word as Saul David Solomon c. were called by the people and the first lawfull calling is to us a rule and paterne to all lawfull callings 2. A King as a King and by vertue of his Royall Office is the Father of the Kingdome a Tutor a Defender Protector a Shield a Leader a Shepheard an Husband a Patron a Watchman a Keeper of the people over which he is King and so the Office essentially includeth acts of fatherly affection care love and kindnesse to those over whom he is set so as he who is cloathed with all these relations of love to the people cannot exercise those officiall Acts on a people against their will and by meere violence Can he be a Father and a Guide a Patron to us against our will and by the sole power of the bloudy sword a benefit conferred upon any against their will is no benefit Will he by the awsome dominion of the sword be our father and we unwilling to be his sonnes an head over such as will not be menbers will he guide me as a Father an Husband against my will he cannot come by meere violence to be a Patton a Shield and a defender of me through violence 3. It is not to be thought that that is Gods just Title to a Crowne which hath nothing in it of the essence of a King but a violent and bloody purchase which is in its prevalency in an oppressing Nymrod and the cruellest tyrant that is hath nothing essentiall to that which constituteth a King for it hath nothing of Heroick and Royall wisedome and gifts to governe and nothing of Gods approving and regulating will which must be manifested to any who would be a King but by the contrary cruelty hath rather basenesse and witlesse fury and a plaine reluctancy with Gods revealing Will which forbideth murther Gods Law should say Murther thou and prosper and raigne and by the act of violating the sixt Commandement God should declare his approving Will to wit his lawfull call to a Throne 4. There be none under a Law of God who may resist a lawfull call to a lawfull Office but men may resist any impulsion of God stirring them up to murther the maniest and strongest and cheife men of a Kingdome that they may raigne over the fewest the weakest and the young and lowest of the people against their will therefore this call by the sword is not lawfull If it be said that the Divine impulsion stirring up a man to make a bloody conquest that the ire and just indignation of God in Iustice may be declared on a wicked Nation is an extraordinary impulsion of God who is above a Law and therefore no man may resist it Ans then all bloody Conquerors must have some extraordinary revelation from Heaven to warrant their yeelding of obedience to such an extraordinary impulsion And if it be so They must shew a lawfull and immediate extraordinary impulsion now but it is certaine the sinnes of the people conquered and their most equall and just demerit before God cannot be a just plea to legitimate the Conquest for though the people of God deserved vastation and captivitie by the Heathen in regard of their sinnes before the throne of Divine Iustice yet the Heathen grievously sinned in conquering them Zach. 1. 15. And I am very sore displeased with the Heathen that are at ease for I was but a little displeased and they helped forward the affliction So though Iudah deserved to be made captives and a conquered people because of their idolatry and other sinnes as Ieremiah had prophecied yet God was highly displeased at Babylon for their unjust and bloody Coneuest Jer. 50. 17 18 33 34. c. 51. 35. The violence done to me and to my flesh be upon Babylon shall the inhabitants of Zion say and my blood upon the inhabitants of Chaldea shall Jerusalem say And that any other extraordinary impulsion to be as lawfull a call to the Throne as the peoples free election we know not from Gods word and we have but the naked word of our Adversaries that William the Conquerour without the peoples consent made himselfe by blood the lawfull King of England and also of all their posteritie And that King Fergus conquered Scotland 5. A King is a speciall gift of God given to feed and defend the people of God that they may lead a godly and peaceable life under him Isal 78. v. 71 72. 1 Tim. 2. 2. as it is a judgement of God that Israel's without a King for many dayes Hos 3. 4. and that there is no Iuâ—ge no King to put evill doers to shame Iudg. 19. 1. but if a King be given of God as a King by the acts of a bloody Conquest to be avenged on the sinfull land over which he is made a King he cannot be given actu primo as a speciall gift and blessing of God to feed but to murther and to destroy for the genuine end of a Conqueror as a Conqueror is not peace but fire and sword If God changâ— his heart to be of a bloody Vastator a father Prince and feeder of the people ex officio now he is not a violent Conquerour and he came to that meeknes by contraries which is the proper worke of the omnipotent God and not proper to man who as he cannot worke miracles so neither can he lawfully worke by contraries and so if Conquest be a lawfull title to a Crown and an ordinary calling as the opponents presume every bloody Conquerour must be changed into a loving father Prince and feeder and if God call him none should oppose him but the whole Land should dethrone their own native Soveraigne whom they are obliged before the Lord to defend and submit to the bloody invasion of a strange Lord presumed to be a just Conqueror as if he were lawfully called to the Throne both by birth and the voyces of the people And truly they deserve no wages who thus defend the Kings Prerogative royall for if the sword be a lawfull title to the crown suppose the two Generals of both Kingdomes should conquer the most and the chiefest of the Kingdome now when they have so many forces in the field by this wicked reason the one should have a lawfull call of God to be King of England and the other to be King of Scotland which is absurd 6. Either conquest as conquest is a just title to the crown or as a just conquest If as Conquest then all conquests are just titles to a Crown then the Ammonites Zidonians Canaanites Edomites c. subduing Gods people for
11. v. 14 15. and yet after those breaches David acknowledgeth him to be his Prince and the Lords annoynted Ans The Prophet Samuel his threatning 1 Sam. 17. is it not exponed of actuall unkinging and rejecting of Saul at the present for after that Samuel both honoured him as King before the people and prayed for him and mourned to God on his behalfe as King 1 Sam. 16. 1. 2. but the threatning was to have effect in Gods time when he should bring David to the Throne as was prophesied upon occasion of lesse sinne even his sacrificing and not waiting the time appointed as God had commanded 1 Sam. 13. v. 13 14. 2. The people and Davids acknowledgment of Saul to be the Lords annoynted and a King after he had committed such acts of Tyranny as seeme destructive of the Royall Covenant and inconsistent therewith cannot prove that Saul was not made King by the Lord and the people conditionally and that for the peoples good and safety and not for their destruction and it doth well prove that those acts of blood and tyranny committed by Saul were not done by him as King or from the principle of Royall power given to him by God and the people 2. That in these acts they were not to acknowledge him as King 3. That these acts of blood were contrary to the covenant that Saul did sweare at his inauguration and contrary to the conditions that Saul in the covenant tooke on him to perform at the making of the Royall covenant 4. They prove not but the States who made Saul King might lawfully dethrone him and annoint David their King But David had reason to hold him for his Prince and the Lords Anointed so long as the people recalled not their grant of Royall dignity as David or any man is obliged to honour him as King whom the people maketh King though he were a bloodier and more tyrannous man then Saul Any Tyrant standeth in titulo so long as the People and Estates who made him King have not recalled their grant so as neither David nor any single man though six hundred with him may unking him or detract obedience from him as King So many acts of disloyaltie and breaches of lawes in the Subjects though they be contrary to this Covenant that the States make with their Prince doth not make them to be no Subjects and the Covenant mutuall standeth thus 3 Arg. If the people as Gods instruments bestow the benefit of a Crown on their King upon condition that he will rule them according to Gods word then is the King made King by the people conditionally but the former is true Ergo so is the latter The assumption is proved thus because to be a King is to be an adopted father tutor a Politick servant and Royall watchman of the State and the Royall honour and Royall maintenance given to him is a reward of his labours and a Kingly hire And this is the Apostles argument Rom. 13. 6. For this cause pay you tribute also there is the wages for they are Gods ministers attending continually upon this very thing There is the worke Qui non implet conditionem à se promissam cadit benefiâ—io It is confirmed thus The people either maketh the man their Prince conditionally that he rule according to Law or absolutely so that he rule according to will or lust or 3. without any vocall transactions at all but only brevi manu say Reigne thou over us and God save the King And so there be no conditions spoken on either side Or 4. The King is obliged to God for the condition which he promiseth by oath to performe toward the people but he is to make no reckoning to the people whether he performe his promise or no for the people being inferiour to him and he solo Deo minor only next and immediate to God the people can have no jus no law over him by vertue of any covenant But the first standing we have what we seeke The second is contrary to Scripture He is not Deut. 17. 15 16. made absolutely a King to rule according to his will and lust for Reigne thou over us should have this meaning Come thou and play the Tyrant over us and let thy lust and will be a law to us which is against naturall sense nor can the sense and meaning be according to the third That the people without any expresse vocall and positive covenant give a Throne to their King to rule as he pleaseth because 1. it is a vain thing for the Prelate and other Mancipia Aulae Court-bellies to say Scotland and England must produce a written authentick covenant betwixt the first King and their People because say they it s the Lawes word De non apparentibus non existentibus eadem lex that covenant which appeareth not it is not For in positive covenants that is true and in such contracts as are made according to the Civill or Municipall lawes or the secondary law of Nations But the generall covenant of nature is presupposed in making a King where there is no vocall or written covenant if there be no conditions betwixt a Christian King and his people then those things which are just and right according to the law of God and the rule of God in moulding the first King are understood to regulate both King and People as if they had been written and here we produce our written covenant Deut. 17. 15. Josh 1. 8 9. 2 Chr. 31 32. 1. Because this is as much against the King as the people and more for if the first King cannot bring forth his written and authentick tables to prove that the Crown was given to him and his heires and his successors absolutely and without any conditions so as his will shall be a law ca lit causa he loseth his cause say they The King is in possession of the Royall power absolutely without any condition and you must put him from his possession by a law I answer this is most false 1. Though he were in mala fide and in unjust possession the law of Nature will warrant the people to repeal their right and plead for it in a matter which concerneth their heads lives and soules 2. The Parliaments of both Kingdomes standing in possession of a nomothetick power to make lawes proveth cleerely that the King is in no possession of any Royall dignitie conferred absolutely and without any condition upon him and therefore it is the Kings part by law to put the Estates out of possession And so though there were no written covenant the standing law and practice of many hundreth acts of Parliament is equivalent to a written covenant 2. When the people appointeth any to be their King the voyce of Nature exponeth their deed though there be no vocall or written covenant For that fact of making a King is a morall lawfull act warranted by the word of God Deut. 17. 15 16. Rom. 13.
Schoolemaster is clearely above all lawes of discipline which he imposeth on his Scholars but none can say that King Asa was clearely above that law of seeking of the Lord God of his fathers Diodorus Siculus l. 17. saith the Kings of Persia were under an oath and that they might not change the Lawes and so were the Kings of Egypt and Ethiopia The Kings of Sparta which Aristotle calleth just Kings renew their oath every moneth Romulus so covenanted with the Senate and People Carolus V. Austriacus sweareth he shall not change the Lawes without the consent of the Electors nor make new lawes nor dispose or impledge any thing that belongeth to the Empire So read we Spec. Saxon. l. 3. Act. 54. and Xenophon Cyriped l. 8. saith there was a covenant between Cyrus and the Persians The nobles are crowned when they crown their King and exact a speciall Oath of the King So doth England Polonia Spaine Arragonia c. Alberi Gentilis Hug. Grotius prove that Kings are really bound to performe Oathes and contracts to their people but notwithstanding there be such a covenant it followeth not from this saith Arnisaeus that if the Prince breake his covenant and rule tyrannically the people shall be free and the contract or covenant nothing Ans The covenant may be materially broken while the King remaineth King and the subjects remaine subjects but when it is both materially and formally declared by the States to be broken the people must be free from their Allegiance but of this more hereafter Arg. 7. If a Master bind himselfe by an Oath to his servant he shall not receive such a benefit of such a point of service if he violate the Oath his Oath must give his servant Law and right both to challenge his Master and he is freed from that point of service an Army appointeth such a one their Leader and Captaine but they refuse to doe it except he sweare he shall not betray them to the enemy he doth betray them then must the souldiers be loosed from that contract if one be appointed Pilate of a ship and not but by an Oath if he sell the Passengers to the Turke they may challenge the Pilate of his Oath and it is cleare that 1. the estates should refuse to give the Crown to him who would refuse to governe them according to Gods Law but should professe that he would make his owne will a Law therefore the intention of the Oath is clearely conditionall 2. When the King sweareth the Oath he is but King in fieri and so not as King above the States of Kingdomes now his being King doth not put him in a case above all civill obligation of a King to his subjects because the matter of the Oath is that he shall be under them so farre in regard of the Oath of God Arg. 8. If the Oath of God made to the people doe not bind him to the people to governe according to Law and not according to his will and lust it should be unlawfull for any to sweare such an Oath for if a power above law agree essentially to a King as a King as Royalists hold he who sweareth such a Oath should both sweare to be a King to such a people and should sweare to be no King in respect by his Oath he should renounce that which is essentiall to a King Arnisaeus objecteth Ex particularibus non potest colligi conclusio universalis some few of the Kings as David Ioash made a covenant with the people it followeth not that this was a universall law Ans Yea the covenant is Deut. 17. and must be a rule to all if so just a man as David was limited by a covenant then all the rest also QUEST XV. Whether or no the King be Vnivocally or only Analogically and by proportion a father IT is true Aristotle Polit. l. 3. c. 11. saith That the Kingly power is a fatherly power and Iustin Novell 12. c. 2. Pater quamvis legum contemptor quamvis impius sit tamen pater est But I doe not beleeve that as Royalists say that the Kingly power is essentially and univocally that same with a paternall or fatherly power or that Adam as a father was as a father and King and that suppose Adam should live in Noahs daies that by divine institution and without consent of the Kingdomes and communities on earth Adam hoc ipso and for no other reason but because he was a father should also be the universall King and Monarch of the whole world or suppose Adam were living to this day that all Kings that hath been since and now are held their Crownes of him and had no more Kingly power then inferiour Iudges in Scotland have under our soveraigne King Charles for so all that hath been and now are lawfull Kings should be unjust usurpers for if fatherly power be the first and native power of commanding it is against nature that a Monarch who is not my father by generation should take that power from me and be a King over both me and my children But I assert that though the Word warrant us to esteem Kings fathers Esa 49. 23. Jud. 5. 7. Gen. 20. v. 2. yet are not they essentially and formally fathers by generation Num. c. 11. v. 12. Have I conceived all this people have I begotten them and yet are they but fathers metaphorically 1. By office because they should care for them as fathers doe for children and so come under the name of fathers in the fifth Commandement and therefore rigorous and cruell Rulers are Leopards and Lyons and Wolves Ezech. 22. 27. Zeph. 3. 3. If then tyrannous Judges be not essentially and formally Leopards and Lyons but only metaphorically neither can Kings be formally fathers 2. Not only Kings but all Iudges are fathers in defending their subjects from violence and the sword and fighting the Lords battells for them and counselling them If therefore Royalists argue rightly A King is essentially a father and fatherly power and royall power are of the same essence and nature As therefore he who is once a father is ever a father and his children cannot take up armes against him to resist him for that is unnaturall repugnant to the 5. Commandement So he who is once a King is evermore a King and it is repugnant to the fifth Commandement to resist him with armes It is answered that the Argument presupposeth that Royall power and Fatherly power is one and the same in nature whereas they differ in nature and are only one by analogie and proportion for so Pastors of the Word are called fathers 1 Cor. 4. 15. it will not follow that once a Pastor evermore a Pastor and that if therefore Pastors turne wolves and by hereticall doctrine corrupt the flock they cannot be cast out of the Church 3. A father as a father hath not power of life and death over his sonnes because Rom. 13. by divine institution the
