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A57975 Lex, rex The law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of Scotland and of their expedition for the ayd and help of their dear brethren of England : in which their innocency is asserted and a full answer is given to a seditious pamphlet intituled Sacro-sancta regum majestas, or, The sacred and royall prerogative of Christian kings, under the name of J. A. but penned by Jo. Maxwell the excommunicate P. Prelat. : with a scripturall confutation of the ruinous grounds of W. Barclay, H. Grotius, H. Arnisœus, Ant. de Domi P. Bishop of Spalata, and of other late anti-magistratical royalists, as the author of Ossorianum, D. Fern, E. Symmons, the doctors of Aberdeen, &c. : in XLIV questions. Rutherford, Samuel, 1600?-1661. 1644 (1644) Wing R2386; ESTC R12731 451,072 480

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cast in a word of other Confessions lest we seeme to be Iesuites alone The Confession of Helvetia saith c. 30. de Magistratu Viduas pupillos afflictos asserat Every Magistrate is to defend the widow the orphan and the oppressed The French Confession saith art 40. Affirmamus ergo parendumesse Legibus Statutis solvenda Tributa subjectionis denique jugum voluntariè tolerandum etiamsi infideles fuerint Magistratus dummodo Dei summum imperium integrum illibatum maneat So cleare it is that all active obedience is due to all Magistrates and that that yoake of passive obedience is to be tolerated but conditionally with a dummodo so as the Magistrate violate not the supreme commandement of the King of Kings And we know accordingly Protestants of that Church have taken defensive armes against their King But our P. Prelate can say The Confessions of Scotland Helvetia France and all the Reformed Churches are Jesuiticall when as it was the doctrine of the Waldenses Protestants and Luther Calvin and others while as there was no Iesuite on earth The 37. Art of the Church of Englands Confession is so far from erecting an absolute power in the King that they expresly bring down the Royall Prerogative from the high seat and transcendent superlative power above the Law and expone the Prerogative to be nothing but meere Law-power We only say they ascribe that Prerogative to the King which the Scripture doth ascribe to all Godly Princes that is that they cause all committed to their trust whether Ecclesiasticall or Civill persons doe their duty and punish with the Civill sword all disobedient offenders In syntag Confess And this they say in answer to some who beleeved the Church of England made the King the Head of the Church The Prelates Convocation must be Iesuites to this P. P. also So the 36. Article of the Belgick Confession saith of all Magistrates no lesse then of a King We know for Tyrannie of Soule and Body they justly revolted from their King Idcirco Magistratus ipsos gladio armavit ut malos quidem plectant paenis probos vero tueantur Horum porro est non modo de Civili politia conservanda esse solicitos verum etiam dare operam ut sacrum Ministerium conservetur omnis Idololatria adulterinus Dei cultus è medio tollatur regnum Antichristi diruatur c. Then all Magistrates though inferiour must doe their duty that the Law of God hath laid on them though the King forbid them But by the Belgick Confession and the Scripture it is their duty to relieve the oppressed to use the sword against murthering Papists and Irish Rebels and destroying Cavaliers For shall it be a good plea in the day of Christ to say Lord Iesus we would have used thy sword against bloody Murtherers if thy Anoynted the King had not commanded us to obey a mortall King rather than the King of ages and to execute no judgement for the oppressed because he judged them faithfull Catholike subjects Let all Oxford and Cavalier Doctors in the three Kingdomes satisfie the consciences of men in this that inferior Iudges are to obey a Divine Law with a proviso that the King command them so to doe and otherwise they are to obey Men rather then God This is evidently holden forth in the Argentine Confession exhibited by foure Cities to the Emperour Charles the Fifth An. M.D.XXX. in the same very cause of innocent Defence that we are now in in the three Kingdomes of Scotland England and Ireland The Saxonick Confession exhibited to the Councell of Trent An. M.D.LI. art 23 maketh the Magistrates office essentially to consist in keeping of the two Tables of Gods Law and so what can follow hence but in so far as he defendeth Murtherers or if he be a King and shall with the sword or Armies impede inferior Magistrates for the Confession speaketh of all to defend Gods law and true Religion against Papists Murtherers and bloody Cavaliers and hinder them to execute the judgement of the Lord against evill doers He is not in that a Magistrate and the