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. Arnisaeus Ant. de Domi. P. Bishop of Spalato and of other late Anti-Magistratical Royalists as The Author of Ossorianum D. Fern E. Symmons the Doctors of Aberdeen c. In XLIV QUESTIONS Published by Authority 1 SAM 12.25 But if you shall still do wickedly ye shall be consumed both ye and your King London Printed for Iohn Field and are to be sold at his house upon Addle-hill neer Baynards-Castle Octob. 7. 1644. The PREFACE WHo doubteth Christian Reader but innocencie must be under the courtesie and mercy of malice and that it is a reall martyrdome to be brought under the lawlesse Inquisition of the bloody tongue Christ the Prophets and Apostles of our Lord went to Heaven with the note of Traytors Seditious men and such as turned the world upside down calumnies of treason to Caesar were an ingredient in Christs cup and therefore the author is the more willing to drink of that cup that touched his lip who is our glorious forerunner what if conscience toward God and credit with men cannot both go to heaven with the Saints the author is satisfied with the former companion and is willing to dismisse the other Truth to Christ cannot be treason to Caesar and for his choise he judgeth truth to have a nearer relation to Christ Jesus then the transcendent and boundlesse power of a mortall Prince He considered that Popery and defection had made a large step in Britain and that Arbitrary Government had over-swelled all banks of Law that it was now at the highest float and that this sea approaching the farthest border of fancied absolutenes was at the score of ebbing and the naked truth is Prelats a wild and pushing cattle to the lambs and flock of Christ had made a hideous noyse the wheeles of their chariot did run an equall pace with the blood-thirsty mind of the Daughter of Babell Prelacie the daughter planted in her mothers blood must verifie that word As is the mother so is the daughter why but do not the Prelates now suffer True but their suffrings are not of blood or kindred to the calamities of these of whom Lactantius saith l. 5. c. 19. O quam honesta volunt ate miseri erant The causes of their suffring are 1. Hope of gain and glory stirring their Helme to a shoare they much affect even to a Church of Gold of Purple yet really of clay and earth 2. The lye is more active upon the spirits of men not because of its own weaknesse but because men are more passive in receiving the impressions of error then truth and opinions lying in the worlds fat wombe are of a conquering nature what ever notions side with the world to Prelates and men of their make are very efficacious There is another cause of the sicknesse of our time God plagued Heresie to beget Atheisme and security as Atheisme and security had begotten Heresie even as clouds through reciprocation of causes engender rain rain begate vapours vapours clouds and clouds rain so do sins overspread our sad times in a circular generation And now judgement presseth the kingdoms and of all the heaviest judgements the sword and of swords the civill sword threatneth vastation yet not I hope like the Roman civill sword of which it was said Bella geri placuit nullos habitura triumphos I hope this war shal be Christs Triumph Babylons ruine That which moved the author was not as my excommunicate adversary like a Thraso saith the escapes of some pens which necessitated him to write for many before me hath learnedly trodden in this path but that I might adde a new testimony to the times I have not time to examine the P. Prelates Preface only I give a tast of his gall in this preface and of a virulent peece of his agnosco stylum et genium Thrasonis In which he laboureth to prove how inconsistent presbyteriall government is with Monarchy or any other government 1 He denyeth that the Crown and Scepter is under any coactive power of Pope or Presbiterie or censurable or dethroneable to which we say Presbyteries professe that Kings are under the coactive power of Christs keyes of discipline and that Prophets and Pastors as Ambassadors of Christ have the keyes of the kingdom of God to open and let in beleeving Princes and also to shut them out if they rebel against Christ the law of Christ excepteth none Mat. 16.19 Mat. 18.15 16. 2 Cor. 10.6 Jer. 1.9.18 if the Kings sins may be remitted in a ministeriall way as Joh. 20.23 24. as Prelates and their Priests absolve Kings we think they may be bound by the hand that loosed Presbyteries never dethroned Kings never usurped that power Your father P. Prelate hath dethroned many Kings I mean the Pope whose power by your own confession cap. 5. pag. 58. differeth from yours by divine right only in extent 2 When sacred Hierarchy the order instituted by Christ is overthrown what is the condition of Soveraignty Ans. Surer then before when Prelates deposed Kings 2. I fear Christ shall never own this order 3 The Mitre cannot suffer and the Diadem be secured Ans. Have Kings no pillars to their thrones but Antichristian Prelates Prelates have trampled Diadem and Scepter under their feet as histories teach us 4 Doe they not Puritans magisterially determine that Kings are not of Gods creation by Authoritative Commission but only by permission extorted by importunity and way given that they may be a scourge to a sinfull people Ans. Any unclean spirit from Hell could not speak a blacker lye we hold that the King by office is the Churches nurse father a sacred Ordinance the deputed power of God but by P. P. his way all inferior Judges and Gods Deputies on earth who are also our fathers in the fifth Commandements stile are to be obeyed by no Divine law the King misled by P. Prelates shall forbid to obey them who is in right-down truth a mortall civill Pope may loose and liberate subjects from the tye of a Divine law 5 His inveying against ruling Elders and the rooting out of Antichristian Prelacie without any word of Scripture on the contrary I passe as the extravagancy of a male-content because he is deservedly excommunicated for Perjury Popery Socinianisme Tyranny over mens conscience and invading places of civill dignity and deserting his calling and the camp of
inviolable above all lawes as are Kings Is this an extolling of Kings 2. But where are Kings persons as men said to be of God as the Royaltie in abstracto iâ— The Prelate seeth beside his booke Psal. â—2 7 But ye shall die as men P. Prelate We begin with the Law in which as God by himself prescribed the essentialls substantialls ceremonies of his pietie worship gave order for justice pietie Deut. 17.14.15 the King is here originally immediately from God and independent from all others set over them Them is collective that is all every one Scripture knoweth not this State principle Rex est singulis major universis minor The person is expressed in concreto Whom the Lord thy God shall choose This peremptorie precept dischargeth the people all and every one diffusively representatively or in any imaginable capacity to attempt the appointing of a King but to leave it entirely and totally to God Almighty Answ. Begin with the Law but end not with Traditions If God by himselfe prescribed the essentialls of pietie and worship the other part of your distinction is that God not by himself but by his Prelates appointed the whole Romish Rites as accidentalls of pietie This is the Iesuites doctrine 2. This place is so far from proving the King to be independent and that it totally is Gods to appoint a King that it expresly giveth the people power to appoint a King for the setting of a King over themselves such a one and not such a one makes the people to appoint the King and the King to be lesse and dependent on the people seeing God intendeth the King for the peoples good and not the people for the Kings good This text shameth the Prelate who also confessed P. 22. That remotely and unproperly succession election and conquest maketh the King and so its lawfull for men remotely and improperly to invade Gods chaire P. Prelate Jesuites and Puritans say it was a priviledge of the Jews that God chose their King So Suarez Soto Navarra Answ. 1. The Jesuites are the Prelates brethren they are under one Banner we are in contrary Camps to Iesuites 2. The Prelate said himself Pag. 19. Moses Saul and David were by extraordinary revelation from God sure I am Kings are not so now The Jews had this priviledge that no nation had 1. God named some Kings to them as Saul David he doth not so now 2. God did tie Royaltie to Davids house by a Covenant till Christ should come he doth not so now Yet we stand to Deut. 17. P. Prelate Prov. 8.15 By me Kings reign If the people had right to constitute a King it had not been King Solomon but King Adonijah Solomon saith not of himself but indefinitely By me as by the Author efficient and constituent Kings reign Per is by Christ not by the people not by the high Priest State or Presbytery not Per me iratum by me in my anger as some Sectaries say Pauls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Ordinance by high Authoritie not revocable So Sinesius useth the word Aristotle Lucilius Appian Plutarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in me and by me as Doctor Andrews Kings indefinitely all Kings none may distinguish where the Law distinguisheth not they reign in concreto that same power that maketh Kings must unmake them Ans. 1. The Prelate cannot restrict this to Kings only it extendeth to Parliaments also Solomon addeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Consules 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all the Sirs and Princes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Magnificents and Nobles and more 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and all the Iudges of the earth they reign rule and decree jâ—stice by Christ. Here then Majors Sheriffs Provosts Constables are by the Prelate extolled as persons sacred irresistible Then 1. the Iudges of England rule not by the King of Britain as their Author efficient constituent but by Iesus Christ immediately nor doth the Commissary rule by the Prelate 2. All these and their power and persons rule independently and immediately by Iesus Christ. 3. All inferiour Iudges are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ordinances of God not revocable Ergo The King cannot deprive any Iudge under him he cannot declare the Parliament no Parliament once a Iudge and alwayes and irrevocably a judge This Prelates poor pleading for Kings deserves no wages Lavater intelligit superiores inferiores Magistratus non est potestas nisi a deo Vatablus consiliarios 2. If the people had absolute right to choose Kings by the Law of Israel they might have chosen another then either Adonijah or Solomon but the Lord expressely Deut. 17.14 put an expresse Law on them that they should make no King but him whom the Lord should chuse Now the Lord did either by his immediately inspired Prophet anoint the man as he anointed David Saul Iehu c. or then he restricted by a revealed promise the Royall power to a family and to the eldest by birth and therefore the Lord first chose the man and then the people made him King birth was not their rule as is clear in that they made Solomon their King not Adonijah the elder and this proveth that God did both ordain Kingly Government to the Kingdom of Israel and chose the man either in his person or tied it to the first born of the Line Now we have no Scripture nor Law of God to tie Royall dignitie to one man or to one family produce a warrant for it in the Word for that must be a priviledge of the Iews for which we have no Word of God but we have no immediately inspired Samuels to say Make David or this man King and no Word of God to say Let the first born of this family rather then another family sit upon the throne Therefore the people must make such a man King following the rule of Gods Word Deut. 17.14 and other rules shewing what sort of men Iudges must be as Deut. 1.16 17 18. 2 Chro. 19.6 7. 3. It is 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
body but as they transferre their power to the father 1. for their owne safetie and peace not if he use the power they give him to their destruction the same way they tye themselves to his first borne as to their King 2. As they chose the father not as a man but a man gifted with Royall grace and a Princely facultie for government so they can but tye themselves to his first borne as to one graced with a facultie of governing and if his first borne shall be borne an idiot and a foole they are not obliged to make him King for the obligation to the sonne can be no greater then the obligation to the father which first obligation is the ground measure and cause of all posterior obligations If Tutors be appointed to governe such an one the Tutors have the Royall power not the Idiot nor can he governe others who cannot governe himselfe That Kings goe not as heritage from the father to the sonne I prove 1. God Deut. 17. could not command them to choose such a one for the King and such a one who sitting on his throne shall follow the direction of God speaking in his word if birth were that which gave him Gods title and right to the Crowne for that were as much as such a man should be heire to his fathers inheritance and the sonne not heire to his fathers crown except he were such a man But God in all the Law morall or judiciall never required that the heire should be thus and thus qualified else he should not be heire but he requireth that a man and so that a familie should be thus and thus qualified else they should not be Kings and I confirme it thus The first King of divine institution must be the rule paterne and measure of all the rest of the Kings as Christ maketh the first Mariage Mat. 19.8 a paterne to all others and Paul reduceth the right administration of the Supper to Christs first institution 1 Cor. 11.23 now the first King Deut. 17.14 15. is not a man qualified by naked birth for then the Lord in describing the manner of the King and his due qualifications should seeke no other but this You shall choose onely the first borne or the lawfull sonne of the former King But seeing the King of Gods first moulding is a King by election and what God did after by promises and free grace give to David and his seed even a throne till the Mesiah should come and did promise to some Kings if they would walke in his Commandements that their sonnes and sonnes sonne should sit upon the Throne in my judgement is not an obliging Law that sole birth should be as just a title in foro Dei for I now dispute the question in point of conscience as royall unction 2. If by divine institution God have impawned in the peoples hand a subordinate power to the most High who giveth Kingdomes to whom he will to make and create Kings then is not sole birth a just title to the Crowne But the former is true both by precept Deut. 17.1 and God expresly saith Thou shalt choose him King whom the Lord shall choose And if it had not been the peoples power to create their own Kings how doth God after he had designed Saul their King yet expresly 1 Sam. 10. inspire Samuel 17. to call the people before the Lord at Mizpeh to make Saul King and how doth the Lord v. 22. expresly shew to Samuel and the people the man that they might make him King and because all consented not that Saul should be King God will have his Coronation renewed v. 14. Then said Samuel to the people Come and let us goe to Gilgall and renew the Kingdome there 15. And all the people went to Gilgall and there they made Saul King before the Lord in Gilgall And how is it that David anoynted by God is yet no King but a private subject while all Israel make him King at Hebron 3. If royall birth be equivolent to royall unction and the best title and if birth speake and declare to us the Lords appointment and Will that the first born of a King should be King as M. Symmons and others say then is all title by conquest where the former King standeth in title to the Crowne and hath an Heire unlawfull But the latter is against all the nation of the Royalists for Arnisaeus Barclay Grotius Io. Roffensis Episco the Bishop of Spalato Dr. Ferne M. Symmons the excommunicate Prelat if his poore learning may bring him in the roll teach that conquest is a lawfull title to a Crowne I prove the Proposition 1. because if birth speake Gods revealed Will that the Heire of a King is the lawfull King then conquest cannot speake the contradicent Will of God that he is no lawfull King but the conquerour is the lawfull King Gods revealed Will should be contradictory to himselfe and birth should speake it is Gods Will that the Heire of the former King be King and the conquest being also Gods revealed Will should also speake that that Heire should not be King 2. If birth speake and reveale Gods Will that the Heire be King it is unlawfull for a conquered people to give their consent that a conquerour be their King For their consent being contrary to Gods revealed Will which is that birth is the just title must be an unlawfull consent If Royalists 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
the society is obliged in conscience to goe and seek the sonne of a forraine King to be their King But I hope that such a royall birth should not be a just title before God to make him King of that society to which he had no relation at all but is a meere stranger Hence in this case no title could be given to any man to make him King but onely the peoples election which is that which we say And it is most unreasonable that a people under popular Government cannot lawfully choose a King to themselves seeing a King is a lawfull Magistrate and warranted by Gods Word because they have not a King of royall birth to sit upon the throne Mr. Symmons saith that birth is the best title to the Crowne because after the first of the family had been anoynted unction was no more used in that family unlesse there arose a strife about the Kingdome as betwixt Solomon and Adonijah Ioash and Athalia the eldest sonne of the predecessor was afterward the chosen of the Lord his birth-right spake the Lords appointment as plainly as his fathers unction Ans. It is a conjecture that unction was not used in the family after the first unction except the contest was betwixt two Brethren that is said not proved for 2 King 23.30 when good Iosiah was killed and there was no contest concerning the Throne of that beloved Prince the people of the Land took Iehoahaz his son and anointed him and made him King in his fathers stead and the Priests were anointed Levit. 6.22 yea all the Priests were anointed Num. 3. â— yet read we not in the History where this or this man was anointed 2. In that Adonijah Solomons elder Brother was not King it is clear That Gods anointing and the peoples electing made the right to the Crown and not birth 3. Birth de facto did design the man because of Gods speciall promises to Davids house but how doth a typicall discent made to David and some others by Gods speciall promise prove that birth is the birth-right and lawfull call of God to a Crown in all after ages For as gifts to reign goeth not by birth so neither doth Gods title to a Crown go M. Symons A Prince once possessed of a Kingdome coming to him by inheritance can never by any upon any occasion be dispossessed thereof without horrible impietie and unjustice Royall unction was an indeleble Character of old Saul remained the Lords anointed till the last gaspe David durst not take the right of Government actually into him although he had it in reversion being already anointed thereunto and had received the spirit thereof Answ. That is the question If a Prince once a Prince by inheritance cannot be dispossessed thereof without unjustice For if a Kingdom be his by birth as an inheritance transmitted from the father to the son I see not but any man upon necessary occasions may sell his inheritance but if a Prince sell his Kingdom a very Barclay and an Hug. Grotius with reason will say he may be dispossessed and dethroned and take up his indeleble Character then 2. A Kingdom is not the Princes own so as it is unjustice to take it from him as to take a mans purse from him the Lords Church in a Christian Kingdom is Gods heritage and the King onely a shepheard and the sheep in the court of conscience are not his 3. Royall unction is not an indeleble Character for neither Saul nor David were all their dayes Kings thereby but lived many dayes private men after divine unction while the people anointed them Kings except you say 1. That there were two Kings at once in Israel 2. And that Saul killing David should have killed his own Lord and his anointed 4. If David durst not take the right of Government actually on him then divine unction made him not King but onely designed him to be King the peoples election must make the King M. Symons addeth He that is born a King and a Prince can nâ—ver be unborn Semel Augustus semper Augustus yea I beleeve the eldest son of such a King is in respect of birth the Lords anointed in his fathers life time even as David was before Sauls death and to deprive him of his right of reversion is as true unjustice as to dispossesse him of it Answ. It is proper onely to Jesus Christ to be born a King sure I am No man bringeth out of the womb with him a Scepter and a Crown on his head Divine unction giveth a right infallibly to a Crown but birth doth not so for one may be born here to a Crown as was hopefull Prince Henry and yet never live to be King The eldest son of a King if he attempt to kill his father as Absolom did and raise forces against the lawfull Prince I conceive he may be killed in battell without any unjustice 2. If in his fathers time he be the Lords anointed there be two Kings and the heir may have a son and so there shall be three Kings possibly four all Kings by divine right The Prelate of Rochester saith The people and nobles give no right to him who is born a King they onely declare his right Answ. This is said not proved A man born for an inheritance is by birth an heir because he is not born for these Lands as a mean for the end but by the contrary these Lands are for the heir as the mean for the end But the King is for his Kingdom as a mean for the end as the watch-man for the Citie the living Law for peace and safetie to Gods people and therefore is not heres hominum An heir of men but men are rather heredes regis heirs of the King Arnisaeus Many Kingdoms saith he are purchased by just war and transmitted by the Law of heritage from the father to the son beside the consent of the people because the son receiveth right to the Crown not from the people but from his parents nor doth he possesse the Kingdom as the â—â—trimony of the people keeping onely to himself the burden of protecting and governing the people but as a proprietie given to him lege regni by his parents which he is obliged to defend and rule as a father looketh to the good and welfare of the family yet so also as he may look to his own good Answ. We read in the Word of God That the people made Solomon King not that David or any King can leave in his Testament a Kingdom to his son 2. He saith The son hath not the right of reigning as the patrimony of the people but as a proprietie given by the Law of the Kingdom by his parents Now this is all one as if he said The son hath not the right of the Kingdom as the patrimony of the people but as the patrimony of the people which is good non-sense For the proprietie of reigning given from father
to son by the Law of the Kingdom is nothing but a right to reign given by the Law of the people and the very gift and patrimony of the people for Lex regni This Law of the Kingdom is the Law of the people tying the Crown to such a Royall Family and this Law of the people is prior and ancienter then the King or the right of reigning in the King or which the King is supposed to have from his Royall father because it made the first father the first King of the Royall Line For I demand How doth the son succeed to his fathers Crown and Throne Not by any promise of a divine Covenant that the Lord maketh to the father as he promised that Davids seed should sit on his throne till the Messiah should come this as I conceive is vanished with the Common-wealth of the Iews nor can we now finde any immediate divine constitution tying the Crown now to such a race nor can we say this cometh from the will of the father King making his son King For 1. there is no Scripture can warrant us to say The King maketh a King but the Scripture holdeth forth that the people made Saul and David Kings 2. This may prove That the father is some way a cause why this son succeedeth King but he is not the cause of the Royaltie conferred upon the whole Line because the question is Who made the first father a King Not himself nor doth God now immediately by Prophets anoint men to be Kings then need force the people choose the first man then must the peoples election of a King be prior and more ancient then the birth-law to a Crown And election must be a better right then birth 2. The question is Whence cometh it that not onely the first father should be chosen King but also â—hence is that whereas it is in the peoples freewill to make the succession of Kings go by free election as it is in Denmark and Pol yet the people doth freely choose not only the first man to be King but also the whole race of the first born of this mans Family to be Kings All here must be resolved in the free will of the Communitie now since we have no immediate and propheticall enthroning of men it is evident That the lineall deduction of the Crown from father to son through the whole line is from the people not from the parent Hence I adde this as my sixth Argument That which taketh away that naturall aptitude and natures birth-right in a Communitie given to them by God and nature to provide the most efficacious and prevalent mean for their own preservation and peace in the fittest Government that is not to be holden but to make birth the best title to the Crown and better then free election taketh away and impedeth that naturall aptitude and natures birth-right of chosing not simply a Governour but the best the justest the more righteous and tyeth and fettereth their choice to one of a house whether he be a wise man and righteous and just or a fool and an unjust man therefore to make birth the best title to the Crown is not to be holden It is objected That parents may binde their after Generations to choose one of such a line But by this Argument their naturall birth-right of a free choice to elect the best and fittest is abridged and clipped and so the posterity shall not be tyed to a King of the Royall Line to which the Ancestors did swear See for this the learned Author of Scripture and Reasons pleaded for defensive Arms. Answ. Frequent elections of a King at the death of every Prince may have by accident and through the corruption of our nature bloody and tragicall sequels and to eschew these people may tie and oblige their children to chose one of the first born Male or Female as in Scotland and England of such a line but I have spoken of the excellencie of the title by election above that of birth as comparing things according to their own nature together but give me leave to say That the posterity are tyed to that Line 1. Conditionally So the first born ceteris paribus be qualified and have an head to sit at the helm 2. Elections of Governours would be performed as in the sight of God and in my weak apprehension the person coming neerest to Gods judge Fearing God hating covetousnesse and to Moses his King Deut. 17. one who shall read in the Book of the Law and it would seem now that gracious morals are to us insteed of Gods immediate designation 3. The genuine and intrinsecall end of making Kings is not simply governing but governing the best way in peace honesty and godlinesse 1 Tim. 2. Ergo These are to be made Kings who may most expeditely procure this end neither is it my purpose to make him no King who is not a gracious man onely here I compare title with title 7. Argument Where God hath not bound the conscience men may not binde themselves or the consciences of the posterity But God hath not bound any nation irrevocably and unalterably to a Royall Line or to one kinde of Government Ergo No nation can binde their conscience and the conscience of the posterity either to one Royall Line or irrevocably and unalterably to Monarchy The proposition is clear 1. No Nation is tyed jure divinâ— by the tie of a divine Law to a Monarchy rather then to another Government The Parisian Doctors prove That the precept of having a Pope is affirmative and so tyeth not the Church ad semper for ever and so the Church is the body of Christ without the Pope and all oaths to things of their nature indifferent and to things the contrary whereof is lawfull and may be expedient and necessary lay on a tie onely conditionally in so far as they conduce to the end If the Gibeonites had risen in Joshuaes dayes to cut off the people of God I think no wise man can think that Joshua and the people were tyed by the oath of God not to cut off the Gibeonites in that case For to preserve them alive as enemies was against the intent of the oath which was to preserve them alive as friends demanding and supplicating peace and submitting The assumption is clear If a Nation seeth that Aristocraticall Government is better then Monarchy hic nunc That the sequels of such a Monarchy is bloody destructive tyrannous that the Monarchy compelleth the free subjects to Turcisme to grosse Idolatry they cannot by the divine bond of any oath captive their naturall freedom which is to choose a Government and Governours for their safetie for a peaceable and godly life or fetter and chain the wisdom of the posterity unalterably to a Government or a Royall Line which hic nunc contrary to the intention of their oath proveth destructive and bloody And in this case even the
