Sam. 9.17 1 Sam. 10.1 we have not Saul elected and constituted king and Samuel did obeysance to him and kissed him for the honor Royall which God was to put upon him for before this propheticall unction 1 Sam. 9.22 he made him sit in the chiefe place and honored him as king when as yet Samuel was materially King and the Lords Vicegerent in Israel If then the Prelate conclude any thing from Samuel his doing reverence and obeysance to him as King it shall follow that Saul was formally King before Samuel 1 Sam. 10.1 anointed him and kissd him and that must be before he he was formally King otherwise he was in Gods appointment King before ever he saw Samuels face and it is true he ascribeth honour to him as to one appointed by God to be supreame Soveraigne for that which he should be not for that which he was as c. 9.22 he set him in the chiefest place and therefore it is false that we have Sauls election and constitution to be King 1 Sam. 10. for after that time the people are rebuked for seeking a King and that with a purpose to disswade them from it as a sinfull desire and he is chosen by Lots after that and made King after Samuels anoynting of him he was a private man and did hide himselfe amongst the stuffe v. 22.3 The Prelate if of ignorance or wilfully I know not saith the expression and phrase is the same 1 Sam. 12.13 and Ps. 2.6 which is false for 1 Sam. 12.13 it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 behold the Lord hath given you a King such is the expression Hos. 13.11 I gave them a King in my wrath but that expression is not Psal. 2.6 but this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but I have established him my King and though it were the same expression it followeth not that the people have not hand any other way in appointing Christ their head though that phrase also be in the word Hos. 1. v. 11. then by consenting and beleeving in him as King but this proveth not that the people in appointing a King hath no hand but naked approbation for the same phrase doth not expresse the same action nay the Iudges are to kisse Christ Ps. 2.12 the same way and by the same action that Samuel kissed Saul 1 Sam. 10.1 and the Idolaters kissed the calves Hos. 13.2 for the same Hebrew word is used in all the three places and yet it is certaine the first kissing is spirituall the second a kisse of honour and the third an Idolatrous kissing 4. The anoynting of Saul cannot be a leading rule to the making of all Kings to the worlds end for the P. Prelate forgetting himselfe said that onely some few as Moses Saul and David c. by extraordinary manifestation from Heaven were made Kings pa. 19.5 he saith it was not Arbitrary for the people to admit or reject Saul so designed What meaneth he it was not morally arbitrary because they were under a law Deut. 17.14 15. to make him King whom the Lord should choose That is true but was it not arbitrary to them to breake a law Physically I think he who is a professed Arminian will not side with Manicheans and Fatalists so but the P. Prelate must prove it was not Arbitrary either Morally or Physically to them not to accept Saul as their King because they had no action at all in the making of a King God did it all both by constituting and designing the King why then did God Deut. 17. give a Law to them to make such a man King not such a man if it was not in their free wil to have any action or hand in the making of a King at all but that some sonnes of Belial would not accept him as their King is expresly said 1 Sam. 10.27 and how did Israel conspire with Absolom to unking and dethronâ— David whom the Lord had made King If the Prelate meane it was not Arbitrary to them physically to reject Saul he speaketh wonders the sonnes of Belial did reject him ergo they had physicall power to doe it If he meane it was not arbitrary that is it was not lawfull to them to reject him that is true but doth it follow they had no hand nor action in making Saul King because it was not lawfull for them to make a King in a sinfull way and to refuse him whom God chose to be King then see what I inferre 1. Then they had no hand in obeying him as King because they sinne in obeying unlawfull commandements against Gods Law and so they had no hand in approving and consenting he should be King the contrary whereof the P. Prelate saith 2. So might the P. Prelate prove men are patientes and have no action in violating all the Commandements of God because it is not lawfull to them to violate any one Commandement 6 The Lord Deut. 17. vindicates this as proper and peculiar to himselfe to choose the person and to choose Saul What then ergo now the people choosing a King have no power to choose or name a man because God anoynted Saul and David by immediate manifestation of his Will to Samuel this consequence is nothing also it followeth in no wise that therefore the people made not Saul King 7. That the peoples approbation of a King is not necessary is Bellarmines and Papists saying and that the people chose their Ministers in the Apostolick Church not by a necessity of a divine Commandement but to conciliate love betwixt Pastor and people Papists hold that if the Pope make a â—â—pish King the head and King of Britaine against the peoples will yet is he their King 8. David was then King all the time that Saul presecuted him he sinned truely in not discharging the duty of a King onely because he wanted a ceremony the peoples approbation which the Prelate saith is required to the solemnity and pompe not to the necessity and truth and essence of a formall King So the Kings Coronation Oath and the peoples Oath must be Ceremonies and because the Prelate is perjured himselfe therefore perjury is but a ceremony also 9. The enthronization of Bishops is like the Kinging of the Pope the Apostles must spare Thrones while they come to Heaven Luk. 22.29 30. the P. Prelates with their head the Pope must be enthroned 10. The hereditary King he maketh a King before his Coronation and his Acts are as valid before as after his Coronation it might cost him his head to say that the Prince of Wales is now no lesse King of Britaine and his Acts Acts of Kingly Royalty no lesse then our Soveraigne is King of Britaine if Lawes and Parliaments had their owne vigour from royall Authority 11. I allow that Kings be as high as God hath placed them but that God said of all Kings I will make him my first borne c. Psalm 89.26 27. which is true of Solomon as the Type 2 Sam 7.