denying of obedience active or passive to him in that is no resistance to the Ordinance of God but by the contrary the King himselfe must resist the ordinance of God The Confession of Bohemia is clear art 16. Qui publico munere magistratuque funguntur quemcunquegradū teneant se non suum sed Dei opus agere sciant Hence all inferior or the supreme Magistrate what ever be their place they doe not their own work nor the work of the King but the work of God in the use of the sword Ergo they are to use the sword against bloody Cavaliers as doing Gods worke suppose the King should forbid them to doe Gods worke And it saith of all Magistrates Sunt autem Magistratuum partes ac munus omnibus ex aequo jus dicere in communem omnium usum sine personarum acceptatione pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis hanc inter turbantibus poenas sumere aliosque omnes ab eorum vi injuria vindicare Now this Confession was the faith of the Barons and Nobles of Bohemia who were Magistrates and exhibited to the Emperor An. 1535. in the cause not unlike unto ours now and the Emperor was their Soveraigne yet they professe they are obliged in conscience to defend all under them from all violence and injuries that the Emperor or any other could bring on them and that this is their office before God which they are obliged to performe as a worke of God and the Christian Magistrate is not to doe that worke which is not his own but Gods upon condition that the King shall not inhibite him What if the King shall inhibite Parliaments Princes and Rulers to relieve the oppressed to defend the Orphan the Widow the Stranger from unjust violence Shall they obey man rather than God To say no more of this Prelates in Scotland did what they could to hinder his Majestie to indict a Parliament 2. When it was indicted to have its freedome destroyed by prelimitations 3. When it was sitting their care was to divide impede and anull the course of Iustice. 4. All in the P. Prelates booke tendeth to abolish Parliaments and to enervate their power 5. There were many wayes used to break up Parliaments in England And to command Iudges not to judge at all but to interrupt the course of Iustice is all one as to command unrighteous judgement Ier. 22. v. 3. 6. Many wayes have been used by Cavaliers to cut off Parliaments and the present Parliament in England The paper found in William Lauds Studie touching feares and hopes of the Parliament of England evidenceth that Cavaliers hate the Supreme seat of Iustice and would it were not in the World which is the highest rebellion and resistance made against superior Powers 1. He feareth this Parliament shall begin
of injuries 21. It is false that Presbyteries usurp both swords because they censure sins which the civill Magistrate should censure and punish Elias might be said then to mix himselfe with the civill businesse of the Kingdom because he prophecied against Idolators killing of the Lords Prophets which crime the civill Magistrate was to punish But the truth is the Assembly of Glasgow 1637. condemned the Prelates because they being Pastors would be also Lords of Parliament of Session of Secret Counsell of Exchequer Judges Barons and in their lawlesse High Commission would Fine Imprison and use the sword 22. It is his ignorance that he saith A provinciall synod is an associate body chosen out of all judiciall Presbyteries for all Pastors and Doctors without delegation by vertue of their place and office repaire to the Provinciall Synods and without any choice at all consult and voice there 23. It is a lye That some Leading men rule all here indeed Episcopall men made factions to rent the Synods and though men abuse their power to factions this cannot prove that Presbyteries are inconsistent with Monarchie for then the Prelate the Monarch of his Diocesian rout should be Anti-Monarchiall in a higher manner for he ruleth all at his will 24. The prime men as Mr. R. Bruce the faithfull servant of Christ was honoured and attended by all because of his Suffering Zeal Holinesse his fruitfull Ministery in gaining many thousand souls to Christ So though King James cast him off and did swear By Gods name he intended to be King the Prelate maketh Blasphemy a vertue in the King yet King James sware he could not find an honest Minister in Scotland to be a Bishop and therefore he was necessitated to promote false knaves but he said sometimes and wrote it under his hand that Mr. R. Bruce was worthy of the half of his kingdom but will this prove Presbyteries inconsistent with Monarchies I should rather think that Knave Bishops by King James his judgement were inconsistent with Monarchies 25. His lyes of Mr. R. Bruce excerpted out of the lying Manuscript of Apostat Spotswood in that he would not but preach against the Kings recalling from exile some Bloody Popish Lords to