King whom the people maketh King though he were a bloodier and more tyrannous man then Saul Any Tyrant standeth in titulo so long as the People and Estates who made him King have not recalled their grant so as neither David nor any single man though six hundred with him may unking him or detract obedience from him as King So many acts of disloyaltie and breachcs of lawes in the Subjects though they be contrary to this Covenant that the States make with their Prince doth not make them to be no Subjects and the Covenant mutuall standeth thus 3 Arg. If the people as Gods instruments bestow the benefit of a Crown on their King upon condition that he will rule them according to Gods word then is the King made King by the people conditionally but the former is true Ergo so is the latter The assumption is proved thus because to be a King is to be an adopted father tutor a Politick servant and Royall watchman of the State and the Royall honour and Royall maintenance given to him is a reward of his labours and a Kingly hire And this is the Apostles argument Rom. 13.6 For this cause pay you tribute also there is the wages for they are Gods ministers attending continually upon this very thing There is the worke Qui non implet conditionem à se promissam cadit beneficio It is confirmed thus The people either maketh the man their Prince conditionally that he rule according to Law or absolutely so that he rule according to will or lust or 3. without any vocall transactions at all but only brevi manu say Reigne thou over us and God save the King And so there be no conditions spoken on either side Or 4. The King is obliged to God for the condition which he promiseth by oath to performe toward the people but he is to make no reckoning to the people whether he performe his promise or no for the people being inferiour to him and he solo Deo minor only next and immediate to God the people can have no jus no law over him by vertue of any covenant But the first standing we have what we seeke The second is contrary to Scripture He is not Deut. 17.15 16. made absolutely a King to rule according to his will and lust for Reigne thou over us should have this meaning Come thou and play the Tyrant over us and let thy lust and will be a law to us which is against naturall sense nor can the sense and meaning be according to the third That the people without any expresse vocall and positive covenant give a Throne to their King to rule as he pleaseth because 1. it is a vain thing for the Prelate and other Mancipia Aulae Court-bellies to say Scotland and England must produce a written authentick covenant betwixt the first King and their People because say they it s the Lawes word De non apparentibus non existentibus eadem lex that covenant which appeareth not it is not For in positive covenants that is true and in such contracts as are made according to the Civill or Municipall lawes or the secondary law of Nations But the generall covenant of nature is presupposed in making a King where there is no vocall or written covenant if there be no conditions betwixt a Christian King and his people then those things which are just and right according to the law of God and the rule of God in moulding the first King are understood to regulate both King and People as if they had been written and here we produce our written covenant Deut. 17.15 Josh. 1.8 9. 2 Chr. 31 32.1 Because this is as much against the King as the people and more for if the first King cannot bring forth his written and authentick tables to prove that the Crown was given to him and his heires and his successors absolutely and without any conditions so as his will shall be a law cadit causa he loseth his cause say they The King is in possession of the Royall power absolutely without any condition and you must put him from his possession by a law I answer this is most false 1. Though he were in mala fide and in unjust possession the law of Nature will warrant the people to repeal their right and plead for it in a matter which concerneth their heads lives and soules 2. The Parliaments of both Kingdomes standing in possession of a nomothetick power to make lawes proveth cleerely that the King is in no possession of any Royall dignitie conferred absolutely and without any condition upon him and therefore it is the Kings part by law to put the Estates out of possession And so though there were no written covenant the standing law and practice of many hundreth acts of Parliament is equivalent to a written covenant 2. When the people appointeth any to be their King the voyce of Nature exponeth their deed though there be no vocall or written covenant For that fact of making a King is a morall lawfull act warranted by the word of God Deut. 17.15 16. Rom. 13.1.2 and the law of Nature and therefore they having made such a man their King they have given him power to be their father feeder healer protector and so must only have made him King conditionally so he be a father a feeder and tutor Now if this deed of making a King must be exponed to be an investing with an absolute and not a conditionall power this fact shall be contrary to Scripture and to the law of Nature for if they have given him Royall power absolutely and without any condition they must have given to him power to be a father protector tutor and to be a tyrant a murtherer a bloody lyon to waste and destroy the people of God 3. The Law permitteth the bestower of a benefit to interpret his own mind in the bestowing of a benefit even as a King and State must expone their own Commission given to their Ambassadour so must the Estates expone whether they bestowed the Crown upon the first King conditionally or absolutely For the 4th if it stand then must the people give to their first elected King a power to wast and destroy themselves so as they may never controle it but only leave it to God and the King to reckon together but so the condition is a Chimera We give you a Throne upon condition you swear by him who made heaven and earth that you will govern us according to Gods Law and you shall be answerable to God only not to us whether you keep the covenant you make with us or violate it but how a covenant can be made with the people and the King obliged to God not to the people I conceive not 2. This presupposeth that the King as King cannot doe any sin or commit any act of tyranny against the people but against God only because if he be obliged to God only as a
given to inferiour Iudges Exod. 22.8 9. Ioh. 10.35 These who are appointed Iudges under Moses Deut. 1.16 are called in Hebrew or Chaldee 1 Kings 8.1 2. Chap. 5.2 Mic. 3.1 Iosh. 23.2 Num. 1.16 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rasce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fathers Act. 7.2 Iosh. 14.1 c. 19.51 1 Chro. 8 28. Healers Esai 3.7 Gods and sonnes of the most High Psal. 82.1.2.6.7 Prov 8.16 17. I much doubt if Kings can infuse Godheads in their Subjects I conceive they have from the God of Gods these gifts whereby they are inhabled to be Iudges and that Kings may appoint them Iudges but can do no more they are no lesse essentially Iudges then themselves 8. If inferiour Iudges be Deputies of the King not of God and have all their authority from the King then may the King limit the practise of these inferiour Iudges Say that an inferiour Iudge hath condemned to death an Paricide and he be conveying him to the place of execution the King commeth with a force to rescue him out of his hand if this inferiour Magistrate beare Gods sword for the terrour of ill doers and to execute Gods vengeance on murtherers he cannot but resist the King in this which I judge to be his Office for the inferiour Iudge is to take vengeance on ill doers and to use the coactive force of the sword by vertue of his Office to take away this Paracide now if he be the Deputy of the King he is not to breake the jawes of the wicked Iob 29.17 not to take vengeance on evill doers Rom. 13.4 nor to execute judgement on the wicked Ps. 149 9. nor to execute judgment for the fatherlesse De. 10.18 except a mortall man his Creator the King say Amen Now truly then God in all Israel was to rebuke no inferiour Iudge for perverting judgement As he doth Exod. 23.2.6 Mic. 3.2 3 4. Zach. 3.3 Numb 25.5 Deut. 1.16 For the King onely is Lord of the conscience of the inferiour Iudge who is to give sentence and execute sentence righteously upon condition that the King the onely univocall and proper Iudge first decree the same as Royalists teach Heare our Prelate How is it imaginable that Kings can be said to Iudge in Gods place and not receive the power from God but Kings Iudge in Gods place Deut. 1.17 2 Chro. 19.6 Let no man stumble this is his Prolepsis at this that Moses in the one place and Iehosaphat in the other speake to subordinate Iudges under them this weakeneth no waies our Argument for it is a ruled case in Law Quod quis facit per alium facit per se all Iudgements of inferiour Iudges are in the name authority and by the power of the supreme and are but communicatively and derivatively from the Soveraigne power Ans. How is it possible that inferiour Iudges Deut. 1.17 2. Chron. 19.6 can be said to judge in Gods place and not receive the power from God immediatly without any consent or covenant of men So the Prelate But inferiour Iudges judge in the Gods place as both the P. Prelate and Scripture teach Deut. 1.17 2. Chro. 19.6 Let the Prelate see to the stumbling conclusion for so he feareth it proves to his bad cause 2. He saith the places Deut. 1.17 2 Chro. 19.6 prove that the King judgeth in the Roome of God because their Deputies judge in the place of God The Prelate may know we would deny this stumbling and â—â—me consequence for 1. Moses and Iehosaphat are not speaking to themselves but to other inferiour Iudges who doth publickly exhort them Moses and Iehosaphat are perswading the regulation of the personall actions of other men who might pervert Iudgement 2. The Prelate is much upon his Law after he had forsworne the Gospell and Religion of the Church where he was baptized What the King doth by another that he doth by himselfe but were Moses and Jehosaphat feared that they should pervert Iudgement in the unjust Sentence pronounced by under Iudges of which Sentence they could not know any thing And doe inferiour Iudges so judge in the name authority and power of the King as not in the Name Authority and Power of the Lord of Lords and King of Kings or is the Iudgement the Kings no the Spirit of God saith no such matter the Iudgement executed by those inferiour Iudges is the Lords not a mortall Kings ergo a mortall King may not hinder them to execute Iudgement Obj. He cannot suggest an unjust Sentence and command an inferiour Iudge to give out a sentence absolvatory on cut-throates but he may hinder the execution of any sentence against Irish cut-throates Ans. It is all one to hinder the execution of a just sentence and to suggest or command the inferiour Iudge to pronounce an unjust one for inferiour Iudges by conscience of their Office are both to judge righteously and by force and power of the sword given to them of God Rom. 23.2 3 4. to execute the sentence and so God hath commanded inferiour Iudges to execute Iudgement and hath forbidden them to wrest Iudgement to take gifts except the King Command them so to doe Master Symmonâ— The King is by the Grace of God the inferiour Iudge is Iudge by the grace of the King even as the man is the image of God and the woman the mans image Ans. This distinction is neither true in Law nor conscience not in Law for it distinguisheth not betwixt Ministros regis ministros regni The servants of the King are his domesticks the Iudges are Ministri regni non regis the Ministers and Iudges of the Kingdome not of the King The King doth not show grace as he is a man in making such a man a Iudge but Iustice as a King by a Royall Power received from the people and by an Act of Iustice he makes Iudges of deserving men he should neither for favour nor bribes make any Iudge in the Land 2. It is the grace of God that men are to be advanced from a private condiâ—ion to be inferiour Iudges as Royall Dignity is a free gift of God 1 Sam. 2.7 The Lord bringeth low and lifteth up Ps. 757. God putteth downe one and seteth up another Court flatterers take from God and give to Kings but to be a Iudge inferiour is no lesse an immediate favour of God then to be King though the one be a greater favour then the other Magis honos and Majoâ— honos are to be considered 9. Arg. Those powers which dâ—ffer gradually and per magis minus by more and lesse only differ not in nature and spece and constitute not Kings and inferiour Iudges different univocally But the power of Kings and inferiour Iudges are such therefore Kings and inferiour Iudges differ not univocally That the powers are the same in nature I prove 1. by the specifice acts and formall object of the power of both for 1. both are power ordained of God Rom. 13.1
his people P. Prelate To reason from the one part and end of Monarchicall government The safetie of the Subjects to the destruction and weakning of the other part of the end of the power of Soveraigntie and the Royall prerogative is a caption à divisis If the King be not happy and invested with the full power of a Head the Body cannot be well By Anti-Monarchists The people at the beginning were necessitated to commit themselves lives and fortunes to the government of a King because of themselves they had not wisedome and power enough to doe it and therefore they enabled him with honour and power without which he could not doe this being assured that he could not choose but most earnestly and carefully endeavour this end to wit his own and the peoples happines Ergo the safetie of the people issueth from the safetie of the King as the life of the naturall body from the soule Weake Government is neare to Anarchie Puritans will not say Quovis modo esse etiam poenale is better then non esse The Scripture saith the contrary It were better for some never to have been borne then to be Tyranny is better then no Government Ans. 1. He knowes not Sophismes of Logick who calleth this Argument à divisis for the Kings Honour is not the end of the Kings Government He should seeke the safetie of State and Church not himself Himselfe is a private end and a step to Tyranny 2. The Prelate lyeth when he maketh us to reason from the safetie of the Subject to the destruction of the King Ferne Barclay Grotius taught the hungry Scholler to reason so Where read he this The People must be saved That is the Supreme law Ergo destroy the King The Devill and the Prelate both shall not fasten this on us But thus we reason When the man who is the King endeavoreth not the end of his Royall place but through bad counsell the subversion of Lawes Religion and bondage of the Kingdome The free Estates are to joyne with him for that end of Safetie according as God hath made them heads of Tribes and Princes of the people And if the King refuse to joyne with them and will not doe his dutie I see not how they are in conscience liberated before God from doing their part 3. If the P. Prelate call resisting the King by lawfull defensive wars the destruction of the Head He speaketh with the mouth of one excommunicated and delivered up to Sathan 4. We endeavour nothing more then the safetie and happinesse of the King as King but his happinesse is not to suffer him to destroy his Subjects subvert Religion arme Papists who have slaughtered above two hundred thousand innocent Protestants only for the profession of that true Religion which the King hath sworne to maintaine Not to rise in armes to helpe the King against these were to gratifie him as a Man but to be accessarie to his soules destruction as a King 5. That the Royall Prerogative is the end of a Monarchie ordained by God neither Scripture Law nor Reason can admit 6. The people are to intend the safetie of other Iudges as well as the Kings If Parliaments be destroyed whose it is to make Lawes and Kings the People can neither be safe free to serve Christ nor happy 7. It is a lie that people were necessitated at the beginning to commit themselves to a King for we read of no King while Nimrod arose Fathers of families who were not Kings and others did governe till then 8. It was not want of wisedome for in many and in the people there must be more wisdome then in one man but rather corruption of nature and reciprocation of injuries that created Kings and other Iudges 9. The King shall better compasse his end to wit the safetie of the people with limited power placent mediocria and with other Iudges added to helpe him Num. 11.14 16. Deut. 1.12 13 14 15. then to put in one mans hand absolute power for a sinfull mans head cannot beare so much new wine such as exorbitant power is 10. He is a base flatterer who saith The King cannot choose but earnestly and carefully endeavour his own and the peoples happinesse that is the King is an Angel and cannot sinne and decline from the duties of a King Of the many Kings of Judah and Israel how many chose this All the good Kings that have been may be written in a gold ring 11. The peoples safetie dependeth indeed on the King as a King and a happy Governour but the people shall never be fattened to eat the winde of an imaginarie Prerogative Royall 12. Weake Government that is a King with a limited power who hath more power about his head nor within his head is a strong King and farre from Anarchy 13. I know not what he meaneth but Arminius his Masters way and words are here for Arminians say That being in the damned eternally tormented is no benefit it were better they never had being then to be eternally tormented and this they say to the defiance of the Doctrine of eternall Reprobation in which we teach That though by accident and because of the Damned their abuse of being and life it were to them better not to be as is said of Iudas yet simpliciter comparing being with non-being and considering the eternity of miserable being in relation to the absolute liberty of the Former of all things who maketh use of the sinfull being of Clay-vessells for the illustration of the glory of his Iustice and power Rom. 9.17 22. 1 Pet. 2.8 Iude v. 4. It is a censuring of God and his unsearchable Wisedome and a condemning of the Almighty of cruelty God avert blasphemy of the unspotted and holy Majesty who by Arminian grounds keepeth the Damned in life and being to be fuell eternally for Tophet to declare the glory of his Iustice. But the Prelate behoved to goe out of his way to salute and gratifie a proclaimed enemy of free Grace Arminius and hence he would inferre That the King wanting his Prerogative Royall and fulnesse of absolute power to doe wickedly is in a penall and miserable condition and that it were better for the King to be a Tyrant with absolute liberty to destroy and save alive at his pleasure as is said of a Tyrant Dan. 5. v. 19. then to be no King at all And here consider a Principle of Royalists Court faith 1. The King is no King but a lame and miserable Iudge if he have not irresistable power to wast and destroy 2. The King cannot be happy nor the people safe nor can the King doe good in saving the needy except he have the uncontrollable and unlimited power of a Tyrant to crush the poore and needy and lay wast the mountaine of the Lords inheritance such Court-ravens who feede upon the soules of living Kings are more cruell then Ravens and Vultures who are but dead carcasses Williams
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
for a straw and supposed Prerogative Royall Now certainly Prerogative and Absolutenes to doe good and ill must be inferior to a Law the end whereof is the safetie of the People For David willeth the pestilence may take him away and so his Prerogative that the People may be saved 2 Sam. 24.17 for Prerogative is cumulative to doe good not privative to doe ill and so is but a meane to defend both the Law and the People 2. Prerogative is either a power to doe good or ill or both If the first be said it must be limited by the End and Law for which it is ordained A meane is no farther a meane but in so far as it conduceth to the end the safetie of all If the second be admitted it is Licence and Tyrannie not power from God If the third be said both reasons plead against this that Prerogative should be the Kingâ— end in the present warres 3. Prerogative being a power given by the mediation of the people yea suppose which is false that it were given immediately of God yet it not a thing for which the King should raise war against his Subjects for God will aske no more of the King then he giveth to him The Lord reapeth not where he soweth not If the Militia and other things be ordered hitherto for the holding off Irish and Spanish invasion by Sea and so for the good of the Land seeing the King in his own person cannot make use of the Militia he is to rejoyce that his Subjects are defended The King cannot answer to God for the justice of warre on his part It is not a case of conscience that the King should shed blood for to wit because the under-Officers are such men and not others of his choosing seeing the Kingdome is defended sufficiently except where Cavaliers destroy it And to me this is an unanswerable argument that the Cavaliers destroy not the Kingdomes for this Prerogative Royall as the principall ground but for a deeper designe even for that which was working by Prelates and Malignants before the late troubles in both Kingdomes 4. The King is to intend the safetie of his People and the safety of the King as a Governour but not as this King and this man Charles that is a selfe end a King David is not to looke to that for when the people was seeking his life and crown he saith Ps. 3.8 Thy blessing upon thy People He may care for and intend that the King and Government be safe for if the Kingdome be destroyed there cannot be a new Kingdome and Church on earth againe to serve God in that generation Psal. 89.47 but they may easily have a new King againe and so the safetie of the one cannot in reason be intended as a collaterall end with the safetie of the other for there is no imaginable comparison betwixt one man with all his accidents of Prerogative and Absolutenesse and three Nationall Churches and Kingdomes Better the King weep for a Childish trifle of a Prerogative than Poperie be erected and three Kingdomes be destroyed by Cavaliers for their own ends 5. The Dictators power is 1. a fact and proveth not a point of Conscience 2. His power was in an exigence of extreme danger of the Commonwealth The P. Prelate pleadeth for a constant absolutenesse above Lawes to the King at all times and that jure Divino 3. The Dictator was the Peoples creature ergo the Creator the People had that soveraigntie over him 4. The Dictator was not above a King but the Romanes ejected Kings 5. The Dictators power was not to destroy a State 2. He might be and was resisted 3. He might be deposed Prelate The safetie of the People is pretended as a Law that the Jewes must put Christ to death and that Saul spared Agag Ans. No shadow for either in the word of God Caiaphas prophecied and knew not what he said But that the Iewes intended the salvation of the Elect in kilâ—ing Christ or that Saul intended a publick good in sparing Agag shall be the Prelates Divinitie not mine 2. What howbeit many should abuse this Law of the peoples safety to wrong good Kings it ceaseth not therefore to be a Law and licenseth not ill Kings to place a Tyrannicall Prerogative above a just Dictate of nature In the last Chapter the Prelate hath no reasons onely he would have Kings holy and this he proveth from Apocrypha Books because he is ebbe in holy Scripture but it is Romish holinesse as is cleer 2. He must preach something to himself that the King adore a tree-Altar Thus Kings must be most reverend in their gestures pag. 182. 3. The King must hazard his sacred life and three Kingdoms his Crown Royall posterity to preserve sacred things that is Antichristian Romish Idols Images Altars Ceremonies Idolatry Popery 4. He must upon the same pain maintain sacred persons that is greasie Apostate Prelates The rest I am weary to trouble the Reader withall but know ex ungue leoâ—em QUEST XXVI Whether the King be above the Law or no WE may consider the question of the Laws supremacie over the King either in the supremacie of constitution of the King 2. or of direction or 3. of limitation or 4. of coaction and punishing Those who maintain this The King is not subject to the Law if their meaning be The King as King is not subject to the Laws direction They say nothing for the King as the King is a living Law then they say The Law is not subject to the Laws direction a very improper speech or The King as King is not subject to the coaction of the Law that is true for he who is a living Law as such cannot punish himself as the Law saith 1. Assert The Law hath a supremacy of constitution above the King 1. Because the King by nature is not King as is proved Ergo he must be King by a politique constitution and Law and so the Law in that consideration is above the King because it is from a civil Law that there is a King rather then any other kinde of Governour 2. It is by Law that amongst many hundred men this man is King not this man and because by the which a thing is constituted by the same thing it is or may be dissolved therefore 3. As a Community finding such and such qualifications as the Law requireth to be in a King in this man not in this man therefore upon Law-ground 5. They make him a King and upon Law-grounds and just demerit they may unmake him again for what men voluntarily doe upon condition the condition being removed they may undoe again 2. Assert It is denyed by none but the King is under the directive power of the Law though many liberate the King from the coactive power of a civil Law But I see not what direction a civil Law can give to the King if he be above all obedience or