Maxwell the Prelate should he love him as the Pursevant of Craile Maxwell his father loved him I conceive not hath the adopted sonne his life his being the figure bodily the manners of the sonne in whose place he is adopted or doth he naturally resemble the father as the naturall sonne doth The Prelate did not read this Law in any approved Iurist though he did steale the argument from Arnisaeus and stole the citations of Homer and Aristotle out of him with a little Metathesis A naturall sonne is not made a sonne by the consent of Parents but he is a sonne by generation so must the adopted sonne be adopted without the free consent and grace of the father adopting so here the King commeth in the place of a naturall father but I conceive the Law saith not that the elected King is a King without consent of the subjects as the naturall father is a father without consent of his sonnes 2. Nor is it a Law true as once a father alwaies a father so once an elected King alwaies a King though he sell his subjects being induced thereunto by wicked Counsellors 3. If the King have no priviledges but what the naturall father hath in whose place he commeth then as the naturall father in a free Kingdome hath not power of life and death over his sonnes neither hath the King power of life and death over his subjects this is no Law 4. This maxime should prove good if the King were essentially a father by generation and naturall propagation but he is onely a father Metaphorically and by a borrowed speech A father non generando sed politicè alendo tuendo regendo therefore an elected Prince commeth not in the full possession of all the naturall power and rights of a naturall father 2. The P. Prelate speaketh disgracefully of the Church of God calling it a disorderly community as if he himselfe were borne of Kings where as God calleth the King their Shepheard and the people Gods flocke inheritance and people and they are not a disorderly body by nature but by sin in which sense the Prelate may call King Priest and people a company of Heires of Gods wrath except he be an Arminian still as once he was 3. If we are in ordinary providence now because we have not Samuels and Prophets to anoynt Kings to hold the designation of a person to be King to be the manifestation of Gods Will called voluntas â—igni is Treason for if Scotland and England should designe Maxwell in the place of King Charles our native Soveraigne an odious comparison Maxwell should be lawfull King for what is done by Gods Will called by our Divines they have it not from Schoolemen as the Prelate ignorantly saith his signified will which is our rule is done lawfully there can be no greater treason put in print then this QUEST XVI Whether or no a despotiticall and masterly dominion of men and things agree to the King because he is King I May here dispute whether the King be Lord having a masterly dominion both over men and things But I first discusse shortly his dominion over his subjects It is agreed on by Divines that servitude is a penall fruit of sinne and against nature Institut de jure personarum Sect. 1. F. de statu hominum l. libertas Because all men are borne by nature of equall condition 1 Assert The King hath no proper masterly or herile dominion over his subjects his dominion is rather fiduciary and ministeriall than masterly 1. Because Royall Empire is essentially to feed rule defend and to governe in Peace and Godlinesse 1 Tim. 2. 2. as the father doth his children Ps 78. 71. He brought him to feed Jacob his people and Israel his inheritance Esa 55. 4. I gave him for a leader and commander to the people 2 Sam. 5. 2. Thou shalt feed my people Israel 2 Sam. 5. 2. 1 Chron 11. 2. 1 Chron 17. 6. And so it is for the good of the people and to bring those over whom he is a feeder and ruler to such a happy end and as saith Althusius polit c. 1. n. 13. and Marius Salomonius de princ â— 2. it is to take care of the good of those over whom the Ruler is set and conservare est rem illaesam servare to keep a thing safe But to be a Master and to have a masterly and herile power over slaves and servants is to make use of servants for the owners benefit not for the good of the slave L. 2. de leg L. Servus de servit expert Danae polit l. 1. Tolossan de Rep. l. 1. c. 1. n. 15 16. therefore are servants bought and sold as goods jure belli F. de statu hominum l. servorum 2. Not to be under Governors and Magistrates is a judgement of God Esa 3. 6 7. Esa 3. 1. Hos 3. 4. Iudg. 19. 1 2. But not to be under a master as slaves are is a blessing seeing freedome is a blessing of God Ioh. 8. 33. Exod. 21. 2. v. 26 27. Deut. 15. 12. so he that killeth Goliah 1 Sam. 17. 25. his fathers house shall be free in Israel Ier. 34. 9. Act. 22. 28. 1 Cor. 9. 19. Gal. 4. 26. 31. Therefore the power of a King cannot be an herile and masterly power for then to be under a Kingly power should both be a blessing and a curse and just punishment of sinne 3. Subjects are called the servants of the King 1 Sam. 15. 2. 2 Chron. 13. 7. 1 King 12. 7. Exod. 10. 1 â— Exod 9. 20. but they are not slaves because Deut. 17. 20. they are his brethren That the Kings heare be not lifted up against his brethren And his sonnes Esa 49. 23. And the Lord gave his people a King as a blessing 1 King 10. 9. Hos 1. 11. Esa 1. 26. Ier. 17. 25. And brought them out of the house of bondage Exod. 20. v. 2. as out of a place of miserie And therefore to be the Kings servants in the places cited is some other thing then to be he Kings slaves 4. The Master might in some cases sell the servant for money yea for his own gain he might doe it Nehem. 5. 8. Eccles 2. 7. 1 King 2. 32. Gâ—n 9 25. Gen. 26 14. 2 King 4. 1. Gen. 20. 14. and might give away his servants and the servants were the proper goods and riches of the master Eccles 2. 7. Gen. 30. 43. Gen. 20. 14. Job 1. 3. 15. But the King may not sell his Kingdome or Subjects or give them away for money or any other way for Royalists grant that King to be a Tyrant and worthy to be dethroned who shall sell his people for the King may not delapidate the rents of the Crown and give them away to the hurt and prejudice of his successors L. ult Sect. sed nostr C. Comment de lege l. petâ— 69. Sect. fratrom de lege 2. l. 32. ulâ—imo D. T. and
then ergo a Communitie is not King I grant all But poore man Ergo the power of making a King who hath power of life and death is not in the people It is like Prelates logick Samuel is not a King ergo he cannot make David a King It followeth not by the Prelates ground So the King is not an in inferiour Iudge What ergo he cannot make an inferiour Iudge 9. The power of life and death is eminently and virtually in the people collectively taken though not formally And though no man can take away his own life or hath power over his own life formally yet a man and a body of men hath power over their own lives radically and virtually in respect they may render themselves to a Magistrate and to Lawes which if they violate they must be in hazard of their lives and so they virtually have power of their own lives by putting them under the power of good lawes for the peace and safety of the whole 10. This is a weake consequence None hath power of his owne life Ergo far lesse of his neighbours saith the Prelate I shall denie the consequence The King hath not power of his own life that is according to the Prelates mind he can neither by the law of nature nor by any Civill law kill himselfe Ergo the King hath far lesse power to kill another It followeth not for the Iudge hath more power over his neighbours life then over his own 11. But saith the P. Prelate The Communitie conceived without government all as equall endowed with natures and native libertie hath no power of life and death because all aâ—e borne free and so none is borne with dominion and power over his neighbours life Yea but so Mr. P. Prelate a King considered without government and as born a free man hath not power of any mans life more then a Communitie hath for King and Begger are borne both alike free But a Communitie in this consideration as they come from the wombe have no Politique consideration at all If you consider them as without all policie you cannot consider them as invested with policie yea if you consider them so as they are by nature voyd of all policie they cannot so much as adde their after-consent and approbation to such a man to be their King whom God immediately from heaven maketh a King for to adde such an after-consent is an 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 intenfivè 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
voluntary aspect information or commandement of the King but on that immediate subjection of their conscience to the King of Kings And their Iudgement which they execute is the Lords immediatly and not the Kings and so the comparison halteth Arg. Our 10th Arg. If the King dying the Iudges inferiour remaine powers from God the Deputies of the Lord of Hoasts having their power from God then are they essentially Iudges yea and if the estates in their prime representators and leaders have power in the death of the King to choose and make another King then are they not Iudges and Rulers by derivation and participation or unproperly but the King is rather the Ruler by derivation and participation then these who are called inferiour Iudges Now if these Iudges depend in their Sentences upon the immediat will of him who is supposed to be the only Iudge when this only Iudge dyeth they should cease to be Iudges for Expirante mandatore expirat mandatum because the Fountaine Iudge drying up the streames must dry up Now when Saul dyed the Princes of the Tribes remaine by Gods institution Princes and they by Gods Law and Warrant Deut. 17. choose David their King 11. If the King through absolute power doe not send inferiour Iudges and constitute them but only by a power from the people and if the Lord have no lesse immediate influence in making inferiour Iudges then in making Kings then is there no ground that the King should be sole Iudge and the inferiour Iudge only Iudge by derivation from him and essentially his Deputy and not the immediate Deputy of God But the former is true ergo so is the latter And first that the Kings absolute Will maketh not inferiour Iudges is cleare from Deut. 1. 15. Moses might not follow his owne will in making inferiour Iudges whom he pleased God tyed him to a Law v. 13. that he should take wise men known amongst the people and fearing God and hating covetousnesse And these qualifications were not from Moses but from God and no lesse immediatly from God then the inward qualification of a King Deut. 17. and therefore it is not Gods Law that the King may make inferiour Iudges only Durante beneplacito during his absolute will for if these Divine qualifications remaine in the seventy Elders Moses at his will could not remove them from their places 2. That the King can make heritable Iudges more then he can communicate faculties and parts of judging I doubt riches are of fathers but not promotion which is from God and neither from the East nor the West That our Nobles are borne Lords of Parliament and Iudges by blood is a positive Law 3. It seemeth to me from Esay 3. 1 2 3 4. that the inferiour Iudge is made by consent of the people nor can it be called a wronging of the King that all cities and Burroughs of Scotland and England have power to choose their owne Provests Rulers and Majors 4. If it be warranted by God that the lawfull Call of God to the Throne be the election of the people the call of inferiour Iudges must also be from the people mediatly or immediatly So I see no ground to say that the inferiour Iudge is the Kings Vicegerent or that he is in respect of the King or in relation to supreme Authority only a private man 12. These Iudges cannot but be univocally and essentially Iudges no lesse then the King without which in a Kingdome Iustice is Physically unpossible and Anarchie and violence and confusion must follow if they be wanting in the Kingdome But without inferiour Iudges though there be a King Iustice is Physically unpossible and Anarchie and confusion must follow c. Now this Argument is more considerable that without inferiour Iudges though there be a King in a Kingdome Iustice and safety are unpossible and if there be inferiour Iudges though there be no King as in Aristocracy and when the King is dead and another not Crowned or the King is Minor or absent or a captive in the enemies Land yet justice is possible and the Kingdome preserved the Medium of the Argument is grounded upon Gods Word Num. 11. 14 15. when Moses is unable alone to judge the people seventy Elders re-joyned with him 16. 17. so were the Elders adjoyned to helpe him Exo. 24. 1. Deut. 5. 23. c. 22. 16. Iosh 23. 2. Iudg. 8. 14. Iudg. 11. 5. Iudg. 11. â—â— 1 Sam. 11. 3. 1 King 20. 7. 2 King 6. 32. 2 Chro. 34. 29. Ruth 4. 4. Deut. 19. 12. Ezech. 8. 1 Lament 1. 19. then were the Elders of Moab thought they had a King 2. The end naturall of Iudges hath been indigence and weaknesse because men could not in a society defend themselves from violence therefore by the light of nature they gave their power to one or more and made a Iudge or Iudges to obtaine the end of selfe preservation But Nature useth the most efficacious meanes to obtaine its end but in a great society and Kingdome the end is more easily attained by many Governours then by one only for where there is but one he cannot minister Iustice to all and the farther that the children are removed from their father and tutor they are the nearer to violence and unjustice Iustice should be at as easie a rate to the poore as a draught of water Samuel went yearely through the Land to Bethell Gilgall Mizpeh 1 Sam. 7. 16. and brought Iustice to the doores of the poore So were our Kings of Scotland obliged to doe of old but now justice is as deare as gold it is not a good argument to prove inferior Iudges to be only Vicars and Deputies of the King because the King may censure and punish them when they pervert judgement 1. Because the King in that punisheth them not as Iudges but as men 2. That might prove all the Subjects to be Vicars and Deputies of the King because he can punish them all in the case of their breach of lawes QUEST XXI What power the People and States of Parliament have over the King and in the State IT is true the King is the head of the Kingdome but the States of the Kingdome are as the temples of the head and so as essentially parts of the head as the King is the crown of the head Assert 1. These Ordines Regni the States have been in famous Nations so there were fathers of families and Princes of Tribes amongst the Jewes The Ephori amongst the Lacedemonians Polyb. hist l. 6. The Senate amongst the Romanes The forum Superbiense amongst the Arragonians The Parliaments in Scotland England France Spaine 2 Sam. 3. 17. Abner communed with the Elders of Israel to bring the King home And there were Elders in Israel both in the time of the Judges and in the time of the Kings who did not only give advice and counsell to the Judges and Kings but also were Iudges no lesse then
the Kings and Iudges which I shall make good by these places Deut. 21. 19. The rebellious Son is brought to the Elders of the Citie who had power of life and death and caused to stone him Deut. 22. 18. The Elders of the Citie shall take that man and chastise him Iosh 20. 4. But beside the Elders of every Citie there were the Elders of Israel and the Princes who had also judiciall power of life and death as the Iudges and King had Josh 22. 30. Even when Ioshua was Iudge in Israel the Princes of the Congregation and heads of the Thousands of Israel did judicially cognosce whether the Children of Reuben of Gad and of halfe the tribe of Manasseh were apostates from God and the Religion of Israel 2 Sam. 5. 3. All the Elders of Israel made David King at Hebron and Num. 11. They are appointed by God not to be the advisers only and helpers of Moses but v. 14 17. to beare a part of the burden of ruling and governing the people that Moses might be eased Jeremiah is accused c. 26. 10. upon his life before the Princes Iosh 7 4. The Princes sit in judgement with Ioshua Iosh 9. 15. Ioshua and the Princes of the Congregation sware to the Gibeonites that they would not kill them The Princes of the house of Israel could not be rebuked for oppression in judgement Mic. 3. 1 2 3. if they had not had power of judgement So Zeph. 3. 3. And Deut. 1. 17. 2. Chron. 19. 6 7. They are expresly made Iudges in the place of God And 1 Sam. 8. 2. without advise or knowledge of Samuel the supreme Iudge they conveene and ask a King and without any head or superior when there is no King they conveene a Parliament and make David King at Hebron And when David is banished they conveen to bring him home againe when Tyrannous Athalia reigneth they conveene and make Ioash King and that without any King And Iosh 22. there is a Parliament conveened and for any thing we can read without Ioshua to take cognisance of a new Altar It had been good that the Parliaments both of Scotland and of England had conveened though the King had not indicted and summoned a Parliament without the King to take order with the wicked Clergie who had made many idolatrous Altars And the P. Prelate should have brought an argument to prove it unlawfull in foro Dei to set up the Tables and Conventions in our Kingdome when the Prelates were bringing in the grossest idolatrie into the Church a service for adoring of Altars of Bread the worke of the hand of the Baker a God more corruptible then any god of silver and gold And against Achabs will and minde 1 King 18 19. Elias causeth to kill the Priests of Baal according to Gods expresse law It is true it was extraordinary but no otherwise extraordinary then it is at this day When the supreme Magistrate will not execute the judgement of the Lord Those who made him supreme Magistrate under God who have under God soveraigne libertie to dispose of crownes and kingdomes are to execute the judgement of the Lord when wicked men make the law of God of none effect 1 Sam. 15. 32. so Samuel killed Hagage whom the Lord expresly commanded to be killed because Saul disobeyed the voyce of the Lord. I deny not but there is necessitie of a cleere warrant that the Magistrate neglect his duty either in not conveening the States or not executing the judgement of the Lord. 3. I see not how the conveening of a Parliament is extraordinarie to the States for none hath power ordinary when the King is dead or when he is distracted or captive in another land to conveene the Estates and Parliament but they only and in their defect by the law of Nature the people may conveene But 4. If they be essentially Iudges no lesse then the King as I have demonstrated to the impartiall Reader in the former Chapter I conceive though the State make a positive law for Orders cause that the King ordinarily conveene Parliaments Yet if we dispute the matter in the court of Conscience the Estates have intrinsecally because they are the Estates and essentially Iudges of the Land ordinary power to conveene themselves 1. Because when Moses by Gods rule hath appointed seventie men to be Catholike Iudges in the Land Moses upon his sole pleasure and will hath not power to restraine them in the exercise of judgment given them of God for as God hath given to any one Iudge power to judge righteous judgement though the King command the contrary so hath he given to him power to sit down in the gate or the bench when and where the necessitie of the oppressed people calleth for it For 1. the expresse commandement of God which saith to all Iudges Execute judgement in the morning involveth essentially a precept to all the Physicall actions without which it is impossible to execute judgement As namely if by a divine precept the Iudge must execute judgement ergo he must come to some publique place and he must cause partie and witnesses come before him and he must consider cognosce examine in the place of judgement things persons circumstances and so God who commandeth positive acts of judgeing commandeth the Iudges locomotive power and his naturall actions of compelling by the sword the parties to come before him even as Christ who commandeth his servants to preach commandeth that the Preacher and the People goe to Church and that he stand or sit in a place where all may heare and that he give himselfe to reading and meditating before he come to preach And if God command one Iudge to come to the place of judgement so doth he command seventie and so all Estates to conveen in the place of judgement It is objected That the Estates are not Iudges ordinary and habitually but only Iudges at some certaine occasions when the King for cogent and weighty causes calleth them and calleth them not to judge but to give him advise and counsell how to judge Ans 1. They are no lesse Iudges habitually then the King when the common affaires of the whole Kingdome necessitateth these Publique Watchmen to come together for even the King judgeth not actually but upon occasion 2. This is to beg the question to say that the Estates are not Iudges but when the King calleth them at such and such occasions for the Elders Princes and Heads of families and Tribes were Iudges ordinarie because they made the King And 2. the Kingdome by God yea and Church Iustice and Religion so far as they concerne the whole Kingdome are committed not to the keeping of the King only but to all the Iudges Elders and Princes of the Land And they are rebuked as evening wolves lyons oppressors Ezech. 22. 27. Zaca 3. 3. Esa 3. 14 15. Mic. 3. 1 2 3. when they oppresse the people in judgement So are they Deut.