undo all are nothing comparable to the Incests Adulteries Blasphemies Perjuries Sabbath-breaches Drunkennesse Prophanity c. committed by Prelates before the Sun 26. Our Generall Assembly is no other then Christs Court Act. 15. made up of Pastors Doctors and Brethren or Elders 27. They ought to have no negative vote to impede the conclusions of Christ in his servants 28. It is a lye that the King hath no power to appoint time an● place for the Generall Assembly but his power is not privative to destroy the free Courts of Christ but accumulative to ayd and assist them 29. It is a lye That our generall Assembly may repeal Laws command and expect performance of the King or then excommunicate subject to them force compell King Judges and all to submit to them They may not force the conscience of the poorest begger nor is any Assembly infallible nor can it lay bounds upon souls of Iudges which they are to obey with blind obedience their power is ministeriall subordinate to Christs Law and what civill Laws Parliaments make against Gods word they may Authoritatively declare them to be unlawfull as though the Emperour Act. 15. had commanded Fornication and eating of blood might not the Assembly forbid these in the Synod I conceive the Prelates if they had power would repeal the Act of Parliament made An. 1641. in Scotland by his Majestie personally present and the three Estates concerning the anulling of these Acts of Parliament and Laws which established Bishops in Scotland E●g Bishops set themselves as independent Monarchs above Kings and Laws and what they damne in Presbyteries and Assemblies that they practise themselves 30. Commissioners from Burroughs and Two from Edinbrough because of the largenesse of that Church not for Cathedrall supereminence sit in Assemblies not as sent from Burroughs but as sent and Authorized by the Church Session of the Burrough and so they sit there in a Church capacity 31. Doctors both in Accademies and in Parishes we desire and our Book of Discipline holdeth forth such 32. They hold I beleeve with warrant of Gods word if the King refuse to reform Religion the inferior Iudges and Assembly of Godly Pastors and other Church Officers may reform if the King will not kisse the Sun and do his duty in purging the House of the Lord may not Eliah and the people do their duty and cast out Baals Priests Reformation of Religion is a personall act that belongeth to all even to any one private person according to his place 33. They may swear a Covenant without the King if he refuse and Build the Lords House 2 Chron. 15.9 themselves and relieve and defend one another when they are oppressed For my acts and duties of defending my self and the oppressed do not tye my conscience conditionally so the King consent but absolutely as all duties of the Law of nature doe Jer. 22.3 Prov. 24.11 Esa. 58.6 Esa. 1.17 34. The P. P. condemneth our Reformation because it was done against the will of our Popish Queen This sheweth what estimation he hath of Popery and how he abhorreth Protestant Religion 35. They deposed the Queen for Her Tyranny but Crowned her Son all this is vindicated in the following Treatise 36. The killing of the monstrous and prodigious wicked Cardinall in the Castle of St. Andrews and the violence done to the Prelates who against all Law of God and man obtruded a Masse service upon their own private motion in Edinbrough An. 1637. can conclude nothing against Presbyteriall Government except our Doctrine commend these acts as lawfull 37. What was preached by the servant of Christ whom p. 46. he calleth the Scottish Pope is Printed and the P. P. durst not could not cite any thing thereof as Popish or unsound he knoweth that the man whom he so slandereth knocked down the Pope and the Prelates 38. The making away the fat Abbacies and Bishopricks is a bloody Heresie to the earthly minded Prelate the Confession of Faith commended by all the Protestant Churches as a strong bar against Popery and the book of Discipline in which the servants of God laboured twenty yeares with fasting and praying and frequent advice and counsell from the whole Reformed Churches are to the P. P. a negative faith and devote imaginations it s a lye that Episcopacie by both sides was ever agreed on by Law in Scotland 39. And was it a heresie that M. Melvin taught that Presbyter and Bishop are one function in Scripture and that Abbots and Priors were not in Gods book dic ubi legis and is this a proof of inconsistency of Presbyteries with a Monarchie 40 It is a heresie to the P. P. that the Church appoynt a Fast when King James appoynted an unseasonable