lawfull power of a King to do good is not by divine Institution placed in an indivisible point It is not a sin for the people to take some power even of doing good from the King that he solely and by himself shall not have power to pardon an involuntary homicide without advice and the judiciall suffrages of the Councell of the Kingdom least he insteed of this give pardons to Robbers to abominable Murtherers and in so doing the people robbeth not the King of the power that God gave him as King nor ought the King to contend for a sole power in himself of ministring justice to all for God layeth not upon Kings burdens unpossible and God by Institution hath denied to the King all power of doing all good because it is his Will that other Iudges be sharers with the King in that power Num. 14.16 Deut. 1.14 15 16 17. 1 Pet. 2.14 Rom. 13.1 2 3 4. And therefore the Duke of Venice to me cometh neerest to the King moulded by God Deut. 17. in respect of power de jure of any King I know in Europe And in point of conscience the inferiour Iudge discerning a murtherer and bloody man to die may in foro conscientiae despise the Kings unjust pardon and resist the Kings force by his sword and coactive power that God hath given him and put to death the bloody murtherer and he sinneth if he do not this for to me it is clear The King cannot judge so justly and understandingly of a murtherer in Scotland as a Iudge to whom God hath committed the sword in Scotland Nor hath the Lord laid that unpossible burden on a King to judge so of a murther four hundreth miles removed from the King as the Iudge nearer to him as is clear by Num. 14.16 1 Sam. 7.15 16 17. The King should go from place to place and judge and whereas it is unpossible to him to go thorow three Kingdoms he should appoint faithfull Iudges who may not be resisted no not by the King 2. The question is If the King command A. B. to kill his father his pastour the man neither being cited nor convicted of any fault may lawfully be resisted 3. Queritur If in that case in which the King is captived imprisoned and not sui juris and awed or over-awed by bloody Papists and so is forced to command a barbarous and unjust War and if being distracted Physically or Morally through wicked Counsell he command that which no father in his sober wits would command even against Law and Conscience That the sons should yeild obedience and subjection to him in maintaining with lives and goods a bloody Religion and bloody Papists If in that case the King may not be resisted in his person because the power lawfull and the sinfull person cannot be separated We hold the King using contrary to the oath of God and his Royall Office violence in killing against Law and Conscience his Subjects by bloody Emissaries may be resisted by defensive Wars at the commandment of the Estates of the Kingdom But before I produce Arguments to prove the lawfulnesse of resistance a little of the case of resistance 1. Doct. Ferne part 3. sect 5. pag. 39. granteth resistance by force to the King to be lawfull 1. When the assault is sudden 2. Without colour of a Law and Reason 3. Inevitable But if Nero burn Rome he hath a colour of Law and Reason yea if all Rome and his mother in whose Womb he lay were one neck A man who will with reason go mad hath colour of Reason and so of Law to invade and kill the innocent 2. Arnisaeus saith If the Magistrate proceed extra-judicialiter without order of Law by violence the Laws giveth every private man power to resist if the danger be irrecoverable yea though it be recoverable L. prohibitum C. de jur fisc l. quemadmodum 39. § Magistratus ad l. Aquil. l. nec Magistratibus 32. de injur Because while the Magistrate doth against his office he is not a Magistrate for Law and right not injury should come from the Magistrate L. meminerint 6. C. unde vi Yea if the Magistrate proceed judicially and the losse be irrecoverable Jurists say That a private man hath the same Law to resist Marantius dis 1. n. 35. And in a recoverable losse they say every man is holden to resist si evidenter constet de iniquitate If the iniquity be known to all D. D. Iason n. 19. dec n. 26. ad l. ut vim de just jur 3. I would think it not fit easily to resist the Kings unjust Exactors of custome or tribute 1. Because Christ payed tribute to Tiberius Caesar an unjust usurper though he was free from that by Gods Law least he should offend 2. Because we have a greater dominion over Goods then over our Lives and Bodies and it is better to yield in a matter of Goods then to come to Arms for of sinlesse evils we may choose the least 4. A Tyrant without a Title may be resisted by any private man Quia licet vim vi repellere Because we may repell violence by violence yea he may be killed Vt l. vim F. de iustit jure ubi plene per omnes Vasquez l. 1. c. 8. n. 33. Barcla contra Monarcho l. 4 c. 10. pag. 268. For the lawfulnesse of resistance in the matter of the Kings unjust invasion of life and Religion we offer these Arguments 1. That power which is obliged to command and rule justly and religiously for the good of the subjects and is only set over the people on these conditions and not absolutely cannot tye the people to subjection without resistance when the power is abused to the destruction of Lawes Religion and the subjects But all power of the Law is thus obliged Rom. 13.4 Deut. 17. vers 18 19 20. 2 Chron. 19.6 Ps. 132.11 12. Ps. 89.30 31. 2 Sam. 7.12 Ier. 17.24 25. and hath and may be abused by Kings to the destruction of Lawes Religion and Subjects The Proposition is cleare for the powers that tye us to subjection only are of God 2. Because to resist them is to resist the ordinance of God 3. Because they are not a terrour to good workes but to evill 4. Because they are Gods Ministers for our good but abused powers are not of God but of men or not ordinances of God they are a terrour to good workes not to evill they are not Gods Ministers for our good 2. That power which is contrary to Law and is evill and Tyrannicall can tye none to subjection but is a meere Tyrannicall power and unlawfull and if it tye not to subjection it may lawfully be resisted But the power of the King abused to the destruction of Lawes Religion and subjects is a power contrary to Law evill and Tyrannicall and tyeth no man to subjection wickednesse by no imaginable reason can oblige any man Obligation to
Vertue with vertuous men and just be maintained But the corrupt Person placed in this Authoritie may offend and most commonly doe contrary to this Authoritie and is then the corruption of Man to be followed by reason that it is clothed with the name of Authoritie And they give instance in Pharaoh and Saul who were lawfall Kings and yet corrupt Men. And certainly the Man and the Divine authoritie differ as the Subject and the Accident as that which is under a Law and can offend God and that which is neither capable of Law nor sinne 13. The King as King is a jâ—st creature and by office a living and breathing Law His Will as he is King is nothing but a just Law But the King as a sinfull man is not a just creature but one who can sinne and play the Tyrant and his Will as a private sinfull man is a private Will and may be resisted So the Law saith The King as King can doe no wrong but the King as a Man may doe a wrong While as then the Parliaments of both Kingdomes resist the Kings private will as a Man and fight against his illegall Cut-throats sent out by him to dâ—stroy his native subjects they fight for him as a King and obey his publick Legall will which is his Royall will de jure and while he is absent from his Parliaments as a man he is Legally and in his Law-Power present and so the Parliaments are as Legall as if he were personally present with them Let me answer Royalists The P. Prelate saith it is Solomons word By me Kings raign Kings in concreto with their Soveraignty he saith not By me Royalty or Soveraignty raigneth And elsewhere he saith that Barclay saith Paul writing to the Romans keepeth the Roman usuall diction in this who expresse by Powers in abstracto the persons authorized by Power and it is the scriptures Dialect By him were created thrones Dominions Principalities that is Angels to say Angels in abstracto were created 2 Pet. 2.10 They speak ill of dignities Iud. 8. dispise dominion That is they speak ill of Cajus Caligula Nero our Levites rail against the Lords Anoynted the best of Kings in the world Nero Rom. 13.4 in concreto beareth not the sword in vain Arnisaeus saith it better thâ—n the Prelate he is a witlesse theef Rom. 13.4 the Royall Power in abstracto doth not bear the sword but the Person not the Power but the Prince himself beareth the sword And the Prelate poor man following Doctor Fern saith It s absurd to pursue the Kings Person with a canon-bullet at Edge-hill and preserve his authority at London or elsewhere So saith Fern 16. sect 10. pag. 64. The concret Powers here are purposed as objects of our obedience which cannot be directed but upon power in some person for it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Powers that are are of God now Power cannot be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 existent but in some person and Pag. 69. saith Fern can Power in the abstract have praise Or is tribute payed to the Power in the abstract Yea the Power is the reason why we yeeld obedience to the person c. and the Prelate hath as much learning as to coppy out of Fern and Barclay Arniseus and others these words and the like but hath not wit to adde the sinewes of these Authors reason and with all this he can in his Preface call it his own and provoke any to answer him if they dare whereas while I answer this excommunicated Pamphletter I answer these learned Authors from which he stealeth all he hath and yet he must perswade the King he is the onely man can defend his Majesties Cause and the importunity forsooth of friends extorted this peece as if it were a fault that this Delphick Oracle giving out railings and lies for responses should be silent 2. Not we onely but the Holy Ghost in terminis hath this distinction Act. 4.19 and 5.29 We ought to obey God rather then men Them Rulers for of Rulers sitting in judgement is that speech uttered commanding and tyrannizing over the Apostles are men contradistinguished from God and as they command and punish unjustly they are but men otherwise commanding for God they are Gods and more then men 2. From Theophylact also or from Chrysostome on Rom. 13. we have this The Apostle speaketh not say they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. Soveraigntie or Royaltie doth not properly reign or bear the sword or receive praise and this accident doth not bear a sword nor do we think or Paul speak Rom. 13. of the abstracted Jew of power and Royaltie subsisting out of its subject nor dream we that the naked accident of Royall Authority is to be feared and honoured as the Lords anointed the person or man who is the King and beareth the Crown on his head and holdeth the scepter in his hand is to be obeyed accidentes are not persons but they speak non-sense and like brute beasts who deny that all the kingly honour due to the King must be due to him as a King and because of the Royall dignity that God hath given to him and not because he is a man for a Pursevants son is a man and if a Pursevants son would usurpe the throne and take the Crown on his head and the scepter in his hand and command that all souls be subject to such a superior Power because he is a man the Lawes of Scotland would hang a man for a lesse fault we know and the P. Prelate was wont to edifie women and converted souls to Christ with such a distinction as objectum quod and objectum quo in the Pulpits of Edenburgh and it hath good use here we never took abstract Royalty to be the King The Kings of Scotland of old were not second notions and we exclude not the person of the King yet we distinguish with leave of the P. Prelate betwixt the person in linea physica we must take physica largly heer and in linea morali obedience fear tribute honour is due to the person of the King and to the man who is King not because of his person or because he is a man the P. Prelate may know in what notion we take the name Person but because God by the peoples election hath exalted him to Royall dignity and for this cause illdoers are to subject their throats and necks to the sword of the Lords Annoynteds executioner or hangman with patience and willingly because in taking away the head of ill doers for ill doing he is acting the Office of the Lord by whom he Raigneth but if he take away their heads and send out the long-tusked Vultures and Boares of Babylon the Irish Rebells to execute his wrath as he is in that act a mis-informed man and wanteth the authority of Gods Law or mans Law he may be resisted with Armes For 1. If Royalists say against this then if a King turne
Sauls emissaries Because then he should have been in an immediate and nearest posture of actuall self-defence Now the case is farre otherwayes between the King and the two Parliaments of England and Scotland for the King is not 1. Sleeping in his emissariâ—s for he hath armies in two kingdomes and now in threâ— kingdomes by sea and land night and day in actuall pursuit not of one David but of the estates and a Christian community in England and Scotland and that for Religions Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrâ—ry or Tyranicall government and law-government and Therefore by both the Lawes of the politique societies of both Kingdomes and by the Law of God and nature we are to use violent re-offâ—nding for sâ—lf-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the suffâ—r â—awes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoâ—nted my Master the King concludeth universally that the King in his most Tyrannous acts still remaining the Lords Anoynted cannot be resisted Ans. 1. David speaketh of stretching out his haâ—d against the person of King Saul no man in the three Kingdomes did so much as attempt to do violence to the Kings person But this argument 2. is inconsequent for a King invading in his own Royall person the innocent subject 1. Suddainly 2. Without colâ—ur of Law and reason 3. Unavoidably may be personally resistâ—d and that with opposing a violence bodily yet in that invasion he remaineth the Lords Annoynted 2. By this argument the life of a murtherer cannot be taken away by a Judge for he râ—maineth one endued with Gods image and keepeth stil the nature of a man under all the murthers that he doth but it followeth no wayes that because God hath indowed his person with a sort of Royalty of a Divine image that his life cannot be taken and certainly if to be a man endued with Gods image Gen. 6.9 10. and to bee an ill doer worthy of evill punishment are different to be a King and an ill doer may be distinguished The grounds of self-defence are these A woman or a young man may violently oppose a King if he force the one to adultery and incest and the other to Sodomy Though Court-flatterers should say the King in regard of his absolutenesse is Lord of life and death yet no man ever said that the King is Lord of chastity faith and oath that the wife hath made to her husband 2. Particular nature yeelds to the good of universall nature for which cause heavie bodies ascend aerie and light bodies descend If then a wilde Bull or a goaring Oxe may not be let loose in a great market-confluence of people and if any man turne so distracted as he smite himselfe with stones and kill all that passe by him or come at him in that case the man is to be bound and his hands fettered and all whom he invadeth may resist him were they his owne sons and may save their owne lives with weapons much more a King turning a Nero King Saul vexed with an evill spirit from the Lord may be resisted and faâ—re more if a King indued with use of reason shall put violent hands on all his subjects kill his son and heire yea any violently invaded by natures law may defend themselves and the violent restraining of such an one is but the hurting of one man who cannot be virtually the Common-wealth but his destroying of the community of men sent out in warres as his bloody emissaries to the dissolution of the Common-wealth 3. The cutting off of a contagious member that by a Gangrene would corrupt the whole body is well warranted by nature because the safety of the whole is to be preferred to the safety of a part Nor is it much that Royalists say the King being the head destroy him the whole body the Common-wealth is dissolved as cut off a mans head the life of the whole man is taken away Because 1. God cutteth off the spirits of tyrannous Kings and yet the Common-wealth is not dissolved no more then when a Leopard or a wilde Boare running through children is killed it can be the destruction of all the children in the land 2. A king indefinitely is referred to the Common-wealth as an adequat head to a Monarchicall Kingdome and remove all Kings and the politique body as Monarchicall in its frame is not Monarchicall but it leaveth not off to be a politique body seeing it hath other Judges but the naturall body without the head cannot live 2. This or that tyrannous King being a transient mortall thing cannnot be referred to the immortall Common-wealth as it is adequat correlate They say the King never dieth yet this King can dye an immortall politique body such as the Common-wealth must have an immortall head and that is a King as a King not this or that man possibly a tyrant who is for the time and eternall things abstract from time onely a King 4. The reason of Fortunius Garcias a skilfull Lawyer in Spaine is considâ—rable Coment in l. ut vim vi ff de justit jure God hath implâ—nted in every creature naturall inclinations and motions to preserve it selfe and we are to love our self for God and have a love to preserve our selves rather then our neighbour and Natures law teacheth every man to love God best of all and next our selves more then our neighbour for the Law saith Thou shalt love thy neighbour as thy selfe then saith Malderus com in 12. q. 26. tom 2. c. 10. concl 2. The love of our selfe is the measure of the love of our neighbour But the rule and the measure is more perfect simple and more principall then the thing that is measured It is true I am to love the salvation of the Church it comming neerer to Gods glory more then my owne salvation as the wishes of Moses and Paul do prove and I am to love the salvation of my brother more then my owne temporall life but I am to love my owne temporall life more then the life of any other and therefore I am rather to kill then to be killed the exigence of necessity so requiring Nature without sin aimeth this as a truth in the case of losse of life Proximus sum egomet mihi Ephes. 5.28 29. He that loveth his wife loveth himselfe for no man ever yet hated his owne flesh but nourisheth it and cherisheth it even as the Lord the Church As then nature tyeth the dam to defend the young birds and the Lyon her whelps and the husband the wife and that by a comparative re-offending rather then the wife or children should be killed yea hee that is wanting to his brother if a robber unjustly invade his brother and helpeth him not is a murtherer of his
Ergo they must have the power of the sword hence upon the same grounds Assert 2. That the King onely hath the power of warre and raising Armies must be but a positive civill Law For 1. by divine right if the inferiour Judges have the sword given to them of God then have they also power of Warre and raising Armies 2. All power of warre that the King hath is cumulative not privative and not distructive but given for the safety of the Kingdome as therefore the King cannot take from one particular man the power of the sword for naturall self-preservation because it is the birth-right of life neither can the King take from a community and Kingdome a power of rising in Armes for their owne defence If an Armie of Turks shall suddenly invade the Land and the Kings consent expresse cannot be had for it is essentially involved in the office of the King as King that all the power of the swoâ—d that he hath be for their safety or if the King should as a man refuse his consent and interdict and discharge the Land to rise in Armes yet they have his Royall consent though they want his personall consent in respect that his office obligeth him to command them to rise in Armes 2. Because no King no Civill power can take away Natures birth-right of self-defence from any man or a community of men 2. Because if a King should sell his Kingdome and invite a bloody Conquerour to come in with an Armie of men to destroy his people impose upon their conscience an Idolatrous Religion they may lawfully rise against that Armie without the Kings consent for though Royalists say they need not come in asinine patience and offer their throats to cut-throats but may flee yet two things hindereth a flight 1. They are obliged by vertue of the first Commandement to re-man and with their sword defend the Cities of the Lord and the King 2 Sam. 10.12 1 Chron. 19.13 for if to defend our Country and children and the Church of God from unjust invaders and cut-throats by the sword be an act of charity that God and the Law of Nature requireth of a people as is evident Prov. 24.11 and if the fift Commandement oblige the Land to defend their aged Parents and young children from these invaders and iâ— the sixt Commandement lay on us the like bond all the Land are to act works of mercy and charity though the King unjustly command the contrary except Royalists say that we are not to performe the duties of the second Table commanded by God if an earthly King forbid us and if we exercise not acts of mercy toward our brethren when their life is in hazard to save them wee are murtherers and so men may murther their neighbour if the King command them so to doe this is like the Court-faith 2. The Kinâ—s power of warres is for the safety of his people if he deny his conseâ—t to their raising of Armes till they be destroyed he playeth the Tyrant not the King and the law of Nature will necessiâ—ate them either to defend themselves seeing slight of all in that case is harder then death else they must be guilty of self-murther Now the Kings commandement of not rising in Armes at best is positive and against the nature of his Office and it â—loweth then from him as from a man and so must be farre inferiour to the naturall Commandement of God which commandeth self-preservation if wee would not be guilty of self-murther and of obeying men rather then God So Althusius Polit. c. 25. n. 9. Halicarnas l. 4. Antiq. Rom. Aristo Pol. l. 3. c. 3. 3. David tooke Goliahs sword and became a Captaine a Captaine to an hoast of armed men in the battaile and fought the battailes of the Lord 1 Sam. 25.28 and this Abigal by the spirit of prophecy as I take it saith ver 29 30 31. 1 Sam. 22.2 1 Chron. 12.1.2.3.17.18.21.22 not onely without Sauls consent but against King Saul as he was a man but not against him as hee was King of Israel 4. If there be no King or the King be minor or an usurper as Athalia be on the Throne the Kingdome may lawfully make war without the King as Iudges cap. 20. The children of Israel foure hundred thousand footemen that drew sword went out to warre against the children of Benjamin Iudah had the power of the sword when Iosiah was but eight yeares old in the beginning of his reigne 2 King 22.1 2. and before Iehoash was crowned King and while he was minor 2 King 11. there were Captaines of hundreds in armes raised by Iehoiada and the people of Iudah to defend the young King It cannot be said that this is more extraordinary then that it is extraordinary for Kings to die and in the interregnum warres in an ordinary providence may fall out in these Kingdoms where Kings goe by election and for Kings to fall to be Minors Captives Tyrannous And I shall be of that opinion that Mr Symmons who holdeth That Royall birth is equivalent to divine unction must also hold that election is not equivalent to divine unction for both election and birth cannot be of the same validity the one being naturall the other a matter of free choise which shall infer that Kings by election are lesse properly and analogically onely Kings and so Saul was not properly a King for he was King by election but I conceive that rather Kings by birth must be lesse properly Kings because the first King by Gods institution being the mould of all the rest was by election Deut. 17.18.19.20 5. If the estates create the King and make this man King not this man as is clear Deut. 17.18 and 2 Chron. 5.1 2 3 4. they give to him the power of the Sword and the power of War and the Militia and I shall judge it strange and reasonlesse that the power given to the King by the Parliament or estates of a free Kingdom such as Scotland as acknowledged to be by all should create regulate limit abridge yea and anull that power that created it self hath God ordained a Parliamentary power to create a Royal power of the sword and war to be placed in the King the Parliaments creature for the safety of Parliament and Kingdome which yet is destructive of it selfe D. Ferne saith that the King summoneth a Parliament and giveth them power to be a Parliament and to advise and counsell him and in the meane time Scripture saith Deut. 17.18 19 20. 1 Sam. 10 20 21 22 23 24 25. 2 Sam. 5.1 2 3 4. that the Parliament createth the King heir's admirable reciprocation of creation in policie and shall God make the mother to destroy the daughter The Parliamentarie power that giveth Crown Militia sword and all to the King must give power to the King to use sword and war for the destruction of the Kingdome and to annull all the power of Parliaments to
obligeth me not to acts of charity when I in all reason see them unpossible but a multitude who had strength did well to rescue innocent Ionathan out of the hands of the King that he should not be put to death yet one man was not tyed by the law of nature to rescue Ionathan if the King and Prince had condemned him though unjustly 2. The hoast of men that helped David against King Saul 1 Sam. 22.2 entered in a lawfull war and 1 Chron. 12.18 Amasa by the spirit of the Lord blesseth his helpers peace peace be unto thee and peace be to thy helpers for thy God helpeth the. Ergo Peace must be to the Parliament of England and to their helpâ—rs their brethren of Scotland 3. Numb 32.1.2.3.16.17.18.19 Iosh. 1.12.13.14 The children of Gad and of Reuben and the half tribe of Manasseh though their inheritance fell to be in this side of Iordan yet they were to goe over the river armed to fight for their brethren while they had also possâ—ssion of the land at the commandement of Moses and Joshua 4. So Saul and Israel hâ—lped the men of Iabesh Gilead conjoyned in blood with them against Nahash the Ammonite and his unjust conditions in plucking out their right eyes 1 Sam. 11. 5. Iephtha Iudg. 12.2 justly rebuketh the men of Ephraim because they would not help him and his people against the Ammonitâ—â— 6. If the communion of Saints be any bound that England and we have one Lord one faith one Baptisme one head and Saviour Iesus Christ then are we obliged to help our bleeding sister Church against these same common enemies Papists and Prelates but the former is undenyably true for 1. We send help to the Rotchel if there had not been a secret betraying of our brethren we send help to the recovery of the Palatinate and the aide of the confederat Princes against Babels strength and power and that lawfully but we did it at great leisure and coldly Q. Elizabeth helped Holland against the King of Spain And beside the union in Religion 1. We sayle in one ship together being in one Iland under one King and now by the mercy of God have sworne one Covenant and so must stand or fall together 7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland An. 1585. at the desire of the Generall Assembly 1583. to joyne forces together at home and enter in League with Protestant Princes and Estates abroad to maintaine the Protestant Religion against the bloody confederacy of Trent and accordingly this League betweene the two Crownes was subscribed at Berwick An. 1586. and the same renewed An. 1587 1588. as also the confession of Faith subscribed when the Spanish Armado was on our coasts 8. The Law of God commanding that we love our neighbour as our selfe and therefore to defend one another against unjust violence l. ut vim ff de just jur obligeth us to the same except we thinke God can be pleased with lippâ—-love in word onely which the Spirit of God condemneth 1 Ioh. 2.9 10. cap. 3.16 and the summe of Law and Prophets is that as we would not men should refuse to help us when we are unjustly oppressed so neither would we so serve our afflicted brethren l. in facto ff de cond demonstr § Si uxor Iustit de nupt 9. Every man is a keeper of his brothers life there is a voluntary homicide when a man refuseth food or physick necessary for his owne life and refuseth food to his dying brother and men are not borne for themselves And when the King defendeth not subjects against their enemies all fellow-subjects by the law of Nature of Nations the Civill and cannon Law have a naturall priviledge to defend one another and are mutuall Magistrates to one another when there be no other Magistrates If an Army of Turks or Pagans would come upon Britaine if the King were dead as he is civilly dead in this juncture of time when he refuseth to helpe his subjects one part of Britaine would help another As Iehoshaphat King of Iudah did right in helping Ahab and Israel so the Lord had approved of the warre If the left hand be wounded and the left eye put out nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye and so are they obliged to helpe one another 10. As we are to beare one anothers burthens and to help our enemies to compassionate strangers so far more these who make one body of Christ with us 11. Meroz iâ— under a curse who helpeth not the Lord one part of a Church another A woe lieth on them that are at ease in Zion and helpeth not afflicted Ioseph so farre as they are able 12. The law of Gratitude obligeth us to this England sent an Armie to free both our soules and bodies from the bondage of Popery and the fury of the French upon which occasion a Parliament at Leith Anno 1560. established Peace and Religion and then after they helped us against a faction of Papists in our owne bosome for which we take Gods name in a prayer seeking grace never to forget that kindnesse 13. When Papists in Armes had undone England if God give them victory they should next fall on us and it should not be in the Kings power to resist them When our enemies within two dayes journey are in Armes and have the person of our King and his judgement and so the breathing Law of the two Kingdomes under their power we should but sleepe to be killed in our nest if we did not arise and fight for King Church Countrey and Brethren Object By these and the like grounds when the Kings Royall Person and life is in danger he may use Papists as subjects not as Papists in his owne naturall self-defence Answ. Hell and the Devill cannot say that a thought was in any heart against the Kings person He sleeped in Scotland safe and at Westminster in his owne Palace when the Estates of both Kingdomes would not so much as take the water-pot from his bed-side and his Speare and Satan instilled this traiterous lye first in Prelates then in Papists 2. The King professeth his maintenance of the true Protestant Religion in his Declarations since he tooke Armes but if Saul had put Armes in the hands of Baals Priests and in an Armie of Sidonians Philistims Ammonites professing their quarrell against Israel was not to defend the King but their Dagon and false gods cleere it were Sauls Armie should not stand in relation of helpers of the Kings but of advancers of their owne Religion Now Irish Papists and English in Armes presse the King to cancell all Lawes against Popery and make Laws for the free liberty of Masse and the full power of Papists then the King must use Papists as Papists in these warres QUEST XXXVIII Whether Monarchy be the best of governments NOthing more unwillingly