conscience of obedience to his Law And what if the subject disobey the Great Turk if the Great Turke be a lawfull Prince as you will not deny And if the King of Spaine should command forraine conquered slaves to doe the like By your Doctrine neither the one nor the other were obliged to resist by violence but to pray or fly which both were to speake to stones and were like the man who in case of ship-wrack made his devotion of praying to the waves of the sea not to enter the place of his bâ—d and drowne him But a Christian King hath not this power Why and a Christian King by Royalists doctrine hath a greater power then the Turke if greater can be he hath power to command his subjects to cast themselves into Hell-fire that is to presse on them a service wherein it is written Adore the worke of mens hands in the place of the living God and this is worse then the Turkes commandement of bodily burning quick And what is left to the Christian Subjects in this case is the very same and no other then is left to the Turkish and forraigne Spanish subject Either flee or make prayers There is no more left to us 2. Many Royalists maintaine that England is a conquered Nation Why then see what power by law of Conquest the King of Spaine hath over his slaves the same must the King of England have over his subjects For to Royalists a title by Conquest to a Crown is as lawfull as a title by birth or election For lawfulnesse in relation to Gods law is placed in an indivisible point if we regard the essence of lawfulnesse And therefore there is nothing left to England but that all Protestants who take the oath of a Protestant King to defend the true Protestant Religion should after prayers conveyed to the King through the fingers of Prelates and Papists leave the Kingdome empty to Papists Prelates and Atheists 3. All power restrained that it cannot arise from ten degrees to foureteen from the Kingly power of Saul 1 Sam. 8. 9 11. to the Kingly power of the Great Turke to fourteen 1. must either be restrained by Gods law 2. or by Mans law or 3. by the innate goodnes and grace of the Prince or 4. by the providence of God A restraint from Gods law is vaine for it is no question between us and Royalists but God hath laid a morall restraint on Kings and all men that they have not morall power to sinne against God 2. Is the restraint laid on by mans law What law of man 1. The Royalist saith 1. The King as King is above all law of man Then say I no law of man can hinder the Kings power of ten to arise to the Turkish power of foureteen 2. All law of man as it is mans law is seconded either with Ecclesiasticall and spirituall coaction such as Excommunication or with Civill and temporall coaction such as is the Sword if it be violated But Royalists deny that either the sword of the Church in Excommunication or the Civill sword should be drawn against the King 3. This law of man should be produced by this profound Iurist the P. Prelate who mocketh at all the Statists and Lawyers of Scotland It is not a covenant betwixt the King and People at his Coronation for though there were any such covenant yet the breach of it doth binde before God but not before man nor can I see or any man else how a law of man can lay a restraint on the Kings power of two degrees to cancell it within a Law more then on a power of ten or fourteene degrees If the King of Spaine the lawfull Soveraigne of those over-European people as Royalists say have a power of foureteene degrees over those conquered Subjects as a King I see not how he hath not the like power over his own Subjects of Spaine to wit even of Foureteen for what agreeth to a King as a King and Kingly power from God he hath as King he hath it in relation to all Subjects except it be taken from him in relation to some Subjects and given by some law of God or in relation to some other Subjects Now no man can produce any such law 4. The nature of the goodnesse and grace of the Prince cannot lay bonds on the King to cancell his power that he should not usurpe the power of the King of Spaine toward his over-Europeans 1. Royalists plead for a power due to the King as King and that from God such as Saul had 1 Sam. 8. 9 11. 1 Sam. 10. 25. But this power should be a power of grace and goodnesse in the King as a good man not in the King as a King and due to him by law And so the King should have his Legall power from God to be a Tyrant But if he were not a Tyrant but should lay limits on his own power through the goodnesse of his own nature No thankes to Royalists that he is not a Tyrant For actu primo and as he is a King as they say he is a Tyrant having from God a Tyrannous power of ten degrees as Saul had 1 Sam. 8. and why not of foureteen degrees as well as the Great Turke or the King of Spaine if he use it not it is his own personall goodnesse not his officiall and Royall power 4. The rastraint of Providence laid by God upon any power to doe ill hindreth only the exercise of the power not to breake forth in as Tyrannous acts as ever the King of Spaine or the great Turke can exercise toward any Yea Providence layeth Physicall restraint and possibly morall sometimes upon the exercise of that power that Devils and the most wicked men of the world hath but Royalists must shew us that Providence hath laid bounds on the Kings power and made it fatherlie and not masterly so that if it the power exceed bounds of fatherly power and passe over to the dispoticall and masterly power it may be resisted by the Subjects But that they will not say 4. This paternall and fatherly power that God hath given to Kings as Royalists teach it trencheth not upon the libertie of the Subjects and propertie of their goods but in and by lawfull and just acts of Jurisdiction saith the P. Prelate Well Then it may trench upon the libertie of soule and body of the Subjects but in and by lawfull and just acts of of jurisdiction But none are to judge of these acts of Iurisdiction whether they be just or not just but the King the only Iudge of supreme and absolute authoritie and power And if the King command the idolatrous service in the obtruded Service-booke it is a lawfull and a just act of jurisdiction For to Royalists who make the Kings power absolute all acts are so just to the Subject though he command Idolatrie and Turcisme that we are to suffer only and not to resist 5. The
Leopard or a Nero and a Julian then hath God given actu primo a power to a King as King to inslave the people and slock of God redeemed by the blood of God as the slaves among the Romans and Iews who were so under their masters as their bondage was a plague of God and the lives of the people of God under Pharaoh who compelled them to work in brick and clay 2. Though he cut the throats of the people of God as the Lionnesse Queen Mary did and command an Army of souldiers to come and burn the Cities of the Land and kill man wife and children yet in so doing he doth the part of a King so as you cannot resist him as a man and obey him as a King but must give your necks to him upon this ground because this absolute power of his is ordained of God and there is no power even to kill and destroy the innocent but it is of God so saith Paul Rom. 13. If we beleeve Court-Prophets or rather Lying-Spirits who perswade the King of Britain to make war against his three Dominions Now it is clear that the distinction of bound and free continued in Israel even under the most tyrannous Kings 2 Kings 4. 1. yea even when the Iews were captives under Ahasuerus Esther 7. 4. And what difference should there be between the people of God under their own Kings and when they were captives under Tyrants serving wood and stone and false gods as was threatned as a curse in the Law Deut. 28. 25 36 64 68. If their own Kings by Gods appointment have the same absolute power over them and if he be a Tyrant actu primo that is if he be indued with absolute power and so have power to play the Tyrant then must the people of God be actu primo slaves and under absolute subjection for they are relatives as lord and servant conquerour and captive It is true they say Kings by office are fathers they cannot put forth in action their power to destroy I answer it is their goodnesse of nature that they put not forth in action all their absolute power to destroy which God hath given them as Kings and therefore thanks are due to their goodnesse for that they do not actu secundo play the Tyrant for Royalists teach that by vertue of their office God hath given to them a Royall power to destroy Ergo The Lords people are slaves under them though they deal not with them as slaves but that hindereth not but the people by condition are slaves so many Conquerours of old did deal kindely with these slaves whom they took in war and dealt with them as sons but as Conquerours they had power to sell them to kill them to put them to work in brick and clay so say I here Royall power and a King cannot be a blessing and actu primo a favour of God to the people for the which they are to pray when they want a King that they may have one or to praise God when they have one But a King must be a curse and a judgement if he be such a creature as essentially and in the intention and nature of 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 9th 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 a 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.
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 â—â— 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 Counsell and Law also for none more absolute de facto I cannot say de jure then the Kings of Babylon and Persia for Daniel saith of one of them Dan. 5. 19. Whom he would he slew and whom he would he kept alive and whom he would he set up and whom he would he put down and yet these same Kings did nothing but by advice of their Princes and Counsellors yea so as they could not alter a decree and law as is clear Ester 1. 14 15 16 17 21. Yea Darius de facto an absolute Prince was not able to deliver Daniel because the Law was passed that he should be cast into the Lions den Dan. 6. 14 15 16. 4. That which the spirit of God condemneth as a point of Tyranny in Nebuchadnezzar that is no lawfull Prerogative Royall but the spirit of God condemneth this as Tyranny in Nebuchadnezzar That he slew whom he would he kept alive whom he would he set up whom he would he put down this is too God-like Deut. 32. 39. So Polanus Rollocus on the place say he did these things Vers 19. Ex abusu legitime potestatis for Nebuchadnezzars will in matters of death and life was his Law and he did what pleased himself above all Law beside and contrary to it and our flatterers of Kings draw the Kings Pretogative out of Vlpians words who saith That is a Law which seemeth good to the Prince but Vlpian was far from making the Princes will a rule of good and ill for he saith the contrary That the Law ruleth the just Prince 5. It is considerable here that Sanches defineth the absolute power of Kings to be a plenitude and fulnesse of power subject to no necessity and bounded with rules of no publick Law and so did Baldus before him but all Politicians condemn that of Caligula as Suetonius saith which he spake to Alexander the Great Remember that thou maist do all things and that thou hast a power to do to al men what thou pleasest And Lawyers say that this is Tyranny Chilon one of the seven wise of Greece as Rodigi saith better Princes are like gods because they onely can do that which is just And this power being meerly Tyrannicall can be no ground of a Royall Prerogative There is another power saith Sanches absolute by which a Prince dispenseth without a cause in a humane law and this power saith he may be defended but he saith What the King doth by this absolute power he doth it validè validly but not jure by Law but by valid acts the Iesuite must mean Royall Acts but no acts void of Law and Reason say we can be Royall Acts for Royall Acts are acts performed by a King as a King and by a Law and so cannot be Acts above or beside a Law It is true a King may dispence with the breach of an humane Law as a humane Law that is If the Law be death to any who goeth up on the Walls of the Citie the King may pardon any who going up discovereth the enemies approach and saveth the Citie But 1. The inferiour Iudge according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that benigne interpretation that the soul and intent of the Law requireth may do this as well as the King 2. All acts of independent Prerogative are above a Law and acts of free-will having no cause or ground in the Law otherwayes it is not founded upon absolute power but on power ruled by Law and Reason but to pardon a breach of the letter of the Law of man by exponing it according to the true intent of the Law and benignly is an act of legall obligation and so of the ordinary power of
all Iudges and if either King or Iudge kill a man for the violation of the Letter of the Law when the intent of the Law contradicteth the rigid sentence he is guilty of innocent blood If that learned Ferdin Vasquez be consulted he is against this distinction of a power ordinary and extraordinary in men and certainly if you give to a King a Prerogative above a Law it is a power to do evill as well as good but there is no lawfull power to do evill and Doct. Ferne is plunged in a contradiction by this for he saith Sect. 9. pag. 58. I ask when these Emperours took away lives and goods at pleasure Was that power ordained by God No. But an illegall will and Tyranny But Pag. 61. The power though abused to execute such a wicked commandment is an Ordinance of God It is objected 1. For the lawfulnesse of an absolute Monarchy The Easterne Persian and Turkes Monarchy maketh absolute Monarchy lawfull for it is an Oath to a lawfull obligatory thing and judgment Ezech. 17. 16 18. is denounced against Iudah for breaking the Oath of the King of Babylon and it is called the Oath of God and doubtlesse was an Oath of absolute subjection and the power Rom. 13. was absolute and yet the Apostle calleth it an Ordinance of God The soveraignty of Masters over servanes was absolute and the Apostle exhorteth not to renounce that title as to ridged but exhorteth to moderation in the use of it Ans That the Persian Monarchy was absolute is but a facto ad jus and no rule of a lawfull Monarchy but that it was absolute I beleeve not Darius who was an absolute Prince as many think but I thinke not would gladly have delivered Daniel from the power of a Law and Dan. 6. 14. And he set his heart on Daniel to deliver him and he laboured till the going downe of the Sun to deliver him and was so sorrowfull that he could not breake through a Law that he interdicted himselfe of all pleasures of Musitians and if ever he had used the absolutenesse of a Prerogative Royall I conceive he would have done it in this yet he could not prevaile But in things not established by Law I conceive Darius was absolute as to me is cleare Daniel 6. v. 24. but absolute not by a Divine Law but De facto quod transierat in jus humanum by fact which was now become a lrw 2. It was Gods Oath and God tyed Iudah to absolute subjection ergo people may tye themselves It followeth not except you could make good this inference God is absolute ergo the King of Babylon may lawfully be absolute this is a blasphemous consequence 2. That Iudah was to sweare the Oath of absolute subjection in the latitude of the absolutenesse of the Kings of Chaldea I would see proved their absolutenesse by the Chaldean Lawes was to command murther Idolatry Daniel 3. 4 5. and to make wicked Lawes Dan. 6. v. 7 8. I beleeve Ieremiah commanded not absolute subjection in this sence But the contrary Ier. 10. v. 11. They were to sweare the Oath in the point of suffering but what if the King of Chaldea had commanded them all the whole holy Seed men women and children out of his Royall power to give their neckes all in one day to his sword were they obliged by this Oath to prayers and teares 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 fly 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 fly 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 that 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. Iâ— 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
if they break this Law But this maketh not the King greater then the Law for therefore do Rulers put the stamp of relation to punishment on the Law because there is intrinsecall worth in the Law Prior to the Act of the will of Law-givers for which it meriteth to be inacted and therefore because it is authorizable as good and just the King puteth on it this stamp of a Politique Law God formeth Being and morall Aptitude to the end in all Laws to wit the safetie of the people and the Kings will is neither the measure nor the cause of the goodnesse of things 2. If the King be he who maketh the Law good and just because he is more such himself then as the Law cannot crook and erre nor sin neither can the King sin nor break a Law This is blasphemy Every man is a lyer a Law which deserveth the name of a Law cannot lie 3. His ground is That there is such majesty in Kings that their will must be done either in us or on us A great untruth Achabs will must neither be done of Elias for he commandeth things unjust nor yet on Elias for Elias fled and lawfully we may slie Tyrants and so Achabs will in killing Elias was not done on him Assert 2. Nor can it be made good that the King only hath power of making Lawes because his power were then absolute to inflict penalties on Subjects without any consent of theirs and that were a dominion of Masters who command what they please and under what paine they please And the people consenting to be ruled by such a man they tacitely consent to penaltie of laws because naturall reason saith An ill-doer should be punished Florianus in l. inde Vasquez l. 2. c. 55. n. 3. Therefore they must have some power in making these lawes 2. Jer. 26. It is cleare The Princes judge with the people A nomothetick power differeth gradually only from a judiciall power both being collarerall meanes to the end of Government the peoples safetie But Parliaments judge ergo they have a nomothetick power with the King 3. The Parliament giveth all supremacie to the King ergo to prevent Tyrannie it must keep a coordinate power with the King in the highest acts 4. If the Kingly line be interrupted if the King be a Childe or a Captive they make Lawes who make Kings Ergo this nomothetick power recurreth into the States as to the first subject Obj. The King is the fountaine of the law and Subjects cannot make Lawes to themselves more then they can punish themselves He is only the Supreme Answ The People being the fountaine of the King must rather be the fountaine of Lawes 2. It is false that no man maketh lawes to himselfe Those who teach others teach themselves also 1 Tim. 2. 12. 1 Cor. 14. 34. though Teaching be an act of authoritie But they agree to the penaltie of the Law secondarily only and so doth the King who as a father doth not will evill of punishment to his children but by a consequent will 3. The King is the only Supreme in the power ministeriall of executing lawes but this is a derived power so as no one man is above him but in the fountaine-power of Royaltie the States are above him 5. The Civil law is cleare that the laws of the Emperor have force 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 â—i 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 ejus n. 55. Paris de puteo in 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 idem 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 conveniencie 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
King not the people and the sense is The Kingdome is really some time in such a case that the Soveraigne must exercise an Arbitrary Power and not stand upon private mens interests or transgressing of Lawes made for the private good of individualls but for the preservation of it selfe and the publicke may break through all Lawes This he may in the case when suddaine forraine invasion threatneth ruine inevitably to King and Kingdome a Physitian may rather cut a Gangreened member then suffer the whole body to perish The Dictator in case of extreame dangers as Livie and Dion Halicarnass shew us had power according to his owne Arbitrament had a soveraigne Commission in peace and war of life death persons c. not co-ordinate not subordinate to any Ans It is not an Arbitrary power but naturally tyed and fettered to this same supreame Law Salus populi the safety of the people that a King breake through not the Law but the letter of the Law for the safety of the people as the Chyrurgion not by any prerogative that he hath above the Art of Chyrurgery but by necessity cutteth off a Gangreened member thus it s not Arbitrary to the King to save his people from ruine but by the strong and imperious Law of the peoples safety he doth it for if he did it not he were a murtherer of his people 2. He is to stand upon transgression of Lawes according to their genuine sense of the peoples safety for good Lawes are not contrary one to another though when he breaketh through the letter to the Law yet he breaketh not the Law for if twenty thousand Rebells invade Scotland he is to command all to rise though the formality of a Parliament cannot be had to indict the war as our Law provideth but the King doth not command all to rise and defend themselves by a Prerogative Royall proper to him as King and incommunicable to any but to himselfe 1. There is no such dinne and noise to be made for a King and his incommunicable Prerogative for though the King were not at all yea though he command the contrary as he did when he came against Scotland with an English Army the law of Nature teacheth all to rise without the King 2. That the King command this as King it is not a particular positive Law but he doth it as a man and a member of the Kingdom The law of Nature which knoweth no dreame of such a Prerogative forceth him to it as every member is by Natures indictment to care for the whole 3. It is poore hungry skill in this New Statist for so he nameth all Scotland to say that any Lawes are made for private interests and the good of some individuals Lawes are not Lawes if they be not made for the safetie of the people 4. It is false that the King in a publike danger is to care for himselfe as a man with the ruine and losse of any Yea in a publike calamitie a good King as David is to desire he may die that the Publique may bee saved 2 Samuel 24. 17. Exâ—dus 32. 32. It is commended of all that the Emperour Otho yea and Richard the 2. of England as M. Speed saith Hist of England p. 757. resigned their Kingdomes to eschew the effâ—sion of blood The Prelate adviseth the King to passe over all lawes of Nature and slay thousands of innocents and destroy Church and State of three Kingdomes for a straw and supposed Prerogative Royall Now certainly Prerogative and Absolutenes to doe good and ill must be inferior to a Law the end whereof is the safetie of the People For David willeth the pestilence may take him away and so his Prerogative that the People may be saved 2 Sam. 24. 17. for Prerogative is cumulative to doe good not privative to doe ill and so is but a meane to defend both the Law and the People 2. Prerogative is either a power to doe good or ill or both If the first be said it must be limited by the End and Law for which it is ordained A meane is no farther a meane but in so far as it conduceth to the end the safetie of all If the second be admitted It is Licence and Tyrannie not power from God If the third be said both reasons plead against this that Prerogative should be the Kings end in the present warres 3. Prerogative being a power given by the mediation of the people yea suppose which is false that it were given immediately of God yet it not a thing for which the King should raise war against his Subjects for God will aske no more of the King then he giveth to him The Lord reapeth not where he soweth not If the Militia and other things be ordered hitherto for the holding off Irish and Spanishe invasion by Sea and so for the good of the Land seeing the King in his own person cannot make use of the Militia he is to rejoyce that his Subjects are defended The King cannot answer to God for the justice of warre on his part It is not a case of conscience that the King should shed blood for to wit because the under-Officers are such men and not others of his choosing seeing the Kingdome is defended sufficiently except where Cavaliers destroy it And to me this is an unanswerable argument that the Cavaliers destroy not the Kingdomes for this Prerogative Royall as the principall ground but for a deeper designe even for that which was working by Prelates and Malignants before the late troubles in both Kingdomes 4. The King is to intend the safetie of his People and the safety of the King as a Governour but not as this King and this man Charles that is a selfe end a King David is not to looke to that for when the people was seeking his life and crown he saith Ps 3. 8. Thy blessing upon thy People He may care for and intend that the King and Government be safe for if the Kingdome be destroyed there cannot be a new Kingdome and Church on earth againe to serve God in that generation Psal 89. 47. but they may easily have a new King againe and so the safetie of the one cannot in reason be intended as a collaterall end with the safetie of the other for there is no imaginable comparison betwixt one man with all his accidents of Prerogative and Absolutenesse and three Nationall Churches and Kingdomes Better the King weep for a Childish triâ—le of a Prerogative than Poperie be erected and three Kingdomes be destroyed by Cavaliers for their own ends 5. The Dictators power is 1. a fact and proveth not a point of Conscience 2. His power was in an exigence of extreme danger of the Commonwealth The P. Prelate pleadeth for a constant absolutenesse above Lawes to the King at all times and that jure Divino 3. The Dictator was the Peoples creature ergo the Creator the People had that soveraigntie over him 4. The