King by vertue of his covenant How can he faile against an obligation where there is no obligation but as a King he owe no obligation of duty to the people and indeed so doe our good men expound that Psal. 51. Against thee thee only have I sinned not against Vriah for if he sinned not as King against Vriah whose life he was obliged to conserve as a King he was not obliged as a King by any royall duty to conserve his life Where there is no sin there is no obligation not to sin and where there is no obligation not to sin there is no sin By this the King as King is loosed from all duties of the second Table being once made a King he is above all obligation to love his neighbour as himselfe for he is above all his neighbours and above all mankind and only lesse then God 4. Arg. If the people be so given to the King that they are committed to him as a pledge oppignorated in his hand as a pupill to a Tutor as a distressed man to a Patron as a flocke to a Shepheard and so as they remaine the Lords Church his people his flocke his portion his inheritance his vineyard his redeemed ones then they cannot be given to the King as Oxen and Sheepe that are freely gifted to a man or as a gift or summe of gold or silver that the man to whom they are given may use so that he cannot commit a fault against the oxen sheepe gold or mony that is given to him how ever he shall dispose of them But the people are given to the King to be tutored and protected of him so as they remaine the people of God and in covenant with him and if the people were the goods of fortune as Heathens say he could no more sinne against the people then a man can sin against his gold now though a man by adoring gold or by lavish profusion and wasting of gold may sin against God yet not against gold nor can he be in any covenant with gold or under any obligation of either duty or sin to gold or to livelesse and reasonlesse creatures properly therefore he may sin in the use of them and yet not sin against them but against God Hence of necessity the King must be under obligation to the Lords people in another manner then that he should only answer to God for the losse of men as if men were worldly goods under his hand and as if being a King he were now by this Royall Authority priviledged from the best halfe of the law of nature to wit from acts of mercy and truth and covenant keeping with his brethren 5. Arg. If a King because a King were priviledged from all covenant obligation to his subjects then could no Law of men lawfully reach him for any contract violated by him then he could not be a debtor to his subjects if he borrowed mony from them and it were utterly unlawfull either to crave him mony or to sue him at Law for debts yet our Civill Lawes of Scotland tyeth the King to pay his debts as any other man yea and King Solomons traffiquing and buying and selling betwixt him and his owne subjects would seeme unlawfull for how can a King buy and sell with his subjects if he be under no covenant obligation to men but to God only Yea then a King could not marry a wife for he could not come under a covenant to keepe his body to her only nor if he committed adultery could he sin against his wife because being immediate unto God and above all obligation to men he could sin against no covenant made with men but only against God 6. If that was a lawfull covenant made by Asa and the States of Iudah 2 Chron. 15.13 That whosoever would not seeke the Lord God of their fathers should be put to death whether small or great whether man or woman this obligeth the King for ought I see and the Princes and the people but it was a lawfull covenant ergo the King is under a covenant to the Princes and Iudges as they are to him it is replyed If a Master of a Schoole should make a law whoever shall goe out at the Schoole doores without liberty obtained of the Master shall be whipped it will not oblige the Schoole-master that he shall be whipped if he goe out at the Schoole doores without liberty so neither doth this Law oblige the King the supreame Law-giver Ans. Suppose that the Schollars have no lesse hand and authority magisteriall in making the law then the Schoole-master as the Princes of Iudah had a collaterall power with King Asa about that law it would follow that the Schoole-master is under the same law 2. Suppose going out at Schoole doores were that way a morall neglect of studying in the Master as it is in the Scholars as the not seeking of God is as hainous a sinne in King Asa and no lesse deserving death then it is in the people then should the Law oblige Schoolmaster and Scholler both without exception 3. The Schoolemaster i● clearely above all lawes of discipline which he imposeth on his Scholars but none can say that King Asa was clearely above that law of seeking of the Lord God of his fathers Diodorus Siculus l. 17. saith the Kings of Persia were under an oath and that they might not change the Lawes and so were the Kings of Egypt and Ethiopia The Kings of Sparta which Aristotle calleth just Kings renew their oath every moneth Romulus