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
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
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-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-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
way should oppose us in helping which blessed be the Lord the honourable houses of the Parliament of England hath not done though Malignant spirits tempted them to such a course what in that case we should owe to the afflicted members of Christs body is a case may be determined easily The fift and last opinion is of those who think if the King command Papists and Prelates to rise against the Parliament and our dear brethren in England in warres that we are obliged in conscience and by our oath and covenant to help our native Prince against them to which opinion with hands and feet I should accord if our Kings cause were just and lawfull but from this it followeth that we must thus far judge of the cause as concerneth our consciences in the matter of our necessary duty leaving the judiciall cognizance to the honourable Parliament of England But because I cannot returne to all these opinions particularly I see no reason but the Civil Law of a Kingdom doth oblige any Citizen to help an innocent man against a murthering robber that he may be judicially accused as a murtherer who faileth in his duty that Solon said well beatam remp esse illam in quâ quisque injuriam alterius suam estimet It is a blessed society in which every man is to repute an injury done against a brother 〈…〉 injury done against himself As the Egyptians had a good law by which he was accused upon his head who helped not one that suffered wrong and if he was not able to help he was holden to accuse the injurer if not his punishment was whips or three dayes hunger it may be upon this ground it was that Moses flew the Egyptian Ambrose commendeth him for so doing Assert We are obliged by many bands to expose our lives goods children c. in this cause of religion and of the unjust oppression of enemies for the safety and defence of our deare brethren and true religion in England 1. Prov. 24. 11. If thou forbear to deliver them that are drawn to death 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taken as captives to be killed and those that are ready to be slaine 12. If thou say behold we know it not doth not he that pondereth the heart consider it and he that keepeth thy soul doth he not know it and shall he not render to every man according to his work Master Iermin on the place is too narrow who commenting on the place restricteth all to these two that the priest should deliver by interceding for the innocent and the King by pardoning only But 1. to deliver is a word of violence as 1 Sam. 30. 18. David by the sword rescued his wives Hos 5 14. I will take away and none shall rescue 1 Sam. 17. 35. I rescued the lambs out of his mouth out of the Lyons mouth which behoved to be done with great violence 2 King 18. 34. They have not delivered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Samaria out of my hand So Cornel. à Lapide Charitas suadâ—â— ut vi armis eruamus injuste ductos ad mortem Ambros lib. 1. offic c. 36. citeth this same text and commendeth Moses who killed the Egyptian in defending a Hebrew man 2. It is an act of Charity and so to be done though the judge forbid it when the innocent is unjustly put to death Object But in so doing private men may offer violence to the lawfull magistrate when he unjustly putteth an innocent man to death and rescue him out of the hands of the magistrate and this were to bring in anarchy and confusion for if it be an act of charity to deliver the innocent out of the hand of the Magistrate it is homicide to a private man not to do it for our obedience to the law of nature tyeth us absolutely though the Magistrate forbid these acts for it is known that I must obey God rather then man Answ The law of nature tyeth us to obedience in acts of charity yet not to performe these acts after any way and manner in a meere naturall way impetu naturae but I am to performe acts of naturall charity in a rationall and prudent way and in looking to Gods law else if my brother or father were justly condemned to die I might violently deliver him out of the Magistrates hand but by the contrary my hand should be first on him without naturall compassion As if my brother or my wife have been a blasphemer of God Deut. 13. 6 7 8. and therefore am I to do acts naturall as a wise man observing as Solomon saith Eccles 8. 5. both time and judgement Now it were no wisdom for one private man to hazard his own life by attempting to rescue an innocent brother because he hath not strength to do it and the law of nature obligeth me not to acts of charity when I in all reason see them unpossible but a multitude who had strength did well to rescue innocent Ionathan out of the hands of the King that he should not be put to death yet one man was not tyed by the law of nature to rescue Ionathan if the King and Prince had condemned him though unjustly 2. The hoast of men that helped David against King Saul 1 Sam. 22. 