constitution is onely by a surrender of the native right that every one had in himself from whence then can this majestie and authoritie be derived Again where the obligation amongst equals is by contract and compact violation of the faith plighted in the contract cannot in proper termes be called disobedience or contempt of authoritie it is no more but a receding from and a violation of that which was promised as it may be in States or Counties confederate Nature reason conscience scripture teach That disobedience to Soveraign power is not onely a violation of Truth breach of Covenant but also high disobedience and contempt as is clear 1 Sam. 10.26 So when Saul Chap. 11. sent a yoak of Oxen hewed in pieces to all the Tribes the fear of the Lord fell on the people and they came out with one consent 1 Sam. 11.17 so Job 11.18 He looseth the bonds of Kings that is he looseth their authoritie and bringeth them in contempt and he girdeth there loyns with a girdle that is he strengthneth their authoritie and maketh the people to reverence them Heathens observe that there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some divine thing in Kings Prophane Histories say that this was so eminent in Alexander the great that it was a terrour to his enemies and a powerfull Loadstone to draw men to compose the most seditious Counsels and cause his most experienced Commanders embrace and obey his counsel and command Some stories write that upon some great exigence there was some resplendent majesti◠in the eyes of Scipio This kept Pharaoh from lifting his hand against Moses who charged him so boldly with his sins When Moses did speak with God face to face in the Mount this resplendent glory of Majestie so awed the people that they durst not behold his glory Exod. 34. This repressed the fury of the people enraged against Gideon from destroying their idol Judg. 6. And the fear of man is naturally upon all living creatures below Gen. 9. So what can this reverence which is innate in the hearts of all subjects toward their Soveraigns be but the Ordinance unrepealable of God and the naturall effect of that majestie of Princes with which they are endowed with from above Ans. 1. I never heard any shadow of reason while now and yet because the lie hath a latitude here is but a shadow which the Prelate stole from M. Antonius de Dominis Archiepisc. Spalatensis and I may say confidently this Plagiarius hath not one line in his booke which is not stollen and for the present Spalato his argument is but spilt and the nerves cut from it while it is both bleeding and lamed Let the Reader compare them and I pawn my credit he hath ignorantly clipped Spalato But I answer 1. Soveraigntie is a beam and ray as Spalato saith of divine majestie and is not either formally or virtually in the people So he It is false that it is not virtually in the people for there be two things in the Iudge either inferior or supream for the argument holdeth in the majestie of a Parliament as we shall hear 1. The gift or grace of Governing the Arminian Prelate will offend at this 2. The Authority of governing 1. The gift is supernaturall and is not in man naturally and so not in the King for he is physically but a mortall man and this is a gift received for Salomon asked it by prayer from God There is a capacitie passive in all individuall men for it as for the officiall authoritie it self it is virtually in all in whom any of Gods image is remaining since the fall as is clear as may be gathered from Gen. 1.28 yea the Father the Master the Judge have it by Gods institution in some measure over son servant and subject though it be more in the supreme Ruler and for our purpose it is not requisite that authoritative majestie should be in all What is in the Father and Husband I hope to clear I mean it needeth not to be formally in all and so all are born alike and equall But he who is a Papist a Socinian an Arminian and therefore delivered to Satan by his mother Church must be the Sectarie for we are where this Prelate left us maintainers of the Protestant Religion continued in the Confession of Faith and Nationall Covenant of Scotland when this Demas forsook us and embraced the World 2. Though not on single man in Israel be a Judge or King by nature nor have in them formally any ray of Royaltie or of Magistraticall Authoritie yet it followeth not that Israel Parliamentarily convened hath no such authoritie as to make Saul King in Mizpah and David King in Hebron 1 Sam. 10.24 25. 1 Chro. 11.1 2. Chap. 12.38 39. One man alone hath not the Keyes of the Kingdom of Heaven as the Prelate dreameth But it followeth not that many convened in a Church way hath not this power Matth. 18.17 1 Cor. 5.1 2 3 4. One man hath not strength to fight against an Army of ten thousand doth it follow Ergo An Army of twenty thousand hath not strength to fight against these ten thousand So one Paul cannot Synodically determine the question Acts 15. It followeth not Ergo The Apostles and Elders and Brethren convened from divers Churches hath not power to determine it in a lawfull Synod And therefore from a disjoyned and scattered power no man can argue to a united power So not any one man is an inferiour Ruler or hath the rayes and beams of a number of Aristocraticall Rulers but it followeth not Ergo All these men combined in a Citie or Societie have not power in a joynt Politicall body to chose Inferiour or Aristocraticall Rulers 3. The P. Prelates reason is nothing All the Contribution saith he in the compact body to make a King is onely by a surrender of the native right of every single man the whole being onely a voluntary constitution How then can there be any majestie derived from them I answer Very well For the surrender is so voluntary that it is also naturall and founded on the Law of nature That men must have Governours either many or one supreme Ruler And it is voluntary and dependeth on a positive institution of God Whether the Government be by one supreme Ruler as in a Monarchie or in many as in an Aristocracie according as the necessitie and temper of the Common-wealth do most require This Constitution is so voluntary as it hath below it the Law of nature for its generall foundation and above it the supervenient institution of God ordaining That there should be such Magistrates both Kings and other Iudges because without such all humane societies should be dissolved 4. Individuall persons in creating a Magistrate doth not properly surrender their right which can be called a right for they do but surrender their power of doing violence to these of their fellows in that same Communitie so as they shall not now