so covenanted with the Senate and People Carolus V. Austriacus sweareth he shall not change the Lawes without the consent of the Electors nor make new lawes nor dispose or impledge any thing that belongeth to the Empire So read we Spec. Saxon. l. 3. Act. 54. and Xenophon Cyriped l. 8. saith there was a covenant between Cyrus and the Persians The nobles are crowned when they crown their King and exact a speciall Oath of the King So doth England Polonia Spaine Arragonia c. Alberi Gentilis Hug. Grotius prove that Kings are really bound to performe Oathes and contracts to their people but notwithstanding there be such a covenant it followeth not from this saith Arnisaeus that if the Prince breake his covenant and rule tyrannically the people shall be free and the contract or covenant nothing Ans. The covenant may be materially broken while the King remaineth King and the subjects remaine subjects but when it is both materially and formally declared by the States to be broken the people must be free from their Allegiance but of this more hereafter Arg. 7. If a Master bind himselfe by an Oath to his servant he shall not receive such a benefit of such a point of service if he violate the Oath his Oath must give his servant Law and right both to challenge his Master and he is freed from that point of service an Army appointeth such a one their Leader
will not execute the judgement of the Lord Those who made him supreme Magistrate under God who have under God soveraigne libertie to dispose of crownes and kingdomes are to execute the judgement of the Lord when wicked men make the law of God of none effect 1 Sam. 15.32 so Samuel killed Hagage whom the Lord expresly commanded to be killed because Saul disobeyed the voyce of the Lord. I deny not but there is necessitie of a cleere warrant that the Magistrate neglect his duty either in not conveening the States or not executing the judgement of the Lord. 3. I see not how the conveening of a Parliament is extraordinarie to the States for none hath power ordinary when the King is dead or when he is distracted or captive in another land to conveene the Estates and Parliament but they only and in their defect by the law of Nature the people may conveene But 4. If they be essentially Iudges no lesse then the King as I have demonstrated to the impartiall Reader in the former Chapter I conceive though the State make a positive law for Orders cause that the King ordinarily conveene Parliaments Yet if we dispute the matter in the court of Conscience the Estates have intrinsecally because they are the Estates and essentially Iudges of the Land ordinary power to conveene themselves 1. Because when Moses by Gods rule hath appointed seventie men to be Catholike Iudges in the Land Moses upon his sole pleasure and will hath not power to restraine them in the exercise of judgment given them of God for as God hath given to any one Iudge power to judge righteous judgement though the King command the contrary so hath he given to him power to sit down in the gate or the bench when and where the necessitie of the oppressed people calleth for it For 1. the expresse commandement of God which saith to all Iudges Execute judgement in the morning involveth essentially a precept to all the Physicall actions without which it is impossible to execute judgement As namely if by a divine precept the Iudge must execute judgement ergo he must come to some publique place and he must cause partie and witnesses come before him and he must consider cognosce examine in the place of judgement things persons circumstances and so God who commandeth positive acts of judgeing commandeth the Iudges locomotive power and his naturall actions of compelling by the sword the parties to come before him even as Christ who commandeth his servants to preach commandeth that the Preacher and the People goe to Church and that he stand or sit in a place where all may heare and that he give himselfe to reading and meditating before he come to preach And if God command one Iudge to come to the place of judgement so doth he command seventie and so all Estates to conveen in the place of judgement It is objected That the Estates are not Iudges ordinary and habitually but only Iudges at some certaine occasions when the King for cogent and weighty causes calleth them and calleth them not to judge but to give him advise and counsell how to judge Ans. 1. They are no lesse Iudges habitually then the King when the common affaires of the whole Kingdome necessitateth these Publique Watchmen to come together for even the King judgeth not actually but upon occasion 2. This is to beg the question to say that the Estates are not Iudges but when the King calleth them at such and such occasions for the Elders Princes and Heads of families and Tribes were Iudges ordinarie because they made the King And 2. the Kingdome by God yea and Church Iustice and Religion so far as they concerne the whole Kingdome are committed not to the keeping of the King only but to all the Iudges Elders and Princes of the Land And they are rebuked as evening wolves lyons oppressors Ezech. 