true Kings in a speciall manner reign by Christ Ergo Not by the peoples free election The P. Prelate argueth like himself By this Text a Major of a Citie by the Lord decreeth justice Ergo He is not made a Major of the Citie by the people of the Citie It followeth not 4. None of us teach that Kings reign by Gods anger We judge a King a great mercy of God to Church or State But the Text saith not By the Lord Kings and Iudges do not onely reign and decree justice but also murther Protestants by raising against them an Army of Papists And the word 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Powers doth in no Greek Author signifie irrevocable powers for Vzziah was a lawfull King and yet 2 Chron. 26. lawfully put from the throne and cut off from the house of the Lord And Interpreters on this place deny that the place is to be understood of Tyrants so the Chaldee Paraphrase turns it well Potentes virga justitiae so Lavater and Diâ—datus and Thomas saith this place doth prove That all Kings and Iudges Laws derivari a lege aeterna are derived from the eternall Law The Prelate eating his tongue for anger striveth to prove That all power and so Royall power is of God but what can he make of it we beleeve it though he say Sectaries prove by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That a man is justified by faith onely so there is no power but of God onely but feel the smell of a Iesuite it is the Sectaries doctrine That we are justified by faith onely but the Prelates and the Iesuites goe another way not by faith onely but by works also And all power is from God onely as the first Author and from no man What then Therefore men and people interpose no humane act in making this man a King and not this man It followeth And let us with the Prelate joyn Paul and Solomon together and say That Soveraigntie is from God of God by God as Gods appointment irrevocable Then shall it never follow it is unseparable from the person except you make the King a man immortall as God onely can remove the Crown it is true but God onely can put an unworthy and an excommunicated Prelate from Office and Benefice but how Doth that prove that men and the Church may not also in their place remove an unworthy Church-man when the Church following Gods Word delivereth to Satan Christ onely as head of the Church excommunicateth scandalous men Ergo The Church cannot do it and yet the Argument is as good the one way as the other for all the Churches on earth cannot make a Minister properly they but design him to the Ministery whom God hath gifted and called But shall we conclude ergo no Church on earth but God onely by an immediate action from Heaven can deprive a Minister how then durst Prelates excommunicate unmake and imprison so many Ministers in the three Kingdoms But the truth is take this one Argument from the Prelate and all that is in his Book falleth to the ground to wit Soveraigntie is from God onely A King is a creature of Gods making onely and what then Ergo Soveraigntie cannot be taken from him So God onely made Aarons house Priests 2. Solomon had no Law to depose Abiathar from the Priest-hood Possibly the Prelate will grant all the place Rom. 13. which he saith hath tortured us I refer to a fitter place it will be found to torture Court Parasites I goe on with the Prelate c. 3. Sacred Soveraignty is to be preserved and Kings are to be prayed for that we may lead a godly life 1 Tim. 3. What then 1. All in authority are to be prayed for even Parliaments by that text Pastors are to be prayed for and without them sound religion cannot well subsist 2. Is this questioned but Kings should be prayed for or are we wanting in this duty but it followeth not that all dignities to be prayed for are immediatly from God not from men Prelate Prov. 8. Solomon speaketh first of the establishment of Government before he speake of the workes of Creation ergo better not be at all as be without government And God fixed government in the person of Adam before Evah or any else came into the world and how shall government be and we enjoy the fruits of it except we preserve the Kings sacred Authority inviolable Ans Moses Gen. 1. speaketh of Creation before he speaketh of Kings and Moses speaketh Gen. 3. of Adams sins before he speakes of redemption through the blessed seed ergo better never be redeemed at all as to to be without sin 2. If God made Adam a governour before he made Evah and any of Mankind he was made a father and a husband before he had either sonne or wise Is this the Prelates Logick he may prove that two eggs on his fathers Table are three this way 3. There is no government where soveraignty is not keptinviolable It is true where there is a King soveraignty must be inviolable What then Arbitrary government is not soveraignty 4. He intimateth Aristocracy and Democracy and the power of Parliaments which maketh Kings to be nothing but Anarchie for he speaketh here of no government but Monarchy P. Prelate there is need of grace to obey the King Ps 18. 