above the Master But by this reason the shepherd should be inferior to bruit beasts to sheep And the master of the familie is for the familie and referreth all that he hath for the entertaining of the familie but it followeth not therefore the familie is above him The forme is for the action therefore the action is more excellent then the forme and an accident then the subject or substance And Grotius saith Every government is not for the good of another but some for its own good as the government of a master over the servant and the husband over the wife Ans. I take the answer thus Those who are meere meanes and only meanes referred to the end they are inferior to the end but the King as King hath all his officiall and relative goodnesse in the world as relative to the end All that you can imagine to be in a King as a King is all relative to the safety and good of the people Rom. 13.4 He is a minister for thy good He should not as King make himselfe or his own gaine and honour his end I grant the King as a man shall dye as another man and so he may secondarily intend his own good and what excellencie he hath as a man is the excellencie of one mortall man and cannot make him amount in dignitie and in the absolute consideration of the excellencie of a man to be above many men and a whole Kingdome for the moe good things there be the better they are so the good things be multiplicable as a hundred men are better then one Otherwise if the good be such as cannot be multiplied as one God the multiplication maketh them worse as many Gods are inferiour to one God Now if Royalists can shew us any more in the King then these two we shall be obliged to them and in both he is inferiour to the whole The Prelate and his followers would have the Maxime to lose credit for then say they the shepherd should be inferior to the sheep But in this the Maxime faileth indeed 1. Because the shepherd is a reasonable man and the sheep bruit beasts and so must be excellenter then all the flocks of the world Now as he is a reasonable man he is not a shepherd nor in that relation referred to the shâ—ep and their preservation as a mean to the end but he is a shepherd by accident for the unrulinesse of the creatures for mans sinne withdrawing themselves from that naturall dominion that man had over the creatures before the fall of man in that relation of a meane to the end and so by accident is this officiall relation put on him and according to that officiall relation and by accident man is put to be a servant to the bruitish creature and a meane to so base an end But all this proveth him through mans sinne and by accident to be under the officiall relation of a meane to baser creatures then himselfe as to the end but not as a reasonable man But the King as King is an officiall and Royall meane to this end that the people may lead a godly and peaceable life under him And this officiall relation being an accident is of lesse worth then the whole people as they are to be governed And I grant the Kings sonne in relation to blood and birth is more excellent then his Teachers but as he is taught he is inferiour to his Teacher but in both considerations the King is inferior to the people for though he coÌ„mand the people and so have an executive power of law above them yet have they a fountain power above him because they made him King and in Gods intention he is given as King for their good according to that Thou shalt feed my people Israel that I gave him for a leader of my people 4. Saith the P. Prelate The constituent cause is excellenter then the effect constituted where the constitution is voluntary and dependeth upon the free act of the will as when the King maketh a Vice-Roy or a Iudge durante beneplacito during his free will but not when a man maketh over his right to another for then there should be neither faith nor truth in covenants if people might make over their power to their King and retract and take back what they have once given Ans. This is a begging of the question for it is denyed that the people can absolutely make away their whole power to the King It dependeth on the people that they be not destroyed They give to the King a politique power for their own safetie and they keepe a naturall power to themselves which they must conserve and cannot give away and they doe not breake their covenant when they put in act that naturall power to conserve themselves for though the people should give away that power and sweare though the King should kill them all they should not resist nor defend their own lives yet that being an oath against the sixth Command which enjoyneth naturall selfe-preservation it should not oblige the conscience for it should be intrinsecally sinfull and it 's all one to sweare to non-self-preservation as to sweare to selfe-murther 5. If the people saith the Prelate begging the answer from Barclay the constituent be more excellent then the effect and so the people above the King because they constitute him King Then the Counties and Corporations may make voyd all the Commissions given to the Knights and Burgesses of the House of Commons and send others in their place and repeal their Orders therefore Buchanan saith that Orders and Lawes in Parliament were but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 preparatorie consultationis and had not the force of a Law till the people give their consent and have their influence authoritative upon the Statutes and Acts of Parliament But the observator holdeth that the legislative power is whole and intire in the Parliament But when the Scots were preferring Petitions and Declarations they put all power in the collective body and kept their distinct tables Ans. There is no consequence here the Counties and Incorporations that send Commissioners to Parliament may make voyd their Commissions and anull their Acts because they constitute them Commissioners if they be unjust acts they may disobey them and so disanull them but it is presumed God hath given no morall power to doe ill nor can the Counties and Corporations give any such power to evill for they have not any such fâ—om God if they be just acts they are to obey them and cannot retract Commissions to make just Orders Illud tantum possumus quod â—ure possumus and therefore as power to governe justly is irrevocably committed by the three estâ—tes who made the King to the King so is that same power committed by the Shires and Corporations to their Commissioners to decree in Parliament what is just and good irrevocably and to take any jâ—st power from the King which