22.27 Zaca 3.3 Esa. 3.14 15. Mic. 3.1 2 3. when they oppresse the people in judgement So are they Deut. 1.15 16 17. 2 Chron. 19.6 7. made Iudges and therefore they are no more to be restrained not to conveene by the Kings power which is in this accumulative and auxiliarie not privative then they can be restrained in judgement and in pronouncing such a sentence as the King pleased and not such a sentence Because as they are to answer to God for unjust sentences so also for no just sentences and for not conveening to judge when Religion and Iustice which are fallen in the streets calleth for them 3. As God in a law of nature hath given to every man the keeping and selfe-preservation of himselfe and of his brother Cain ought in his place to be the keeper of Abel his brother So hath God committed the keeping of the Commonwealth by a positive law not to the King only because that is impossible Num. 11.14 17. 2 Chron. 19.1 2 3 4 5 6. 1 Chron. 27. 4. If the King had such a power as King and so from God he should have power to breake up the meeting of all Courts of Parliament Secret Councell and all inferior Iudicatures And when the Congregation of gods as Ps. 82. in the midst of which the Lord standeth were about to pronounce just judgement for the oppressed and poere they might be hindred by the King and so they should be as just as the King maketh them and might pervert judgement and take away the righteousnesse of the righteous from him Esa. 5.23 because the King commandeth And the cause of the poore should not come before the Iudge when the King so commandeth And shall it excuse the Estates to say We could not judge the cause of the poore nor crush the Priests of Baal and the idolatrous Masse-Preltes because the King forbad us So might the King breake up the meeting of the Lords of Session when they were to decerne that Naboths vineyard should be restored to him and hinder the States to represse Tyranny And this were as much as if the States should say We made this man our King and with our good will we agree he shall be a Tyrant For if God gave it to him as a King we are to consent that he enjoy it 5. If Barclay and other flatterers have leave to make the Parliament but Counsellers and Advisers of the King and the King to be the only and sole Iudge 1. The King is by that same reason the sole Iudge in relation to all Iudges the contrary whereof is cleere Num. 11.16 Deut 1.15 16 17. 2 Chron. 19.6 Rom. 13.1 2. 1 Pet. 2.13 14. Yea but say they the King when he sendeth an Ambassadour he may tye him to a written Commission and in so far as he exceedeth that he is not an Ambassadour and cleare it is that all inferiour Iudges 1 Pet. 2.13 14. are but sent by the King ergo they are so Iudges as they are but messengers and are to adhere to the Royall pleasure of the Prince that
because he was anointed and designed by God as successor to Saul and so he must use an extraordinary way of guarding himselfe Arnisaeus citeth Alberic Gentilis that David was now exempted from amongst the number of Subjects Answ. There were not two Kings in Israel now both David and Saul 2. David acknowledgeth his subjection in naming Saul the Lords Anointed his Master Lord King and therefore David was yet a subject 3. If David would have proved his title to the Crowne by extraordinary wayes he who killed Goliah extraordinarily might have killed Saul by a miracle but David goeth a most ordinary way to work for self-defence and his comming to the Kingdom was through persecution want eating shew-bread in case of necessity defending himself with Goliahs sword 4. How was any thing extraordinary and above a Law seeing David might have killed his enemie Saul and according to Gods Law he spared him and hee argueth from a morall duty he is the Lords annoynted therefore I will not kill him was this extraoardinary above a law then according to Gods law he might have killed him Royalists cannot say so what ground to say one of Davids acts in his deportment toward Saul was extraordinary and not all was it extraordinary that David fled no or that David consulted the oracle of God what to do when Saul was coming against him 5. in an ordinary fact something ●ay be extraordinary as the dead sleep from the Lord upon Saul and his men 1. Sam. 26. and yet the fact according to its substance ordinary 6. Nor is this extraordinary that a distressed man being an excellent warriour as David was may use the help of six hundred men who by the law of charity are to help to deliver the innocent from death yea all Israel were obliged to defend him who killed