43. Ps 144. 2. It is God who subdueth the people under David 2. Rebellion against the King iâ— rebellion against God Pet. 2. 17. Prov 24. 12. Ergo Kings have a neare alliance with God Ans 1. There is much grace in Papists and Prelates then who use to write and Preach against grace 2. Lorinus your brother Iesuite will with good warrant of the texts inferre that the King may make a conquest of his own Kingdomes of Scotland and England by the sword as David subdued the Heathen 3. Arbitrary governing hath no alliance with God a rebell to God his Country and an Apostate hath no reason to terme lawfull defence against cut-throat Irish rebellion 4. There is need of much grace to obey Pastors inferiour Iudges masters Col. 3. 22 23. ergo their power is from God immediatly and no more from men then the King is created King by the people according to the way of Royalists P. Prelate God saith of Pharaoh Exo. 9. 7. I have raised thee up Elisha from God constituted the King of Syria 2 King 8. 13. Pharaoh Abimelech Hiram Hazael Hadad are no lesse honoured with the compellation of Kings then David Saul c. Ier. 29. 9. Nebuchadnezer is honoured to be called by way of excellency Gods servant which God giveth to David a King according to his owne heart and Esay 45. 1 2. Thus saith the Lord to his anoynted Cyrus and God nameth him neere a hundreth yeare before he was borne Esay 44. 28. He is my shepheard Daniel 2. 19 20. 17. 24. God giveth Kingdomes to whom he will Dan. 5. 8. and p. 37. Empires Kingdomes Royalties are not
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
say God the King of Kings who immediately maketh Kings may and doth transferre Kingdomes to whom he will and when he putteth the sword in Nebuchadnezers hand to conquer the King and Kingdome of Iudah then Zedikiah or his sonne is not King of Iudah but Nebuchadnezer is King and God being above his Law speaketh in that case his Will by conquests as before he spake his Will by birth this is all can be said Ans They answer black treason in saying so for if Ieremiah from the Lord had not commanded expresly that both the King and Kingdome of Judah should submit to the King of Babylon and serve him and pray for him as their lawfull King it had been as lawfull to them to rebell against that Tyrant as it was for them to fight against the Philistimes and the King of Ammon but if birth be the just and lawfull title in foro Dei in Gods Court and the only thing that evidenceth Gods Will without any election of the people that the first borne of such a King is their lawfull King then conquests cannot now speake a contrardictory Will of God for the question is not whether or not God giveth power to Tyrants to conquer Kingdomes from the just Heires of Kings which did raigne lawfully before their sword made an empty Throne But whether conquest now when Jeremiahs are not sent immediatly from God to command for example Britaine to submit to a violent intruder who hath expelled the lawfull Heires of the royall Line of the King of Britaine whether I say doth conquest in such a violent way speake that it is Gods revealed Will called Voluntas signi the will that is to rule us in all our Morall duties to cast off the just Heires of the blood Royall and to sweare homage to a conquerour and so as that conquerour now hath as just right as the King of Britaine had by birth This cannot be taken off by the wit of any who 1. maintaine that conquest is a lawfull title to a Crowne and 2. that royall birth without the people election speaketh Gods regulating Will in his Word that the first borne of a King is a lawfull King by birth for God now a daies doth not say the contrary of what he revealed in his Word If birth be Gods regulating Will that the Heire of the King is in Gods Court a King no act of the conquerour can anull that Word of God to us and the people may not lawfully though they were ten times subdued sweare homage and allegiance to a conquerour against the due right of birth which by Royalists Doctrine revealeth to us the plaine contradictory Will of God It is I grant often Gods Decree revealed by the event that a conquerour be on the Throne but this Will is not our rule and the people are to sweare no Oath of Allegiance contrary to Gods Voluntas signi which is his revealed Will in his Word regulating us 4. Things transferrible and communicable by birth from father to sonne are onely in Law those which Heathen call bona fortunae riches as lands houses monies and heritages and so saith the Law also These things which essentially include gifts of the mind and honour properly so called I meane honour founded on vertue as Aristotle with good reason maketh honour praeminum virtuâ—is cannot be communicated by birth from the father to the sonne for royall dignity includeth these three constituent parts essentially of which none can be communicable by birth 1. The royall faculty of governing which is a speciall gift of God above nature is from God Solomon asked it from God and had it not by generation from his father David 2. The royall honour to be set above the people because of this royall vertue is not from the wombe for then Gods spirit would not have said Blessed art thou O Land when thy King is the sonne of Nobles Eccles 10. 