The Observator said The King is not a father to the whole collective body and it s well said he is son to them and they his maker Who made the King Policy answereth The State made him and Divinitie God made him 4. The Observator said well The peoples weaknesse is not the Kings strength The Prelate saith Amen He said That that perisheth not to the King which is granted to the people The Prelate denyeth Because What the King hath in trust from God the King cannot make away to another nor can any take it from him without sacriledge Answ. True indeed If the King had Royalty by immediate trust and infusion by God as Elias had the spirit of prophecie that he cannot make away Royalists dream that God immediately from heaven now infuseth facultie and right to Crowns without any word of God It s enough to make an Euthysiast leap up to the Throne and kill Kings Judge if these Fanaticks be favourers of Kings But if the King have Royaltie mediately by the peoples free consent from God there is no reason but people give as much power even by ounce weights for power is strong Wine and a great mocker as they know a weak mans head will bear and no more power is not an immediate inheritance from heaven But a birth-right of the people borrowed from them they may let it out for their good and resume it when a man is drunk with it 2. The man will have it conscience on the King to fight and destroy his three Kingdoms for a dream his prerogative above Law But the truth is Prelates do engage the King his house honour subjects Church for their cursed Mytres The Prelate vexeth the Reader with Repetitions and saith The King must proportion his Government to the safety of the people on the one hand and to his owne safety and power on the other hand Ans. What the King doth as King he doth it for the happinesse of his people the King is a relative yea even his owne happinesse that he seeketh he is to referre to the good of Gods people He saith farther The safety of the people includeth the safety of the King because the word populus is so taken which he proveth by a raw sickly rabble of words stollen out of Passerats Dictioner His father the Schoole-master may whip him for frivolous Etymologies This supreame Law saith the Prelate is not above the Law of Prerogative Royall the highest Law nor is Rex above Lex The Democracie of Rome had a supremacie above Lawes to make and unmake Lawes and will they force this power on a Monarch to the destruction of Soveraigntie Answ. This which is stollen from Spalato Barclay Grotius and others is easily answered The supremacie of People is a Law of natures selfe-preservation above all positive Lawes and above the King and is to regulate Soveraigntie not to destroy it 2. If this supremacie of Majâ—stie was in people before they have a King then 1. they lose it not by a voluntary choise of a King for a King is chosen for good and not for the peoples losse ergo they must retain this power in habite and potency even when they have a King 2. Then supremacy of Majesty is not a beame of Divinity proper to a King only 3. Then the people having Royall soveraignty vertually in them make and so unmake a King all which the Prelate denyeth This supreme Law saith the Prelate begging it from Spalato Arnisaeus Grotius advance the King not the people and the sense is The Kingdome is really some time in such a case that the Soveraigne must exercise an Arbitrary Power and not stand upon private mens interests or transgressing of Lawes made for the private good of individualls but for the preservation of it selfe and the publicke may break through all Lawes This he may in the case when suddaine forraine invasion threatneth ruine inevitably to King and Kingdome a Physitian may rather cut a Gangreened member then suffer the whole body to perish The Dictator in case of extreame dangers as Livie and Dion Halicarnass shew us had power according to his owne Arbitrament had a soveraigne Commission in peace and war of life death persons c. not co-ordinate not subordinate to any Ans. It is not an Arbitrary power but naturally tyed and fettered to this same supreame Law Salus populi the safety of the people that a King breake through not the Law but the letter of the Law for the safety of the people as the Chyrurgion not by any prerogative that he hath above the Art of Chyrurgery but by necessity cutteth off a Gangreened member thus it s not Arbitrary to the King to save his people from ruine but by the strong and imperious Law of the peoples safety he doth it for if he did it not he were a murtherer of his people 2. He is to stand upon transgression of Lawes according to their genuine sense of the peoples safety for good Lawes are not contrary one to another though when he breaketh through the letter to the Law yet he breaketh not the Law for if twenty thousand Rebells invade Scotland he is to command all to rise though the formality of a Parliament cannot be had to indict the war as our Law provideth but the King doth not command all to rise and defend themselves by a Prerogative Royall proper to him as King and incommunicable to any but to himselfe 1. There is no such dinne and noise to be made for a King and his incommunicable Prerogative for though the King were not at all yea though he command the contrary as he did when he came against Scotland with an English Army the law of Nature teacheth all to rise without the King 2. That the King command this as King it is not a particular positive Law but he doth it as a man and a member of the Kingdom The law of Nature which knoweth no dreame of such a Prerogative forceth him to it as every member is by Natures indictment to care for the whole 3. It is poore hungry skill in this New Statist for so he nameth all Scotland to say that any Lawes are made for private interests and the good of some individuals Lawes are not Lawes if they be not made for the safetie of the people 4. It is false that the King in a publike danger is to care for himselfe as a man with the ruine and losse of any Yea in a publike calamitie a good King as David is to desire he may die that the Publique may bee saved 2 Samuel 24.17 Exodus 32.32 It is commended of all that the Emperour Otho yea and Richard the 2. of England as M. Speed saith Hist. of England p. 757. resigned their Kingdomes to eschew the effusion of blood The Prelate adviseth the King to passe over all lawes of Nature and slay thousands of innocents and destroy Church and State of three Kingdomes