intermedia a middle power not so vast as that which is absolute and tyrannicall which yet is some way humane this I take Iurists call jus regium lex regia jura Regalia regis Cicero jura Majestatis Livius jura imperii and these Royall priviledges are such common and high dignities as no one particular magistrate can have seeing they are common to all the kingdom as that Cesar only should coyne money in his own name Hence the penny â—â—ven to Christ because it had Cesars image and superscription Matâ— 22.20 21. Infer by way of argumentation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. give therefore tribute to Cesar as his due so the Magazine and Armory for the safety of the Kingdom is in the Kings hand the King hath the like of these priviledges because he is the common supreame publick officer and Minister of God for the good of the whole Kingdom and amongst these Royall priviledges I reckon that power that is given to the King when he is made King to do many things without warrant of the letter of the law without the expresse consent of his counsell which he cannot alwayes carry about with him as the law saith The King shall not raise armes without consent of the Parliament but if an army of Irish or Danes or Spanyards should suddenly land in Scotland he hath power without a formally conveened Parliament to command them all to rise in armes against these invadeâ—s and defend themselves this power to inferiour Magistrate hath as he is but such a Magistrate And in many such exigences when the necessity of justice or grace requireth an extemporall exposition of Lawes Pro re natâ for present necessary execution some say onely the Emperour others all Kings have these priviledges I am of the minde of Arnisaeus that these priviledges are not rewards given to Princes for their great paines For the King is not obliged to governe the Common-wealth because he receiveth these Royall Priviledges as his reward but because by office he is obliged to govâ—rne the common-wealth therefore these priviledges are given to him and without them he could not so easily governe But I am utterly against Arnisaeus who saith these are not essentiall to a King Because saith he he createth Marquesses Dukes c. and Nobles constituteth Magistrates not because of His Royall Dignity but by reason of his absolute power for many Princes have supreame power and cannot make Nobles and therefore to him they are jura majestatis non â—ura potestatis But 1. The King suppose a limited King may â—nd ought to make nobles for he may conferre honours as a reward of vertue none can say Pharoah by his absolute authority and not as a King advanced Ioseph to be a noble Ruler we cannot say that for there was merit and worth in him deserving that honour and Darius not by absolute authority but on the ground of well-deserving the rule by which Kings are obliged in justice to confer honours promoted Daniel to be the first president of all his kingdomes because Dâ—n 6.3 An excellent spirit was in him and in Justice the King could nobilitate none rather then Daniel except he should fail against the rule of conferring honours It is acknowledged by all that honos est proemium virtutis honour is founded upon vertue and therefore Darius did not this out of his absolute Majesty but as King 2. All Kings as Kings and by a Divine Law of God and so by no absolutenesse of Majesty are to make men of wisdome fearing God hating covetousnesse Judges under them Deut. 1.13 2 Chro. 19.6 7. Psal. 101.6 7 8. 3. If we suppose a King to be limited as Gods King is Deut. 17.18 19 20. Yet is it his part to confer honours upon the worthiest Now if he have no absolutenesse of Majesty he cannot confer honours out of a principle that is none at all unum quodque sicut est ita operatur and if the people confer honours then must Royalists grant that there is an absolute Majesty in the people why then may they not derive Majesty to a King and why then do Royalists talk to us of Gods immediate creating of Kings without any interveening action of the people 4. By this absolutnesse of Majesty Kings may play the Tyrant as Samuel 1 Sam. 8.9 10 11 12 13 14. foretelleth Saul would do But I cannot beleeve that Kngs have the same very officiall absolute power from whence they do both acts of grace goodnesse and justice such as are to expone Laws extemporally in extraordinary cases to confer honours upon good and excellent men of grace to pardon offenders upon good grounds and also doe acts of extreme Tyrannie For out of the same fountaine doth not proceed both sweet water and bitter Then by this absolutenesse Kings cannot doe acts of goodnesse justice and grace and so they must doe good as Kings and they must doe acts of tyrannie as men not from absolutenesse of majesty 5. Inferiour Magistrates in whom there is no absolutenesse of Majesty according to Royalists way may expound laws also extemporally and doe acts of justice without formalities of civill or municipall laws so they keep the genuine intent of the Law as they may pardon one that goeth up to the wall of a City and discovereth the approach of the enemie when the watchmen are sleeping though the Law be That any ascending to the wall of the Citie shall die Also the inferiour Judge may make Judges and Deputies under himselfe 6. This Distinction is neither grounded upon Reason or Lawes nor on any Word of God Not the former as is proved before for there is no absolute power in a King to do above or against law all the officiall power that a King hath is a Royall power to do good for the safety and good of his subjects and that according to law and reason and there is no other power given to a King as a King and for Scripture Arnisaeus ibid. alledgeth 1 Sam. 8. The manner or law of the King ver 9.11 And he saith it cannot be the custome and manner of the King but must be the law of absolute Majesty 1. Because it was the manner of inferiour judges as Tyberius said of his judges to flea the people when they were commanded to shear them onely 2. Samuels sons who wrested judgment and perverted the law had this manner and custome to oppresse the people as did the sons of Eli and therefore without reason is it called the law of Kings jus regum if it was the law of the judges for if all this law be Tyrannicall and but an abuse of Kingly power the same law may agree to all other Magistrates who by the same unjust power may abuse their power but Samuel as Brentius observeth homi 27. in 1 Sam. in princ doth meane here a greater license then Kings can challenge if at any time they would make use of their plenitude of absolute
where the last left Ans. What ever ungrate Courtier had hand in the death of King Iames deserved to come under Tryall 2. He feareth they sacrifice some man Ans. If Parliaments have not power to cut off Rebels and corrupt Iudges the root of their being is undone 2. If they be lawfull Courts none needeth feare them but the guilty 3. He feareth their Consultations be long and the supply must be present Ans. Then Cavaliers intend Parliaments for Subsidies to the King to foment and promote the warre against Scotland not for Iustice. 2. He that feareth long and serious consultations to rip up and launce the wounds of Church and State is affraid that the wounds be cured 4. He feareth they deny Subsidies which are due by the Law of God Nature and Nations whereas Parliaments have but their deliberation and consent for the manner of giving otherwise this is to sell Subsidies not to give them Ans. Tribute and the standing Revenues of the King are due by the Law of God and Nations but Subsidies are occasionall Rents given upon occasion of Warre or some extraordinary necessity and they are not given to the King as Tribute and standing Revenues which the King may bestow for his House Family and Royall Honour but they are given by the Kingdome rather to the Kingdome then to the King for the present warre or some other necessity of the Kingdome and therefore are not due to the King as King by any Law of Nature or Nations and so should not be given but by deliberation and judiciall sentence of the States and they are not sold to the King but given out by the Kingdome by Statute of Parliament to be bestowed on the Kingdome and the King should sell no Acts of Justice for Subsidies 5. He dare not speake of the consequences if the King grant Bills of Grace and part with the flowers of the Crowne Ans. He dare not say The people shall vindicate their liberty by selling Subsidies to buy branches of the Prerogative Royall and diminishing the Kings fancied absolutenesse so would Prelates have the King absolute that they may ride over the soules purses persons estates and Religion of men upon the horse of pretended absolutenesse 6. He feareth the Parliament fall upon Church businesse but 1. The Church is too weake already if it had more power the King might have more both obedience and service 2. The Houses can be no competent Iudges in point of Doctrine 3. For the King Clergy and Convocation are Iudges in all causes Ecclesiasticall Ans. 1. This striketh at the root of all Parliamentary power 1. The P. P. giveth them but a poore deliberative power in Subsidies and that is to make the Kings Will a Law in taking all the subjects goods from them to foment warre against the subjects 2. He taketh all jurisdiction from them â—ver Persons though they were as black Traitors as breathe 3. And spoileth them of all power in Church matters to make all Iudges yea and the King himselfe yield blind obedience to the Pope and Prelate and their illuminated Clergie Sure I am P. Maxwell imputeth this but most unjustly to Presbyteries What essentiall and fundamentall priviledges are left to Parliaments David and the Parliament of Israel are impertinent Iudges in the matter of bringing home the Ark of God And for the Churches weaknesse that is the weaknesse of the damned Prelates shall this be the Kings weaknesse Yes the P.P. must make it true No Bishop no King 7. He feareth factious spirits will take heart to themselves if the King yield to them without any submission of theirs Ans. The Princes and Iudges of the Land are a company of factious men and so no Parliament no Court but at best some good advisers of a King to breake up the Parliament because they refuse Subsidies that he may be a lawlesse way extort Subsidies 8. He desireth the Parliament may sit a short time that they may not well understand one another Ans. He loveth short or no justice from the Parliament he feareth they reforme Gods house and execute justice on men like himselfe But I returne to the Scotish Parliament Assert 2. The Parliament is to regulate the power of the King The heritable Sheriffes complaine that the King granteth Commissions to others in cases perteining to their office Whereupon the Estates Par. 6. K. Iam. 5. Act. 82. dischargeth all such Commissions as also appointeth that all Murtherers be judged by the Iustice generall only And in severall Acts the King is inhibited to grant pardons to malefactors K. Ia. 6. Act. 75. P. 11. It is to be considered that King Iames in his Basilicon Doron layeth down an unsound ground that Fergus the first father of 107 Kings of Scotland conquered this Kingdom The contrary whereof is asserted by Fordome Major Boethius Buchannan Hollanshed who run all upon this Principle That the Estates of the Kingdome did 1. Choose a Monarchie and freely and no other Government 2 That they freely elected Fergus to be their King 3. King Fergus frequently conveened the Parliament called Inâ—ulanorum Duces Tribuum Rectores Majorum consessus Conventus Ordinum conventus Statuum Communitatum Regni Phylarchi Primores Principes patres and as Hollanshed saith they made Fergus King therefore a Parliament must be before the King yea and after the death of King Fergus Philarchi coeunt concione advocatâ the Estates convened without any King and made that fundamentall Law Regni electivi That when the Kings Children were minores any of the Fergusian Race might be chosen to Reigne and this indured to the daies of Kennethus and Redotha Rex 7. resigneth and maketh over the Government into the hands of the Parliament and Philarchi Tribuum Gabernatores ordained Therius the 8. King Buchanan l. 4. Rer. Scot. calleth him Reutha and said he did this Populo egrè permittente then the Royall Power recurred to the fountaine Therius the 8. a wicked man filled the Kingdome with Roberies fearing that the Parliament should punish him fled to the Britaines and thereupon the Parliament choose Connanus to be Prorex and protector of the Kingdome Finnanus R. 10. Decreed Ne quid Reges quod majoris esset momenti nisi de publici consilii authoritate juberent ne domestico consilio remp administrarent regia publicaque negotia non sine patrum consultatione ductuque tractarentur nec bellum pacem aut faedera reges per se patrum Tribuumve Rectorum injussu facerent demerentue Then it is cleare that Parliaments were consortes imperii and had Authority with and above the King When a Law is made that the Kings should doe nothing Injussu rectorum tribuum without commandement of the Parliament a Cabinet Counsell was not lawfull to the Kings of Scotland So Durstus Rex XI sweareth to the Parliament Se nihil nisi de primorum consilio acturum That he shall doe nothing but by counsell of the Rulers and Heads of
Murthers by himselfe and the inferior Iudges yet may not the King imploy any of these against the Kingdome 3. They are the Kings as he is King quoad officialem Regalem publicam proprietatem for he hath a Royall and Princely propriety to all these as his own in so far as he useth them according to Law And thus they are 4. The Kings also quoad usum in regard of officiall use But they are the Kingdomes quoad fructum in regard of the effect and fruit 2. They are the Kingdomes finaliter being destinated for the safetie and securitie of the Kingdome 3. They are the Kingdomes quoad proprietatem propriam legalem stricté sumptam according to the proper and legall proprietie And are not the Kings proper heritage as he is a Man 1. Because he may not sell these Forts Strengths Ports Magazine Bridges c. to a stranger or a Forraigne Prince 2. When the King is dead and his Heires and Royall line interrupted these all remaine proper to the Kingdome yet so as the State cannot as they are Men make them away or sell them more then the King for no Publike persons yea the Multitude cannot make away the securitie safetie and that which necessarily conduceth to the securitie of the Posteritie The Lord build his owne Zion and appoint Salvation for walls and bulwarks FINIS ERRATA In the Preface p. 4. l. 5. for who is r. which is PAge 14. Line 9. for he read they ib. l. 39. for is r. it s p. 24. l. 19. adde not ib. l. 27. r. Satan p. 28. l. penult for Ant. r. for p. 47. l. 38. for yet as r. as yet p. 52. l. 28. for rest r. right p. 91. l. 36. r. nature p. 96. l. 33. for is r. in p. 97. l. 21. for him r. her p. 98. l. 10. for 2. r. 3. ib. l. 13. for 3. r. 4. l. 17. for 4. r. 5. for fol. 92 93. r. 108 109. p. 121. l. 8 for far r. for p. 158. l. 31. for or r. is a. p. 171. l. 22. for re-joyned r. are joyned p. 179 l. 31. for nor r. were p. 186. l. 28. for are r. or p. 195. l. 10. for dispute r. dispence p. 201 l. 37. for is r. in p. 203. l. 13. dele by p. 224. l. 9 r. in so far as it is p. 228. l. 37. for it r. it s p. 234. l. 8. r. Malderus p. 235. l. 37. dele come p. 271. l. 2. for them r. then p. 280 l. 16. for traddit r. tradidit for fol. 313. r. 290. sequent p. 325. l. 23. for excito r. exercito p. 332. l. 29. for aimeth r. owneth p. 336. l. 33. for works r. worker p. 343 l. 16. dele not p. 351. l. 35. for first r. fift p. 373. l. penult for first r. fift ib. l. ult for re-man r. remain p. 388. l. 10. for needlesse r. needfull p. 392. l. 22. for accidere r. occidere p. 405. l. antepenult for right r. rite p. 406. l. 26. for devide r. denude p. 444 forâ—ive â—ive r. suae p. 451. l. 8. for neither r. either Sacr. san Epist. dediâ— Sacr. san reg maj c. 5. A refutation of the P. P. Pamphlet touching the inconsistency of the Presbytery with Monarchy The pretended Prelates lies and calumnies of the Presbyteries of Scotland Pag. 6. 6. 7. Pag. 9. Pag. 10. 10. 10 11. Pag. 11. Pa. 11 12 13. 14. 15. Pag. 7. Pag. 9. Pag. 18. Pa. 17 18. Pag. 18. Pag. 19. Pag. 22. P. 22 23 24. Pag. 31. Pag. 31. Pag. 33 34 35. His lies of the generall Assemblies of Scotland How Government is from God Civill power in the root immediately from God (a) Aristot. polit l. 1. c. 2. (b) Sacro sanc reg majestas c. 1. p. 1. (c) Molina to â— de justit 〈◊〉 22. (d) Bodin de rep l. 1 c. 6. (e) Suarez to 1. de legib l. 3. c. 3. Civill societie how naturall (f) Vasquez illust quae t. l. 1. c. 41. num 28 29. Power of Government and of Government by Magistrates disterent (g) L. 2. in princ F. de iust jur in princ Iust. Cod. tit c. jus nat 1. disp (h) Dominium est jus quoddam l. fin ad med C. de long temp prest l. qui usum fert Civil subjection formally not natures Law Our consent to Laws not antecedently naturall Government by Rulers a secondary Law of naâ—ure (a) Ad Tannerus m. 12. tom 2. disp 5. de peccatis q. 5. dub 1. num 22. (b) Sotus 4. de justit q. 4. ar 1. (c) Lod. Molina to 1. de just disp 22. (d) Victoria in relect de potest civil q. 4. art 1. Family Government and civil different Civill government by consequent naturall Rom. 13. (e) Govarruvias tr 2. pract quest 1. n 2 3 4 (f) Soto loc cit (g) Suarez de Reg. lib. 3. c. 4. n. 1 2. (h) Barclaius con Monarchoma l. 3. c. 2. The King from God understood in a fourefold senâ—e (i) Sacro an reg maj 〈◊〉 sacred and royall prerogatiâ—â— of Christian Kings c. 1. q. 1. p. 6 7. (k) Bellarm. de locis l. 5. c. 6. not 5. Politica universe considerata est de jure divino in particulari considerata est de jure gentium Royall power is of divine institution (a) Hieromy in â— 4. Comment in Ierem. (b) Basilius Epist. 125. (c) Athanasius Epist. ad solita (d) Optat. Melevitanus Lib. 3 (e) Epiphanius l. 1. tom 3. Heres 40. How and in what sence any forme of Government is indifferent How Government is an Ordinance of man 1 Pet. 2 3. (f) Rivetus in deeâ—t Mand. 5. pa. 194. (g) Pisc. in loc (h) Diodat annot (i) Occumenius Quod hominum dispositione consistit humanis suffragiis creatur (k) Dydimus (l) Cajetan officium regimenis quia humanis suffragiis creatur (m) Estius in loc (n) Betrandus tom 4. Bib. (o) Gloss. ordinar (p) Lyranus (q) Syriak (r) Lorin in lo. (s) Durandus lib. de orig juris How the King is from God and how from the people Royall power three wayes in the people How Royall power is radidically in the people The people make the King The people create a King according to the Scripture (a) Lavater com in Part 12 38. Hodie quo que in liberis urbibus gentibus magistratus secundum dei verbum Exod. 18. Deut. 1. cligendi sunt non ex assectibus (b) Barclaius l. 3. cont Monarchomach 8. c. 3. Making a king and choosing a king not to be distinguished David not a King because anointed by Samuel By the peoples election one is made of no King a King Kings elected made by the people though the Office in the â—bstâ—act be immeâ—iâ—tely of God (a) Bellarmine l. 5. c. 6. not 5. De Laicis Sacro Sa. reg Ma. 5.2 pag. 20.21 22 23. The people have a reall action more then approbation in making a King The same word that is ascribed
Feast when Gods wrath was upon the Land contrary to Gods word Esa. 22.12 13 14. and what will this prove Presbyteries to be inconsistent with Monarchies 41. This Assembly is to judge what Doctrine is treasonable what then Surely the secret Counsell and King in a constitute Church is not Synodically to determine what is true or false Doctrine more then the Roman Emperor could make the Church Canon Act. 15. 42. M. Gibson M. Black preached against King James his maintaining the Tyranny of Bishops his sympathizing with Papists and other crying sins and were absolved in a generall Assembly shal this make Presbyteries inconsistent with Monarchie Nay but it proveth only that they are inconsistent with the wickednesse of some Monarchies and that Prelates have been like the four hundred false prophets that flattered King Achab and these men that preached against the sins of the King and Court by Prelates in both Kingdomes have been imprisoned Banished their Noses ript their cheeks burnt their eares cut 43. The Godly men that kept the Assembly of Aberdeen An. 1603. did stand for Christs Prerogative when K. James took away all generall Assemblies as the event proved and the King may with as good warrant inhibit all Assemblies for Word and Sacraments as for Church Discipline 44. They excommunicate not for light faults and trifles as the Lyar saith our Discipline saith the contrary 45. This Assembly never took on them to chose the Kings Counsellours but these who were in authority took K. James when he was a child out of the Company of a corrupt and seducing Papist Esme Duke of Lennox whom the P. P. nameth Noble Worthy of eminent indowments 46. It is true Glasgow Assembly 1637. voted down the High Commission because it was not consented unto by the Church and yet was a Church Judicature which took upon them to judge of the Doctrine of Ministers and deprive them and did incroach upon the Liberties of the established lawfull Church judicatures 47. This Assembly might well forbid M. John Graham Minister to make use of an unjust decree it being scandalous in a Minister to oppresse 48. Though Nobles Barons and Burgesses that professe the truth be Elders and so Members of the generall Assembly this is not to make the Church the House and the Common-wealth the Hangings for the constistuent Members we are content to be examined by the patern of Synods Act. 15. v. 22 23. Is this inconsistent with Monarchie 49. The Commissioners of the generall Assembly are 1. A meer occasionall judicature 2. Appointed by and subordinate to the Generall Assembly 3. They have the same warrant of Gods Word that Messengers of the Synod Act. 15. v. 22.27 hath 50. The historicall calumnie of the 17. day of December is known to all 1. That the Ministers had any purpose to dethrone King James and that they wrote to John L. Marquesse of Hamilton to be King because K. James had made defection from the true Religion Satan devised Spotswood and this P. P. vented this I hope the true history of this is known to all The holiest Pastors and professors in the Kingdom asserted this Government suffered for it contended with authority only for sin never for the power and Office These on the contrary side were men of another stamp who minded earthly things whose God was the world 2. All the forged inconsistency betwixt Presbyteries and Monarchies is an opposition with absolute Monarchie and concludeth with alike strength against Parliaments and all Synods of either side against the Law and Gospell preached to which Kings and Kingdoms are subordinate Lord establish Peace and Truth Farewell The Table of the Contents of the Book QUEST I. WHether Government be by a divine Law Affirmed Pag. 1. How Government is from God Ibid. Civill Power in the Root immediately from God Pag. 2 QUEST II. Whether or no Goverment be warranted by the Law of nature Affirmed Ibid. Civil societie naturall in radice in the root voluntary in modo in the manner Ibid. Power of Government and Power of Government by such and such Magistrates different Pag. 2 3. Civil subjection not formally from natures Law Pag. 3. Our consent to Laws penal not antecedently naturall Ibid. Government by such Rulers a secondary Law of nature Ibid. Family Government and politike different Ibid. Government by Rulers a secondary Law of nature Family Government and Civil different Pag. 4. Civil Government by consequent naturall Pag. 5. QUEST III. Whether Royall Power and definite Forms of Government be from God Affirmed Ibid. That Kings are from God understood in a fourfold sense Pag. 5 6. The Royall Power hath warrant from divine institution Pag. 6. The three forms of Government not different in spece and nature P. 8. How every form is from God Ibid. How Government is an ordinance of man 1 Pet. 2.13 Pag. 8 9. QUEST IV. Whether or no the King be onely and immediately from God and not from the people Prius distinguitur posterius prorsus Negatur pag. 5. How the King is from God how from the people Ibid. Royall Power three wayes in the people P. 6 10. How Royall Power is radically in the people P. 7. The people makâ—th the King Ibid. How any form of Government is from God P. 8. How Government is a humane ordinance 1 Pet. 2.3 P. 8 9. The people creat the King P. 10 11. Making a King and choosing a King not to be distinguished P. 12 13. David not a King formally because anointed by God P. 14 15. QUEST V. Whether or no the P. P. proveth that Soveraignty is immediately from God not from the people p. 16. Kings made by the people though the Office in abstracto were immediately from God P. 16. The people have a reall action more then approbation in making a King P. 19 Kinging of a person ascribed to the people P. 20. Kings in a speciall manner are from God but it followeth not Ergo not from the people P. 21. The place Prov. 8.15 proveth not but Kings are made by the people P. 22 23. Nebuchadnezzar and other heathen Kings had no just Title before God to the Kingdom of Judah and divers other subdued Kingdoms P. 26 27. QUEST VI. Whether or no the King be so allanerly from both in regard of Soveraignty and Designation of his person as he is no wayes from the people but onely by meer approbation Negatur pag. 28 29. The Forms of Government not from God by an act of naked Providence but by his approving will Ibid. Soveraignty not from the people by sole approbation P. 29 30. Though God have peculiar acts of providence in creating Kings it followeth not hence that the people maketh not Kings P. 31. The P. Prelate exponeth prophecies true onely of David Solomon and Iesus Christ as true of prophane heathen Kings P. 34 35. The P. P. maketh all the heathen Kings to be Princes anointed with the holy Oyl of saving grace Ibid. QUEST VII Whether the P.