2. entered in a lawfull war and 1 Chron. 12. 18. Amasa by the spirit of the Lord blesseth his helpers peace peace be unto thee and peace be to thy helpers for thy God helpeth the. Ergo Peace must be to the Parliament of England and to their helpers their brethren of Scotland 3. Numb 32. 1. 2. 3. 16. 17. 18. 19. Iosh 1. 12. 13. 14. The children of Gad and of Reuben and the half tribe of Manasseh though their inheritance fell to be in this side of Iordan yet they were to goe over the river armed to fight for their brethren while they had also possession of the land at the commandement of Moses and Joshua 4. So Saul and Israel helped the men of Iabesh Gilead conjoyned in blood with them against Nahash the Ammonite and his unjust conditions in plucking out their right eyes 1 Sam. 11. 5. Iephtha Iudg. 12. 2. justly rebuketh the men of Ephraim because they would not help him and his people against the Ammonites 6. If the communion of Saints be any bound that England and we have one Lord one faith one Baptisme one head and Saviour Iesus Christ then are we obliged to help our bleeding sister Church against these same common enemies Papists and Prelates but the former is undenyably true for 1. We send help to the Rotchel if there had not been a secret betraying of our brethren we send help to the recovery of the Palatinate and the aide of the confederat Princes against Babels strength and power and that lawfully but we did it at great leisure and coldly Q. Elizabeth helped Holland against the King of Spain And beside the union in Religion 1. We sayle in one
farre lesse can he lawfully sell men and give away a whole Kingdome to the hurt of his successours for that were to make merchandize of the living Temples of the Holy Ghost And Arnisaus de authorit Princip c. 3. n. 7. saith Servitude is praeter naturam beside nature he might have said contrary to nature l. 5. de stat homin Sect. 2. Iust de jur perso c. 3. Novel 89. but the subjection of subjects is so consonant to nature that it is seen in Bees and Cranes Therefore a dominion is defined a facultie of using of things to what uses you will Now a man hath not this way an absolute dominion over his beasts to dispose of them at his will for a good man hath mercy on the life of his beast Prov. 12. 10. nor hath he dominion over his goods to use them as he will because he may not use them to the dammage of the Commonwealth he may not use them to the dishonour of God and so God and the Magistrate hath laid some bound on his dominion And because the King being made a King leaveth not off to be a reasonable creature he must be under a Law and so his will and lust cannot be the rule of his power and dominion but law and reason must regulate him Now if God had given to the King a dominion over men as reasonable creatures his power and dominion which by Royalists is conceived to be above Law should be a rule to men as reasonable men which would make men under Kings no better then bruit beasts for then should subjects exercise acts of reason not because good and honest but because their Prince commandeth them so to doe and if this cannot be said none can be at the disposing of Kings in politick acts liable to Royall government that way that the slave is in his actions under the dominion of his master The Prelate objecteth out of Spalato Arnisaeus and Hug. Grotius for in his booke there is not one line which is his own except his raylings 1. All government and superioritie in Rulers is not primely and only for the Subjects good for some are by God and Nature appointed for the mutuall and inseperable good of the superiour and inferiour as in the government of husband and wife or father and sonne and in herili dominio in the government of a Lord and his servant the good and benefit of the servant is but secondary and consecutively intended it is not the principall end but the externall and adventâ—tious as the gaine that commeth to a Physitian is not the proper and internall end of his art but followeth only from his practice of Medicine Ans The Prelates logick tendeth to this some government tendeth to the mutuall good of the superior and inferior but Royall Government is some government ergo nothing followeth from a major proposition Ex particulari affirmante in prima figura Or of two particular propositions 2. If it be thus formed every maritall government and every government of the Lord and servant is for the mutuall good of the superiour and inferiour But Royall Government is such ergo c. the assumption is false and cannot be proved as I shall anon cleare 2. Obj. Solomon disposed of Cabul and gave it to Hiram ergo a conquered Kingdome is for the good of the conquerour especially Ans Solomons speciall giving away some Titles to the King of Tyre being a speciall fact of a