17. this honour springing from vertue is not borne with any man noâ— is any man borne with either the gift or honour to be a Iudge God maketh high and low not birth Nobles are borne to great estates if judging be heritage to any it is a municipall positive law I now speake in point of conscience 3. The externall lawfull title before men come to a Crowne must be Gods Will revealed by such an externall signe as by Gods appointment and warrant is to regulate our will but according to Scripture nothing regulateth our will and leadeth the people now that they cannot erre following Gods rule in making a King but the free suffrages of the States choosing a man whom they conceive God hath endued with these royall gifts required in the King whom God holdeth forth to them in his Word Deut. 17. now there be but these to regulate the people or to be a rule to any man to ascend lawfully in foro Dei in Gods Court to the Throne 1. Gods immediate designation of a man by Propheticall and Divinely inspired unction as Samuel annoynted Saul and David this we are not to expect now nor can Royalists say it 2. Conquest seeing it is an act of violence and Gods revenging Justice for the sinnes of a people cannot give in Gods Court such a just title to the Throne as the people are to submit their consciences unto except God reveale his regulating will by some immediate voice from Heaven as he commanded Iudah to submit to Nebuchadnezer as to their King by the mouth of Ieremiah now this is not a rule to us for then if the Spanish King should invade this Iland and as Nebuchadnezer did deface the Temple and instruments and meanes of Gods Worship and abolish the true worship of God it should be unlawfull to resist him after he had once conquered the Iland neither Gods Word nor the Law of nature could permit this I suppose even by grant of adversaries now no act of violence done to a people though in Gods Court they have deserved it can be a testification to us of Gods regulating Will except it have some warrant from the Law and testimony it is no rule to our conscience to acknowledge him a lawfull Magistrate whose sole law to the Throne is an act of the bloody instrument of divine wrath I meane the sword That therefore Iudah was to submit according to Gods Word to Nebuchadnezer whose conscience and best warranted calling to the Kingdome of Judah was his bloody sword even if we suppose Ieremiah had not commanded them to submit to the King of Babylon I thinke cannot be said 3. Naked birth cannot be this externall signification of Gods regulating Will to warrant the conscience of any to ascend to the Throne for the Authors of this opinion make royall birth equivalent to divine unction for David anoynted by Samuel and so anoynted by God is not King Saul remained the Lords anoynted many yeares not David even anoynted by God the peoples making him King at Hebron
threatning 4. To be a King and an absolute Master to me are contradictory a King essentially is a living Law An absolute man is a creature that they call a Tyrant and no lawfull King yet doe I not meane that any that is a King and usurpeth absolutenesse leaveth off to be a King but in so far as he is absolute he is no more a King then in so far as he is a Tyrant But further the King of England saith in a Declaration 1. The Law is the measure of the Kings Power 2. Parliaments are essentially Lord Iudges to make Lawes essentially as the King is ergo the King is not above the Law 3. Magna Charta saith the King can doe nothing but by Lawes and no obedience is due to him but by Law 4. Prescription taketh away the title of conquests Obj 3. The King not the Parliament is the Anoynted of God Ans The Parliament is as good even a Congregation of Gods Psalme 82. 1. Obj. 4. The Parliament is the Court in their Acts they say with consent of our Soveraigne Lord. Ans They say not at the Commandement and absolute pleasure of our Soveraigne Lord. 2. He is their Lord materially not as they are formally a Parliament for the King made them not a Parliament but sure I am the Parliament had power before he was King and made him King 1 Sam. 10. 