Interpreter p. 254. Nor is his will the sense of the Law p. 252 253. Nor is he the sole and onely judiciall Interpreter of the Law p. 253 254 255 seq QUEST XXVIII Whether or no Wars raised by the Estates and Subjects for their owne just defence against the Kings bloody Emissaries be lawfull Affir p. 257. The state of the question P. 257 258 If Kings be absolute a superiour Iudge may punish an inferiour Iudge not as a Iudge but an erring man ibid. By Divine institution all Covenants to restraine their power must be unlawfull p. 258 259. Resistance in some cases lawfull p. 260 261 262. Six Arguments for the lawfulnesse of defensive Wars in this Quest. 260. seq Many others follow Quest. 29. and 30. seq QUEST XXIX Whether in the case of defensive War the distinction of the Person of the King as a man who may and can commit hostile acts of tyranny against his subjects and of the Office and Royall Power that he hath from God and the people can have place Affirmatur p. 265. The Kings Person in concreto and his Office in abstracto or which is all one the King using his Power lawfully to be distinguished Rom. 13 p. 265. To command unjustly maketh not a higher power p. 265.266 The person may be resisted and yet the Office cannot be resisted prooved by fourteene Arguments p. 265 266. seq Contrary Objections of Royalists and of the P. Prelate answered p. 270 271. seq What we meane by the person and Office in abstracto in this dispute we doe not exclude the person in concreto altogether but only the person as abusing his power we may kill a person as a man and love him as a sonne father wife according to Scripture p. 272 273 274. We obey the King for the Law and not the Law for the King p. 275 276. The loosing of habituall and actuall Royalty different p. 276. Ioh. 19.10 Pilates power of crucifying Christ no Law-power given to him of God it s proved against Royalists by six Arguments p. 280. QVEST. XXX Whether or no passive obedience be a meane to which we are subjected in conscience by vertue of a Divine Commandement Neg. What a meane resistance is that flying is resistance p. 313. The place 1 Pet. 2.18 discussed ibid. Patient bearing of injuries and resistance of injuries compatible in one and the same subject ibid. Christs non-resistance hath many things rare and extraordinary and so is no leading rule to us p. 315. Suffering is either commanded to us comparatively only that we rather choose to suffer then deny the truth or the manner only is commanded that we suffer with patience p. 317 318. sequent The Physicall act of taking avvay the life or of offending vvhen commanded by the Lavv of self defence is no murther p. 321. We have a greater dominion over our goods and members except in case of mutilation vvhich is a little death then over our life p. 321. To kill is not of the nature of self defence but accidentall thereunto ibid. Defensive vvar cannot be vvithout offending p. 323. The nature of defensive and offensiue Warrâ— p. 324 325. Flying is resistance p. 325 326. QUEST XXXI Whether selfe-defence by opposing violence to unjust violence be lawfull by the Law of God and Nature Affirm p. 326 327. Self-defence in man naturall but Modus the way must be rationall and just p. 327. The method of selfe-defence ibid. Violent re-offending in selfe-defence the last remedy p. 328. It s Physically unpossible for a Nation to fly in the case of persecution for Religion and so they may resist in their owne self-defence p. 328. Tutela vitae proxima and remota p. 329. In a remote posture of selfe-defence we are not to take us to re-offending as David was not to kill Saul when he was sleeping or in the Cave for the same cause ibid. David would not kill Saul because he was the Lords Anoynted p. 330. The King not Lord of chastity name conscience and so may be resisted p. 331. By universall and particular nature selfe-defence lawfull proved by divers Arguments p. 330. And made good by the testimony of Iurists p. 331. The love of our selves the measure of the love of our neighbour and inforceth selfe-defence p. 332. Nature maketh a private man his owne Iudge and Magistrate when the Magistrate is absent and violence is offered to his life as the Law saith p. 334 335. Selfe-defence how lawfull it is p. 333 334 335. What presumption is from the Kings carriage to the two Kingdomes are in Law sufficient grounds of defensive warrs p. 336 337. Offensive and defensive warrs differ in the event and intentions of men but not in nature and spece nor Physically p. 336 337 338. Davids case in not killing Saul nor his men no rule to us not in our lawfull defence to kill the Kings Emissaries the cases farre different p. 338 339. QUEST XXXII Whether or no the lawfulnesse of defensive warrrs can be proved from the Scripture from the examples of David the peoples rescuing Ionathan Elisha and the 80. valiant Priests who resisted Vzziah Affirm p. 340. David warrantably raised an Army of men to defend himselfe against the unjust violence of his Prince Saul p. 340 341 342. Davids not invading Saul and his men who did not aime at Arbitrary Government at subversion of Lawes Religion and extirpation of those that worshipped the God of Israel and opposed Idolatry but only pursuing one single person farre unlike to our case in Scotland and England now p. 342.343 Davids example not extraordinary p. 343 344. Elisha's resistance proveth defensive warrs to be warrantable p. 344 345 Resistance made to King Vzziah by eighty valiant Priests proveth the same p. 346 347 348. The peoples rescuing Ionathan proveth the same p. 348 349. Libnah's revolt proveth this p. 349. The City of Abel defended themselves against Ioab King Davids Generall when he came to destroy a City for one wicked conspirator Sheba his sake p. 349 350. QUEST XXXIII Whether or no Rom. 13.1 make any thing against the lawfulnesse of defensive warrs Neg. p. 350. The King not only understood Rom. 13. p. 351.352 And the place Rom. 13. discussed p. 352 353 354. QUEST XXXIV Whether Royalists prove by cogent reasons the unlawfulnesse of defensive warrs p. 355. Objections of Royalists answered p. 355 356 357. seq The place Exod. 22.28 Thou shalt not revile the Gods c. answered p. 357. And Eccles. 10.20 p. 358. The place Eccles. 8.3 4. Where the word of a King is c. answered p. 357 358. The place Iob 34.18 answered p. 359. And Act. 23.3 God shall smite thee thou whited wall c. p. 359 360 361. The Emperours in Pauls time not absolute by their Law p. 361. That objection that we have no practise for defensive resistance and that the Prophets never complaine of the omission of the duty of resistance of Princes answered p. 163 164 165. The Prophets
cry against the sin of non-resistance when they cry against the Iudges because they execute not judgements for the oppressed p. 365 366. seq Iudahs subjection to Nebuchadnezar a conquering Tyrant no warrant for us to subject our selves to tyrannous acts p. 363 364 365. Christs subjection to Caesar nothing against defensive warrs p. 365 366. QUEST XXXV Whether the sufferings of the Martyrs in the Primitive Church Militant be against the lawfulnesse of defensive warrs p. 369 370. Tertullian neither ours nor theirs in the question of defensive warrs p. 370 371 372. QUEST XXXVI Whether the King have the power of warre only Negatur p. 372 373. Inferiour Iudges have the power of the sword no lesse then the King p. 372 373. The people tyed to acts of charity and to defend themselves the Church and their posterity against a forraigne enemy though the King forbid p. 373 374. Flying unlawfull to the States of Scotland and England now Gods Law tying them to defend their Country p. 374. Parliamentary Power a fountain-power above the King p. 376 377. QUEST XXXVII Whether the Estates of Scotland are to help their Brethren the protestants in England against Cavaliers Affirmatur proved by 13. Arg. p. 378. seq Helping of neighbour Nations lawfull divers opinions concerning the point p. 378 379. The Law of Aegypt against those that helped not the oppressed p. 380. QVEST. XXXVIII Whether Monarchy be the best of Governments Affir p. 384. Whether Monarchy be the best of Governments hath divers considerations in which each one may be lesse or more convenient p. 384 385. Absolute Monarchy is the worst of Governments p. 385. Better want power to doe ill as have it ibid. A mixture sweetest of all Governments p. 387. Neither King nor Parliament have a voyce against Law and reason ibid. QUEST XXXIX Whether or no any Prerogative at all above the Law be due to the King Or if jura majestatis be any such Prerogative Negatur p. 389. A threefold supreme power ibid. What be jura regalia p. 390 391. Kings confer not honours from their plenitude of absolute power but according to the strait line and rule of Law justice and good deserving ibid. The Law of the King 1 Sam. 8.9 11. p. 392 393. Difference of Kings and Judges ibid. The Law of the King 1 Sam. 8.9 11. No permissive Law such as the Law of divorce p. 394. What dominion the King hath over the goods of the subjects p. 395 396 397. QUEST XL. Whether or no the people have any power over the King either by his Oath Covenant or any other way Affirmed p. 398 399. The people have power over the King by reason of his Covenant and Promise ibid. Covenants and promises violated infer Coaction de jure by Law though not de facto p. 399 400. Mutuall punishments may be where there is no relation of superioritie and inferioritie p. 399 400 401. Three Covenants made by Arnisaeus ibid. The King not King while he swear the oath and be accepted as King by the people ibid. The oath of the Kings of France ibid. Hu. Grotius setteth down seven cases in which the people may accuse punish or dethrone the King p. 403 404. The Prince a noble Vassal of the Kingdom upon four grounds p. 405. The covenant had an oath annexed to it ibid. The Prince is but as a private man in a contract p. 406. How the Royall power is immediately from God and yet conferred upon the King by the people p. 407 408 409. QUEST XLI Whether doth the P. P. with reason ascribe to us the doctrine of Jesuites in the Question of lawfull defence Negatur p. 410 411 412. That Soveraignty is originally and radically in the people as in the Fountain was taught by Fathers ancient Doctors sound Divines Lawyers before there was a Jesuite or a Prelate whelped in rerum natura p. 413. The P. P. holdeth the Pope to be the Vicar of Christ p. 414 415. Iesuites tenets concerning Kings p. 415 416 417. The King not the peoples Deputie by our doctrine it is onely the calumnie of the P. Prelate p. 417 418. The P. P. will have power to act the bloodiest tyrannies on earth upon the Church of Christ the essentiall power of a King ibid. QUEST XLII Whether all Christian Kings are dependent from Christ and may be called his Vicegerents Negatur p. 422. Why God as God hath a man a Vicegerent under him but not as Mediator p. 422 423. The King not head of the Church ibid. The King a sub-mediator and an under redeemer and a sub-priest to offer sacrifices to God for us if he be a Vicegerent p. 423. The King no mixt person ibid. Prelates deny Kings to be subject to the Gospel p. 426 427. By no Prerogative Royall may the King prescribe religious observances and humane ceremonies in Gods worship p. 424 425. The P. P. giveth to the King a power Arbitrary supreme and independent to govern the Church p. 429 430. Reciprocation of subjections of the King to the Church of the Church to the King in divers kindes to wit of Ecclesiasticall and civill subjection are no more absurd then for Aarons Priest to teach instruct and rebuke Moses if he turne a tyrannous Achab and Moses to punish Aaron if he turn an obstinate Idolator p. 430 4â—3 QVEST. XLIII Whether the King of Scotland be an absolute Prince having prerogatives above Laws and Parliaments Negatur p. 433 434. The King of Scotland subject to Parliaments by the fundamentall Lawes Acts and constant practises of Parliaments ancient and late in Scotland p. 433 434 435 436. seq The King of Scotlands Oath at his Coronation p. 434. A pretended absolute povver given to K. Iames 6. upon respect of personall indowments no ground of absolutenesse to the King of Scotland p. 435 436. By Lawes and constant practises the Kings of Scotland subject to Lawes and Parliaments proved by the fundamentall Law of elective Princes and out of the most partiall Historicians and our Acts of Parliament of Scotland p. 439 440. Coronation oath ibid. And again at the Coronation of K. James the 6. that oath sworn and again 1 Par. K. Jam. 6. ibid. seq p. 452 453. How the King is supreme Iudge in all causes p. 437. The power of the Parliaments of Scotland ibid. The confession of the faith of the Church of Scotland authorized by divers Acts of Parliament doth evidently hold forth to all the reformed Churches the lawfulnesse of defensive Wars when the supreme Magistrate is misled by wicked Counsell p. 440 441 442. The same proved from the Confessions of Faith in other reformed Churches ibid. The place Rom. 13. exponed in our Confession of Faith p. 441 442 443. The Confession not onely Saxonick exhibited to the Councell of Trent but also of Helvetia France England Bohemia prove the same p. 444 445. William Laud and other Prelates enemies to Parliaments to States and to the Fundamentall Laws of the
you meane not that Baptisme worketh as Physick on a sick man except strength of humours hinder and therefore this comparison is not alike The people cannot produce so noble an effect as royalty a beame of God True formally they cannot but virtually it is in a society of reasonable men in whom are left beames of authoritative Majesty which by a divine institution they can give Deut. 17.14 to this man to David not to Eliab and I could well say the Favorite made the Lord and placed honour in the man whom he made Lord by a borrowed power from his Prince and yet the honour of a Lord is principally from the King 3. It is true the election of the people conteineth not formally Royall dignitie but the Word saith they made Saul they made David King so virtually election must conteine it Samuels oyle maketh not David King he is a subject after he is anointed the peoples election at Hebron maketh him King 2. differenceth him from his brethren 3. putteth him in Royall state yet God is the principall agent What immediate action God hath here is said and dreamed of no man can divine except Prophet P. Prelate The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Royall authoritie is given organically by that act by which he is made King another act is a night-dreame but by the act of election David is made of no King a King The collation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Royall gifts is immediately from God but that formally maketh not a King if Solomon saw right servants riding on horses Princes going on foot 4. Judge of the Prelates subtiltie I dare say not his own he stealeth from Spalato but telleth not The applying of the person to Royall authoritie is from the people but the applying of Royall authoritie to the person of the King is immediately and only from God as the hand putteth the faggot to the fire but the fire maketh it burne To apply the subject to the accident is it any thing else but to apply the accident to the subject Royall authoritie is an accident the person of the King the subject the applying of the faggot to the fire and the applying of the fire to the faggot are all one to any not forsaken of common sense When the people applyeth the person to the royall authoritie they but put the person in the state of royall authoritie and this is to make an union betwixt the Man and royall authoritie and this is to apply royall authoritie to the person 5. The third sense is the Prelates dreame not a Tene◠of ours we never said that soveraigntie in the King is immediately from God by approbation or confirmation only as if the people first made the King and God did only by a posterior and latter act say Amen to the deed done and subscribe as Recorder to what the people doth so the people should deale kingdomes and crownes at their pleasure and God behoved to ratifie and make good their fact When God doth apply the person to royall power what is this a different action from the peoples applying the person to royall dignitie It is not imaginable but the people by creating a king applyeth the person to royall dignitie and God by the peoples act of constituting the man king doth by the mediation of this act convey royall authoritie to the man as the Church by sending a man and ordaining him to bee a Pastor doth not by that as Gods instruments infuse supernaturall powers of preaching these powers supernaturall may be and often are in him before he be in orders and sometimes God infuseth a supernaturall power of government in a man when he is not yet a king as the Lord turned Saul into another man 1 Sam. 10.5.6 neither at that point of time when Samuel anointed him but after that v. 5. After that thou shalt come to the hill of God 6. the spirit of the Lord shall come upon thee and thou shalt prophecie with them and shalt be turned into another man Nor yet at that time when he is formally made King by the people for Saul was not King formally because of Samuels anointing nor yet was he King because another spirit was infused into him v. 5 6. for he was yet a privat man till the States of Israel chose him King at Mizpeh And the word of God useth words of action to expresse the peoples power Iudg. 9.6 And all the men of Sechem gathered together and all the men of Millo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 regnare fecerunt they caused him to be King The same is said 1 Sam. 10.15 they caused Saul to reigne 2 K. 10.5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We shall not King any man 1 Chron. 12.38 They came to Hebron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to King David over all Israel Deut. 17. three times the making of a King is given to the people 7. When thou shalt say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I shall set a King over me if it were not their power to make a King no law could be imposed on them not to make a stranger their King 1 King 12.20 all the congregation Kinged Jeroboam or made him King over all Israel 2 King 11.12 They Kinged Joash or made Ioash to reigne 6. The people are to say You are Gods and your power is below saith the Prelate what then ergo their power is not from God also It followeth not subordinata non pugnant The Scripture saith both the Lord exalted David to be King and All power is from God and so the power of a L. Major of a Citie and the people made David King also and the Citie maketh such a man L. Major It is the Anabaptists argument God writeth his law in our heart and teacheth his own children ergo bookes and the ministerie of men are needlesse So all Sciences and lawfull arts are from God ergo Sciences applied to men are not from mens free will industrie and studies The Prelate extolleth the King when he will have his Royaltie from God the way that John Stiles is the husband of such a woman P. Prelate Kings are of God they are Gods children of the most High his servants publike Ministers their sword and judgement Gods This he hath said of their royaltie in abstracto and in concreto their power person charge are all of divine extract and so their authoritie and person are both sacred and inviolable Answ. So are all the congregation of the Iudges Psal. 82. v. 1.6 all of them Gods for he speaketh not there of a congregation of Kings So are Apostles their office and persons of God and so the Prelates they thinke the successors of the Apostles are Gods servants their ministerie word rod of discipline not theirs but of God the judgement of Iudges inferiour to the King is the Lords judgement not mens Deut. 1.17 2. Chro. 19.6 Hence by the Prelates Logick the persons of Prelates Majors Bailiffes Constables Pastors are sacred and
all Kings because Kings are men according to Gods heart Why is not royalty then founded on grace Nebuchadnezer was not otherwise his servant then he was the hammer of the earth and a tyrannous conquerour of the Lords people and all the Heathen Kings are called Kings But how came they to their Thrones for the most part as David and Hezekiah but God anointed them not by his Prophets they came to their Kingdomes by the peoples election or by blood and rapine the latter way is no ground to you to deny Athaliah to be a lawfull Princesse she and Abimâ—lech were lawfull Princes and their soveraignty as immediatly and independently from God as the soveraignty of many heathen Kings See then how justly Athaliah was killed as a bloody usurper of the throne this would licence your brethren the Iesuites to stab heathen Kings whom you will have as well Kings 〈◊〉 the Lords anointed though Nebuchadnezer many of them made their way to the Throne against all Law of God and man through a bloudy patent 4. Cyrus is Gods anointed and his Shepheard too ergo his Arbitrary government is a soveraignty immediatly depending on God â—nd above all Law it is a wicked consequence 5. God named him neare a hundreth yeare ere he was borne God named and designed Judas very individually and named the Asse that Christ should ride on to Ierusalem Zach. 9.9 some moe hundred yeares then one What will the Prelate make them independent Kings for that 6. God giveth Kingdomes to whom he will What then this will prove Kingdomes to be as independent and immediatly from God as Kings are for as God giveth Kings to Kingdomes so he giveth Kingdomes to Kings and no doubt he giveth Kingdoms to whom he will so he giveth Prophets Apostles Pastors to whom he will and he giveth tyrannous conquests to whom he will and it is Nebuchadnezer to whom Daniel speaketh that from the Lord and he had no just title to many Kingdomes especially to the Kingdome of Iudah which yet God the King of Kings gave to him because it was his good pleasure and if God had not commanded them by the mouth of his Prophet Ieremiah might they not have risen and with the sword have vindicated themselves and their own liberty no lesse then they lawfully by the sword vindicated themselves from under Moab Iudges 3. from under Iabin Iaakin King of Canaan who twenty yeares mightily oppressed the children of Israel Iudges 4. now this P. Prelate by all these instances making Heathen Kings to be Kings by as good a title as David and Hezekiah condemneth the people of God as rebells if being subdued and conquered by the Turke and Spanish King they should by the sword recover their owne liberty and that Israel and the saviours which God raised to them had not warrant from the law of nature to vindicate themselves to liberty which was taken from them violently and unjustly by the sword but from all this it shall well follow that the tyranny of bloudy conquerours is immediatly and only dependent from God no lesse then lawfull soveraignty for Nebuchadnezers soveraignty over the people of God and many other Kingdomes also was revenged of God as tyranny Ier. 50.6.7 and therefore the vengeance of the Lord and the vengeance of his Temple came upon him and his land Ier. 50.16 17.18.28 29.30 It is true the people of God were commanded of God to submit to the King of Babylon to serve him and to pray for him and to doe on the contrary was rebellion but this was not because the King of Babylon was their King and because the King of Babylon had a command of God so to bring under his yoak the people of God So Christ had a Commandement to suffer the death of the Crosse Iohn 10.18 but had Herod and Pilate any warrant to crucifie him none at all 7. He saith Royalties even of Heathen Kings are not disposed of by the composed Contracts of men but by the immediate hand and worke of God But the Contracts of men to give a Kingdome to a person which a Heathen community may lawfully doe and so by contract dispose of a Kingdom is not opposite to the immediate hand of God appointing Royalty and Monarchy at his owne blessed liberty Lastly he saith God tooke away Saul in his wrath but I pray you did God onely doe it then had Saul because a King a Patent Royall from God to kill himselfe for so God tooke him away and we are rebells by this if we suffer not the King to kill himselfe Well pleaded QUEST VI. Whether the King be so from God onely both in regard of his Soveraignty and of the designation of his person to the Crown as that he is no waies from the people but by meere approbation Dr. Ferne a man much for Monarchy saith Though Monarchy hath its excellency being first set up of God in Moses yet neither Monarchy Aristocracy nor any other forme is jure divino but we say saith he the power it selfe or that sufficiency of authority to governe that is in a Monarchy or Aristocracy abstractly considered from the qualification of other formes is a flux and constitution subordinate to that providence an ordinance of that Dixi or silent word by which the world was made and shall be governed under God This is a great debasing of the Lords anoynted for so soveraignty hath no warrant in Gods Word formally as it is such a government but is in the world by providence as sin is and as the falling of a Sparrow to the ground whereas Gods Word hath not onely commanded that government should be but that fathers and mothers should be 2. and not only that politick Rulers should be but also Kings by name and other Iudges Aristocraticall should be Rom. 13.3 Deut. 17.14 1 Pet. 2.17 Prov. 24.21 Prov. 15.16.3 If the power of Monarchy and Aristocracy abstracted from the formes be from God then it is no more lawfull to resist Aristocraticall Government and our Lords of Parliament or Iudges then it is lawfull to resist Kings But heare the Prelates reasons to prove that the King is from the people by approbation only P. Prelate The people Deut. 17. is said to set a King over them only as 1 Cor. 6. The Saints are said to judge the world that is by consenting to Christs Iudgement So the people doe not make a King by transferring on him soveraignty but by accepting acknowledging reverencing him as King whom God hath both constituted and designed King Answ. This is said but not a word proved for the Queen of Sheba and Hiram acknowledged reverenced and obeyed Solomon as King and yet they made him not King as the Princes of Israell did 2. Reverence and obedience of the people is relative to the Kings lawes but the peoples making of a King is not relative to the laws of a King for then he should be a King giving laws and