Prophet as well as a King cannot warrant the King of England to sell England to a forraine Prince because William made England his owne by conquest which also is a most false supposition and this he stole from Hugo Grotius who condemneth selling of Kingdomes 3 Object A man may render himselfe totally under the power of a Master without any conditions and why may not the body of a people doe the like even to have peace and safety surrender themselves fully to the power of a King A lord of great Mannours may admit no man to live in his Lands but upon a condition of a full surrender of him and his posterity to that lord Tacitus sheweth us it was so anciently amongst the Germans and the Campanians surrendered themselves fully to the Romans Answ What compelled people may do to redeem their lives with losse of liberty is nothing to the point such a violent Conquerour who will be a father and a husband to a people against their will is not their lawfull King and that they may sell the liberty of their posteritie not yet born is utterly denied as unlawfull yea a violentated father to me is a father and not a father and the posteritie may vindicate their own liberty given away unjustly before they were born Qua omne regnum vi partum potest vi dissolvi Object 4. But saith Doct. Fern these which are ours and given awaâ— to another in which there redoundeth to God by donation a speciall interest as in things devoted to holy uses though after they be abused yet we cannot recall them Ergo If the people be once forced to give away their liberty they cannot recall it far lesse if they willingly resign it to their Prince Answ This is not true when the power is given for the conservation of the Kingdom and is abused for the destruction thereof for a power to destruction was never given nor can it by rationall nature be given 2. Mortifications given to religious uses by a positive law may be recalled by a more divine and stronger law of nature such as is this I will have mercy and not sacrifice Suppose David of his own proper heritage had given the Shew-bread to the Priests yet when David and his men are famishing he may take it back from them against their will Suppose Christ man had bought the Corns and dedicated them to the Altar yet might he and his Disciples eat the Ears of Corn in their hunger The vessels of silver dedicated to the Church may be taken and bestowed on wounded Souldiers 2. A people free may not and ought not totally surrender their liberty to a Prince confiding on his goodnesse 1. Because liberty is a condition of nature that all men are born with and they are not to give it away no not to a King except in part and for the better that they may have peace and justice for it which is better for them hic nunc 2. If a people trusting in the goodnesse of their Prince inslave themselves to him and he shall after turn Tyrant a rash and temerarious surrender obligeth not Et ignorantia facit factum quasi involuntarium Ignorance maketh the fact some way unvoluntary for if the people had beleeved that a meek King would have turned a rouring Lyon they should not have resigned their liberty into his hand and therefore the surrender was tacitely conditionall to the King as meek or whom they beleeved to be meek and not to a
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
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
Parliament 4. He dâ—clared both Kingdoms Rebels 5. Attempted in his Emissaries to destroy the Parliament 6. And to bring in a forraigne enemie And the Law saith An imminent danger which is a sufficient warrant to take up Armes is not strokes but either the terrour of Armour or threatning Glossator in d. l. 1. C. Vinde vi ait non esse verbera expectanda sed vel terrorem armorum sufficere vel minas hoc esse imminâ—ns periculum L. Sed si quemcunque in princ ff ad leg Aquil. l. 3. quod qui armati ff de vi vi armata is qui aggressorem C. adlegem C. adlegem Corneli In most hainous sinnes conatus the endeavour and aime etiamsi effectus non sequatur puniridebet is punishable Bartoln in l. Si quis non dicam rapere The King hath aimed at the destruction of his Subjects through the power of wicked counsellors and we are to consider not the intenton of the workes but the nature and intention of the work Papists are in armes their religion the Conspiracy of Trent their conscience if they have any their malice against the convenant of Scotland which abjureth their Religion to the full their ceremonies their Prelates lead and necessitate them to root out the name of Protestant Religion yea and to stab a King who is a Protestant Nor is our King remaining a Protestant and adhering to his oath made at his Coronation in both kingdomes Lord of his own person master of himself nor able as King to be a King over Protestant subjects if the Papists now in armes under his standard shall prevail The King hath been compelled to go against his own oath and the Lawes which he did swear to maintaine