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 Governonr 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 superintendent power in the Communitie Some Sectaries follow them and warrant any individuall person to make away a King in case of defects and the worke is to be rewarded as when one killeth a ravenous Wolfe Some will have it in a collective body but how not met together by warrant or writ of Soveraigne Authoritie but when fancie of reforming Church and State calleth them Some will have the power in the Nobles and Peeres some in the three Estates assembled by the Kings Writ some in the inferior Iudges I know not where this power to curbe Soveraigntie is but in Almighty God Ans 1. Iesuites and Puritans differ infinitely true Jesuites deny the Pope to be Antichrist hold all Arminian doctrine Christs locall descension to hell all which the Prelate did preach We deny all this 2. We hope also the Lord shall destroy the Jesuites Babel the â—uburbs whereof and more are the Popish Prelates in Scotland and England 3. The Jesuites for ought he knoweth place all superintendent power in the Communitie The Prelate knoweth not all his brethren the Iesuites wayes but it is ignorance not want of good will For Bellarmine Beucanus Suarez Gregor de Valentia and others his deare fellowes say That all superintendent power of policy in ordine ad spiritualia is in the man whose foot Maxwell would kisse for a Cardinals Haâ— 4. If these be all the differences it is not much the Community is the remote and last subject the representative body the nearest subject the Nobles a partiall subject the Iudges as Iudges sent by the King are so in the game that when an Arbitrary Prince at his pleasure setteth them up and at command that they judge for men and not for the Lord and accordingly obey they are by this power to be punished and others put in their place 5. A true cause of convening Parliaments the prelate maketh a Fancie at this time it is as if the theeves and robbers should say a Iustice Court were a fancie but if the Prelate might compeare before the Parliament of Scotland to which he is an out-law like his father 2 Thess 2. 4. such a fancie I conceive should hang him and that deservedly P. Prelate The subject of this superintending power must be secured from errour in judgement and practise and the community and States then should be infallible Ans The consequence is nought no more then the King the absolute independent is infallible 2. It is sure the people are in lesse hazard of Tyranny and selfe destruction then the King is to subvert Lawes and make himselfe absolute and for that cause there must be a superintendent power above the King and God Almighty also must be above all P. Prelate The Parliament may erre then God hath left the state remedilesse except the King remedy it Ans There 's no consequence here except the King be impeccable 2. Posteriour Parliaments may correct the former 3. A State is not remedilesse because Gods remedies in sinfull mens hands may miscarry But the question is now whether God hath given power to one man to destroy men subvert Lawes and Religion without any power above him to coerce restraine or punish P. Prelate If when the Parliament erreth the remedy is left to the Wisedome of God why not when the King erreth Ans Neither is Antecedent true nor the consequence valid for the sounder part may resist and it is
with the wine of the Cup of Babells fornications are so madde and the ten Emperours are so madde who wasted their faithfullest subjects P. Prelate If there be such a power in the Peeres resumable in the exigent of necessity as the last necessary remedy for safety of Church and State God and nature not being deficient in things necessary it must be proved out of the Scripture and not taken on trust for Affirmanti incumbit probatio Ans Mr. Bishop what better is your Affirmanti incumbit c then mine for you are the affirmer I can prove a power in the King limited onely to feed governe and save the people and you affirme that God hath given to the King not only a power officiall and Royall to save but also to destroy and cut off so as no man may say Why doest thou this Shall we take this upon the word of an excommunicated Prelate Profer tabulas Iohn P. P. I beleeve you not Royall power is Deut. 17. 18. Rom. 3. 14. I am sure there is there a power given to the King to doe good and that from God Let John P. P. prove a power to doe ill given of God to the King 2. We shall quickly prove that the States may represse this power and punish the Tyrant not the King when he shall prove that a Tyrannous power is an Ordinance of God and so may not be resisted For the law of Nature teacheth If I give my sword to my fellow to defend me from the murtherer if he shall fall to and murther me with my own sword I may if I have strength take my sword from him Prelate It is infidelitie to thinke that God cannot helpe us and impatience that we will not wait on God When a King oppresseth us it is against Gods wisdome that he hath not provided another meane for our safetie than intrusion on Gods right 2. It is against Gods power 3. his Holinesse 4. Christian Religion that we necessitate God to so weake a meane to make use of sinne and we cast the aspersion of Treason on Religion and deterre Kings to professe Reformed Catholike Religion 5. We are not to justle God out of his right Ans I see nothing but what D. Ferne Grotius Barclay Blackwood have said before with some colour of proving the consequence The P. Prelate giveth us other mens arguments but without bones All were good if the States coercing and curbing a power which God never gave to the King were a sinne and an act of impatience and unbelief And if it were proper to God only by his immediate hand to coerce Tyrannie 2. He calleth it not Protestant Religion either here or elsewhere but cautelously giveth a name that will agree to the Roman Catholique Religion For the Dominicans Franciscans and the Parisian Doctors and Schoolemen following Occham Gerson Almain and other Papists call themselves Reformed Catholiques 2. He layeth this for a ground in 3 or 4 pages where these same Arguments are againe and againe repeated in terminis as his second Reason p. 149. was handled ad nauseam p. 148. his 3. Reason is repeated in his 6. Reason p. 151. He layeth I say down this ground which is the begged Conclusion and maketh the Conclusion the Assumption in 8 raw and often repeated Arguments to wit That the Parliaments coercing and restraining of Arbitrarie power is rebellion and resisting the Ordinance of God But he dare not looke the place Rom. 13. on the face other Royalists have done it with bad successe This I desire to be weighed â—â—d I retort the Prelates argument But it is indeed the triviall Argument of all Royalists especially of Barclay obvious in his 3. Booke If Arbitrarie and Tyrannicall power above any Law that the lawfull Magistrate commandeth under the paine of death Thou shalt not murther one man Thou shalt not take away the vineyard of one Naboth violently be lawfull and warrantable by Gods word then an Arbitrarie power above all Divine lawes is given to the keeping of the Civill Magistrate And it is no lesse lawfull Arbitrarie or rather Tyrannicall power for David to kill all his Subjects and to plunder all Jerusalem as I beleeve Prelates and Malignants and Papists would serve the three Kingdomes if the King should command them then to kill one Vriah or for Achab to spoile one Naboth The essence of sinne must agree alike to all though the degrees varie Of Gods remedie against Arbitrary power hereafter in the Question of Resistance but the confused ingine of the Prelate bringeth it in here where there is no place for it His 7. Argument is Before God would authorize Rebellion and give a bad president thereof for ever he would rather worke extraordinary and wonderfull miracles and therefore would not authorize the people to deliver themselves from under Pharaoh but made Mosesâ— Prince to bring them out of Egypt with a stretched-out arme nor did the Lord deliver his people by the wisdome oâ— Moses or strength of the people or any act that way of theirs but by his own immediate hand and power Ans I reduce the Prelates confused words to a few for I speake not of his Popish tearme of Saint Steven and others the like because all that he hath said in a book of 149 pages might have been said in three sheets of paper But I pray you what is this Argument to the Question in hand which is Whether the King be so above all Lawes as People and Peeres in the case of Arbitrarie power may resume their power and punish a Tyrant The P. Prelate draweth in the Question of Resistance by the haire Israels not rising in armes against K. Pharaoh proveth nothing against the power of a Free Kingdome against a Tyrant 1. Moses who wrought miracles destructive to Pharaoh might pray a vengeance against Pharaoh God having revealed to Moses that Pharaoh was a Reprobate But may Ministers and Nobles pray so against King Charles God forbid 2. Pharaoh had not his Crown from Israel 3. Pharaoh had not sworne to defend Israel nor became he their King upon condition he should maintaine and professe the Religion of the God of Israel Therefore Israel could not as free Estates challenge him in their supreme Court of Parliament of breach of oath and upon no termes could they un-un-king Pharaoh He held not his Crown of them 4. Pharaoh was never circumcised nor within the Covenant of the God of Isrdel in profession 5. Israel had their lands by the meere gift of the King I hope the King of Britaine standeth to Scotland and England in a fourefold contrary relation All Divines know that Pharaoh his Princes and the Egyptians were his Peeres and People â—nd that Israel were not his native Subjects but a number of strangers who by the lawes of the King and Princes by the meanes of Joseph had gotten the land of Goshen for their dwelling and libertie to serve the God of Abraham to whom they prayed in their
for their own just defence against the Kings bloody Emissaries be lawfull ARnisaeus perverteth the question he saith The question is Whether or no the Subjects may according to their power judge the King and dethrone him that is Whether or no is it lawfull for the Subjects in any case to take arms against their lawfull Prince if he degenerate and shall wickedly use his lawfull power The state of the question is much perverted for these be different questions Whether the Kingdom may dethrone a wicked and Tyrannous Prince And whether may the Kingdom take up arms against the man who is the King in their own innocent defence For the former is an Act offensive and of punishing the latter is an Act of Defence 2. The present question is not of Subjects onely but of the Estates and Parliamentary Lords of a Kingdom I utterly deny these as they are Iudges to be subjects to the King for the question is Whether is the King or the representative Kingdom greatest and which of them be subject one to another I affirm Amongst Iudges as Iudges not one is the Commander or Superiour and the other the commanded or subject Indeed one higher Iudge may correct and punish a Iudge not as a Iudge but as an erring man 3. The question is not so much concerning the authoritative Act of War as concerning the power of naturall Defence upon supposition That the King be not now turned an habituall Tyrant but that upon some acts of mis-information he come in arms against his Subjects 2. Arnisaeus maketh two sort of Kings Some Kings integrae Majestatis of intire power and Soveraignty some Kings by pactions or voluntary agreement between King and people But I judge this a vain distinction For the limited Prince so he be limited to a power onely of doing just and right by this is not a Prince integrae Majestatis of entire Royall Majestie whereby he may do both good and also play the Tyrant but a power to do ill being no wayes essentiall yea repugnant to the absolute Majestie of the King of Kings cannot be an essentiall part of the Majestie of a lawfull King and therefore the Prince limited by voluntary and positive paction onely to rule according to law and equity is the good lawfull and entire Prince if he have not power to do every thing just and good in that regard onely he is not an intire and compleat Prince So the man will have it lawfull to resist the limited Prince not the absolute Prince by the contrary it is more lawfull to me to resist the absolute Prince then the limited in as much as we may with safer consciences resist the Tyrant and the Lyon then the just Prince and the Lamb. Nor can I assent to Cunnerus de officio princip Christia c. 5. 17. Who holdeth that these voluntary pactions betwixt King and people in which the power of the Prince is diminished cannot stand because their power is given to them by Gods Word which cannot be taken from them by any voluntary paction lawfully and from the same ground Winzetus in velit contr Buchan p. 32. will have it unlawfull to resist Kings because God hath made them unresistable I answer If God by a divine institution make Kings absolute and above all Laws which is a blasphemous supposition the holy Lord can give to no man a power to sin for God hath not himself any such power then the Covenant betwixt the King and people cannot lawfully remove and take away what God by institution has given but because God Deut. 17. hath limited the first lawfull King the mould of all the rest the people ought also to limit him by a voluntary Covenant and because the 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.
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 office 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 authoririe 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 conscience 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 just 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 destroy 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 soriptures 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 then 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 ill doers 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 an habituall Tyrant and conduce an hundred thousand Turkes to destroy his subjects upon meere desire of revenge they are not to resist but to be subject and suffer for conscience I am sure Grotius saith If a King sell his subjects he loseth all title to the Crowne and so may be resisted and Winzetus saith A Tyrant may be resisted and Barclay It is lawfull for the people in case of Tyranny to defend themselves Adversus immanem saevetiam against extreame cruelty and I desire the Prelate to answer how people are subject in suffering such cruelty of the higher power because he is Gods ordinance and a power from God except he say as he selleth his people and barbarously destroyeth by Cut-throat Irishes his whole subjects refusing to worship Idolls he is a man and a sinfull man eatenus and an inferiour power inspired by wicked counsell not a King eatenus not a higher power and that in resisting him thus the subjects resist not the ordinance of God Also suppone King David defend his Kingdome and people against Iesse his naturall father who we suppose cometh in against his sonne and Prince King David with a huge army of the Philistimes to destroy him and his Kingdome if he shall kill his owne native father in that warr at some Edge-hill how shall he preserve at Ierusalem that honour love that he oweth to his father by vertue of the fifth Commandement Honour thy father and thy mother c. Let them answer this except King David consider Iesse in one relation in abstracto as his father whom he is to obey and as he is a wicked man and a perfidious subject in another relation and except King David say he is to subject himselfe to his father as a father according to the fifth Commandement and that in the act of his fathers violent invasion he is not to subject himselfe to him as he is a violent invader and as a man Let the Royalist see how he can answer the Argument and how Levie is not to know his father and mother as they are sinfull men Deut. 33. 9. and yet to know and honour them as Parents and how an Israelite is not to pitty the wife that lyeth in his bosome when she inticeth him to goe a whooring after strange Gods but is to kill her Deut. 13. 6 7 8. and yet the husband is to love the wife as Christ loved his Church Eph. 5. 25. If the husband take away his wives life in some mountaine in the holy Land as Gods Law commandeth let the Royalists answer us where is then the meritall love he owes to her and that respect due to her as she is a wife and a helper But let not the Royalist infer that I am from these examples pleading for the killing of Kings for lawfull resistance is one thing and killing of Kings is another the one defensive and lawfull the other offensive and unlawfull so long as he remaineth a King and the Lords Anoynted But if he be a murtherer of his father who doth counsell his father to come to a place of danger where he may be killed and
put us to flee even all Protestants and their seed and the weak and sick whom we are obliged to defend as our selves both by the Law of nature and grace I read that seven wicked nations and idolatrous were cast out of their land to give place to the Church of God to dwell there but shew me a warrant in natures Law and in Gods word that three Kingdomes of Protestantâ— their seed aged sick sucking children should flee out of England Scotland Ireland and leave Religion and the Land to a King and to Papists Prelates and bloody Irish and Atheists and therefore to a Church and community having Gods right and mans law to the land violent re-offending is their second mean next to supplications and declarations c. and flight is not required of them as of a private man Yea flight is not necessarily required of a private man but where it is a possible mean of self-preservation violent and unjust invasion of a private man which is unavoidable may be obviated with violent re-offending Now the unjust invasion made on Scotland in 1640. for refusing the Service-book or rather the idolatry of the Masse therein intended was unavoidable it was unpossible for the Protestants their old and sick their women and sucking children to flee over sea or to have shipping betwixt the Kings bringing an army on them at Duns-law and the Prelates charging of the Ministers to receive the masse-book Althusius saith well Pol. c. 38. n. 78. Though private men may flee but the estates if they flee they do not their duty to commit a country religion and all to a Lion Let not any oâ—ject we may not devise a way to fulfill the prophecy Psal 2. 8 9. Isa 49. 1. it is true if the way be our own sinfull way nor let any object a Colony went to New-England and fled the persecution Answer True but if fleeing be the onely mean after supplication there was no more reason that one Colony should go to New-England then it is necessary by a divine law obligatory that the wholâ— Protestants in the three kingdomes according to Royalists Doctrine are to leave their native country religion to one man to popish Idolators Atheists willing to worship idols with them and whethere then shall the Gospel be which we are obliged to defend with our lives 2. There is Tutela vitae proxima remota A meer and immediat defence of our life and a remote or mediat defence when there is no actuall invasion made by a man seeking our life we are not to use violent re-offending David might have killed Saul whâ—n he was sleeping and when he cut off the lap of his garment but it was unlawfull for him to kill the Lords Anointed because he is the Lords Annoited as it is unlawfull to kill a man because he is the Image of God Gen. 96. except in case of necessity The magistrate in case of necessity may kill the malefector thought his malefices do not put him in that case that he hath not now the image of God now prudency and light of grace determineth When we are to use violent re-offending for self-preservation it is not left to our pleasure In a remote posture of self-defence we are not to â—se violet re-offending David having Saul in his hand was in a remote posture of defence the unjust invasion then was not actuall not inavoidable not a necessary mean in human prudence for self-preservation for King Saul was then in a habituall not in an actuall pursuit of the whole Princes Elders and judges of Israel or of a whole community and Church Saul did but seek the life of one man David and that not for religion or a nationall pretended offence and therefore he could not in conscience put hands on the Lords anoynted but if Saul had actually invaded David for his life David might in that case make use of Goliahs sword for he took not that weapon with him as a Cypher to boast Saul it is no lesse unlawfull to threatten a King then to put hands on him and rather kill or be killed by Sauls emissaries Because then he should have been in an immediate and nearest posture of actuall self-defence Now the case is farre otherwayes between the King and the two Parliaments of England and Scotland for the King is not 1. Sleeping in his emissaries for he hath armies in two kingdomes and now in three kingdomes by sea and land night and day in actuall pursuit not of one David but of the estates and a Christian community in England and Scotland and that for Religious Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrary or Tyranicall government and law-government and Therefore by both the Lawes of the politique societies of both Kingdomes and by the Law of God and nature we are to use violent re-offending for self-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the three Kingdoms to actuall killing rather then we be killed and suffer Lawes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoynted my Master the King concludeth universally that the King in his most Tyrannous acts still remaining the Lords Anoynted cannot be resisted Ans 1. David speaketh of stretching out his hand against the person of King Saul no man in the three Kingdomes did so much as attempt to do violence to the Kings person But this argument 2. is inconsequent for a King invading in his own Royall person the innocent subject 1. Suddainly 2. Without colour of Law and reason 3. Unavoidably may be personally resisted and that with opposing a violence bodily yet in that invasion he remaineth the Lords Annoynted 2. By this argument the life of a murtherer cannot be taken away by a Judge for he remaineth one endued with Gods image and keepeth stil the nature of a man under all the murthers that he doth but it followeth no wayes that because God hath indowed his person with a sort of Royalty of a Divine image that his life cannot be taken and certainly if to be a man endued with Gods image Gen. 6. 9 10. and to bee an ill doer worthy of evill punishment are different to be a King and an ill doer may be distinguished The grounds of self-defence are these A woman or a young man may violently oppose a King if he force the one to adultery and incest and the other to Sodomy Though Court-flatterers should say the King in regard of his absolutenesse is Lord of life and death yet no man ever said that the King is Lord of chastity faith and oath that the wife hath made to her husband 2. Particular nature yeelds to the good of universall nature for which cause heavie bodies ascend aerie and light bodies descend If then a wilde Bull or a goaring Oxe