of mans redemption being more excellent then the raysing of Lazarus should have been done immediatly without the incarnation death and satisfaction of Christ for no act of God without himselfe is comparable to the worke of redemption 1 Pet. 1.11 12. Col. 1.18 19 20 21 22. and Gods lesse excellent workes as his creating of beasts and wormes should have been done mediatly and his creating of man immediatly P. P. They who execute the judgement of God must needs have the power to judge from God But Kings are Deputies in the exercises of the Iudgements of God ergo the proposition is proved How is it imaginable that God reconcileth the world by Ministers and saveth man by them 1 Cor. 5. 1 Tim. 4.16 except they receive a power so to doe from God the assumption is Deut. 1.17 1 Chro. 19.6 Let none say Moses and Iehosaphat speake of inferiour Iudges for that which the King doth to others he doth by himselfe also 5. The execution of the Kingly power is from God for the King is the Servant Angell Legat Minister of God Rom. 13.6 7. God properly and primarily is King and King of Kings and Lord of Lords 1 Tim. 6.15 Rev. 1.5.21.27.29.20 all Kings related to him are Kings equivocally and in resemblance and he the only King Ans. That which is in question is never concluded to wit that the King is both immediatly constituted and dâ—signed King by God onely and not by the mediation of the people for when God reconcileth and saveth men by Pastors he saveth them by the intervening action of men so he scourgeth his people by men as by his sword Psal. 17.14 and hand staffe and rod Esay 10.5 his hammer Doth it follow that God onely doth immediatly scourge his people and that wicked men have no more hand and action in scourging his people then the Prelate saith the people hâ—ve an hand in making a King and that is no hand at all by the Prelates way 2. We may borrow the Prelates argument inferiour Iudges execute the judgement of the Lord and not the judgement of the King ergo by the Prelates argument God doth only by immediate power execute judgement in them and the inferiour Iudges are not Gods ministers executing the judgement of the Lord. But the Conclusion is against all truth and so must the Prelates argument be And that inferiour Iudges are the immediate substitutes and deputies of God is hence proved and shall be hereafter made good if God will 3. God is properly King of Kings so is God properly causa causarum the cause of causes the life of lifes the joy of joyes What shall it then follow that he worketh nothing in the creatures by their mediation as causes Because God is light of lights doth he not enlighten the earth and aire by the mediation of the Sun then God communicateth not life mediately by generation he causeth not his Saints to rejoyce with joy unspeakable and glorious by the intervening mediation of the Word These are vaine consequences Soueraignty and all power and virtue is in God infinitely And what vertue and power of action is in the creatures as they are compared with God are in the creatures equivocally and in resemblance and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in opinion rather then really Hence it must follow 1. that second causes worke none at all no more then the people hath a hand or action in making the King and that is no hand at all as the Prelate saith And God only and immediately worketh all workes in the creatures because both the power of working and actuall working commeth from God and the creatures in all their working are Gods instruments and if the Prelate argue so frequently from power given of God to prove that actuall reigning is from God immediately Deut. 8.18 The Lord giveth the power to get wealth will it follow that Israel getteth no riches at all or that God doth not mediately by them and their industrie get them I thinke not P. Prelate 6 To whom can it be due to give the Kingly office but to him only who is able to give the indument and abilitie for the office now God only and immediately giveth abilitie to be a King as the Sacramentall anointing proveth Josh 3.10 Othniel is the first Judge after Joshua and it is said And the Spirit of the Lord came upon him and and he judged Israel the like is said of Saul and David Ans. God gave royall indowments immediatly ergo he immediatly now maketh the King It followeth not for the species of government is not that which formally constituteth a King for then Nero Caligula Iulian should not have been Kings and those who come to the Crowne by conquest and blood are essentially Kings as the Prelate saith but be all these Othniels upon whom the spirit of the Lord commeth then they are not essentially Kings who are babes and children and foolish and destitute of the royall endowments but it is one thing to have a royall gift and another thing to be formally called to the Kingdome David had royall gifts after Samuel anoynted him but if you make him King before Sauls death Saul was both a traytor all the time that he persecuted David and so no King and also King and Gods anoynted as David acknowledgeth him and therefore that spirit that came on David and Saul maketh nothing against the peoples election of a King as the Spirit of God is given to Pastors under the new Testament as Christ promised but it will not follow that the designation of the man who is to be Pastor should not be from the Church and from men as the Prelate denyeth that either the constitution or designation of the King is from the people but from God onely 2. I beleeve the infusion of the spirit of God upon the Iudges will not prove that Kings are now both constituted and designed of God solely onely and immediatly for the Iudges were indeed immediatly and for the most part extraordinarily raised up of God and God indeed in the time of the Iewes was the King of Israel in another manner then he was the King of all the nations and is the King of Christian Realmes now and therefore the peoples despising of Samuel was a refusing that God should reigne over them because God in the Iudges revealed himselfe even in matters of Policy as what should be done to the man that gathered sticks on the Sabbath day and the like as he doth not now to Kings P. Prelate Soveraigntie is a ray of divine glory and majestieâ— but this cannot be found in people whether you consider them joyntly or singly if you consider them singly it cannot be in every individuall man for Sectaries say That all are born equall with a like freedom and if it be not in the people singly it cannot be in them joyntly for all the contribution in this compact and contract which they fancie to be humane composition and voluntary
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 flatterers 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 intrudors before the Lords of Session for that act of injustice Is this against Gods Word or Conscience 2. The Sanedrim 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 Ioabs 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 for 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 fervor 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 1. Because Nature hath given to man to be a sociall creature and impossible he can preserve himselfe in a societie except he being in communitie transforme his power to an head 2. He saith Hujus vero civilis societatis resp rector ab alio quam ab ipsamet repub constitui non potest justè absque Tyrannide Siquidem ab ipso Deo constitutus non est nec electus cuilibet civili societati immediatè Rex aut Princeps Arist. polit 3. c. 10. saith It is better that Kings got by election then by birth because Kingdomes by succession are verè regia truly Kingly these by birth are more Tyrannicall masterly and proper to Barbarous Nations And Covarruvias tom 2. pract quest de jurisd Castellan Reip. c. 1. n. 4. saith Hereditary Kings are also made hereditary by the tacit consent of the people and so by law and consuetude Spalato Let us grant saith he that a societie shall refuse to have a Governour over them shall they be for that free in no sort but there be many wayes by which a people may be compelled to admit a governour for then no man might rule over a Communitie against their will But nature hath otherwise disposed ut quod singuli nollent universi vellent that which every one will not have a Communitie naturally desireth And the P. Prelate saith God is no lesse the author of Order then he is the author of Being for the Lord who createth all conserveth all and without
King though tyed by an oath to govern is obliged to the practices of the Emperour Otho And as Speed saith of Richard the second to resign the Crown for the eschewing of the effusion of blood And who doubteth but the second wits of the experienced posterity may correct the first wits of their fathers nor shall I ever beleeve that the fathers can leave in legacie by oath any chaines of the best gold to fetter the after-wits of posteritie to a choice destructive to peace and true Godlinesse To these adde 8. That 1. an heritor may defraud his first borne of his heritage because of his dominion he hath over his heritage A King cannot defraud his first-borne of the Crown 2. An heritor may divide his heritage equally amongst his twelve sonnes A King cannot divide his Royall Dominions in twelve parts and give a part to every sonne for so he might turne a Monarchie into an Aristocracie and put twelve men in the place of one King 3. Any heritor taken captive may lawfully oppignorate yea and give all his inheritance as a ransome for his liberty for a man is better then his inheritance but no King may give his Subjects as a price or ransome Yet I shall not be against the succession of Kings by birth with good limitations and shall agree that through the corruption of mans nature it may be in so far profitable as it is peaceable and preventeth bloody tumults which are the bane of humane societies Consider further for this Aegid Romanus l. 3. de reg princi cap. 5. Turrecremat and Joan. de terra Reubea 1 tract contr Rebelles ar 1. con 4. Yet Aristotle the flower of Natures wit l. 3. polit c. 10. preferreth Election to Succession He preferreth Carthage to Sparta though their Kings came of Hercules Plutarch in Scylla saith he would have Kings as dogs that is best hunters not those who are borne of best dogs Tacitus lib. 1. Nasci generari à Principibus fortuitum nec ultra aestimantur QUEST XI Whether or no he be more principally a King who is a King by birth or he who is a King by the free election and suffrages of the people WIthout deteining the Reader I desire liberty to assert that 1 Assert Where God establisheth a Kingdome by Birth that government hic nunc is best and because God principally distributeth Crownes when God establisheth the Royall line of David to reigne he is not principally a King who commeth neerest and most immediately to the fountaine of Royaltie which is Gods immediate will but God established hic nunâ— for typicall reasons with reverence of the learned a King by birth 2 Assert But to speake of them ex natura reâ— and according to the first mould and paterne of a King by law A King by election is more principally King magis univoce per se then an hereditarie Prince 1. Because in hereditary Crownes the first familie being chosen by the free suffrages of the people for that cause ultimate the hereditary Prince commeth to the throne because his first father and in him the whole line of the familie was chosen to the Crowne and propter quod unumquodque tale id ipsum magis tale 2. The first King ordained by Gods positive law must be the measure of all Kings and more principally the King then he who is such by derivation But the first King is a King by election not by birth Deut. 17.15 Thou shalt in any wise set him King over thee whom the Lord thy God shall choose One from amongst thy brethren shalt thou set over thee If the free will of the people be not the neerest cause of the first moulded King God could have made no positive law to choose such a man not such a man for all positive lawes presuppose free election 3. The Law saith Surrogatum fruitur privilegiis ejus in cujus locum surrogatur He who is substituted in the place of another enjoyeth the priviledges of him in whose place be succeedeth But the hereditary King hath Royall priviledges from him who is chosen King Salomon hath the Royall priviledges of David his father and is therefore King by birth because his father David was King by election And this I say not because I think sole birth is a just title to the Crown but because it designeth him who indeed virtually was chosen when the first King of the race was chosen 4. Because there is no dominion of either Royalty or any other way by nature no more then an Eagle is born King of Eagles a Lyon King of Lyons neither is a man by nature born King of men and therefore he who is made King by suffrages of the people must be more principally King then he who hath no title but the womb of his mother Doct. Fern is so farre with us to father Royaltie upon the peoples free election as on the formall cause that he saith If to design the person and to procure limitation of the power in the exercise of it â—e to give the power we grant the power is from the people but saith he you will have the power originally from themselves in another sense for you say they reserve power to depose and displace the Magistrate sometime they make the Monarch supreme and then they devest themselves of all power and keep none to themselves but before established Government they have no politique power whereby they may lay a command on others but onely a naturall power of private resistance which they cannot use against the Magistrate Ans. But to take off those by the way 1. If the King may choose A. B. an Ambassadour and limit him in his power and say Doe this and say this to the forraigne State you goe to but no more halfe a wit will say the King createth the Ambassadour and the Ambassadours power is originally from the King and we prove the power of the Lyon is originally from God and of the Sea and the fire is originally from God because God limiteth the Lyon in the exercises of its power that it shall not devoure Daniel and limiteth the Sea as Ieremiah saith when as he will have its proud Waves to come thither and no farther and will have the fire to burne those who throwe the three Children into the fiery furnace and yet not to burne the three Children for this is as if Doctor Ferne said the power of the King of six degrees rather then his power of five is from the people therefore the power of the King is not from the people yea the contrary is true 2. That the people can make a King supreame that is Absolute and so resigne natures birth-right that is a power to defend themselves is not lawfull for if the people have not absolute power to destroy themselves they cannot resigne such a power to their Prince 3. It is false that a community before they be established with formall Rulers have
and by that same law of nature no man is borne King of men nor any man subject to man in a civill subjection by nature I speake not of naturall subjection of children to parents and therefore Ferdi. Vasquez illustr quest l. 2. c. 82. n. 6. said that Kingdomes and Empires were brought in not by Natures law but by the law of Nations he expoundeth himself elsewhere to speak of the law of nature secondary otherwise the primarie law of Nations is indeed the law of Nature as appropriated to man If any reply that the freedome naturall of beasts and birds who never sinned cannot be one with the naturall freedome of man who are now under sin and so under bondage for sin my answer is That the subjection of the miserie of man by nature because of sinne is more then the subjection of beasts comparing spece and kind of beasts and birds with mankind but comparing individuals of the same kinde amongst themselves a Lyon with Lyon Eagle with Eagle and so Man with Man in which respect because he who is supposed to be the man borne free from subjection politike even the King borne a King is under the same state of sin and so by reason of sinne of which he hath a share equally with all other men by nature he must be by nature borne under as great subjection penall for sinne except the King be borne voyd of sinne as other men Ergo he is not borne freer by nature then other men except he come out of the wombe with a Kings crown on his head 4. To be a King is a free gift of God which God bestoweth on some men above others as is evident 2 Sam. 12.7 8 Psal. 75.6 Dan. 4.32 and therefore all must be borne Kings if any one man be by nature a King borne and another a borne subject But if some be by Gods grace made Kings above others they are not so by nature for things which agree to man by nature agree to all men equally but all men equally are not borne Kings as is evident and all men are not equally borne by nature under politique subjection to Kings as the Adversaries grant because those who are by nature Kings cannot be also by nature subjects 5. If men be not by nature free fâ—om politique subjection then must some by the law of relation by nature be Kings But none are by nature Kings because none have by nature these things which essentially constitute Kings for they have neither by nature the calling of God nor gifts for the throne nor the free election of the people nor conquest and if there be none a King by nature there can be none a Subject by nature And the Law faith Omnes sumus naturâ liberi nullius ditioni subjecti l. Manumiss F. de just jur S. jus autem gentium Ins. de jur nat We are all by nature free and D. L. ex hoc jure cum simil 6. Politicians agree to this as an undeniable truth that as domestick society is naturall being grounded upon Natures instinct so Politique societie is voluntary being grounded on the consent of men and so politique societie is naturall in radice in the root and voluntary and free in modo in the manner of their union and the Scripture cleareth to us that a King is made by the free consent of the people Deut. 17.15 and so not by nature 7. What is from the wombe and so naturall is eternall and agreeth to all societies of men but a Monarchie agreeth not to all societies of men for many hundred years de facto there was not a King till Nimrods time the world being governed by families and till Moses his time we find no institution for Kings Gen. 7. and the numerous multiplication of mankind did occasion Monarchies otherwise Fatherly government being the first and measure of the rest must be the best for it is better that my father governe me then that a stranger governe me and therefore the Lord forbad his people to set a stranger over themselves to be their King The P. Prelate contendeth for the contrary Every man saith he is borne subject to his father of whom immediately he hath his existence in nature and if his Father be the subject of another he is borne the subject of his fathers superiour Answ. But the consequence is weake every man is borne under naturall subjection to his father ergo he is borne naturally under civill subjection to his fathers superiour or King it followeth not yea because his father was borne only by nature subject to his owne father ergo he was subject to a Prince or King only by accident and by the free constitution of men who freely choose politick government whereas there is no government naturall but fatherly or martiall and therefore the contradictory consequence is true P. Prelat Obj. 2. Every man by nature hath immunity and liberty from despoticall and herill Empire and so may dispose of his owne at will and cannot inslave himselfe without his owne free will but God hath laid a necessity on all men to be under government and nature also laid this necessity on him therefore this soveraignty cannot protect us in righteousnesse and honesty except it be intirely indowed with soveraigne power to preserve it selfe and protect us Ans. The Prelate here deserteth his owne consequence which iâ— strong against himselfe for if a man be naturally subject to his fathers superiour as he said before why is not the sonne of a slave naturally subiect to his fathers superiour master 2. As a man may not make away his liberty without his own consent so can he not without his owne consent give his liberty to be subject to penall Lawes under a Prince without his owne consent either in his fathers or in the representative society in which he liveth 3. God and nature hath laid a necessity on all men to be under government a naturall necessity from the wombe to be under some government to wit a paternall government that is true but under this government politique and namely under soveraignty it is false and that is but said for why is he naturally under soveraignty rather then Aristocracy I beleeve any of the three formes are freely chosen by any society 4. It is false that one cannot defend the people except he have intire power that is to say he cannot doe good except he have a vast power to doe both good and ill Obj. 3. It is accidentall to any to render himselfe a slave being occasioned by force or extreame indigence but to submit to Government congruous to the condition of man and is necessary for his happy being and naturall and necessary by the inviolable Ordinance of God and nature Ans. If the father be a slave it is naturall and not accidentall by the Prelates Logick to be a slave 2. it is also accidentall to be under Soveraignty and sure not naturall
and Captaine but they refuse to doe it except he sweare he shall not betray them to the enemy he doth betray them then must the souldiers be loosed from that contract if one be appointed Pilate of a ship and not but by an Oath if he sell the Passengers to the Turke they may challenge the Pilate of his Oath and it is cleare that 1. the estates should refuse to give the Crown to him who would refuse to governe them according to Gods Law but should professe that he would make his owne will a Law therefore the intention of the Oath is clearely conditionall 2. When the King sweareth the Oath he is but King in fieri and so not as King above the States of Kingdomes now his being King doth not put him in a case above all civill obligation of a King to his subjects because the matter of the Oath is that he shall be under them so farre in regard of the Oath of God Arg. 8. If the Oath of God made to the people doe not bind him to the people to governe according to Law and not according to his will and lust it should be unlawfull for any to sweare such an Oath for if a power above law agree essentially to a King as a King as Royalists hold he who sweareth such a Oath should both sweare to be a King to such a people and should sweare to be no King in respect by his Oath he should renounce that which is essentiall to a King Arnisaeus objecteth Ex particularibus non potest colligi conclusio universalis some few of the Kings as David Ioash made a covenant with the people it followeth not that this was a universall law Ans. Yea the covenant is Deut. 17. and must be a rule to all if so just a man as David was limited by a covenant then all the rest also QUEST XV. Whether or no the King be Vnivocally or only Analogically and by proportion a father IT is true Aristotle Polit. l. 3. c. 11. saith That the Kingly power is a fatherly power and Iustin. Novell 12. c. 2. Pater quamvis legum contemptor quamvis impius sit tamen pater est But I doe not beleeve that as Royalists say that the Kingly power is essentially and univocally that same with a paternall or fatherly power or that Adam as a father was as a father and King and that suppose Adam should live in Noahs daies that by divine institution and without consent of the Kingdomes and communities on earth Adam hoc ipso and for no other reason but because he was a father should also be the universall King and Monarch of the whole world or suppose Adam were living to this day that all Kings that hath been since and now are held their Crownes of him and had no more Kingly power then inferiour Iudges in Scotland have under our soveraigne King Charles for so all that hath been and now are lawfull Kings should be unjust usurpers for if fatherly power be the first and native power of commanding it is against nature that a Monarch who is not my father by generation should take that power from me and be a King over both me and my children But I assert that though the Word warrant us to esteem Kings fathers Esa. 49.23 Jud. 5.7 Gen. 20. v. 2. yet are not they essentially and formally fathers by generation Num. c. 11. v. 12. Have I conceived all this people have I begotten them and yet are they but fathers metaphorically 1. By office because they should care for them as fathers doe for children and so come under the name of fathers in the fifth Commandement and therefore rigorous and cruell Rulers are Leopards and Lyons and Wolves Ezech. 22.27 Zeph. 3.3 If then tyrannous Judges be not essentially and formally Leopards and Lyons but only metaphorically neither can Kings be formally fathers 2. Not only Kings but all Iudges are fathers in defending their subjects from violence and the sword and fighting the Lords battells for them and counselling them If therefore Royalists argue rightly A King is essentially a father and fatherly power and royall power are of the same essence and nature As therefore he who is once a father is ever a father and his children cannot take up armes against him to resist him for that is unnaturall repugnant to the 5. Commandement So he who is once a King is evermore a King and it is repugnant to the fifth Commandement to resist him with armes It is answered that the Argument presupposeth that Royall power and Fatherly power is one and the same in nature whereas they differ in nature and are only one by analogie and proportion for so Pastors of the Word are called fathers 1 Cor. 4.15 it will not follow that once a Pastor evermore a Pastor and that if therefore Pastors turne wolves and by hereticall doctrine corrupt the flock they cannot be cast out of the Church 3. A father as a father hath not power of life and death over his sonnes because Rom. 13. by divine institution the sword is given by God to Kings and Iudges and if Adam had had any such power to kill his sonne Cain for the killing of his brother Abel it had been given to him by God as a power politike different from a fatherly power for a fatherly power as such is formally to conserve the life of the childaen and not to take away the life yea and Adam though he had never sinned nor any of his posteritie Adam should have been a perfect father as he is now indued with all fatherly power that any father now hath yea should not God have given the sword or power of punishing ill doers since that power should have been in vaine if there had been no violence nor bloodshed or sinne on the earth for the power of the sword and of lawfull warre is given to men now in the state of sinne 4. Fatherly government and power is from the bosome and marrow of that fountaine law of nature but Royall power is not from the law of nature more then Aristocraticall or Democraticall power D. Ferne saith Monarchie is not jure divino I am not of his mind nor yet from the law of Nature but ductu naturae by the guidance of nature Sure it is from a supervenient commandement of God added to the first law of nature establishing Fatherly power 5. Children having their life and first breathings of nature from their parents must be in a more intire relation from their father then from their Prince Subjects have not their Being naturall but their civill politique and peaceable well-being from their Prince 6. A father is a father by generation and giving the being of nature to children and is a naturall head and root without the free consent and suffrages of his children and is essentially a father to one childe as Adam was to one Cain but a Prince is a Prince by the free
D. Ferne M. Simmons the P. Prelate when they draw arguments from the head do but dream as the members should not resist the head Naturall members should not or cannot resist the head though the hand may pull a tooth out of the head which is no small violence to the head But the members of a Politique body may resist the Politique head 2. This or that King is not the adequate and totall Politique head of the Common-wealth and therefore though you cut off a Politique head there 's nothing done against nature If you cut off all Kings of the Royall line and all Governors Aristocraticall both King and Parliament this were against nature And a Common-wealth which would cut off all Governors and all Heads should goe against nature and run to ruine quickly I conceive a societie of reasonable men cannot want Governours 6. The naturall head communicateth life sense and motion to the members and is the seat of externall and internall senses the King is not so Hence Assert 5. the King is not properly the head of a family for 1. as Tholossa saith well de Rep. l. 5. c. 5. Nature hath one intention in making the thumbe another intention in making the whole hand another in forming the body so there is one intention of the God of nature in governing of one man another in governing a Familie another in governing a Citie nor is the thumbe King of all the members so domestick government is not Monarchicall properly 1. The mother hath a parentall power as the father hath Prov. 4.5 10.3 31.17 so the 5. Command saith Honour thy father and thy mother 2. Domestick government is naturall Monarchicall politique 3. Domestick is necessary Monarchicall is not necessary other governments may be as well as it 4. Domestick is universall Monarchicall not so 5. Domesticall hath its rise from naturall instinct without any farther instruction a Monarchicall government is not but from election choosing one Government not another Hence that is a fiduciarie power or a power of trust wherein 1. the thing put in trust is not his own proper either heritage or gift so as he may dispose of it as he pleaseth as men dispose of their goods or heritage But the King may not dispose of men as men as he pleaseth nor 2. of Lawes as he pleaseth nor 3. of governing men killing or keeping alive punishing and rewarding as he pleaseth 2. My life and Religion and so my Soule in some cases are committed to the King as to a publick Watchman even as the flock to the feeder the Citie to the Watchmen And he may berray it to the Enemy Ergo he hath the trust of Life and Religion and hath both tables of the Law in his custodie ex officio to see that other men then himselfe keep the Law But the Law is not the Kings own but given to him in trust 3. He who receiveth a Kingdom conditionally may be dethroned if he sell it or put it away to any other is a fiduciarie Patron and hath it only in trust So Hottoman quest ill 1. Ferdinand Vasquez illust quest l. 1. c. 4. Althusius polit c. 24. n. 35. so saith the law of every Factor or Deputy l. 40. l. 63. procur l. 16. C. dict 1. Antigonus dixit Regnum esse nobilem servitutem Tyberius Caesar called the Senate Dominum suum his Lord. Suetonius in vita Tiberii c. 29. QUEST XVIII What is the law of the King and his Power 1 Sam. 8.11 This will be the manner of the King who shall reigne over you c. THis place 1 Sam. 8 9. and v. 11. The law or manner of the King is alleadged to prove both the absolute power of Kings and 2. the unlawfulnesse of resistance therefore I crave leave here to vindicate the place and to make it evident to all that the place speaketh for no such matter 1. Hug. Grotius argueth thus that by this place the people oppressed with injuries of a Tyrannous King have nothing left them but prayers and cries to God and therefore there is no ground for violent resisting Barclay will have us to distinguish inter officium Regis potestatem between the Kings office and the Kings power And he will have the Lord here speaking not of the Kings office what he ought to doe before God but what power a King hath beside and above the power of Judges to tyrannize over the people so as the people hath no power to resist it He will have the Office of the King spoken of Deut. 17. and the Power of the King 1 Sam. 8. and that power which the People was to obey and submit unto without resisting But I answer 1. It is a vaine thing to distinguish betwixt the office and the power for the power is either a power to rule according to Gods law as he is commanded Deut. 17. and this is the very office or officiall power which the King of Kings hath given to all Kings under him and this is a power of the Royall office of a King to governe for the Lord his maker or this is a power to doe ill and tyrannize over Gods people but this is accidentall to a King and the character of a Tyrant and is not from God and so the Law of the King in this place must be the Tyranny of the King which is our very mind 2. Barclay Reges sine dominatione ne concipi quidem possunt Iudices dominationem in populum minimè habebant Hence it is cleare that Barclay saith that the Iudges of Israel and the Kings are different in essence and nature so that domination is so essentiall to a King that you cannot conceive a King but he must have domination whereas the Iudges of Israel had no domination over the people Hence I argue that whereby a King is essentially distinguished from a Iudge that must be from God but by domination which is a power to oppresse the subject a King is essentially distinguished from a Iudge of Israel Ergo Domination and a power to do Acts of Tyranny as they are expressed Verse 11 12 13. and to oppresse a subject is from God and so must be a lawfull power but the conclusion is absurd the assumption is the doctrine of Barclay The major proposition I prove 1. Because both the Iudge and the King was from God for God gave Moses a lawfull calling to be a Iudge so did he to Eli to Samuel and Deut. 17.15 the King is a lawfull Ordinance of God If then the Judge and the King be both lawfull Ordinances and if they differ essentially as Barclay saith then that specifice forme which distinguisheth the one from the other to wit Domination and a power to destroy the subject must be from God which is blasphemous for God can give no morall power to do wickedly for that is licence and a power to sin against a Law of God which is absolutely