The Pope sendeth to his popish armies both dispensations bulls mandats incouragements The King hath made a cessation with the bloody Irish and hath put arms in the hands of Papists Now he being under the oath of God tied to maintain the Protestant Religion he hath a metaphysically subtle pearcing faith of miracles who beleeveth armed Papists and Prelates shall defend Protestants their Religion and these who have abjured Prelats as the lawful sons of the Pope that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and as the law saith Quilibet in dubio praesumitur bonus L. merito praesumi L. non omnes § à Barbaris de re milit Charity beleeveth not ill So Charity is not a foole to beleeve all things So saith the Law Semel malus semper praesumitur malus in eodem genere C. semel malus de jure gentium in 6. Once wicked is alwayes wicked in that kind Marius Salamonius I. C. in L. ut vim at que injuriam ff de just jure We are not to wait on strokes the terrour of armour omnium consensu by consent of all is sufficient n. 3. If I see saith he the enemy take an arrow out of the Quiver before he bend the bow it is lawfull to prevent him with a blow cunctatio est periculosa The Kings comming with armed men to demand the Five Members into the House of Commons is very symbolicall and Warre was printed on that fact he that runneth may reade His comming to Hull with an Armie saith not he had no errand there but aske what it was in the clock See Novellus that learned Venetian Lawyer in a Treatise for defence he maketh continuatam rixam a continued upbraiding a sufficient ground of violent defence He citeth Doctores Comniter in L. ut vim ff de just jure Yea he saith Drunkennesse defens n. 44. Error n. 46. Madnesse n. 49 50. Ignorance n. 51. 52. Impudence n. 54. Necessity n. 56. Lasciviousnesse 58. Continuall reproaches 59. The fervour of anger 64. Threatning 66. Feare of imminent danger 67. Iust grief doe excuse a man from homicide and that in these he ought to be more mildly punished Quia obnubilatum mancum est consilium Reason in these being lame and clogged Ambros l. 1. offic Quinon repellit injuriam à socio cum potest tam est in vitio quam ille qui facit And as Nature so the Law saith When the losses are such as can never be repaired as Death Mutilation lesse of Chastity Quoniam facta infecta fieri nequeunt things of that kinde once done can never be undone we are to prevent the enemy l. Zonat. tract defens par 3. l. in bello § factae de capit notat Gloss in l. si quis provocatione If the King send an Irish Rebell to cast me over a bridge and drowne me in a water I am not to do nothing while the Kings emissary first cast me over and then in the next room I am to defend my self but nature and the law of self-defence warranteth me if I know certainly his ayme to horse him first over the bridge and then consult how to defend my selfe at my own leasure Royalists object that David in his defence never invaded and persecuted Saul yea when he came upon Saul and his men sleeping hee would not kill any but the Scottish and Parliaments Forces not onely defend but invade offend kill and plunder and this is cleerely an offensive not a defensive warre Answ There is no defensive warre different in spece and nature from an offensive warre if we speake physically they differ onely in the event and intention of the heart and it is most cleare that the affection and intention doth make one and the same action of taking away the life either homicide or no homicide If a man out of hatred deliberately take away his brothers life he is a murtherer eatenus but if that same man had taken away that same brothers life by the flying off of an Axe head off the staffe while he was hewing timber he neither hating him before nor intending to hurt his brother he is no murtherer by Gods expresse Law Deut. 4. 42. Deut. 19 4. Ioshua 20. 5. 2. The cause betweene the King and the two Parliaments and betweene Saul and David are so different in this as it is much for us Royalists say David might if he had seene offending to conduce for selfe-preservation have invaded Sauls men and say they the case was extraordinary and bindeth not us to selfe-defence and thus they must say for offensive weapons such as Goliahs sword and an hoast of armed men cannot by any rationall men be assumed and David had the wisdome of God but to offend if providence should so dispose and so what was lawfull to David is lawfull to us in self-defence he might offend lawfully and so may we 2. If Saul and the Philistims ayming as under an oath to set up Dagon in the land of Israel should invade David and the Princes and Elders of Israel who made him King and if David with an hoast of armed men he and the Princes of Israel should come in that case upon Saul and the Philistims sleeping if in that case David might not lawfully