in that exigence is not onely not obliged to lift him up but he and the rest flying though they trample on him and kill him they are not guilty of murther seeing they hated him not before Deut. 19. 4. 6. so Chemnit loc com de vindic q. 3. alloweth private defence 1. When the violence is suddaine And the 2. Violence manifestly inevitable 3. When the Magistrate is absent and cannot help 4. When moderation is kept as Lawyers require 1. That it be done incontinent if it be done after the injury it is revenge not defence 2. Not of Desire of revenge 3. With proportion of armor If the violent invader invade not with deadly weapons you must not invade him with deadly weapons and certainly the law Exod. 22. of a mans defending his house is clear 1. If he come in the night it is presumed he is a robber 2. If he be taken with a weapon breaking the house he cometh to kill a man may defend himself wife and children but he is 3. but to wound him and if he die of the wound the defender is free so the defender is not to intend his death but to save himself 5. It were a mighty defect in providence to man if dogs by nature may defend themselves against Wolves Bulls against Lyons Doves against Haukes if man in the absence of the lawfull Magistrate should not defend himself against unjust violence but one man might raise armies of Papists sick for blood to destroy innocent men They object When the King is present in his person and his invaders he is not absent and so though you may rather kill a private man then suffer your self to be killed yet because prudence determineth the means of self-defence you are to expose your life to hazard for justice of your King and therefore not to do violence to the life of your King nor can the body in any self-defence fight against the head that must be the destruction of the whole Ans Though the King be present as an unjust invader in Warres against his innocent subjects he is absent as a King and a father and defender and present as an unjust grassator and therefore the innocent may defend themselves when the King neither can nor will defend him Nature maketh a man saith the law l. Gener. c. de decur l. 10. l. sialius § Bellissimè ubique Gloss in vers ex magn not per. illum text ff quod vi aut clam l. ait praetor § si debitorem meum ff de hisque in fraud credito even a privat man his own judge magistrate and defender quando copiam judicis qui sibijus reddat non habet When he hath no judge to give him justice and law 2. The subjects are to give their lives for the King ad the King because the safety of the King as King is the safety of the common-wealth But the King as offering unjust violence to his innocent subjects is not King Zoannet part 3. defens n. 44. transgrediens notoriè officium suum judex agit velut privatus aliquis non ut magistratus ff de injur est bonus in simili in l. qui fundum § si tutor ff pro emptore 3. If the politick body fight against this head in particular not as head but as an oppressor of the people There is no fear of dissolution if the body rise against all magistracy as magistracy and lawes dissolution of all must follow Parliaments and inferiour jadges are heads Num. 1. 16. Num. 10. 4. Deut. 1. 15. Iosh 22. 21. Mic. 3. 1. ver 9. 11. 1 King 8. 1. 1 Chron. 5. 25. 2 Chro. 5. 2. No lesle then the King and it is unlawfull to offer violence to them though I shall rather thinke a private man is to suffer the King to kill him rather then he kill the King because he is to preferre the life of a private man to the life of a publique man 6. By the law of nature a ruler is appointed to defend the innocent Now by nature an infant in the wombe dâ—fendeth it self first before the parents can defend it then when parents and magistrates are not and violent invading magistrates are not in that magistrates nature hath commended every man to self-defence 7. The Law of nature excepteth no violence whether inflicted by a magistrate or any other unjust violence from a ruler is twice injustice 1. He doth unjustly as a man 2. As a member of the common-wealth 3. He committeth a speciall kind of sin of injustice against his office but it is absurd to say we may lawfully dâ—fend our selves from smaller injuries by the law of nature and not from the greater If the Pope saith Fer. Vasquez illust quest l. 1. c. 24. n. 24 25. command to take away benefices from the just owner these who are to execute his commandement are not to obey but to write back that that mandat came not from his holinesse but from the avarice of his Officers but if the Pope still continue and presse the same unjust Mandat the same should be written againe to him and though there be none above the Pope yet there is naturall self-defence patent for all Defensio vitae neceâ—aria est à jure naturali profluit L. ut vim ff de just jure 16. Nam quod quisque ob tutelam corporis sui fecerit jure fecisse videatur Câ—jus naturale 1. distinc l. 1. ff de vi vi armata l. injuriarum ff de injuria C. significasti 2. de hom l. scientiam sect qui non aliter ff ad leg Aquil. C. si vero 1. de sent excom l. sed etsi ff ad leg Aquil. etiamsi sequatur homicidium Vasquez l. 1. c. 17. n. 5. etiam occidere licet ob defensionem rerum Vim vi repellere omnia jura permittunt in C. significasti Garcias Fortunius Comment in l. ut vim ff de instit jur n. 3. defendere se est juris naturae gentium A jure civili fuit additum moderamen inculpatae tutelae lac Novel defens n. 101. Occidens Principem vel alium Tyrannidem exercentem à paena homicidii excusatur Grotius de jure belli pacis l. 2. c. 1. n. 3. Si corpus impetatur vi presente cum periculo vitae non aliter vitabili tune bellum est licitum etiam cum intersectione periculum infâ—rentis ratio natura quemque sibicommendat Barcl advers Monar l. 3. c. 8 est jus cuilibet se tenendi adversus immanem sevitiam But what ground saith the Royalist is there to take Arms against a King Ielousies and suspitions are not enough Ans The King sent first an Armie to Scotland and blocked us up by sea before we took Armes 2. Papists were armed in England they have professed themselves in their Religion of Trent to be so much the holyer that they root out Prottstants 3. The King declared we had broken loyalty to him since the last
holy things from him especially since by the law the leper was to be put out of the congregation Ans 1. He contradicteth the text it was not a resistance by words for the text saith they withstood him and they thrust him out violently 2. He yeeldeth the cause for to withdraw the holy things of God by corporall violence and violently to pull the censer out of his hand that he should not provoke Gods wrath by offering incense to the Lord is resistance and the like violence may by this example be used when the King useth the sword and the Militia to bring in an enemy to destroy the kingdom it is no lesse injustice against the second table that the King useth the sword to destroy the innocent then to usurpe the câ—nsor against the first table But Doctor Ferne yeeldeth that the censor may be pulled out of his hand lest he provoke God to wrath Ergo by the same very reason a fortiore the Sword the Castles the Sea-ports the Militia may be violently pulled out of his hand for if there was an expresse Law that the leper should be put out of the congregation and therefore the King also should be subject to his Church-censor then he subjecteth the King to a punishment to be inflicted by the subjects upon the King Ergo the King is obnoxious to the coactive power of the law 2. Ergo subjects may judge him and punish him 3. Ergo he is to be subject to all Church-censors no lesse then the people 4. There is an expresse law that the leper should be put out of the congregation What then flattering court Divines say the King is above all these lawes for there is an expresse law of God as expresse as that ceremoniall on touching lepers and a more binding law that the murtherer should die the death Will Royalists put no exception upon a ceremoniall law of expelling the leper and yet put an exception upon a Divine morall law concerning the punishing of murtherers given before the law on Mount Sinai Gen. 6. 9. They so declare that they accept the persons of men 5. If a leper King could not actually sit upon the throne but must be cut off from the house of the Lord because of an expresse law of God these being inconsistent that a King remaining amongst Gods people ruling and raigning should keep company with the Church of God and yet be a leper who was to be cut off by a Divine law from the Church now I perswade my self that far lesse can he actually raigne in the full use of the power of the sword if he use the sword to cut off thousands of innocent people because murthering the innocent and fatherles and Royall governing in Righteousnesse and Godlinesse are more inconsistent by Gods law being morally opposite then remaining a governour of the people and the disease of leprosie are incompatible 6. I think not much that Barcley saith cont Monar l 5. c. 11. Vzziah remained King after he was removed from the congregation for leprosie 1. Because that toucheth the question of dethroning Kings this is an argument brought for violent resisting of Kings and that the people did resume all power from Vzziah and put it in the hand of Iotham his son who was over the Kings house judging the people of the land ver 21. And by this same reason the Parliaments of both Kingdomes may resume the power once given to the King when he hath proved more unfit to governe morally then Vzziah was ceremonially that he ought not to judge the people of the land in this case 2. If the priests did execute a ceremoniall law upon King Vzziah Far more may the three estates of Scotland and the two houses of Parliament of England execute the morall law of God on their King If the people may covenant by oath to rescue the innocent and unjustly condemned from the sentence of death notoriously known be to tyranous and cruel then may the people resist the King in his unlawfull practises But this the people did in the matter of Ionathan M. Symmons saith pag. 32. and Doctor Ferne § 9. 49. That with no violence but by prayers and teares the people saved Jonathan as Peter was rescued out of prison by the prayers of the Church King Saul might easily be intreated to break a rash vow to save the life of his eldest son Ans 1. I say not the common people did it but the people including proceres regni the Princes of the land and captaines of thousands 2. The text hath not one word or syllable of either prayers supplications or teares but by the contrary They bound themselves by an oath contrary to the oath of Saul 1 Sam. 14. 44. and swear ver 45. God forbid as the Lord liveth there shal not one hair of his head fall to the ground so the people rescued Ionathan The Church prayed not to God for Peters deliverance with an oath that they must have Peter saved whether God will or no. 2. Though we read of no violence used by the people yet an oath upon so reasonable a ground 1. without the Kings consent 2. contrary to a standing law that they had agreed unto ver 24. 3. contradictory to the Kings sentence and unjust oath 4. spoken to the King in his face all these prove that the people meaned and that the oath ex conditione operis tended to a violent resisting of the King in a manifestly unjust sentence Chrysostom hom 14. ad Pop. Antioch accuseth Saul as a murtherer in this sentence and praiseth the people So Iunius Peter Martyr whom Royalists impudently cite so Cor. à lap Zanch. Lyra and Hug. Cardinalis say it was Tyranny in Saul and laudable that the people resisted Saul and the same is asserted by Iosephus l. 6. antiquit c. 7. so Althus Polyt c. 38. n. 109. We see also 2 Chron. 21. 10. That Libnah revolted from under Iehoram because he had forsaken the Lord God of his fathers It hath no ground in the text that Royalists say that the defection of Lybnah is not justified in the text but the cause is from the demerit of wicked Iehoram because he made defection from God Libnah made defection from him as the ten tribes revolted from Rehoboam for Solomons idolatry which before the Lord procured this defection yet the ten tribes make defection for oppression I answer where the literall meaning is simple and obvious we are not to go from it The text sheweth what cause moved Libnah to revolt it was a town of the Levites and we know they were longer sound in the truth then the ten tribes 2. Chron. 13. 8 9 10. Hos 11. 12. Lavater saith Iehoram hath pressed them to idolatry and therefore they revolted Zanch. Cor. à Lap. saith this was the cause that moved them to revolt and it is cleare ver 13. he caused Judah and the inhabitants of Jerusalem to go a whoring from God and no doubt tempted
whole Land cannot formally be accused for non-resistance when the whole Land are oppressors for then they should be accused for not resisting themselves 14. The King ought to resist the inferiour judges in their oppression of the people by the confession of Royalists then this argument cometh with the like force of strength on themselves let them shew us practice precept or promise in the Word where the King raised an Armie for defence of Religion against Princes and people who were subverting Religion and we shall make use of that same place of Scripture to prove that the Estates and people who are above the King as I have proved and made the King may and ought to resist the King with the like force of Scripturall truth in the like case 16. Royalists desire the like president of practice and precept for defensive warres but I answer let them shew us a practice where any King of Israel or Judah raised an Armie of Malignants of Phylistims Sydonians Ammonites against the Princes of Israel and Judah conveened in an Assemblie to take course for bringing home the captived Arke of God and vindicating the Lawes of the Land and raised an Armie contrary to the knowledge of the Elders Princes and Judges to set up Dagon or tollerate the worship of the Sydonian gods and yet Princes Elders Judges and the whole people were obliged all to flee out of Gods land or then onely to weep and request that the King would not destroy souls and bodies of them and their innocent posterities because they could not in conscience imbrace the worship of Dagon and the Sydonian gods when the Royalist can parallel this with a precedent we can answer there was as smal apparency of precedency in Scripture except you flee to the law of nature that 80 Priests the Subjects of King Vzziah should put in execution a penall Law against the Lords Annoynted and that the inferiours and subjects should resist the Superiour and that these Priests with the Princes of the land should remove the King from actuall government all his dayes and crown his son at least make the father their Prince and superiour as Royalists say as good as a Cypher Is not this a punishment inflicted by inferiours upon a superiour according to the way of Royalists Now it is clear a worshipping of bread and the Masse commanded and against law obtruded upon Scotland by influence of the counsell of known Papists is to us and in it self as abominable as the worshiping of Dagon or the Sydonian Gods and when the Kingdom of Scotland did but conveen supplicat and protest against that obtruded Idolatry they were first declared rebels by the King and then an army raised against them by Prelates and Malignants inspired with the spirit of Anti-christ to destroy the whole land if they should not submit soul and conscience to that wicked service QUEST XXXV Whether or no the suffering of the Martyrs in the Primitive Church militate against the lawfulnesse of defensive wars ROyalists think they burden our Cause much with hatred when they bring the Fathers and ancient Martyrs against us So the P. Prelate extracted out of other Authors testimonies for this and from I. Armagh in a Sermon on Rom. 1. 3. pag. 20 21. So the Do. of Aberdeene The Prelat proveth from Clem. Alexand. l. 7. c. 17. That the King is constituted by the Lord. So Ignatius Answ 1. Except he prove from these Fathers that the King is from God onely and immediately he proveth nothing Obj. 2. Iren. l. 5. adv haer c. 20. proveth that God giveth Kingdomes and that the devill lied Luk. 4. and we make the people to make Kings and so to be the children of the Devill Answ If we denyed God to dispose of Kingdomes this man might alledge the Church of God in England and Scotland to be the sons of Satan But Gods Word Deut. 17. 18. and many other places make the people to make Kings and yet not devils But to say that Prelates should crowne Kings and with their foule fingers anoint him and that as the Popes substitutes is to make him that is the sonne of perdition a Donor of Kingdoms also to make a man with his bloodie sword to ascend to a throne is to deny God to be the disposer of Kingdoms and Prelats teach both these Obj. 3. Tertul. Apol. c. 30. Inde est Imperator unde homo antequam imperator inde potestas illi unde spiritus God is no lesse the Creator of Soveraigntie then of the soul of man Answ God onely maketh Kings by his absolute soveraignty as he onely maketh high and low and so onely he maketh Mayors Provosts Bailiffes for there is no power but of him Rom. 13. Ergo Provosts and Bailiffes are not from men The Reader shall not be troubled with the rest of the testimonies of this poore Plagiarie for they prove what never man denyed but Prelats and Royalists to wit that Kings are not from Gods approving and regulating will which they oppose when they say Sole Conquest is a just title to the Crowne But they deserve rather an answer which Grotius Barclay Arnisaeus and Spalato alledge as Obj. 1. Cyprian Epist 1. Non est fas Christianis armis ac vituori se adversus impetum persecutorum Christians cannot by violence defend themselves against persecutors Answ If these words be pressed literally it were not lawfull to defend our selfe against murtherers but Cyprian is expresly condemning in that place the seditious tumults of people against the lawfull Magistrate Obj. 2. The Ancients say he was justly punished who did rend and teare the Edict of Dioclesian and Maximinus Euseb l. 7. Hist Eccles c. 5. Answ To rend an Edict is no act of naturall self-defence but a breach of a positive commandment of the Emperors and could not be lawfully done especially by a private man Object 3. Cyprian Epist 56. Incumbamus gemitibus assiduis deprecationibus crebris haec enim sunt munimenta spiritualia tela divina quae protegunt And Russinus l. 2. c. 6. Ambrosius adversus reginae Iustinae Arianae furorem non se manu defensabat aut telo sed jejuniis continuatisque vigiliis sub altari positus Answ It is true Cyprian reputed prayers his armour but not his onely armour Though Ambrose de facto used no other against Iustina the places say nothing against the lawfulnesse of selfe-defence Ambrose speaketh of that armour and these meanes of defence that are proper to Pastors and these are prayers and teares not the sword because Pastors carry the Arke that is their charge not the sword that is the Magistrates place Object 4. Tertullian Apolog. c. 37. saith expresly that the Christians might for strength and number have defended themselves against their persecutors but thought it unlawfull Quando vel una nox pauculis faculis largitatem ulâ—ionis po et operari si malum malo dispungi penes nos liceret sed absit