argument from fact 1. A wicked Magistracie may permit perjurie and lying in the Common-wealth and that without punishment and some Christian Commonweales he meaneth his own Synagogue of Rome spirituall Sodome a cage of uncleane birds suffereth Harlotrie by Law and the whores pay so many thousands yearely to the Pope and are free of all punishment by Law to eschew homicides adulteries of Romish Priests and other greater sinnes Therefore God hath given power to a King to play the Tyrant without any feare of punishment to be inflicted by man But 1. if this be a good argument The Magistrate to whom God hath committed the sword to take vengeance on evill doers Rom. 13.3 4 5 6. such as are perjured persons professed whores and harlots hath a lawfull power from God to connive at sinnes and grosse scandals in the Commonwealth as they dreame that the King hath power given from God to exercise all acts of Tyranny without any resistance But 1. this was a grievous sinne in Eli that he being a father and a Iudge punished not his sonnes for their uncleannesse and his house in Gods heavy displeasure was cut off from the Priesthood therefore Then God hath given no such power to the Iudge 2. The contrary duty is lying on the Iudge To execute judgement for the oppressed Iob 29.12 13 14 15 16 17. Ier. 22.15 16. and perverting of judgement and conniving at the heynous sinnes of the wicked is condemned Num. 5.31 32. 1 Sam. 15.23 1 King 20.42 43. Esa. 1.17 10.1 5.23 and therefore God hath given no power to a Iudge to permit wicked men to commit grievous crimes without any punishment As for the Law of Divorce it was indeed a permissive law whereby the husband might give the wife a bill of divorce and be free of punishment before men but not free of sinne and guiltinesse before God for it was contrary to Gods institution of Mariage at the beginning as Christ saith and the Prophet saith that the Lord hateth putting away But that God hath given any such permissive power to the King that he may doe what he pleaseth and cannot be resisted This is in question 3. The Law spoken of in the Text is by Royalists called not a consuetude of Tranny but the divine law of God whereby the King is formally and essentially distinguished from the Judge in Israel Now if so a power to sinne and a power to commit acts of Tyranny yea and a power in the Kings Sergeants and bloody Emissaries to waste and destroy the people of God must be a lawfull power given of God for a lawfull power it must be if it commeth from God whether it be from the King in his own person or from his servants at his commandement and by either put forth in acts as the power of a bill of Divorce was a power from God exempting either the husband from punishment before men or freeing the servant who at the husbands command should write it and put it in the hands of the woman I cannot beleeve that God hath given a power and that by Law to one Man to command twenty thousand Cut-throats to kill and destroy all the Children of God and that he hath commanded his Children to give their necks and heads to Babels sonnes without resistance This I am sure is another matter then a Law for a bill of Divorce to one woman maried by free election of a humorous and unconstant man But sure I am God gave no permissive law from heaven like the law of Divorce for the hardnesse of the heart not of the Iewes only but also of the whole Christian and Heathen Kingdomes under a Monarch that one Emperour may by such a Law of God as the Law of Divorce kill by bloody Cut-throats such as the Irish Rebels are all the Nations that call on Gods name men women and sucking infants And if Providence impede the Catholike issue and dry up the seas of Blood it is good but God hath given a law such as the law of Divorce to the King whereby he and all his may without resistance by a legall power given of God who giveth Kings to be fathers nurses protectors guides yea the breath of nostrils of his Church as speciall mercies and blessings to his people he may I say by a law of God as it is 1 Sam. 8.9 11. cut off Nations as that Lyon of the world Nebuchadnezzar did So Royalists teach us Barclaius l. 2. cont Monarchoma pag. 69. The Lord spake to Samuel the Law of the King and wrot it in a book◠and laid it up before the Lord. But what Law That same law which he proposed to the people when they first sought a King but that was the Law contemning Precepts rather for the peoples obeying then for the Kings commanding for the people was to be instructed with those precepts not the King Those things that concerned the Kings duty Deut. 17. Moses commanded to be put into the Arke but so if Samuel had commanded the King that which Moses Deut. 17. commanded he had done no new thing but had done againe what was once done actum egisset but there was nothing before commanded the people concerning their obedience and patience under evill Princes Ioseph Antiq. l. 6. c. 5. he wrote 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the evills that were to befall them Ans. It was not that same Law for though this Law was written to the people yet it was the Law of the King and I pray you did Samuel write in a booke all the Rules of Tyranny and teach Saul and all the Kings after him for this book was put in the Ark of the Covenant where also was the booke of the Law how to play the Tyrant And what instruction was it to King or people to write to them a book of the wicked waies of a King which nature teacheth without a Doctor Sanctius saith on the place These things which by mens fraud and to the hurt of the publick may be corrupted were kept in the Tabernacle and the booke of the Law was kept in the Arke Cornelius a Lapide saith It was the Law common to King and people which was commonly kept with the booke of the Law in the Arke of the Covenant Lyra contradicteth Barclay he exponeth Legem legem regni non secundum usurpationem supra positam sed secundum ordinationem Dei positam Deut. 17. Theodat excellently exponeth it the fundamentall Lawes of the Kingdome inspired by God to temper Monarchy with a liberty befitting Gods people and with equity toward a Nation to withstand the abuse of an absolute power 2. Can any beleeve Samuel would have written a Law of Tyranny and put that booke in the Arke of the Covenant before the Lord to be kept to the posterity seeing he was to teach both King and people the good and the right way 1 Sam. 12.23 24 25. 3. Where is the Law of the Kingdome called a Law of
Principium formale effectivum is as good Logick as principium effectivum materiale formale finale The Prelate is in his acuracy of Logick now he yet maketh the causality of the formall cause all one with the causality of the efficient but he is weake in his Logicks 3. He confoundeth a cause equivocall and a cause univocall and in that case the Maxime holdeth not Nor is it necessary to make true the maxime that the quality be inherent in the cause the same way For a City maketh a Major but to be a Major is one way in the City and another way in him who is created Major and the Prelates Maxime would helpe him if we reasoned thus The people maketh the King ergo the people is more a King and more formally a Soveraigne then the King But that is no more our Argument then the simile that Maxwell used as neere heart and mouth both Wine maketh drunk the Prelate ergo Wine is more drunk But we reason this the Fountaine-power of making six Kings is in the people ergo there is more fountain-power of Royalty in the people then in any one King for we read that Israel made Saul King and made David King and made Abimelech King but never that King Saul made another King or that an earthly King made another Absolute King 4. The Prelate will have the Maxime false where the Agent worketh by donation which yet holdeth true by his owne grant c. 9. pag. 98. The King giveth power to a Deputy ergo there is more power in the King 5. He supposeth that which is the Basis and foundation of all the question that people devesteth themselves totally of their Fountaine power which is most false 6. Either they must devest themselves totally saith he of their power or the King hath power from the people by way of loane which to my thinking never any yet spake But the P. Prelates thinking is short and no rule to Divines and Lawyers for to the thinking of the learnedst Jurists this power of the King is but fiduciary and that is whether the Prelate thinke it or thinke it not a sort of power by trust pawn'd or loane Rex director Regni non proprietarius Molinae in consuet Parisi Tit. 1.9.1 Glos. 7. n. 9. The King is a life-renter not a Lord or proprieter of his Kingdome So Novel 85. in princip c. 18. Quod magistratus sit nudus dispensator defensor jurium regni non proprietarius constat ex eo quod non posset alienare imperium oppida urbes regionésve vel res subditorum bonà ve regni So Gregory l. 3. c. 8. de Repub. per c. 1. Sect. praeterea de propo feud Hottoman quest illust 1. Ferdinan Vasquez l. 1. c. 4. Bossius de princip privileg illius n. 290. The King is only a steward and a defender of the lawes of the Kingdome not a proprietor because he hath not power to make away the Impire Cities Townes Countries and goods of the Subjects and bona commissa Magistratui sunt subjecta restitutioni in prejudicium successorum alienari non possunt per l. ult Sect. sed nost C. Comment de leg l. peto 69. fratrem de leg 2. l. 32. ult d. t. All the goods committed to any Magistrate are under Restitution◠for he hath not power to make them away to the prejudice of his successors The Prelates thoughts reach not the secrets of Jurists and therefore he speaketh with a warrant he will say no more then his short-travel'd thoughts can reach and that is but at the doore 7. Soveraigntie is not in the Communitie saith the P. Prelate Truly it neither is nor can be more then ten or a thousand or a thousand thousands or a whole Kingdome can be one man for Soveraigntie is the abstract the Soveraigne is the concrete Many cannot be one King or one Soveraigne a Soveraigne must be essentially one and a multitude cannot be one but what then may not the Soveraigne power be eminently fontaliter originally and radically in the people I thinke it may and must be A King is not an under-Iudge he is not a Lord of Councell or Session formally because he is more The people is not King formally because the people is eminently more then the King for they make David King and Saul King And the power to make a Lord of Councell and Session is in the King say Royalists 8. A Communitie hath not power of life and death A King hath power of life and death saith the Prelate What then ergo a Communitie is not King I grant all But poore man Ergo the power of making a King who hath power of life and death is not in the people It is like Prelates logick Samuel is not a King ergo he cannot make David a King It followeth not by the Prelates ground So the King is not an in inferiour Iudge What ergo he cannot make an inferiour Iudge 9. The power of life and death is eminently and virtually in the people collectively taken though not formally And though no man can take away his own life or hath power over his own life formally yet a man and a body of men hath power over their own lives radically and virtually in respect they may render themselves to a Magistrate and to Lawes which if they violate they must be in hazard of their lives and so they virtually have power of their own lives by putting them under the power of good lawes for the peace and safety of the whole 10. This is a weake consequence None hath power of his owne life Ergo far lesse of his neighbours saith the Prelate I shall denie the consequence The King hath not power of his own life that is according to the Prelates mind he can neither by the law of nature nor by any Civill law kill himselfe Ergo the King hath far lesse power to kill another It followeth not for the Iudge hath more power over his neighbours life then over his own 11. But saith the P. Prelate The Communitie conceived without government all as equall endowed with natures and native libertie hath no power of life and death because all are borne free and so none is borne with dominion and power over his neighbours life Yea but so Mr. P. Prelate a King considered without government and as born a free man hath not power of any mans life more then a Communitie hath for King and Begger are borne both alike free But a Communitie in this consideration as they come from the wombe have no Politique consideration at all If you consider them as without all policie you cannot consider them as invested with policie yea if you consider them so as they are by nature voyd of all policie they cannot so much as adde their after-consent and approbation to such a man to be their King whom God immediately from heaven maketh a King for to adde such an after-consent is an
act of government Now as they are conceived to want all government they cannot performe any act of government And this is as much against himselfe as against us 2. The power of a part and the power of the whole is not alike Royaltie never advanceth the King above the place of a member And Lawyers say The King is above the subjects in sensu diviso in a divisive sense he is above this or that subject but he is inferiour to all the subjects collectively taken because he is for the whole Kingdome as a meane for the end Object If this be a good reason that he is a meane for the whole Kingdome as for the end that he is therefore inferiour to the whole Kingdome then is he also inferior to any one subject for he is a meane for the safety of every subject as for the whole Kingdome Answ. Every meane is inferior to its compleat adequate and whole end and such an end is the whole Kingdome in relation to the King but every man is not alwayes inferiour to its incompleat inadequate and partiall end This or that subject is not adequate but the inadequate and incompleat end in relation to the King The Prelate saith Kings are Dii Elohim Gods and the manner of their propagation is by filiation by adoption sonnes of the most high and Gods first borne Now the first borne is not above every brother severally but if there were thousands millions numberlesse numbers he is above all in precedencie and power Answ. Not only Kings but all inferiour Iudges are Gods Psal. 82. God standeth in the congregation of the Gods that is not a congregation of Kings So Exo. 22.8 the master of the house shall be brought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Gods or to the Judges And that there were more Iudges then one is cleare by vers 9. and if they shall condemne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jarshignur condemnarint Joh. 10.35 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He called them Gods Exod. 4.16 Thou shalt be to Aaron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a God They are Gods analogically only God is infinite not so the King 2. Gods will is a law not so the Kings 3. God is an end to himselfe not so the King The Iudge is but God by office and representation and conservation of the people 2. It is denyed that the first-borne is in power before all his brethren though there were millions That is but said One as one is inferior to a multitude as the first-borne was a Politick Ruler to his brethren he was inferiour to them politically Object 3. The collective Vniversitie of a Kingdome are subjects sonnes and the King their father no lesse then this or that subject is the Kings subject For the universitie of Subjects are either the King or the King subjects for all the kingdome must be one of these two but they are not the King Ergo they are his subjects Answ. All the Kingdome in any consideration is not either King or Subjects I give a third The Kingdome collective is neither properly King nor Subject but the Kingdome embodied in a State having collaterall or coordinate power with the King Object 4. The universitie is ruled by lawes Ergo they are inferior to the King who ruleth all by law Answ. The Universitie properly is no otherwise ruled by lawes then the King is ruled by lawes The Universitie formally is the compleat Politick body indued with a nomothetick facultie which cannot use violence against it selfe and so is not properly under a Law QUEST XX. Whether or no inferiour Judges be univocally and essentially Judges and the immediate Vicars of God no lesse then the King or if they be onely the Deputies and Vicars of the King IT is certain that in one and the same Kingdom the power of the King is more in extension then the power of any inferiour Iudge but if these powers of the King and the inferiour Iudges differ intensivè and in spece and nature is the question though it be not all the question Assert Inferiour Iudges are no lesse essentially Iudges and the immediate Vicars of God then the King 1. These who judge in the room of God and exercise the judgement of God are essentially Iudges and the Deputies of God as well as the King but inferiour Iudges are such Ergo The proposition is clear the formall reason why the King is univocally and essentially a Iudge is because the Kings throne is the Lords throne 1 Chron. 29.23 And Solomon sate on the throne of the Lord as King instead of David his father 1 King 1.13 It is called Davids throne because the King is the Deputy of Iehovah and the judgement is the Lords I prove the assumption Inferiour Iudges appointed by King Iehoshaphat have this place 2 Chro. 19.6 The King said to the Iudges Take heed what ye do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for ye judge not for man but for the Lord then they were Deputies in the place of the Lord and not the Kings Deputies in the formall and officiall acts of judging 7. Wherefore now let the fear of the Lord be upon you take heed and do it for there is no iniquity with the Lord our God nor respect of persons or taking of gifts Hence I argue If the Holy Ghost in this good King forbid inriour Judges wresting of judgement respecting of persons and taking of gifts because the judgement is the Lords and if the Lord himself were on the Bench he would not respect persons nor take gifts then he presumeth that inferiour Iudges are in the stead and place of Jehovah and that when these inferiour Iudges should take gifts they make as it were the Lord whose place they represent to take gifts and to do iniquitie and to respect persons but that the holy Lord cannot do 2. If the inferiour Iudges in the act of judging were the Vicars and Deputies of King Jehoshaphat he would have said Judge righteous judgement Why For the judgement is mine and if I the King were on the Bench I would not respect persons nor take gifts and you judge for me the supreme Judge as my Deputies but the King saith They judge not for man but for the Lord. 3. If by this they were not Gods immediate Vicars but the Vicars and Deputies of the King then being meer servants the King might command them to pronounce such a sentence and not such a sentence as I may command my servant and deputy in so far as he is a servant and deputie to say this and say not this but the King cannot limit the conscience of the inferiour Iudge because the judgement is not the Kings but the Lords 4. The King cannot command any other to do that as King for the doing whereof he hath no power from God himself but the King hath no power from God to pronounce what sentence he pleaseth because the judgement is not his own but Gods And though inferiour Iudges
be sent of the King and appointed by him to be Iudges and so have their externall call from Gods deputy the King yet because judging is an act of conscience as one mans conscience cannot properly be a deputy for another mans conscience so neither can an inferior Iudge as a Iudge be a deputy for a King therefore the inferiour Iudges have designation to their office from the King but if they have from the King that they are Iudges and be not Gods deputies but the Kings they could not be commanded to execute judgement for God but for the King and Deut. 1.17 Moses appointed Iudges but not as his deputies to judge and give sentence as subordinate to Moses For the judgement saith he is the Lords not mine 6. If all the inferiour Iudges in Israel were but the deputies of the King and not immediately subordinate to God as his deputies then could neither inferiour Iudges be admonished nor condemned in Gods word for unjust judgement because their sentence should be neither righteous nor unrighteous judgement but in so far as the King should approve it or disapprove it and indeed that Royalist Hugo Grotius saith so That an inferiour Iudge can do nothing against the will of the supreme Magistrate if it be so When ever God commandeth inferiour Iudges to execute righteous judgement it must have this sense Respect not persons in judgement except the King command you crush not the poor oppresse not the fatherlesse except the King command you I understand not such policie Sure I am The Lords commandments rebukes and threats oblige in conscience the inferiour Iudge as the superiour as is manifest in these Scriptures Jerem. 5.1 Isai. 1.17 21. and 5.7 and 10.2 and 59.14 Jere. 22.3 Ezek. 18.8 Amos 5.7 Micah 3.9 Habak 1.4 Levit 19.15 Deut. 17.11 and 1.17 Exod. 23.2 Grotius saith It is here as in a Categorie the middle Spece is in respect of the Superiour a Spece in respect of the inferiour a Genus so inferiour Magistrates in relation to these who are inferiour to them and under them they are Magistrates or publike persons but in relation to superiour Magistrates especially the King they are private persons and not Magistrates Answ. Jehoshaphat esteemed not Iudges appointed by himself private men 2 Chron. 19.6 7. Yee judge not for men but for the Lord. 2. We shall prove that under Iudges are powers ordained of God 3. In Scotland the King can take no mans inheritance from him because he is King But if any man possesse Lands belonging to the Crown the King by his Advocate must stand before the Lord-Iudges of the Session and submit the matter to the Laws of the Land and if the King for propertie of Goods were not under a Law and were not to acknowledge Iudges as Iudges I see not how the subject in either Kingdoms have any proprietie 4. I judge it blasphemie to say That a sentence of an inferiour Iudge must be no sentence though never so legall nor just if it be contrary to the Kings will as Grotius saith He citeth that of Augustine If the Consul command one thing and the Emperour another thing you contemn not the power but you choose to obey the highest Peter saith He will have us one way to be subject to the King as to the supreme sine ulla exceptione without any exception but to these who are sent by the King as having their power from the King Answ. When the Consull commandeth a thing lawfull and the King that same thing lawfull or a thing not unlawfull we are to obey the King rather then the Consull so I expone Augustine 2. We are not to obey the King and the Consull the same way that is with the same degree of reverence and submission for we owe more submission of spirit to the King then to the Consul but magis minus non variant speciem more or lesse varieth not the natures of things but if the meaning be that we are not to obey the inferiour Iudge commanding things lawfull if the King command the contrary this is utterly denyed But saith Grotius The inferiour Judge is but the Deputie of the King and hath all his power from him therefore we are to obey him for the King Answ. The inferiour Iudge may be called the Deputy of the King where it is the Kings place to make Iudges because he hath his externall call from the King and is Iudge in foro Soli in the name and authority of the King but being once made a Iudge in foro poli before God he is as essentially a Iudge and in his officiall acts no lesse immediately subjected to God then the King himself Argum. 2. These powers to whom we are to yield obedience because they are ordained of God these are as essentially Iudges as the supreme Magistrate the King but inferiour Iudges are such Ergo Inferiour Iudges are as essentially Iudges as the supreme Magistrate The proposition is Rom. 13.1 For that is the Apostles Arguments whence we prove Kings are to be obeyed because they are powers from God I prove the assumption Inferiour Magistrates are powers from God Deut. 1.17 and 19.6 7. Exod. 22.7 Jere. 5.1 and the Apostle saith The powers that are are ordained of God 3. Christ testified that Pilate had power from God as a Iudge say Royalists no lesse then Caesar the Emperour Iohn 19.11 and 1 Pet. 2.12 We are commanded to obey the King and these that are sent by him and that for the Lords sake and for conscience to God and Rom. 13 5. We must be subject to all powers that are of God not onely for wrath but for conscience 4. These who are rebuked because they execute not just judgement as well as the King are supposed to be essentially Iudges as well as the King but inferiour Iudges are rebuked because of this Ierem. 22.15 16 17. Ezek. 45.9 10 11 12. Zeph. 3.3 Amos 5.6 7. Eccles. 3.16 Micah 3.2 3 4. Jerem. 5.31 Ierem. 5.1 5. He is the Minister of God for good and hath the sword not in vain but to execute vengeance on the evil doers no lesse then the King Rom. 13.2 3 4. He to whom agreeth by an Ordinance of God the specifick acts of a Magistrate he is essentially a Magistrate 6. The resisting of the inferiour Magistrate in his lawfull commandments is the resisting of Gods Ordinance and a breach of the fifth Commandment as is disobedience to parents and not to give him tribute and fear and honour is the same transgression Rom. 13.1 2 3 4 5 6 7. 7. These stiles of Gods of Heads of the people of Fathers of Physicians and healers of the sonnes of the most High of such as Raign and Decree by the wisedome of God c. that are given to Kings for the which Royalists make Kings onely Iudges and all inferiour Iudges but deputed and Iudges by participation and at the second hand or