Government over the then Emperors that of Subjects had made them Lords might not resist their Emperours much lesse can the people of England have power of resistance against the succession of this Crowne descending from the Conqueror who by force of Armes but in justice conquered the Kingdom Answ 1. Though the Roman Emperours were absolute of which I much doubt and though the Senate had made them absolute I deny that therefore they cannot be resisted The unlawfull resistance condemned by Paul Rom. 13. is not upon the ground of Absolutenesse which is in the Court of God nothing being never ordained of God but upon reasons of conscience bâ—cause the powers are of God and ordained of God But some may say Volenti non fit injuria If a people totally resigne their power and swear non-resistance to a Conqueror by compact they cannot resist I answer neither doth this follow because it is an unlawfull compact and none is obliged to what is unlawfull For 1. it is no more lawfull for me to resigne to another my power of naturall self-defence then I can resigne my power to defend the innocent drawne to â—eath and the wives children and posterity that God hath tyed me unto 2. The people can no more resigne power of self-defence which Nature hath given them then they can be guilty of self-murther and be wanting in the lawfull defence of Kingdome and Religion 3. Though you make one their King with absolutenesse of power yet when he use that transcendent power not for the safety but for the destruction of the State it is knowne they could not resigne to another that power which neither God nor nature gave them to wit a power to destroy themselves 2. I much doubt if the Roman Emperour was absolute when Paul wrote this Iustinian saith so Digest l. 2. tit 2. but he is partiall in this cause Bodine de repub l. 2. c. 5. pag. 221. proveth that the Roman Emperours were but Princes of the Common-wealth and that the Soveraignty remained still in the Senate and people Marius Salamon writeth sixe Books De Principatu on the contrary How could they make theâ—r Emperours absolute Livie saith The name of a King was contrary to a Senate liberty Florus Nomen Regis invidiosum They instituted a yearly Feast February 23. called Regifugium Ciccro as Augustine observeth Regem Romae post haec nec Dii nec homines esse patiantur The Emperours might doe something de facto but Lex Regia was not before Vespasians time Augustus took on him to be Tribune of the people from ten yeares to tâ—n Suetonius and Tacitus say The succeeding Kings encroached by degrees upon the peoples liberty For speedier execution of Law the Kings in time of Warre were forced to doe many things without the Senate and after the reigne of Emperours though there were no Plebescita yet there were Senatusconsulta and one great one is that the Senate declard Nero to be an enemie to the State It is thought Iulius Caesar in the warre against Pompey subdued the Romans and the Senate and they were subdued againe in the battaile of Octavius against Cassius and Brutus But Tacitus saith that was de facto not de jure Anal. l. 1. s 2. Rome ruere in servitium Consules Patres Eques Caligula intended to assume Diadema the Ensigne of a King but his friends disswaded him 3. England is obliged to D. Ferne who maketh them a subdued Nation The contrary of which is known to the world Obj. M. Simmons Loyall Subj Beliefe sect 6. pag. 19. God is not honoured by being resisted no more is the King Answ I deny the consequence Those who resist the Kings personall will and will not suffer him to ruine his Crowne and posterity in following Papists against his Oath at the Coronation do honour him and his Throne and Race as a King though for the time they displease him 2. Vzziah was not dishonoured in that he was resisted 3. Nor doe we honour the King when we flee from him and his Law Yet that resistance is lawfull according to the way of Royalists and in truth also Object 12. Supreme power is not to be resisted by subordinate powers because they are inferiour to the supreme Answ The bloody Irish Rebels then being inferiour to the Parliament cannot resist the Parliament 2. Inferiour Judges as Judges are immediately subordinate to God as the King and must be guilty of blood before God if they use nor the sword against bloody Cavalliers and Irish cut-throats except you say inferiour Judges are not obliged to execute judgement but at the Kings commandment Object As the Irish Rebels are armed with the Kings power they are superiour to the Parliament Answ So an Armie of Turks and Spaniards armed with the Kings power and comming against the two Kingdomes at the Kings commandement though they be but Lictors in a lawlâ—sse cause are superiour to the highest Courts of Parliament in the two Kingdomes But the King and the Law gave power to the Parliament first to resist Rebels now he giveth power to Rebels to resist the Parliament here must be contradictory wils and contradictory powers in the King Which of them is the Kings will and his power the former is legall and Parliamentary Then because Law is not contrary to Law the latter