indeed the triviall Argument of all Royalists especially of Barclay obvious in his 3. Booke If Arbitrarie and Tyrannicall power above any Law that the lawfull Magistrate commandeth under the paine of death Thou shalt not murther one man Thou shalt not take away the vineyard of one Naboth violently be lawfull and warrantable by Gods word then an Arbitrarie power above all Divine lawes is given to the keeping of the Civill Magistrate And it is no lesse lawfull Arbitrarie or rather Tyrannicall power for David to kill all his Subjects and to plunder all Jerusalem as I beleeve Prelates and Malignants and Papists would serve the three Kingdomes if the King should command them then to kill one Vriah or for Achab to spoile one Naboth The essence of â—inne must agree alike to all though the degrees varie Of Gods remedie against Arbitrary power hereafter in the Question of Resistance but the confused ingine of the Prelate bringeth it in here where there is no place for iâ— His 7. Argument is Before God would authorize Rebellion and give a bad president thereof for ever he would rather worke extraordinary and wondâ—rfull miracles and therefore would not authorize the people to deliver themselves from under Pharaoh but made Moses a Prince to bring them out of Egypt with a strâ—tched-out armâ— nor did the Lord deliver his people by the wisdome of Moses or strength of the people or any act that way of theirs but by his own immediate hand and power Ans. I reduce the Prelates confused words to a few for I speake not of his Popish tearme of Saint Steven and others the like because all that he hath said in a book of 149 pages might have been said in three sheets of paper But I pray you what is this Argument to the Question in hand wâ—â—ch is Whether the King be so above all Lawes as People and Peeres in the case of Arbitrarie power may resume their power and punish a Tyrant The P. Prâ—late draweth in the Question of Resistance by the haire Israels not rising in armes against K. Pharaoh proveth nothing against the power of a Free Kingdome against a Tyrant 1. Moses who wrought miracles destructive to Pharaoh might pray a vengeance against Pharaoh God having revealed to Moses that Pharaoh was a Reprobate But may Ministers and Nobles pray so against King Charles God forbid 2. Pharaoh had not his Crown from Israel 3. Pharaoh had not sworne to defend Israel nor became he their King upon condition he should maintaine and professe the Religion of the God of Israel Therefore Israel could not as free Estates challenge him in their supreme Court of Parliament of breach of oath and upon no termes could they un-king Pharaoh He held not his Crown of them 4. Pharaoh was never circumcised nor within the Covenant of the God of Isrâ—el in profession 5. Israel had their lands by the meere gift of the King I hope the King of Britaine standeth to Scotland and England in a foure-fold contrary relation All Divines know that Pharaoh his Princes and the Egyptians were his Peeres and People and that Israel were not his native Subjects but a number of strangers who by the lawes of the King and Princes by the meanes of Joseph had gotten the land of Goshen for their dwelling and libertie to serve the God of Abraham to whom they prayed in their bondage Exod. 2.23 24. and they were not to serve the Gods of Egypt nor were of the Kings Religion And therefore his Argument is thus A number of poore exiled strangers under King Pharaoh who were not Pharaohs Princes and Peeres could not restraine the Tyrannie of King Pharaoh Ergo the three Estates in a free Kingdome may not restraine the Arbitrarie power of a King 2. The Prelate must prove that God gave a Royall and Kingly power to King Pharaoh due to him by vertue of his Kingly calling according as Royalists expone 1 Sam. 8.9 11. to kill all the male children of Israel to make slaves of themselves and compell them to worke in brick and clay while their lives were a burden to them And that if a Romish Catholique Mary of England should kill all the male Children of Protestants by the hands of Papists at the Queenes commandement and make bondslaves of all the Peeres Iudges and three Estates who made her a free Princesse yet notwithstanding that Mary had sworne to maintaine the Protestant Religion they were to suffer and not to defend themselves But if God give Pharaoh a power to kill all Israel so as they could not controll it then God giveth to a King a Royall power by office to sinne only the Royalist saveth God from being the author of sinne in this that God gave the power to sinne but yet with this limitation that the Subjects should not resist this power 2. He must prove that Israel was to give their Male-childâ—en to Pharaohs Butchers for to hide them was to resist a Royall power and to disobey a Royall power given of God is to disobey God 3. The Subjects may not resist the Kings Butchers coming to kill them and their Male-children For to resist the servant of the King in that wherein he is a servant is to resist the King 1 Sam. 8.7 1 Pet. 2.14 Rom. 13.1 4. He must prove that upon the supposition That Israel had been as strong as Pharaoh and his people that without Gods speciall commandment they then wanting the written Word they should have fought with Pharaoh and that we now for all wars must have a word from Heaven as if we had not Gods perfit Will in his Word as at that time Israel behoved to have in all wars Judg. 18.5 1 Sam. 14.37 Esa. 30.2 Iere. 38.37 1 King 22.5 1 Sam. 30.5 Iudg. 20.27 1 Sam. 23.2 2 Sam. 16.23 1 Chron. 10.14 But because God gave not them an answer to fight against Pharaoh therefore we have no warrant now to fight agâ—inst a forraign Nation invading us the consequence is null and therefore this is a vain Argument The Prophets never reprove the people for not performing the duty of defensive wars against Tyraâ—nous Kings Ergo There is no such dutie enjoyned by any Law of God to us For the Prophets never rebuke the people for non-performing the dutie of offensive wars against their enemies but where God gave a speciall command and responce from his own Oracle that they should fight And if God was pleased never to command the people to rise against a Tyrannous King they did not sin where they had no commandment of God but I hope we have now a more sure word of prophecie to inform us 5. The Prelate conjectureth Moses his miraâ—les and the deliverance of the people by dividing the Red Sea was to forbid and condemn defensive wars of people against their King but he hath neither Scripture nor Reasons to do it The end of these miracles was to Seal to Pharaoh the Truth of Gods calling of Moses and