Land to defend their aged Parents and young children from these invaders and if 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 Kings power of warres is for the safety of his people if he deny his consent to their raising of Armes till they be destroyed he playeth the Tyrant not the King and the law of Nature will necessitate them either to defend themselves seeing flight 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 floweth 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 is 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 Parliament 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. anjur majest separ c. n. 2. be two equall and coordinate supreme powers then there can be two supreme Gods and multitudo deorum est nullitas deorum many gods infer no gods Ans 1. If we consider the fountaine-power the King is subordinate to the Parliament and not coordinate for the constituent is above that which is constituted If we regard the derived and executive power in Parliamentarie acts they make but a totall and compleat soveraigne power yet so as the soveraigne power of the Parliament being habitually and underived a prime and fountaine power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie acts as is cleare in that the Parliament make Kings 2. Make Lawes raise Armies when either the King is minor captived tyrannous or dead but Royall power Parliamentarie without the Parliament is null because it is essentially but a part of the Parliament and can work nothing separated from the Parliament no more then a hand cut off from the body can write and so here we see two supremes coordinate Amongst infinite things there cannot be two because it involveth a contradiction that an infinite thing can be created for then should it be finite but a royall power is essentially a derived and created power and supreme secundum quid onely in relation to single men but not in relation to the Communitie it is alwayes a creature of the communitie with leave of the Royalist 2. It is false that to an act of Parliamentarie supremacie the consent of the King is required for it is repugnant that there can be any Parliamentarie judiciall act without the Parliament but there may be without the King 3. More false it is that the King hath a negative voice in Parliament then he shall be sole Judge and the Parliament the Kings Creator and Constituent shall be a cypher Obj. 3. Arnesaeus de jur Maj. de potest armorum c. 5. n. 4. The People is mad and furious therefore supreme Majestie cannot be secured and Rebels suppressed and publike Peace kept if the power of Armour be not in the Kings hand only Answ To denude the people of Armour because they may abuse the Prince is to expose them to violence and oppression unjustly for one King may easilier abuse armour then all the people one man may more easily fail then a Community 2. The safety of the people is far to be preferred before the safety of one man though he were two Emperours one in the East another in the West because the Emperour is ordained of God for the good and safety of the people 1 Tim. 2. 2. 3. There can be no inferiour Judges to bear the sword as God requireth Rom. 13 4. Deut. 1. 15 16. 2 Chron. 19. 6 7. and the King must be sole Judge if he onely have the sword and all armour monopolized to himselfe Obj. 4. The causes of Warre saith M. Simmons sect 4. pag. 9. should not be made knowne to the Subjects who are to look more to the lawfull call to Warre from the Prince then to the cause of the War Answ The Parliament and all the Judges and Nobles are Subjects to Royalists if they should make war and shed blood upon blind obedience to the King not inquiring either in causes of Law or fact they must resigne their consciences to the King 2. The King cannot make unlawfull warre to be lawfull by any authority Royall except he could raze out the sixt Commandement therefore Subjects must look more to the causes of Warre then to the authority of the King and this were a faire way to make Parliaments of both Kingdomes â—et up Popery by the sword and root out the Refâ—rmed Religion upon the Kings Authority as the lawfull call to warre not looking to the causes of warre QUEST XXXVII Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them and killing them and â—ndevouring the establishment of Poperie though the King of Scotland should inhibit them MArianus saith one is obliged to help his brother non vinculâ— essicace not with any efficacious band because in these saith he non est actio aâ—t poena one may not have action of law against his brother who refuseth to help him yet saith he as man he is obliged to man nexu civilis societatis by the bond of humane society Others say one nation may indirectly defend a neighbour nation against a common enemie because it is a self-defence and it is presumed that a forraigne enemie having overcome the neighbour nation shall invade that nation it selfe who denyeth help and succour to the neighbour nation this is a self-opinion and to me it looketh not like the spiritâ—all Law of God 3. Some say it is lawfull but not alwayes expedient in which opinion there is this much truth that if the neighbor nation have an evil cause neque licet neque expedit it is neither lawfull nor expedient But what is lawful in the case of necessity so extreame as is the losse of a brothers life or of a nation must be expedient because necessity of non-sinning maketh any lawfull thing expedient As to help my brother in fire or water requiring my present and speedy help though to the losse of my goods must be as expedient as a negative commandement Thou shalt not murther 4. Others think it lawfull in the case that my brother seek my help only other wayes I have no calling thereunto to which opinion I cannot universally subscribe it is holden both by reason and the soundest divines that to rebuke my brother of sinne is actus misericordiae charitatis an act of mercy and charity to his soul yet I hold I am obliged to rebuke him by Gods law Levit. 19. 17. otherwise I hate him 1 Thes 5. 14. Col. 4. 17. Math. 18. 15. Nor can I think in reason that my duty of love to my brother doth not oblige me but upon dependency on his free consent but as I am to help my neighbours oxe out of a ditch though my neighbour know not and so I have onely his implicit and virtuall consent so is the case here I go not farther in this case of conscience if a neighbour nation be jealous of our help and in an hostile
ship together being in one Iland under one King and now by the mercy of God have sworne one Covenant and so must stand or fall together 7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland An. 1585. at the desire of the Generall Assembly 1583. to joyne forces together at home and enter in League with Protestant Princes and Estates abroad to maintaine the Protestant Religion against the bloody confederacy of Trent and accordingly this League betweene the two Crownes was subscribed at Berwick An. 1586. and the same renewed An. 1587 1588. as also the confession of Faith subscribed when the Spanish Armado was on our coasts 8. The Law of God commanding that we love our neighbour as our selfe and therefore to defend one another against unjust violence l. ut vim ff de just jur obligeth us to the same except we thinke God can be pleased with lippe-love in word onely which the Spirit of God condemneth 1 Ioh. 2. 9 10. cap. 3. 16. and the summe of Law and Prophets is that as we would nor men should refuse to help us when we are unjustly oppressed so neither would we so serve our afflicted brethren l. in facto ff de cond demonstr § Siuxor Iustit de nupt 9. Every man is a keeper of his brothers life there is a voluntary homicide when a man refuseth food or physick necessary for his owne life and refuseth food to his dying brother and men are not borne for themselves And when the King defendeth not subjects against their enemies all fellow-subjects by the law of Nature of Nations the Civill and cannon Law have a naturall priviledge to defend one another and are mutuall Magistrates to one another when there be no other Magistrates If an Army of Turks or Pagans would come upon Britaine if the King were dead as he is civilly dead in this juncture of time when he refuseth to helpe his subjects one part of Britaine would help another As Iehoshaphat King of Iudah did right in helping Ahab and Israel so the Lord had approved of the warre If the left hand be wounded and the left eye put out nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye and so are they obliged to helpe one another 10. As we are to beare one anothers burthens and to help our enemies to compassionate strangers so far more these who make one body of Christ with us 11. Meroz is under a curse who helpeth not the Lord one part of a Church another A woe lieth on them that are at ease in Zion and helpeth not afflicted Ioseph so farre as they are able 12. The law of Gratitude obligeth us to this England sent an Armie to free both our soules and bodies from the bondage of Popery and the fury of the French upon which occasion a Parliament at Leith Anno 1560. established Peace and Religion and then after they helped us against a faction of Papists in our owne bosome for which we take Gods name in a prayer seeking grace never to forget that kindnesse 13. When Papists in Armes had undone England if God give them victory they should next fall on us and it should not be in the Kings power to resist them When our enemies within two dayes journey are in Armes and have the person of our King and his judgement and so the breathing Law of the two Kingdomes under their power we should but sleepe to be killed in our nest if we did not arise and fight for King Church Countrey and Brethren Object By these and the like grounds when the Kings Royall Person and life is in danger he may use Papists as subjects not as Papists in his owne naturall self-defence Answ Hell and the Devill cannot say that a thought was in any heart against the Kings person He sleeped in Scotland safe and at Westminster in his owne Palace when the Estates of both Kingdomes would not so much as take the water-pot from his bed-side and his Speare and Satan instilled this traiterous lye first in Prelates then in Papists 2. The King professeth his maintenance of the true Protestant Religion in his Declarations since he tooke Armes but if Saul had put Armes in the hands of Baals Priests and in an Armie of Sidonians Philistims Ammonites professing their quarrell against Israel was not to defend the King but their Dagon and false gods cleere it were Sauls Armie should not stand in relation of helpers of the Kings but of advancers of their owne Religion Now Irish Papists and English in Armes presse the King to cancell all Lawes against Popery and make Laws for the free liberty of Masse and the full power of Papists then the King must use Papists as Papists in these warres QUEST XXXVIII Whether Monarchy be the best of governments NOthing more unwillingly doe I write then one word of this question It is a darke way circumstances in falne nature may make things best to be hic nunc evill Though to me it is probable that Monarchy in it selfe 2. Monarchy de jure that is lawfull and limited Monarchy is best even now in a Kingdome under the fall of sin if other circumstances be considered But observe I pray you 1. That M. Symmons and this poore Prelate do so extoll Monarchy that there is not a government save Monarchy onely all other governments are deviations and therefore M. Symmons saith pag. 8. If I should affect another government then Monarchy I should neither feare God nor the King but associate my selfe with the seditious and so the question of Monarchy is 1. Which is the choisest government in it selfe or which is the choisest government in policie and in the condition of man falne in the state of sinne 2. Which is the best government that is the most profitable or the most pleasant or the most honest For wee know that there bee these three kinds of good things things usefull and profitable bona utilia things pleasant jucunda things honest honesta and the question may be of every one of the three 3. The question may be which of these governments be most agreeable to nature that is either to nature in it selfe as it agreeth communiter to all natures of elements birds beasts Aâ—gels Men to lead them as a governour doth to their last end or which government is most agreeable to men to sinfull men to sinfull men of this or this Nation for some Nations are more ambitious some more factious some are better ruled by one some better ruled by many some by most and by the people 4. The question may be in regard of the facility or difficulty of loving fearing obeying and serving and so it may be thought easier to love feare and obey one Monarch then many Rulers in respect that our Lord saith it is difficult to serve two Masters and possibly more difficult to serve twenty or
Duke of Venice Assert 3. Every government hath some thing wherein it is best 1. Monarchy is honorable and glorious-like before men Aristocracie for counsell is surest Democracie for liberty and possibly for riches and gaine best Monarchy obtaineth its end with more conveniency 1. Because the ship is easilier brought to land when one sitteth at the helme then when ten move the helme 2. Wee more easily feare love obey and serve one then many 3. He can more easily execute the Lawes Assert 4. A limited and mixed Monarchy such as is in Scotland and England seeme to me the best government when Parliaments with the King have the good of all the three This government hath 1. glory order unitie from a Monarch from the government of the most and wisest it hath safety of counsell stability strength from the influence of the Commons it hath liberty priviledges promptitude of obedience Object 1. There is more power terrour and love in one then in many Answ Not more power 2. terrour cometh from sin and so to nature fallen in sin in circumstances a Monarchy is best Object 2. It is more convenient to nature that one should be Lord then many Answ To sinlesse nature true as in a father to many children Object 3 Monarchies for invention of counsels execution concealing of secrets is above any other government Answ That is in some particulars because sin hath brought darknesse on us so are we all dull of invention slow in execution and by reason of the falsnesse of men silence is needlesse but this is the accidentary state of nature otherways there is safety in a multitude of counsellers one commanding all without following counsell trusteth in his own heart and is a foole Object 4. A Monarch is above envy because he hath no equall Answ Grant all in many things a Monarchy is more excellent but that is nothing to an absolute Monarchy for whom Royalists contend Object 5. In a multitude there be more fooles then wise men and a multitude of vices and little vertue is in many Answ Meere multitude cannot governe in either Democracy or Aristocracy for then all should be rulers and none ruled but many eyes see more thâ—n one by accident one may see more then hundreds but accidents are not rules Object 6. Monarchy is most perfect because most opposite to Anarchy and most agreeable to nature as is evident in Plants Birds Bees Answ Government of sinlesse nature void of reason as in birds bees is weak to conclude politique civil government amongst men in sin and especially absolute government a King-Bee is not absolute nor a King-Eagle if either destroy its fellowes by nature all rise and destroy their King 2. A King-Bee doth not act by counsell borrowed from fellow Bees as a King must do and communication of counsels lesseneth absolutenesse of a man 2. I see not how a Monarchy is more opposite to Anarchy and confusion then other governments a Monarch as one is more opposite to a multitude as many but there is no lesse order in Aristocracy then in Monarchy for a government essentially includeth order of commanding and subjection Now one is not for absolutenesse more contrary to Anarchy then many for that one now who can easily slip from a King to a Tyrant cannot have a negative voice in acts of justice for then should he have a legall power to oppose justice and so for his absolutenesse he should be most contrary to order of justice and a Monarch because absolute should be a door-neighbour to disorder and confusion Object But the Parliament hath no power to deny their voices to things just or to crosse the law of God more then the King Answ It is true neither of them hath a negative voice against law and reason but if the Monarch by his exorbitant power may deny justice he may by that same legall power do all injustice and so there is no absolutenesse in either Object Who should then punish and coerce the Parliament in the case of exorbitance Answ Posterior Parliaments Object Posterior Parliaments and people both may erre Answ All is true God must remedy that onely 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 Royall I Conceive Kings are conceived to have a threefold supreme power 1. Strictly absolute to do what they please their will being simply a law this is Tyranicall some Kings have it de facto ex consuetudine but by a divine law none have it I doubt if any have it by a human positive law except the great Turk and the King of Spaine over his conquest without the borders of Europe and some few other conquerours There is another 2. power limited to Gods law the due proper right of Kings Deut. 17. 18. 19. 20. There is 3. a potest as 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 given to Christ because it had Cesars image and superscription Math. 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 invaders and defend themselves this power no 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 Prorenatâ— 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 governe the common-wealth therefore
power as a publique though a honourable servant and watchman appointed by the community as a mean for an end to regulate my bread houses moneys fields for the good of the publique Dominion is defined a faculty to use a thing as you please except you be hindered by force or by Law Iustin tit c. de legibus in l. digna vox c. So have I a dominion over my own garments house money to use them for uses not forbidden by the Law of God and man but I may not lay my corne field wast that it shall neither bear grassâ— nor corne the King may hinder that because it is a hurt to the publique but the King as Lord and Soveraigne hath no such dominion over Naboths viâ—eyard How the King is lord of all goods ratione jurisdictionis tuitionis se Anton. de paudrill in l. Altius n. 5. c. de servit Hottom illust quest q. 1. ad fin Conc. 2. Lod. Molin de just jur dis 25. Soto de justitia jur l. 4. q. 4. art 1. QUEST XL. Whether or no the people have any power over the King either by his oath covenant or any other way ARistotle saith Ethic. 8. c. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Tyrant seeketh his owne a King the good of the Subjects for he is no King who is not content and excelleth in goodnesse The former part of these words distinguish essentially the King by his office from the Tyrant Now every office requireth essentially a duty to be performed by him that is in office and where there is a duty required there is some obligation if it be a politique duty it is a politique obligation Now amongst politique duties betwixt equall and equall superiour and inferiour that is not de facto required coaction for the performance thereof but de jure there is for two neighbour Kings and two neighbour Nations both being equall and independent the one toward the other the one owe a duty to the other and if the Ammonites do â— wrong to David and Israel as they are equall de facto the one cannot punish the other though the Ammonites do a disgrace to Davids messengers yet de jure David and Israel may compell them to politique duties of politique consociation for betwixt independent kingdomes there must be some politique government and some politique and civil Lawes for two or three making a society cannot dwell together without some policy and David and Israel as by the Law of nature they may repell violence with violence so if the lawes of neighbour-hood and nations be broken the one may punish the other though there be no relation of superiority and inferiority betwixt them 2. Where ever there is a covenant and oath betwixt equals yea or superiours and inferiours the one hath some coactive power over the other if the father give his bond to pay to his son ten thousand pounds as his patrimony to him though before the giving of the bond the father was not obliged but onely by the Law of nature to give a patrimony to his son yet now by a politique obligation of promise covenant and writ he is obliged so to his son to pay ten thousand pounds that by the Law of Nations and the civil Law the son hath now a coactive power by Law to compell his father though his superiour to pay him no lesse then ten thousand pounds of patrimony Though therefore the King should stand simply superiour to his kingdom and estates which I shall never grant â—t if the King come under covenant with his kingdom as I have proved at length c. 13. he must by that same come under some coactive power to fulfill his covenant for omne promissum saith the Law cadit in debitum What any doth promise falleth under debt if the covenant be politique and civil as is the covenant between King David and all Israel 2 Sam. 5. 1 2 3. and between King Iehoash and the people 2 King 11. 17 18. Then the King must come under a civil obligation to performe the covenant and though their be none superiour to King and the people on earth to compell them both to performe what they have promised yet de jure by the Law of Nations each may compell the other to mutuall performance This is evident 1 By the Law of nations if one nation break covenant to another â—â—â—ugh both be independent yet hath the wronged nation a coactive power de jure by accident because they are weaker they want stength to compell yet they have right and jus to compell them to force the other to keep covenant or then to punish them because nature teacheth to repel violence by violence so it be done without desire of revenge and malice 2. This is proved from the nature of a promise or covenant for Solomon saith Prov. 6. 1. My son if thou be surety for thy friend if thou hast stricken thy hand with a stranger 2. Thou art snared with the words of thy mouth art taken with the words of thy mouth But whence is it that a man free is now snared as a beast in a gin or trap Certainly Solomon saith it is by a word and striking of hands by a word of promise and covenant Now the Creditor hath coactive power though he be an equall or an inferiour to the man who is surety even by Law to force him to pay and the Judge is obliged to give his coactive power to the Creditor that he may force the surety to pay Hence it is cleare that a Covenant maketh a free man under the coactive power of law to an equall and to weaker and the stronger is by the law of fraternity to help the weaker with his coactive power to cause the superiour fulfill his covenant If then the King giving and not granting he were superiour to his whole Kingdome come under a covenant to them to seek their good not his owne to defend true Protestant Religion they have power to compell him to keep his covenant and Scotland if the King be stronger then England and break his covenant to them is obliged by Gods law Prov. 24. 11. to adde their forces and coactive power to help their brethren of England 3. The Law shall warrant to loose the vassal from the Lord when the Lord hath broken his covenant Hippolitus in l. Si quis viduam col 5. dixit de quest l. Si quis major 41. 161. Bartol n. 41. The Magdeburgens in libel de offic magistrat Imperatores reges esse primarios vasallos imperii regni proinde si feloniam contra imperium aut regnum committant fewdo privari proinde ut alios vasallos Arnisaeus q. 6. An princeps qui jurat subditis c. n. 2. saith This occasioneth confusion and sedition The Egyptians saith he cast off Pâ—olomeus because he affected too much the name of a King of the Romans his own friend Dion l.