cannot be legall also nor can it be from God and to resist it then is not to resist God Object 13. If resistance bee restrained to legall commandements What shall we say to these arguments that Paul forbiddeth resistance under these tyrannous governours and that from the end of their government which is for good and which their subjects did in some sort enjoy under them Answ 1. This proveth nothing but that we are to cooperate with these governours though tyrannous by subjecting to their Laws so farre as they come up to this end the morall good and peace of their government but Paul no where commandeth absolute subjection to tyrannous governours in tyrannous acts which is still the question Object 14. Hee that hath the supreme trust next to God should have the greatest security to his person and power but if resistance be lawfull he hath a poore security Answ He that hath the greatest trust should have the greatest security to his person and power in the keeping his power and using it according to his trust for its owne native end for justice peace and godlinesse God alloweth security to no man nor that his Angelâ— shall guard them but onely when they are in their wayes and the service of God else There is no peace to the wicked 2. It is denyed that one man having the greatest trust should have the greatest security the Church and people of God for whose safety he hath the trust as a meanes for the end should have a greater security the City ought to have greater security then the watchers the Armie then the leaders The good Shepherd giveth his life for his
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
primarily and naturally in the multitude from it derived to the King immediatly from God The reason of which order is because we cannot reape the fruites of government unlesse by compact we submit to some possible and accidentall inconveniences Ans 1. Who speaketh so the P. Prelate cannot name That Soveraigne power is primarily and naturally in the multitude Vertually it may be Soveraignty is in the multitude but primarily and naturally as heat is in the fire light in the Sun I thinke the P. Prelate dreamed it no man said it but himselfe for what attribute is naturally in a Subject I conceive may directly and naturally be predicated thereof Now the P. Prelate hath taught us of a very naturall predication Our Dreadful and Soveraign Lord the multitude commandeth this and this 2. This is no more a reason for a Monarchy then for a Democracy for we can reape the fruites of no government except we submit to it 3. We must submit in Monarchy saith he to some possible and accidentall inconveniences Here be soft words but is subversion of Religion Lawes and Liberties of Church and State introducing of Popery Arminianisme of Idolatry Altar-worship the Masse proved by a learned Treatise The Canterburian selfe conviction printed the 3. edit an 1641. never answered couched under the name of inconveniency The pardoning of the innocent blood of hundreds of thousand Protestants in Ireland the killing of many thousands Nobles Barons Commons by the hands of Papists in Armes against the Law of the Land the making of England a field of blood the obtruding of an Idolatrous Service-Booke with Armies of men by Sea and Land to blocke up the Kingdome of Scotland are all these inconveniences only 4. Are they only possible and accidentall but make a Monarch absolute as the P. Prelate doth and tyranny is as necessary and as much intended by a sinfull man inclined to make a God of himselfe as it is naturall to men to sinne when they are tempted and to be drunken and giddy with honour and greatnesse witnesse the Kings of Israel and Iudah though de jure they were not absolute Is it accidentall to Nero Iulian to the ten hornes that grew out of the womans head who sate upon the scarlet colloured beast to make warre against the Lambe and his followers especially the spirit of Sathan being in them P. Prelate They inferre 1. They cannot without violation of a Divine ordinance and breach of faith resume the authority they have placed in the King 2. It were high sin to rob authority of its essentials 3. This ordinance is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and hath urgent reasons Ans 1. These namelesse Authors cannot inferre that an Oath is broken which is made conditionally all authority given by the people to the King is conditionall that he use it for the safety of the people if it be used for their distruction they breake no faith to resume it for they never made faith to give up their power to the King upon such tearmes and so they cannot be said to resume what they never gave 2. So the P. Prelate maketh power to act all the former mischiefes the essentialls of a King Balaam he is not worthy his wages for Prophecying thus that the Kings essentialls is a power of blood and destructive to people Law Religion and liberties of Church and State for otherwise we teach not that people may resume from