Aaron to deliver the people as is clear Exod. 4.1 2 3 4. compared with Chap. 7. vers 8 9 10. And that the Lord might get to himself a name on all the earth Rom. 9.17 Exod. 9.16 and 13.13 14. and 15. 1 2 3. seq But of the Prelates conjecturall end the Scripture is silent and we cannot take an excommunicated mans word What I said of Pharaoh who had not his Crown from Israel that I say of Nebuchadnezzar and the Kings of Persia keeping thâ— people of God captive P. Prelate So in the Book of the Judgeâ— when the people were delivered over to the hand of their enemies because of their sins hâ— never warranted the ordinary Iudges or Communitie to be their own deliverers but when they repented God raised up â— Iudge The people had no hand in their own deliverance out of Babylon God effected it by Cyrus immediately and totally Is not this a reall proof God will not have inferiour Iudges to rectifie what is amisse but we must waite in patience till God provide lawfull means some Soveraign power immediately sent by himself in which course of his ordinary providence he will not be deficient Answ. All this is beside the question and proveth nothing lesse then that Peers and Communitie may not resume their power to curbe an Arbitrary power For in the first case there is neither Arbitrary nor lawfull supreme Iudge 2. If the first prove any thing it proveth That it was rebellion in the inferiour Iudges and Communitie of Israel to fight against forraign Kings not set over them by God and that offensive wars against any Kings whatsoever because they are Kings though strangers are unlawfull Let Socinians and Anabaptists consider if the P. Prelate help not them in this and may prove all wars to be unlawfull 3. He is so Malignant to all inferiour Iudges as if they were not powers sent of God and to all Governours that are not Kings and so upholders of Prelates and of himself as he conceiveth that by his arguing he will have all deliverance by Kings onely the onely lawfull means in ordinary providence and so Aristocracy and Democracy except in Gods extraordinary providence and by some divine dispensation must be extraordinary and ordinarily unlawfulh 2. The Acts of a State when a King is dead and they choosâ— another shall be an Anticipating of Gods providence 3. If the King be a childe a captive or distracted and the Kingdom oppressed with Malignants they are to waite while God immediately from Heaven create a King to them as he did Saul long ago But have we now Kings immediately sent as Saul was 1. How is the spirit of Prophecie and Government infused in them as in King Saul Or are they by propheticall inspiration anointed as David was I conceive their calling to the throne on Gods part do differ as much from the calling of Saul and David in some respect as the calling of ordinary Pastors who must be gifted by industry and learning and called by the Church and the calling of Apostles 4. God would deliver his people from Babylon by moving the heart of Cyrus immediately the people having no hand in it not so much as supplicating Cyrus Ergo The People and Peers who made the King cannot curb his Tyrannicall power if he make captives and slaves of them as the Kings of Chaldea made slaves of the people of Israel What Because God useth another mean Ergo This mean is not lawfull It followeth in no sort If we must use no means but what the captive people did under Cyruâ— we may not lawfully flie nor supplicate for the people did neither P. Prelate You read of no Covenant in Scripture made without the King Exod. 34. Moses King of Iesurum neither Tables nor Parliament framed it Joshua another Iosh. 24. and Asa 2 Chron. 15. and 2 Chron. 34. and Ezra 10. The Covenant of Iehojada in the non-age of Ioash was the High Priests Act as the Kings Governour There is a covenant with Hell made without the King anâ— a false Covenant Hos. 10.3 4. Answ. We argue this negatively This is neither commanded nor practised nor warranted by promise Ergo It is not lawfull But this is not practised in Scripture Ergo It is not lawfull It followeth it Shew me in Scripture the killing of a Goaring Ox who killed a man the not making battlements on an house the putting to death of a man lying with a Beast the killing of seducing Prophets who tempted the people to go a whoring and serve another God then Jehovah I mean a god made by the hand of the Baker such a one as the excommunicated Prelate is known to be who hath Preached this Idolatry in three Kingdoms yet Deut. 13. This is written and all the former Laws are divine Precepts shall the Precept make them all unlawfull because they are not practised by some in Scripture By this I ask Where read yee that the people entered in a Covenant with God not to worship the Golden Image and the King and these who pretend they are the Priests of Iehovah the Church-men and Pelates refused to enter in Covenant with God By this argument the King and Prelates in non-practising with us wanting the precedent of a like practice in Scripture are in the fault 2. This is nothing to prove the conclusion in question 3. All these places prove it is the Kings dutie when the people under him and their fathers have corrupted the worship of God to renew a Covenant with God and to cause the people to do the like as Moses Asa Iehoshaphat didâ— 4. If the King refuse to do his dutie where is it written That the people ought also to omit their dutie and to love to have it so because the Rulers corrupt their wayes Ierem. 5.31 To renew a Covenant with God is a point of service due to God that the people are obliged unto whether the King command it or no. What if the King command not his people to serve God or What if he forbid Daniel to pray to God Shall the people in that case serve the King of Kings onely at the nod and Royall command of an earthly King Clear this from Scripture 5. Ezra ch 5. had no commandment in particular from Artaxerxes King of Persia or from Darius but a generall that Ezr. 7.23 Whatsoever is commanded by the God of Heaven let it be diligently done for the house of the God of Heaven But the Tables in Scotland and the two Parliaments of England and Scotland who renewed the Covenant and entered in Covenant not against the King as the P. P. saith but to restore Religion to its ancient Puritie have this expresse Law from King James and King Charles both in many Acts of Parliament that Religion be kept pure Now as Artaxerxes knew nothing of the Covenant and was unwilling to subscribe it and yet gave to Ezra and the Princes a warrant in generall to do
