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A87529 God and the King: or, The divine constitution of the supreme magistrate; especially in the kingdome of England: against all popular pretenders whomsoever. Published for the satisfaction of the weake: being a private discourse of a reverend judge, with some commanders of the Army, for their satisfaction, by their desire. Jenkins, David, 1582-1663. 1649 (1649) Wing J591; Thomason E550_2; ESTC R24407 4,406 8

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GOD and the KING OR THE DIVINE CONSTITUTION OF THE SVPREME MAGISTRATE ESPECIALLY In the Kingdome of ENGLAND Against all popular Pretenders whomsoever by Judge Jenkins Published for the satisfaction of the weake Being a private Discourse of a Reverend Judge with some Commanders of the Army for their satisfaction by their desire DAN 2.37 The God of heaven hath given thee a Kingdome and Power Printed in the Yeare 1649. TO THE READER IN this Argument the best and safest Ground for thy Judgment and Conscience is the Word of God with the Law of the Land And from both these the Divine origen and Supremacie of the King of England is declared and confirmed to thee As thou art English or Christian thou canst not expect more then Scripture and Law for thy satisfaction And if thou acquiesce not in these I shall not care to satisfie thee And for all thy professions of Godliness and Honesty thou shalt be to me as an Heathen and Libertine GOD and the KING c. GOd hath a Naturall Dominion over Gods Dominion Naturall and Vniversal and the Universall Government of the whole world Zach. 4.14 Psal 97.1.99.1.94.1 2. The Supreme Magistrate whosoever The Supreme Magistrate hath his power from God and wheresoever hath his Power by way of Commission from God I have said ye are Gods Psal 82.6 John 10.34 And they are called Gods saith M. Perkins because they partake of his Power in their Authority Psal 95.3 1 Tim. 6.15 and of his Glory in their Majesty The utmost of the Magistrates Power The utmost of the Magistrates Power is the Power of the Sword Rom. 13.4 i. e. The Power of Life and Death for the more effectuall suppressing of Vice and Punishing and Restraining of Sinne. And with this power is he armed by God say the Assembly of Divines in their confession of Faith Chap. of the Civill Magistrates Nor can the People confer this Power on him Because 1. The People cannot confer this power As Men They have not Power over their own much lesse over one anothers Lives All and every of them being under the Commandment Non occides Thou shalt not Kill 2. As Christians They must not resist evill Mat. 5.39 nor revenge themselves Psal 94.1 2. Rom. 12.39 For it is written Vengeance is mine I will repay saith the Lord And he maketh the Magistrate his Minister a Revenger to execute wrath upon him that doth evill Rom. 13.4 And in this case the People can ordaine outward Formes onely of Offices and Judicatories without Divine Authority or Power God constitutes the Supreame Magistrate in every Kingdom and State And so their seeming Legall Proceedings and executions of Justice are indeed nothing else but Reall and Revengfull Murders And as God conferreth the Power so doth he Constitute the Governour in every Kingdome and State He removeth Kings and setteth up Kings Dan. 2.21 He ruleth in the Kingdome of Men and giveth it to whomsoever he will Dan. 4.17.25.32 God gave order to Samuel to Anoint first Saul 1 Sam. 9.15 How he made Saul and David Kings then David King 1 Sam. 16 12. And afterwards he setled the Kingdome in Davids Family 2 Sam. 7.11.12 And God tels us by S. Paul Luke 12.11.2 Chron. 9. ● That the higher Power is his Ordinance Rom. 13.1.2 And his Minister Ver. 4. Ordain'd and Constituted his Lieftenant to Rule and Governe by him and for him And at this day he Constituteth them in some places How God makes Kings at this day by the Peoples election and with us by Hereditary succession Jam. 1.1 But howsoever Constituted the Supreme Magistrate is Gods Ordinance and he that Resisteth him resisteth the Ordinance of God and they that Resist shall receive to themselves Damnation Rom. 13.2 Now the great Question and onely doubt to be Resolved is Whether the King be the Supream Magistrate S. Pauls Character of the Supreme Magistrate applyed to the King Who with us is the Supreme Magistrate Whether the King or the Lords and Commons Assembled in Parliament I answer and prove the King to be the Supreme Magistrate that Character which S. Paul gives of him Rom. 13. The higher Power to whom ever Soul is subject Verse 1. And with us the King is that higher Power from whom all Authority and Jurisdiction is derived 1 Edw. 6. c. 2. And to whom every Subject owes Homage and faith of Member Life and earthly Honour 6 Edw. 1. Com. Sur. Little 85. The Minister of God having the power of the Sword for defence of the good and punishment of evill doers Verse 3 4. And with us the King hath full power in all cases to doe Justice to all men 24 Hen. 8. cap. 12. And the punishment of all offenders belongs to the King Mar. 1.1 And all Judges and Ministers of Justice have their power in this case by Commission from him 27 Hen. 8. c. 4. Lastly the sole power of pardoning Treasons and Felonies belongs to the King Ibid. The Person to whom Tribute is due and Customes and Fear and Honour Ver. 7. which is the King Wherefore we must needs be subject to the King not onely for wrath but also for Conscience sake Rom. 13.5 Secondly The Kings Supremacy asserted by the Laws of the Land the Kings Supremacy is asserted by the Lawes of the Land and by severall Acts of Parliament whereto the Lords and Commons themselves have assented Bracton Bracton a Learned Lawyer living in the Time of Hen. 3. tells us Every one is under the King and he under none but God alone Lib. 4. Cap. 24. Sect. 5. The Regality of the Crown of England is immediatly subject to God 16 Ric. 2. c. 5. and to none other 16 Rich. 2. c. 5. 