the King Authority and power to disarme Papists to roote out the bloody Irish and in justice serve them as they have served us 3. This ordinance of the people giving lawfull power to a King for the governing of the people in peace and godlinesse is Gods good pleasure and hath just reasons and causes But that the people make over a power to one man to act all the inconveniences above named I mean the bloody and destructive inconveniences hath nothing of God or reason in it P. Prelate The reasons of this opinion are 1. If Power soveraigne were not in one he could not have strength enough to act all necessary parts and acts of government 2. Nor to prevent divisions which attend multitudes or many indowed with equall power and the Authors say They must part with their native right entirely for a greater good and to prevent greater evills 3. To resume any part of this power of which the people have totally devested themselves or to limit it is to disable Soveraignty from government loose the sinewes of all society c Ans 1. I know none for this opinion but the P. Prelate himselfe The first Reason may be made rhyme but never reason for though there be not absolute power to good and ill there may be strength of limited power in abundance in the King and sufficient for all acts of just Government and the adequate end of Government which is salus populi the safetie of the people But the Royalist will have strength to be a Tyrant and act all the Tyrannicall and bloody inconveniences of which we spake an essentiall part of the power of a King As if weaknesse were essentiall to strength and a King could not be powerfull as a King to doe good and save and protect except he had power also as a Tyrant to doe evill and to destroy and waste his people This power is weaknesse and no part of the image of the greatnesse of the King of Kings whom a King representeth 2. The second Reason condemneth Democracie and Aristocracie as unlawfull and maketh Monarchie the only Physick to cure these as if there were no Government an ordinance of God save only absolute Monarchie which indeed is no ordinance of God at all but contrary to the nature of a lawfull King Deut. 17. 3. 3. That people must part with their native right totally to make an absolute Monarch is as if the whole members of the Body would part with their whole nutritive power to cause the Milt to swell which would be the destruction of the Body 4. The people cannot divest themselves of power of defensive Warres more then they can part with Nature and put themselves in a condition inferior to a slave who if his master who hath power to sell him invade him unjustly to take away his life may oppose violence to unjust violence And the other Consequences are null QUEST XLII Whether all Christian Kings are dependent from Christ and may be called his Vicegerents THe P. Prelate taketh on him to prove the truth of this but the question is not pertinent it belongeth to another head to the Kings power in Church matters I therefore only examine what he saith and follow him P. Prelate Sectaries have found a Quere of late that Kings are Gods not Christs Lieutenants on earth Romanists and Puritans erect two Soveraignes in every State The Jesuite in the Pope the Puritan in the Presbyterie Ans We give a reason why God hath a Lieutenant as God
calleth him Aenneannus contended for the Crowne the Parliament convened to judge the matter was dissolved by tumult and Rommachus chosen King doing all Non adhibito de more consilio majorum was censured by the Parliament Fergus the 2. was created King by the States De more Constantine 43. K. a most wicked man was punished by the States Aidanus 49. K. by the counsell of Sanctus Columba governed all in peace by three Parliaments every yeare Ferchardus 52. K. and Ferchardus 2. the 54. King were both censured by Parliaments Eugenius 62. K. a wicked Prince was put to death by the Parliament Omnibus in ejus exitium consentientibus Eugenius 7. the 59. K. was judicially accused and absolved by the States of killing his Wife Spondana Donaldus the 70. K. is censured by a Parliament which convened Pro salute Reipublicae for the good of the Land So Ethus the 72. K. Ne unius culpâ regnum periret Gregorius the 73. K. sweareth to maintaine Kirk and State in their liberties the Oath is ordained to be sworne by all Kings at their Coronation The Estates complaine of Duffus 78. K. because contemning the counsell of the Nobles Sacrificulorum consiliis abduceretur and that neither the Nobility must depart the Kingdome or another King must be made Culenus the 79. King was summoned before the Estates so before him Constantine the 3. the 75. K. did by Oath resigne the Kingdome to the States and entered in a Monastery at Saint Andrewes Kenethus the 70. K. procured almost per vim saith Buchanan that the Parliament should change the elective Kings in hereditary observe the Power of Parliaments After this Grimus and then Macbethus R. 85. is rebuked for