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 Jesuites 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 Jesuites 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 Gasuists 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 Princes 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 they 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 â— 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 on 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 all the substantials of Popery are true and Catholick doctrine to be preached and Printed The Prelates and Court-Divines and this Prelate conspireth in all these with the Iesuites as is learnedly and invincibly proved in the Treatise called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Canterburian self-conviction to which no man of the Prelaticall and Romish Faction durst ever make answer for their hearts and see then who are Iesuites 3. This doctrine was taught by Lawyers Protestants yeilded to by Papists before any Iesuite was whelped in rerum naturâ Never learned man wrote of policy till of late but he held power of Government by the light of nature must be radically and originally in a Communitie the P. Prelate saith Iesuites are not the father of this opinion Cap. 1. pag. 12. How then can the Liar say that the Puritan conspireth with the Iesuite Suarez the Iesuite de primat sum pontifi l. 3. c. 2. n. 10. Non est novum aut a Cardinali Bellarmino inventum The Iesuite Tannerus will not have their Family the mother of this opinion Tom. 2. disp 5. de leg q. 5. in 12. q. 95 96. Dubi 1. n. 7. Sine dubio communis omnium Theologorum Iurisperitorum sententia c. The Iesuite Tolet in Rom. 13. taketh it for a ground That the Civill powers are from God by the naturall mediation of men and Civill Societies 4. Iesuites teach That there is no lawfull Christian society truely politick that hath a neer and formall power to choose and ordain their own Magistrates but that which acknowledgeth subjection and the due regulation of their creating of Magistrates to be due and proper to the Pope of Rome We acknowledge no wayes the Bishop of Rome for a lawfull Bishop and Pastor at all But this Popish Prelate doth acknowledge him for he hath these words Cap. 5. pag. 58. It is high
Because Kings are Gods bearing the sword of vengeance against seditious and bloody Prelates and other ill-doers But Christ God-Man the Mediator and Head of the body the Church hath neither Pope nor King to be head under him The sword is communicable to men but the Headship of Christ is communicable to no King nor to any created shoulders 2. The Iesuite maketh the Pope a King and so this P. Prelate maketh him in extent the Bishop of Bishops and so King as I have proved But we place no Soveraigntie in Presbyteries but a meere ministeriall power of servants who doe not take on them to make Lawes and Religious Ceremonies as Prelates doe who indeed make themselves Kings and Law-givers in Gods house P. Prelate We speake of Christ as Head of the Church Some think that Christ was King by his Resurrection jure acquisito by a new title Right of merit I think he was a King from his conception Ans You declare hereby that the King is a ministeriall Head of the Church under the head Christ All our Divines disputing against the Popes headship say No mortall man hath shoulders for so glorious a head You give the King such shoulders But why are not the Kings euen Nero Iulian Nebuchadnezzar Belshazer Vicegerents of Christ as Mediator as Priest as Redeemer as Prophet as Advocate presenting our prayers to God his Father What action I pray you have Christian Kings by office under Christ in dying and rising from the dead for us in sending down the Holy Ghost preparing mansions for us Now it is as proper and incommunicably reciprocall with the Mediator to be the only Head of the body the Church Col. 1. 18. as to be the only Redeemer and Advocate of his Church 2. That Christ was King from his conception as Man borne of the Virgin Mary suteth well with Papists who will have Christ as Man the visible Head of the Church that so as Christ-man is now in heaven he may have a visible Pope to be Head in all Ecclesiasticall matters And that is the reason why this P. Prelate maketh him head of the Church by an Ecclesiasticall right as we heard and so he followeth Becanus the Iesuite in this and others his fellowes P. Prelate 1. Proofe If Kings reigne by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per in and through Christ as the Wisdome of God and the Mediator then are Kings the Vicegerents of Christ as Mediator But the former is said Prov. 8. 15 16. as D. Andrewes of blessed memorie Ans 1. Denies the major All beleevers living the life of God ingrafted in Christ as branches in the tree Job 15. 1. 2 should by the same reason be Vicegerents of the Mediator so should the Angels to whom Christ is a head Col. 2. 10. be his Vicegerents and all the Iudges and Constables on earth should be under-Mediators for they live and act in Christ yea all the Creatures in the Mediator are made new Rev. 21. 5. Rom. 8. 20 21 22. 2. D. Andrewes name is a curse on the earth his writings prove him to be a Popish Apostate P. Prelate 2. Christ is not only King of his Church but in order to his Church King over the Kings and Kingdomes of the earth Ps 2. 5. 8. 3. Math. 21. 18. To him is given all power in heaven and earth ergo all Soveraigntie over Kings Ans 1. If all these be Christs vicegerents over whom he hath obtained power then because the Father hath given him power over all flesh to give them life eternall Ioh. 17. 1. 2. then are all beleevers his Vicegerents yea and all the damned men and Devils and Death and Hell are his Vicegerents for Christ as Mediator hath all power given to him as King of the Church and so power Kingly over all his enemies to reigne while he make them his footstoole Ps 1 10. 1. 2. to break them with a rod of iron Ps 2. 9. 1 Cor. 15. 24 25 26 27. Revel 1. 18. 20. v. 10 11 12 13 14 15. And by that same reason the P. Prelates 4. and 5. Argument fall to the ground He is heire of all things ergo all things are his Vicegerents What more vaine He is Prince of the Kings of the earth and King of Oggs of Kings of his Enemies ergo Sea and Land are his Vicegerents P. Prelate Kings are nurse-fathers of the Church ergo they hold their crowns of Christ 3. Divines say that by men in sacred Orders Christ doth rule his Church mediately in those things which primely concerne salvation and that by Kings their scepter and power he doth protect his Church and what concerneth externall pompe order and decencie Then in this latter sense Kings are no lesse the immediate Vicegerents of Christ than Bishops Priests and Deacons in the former Ans Because Kings hold their Crownes of Christ as Mediator and Redeemer it followeth by as good consequence Kings are submediators and under-Priests and Redeemers as Vicegerents Christ as King hath no visible Royall Vicegerents under him 2. Men in holy Orders sprinkled with one of the Papists five blessed Sacraments such as Antichristian Prelates unwashed Priests to offer sacrifices and Popish 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
have a ministeriall power saith he in spirituall things but in order to Christ ergo in order to others it is not ministeriall but Lordly So here a Lordly power Pastors have over Kings by the P. P. way We teach it is ministeriall in relation to all because Ministers can make no Lawes as Kings can doe but only as Heralds declare Christs Lawes 2. None of us give any coercive Civill power to the Church over either Kings or any other it is Ecclesiasticall a power to rebuke and censure was never civill 3. A religious Covenant to swear to resist that is to defend our selves is one thing and a lawfull Oath as is cleare in those of Israel that did sweare Asa's Covenant without the authority of their owne King 2 Chron. 15. 9 10 11 12. and to sweare to force the King to submit to Christs Scepter is another thing the Presbytery never did sweare or covenant any such thing nor doe we take Sacrament upon it to force the King Prelates have made the King sweare and take his Sacrament upon it that he shall roote out Puritanes that is Protestants whereas he did sweare athis Coronation to roote out Heretickes that is if Prelates were not traiterous in administring the Oath Arminians and Papists such as this P. P. is knowne to be but I hold that the Estates of Scotland have power to punish the King if he labour to subvert Religion and Lawes 4. If this Argument that Religion is to be perswaded not forced which P. P. useth be good it will make much against the King for the King then can force no man to the externall profession and use of the ordinances of God and not only Kings but all the people should be willing P. Prelate Though the King may not preach c. yet the exercise of these things freely within his Kingdome what concerneth the decent and orderly doing of all and the externall man in the externall government of the Church in appointing things arbitrary and indifferent and what else is of this straine are so due to the prerogative of the Crown as that the Priests without highest Rebellion may not usurpe upon him a King in the State and Church is a mixed person not simply civill but sacred too They are not only professors of truth that they have in the capacity of Christians but they are defenders of the faith as Kings they are not sonnes only but Nurse-fathers they serve God as Augustine saith as men and as Kings also Ans If yee give the King power of the exercises of Word and Sacraments in his Kingdome this is deprivation of Ministers in his Kingdome for sure he cannot hinder them in another Kingdome you may make him to give a Ministeriall calling if he may take it away By what word of God can the King close the mouth of the man of God whom Christ hath commanded to speake in his name 2. If the King may externally governe the Church why may he not excommunicate for this is one of the speciall acts of Church Government especially seeing he is a mixed person that is halfe a Church-man and if he may prescribe Arbitrary teaching Ceremonies Surplice to instruct men in the duties of holinesse required of Pastors I see not but he may teach the Word 3. Dr. Ferne and other Royalists deny Arbitrary Government to the King in the State and with reason because it is Tyranny over the people but Prelates are not ashamed of commanding a thing Arbitrary and indifferent in Gods Worship shall not Arbitrary Government in the Church be tyranny over the conscience But say they Church-men teacheth the King what is decent and orderly in Gods Worship and he commandeth it Ans Solomon by no teaching of Church-men deposed Abiathar David by no teaching of Church-men appointed the forme of the Temple 2. Hath God given a Prerogative Royall to Kings whereby they may governe the Church and as Kings they shall not know how to use it but in so farre as they are taught by Church men 3. Certainely we shall once be informed by Gods Word what is this Prerogative if according to it all the externall worship of God may be ordered Lawyers and Royalists teach that it is an absolutenesse of power to doe above or against a Law as they say from 1 Sam. 8. v. 9. 11. and whereby the King may oppresse and no man may say What dost thou Now Good P. Prelate if by a plenitude of tyranny the King prescribe what he will in the externall worship and government of Gods House who can rebuke the King though he command all the Antichristian Ceremonies of Rome and of Turkey yea and the sacrificing of children to Molech for absolutenesse Royall will amount to shedding of innocent blood for if any oppose the King or say Sir What doe you he opposeth the Prerogative Royall and that is highest Rebellion saith our P. Prelate 5. I see not how the King is a mixt person because he is Defender of the Faith as the Pope named the King of England Henry the eighth he defendeth it by his Sword as he is a Nurse-father not by the sword that commeth out of his mouth 6. I would know how Iulian Nebuchadnezzar Og and Sihon were mixed persons and did all in the externall government of the Church and that by their office as they were Kings 7. All the instances that Augustine bringeth to prove that the King is a mixt person proveth nothing but Civill acts in Kings as Hezekiah cast down the high places the King of Nineve compelled to obey the Prophet Ionah Darius cast Daniels enemies to the Lyons P. Prelate If you make two Soveraignes and two Independents there is no more peace in the State then in Rebeckahs wombe while Jacob and Esau strove for the prerogative Ans 1. What need Israel strive when Moses and Aaron are two Independents If Aaron make a golden Calfe may not Moses punish him If Moses turne an Achab and sell himselfe to doe wickedly ought not 80 valiant Priests and Aarons both rebuke censure and resist 2. p. 65. The P. P. said Let no man imagine we priviledge the King from the direction and power of the Church so he be no intruding Vzzah I pray P. P. what is this Church power Is it not supreme in its kinde of Church power or is it subordinate to the King If it be supreme see how P. P. maketh two Supremes and two Soveraignes If it be subordinate to the King as he is a mixt person the King is priviledged from this power and he may intrude as Vzzah and by his prerogative as a mixed person he may say Masse and offer a sacrifice if there be no power above his prerogative to curbe him If there be none the P. P. his imagination is reall The King is priviledged from all Church power Let the P. P. see to it I see no inconvenience for reciprocations of subjections in two Supremes and
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 apostare 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 Leaven-tubs ordinarily 3. Something he saith of Popes usurping over Kings but only of one of his fathers a great uncleane spirit Gregorie the Great But if he had refuted him by Gods Word he should have thrown stones at his own Tribe for Prelates like him doe ex officio trample upon the neck of Kings 4. His testimonies of one Councell and one Father for all Antiquitie proveth nothing Athanasius said God hath given Davids Throne to Kings What to be Head of the Church No to be the Minister of God without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the Church And because Kings reigne by Christ as the Councell of Arimin saith therefore it may follow a Baily is also Head of the Church It is taken from Prov. 8. and answered 5. That Presbyteries have usurped upon Kings more then Popes since Hildebrand is a lie all stories are full of the usurpation of Prelates his own tribe The Pope is but a swelled fat Prelate and what he saith of Popes he saith of his own house 6. The Ministers of Christ in Scotland had never a contest with King Iames but for his sinnes and his conniving with Papists and his introducing Bishops the usher of the Pope QUEST XLIII Whether the King of Scotland be an absolute Prince having Prerogatives above Parliament and Laws The Negative is asserted by the Lawes of Scotland the Kings Oath of Coronation the Confession of Faith c. THe negative part of this I hold in these Assertions Assert 1. The Kings of Scotland have not any Prerogative distinct from Supremacie above the Lawes 1. If the People must be governed by no Lawes but by the Kings own Lawes that is the Lawes and Statutes of the Realme acted in Parliament under paine of disobedience then must the King governe by no other Lawes and so by no Prerogative above Law But the former is an evident truth by our Acts of Parliament ergo so is the latter The Proposition is confirmed 1. Because what ever Law enjoyneth passive obedience no way but by Lawes that must injoyne also the King actively to command no other way but by Law for to be governed by Law essentially includeth to be governed by the Supreme Governour only by Law 2. An act of Regall governing is an act of Law and essentially an act of Law an act of absolute Prerogative is no act of Law but an act above Law or of pleasure loosed from Law and so they are opposed as acts of Law and non-acts of Law If the Subjects by command of the King and Parliament cannot be governed but by Law How can the King but
and counsell in assisting the King in acts of Tyranny and in oppression and in shedding innocent blood yea our confession tyeth us to deny helpe and comfort to the King in these wicked acts and therefore our helpe must be in the things that pertaineth to his Royall Office and duty only otherwise we are to represse all tyranny art 14. 4 To save the lives of innocents to represse Tyranny to defend the oppressed are by our confession good workes well pleasing to God and so is this a good worke not to suffer innocent blood to be shed if we â—ay withstand it Hence it is cleare as the Sunne that our confession according to the Word of God to which King Charles did sweare at his Coronation doth oblige and tye us in the presence of God and his holy Angels to rise in Armes to save the innocent to represse Tyranny to defend the oppressed When the King induced by ill counsell sent Armies by Sea and Land to kill and destroy the whole Kingdome who should refuse such a Service-booke as they could not in conscience receive except they would disobey God renounce the confession of Faith which the King and they had sworne unto and prove perfidious Apostates to Christ and his Church what could we doe and that the same Confession considering our bonds to our deare Brethren in England layeth bonds on us to this as a good worke also not to suffer their innocent blood to be shed but to defend them when they against all Law of God of men of State of Nations are destroyed and killed For my part I judge it had been a guiltinesse of blood upon Scotland if we had not helped them and risen in Armes to defend our selves and our innocent brethren against bloody Cavaliers Adde to this what is in the 24. Article of the same Confession We confesse whosoever goeth about to take away or to confound the whole state of Civill Polity now lonâ— established we affirme the same men not only to be enemies to mankind but also wickedly to fight against Gods Will. But these who have taken Armes against the Estates of Scotland and the Princes and Rulers of the Land have laboured to take away Parliaments and the fundamentall Lawes of this Kingdome ergo c. The Confession addeth 16. We farther confesse and acknowledge that such persons as are placed in authority are to be loved honoured feared and holden in most reverent estimation because that they are Lieutenants of God in whose Sessions God himselfe doth sit and Iudge yea even the Iudges and Princes themselves to whom by God is given the sword to the praise and defence of good men and to revenge and punish all open malefactors Ergo the Parliament and Princes and Rulers of the Land are Gods Lieutenants on earth no lesse then the King by our Confession of Faith and those who resist them resist the ordinance of God Royalists say They are but the Deputies of the King and when they doe contrary to his Royall Will they may be resisted yea and killed for in so farre they are private men though they are to be honoured as Iudges when they act according to the Kings Will whose Deputies they are But I answer 1. It is a wonder that inferiour Judges should be formally Iudges in so far as they act conforme to the will of a mortall King and not in so far as they act conforme to the will of the King of Kings seeing the judgement they execute is the King of Kings and not the Iudgement of a mortall King 2 Chro. 19. 6. 2. Royalists cannot indure the former distinction as it is applyed to the King but they receive it with both hands as it is applyed to inferiour Iudges and yet certaine it is that it is as ordinary for a King being a sinfull man to act sometimes as the Lieutenant of God and sometimes as an erring and misinformed man no lesse then the inferiour Iudge acteth sometimes according to the Kings will and Law and sometimes according to his owne private way and if we are to obey the inferiour Iudge as the Deputy of the King what shall become of his Person when Cavaliers may kill him at some Edge-hill for so they mock this distinction as applyed to the King in regard of his Person and of his Royall Office and for this point our Confession citeth in the Margin Rom. 13. 7. 1 Pet. 2. 17. Psal 82. 1. which places doe clearely prove 1. That inferiour Magistrates are 1. Gods ordinances 2. Gods on earth Psal 82. 3. Such as beare the Lords sword 4. That they are not only as the Confession saith appointed for Civill policie but also for maintenance of true Religion and for suppressing of idolatrie and superstition Then it is evident to resist inferior Magistrates is to resist God himselfe and to labour to throw the sword out of Gods hands 5 Our Confession useth the same Scriptures cited by Junius Brutus to wit Ezek. 22. 1 2 3 4 5 6 7. and Ier. 22. 3. where we are no lesse then the Iewes commanded to execute judgement and righteousnesse and deliver the spoyled out of the hands of the oppressour For both the Law of God and the Civill Law saith Qui non impedit homicidium quum potest is homicidii reus est I will cast in a word of other Confessions lest we seeme to be Iesuites alone The Confession of Helvetia saith c. 30. de Magistratu Viduas pupillos afflictos asserat Every Magistrate is to defend the widow the orphan and the oppressed The French Confession saith art 40. Affirmamus ergo parendumesse Legibus Statutis solvenda Tributa subjectionis denique jugum voluntariè tolerandum etiamsi infideles fuerint Magistratus dummodo Dei summum imperium integrum illibatum maneat So cleare it is that all active obedience is due to all Magistrates and that that yoake of passive obedience is to be tolerated but conditionally with a dummodo so as the Magistrate violate not the supreme commandement of the King of Kings And we know accordingly Protestants of that Church have taken defensive armes against their King But our P. Prelate can say The Confessions of Scotland Helvetia France and all the Reformed Churches are Jesuiticall when as it was the doctrine of the Waldenses Protestants and Luther Calvin and others while as there was no Iesuite on earth The 37. Art of the Church of Englands Confession is so far from erecting an absolute power in the King that they expresly bring down the Royall Prerogative from the high seat and transcendent superlative power above the Law and expone the Prerogative to be nothing but meere Law-power We only say they ascribe that Prerogative to the King which the Scripture doth ascribe to all Godly Princes that is that they cause all committed to their trust whether Ecclesiasticall or Civill persons doe their duty and punish with the Civill sword all disobedient offenders In syntag Confess And