24 Hen. 8. c. 12. 24 Hen. 8 c. 12. The Realme of England is an empire and so hath been accepted in the world Governed by one Supreame Head and King having the Dignity and Royall estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of People been bounden and owen to bear next to God a naturall and humble obedience 25 Hen. 8. c. 21. 25 Hen. 8. c. 21. The Commons acknowledge no Superiour to the King under God 1 Eliz. 1. 1 Eliz. 1. The Oath of Supremacy is framed Declaring the King to be the one Supream Governour in all Causes and over all Persons c. And the said Act is but a Declaration of the Ancient Law Cawdries Case 5. part fol. 1. And no Person in any Parliament hath a voice in the House of Commons unlesse he take this Oath 5 Eliz. 1. 1 Jac. 1. 1 Jac. 1. The Lords and Commons Assembled in Parliament tell us That in the High Court of Parliament all the Body of the Realme is either in Person or by Representation upon their own free election And they acknowledge King James to be their only Rightfull and
Lawfull King Lord and Soveraign And they submit themselves and their Posterities to His Majesty and His Royall Progeny and Posterity for ever And in this present Parliament in their Addresses to the King doe the Lords and Commons acknowledge Him their gratious Soveraigne and themselves His Majesties Subjects Now the Law makes not the Servant greater then his Master nor the Subject greater then the King for that were to subvert Order and Measure Lastly the King calls adjournes prorogues and dissolves the two Houses at pleasure therefore He is Superiour to them Though at this time the exercise of that Kingly Power be suspended by the Act of Continuation whereby neverthelesse the two Houses were inlarged in Time onely not in Power And whatsoever is pretended The power of the Lords and Commons in Parliament the Lords and Commons assembled in Parliament have in truth no more power then what the Kings Writ of Summons gives them And the Lords are summoned To Consult and Treat with the King upon matters of great Concernment touching the King the Defence of the Kingdome and Church of England And the Commons To Doe and Consent to such things as shall be ordained by Common Counsell in Parliament And this is all the Power that the Knights Citizens and Burgesses have from the Places for which they serve The Power of Magistracy is not cannot be from the People The King the Representative of God the Parliament of the People but from God And so the King the Representative of God must needs be Superiour to the Parliament the Representative of the People Thus in the Order of Government God hath the first place The Order in Government throughout the world And next under God is the Supreme Magistrate in all places of the world And in England the KING is the supreme Governour inferiour to none but God alone His Minister to protect and punish and under him the Fountaine of all Authority Power and Justice in the Kingdome To whom every one owes homage and the whole Body of the Realme a naturall and humble obedience as to their Head and faith and allegiance as to their onely rightfull and lawfull Lord and Soveraigne Now the meanes and manner whereby the KING of England obtaines the Government thereof is set forth 1 Jac. 1. where the Lords and Commons assembled in Parliament How the Crowne descends to the King being bounden thereunto both by the Lawes of God and Man doe recognize and acknowledge That immediately upon the Dissolution and Decease of Eliz. late Queen of England the Imperiall Crowne of the Realme of England and of all the Kingdomes Dominions and Rights belonging to the same did by inherent Birth right and lawfull and undoubted Succession descend and come to His most excellent Majesty as being Lineally Justly and Lawfully next and sole Heire of the Bloud Royall of this Realme And that Note by the goodnesse of God Almighty and Lawfull Right of Descent he was King of England c. And so the saying of Sir Walter Raleigh is verified with us Lib. Secund. Hist Mund. Kings are made by God and Lawes Divine and by Humane Laws onely declared to be Kings Rom. 14.4 And thereupon he observes That David thought himself accomptable onely to God To thee onely have I sinned Psal 51. Object But Parliaments have Deposed Kings and translated the Crowne from the Heire of the Bloud Royall to others The Deposers were Traytours Sol. by the Resolution of all the Judges of England Cook 2. part Instit cap. of High Treason And those that came to the Crowne by the Title of the Parliament were Vsurpers and Kings onely De facto but not De jure Nor let us owne the Practises of exorbitant Parliaments but adhere to our legall Oaths of Supremacy and Allegiance wherein we have sworne to beare faith and true Allegiance as to the Kings Highnesse so to His Heires and lawfull Successours And Him and Them to defend to the utmost of our power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Persons their Crowne and Dignity And whereas They in former times did set up Kings and not by God Hos 8.4 We have said See Junius and Tremelius upon the places we have no King what shall a King doe unto us Hos 10.3 Take all summed up in the Confession of the Church of Scotland concerning the Civill Magistrate WE confesse The Confession of the Ch of Scotland and acknowledge Empires Kingdomes Dominions and Cities to be distincted and ordained by God The powers and Authorities in the same be it of Emperours in their Empires Kings in their Realmes Dukes and Princes in their Dominions And of other Magistrates in their Citie to be Gods holy Ordinance ordained for the manifestation of his glory and for the singular profit and community of Mankind so that whosoever goeth about to take away or confound the whole state of Civill policy now long established we affirme the same men not only to be Enemies to Mankind but also wickedly to fight against Gods expressed will Feare GOD Honour the KING 1 Pet. 2.17 FINIS