Goliah 7. Royalists make Davids act of not putting hands on the Lords annointed an ordinary morall reason against resistance but his putting on of armour they will have extraordinary and this 〈◊〉 I confesse a short way to an adversary to cull out something t●at is for his cause and make it ordinary and something that is against his cause must be extraordinary 8. These men by the law of nature were obliged to joyne in armes with David ergo the non-helping of an oppressed man must be Gods ordinary law a blasphemous tenet 9. If David by an extraordinary spirit killed ●ot King Saul then the Jesuits way of killing must be Gods ordinary Law 2. David certainly intended to keep Keilah against King Saul for the Lord would not have answered David in an unlawfull fact for that were all one as if God should teach David how to play the Traitor to his King for if God had answ●red They will not deliver thee up but they shall save thee from the hand of Saul As David beleeved he might say this as well as its contradicent then David behoved to keep the city for certainly Davids question pre-supposeth he was to keep the city The example of Elisha the Prophet is considerable 2 Kings 6.32 But Elisha sate in his house and the Elders with him And the King sent a man before him but ●re the messengers came to him he said to the Elders See now the sonn● of a murtherer hath sent to take away mine head Here is unjust violence offered by King Ioram to an innocent man Elisha keepeth the house violently against the Kings Messenger as we did keep Castles against King Charles his unlawfull messengers Look saith he when the messenger commeth shut the doore 2. There is violence also commanded and resistence to be made Hold him fast at the doore In the Hebrew it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montan. Claudite ostium opprimetis eum in ostio Violently presse him at the doore And so the Chaldee Paraphrase Ierom. Ne sinatis eum introir● The LXX Interpreters 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 illidite eum in ostio Presse him betwixt the doore and the wall It is a word of bodily violence according to Vatablus Yea Theodoret will have King Ioram himselfe holden at the doore And 3. It is no Answer that D. Ferne and other Royalists give that Elisha made no personall resistance to the King himselfe but onely to the Kings cut-throat sent to take away his head Yea they say It is lawfull to resist the Kings cut-throats But the text is cleere that the violent resistance is made to the King himselfe also for he addeth Is not the sound of his Masters feet behinde him And by this answer it is lawfull to keep Townes with iron gates and barres and violently to oppose the Kings cut-throats comming to take away the heads of the Parliaments of both Kingdomes and of Protestants in the three Kingdomes Some Royalists are so impudent as to say that there was no violence here and that Elisha was an extraordinary man and that it is not lawfull for us to call a King the son of a murtherer as the Prophet Elisha did but Ferne sect 2. pag. 9. forge●ting himselfe saith from hence It is lawfull to resist the Prince himselfe thus farre as toward his blowes and hold his hands But let Ferne answer if the violent binding of the Princes hands that he shall not be able to kill be a greater violence done to his Royall person then Davids cutting off the lap of Sauls garment for certainly the Royall body of a Prince is of more worth then his cloathes Now it was a sinne I judge that smote Davids conscience that he being a subject and not in the act of naturall self-defence did cut the garment of the Lords Annointed Let Ferne see then how he will save his owne principles for certainly hee yeeldeth the cause for me I judge that the person of the King or any Judge who is the Lords Deputy as is the King is sacred and that remaining in that honourable case no subject can without guiltinesse before God put hands in his person the case of naturall self-defence being excepted for because the Royall dignity doth not advance a King above the common condition of men and the Throne maketh him not leave off to bee a man and a man that can do wrong and therefore as one that doth manifest violence to the life of a man though his subject he may be resisted with ●od●ly 〈◊〉 in the case of u●j●st and violent invasion It is a vaine thing to say Who shall be judge betweene the King and his subj●cts The ●ubject cannot judge the King because none can be judge in his owne cause and an inferiour or equall cannot judge a superiour or equall But I answer 1. This is the Kings owne cause also and he doth unjust violence as a man and not as a King and so he cannot be judge more then the subject 2. Every one that doth unjust violence as he is such is inferiour to the innocent and so ought to be judged by some 3. There is no need of