governing by private counsell in his time the King is ordained by the States to sweare to maintaine the community of the Kingdome When Maccolumbus the 92. King would have admitted a Treaty to the hurt of the Kingdome the Nobles said Non jus esse Regi the King had no right to take any thing from the Kingdome Nisi omnibus Ordinibus consentientibus In the time of Alexander the 94. K. is ordained Acta regis oporteri confirmari decreto ordinum regni quia ordinibus regni non consultis aut adversantibus nihil quod ad totius regnistatum attinet Regi agere liceret So all our Historians observe by which it is cleare that the Parliament not the King hath a negative voyce The States answer to K. Edwards Legates concerning Balzees conditions in his contest with Bruce is That these conditions were made a solo Rege by the King only without the estates of the Kingdome and therefore they did not oblige the Kingdome In Robert the Bruce his Raigne the K. 97. the succession to the Crowne is appointed by Act of Parliament and twice changed and in the League with France Quod quando de successuro rege ambigeretur apud Scotos ea controversia ab Ordinum de creto decideretur Robert the 100. K. in a Parliament at Scoone moved the States to appoint the Earle of Carick his eldest sonne of the second Mariage to the Crowne passing his children of the first Mariage and when he would have made a Treatie he was told That he could not inducias facere nisi ex sententia conventus publici he could not make Truces but with the consent of the Estates of Parliament K. James the 1. could not doe any thing in his Oath in England The Parliaments approbation of the Battell at Stirling against King Iames the 3. is set downe in the printed Acts because he had not the consent of the States To come to our first Reformation Queene Regent breaking her promise to the States said Faith of promise should not be sought from Princes the States answered That they then were not obliged to obey and suspended her government as inconsistent with the duty of Princes by the Articles of pacification at Leith Anno 1560. Iunii 16. No peace or warre can be without the States In the Parliament thereafter Anno 1560. the Nobility say frequently to the Queene Regum Scotorum limitatum esse imperium nec unquam adunius libidinem sed ad legum praescriptum nobilitatis consensum regisolitum So it is declared Parliament at Stirling 1578. and Parl. 1567 concerning Queene Mary I need not insist here K. James the 6. Anno 1567. Iul. 21. was Crowned the Earle of Morton and Humne jurarunt pro co ejus nomine in leges eum doctrinam ritus religionis quae tum docebantur publice quoad posset servaturum contrarios oppugnaturum Buch. Rer. Scot. Hist l. 18. The three Estates revoke all alienations made by the King without consent of the Parliament Parliam K. Iames 2. cap. 2. K. Iames 4 5 6. Three Parliaments of K. Iames the 2. are holden without any mention of the King as Anno 1437. Anno 1438. Anno 1440. and the 5. and 6. Act of Parl. 1440. the Estates ordaine the King to doe such and such things to ride through the country for doing of Iustice And Parl. 1. K. Iames 1. Act. 23. the Estates ordained the King to mend his money But shew any Parliament where ever the King doth prescribe Lawes to the States or censure the States In the 1. Parl. of K. Iames the 6. the Confession of Faith being ratified in Acts made by the three Estates that the Kings must sweare at their Coronation In the presence of the eternall God that they shall maintaine the true Religion right Preaching and administration of the Sacraments now received and preached within this Realme and shall abolish and gain-stand all false Religions contrary to the same and shall rule the people committed to their charge according to the will of God laudable Lawes and Constitutions of the Realme c. The 1. Parl. of K. Iames the 6. 1567. approveth the Acts Parl. 1560. conceived only in name of the States without the King and Queen who had deserted the same So saith the Act 2. 5. 4. 20. 28. And so this Parliament wanting the King and Queenes authoritie is confirmed Parl. 1572. Act. 51. K. Ia. 6. and Parl. 1581. Act. 1. and Parl. 1581. Act. 115. in which it is declared That they have been Common lawes from their first Date and all are ratified Parl. 1587. and Parl. 1592. Act. 1. and stand ratified to this day by K. Charles his Parliament An. 1633. The Act of the Assemblie 1566. commendeth that Parliament 1560. as the most lawfull and free Parliament that ever was in the Kingdome Yea even Parl. 1641. King Charles himselfe being present an Act was passed upon the occasion of the Kings illegall imprisoning of the Laird of Langtoune That the King hath no power to imprison any Member of the Parliament without consent of the Parliament Which Act to the great prejudice of the libertie of the Subject should not have been left unprinted for by what Law the King may imprison one
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