this they say in answer to some who beleeved the Church of England made the King the Head of the Church The Prelates Convocation must be Iesuites to this P. P. also So the 36. Article of the Belgick Confession saith of all Magistrates no lesse then of a King We know for Tyrannie of Soule and Body they justly revolted from their King Idcirco Magistratus ipsos gladio armavit ut malos quidem plectant paenis probos vero tueantur Horum porro est non modo de Civili politia conservanda esse solioitâ—s verum etiam dare operam ut sacrum Ministerium conservetur omnis Idololatria adulterinus Dei cultus è medio tollatur regnum Antichristi diruatur c. Then all Magistrates though inferiour must doe their duty that the Law of God hath laid on them though the King forbid them But by the Belgick Confession and the Scripture it is their duty to relieve the oppressed to use the sword against murthering Papists and Irish Rebels and destroying Cavaliers For shall it be a good plea in the day of Christ to say Lord Iesus we would have used thy sword against bloody Murtherers if thy Anoynted the King had not commanded us to obey a mortall King rather than the King of ages and to execute no judgement for the oppressed because he judged them faithfull Catholike subjects Let all Oxford and Cavalier Doctors in the three Kingdomes satisfie the consciences of men in this that inferior Iudges are to obey a Diviue Law with a proviso that the King command them so to doe and otherwise they are to obey Men rather then God This is evidently holden forth in the Argentine Confession exhibited by foure Cities to the Emperour Charles the Fifth An. M. D. XXX in the same very cause of innocent Defence that we are now in in the three Kingdomes of Scotland England and Ireland The Saxonick Confession exhibited to the Councell of Trent An. M. D. LI. art 23 maketh the Magistrates office essentially to consist in keeping of the two Tables of Gods Law and so what can follow hence but in so far as he defendeth Murtherers or if he be a King and shall with the sword or Armies impede inferior Magistrates for the Confession speaketh of all to defend Gods law and true Religion against Papists Murtherers and bloody Cavaliers and hinder them to execute the judgement of the Lord against evill doers He is not in that a Magistrate and the denying of obedience active or passive to him in that is no resistance to the Ordinance of God but by the contrary the King himselfe must resist the ordinance of God The Confession of Bohemia is clear art 16. Qui publico munere magistratuque funguntur quemcunque graduÌ„ teneant se non suum sed Dei opus agere sciant Hence all inferior or the supreme Magistrate what ever be their place they doe not their own work nor the work of the King but the work of God in the use of the sword Ergo they are to use the sword against bloody Cavaliers as doing Gods worke suppose the King should forbid them to doe Gods worke And it saith of all Magistrates Sunt autem Magistratuum partes ac munus omnibus ex aequo jus dicere in communem omnium usum sine personarum acceptatione pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis hanc inter turbantibus poenas sumere aliosque omnes ab eorum vi injuria vindicare Now this Confession was the faith of the Barons and Nobles of Bohemia who were Magistrates and exhibited to the Emperor An. 1535. in the cause not unlike unto ours now and the Emperor was their Soveraigne yet they professe they are obliged in conscience to defend all under them from all violence and injuries that the Emperor or any other could bring on them and that this is their office before God which they are obliged to performe as a worke of God and the Christian Magistrate is not to doe that worke which is not his own but Gods upon condition that the King shall not inhibite him What if the King shall inhibite Parliaments Princes and Rulers to relieve the oppressed to defend the Orphan the Widow the Stranger from unjust violence Shall they obey man rather than God To say no more of this Prelates in Scotland did what they could to hinder his Majestie to indict a Parliament 2. When it was indicted to have its freedome destroyed by prelimitations 3. When it was sitting their care was to divide impede and anull the course of Iustice 4. All in the P. Prelates booke tendeth to abolish Parliaments and to enervate their power 5. There were many wayes used to break up Parliaments in England And to command Iudges not to judge at all but to interrupt the course of Iustice is all one as to command unrighteous judgement Ier. 22. v. 3. 6. Many wayes have been used by Cavaliers to cut off Parliaments and the present Parliament in England The paper found in William Lauds Studie touching feares and hopes of the Parliament of England evidenceth that Cavaliers hate the Supreme seat of Iustice and would it were not in the World which is the highest rebellion and resistance made against superior Powers 1. He feareth this Parliament shall begin where the last left Ans What ever ungrate Courtier had hand in the death of King Iames deserved to come under Tryall 2. He feareth they sacrifice some man Ans If Parliaments have not power to cut off Rebels and corrupt Iudges the root of their being is undone 2. If they be lawfull Courts none needeth feare them but the guilty 3. He feareth their Consultations be long and the supply must be present Ans Then Cavaliers intend Parliaments for Subsidies to the King to foment and promote the warre against Scotland not for Iustice 2. He that feareth long and serious consultations to rip up and launce the wounds of Church and State is affraid that the wounds be cured 4. He feareth they deny Subsidies which are due by the Law of God Nature and Nations whereas Parliaments have but their deliberation and consent for the manner of giving otherwise this is to sell Subsidies not to give them Ans Tribute and the standing Revenues of the King are due by the Law of God and Nations but Subsidies are occasionall Rents given upon occasion of Warre or some extraordinary necessity and they are not given to the King as Tribute and standing Revenues which the King may bestow for his House Family and Royall Honour but they are given by the Kingdome rather to the Kingdome then to the King for the present warre or some other necessity of the Kingdome and therefore are not due to the King as King by any Law of Nature or Nations and so should not be given but by deliberation and judiciall sentence of the States and they are not sold to the King but given out by the
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 sall 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 Subsides 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 over 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 by 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 Baslicon 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 Insulanorum 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 conciâ—ne 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 Reâ— 7. resigneth and maketh over the Government into the hands of the Parliament and Philarchi Tribuum Gubernatores 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 Protex 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 the Kingdome The Parliament rejecting the lawfull sonne of Corbredus the 20 King because he was young created Dardanus the sonne of Metellanus King which is a great argument of the power of the Scottish Parliament of old for elective rather then hereditary Kings Corbredus secundus called Galdus the 21 King at his Coronation renouncing all negative voices did sweare Se majorum consiliis acquieturum That he should be ruled by the Parliament and it is said Leges quasdam tollere non potuit adversante multitudine Lactatus R. 22. is censured by a Parliament Quod spreto majorum consilio He appointed base men to publick Offices Mogaldus R. 23. Ad consilia seniorum omnia ex prisco more revâ—cavit did all by the Parliament as the ancient custome was Conarus 24. K. was cast in Prison by the Parliament Quod non expectato decreto patrum quod summae erat potestatis privatis consiliis administrasset Because he did the weightiest businesse that concerned the Kingdome by private advice without the judiciall Ordinance of Parliament that was of greatest authority Where is the negative voice of the King here Ethodius 2. the sonne of Ethodius the 1. the 28. King The Parliament passing by his son of the first Bed because he was a child had created Satrael his Brother King before a simple ignorant man yet for reverence to the race of Fergus kept the name of a King but the Estates appointed Tutors to him he was the 28. King Nathalocus the 30. K. corrupting the Nobles with buds and faire promises obtained the Crowne Romachus Fethelmachus and Angusianus or as Buchanan
that commandeth obedience active or passive unjustly is eatenus no higher power Arnisaeus 16. Laertius l. 3. in Plato The person or the man who is the Magistrate may lawfully be resisted and the man as using the power lawfully or the office can not be resisted Arg. â— Pag. 141. Sac. sanâ— mac 2 pag 28. pag. 30. 31. Arnisaen de potest prin c. 2. 11. 17. pag. 3. sec 5. pag. 30. Royalists reasons that to resist the man or person is to resist the King office or ordinance of God Grot. dâ— iur belli pacis l. 1. c. 4. n. 7. Winzetus Velitat adver Buchanan Barclay adv Monarchom l. 3. c. 8. We may kill a person as a man and love him as a sonne a father a wife according to Gods Word How the person and office â—f the Ruler are both theobject of our subiection The question of subjection toucheth the persons as abusing their power De Authorit princ c. 2. n. 18. Loyall Subiects beliefe pag. 49. Sect. 5. pag. 9. Pilates power to crucifie Christ was no Law-power given by God to Pilate as a Iudge Patient bearing of ill and resistance are compatible in one and the same person Resistance not forbidden 1 Pet. 2. 18. but patient suffering onely recommended D. Ferne part 3. § 2. p. 10. Suffering and non-resistance passive fell under no law Christs non-resisting of Pilate no plea against resistance of unjust violence Many things not imitable by us in Christs non-resistance D. Ferne part 3. §. 2. p. 10. Conses Remonstrant Suffering not commanded of God formally We are comparatively rather to suffer then to deny the truth but we are not commanded formally to suffer Patience in suffering is commanded not suffering it self formally Re-offending in ended is contrary to patient subjection The physicall act of taking away of the liâ—â— makeâ—h not homâ—cide We have a greater dominion over our goods and members mutilation excepted then over our life Populo quidem hoc casu resistendi actuendi se ab injuâ—ia potestas competir sed tuendise tantum non autem â—â—inâ—ipem inâ—…di resisâ—endâ— injuriae illaâ—ae nâ—n reâ—â—dendi a deâ—â—ra reverenâ—ia non vim pâ—…am uâ—â—isâ—… 〈…〉 â—â—â— Defenâ—â—ve warres cannot be without offending D. Ferne acknowledgeth violent resisting to be lawfull but not defensive warres Defensive wars are offensive only by accidâ—nt There is â—o holding of an arâ—ies hands or warding of stroakes â—ut by â—ffensive wars conjoyned by accidâ—nt with defensive wars Flying is resistance Self-defence naturall D. Ferne alloweth the resistance of denying of Tribute to a tyranous Prince Apologies Supplications Flight taking of Armes lawfull in self-defence Violent re-offending in self-defence the last remedy Simmons Loyâ—ll Subjects belees Re-offending comparatively that I kill ere I be killed in the court of necessity lawâ—ull The â—leeing of a Church or nation not a mean of self-defence alway possible and so not required of God A self defence remote and a self-defence nâ—ere hand When David had Saul in his hand he was in a case of actuall self-defence Saul being in a habituall unjust pursuit The Protestants of the three kingdoms not in the case that David was in when he came armed upon King Saul sleeping So D. Ferne. The law of universall and particular nature warranteth self-defence This or that King not the adequat head of the community Fxod 32. Rom. 9. The love of our selfe the rule and measure of our love to our neighbour We are to love our brethrens salvation aobve our lâ—fe not their life aâ—ove our owne How many wayes a man may preferre the safety of his owne life to the safety of his brother Self defence common to man with beasts Takeing of armes in the law is a soveraigne ground of a dâ—fensive postuâ—e Offensive and defensive wars differ in the event and intentions of men but not physically A where may not sell her own body for hire Covar to 1. par 2. â— 1. de furti rapi restituti §. 2. n. 1. The lawfulness of violent resistance of Kings cleare from Scripture proofes Symmons Loyall subject § 10. pag 31. Davids not invading Saul and his men a case far contrary to the condition of England and Scotland now It is not lawfull to kill the King as Jesuits teach D. Ferne his resolving of conscience Sect. 2. Arnisaeus de authorit prinâ— c. 2. n. 15. Davids example not extraordinary Elisha's fact proveth the lawfulnesse of defensive wars Elisha by no extraordinary spirit resisted Joram Loyall subjects beliefe Resistance made to King Vzziah proveth the same Vaâ—ib Deturba â—nt eum ex illo lâ—co compulsusque ut egâ—â—de etur inâ—â— â—â— Fâ—â—â—inanter eg â—dâ— eum coeâ—eâ—unt hoc est extruserunt eum 1 Sam. 14. The peoples resisting of Saul in rescuing Jonathan unjustly condemned to die saith that the Estates of the two Kingdomes may swear and covenant to rescue thousands of innocents from the unjust sword of cuâ—throats of Ireland Papists in England Chald. Par. Manifestum est quod Jonathan peccavit perignorantiam P. Mart. saith with a doubt Si ista seditiose fecerunt nullo modo excusari possunâ— Yea he saith they might suffragiis with their suffrages free him Jun. The people opposed a just oath to Sauls hypocriticall oath Osiander and Borhaius justifie the people P. Mar. Com. in 2 Reg. c. 8. saith Libnah revoltrd Quia subditos nitebatur cogere ad Idololatriam quod ipsi libnenses pati noluerunt merito principibus enim parendum est verum usque ad aras The King would compell them to Idolatry and they justly râ—volt d. Vatab. in noâ— Impulit Judaeos ad Idololatriam alioqui â—am pronos ad cultum Idololorum The Citie of Abels revolting a proof for the lawfulnesse of resistance The place Rom. 13. discussed The King onely is not understood in the Text. The King is principally understood in the Text Rom. 13. in regard of dignity but not only in regard of â—ssance Onely Nero cannot be understood Rom. 13. â— Vatab. Homines intelligit publica authoritatepâ—aeditus The P. Prelats poore reasons restraining the Text to Kings answered Prelat Sac. Sanct. maj c. 2. pag. 29. P. Martyr Varia sunt potestatum gâ—nera regna Aristocâ—atica Politica Tyrannica Oligaâ—chica Deus etiam illorum author Willet saith the same and so Beza so Tolet. Haymo Reasons against the lawfulnesse of resistance made to unjust violence answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Herod l. 7. de Xerxe Vulgar version and Lyra turn 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Apostate Luk. 15. 32. Prelat Sac. sanc maj c. 5. n. 6. The objection that Goâ—s Prophets never rebuked non-resistance as a murtherous omission and that Gods people in Scripture never practâ—sâ—d resistancâ— aâ—d God nâ—vâ—r commanded it fâ—lly â—nswâ—red Nota. Rivet in Dâ—cal in mand 6. pag. 234. Sheweth the reasons why Christ condemned Peter not because he thought self defence unlawfull but 1. it had a kind of revenge in it for so few could not repel such an army
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 have a sole and peremptory power of exponing Lawes and the Word of God We are to consider that there 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 judicandi 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 King Deut. 1. 17. 2 Chron. 19. 6. L 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 Suppoâ—e 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 to other inferiour Iudges Be wise understand and the cause that you know not search out then the King is not the only interpreter of the Law But the Lord saith not to the King only but to other Iudges also Be wise understand and the cause that you know not search out ergo the King is not the sole Law-giver The Major is cleare from Ps 2. 10. Be wise now therefore O yee Kings be instructed yee Iudges of the earth So are commands and rebukes for unjust judgement given to others then to Kings Ps 82. 1 2 3 4 5. Ps 58. 1 2. Esay 1. 17 23 25 26. Esay 3. 14. see Iob. 29. 12 13 14 15. c. 31. v. 21. 22. 3 The King is either the sole interpreter of Law in respect he is to follow the Law as his Rule and so he is a ministeriall interpreter of the Law or he is an interpreter of the Law according to that super-dominion of absolute power that he hath above the Law If the former be holden then it is cleare that the King is not the only interpreter for all Iudges as they are Iudges have a ministeriall power to expone the Law by the Law but the second is the sense of Royalists Hence our second Assertion is That the Kings power of exponing the Law is a meere ministeriall power and he hath no dominion of any absolute Royall Power to expone the Law as he will and to put such a sense and meaning of the Law as he pleaseth 1. Because Saul maketh a Law 1 Sam. 14. 24. Cursed be the man that tasteth any food till night that the King may be avenged on his enemies the Law according to the letter was bloudy but according to the intent of the Law-giver and substance of the Law profitable for the end was that the enemies should be persued with all speed But King Sauls exponing the Law after a Tyrannicall way against the intent of the Law which is the Diamond and Pearle of all Lawes the safety of the innocent people was justly resisted by the people who violently hindered innocent Jonathan to be killed Whence it is cleare that the people and Princes put on the Law its true sense and meaning for Ionathans tasting of a little honey though as it was against that sinfull and precipitate circumstance a rash oath yet it was not against the substance and true intent of the Law which was the peoples speedy pursuite of the enemy Whence it is cleare that the people including the Princes hath a ministeriall power to expone the Law aright and according to its genuine intent and that the King as King hath no absolute power to expone the Law as he pleaseth 2. The Kings absolute pleasure can no more be the genuine sense of a just Law then his absolute pleasure can be a Law because the genuine sense of the Law is the Law it selfe as the formall essence of a thing differeth not really but in respect of reason from the thing it selfe The Pope and Romish Church cannot put on the Scripture Ex plenitudine potestatis what ever meaning they will no more then they can out of absolute power make Canonicke Scripture Now so it is that the King by his absolute power cannot make