17 18. Obj. 5. In an absolute Monarchy there is not a resignation of men to any will as will but to the reasonable will of the Monarch which having the law of reason to direct it is kept from injurious acts Ans If reason be a sufficient restraint and if God hath laid no other restraint upon some lawfull King yee reason Then is Migistracy a lame a needlesse ordinance of God for all Mankind hath reason to keepe themselves from injuries and so there is no need of Iudges or Kings to defend them from either doing or suffering injuries But certainly this must be admirable If God as Author of nature should make the Lyon King of all beasts the Lyon remaining a devouring beast and should ordaine by nature all the sheepe and Lambs to come and submit their corps to him by instinct of nature and to be eaten at his will and then say The nature of a beast in a Lyon is a sufficient restraint to keepe the Lyon from devouring Lambs Certainly a King being a sinfull man and having no restraint on his power but reason he may thinke it reason to allow rebells to kill drowne hang torture to death an hundred thousand Protestants men women infants in the wombe and sucking babes as is clere in Pharaoh Manasseh and other Princes Obj. 6. There is no Court or Iudge above the King ergo he is absolutely supreame Ans The Antecedent is false The Court that made the King of a private man a King is above him and here are limitations laid on him at his Coronation 2. The States of Parliament are above him to censure him 3. In case of open Tyranny though the States had not time to conveen in Parliament if he bring on his people an hoast of Spaniards or forraine Rèbells his owne conscience is above him and the conscience of the people farre more called conscientia terrae may judge him in so farre as they may rise up and defend themselves Obj. 7. Here the Prelate borrowing from Grotius Barclay Arnisaeus or it s possible he be not so farre travelled for Doct. Ferne hath the same Soveraignty weakned in Aristocracy cannot do◠its worke and is in the next place to Anarchy and confusion When Zedekiah was over Lorded by his Nobles he could neither save himselfe nor the people nor the Prophet the servant of God Ieremiah nor could David punish Ioab when he was over-awed by that power he himselfe had put in his hand To weaken the head is to distemper the whole body if any good Prince or his Royall Antecessors be cheated of their sacred right by fraud or force he may at his fittest opportunity resume it What a sinne is it to rob God or the King of their due Ans Aristocracy is no lesse an ordinance of God then Royalty for Rom. 13. 1. and 1 Tim. 2. 1. All in Authority are to be acknowledged as Gods Vice-gerents the Senate the Consuls as well as the Emperour And so one ordinance of God cannot weaken another nor can any but by a lawlesse Animall say Aristocracy bordereth with confusion but he must say Order and Light are sister Germanes to confusion and darknesse 2 Though Zedekiah a man voyd of God were over-awed with his Nobles and so could not help Ieremiah it followeth not that because Kings may not do this and this good therefore they are to be invested with power to doe all ill if they doe all the good that they have power to doe they 'l finde way to helpe the oppressed Jeremiahes and because power to doe both good and evill is given by the Divell to our Scottish Witches it s a poore consequent that the States should give to the King power absolute to be a Tyrant 3. A State must give a King more power then ordinary especially to execute Laws which requireth singular wisdom when a Prince cannot alwayes have his great Councell about with him to advise him But 1. That is power borrowed and by loan and not properly his own and therefore it is no sacriledge in the States to resume what the King hath by a fiduciary Title and borrowed from them 2. This power was given to do good not evill David had power over Joab to punish him for his murther but he executed it not upon carnall fears and abused his power to kill innocent Vriah which power neither God nor the States gave him But how proveth he the States took power from David or that Ioab took power from David to put to death a murtherer that I see not 3. If Princes power to do good be taken from them they may resume it when God giveth opportunity But this is to the Prelate Perjury that the people by Oath give away their power to their King and resume it when he abuseth it to Tyranny But it is no perjurie in the King to resume a taken away power which if it be his own is yet lis sub judice a great controversie Quod in Cajo licet in Nevio non licet So he teacheth the King That Perjurie and Sacriledge is lawfull to him If Princes power to do ill and cut the whole Land off as one neck which was the wicked desire of Caligula be taken from them by the States I am sure 1. This power was never theirs and never the peoples and you cannot take the Princes power from him which was never his power 2. I am also sure the Prince should never resume an unjust power though he were cheated of it P. Prelate It is a poor shift to acknowledge no more for the
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
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