all that the God of Heaven required to be done for the Religion and house of the God of Heaven and so a generall warrant for a Covenant without the King and yet Ezra and the people in swearing that Covenant failed in no dutie against their King to whom by the fifth Commandment they were no lesse subject then we are to our King just so we are and so have not failed but they say The King hath committed to no Lievtenant and Deputie under him to do what they please in Religion without his Royall consent in particular and the direction of his Clergy seeing he is of that same Religion with his people whereas Artaxerxes was of another Religion then were the Iews and their Governour Answ. Nor can our King take on himself to do what he pleaseth and what the Prelates amongst whom these who ruled all are known before the World and the Sun to be of another Religion then we are pleaseth in particular But see what Religion and Worship the Lord our God and the Law of the Land which is the Kings revealed will alloweth to us that we may swear though the King should not swear it otherwayes we are to be of no Religion but of the Kings and to swear no Covenant but the Kings which is to joyn with Papists against Protestants 6. The strangers of Ephraim and Manasseh and out of Simeon fell out of Israel in abundance to Asa when they saw that the Lord his God was with him 2 Chron. 15.9 10. And sware that Covenant without their own Kings consent their own King being against it If a people may swear a Religious Covenant without their King who is averse thereunto far more may the Nobles Peers and Estates of Parliament do it without their King And here is an example of a practise which the P. Prelate requireth 7. That Jehojadah was Governour and Vice-Roy during the non-age of Joash and that by this Royall Authoritie the Covenant was sworn is a dream to the end he may make the Pope and the Arch-Prelate now Vice-Royes and Kings when the throne varieth The Nobles were Authors of the making of that Covenant no lesse then Iehojadah was yea and the People of the Land when the King was but a childe went unto the house of Baal and brake down his Images c. Here is a Reformation made without the King by the people 8. Grave Expositors say That the Covenant with death and hell Esay 28. was the Kings Covenant with Egypt 9. And the Covenant Hos. 10. is by none exponed of a Covenant made without the King I heard say this Prelate Preaching on this Text before the King exponed it so But he spake words as the Text is falsly The P. Prelate to the end of the Chapter giveth instance of the ill-successe of Popular Reformation because the people caused Aaron to make a Golden Calf and they revolted from Rehoboam to Ieroboam and made two Golden Calves and they conspired with Absolom against David Answ. If the first example make good any thing neither the High-Priest as was Aaron nor the P. Prelate who claimeth to be descended of Aarons house should have any hand in Reformation at all for Aaron erred in that and to argue from the peoples sins to deny their power is no better then to prove Achab Ieroboam and many Kings in Israel and Judah committed Idolatry Ergo They had no Royall power at all In the rest of the Chapter for a whole Page he singeth over again his Mattens in a circle and giveth us the same Arguments we heard before of which you have these three notes 1. They are stoln and not his own 2. Repeated again and again to fill the field 3. All hang on a false supposition and a begging of the question That the people without the King have no power at all QUEST XXVII Whether or no the King be the sole supreme and finall interpreter of the Law THis Question conduceth not a little to the clearing of the doubts concerning the Kings absolute power and the supposed sole nomothetick power in the King And I thinke it not unlike to the question whether the Pope and Romish Church havt a sole and peremptory power of exponing Lawes and the Word of God We are to consider that therr is a twofold exposition of Lawes one speculative in a Schoole way so exquisite Iurists have a power to expone Lawes 2. Practicall in so farre as the sense of the Law falleth under our Practice and this is twofold either private and common to all or judiciall and proper to Iudges and of this last is the question For this Publicke the Law hath one fundamentall rule Salus populi like the King of Planets the Sunne which lendeth Star-light to all Lawes and by which they are exponed whatever interpretation swarveth either from fundamentall Lawes of policy or from the Law of Nature and the Law of Nations and especially from the safety of the publick is to be rejected as a perverting of the Law and therefore Conscientia humani generis the naturall conscience of all men to which the oppressed people may appeale unto when the King exponeth a Law unjustly at his owne pleasure is the last rule on earth for exponing of Lawes Nor ought Lawes to be made so obscure as an ordinary wit cannot see their connexion with fundamentall truths of policy and the safety of the people and therefore I see no inconvenience to say that The Law it selfe is Norma regula juduicandi the Rule and directory to square the Iudge and that the Iudge is the publicke practicall interpreter of the Law Assert 1. The King is not the sole and finall interpreter of the Law 1. Because then inferiour Iudges should not be interpreters of the Law but inferiour Iudges are no lesse essentially Iudges then the Kingâ— Deut. 1.17 2 Chron. 19.6 1 Pet. 2.14 Rom. 13.1 2. and so by Office must interpret the Law else they cannot give sentence according to their conscience and equity now exponing of the Law judicially is an act of judging and so a personall and incommunicable act so as I can no more judge and expone the Law according to another mans conscience then I can beleeve with another mans soule or understand with another mans understanding see with another mans eye The Kings pleasure therefore cannot be the rule of the inferiour Iudges conscience for he giveth an immediate accompt to God the Iudge of all of a just or an unjust sentence Suppone Caesar shall expone the Law to Pilate that Christ deserveth to dye the death yet Pilate is not in conscience to expone the Law so If therefore inferiour Iudges judge for the King they judge only by power borrowed from the King not by the pleasure will or command of the King thus and thus exponing the Law ergo the King cannot be the sole interpreter of the Law 2. If the Lord say not to the King only but also
suffer of wicked men falleth under no Commandement of God except in our Saviour A Passion as such is not formally commanded I meane a Physicall Passion such as to be killed God hath not said to me in any Morall Law Be thou killed tortured beheaded but only be thou patient if God deliver thee to wicked mens hands to suffer these things 3. There is not a stricter Obligation Morall betwixt King and people then betwixt Parents and Children Master and servant Patron and Clients Husband and Wife the Lord and the Vassell between the Pilot of a Ship and the Passengers the Physitian and the sick the Doctor and the schollars but the Law granteth l. Minime 35. De Relig. sumpt funer If these betray their trust committed to them they may be resisted if the father turne distracted and arise to kill his sonnes his sonnes may violently apprehend him and bind his hands and spoile him of his Weapons for in that he is not a father Vasquez Lib. 1. Illustr question c. 8. n. 18. Si dominus subditum enormiter atrociter oneraret princeps superior vassallum posset ex toto eâ—imere a sua jurisdictione etiam tacente subdito nihil petente Quid papa in suis decis Parliam grat decis 62. si quis Baro. abutentes dominio privari possunt The servant may resist the Master if he attempt unjustly to kill him so may the Wife doe to the Husband if the Pilot should wilfully run the ship on a Rock to destroy himselfe and his Passengers they might violently thrust him from the Helme Every Tyrant is a furious man and is morally distracted as Althusius saith Politi c. 28. n. 30. seq 4. That which is given as a blessing and a favour and a Scrine betweene the peoples liberty and their bondage cannot be given of God as a bondage and slavery to the people But the power of a King is given as a blessing and favour of God to defend the poore and needy to preserve both Tables of the Law and to keepe the people in their liberties from oppressing and treading one upon another But so it is that if such a power be given of God to a King by which Actu primo he is invested of God to doe acts of Tyranny and so to doe them that to resist him in the most innocent way which is selfe defence must be a resisting of God and Rebellion against the King his Deputy then hath God given a Royall power as incontrollable by mortall men by any violence as if God himselfe were immediatly and personally resisted when the King is resisted and so this power shall be a power to wast and destroy irresistably and so in it selfe a plague and a curse for it cannot be ordained both according to the intention and genuine formall effect and intrinsecall operation of the power to preserve the Tables of the Law Religion and Liberty Subjects and Lawes and also to destroy the same but it is taught by Royalists that this power is for Tyranny as well as for peaceable Government because to resist this Royall Power put forth in Acts either waies either in acts of Tyranny or just Government is to resist the Ordinance of God as Royalists say from Rom. 13.1 2 3. And we know to resist Gods ordinances and Gods Deputy formaliter as his Deputy is to resist God himselfe 1 Sam. 8.7 Mat. 10.40 as if God were doing personally these Acts that the King is doing and it importeth as much as the King of Kings doth these Acts in and through the Tyrant Now it is blasphemy to thinke or say that when a King is drinking the blood of innocents and wasting the Church of God that God if he were personally present would commit these same acts of Tyranny God would avert such blasphemy and that God in and through the King as his lawfull Deputy and Vicegerent in these acts of Tyranny is wasting the poore Church of God If it be said in these sinfull acts of Tyranny he is not Gods formall Vicegerent but only in good and lawfull acts of Government yet he is not to be resisted in these acts not because the acts are just and good but because of the dignity of his Royall Person Yet this must provâ— that these who resist the King in these acts of Tyranny must resist no ordinance of God but only that we resist him who is the Lords Deputy though not as the Lords Deputy what absurd is there in that more then to disobey him refusing active obedience to him who is the Lords Deputy but not as the Lords Deputy but as a man commanding beside his Masters Warrant 5. That which is inconsistent with the care and providence of God in giving a King to his Church is not to be taught Now Gods end in giving a King to his Church is the feeding safetie preservation the peaceable and quiet life of his Church 1 Tim. 2.2 Esa. 49.23 Psal. 79.71 But God should crosse his own end in the same act of giving a King if he should provide a King who by office were to suppresse Robbers Murtherers and all oppressors and wasters in his holy Mount and yet should give an irresistible power to one crowned Lyon a King who may kill a thousand thousand Protestants for their Religion in an ordinary Providence and they are by an ordinary law of God to give their throats to his Emissaries and bloody executioners If any say The King will not be so cruell I beleeve it because actu secundo it is not possibly in his power to be so cruell 2. We owe thanks to his good will that he killeth not so many but no thanks to the nature and genuine intrinsecall end of a King who hath power from God to kill all these and that without resistance made by any mortall man Yea no thanks God avert blasphemie to Gods ordinary providence which if Royalists may be beleeved putteth no barre upon the illimited power of a man inclined to sinne and abuse his power to so much crueltie Some may say the same absurditie doth follow if the King should turne Papist and the Parliament all were Papists in that case there might be so many Martyrs for the truth put to death and God should put no bar of providence upon this power then more then now and yet in that case the King and Parliament should be Iudges given of God actu primo and by vertue of their office obliged to preserve the people in Peace and Godlinesse But I answer If God gave a lawfull officiall power to King and Parliament to worke the same crueltie upon millions of Martyrs and it should be unlawfull for them by armes to defend themselves I should then think that King and Parliament were both ex officio by vertue of their office and actu primo Iudges and Fathers and also by that same office Murtherers and Butchers Which were a grievous aspersion to the unspotted Providence of