to resist either is to resist the ordinance of God v. 2. both are by Office a terrour to evill workes v. 3. 3. both are the Ministers of God for good 2. Though the King send and give a call to the inferiour Iudge that doth no more make the inferiour Iudges powers in nature and spece different then Ministers of the Word called by Ministers of the Word have Offices different in nature Timotheus Office to be Preacher of the Word differeth not in specie from the Office of the Presbytery which layed hands on him though their Office by extension be more then Timothies Office 3. The peoples power is put forth in those same acts when they choose one to be their King and supreame Governour and when they set up an Aristocraticall Government and choose many or more then one to be their Governours for the formall object of one or many Governours is Iustice and Religion as they are to be advanced 2. The forme and manner of their opperation is brachio seculari by a coactive power and by the sword 3. The formall acts of King and many Iudges in Aristocracy are these same the defending of the poore and needy from violence the conservation of a Community in a peaceable and a godly life 1 Tim. 2. 2 Iob 29.12 13. Esay 1.17 4. These same Lawes of God that regulateth the King in all His Acts of Royall Government and tyeth and obligeth his conscience as the Lords Deputy to execute Iudgement for God and not in the stead of men in Gods Court of Heaven doth in like manner tye and oblige the conscience of Aristocraticall Iudges and all inferiour Iudges as is cleare and evident by these places 1 Tim. 2.2 not only Kings but all in authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are obliged to procure that their subjects leade a quiet and peaceable life in all godlinesse and honesty All in conscience are obliged Deut. 1.16 to judge righteously between every man and his brother and the stranger that is with them 17. Neither are they to respect persons in judgement but are to heare the small as well as the great nor to be affraid of the face of men the judgement administred by all is Gods 2. Chro. 19.6 All are obliged to feare God Deut. 17.19.20 to keepe the words of the Law not to be lifted up in heart above their brethren Esay 1.17 Ier. 22.2 3. Let any man show me a difference according to Gods Word but in the extention that what the King is to doe as a King in all the Kingdome and whole Dominions if God give to him many as he gave to David and Solomon and Ioshua that the inferiour Iudges are to doe in such and such Circuits and limited places and I quit the cause so as the inferiour Iudges are little Kings and the King a great and delated Iudge as a compressed hand or fist and the hand stretched out in fingers and thumbe are one hand so here 4. God owneth inferiour Iudges as a congregation of Gods Ps. 82.1.2 for that God sitteth in a congregation or Senate of Kings or Monarches I shall not beleeve till I see Royalists shew to me a Common-wealth of Monarches convening in one Iudicature all are equally called Gods Ioh. 10.35 Exod. 22.8 if for any cause but because all Iudges even inferiour are the immediate Deputies of the King of Kings and their sentence in Iudgement as the sentence of the Iudge of all the earth I shall be informed by the P. Prelate when he shall answer my reasons if his interdicted Lordship may cast an eye to a poore Presbyter below and as wisedome is that by which Kings raigne Prov. 8.15 so also v. 16. by which Princes Rule and Nobles even all the Iudges of the earth all that is said against this is That the King hath a Prerogative Royall by which he is differenced from all Iudges in Israel called jus regis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for saith Barclay The King as King essentially hath a Domination and power above all so as none can câ—nsure him or punish him but God because â—here be no thrones above his but the throne of God The Iudges of Israel 〈◊〉 Samuel Gedeon c. had no domination the dominion was in Gods hand 2. Wee may resist an inferior Iudge saith Arnisaeus otherwise there were no appeale from him and the wrong we suffer were irreparable as saith Marantius And all the Iudges of the earth saith Edw. Symmons are from God more remotely namely mediante Rege by the mediation of the Supreame even as the lesser starres have their light from God by the mediation of the Sun To the first I answer There was a difference betwixt the Kings of Israel and their Iudges no question but if it be an essentiall difference it is a question for 1. The Iudges were raised up in an extraordinary manner out of any Tribe to defend the people and vindicate their libertie God remaining their King the King by the Lords appointment was tyed after Saul to the Royall tribe of Judah till the Messiahs comming God tooke his own blessed libertie to set up a succession in the ten tribes 2. The Iudges were not by succession from father to sonne the Kings were as I conceive for the typicall eternitie of the Messiahs throne presignified to stand from generation to generation 3. Whether the Iudges were appointed by the election of the people or no some doubt because Iepthah was so made Iudge but I thinke it was not a law in Israel that it should be so but the first mould of a King Deut. 17. is by election But that God gave power of domineering that is of Tyrannizing to a King so as he cannot be resisted which he gave not to a Iudge I thinke no Scripture can make good For by what Scripture can Royalists warrant to us that the people might rise in armes to defend themselves against Moses Gideon Eli Samuel and other Iudges if they should have tyrannized over the people and that it is unlawfull to resist the most Tyrannous King in Israel and Iudah Yet Barclay and others must say this if they be true to that principle of Tyranny That the jus Regis the law or manner of the King 1 Sam. 8.9 11. 1 Sam. 10.25 doth essentially difference betwixt the Kings of Israel and the Iudges of Israel but we thinke God gave never any power of Tyranny to either Iudge or King of Israel and domination in that sense was by God given to none of them 2. Arnisaeus hath as little for him to say the inferior Magistrate may be resisted because we may appeale from him but the King cannot be resisted quia sanctitas Majestatis id non permittit the sanctitie of Royall majestie will not permit us to resist the King Ans. That is not Pauls argument to prove it unlawfull to resist Kings as Kings and doing their office because of the sanctitie of their Majestie that is as the
can it be called a wronging of the King that all cities and Burroughs of Scotland and England have power to choose their owne Provests Rulers and Majors 4. If it be warranted by God that the lawfull Call of God to the Throne be the election of the people the call of inferiour Iudges must also be from the people mediatly or immediatly So I see no ground to say that the inferiour Iudge is the Kings Vicegerent or that he is in respect of the King or in relation to supreme Authority only a private man 12. These Iudges cannot but be univocally and essentially Iudges no lesse then the King without which in a Kingdome Iustice is Physically unpossible and Anarchie and violence and confusion must follow if they be wanting in the Kingdome But without inferiour Iudges though there be a King Iustice is Physically unpossible and Anarchie and confusion must follow c. Now this Argument is more considerable that without inferiour Iudges though there be a King in a Kingdome Iustice and safety are unpossible and if there be inferiour Iudges though there be no King as in Aristocracy and when the King is dead and another not Crowned or the King is Minor or absent or a captive in the enemies Land yet justice is possible and the Kingdome preserved the Medium of the Argument is grounded upon Gods Word Num. 11.14 15. when Moses is unable alone to judge the people seventy Elders re-joyned with him 16.17 so were the Elders adjoyned to helpe him Exo. 24.1 Deut. 5.23 c. 22.16 Iosh. 23.2 Iudg. 8.14 Iudg. 11.5 Iudg. 11.11 1 Sam. 11.3 1 King 20.7 2 King 6.32 2 Chro. 34.29 Ruth 4.4 Deut. 19.12 Ezech. 8.1 Lament 1.19 then were the Elders of Moab thought they had a King 2. The end naturall of Iudges hath been indigence and weaknesse because men could not in a society defend themselves from violence therefore by the light of nature they gave their power to one or more and made a Iudge or Iudges to obtaine the end of selfe preservation But Nature useth the most efficacious meanes to obtaine its end but in a great society and Kingdome the end is more easily attained by many Governours then by one only for where there is but one he cannot minister Iustice to all and the farther that the children are removed from their father and tutor they are the nearer to violence and unjustice Iustice should be at as easie a rate to the poore as a draught of water Samuel went yearely through the Land to Bethell Gilgall Mizpeh 1 Sam. 7.16 and brought Iustice to the doores of the poore So were our Kings of Scotland obliged to doe of old but now justice is as deare as gold it is not a good argument to prove inferior Iudges to be only Vicars and Deputies of the King because the King may censure and punish them when they pervert judgement 1. Because the King in that punisheth them not as Iudges but as men 2. That might prove all the Subjects to be Vicars and Deputies of the King because he can punish them all in the case of their breach of lawes QUEST XXI What power the People and States of Parliament have over the King and in the State IT is true the King is the head of the Kingdome but the States of the Kingdome are as the temples of the head and so as essentially parts of the head as the King is the crown of the head Assert 1. These Ordines Regni the States have been in famous Nations so there were fathers of families and Princes of Tribes amongst the Jewes The Ephori amongst the Lacedemonians Polyb. hist. l. 6. The Senate amongst the Romanes The sorum Superbiense amongst the Arragonians The Parliaments in Scotland England France Spaine 2 Sam. 3.17 Abner communed with the Elders of Israel to bring the King home And there were Elders in Israel both in the time of the Judges and in the time of the Kings who did not only give advice and counsell to the Judges and Kings but also were Iudges no lesse then the Kings and Iudges which I shall make good by these places Deut. 21.19 The rebellious Son is brought to the Elders of the Citie who had power of life and death and caused to stone him Deut. 22.18 The Elders of the Citie shall take that man and chastise him Iosh. 20.4 But beside the Elders of every Citie there were the Elders of Israel and the Princes who had also judiciall power of life and death as the Iudges and King had Josh. 22.30 Even when Ioshua was Iudge in Israel the Princes of the Congregation and heads of the Thousands of Israel did judicially cognosce whether the Children of Reuben of Gad and of halfe the tribe of Manasseh were apostates from God and the Religion of Israel 2 Sam. 5.3 All the Elders of Israel made David King at Hebron and Num. 11. They are appointed by God not to be the advisers only and helpers of Moses but v. 14 17. to beare a part of the burden of ruling and governing the people that Moses might be eased Jeremiah is accused c. 26.10 upon his life before the Princes Iosh. 7.4 The Princes sit in judgement with Ioshua Iosh. 9.15 Ioshua and the Princes of the Congregation sware to the Gibeonites that they would not kill them The Princes of the house of Israel could not be rebuked for oppression in judgement Mic. 3.1 2 3. if they had not had power of judgement So Zeph. 3.3 And Deut. 1.17 2. Chron. 19.6 7. They are expresly made Iudges in the place of God And 1 Sam. 8.2 without advise or knowledge of Samuel the supreme Iudge they conveene and ask a King and without any head or superior when there is no King they conveene a Parliament and make David King at Hebron And when David is banished they conveen to bring him home againe when Tyrannous Athalia reigneth they conveene and make Ioash King and that without any King And Iosh. 22. there is a Parliament conveened and for any thing we can read without Ioshua to take cognisance of a new Altar It had been good that the Parliaments both of Scotland and of England had conveened though the King had not indicted and summoned a Parliament without the King to take order with the wicked Clergie who had made many idolatrous Altars And the P. Prelate should have brought an argument to prove it unlawfull iu foro Dei to set up the Tables and Conventions in our Kingdome when the Prelates were bringing in the grossest idolatrie into the Church a service for adoring of Altars of Bread the worke of the hand of the Bakeâ— a God more corruptible then any god of silver and gold And against Achabs will and minde 1 King 18 19. Elias causeth to kill the Priests of Baal according to Gods expresse law It is true it was extraordinary but no otherwise extraordinary then it is at this day When the supreme Magistrate
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
sent them Ans. 1. The Ambassadour is not to accept an unjust Ambassage that fighteth with the Law of nature 2. The Ambassadour and the Iudge differ the Ambassadour is the King and States Deputy both in his call to the Ambassage and also in the matter of the Ambassage for which cause he is not to transgresse what is given to him in Writ as a Rule but the inferiour Iudges and the high Court of Parliament though they were the Kings Deputies as the Parliament is in no sort his Deputy but he their Deputy Royall yet it is only in respect of their call not in respect of the matter of their Commission for the King may send the Iudge to judge in generall according to the Law and Iustice and Religion but he cannot depute the sentence and command the conscience of the Judge to pronounce such a sentence not such the inferiour Iudge in the act of judging is as independent and his conscience as immediatly subject to God as the King therefore the King owes to every sentence his approbative suffrage as King but not his either directive suffrage nor his imperative suffrage of absolute pleasure 6. If the King should sell his Country and bring in a forraigne Army the estates are to convene to take course for the safety of the Kingdome 7. If David exhort the Princes of Israel to helpe King Solomon in governing the Kingdome in building the Temple 2 Chron. 32.3 Ezechiah tooke counsell with his Princes and his mighty men in the matter of holding off the Assyrians who were to invade the Land if David 1 Chron. 13.1 2 3 4. consult with the Captaines of thousands and hundreds to bring the Arke of God to Kireath joarim if Solomon 1 King 8.1 Assemble the Elders of Israel and all the Heads of the Tribes and the chief of the fathers to bring the Arke of the Tabernacle to the congregation of the Lord. And Achab gather together the States of Israel in a matter that nearely concerned Religion If the Elders and people 1 King 20.8 counsell and decree that King Achab should hearken to Benhadad King of Syria and if Ahasuerus make no Decrees but with consent of his Princes Ester 1.21 nor Darius any Act without his Nobles and Princes if Hamor and Schechem Genes 34.20 would not make a Covenant with Iacobs Sons without the consent of the men of the City and Ephron the Hittite would not sell Abraham a buriall place in his Land without the consent of the children of Heth Gen. 23.10 Then must the estates have a power of judging with the King or Prince in matters of Religion Iustice and Government which concerne the whole Kingdome but the former is true by the Records of Scripture ergo so is the latter 8. The men of Ephraim complaine that Iephtah had gone to warre against the children of Ammon without them and hence rose warre betwixt the men of Ephraim and the men of Gilead Iud. 12.1 2 3. and the men of Israel fiercely contend with the men of Iudah because they brought King David home againe without them pleading that they were therein dispised 2 Sam. 19.41 42 43. which evinceth that the whole States have hand in matters of publick government that concerne all the Kingdome and when there is no King Iudg. 20. The chiefe of the people and of all the Tribes goe out in battell against the children of Benjamin 9. These who make the King and so have power to unmake him in the case of Tyranny must be above the King in power of Government but the Elders and Princes made both David and Saul Kings 10. There is not any who say that the Princes and people 1 Sam. 14. did not right in rescuing innocent Ionathan from death against the Kings Will and his Law 11. The speciall ground of Royalists is to make the King the absolute supreame giving all life and power to the Parliament and States and of meere grace convening them So Ferne the Author of Ossorianum p. 69. but this ground is false because the Kings power is fiduciary and put in his hand upon trust and must be ministeriall and borrowed from these who put him in trust and so his power must be lesse and derived from the Parliament but the Parliament hath no power in trust from the King because the time was when the man who is the King had no power and the Parliament had the same power that they now have and now when the King hath received power from them they have the whole power that they had before That is to make Lawes and resigned no power to the King but to execute Lawes and his convening of them is an Act of Royall Duty which he oweth to the Paliament by vertue of his Office and is not an act of grace for an act of grace is an act of free Will and what the King doth of free Will he may not doe and so he may never convene a Parliament But when David Salomon Asa Ezekiah Iehosaphat Achas convened Parliaments they convened Parliaments as Kings and so Ex debito virtute officii out of debt and Royall Obligation and if the King as the King be Lex animata a breathing and living Law the King as King must doe by obligation of Law what he doth as King and not from spontaneous and Arbitrary grace 2. If the Scripture holds forth to us a King in Jsrael and two Princés and Elders who made the King and had power of life and death as we have seene then is there in Israel Monarchy tempered with Aristocracy and if there were Elders and Rulers in every City as the Scripture saith here was also Aristocracy and Democracy And for the warrant of the power of the Estates I appeale to Iurists and to approved Authors Argu. l. aliud 160. § 1. De Iur. Reg. l. 22. Mortuo de fidei l. 11.14 ad Mum. l. 3.1.4 Sigonius De Rep. Iudaeor l. 6. c. 7. Cornelius Bertramo c. 12. Iunius Brutus Vindic. contra Tyran § 2. Author Libelli de jur Magistrat in subd q. 6. Althus Politic. c. 18. Calvin Institut l. 4. c. 20. Pareus Coment in Rom. 13. Pet. Martyr in Lib. Iudic. c. 3. Ioan. Marianus de rege Lib. 1. c. 7. Hottoman de jure Antiq. Regni Gallici l. 1. c. 12. Buchanan De jure Regni apud Scotos Obj. The King after a more noble way representeth the people then the Estates doth for the Princes and Commissioners of Parliament have all their power from the people and the peoples power is concentricated in the King Ans. The Estates taken collectively doe represent the people both in respect of Office and of persons because they stand Iudges for them for many represent many ratione numeri officii better then one doeth The King doth unproperly represent the people though the power for actuall execution of Lawes be more in the King yet a legislative power is more in the
Estates Neither will it follow that if the Estates of a Kingdome doe any thing but counsell a King they must then command him for a legall and judiciall advice hath influence in the effect to make it a Law not on the Kings Will to cause him give the being of a Law to that which without his Will is no Law for this supponeth that he is only Iudge Obj. What power the people reserveth they reserve it to themselves in unitate as united in a Parliament and therefore what they doe out of a Parliament is tumultous Ans. I deny the consequence they reserve the power of selfe preservation out of a Parliament and a power of convening in Parliament for that effect that they may by Common Counsell defend themselves QUEST XXII Whether the power of the King as King be absolute or dependent and limited by Gods first mould and paterne of a King DOctor Ferne sheweth us it was never his purpose to plead for absolutenesse of an Arbitrary commandement free from all Morall restraint laid on the power by Gods Law but only he striveth for a power in the King that cannot be resisted by the subject But truely we never disputed with Royalists of any absolute power in the King free from Morall subjection to Gods Law 1. Because any bond that Gods Law imposeth on the King it commeth wholly from God and the nature of a Divine Law and not from any voluntary contract or covenant either expresse or tacito betwixt the King and the people who made him King for if he faile against such a covenant though he should exceed the cruelty of a King or a man and become a Lion and a Nero a Mother-killer he should in all his inhumanity and breach of covenant be countable to God not to any man on earth 2. To dispute with Royalists if Gods Law lay any Morall restraint upon the King nor to dispute whether the King be a rationall man or no and whether he can sin against God and shall cry in the day of Gods wrath if he be a wicked Prince Hills fall on us and cover us as it is Revel 6.15 16. and whether Tophet be prepared for all workers of iniquity and certainly I justifie the Schoole-men in that question Whether or no God could have created a rationall creature such a one as by nature is impeccable and not naturally capable of sinne before God if Royalists dispute this question of their absolute Monarch they are wicked Divines 2. We plead not at this time saith the Prelate stealing from Grotius Barclaius Arnisaeus who spake it with more sinewes of reason for a masterly or despoticall or rather a slavishing Soveraignty which is Dominium herile an absolute power such as the great Turke this day exerciseth over his subjects and the King of Spaine hath over and in his territories without Europe we maintain only regiam potestatem quae fundatur in paterna such royall fatherly Soveraignty as we live under blessed be God and our predecessors This saith he as it hath its Royall Prerogative inherent to the Crowne naturally and inseparable from it so it trencheth not upon the liberty of the person or the property of the goods of the subject but in and by the lawfull and just acts of jurisdiction Ans. 1. Here is another absolute power disclaimed to be in the King he hath not such a masterly and absolute liberty as the Turke hath Why Iohn P. P. in such a tender and high point as concerneth soule and body of subjects in three Christian Kingdomes you should have taught us 1. What bonds and fetters any covenant or paction betwixt the King and people layeth upon the King why he hath not as King the power of the great Turke I will tell you The Great Turke may command any of his subjects to leape into a mountaine of fire and burne himselfe quick in conscience of obedience to his Law And what if the subject disobey the Great Turk if the Great Turke be a lawfull Prince as you will not deny And if the King of Spaine should command forraine conquered slaves to doe the like By your Doctrine neither the one nor the other were obliged to resist by violence but to pray or fly which both were to speake to stones and were like the man who in case of ship-wrack made his devotion of praying to the waves of the sea not to enter the place of his bed and drowne him But a Christian King hath not this power Why and a Christian King by Royalists doctrine hath a greater power then the Turke if greater can be he hath power to command his subjects to cast themselves into Hell-fire that is to presse on them a service wherein it is written Adore the worke of mens hands in the place of the living God and this is worse then the Turkes commandement of bodily burning quick And what is left to the Christian Subjects in this case is the very same and no other then is left to the Turkish and forraigne Spanish subject Either flee or make prayers There is no more left to us 2. Many Royalists maintaine that England is a conquered Nation Why then see what power by law of Conquest the King of Spaine hath over his slaves the same must the King of England have over his subjects For to Royalists a title by Conquest to a Crown is as lawfull as a title by birth or election For lawfulnesse in relation to Gods law is placed in an indivisible point if we regard the essence of lawfulnesse And therefore there is nothing left to England but that all Protestants who take the oath of a Protestant King to defend the true Protestant Religion should after prayers conveyed to the King through the fingers of Prelates and Papists leave the Kingdome empty to Papists Prelates and Atheists 3. All power restrained that it cannot arise from ten degrees to foureteen from the Kingly power of Saul 1 Sam. 8.9 11. to the Kingly power of the Great Turke to fourteen 1. must either be restrained by Gods law 2. or by Mans law or 3. by the innate goodnes and grace of the Prince or 4. by the providence of God A restraint from Gods law is vaine for it is no question between us and Royalists but God hath laid a morall restraint on Kings and all men that they have not morall power to sinne against God 2. Is the restraint laid on by mans law What law of man 1. The Royalist saith 1. The King as King is above all law of man Then say I no law of man can hinder the Kings power of ten to arise to the Turkish power of foureteen 2. All law of man as it is mans law is seconded either with Ecclesiasticall and spirituall coaction such as Excommunication or with Civill and temporall coaction such as is the Sword if it be violated But Royalists deny that either the sword of the Church in Excommunication or the
rise up and defend themselves Obj. 7. Here the Prelate borrowing from Grotius Barclay Arnisaus or it s possible he be not so farre travelled for Doct. Ferne hath the same Soveraignty weakned in Aristocracy cannot doe 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 Royall Prerogative then the Municipall Law hath determined as some smatterers in the Law say They cannot distinguish betwixt a Statute Declarative and a Statute Constitutive but the Statutes of a Kingdom do declare onely what is the Prerogative Royall but do not constitute or make it God Almightie hath by himself constituted it It is laughter to say the Decalogue was not a Law till God wrote it Answ. Here a profound Lawyer calleth all smatters in the Law who cannot say that non ens a Prerogative Royall that is a power contrary to God and mans Law to kill and destroy the innocent came not immediately down from Heaven but I professe my self no Lawyer but do maintain against the Prelate that no Municipall Law can constitute a power to do ill nor can any Law either justly constitute or declare such a fancie as a Prerogative Royall so far is it from being like the Decalogue that is a Law before it be written that this Prerogative is neither Law before it be written nor after Court Placebo's have written for it for it must be eternall as the Decalogue if it have any blood from so noble a house 2. In what Scripture hath God Almightie spoken of a fancied Prerogative Royall P. Prelate Prerogative resteth not in its naturall seat but in the King God saith Reddite not Date render to Kings that which is Kings not give to Kings it shall never be well with us if his annointed and his Church be wronged Answ. The Prelate may remember a Countrey Proverb He and his Prelates called the Church the scum of men not the Church are like the Tinkers dogs they like good company they must be ranked with the King And 2. Here a false Prophet It shall never be well with the Land while Arbitrary power and Popery be erected saith he in good sense P. â—â—elate The King hath his right from God and cannot make it away to the people Render to Caesar the things that are Caesars Kings persons their Charge their Right their Authority their Prerogative are by Scriptures Fathers Iurists Sacred inseparable Ordinances inherent in their Crowns they cannot be made away and when they are given to inferiour Judges it is not ad minuendam majestatem sed solicitudinem to lessen Soveraign Majesty but to ease them Answ. The King hath his right from God What then not from the people I read in Scripture The people made the King Never That the King made the people 2. All these are inseparably in the Crown but he stealeth in Prerogative Royall in the clause which is now in question Render to Caesar all Caesars And therefore saith he Render to him a Prerogative that is an absolute power to pardon and sell the blood of thousands Is power of blood either the Kings or inherent inseparably in his Crown Alas I fear Prelates have made blood an inseparable accident of his Throne 3. When Kings by that publike power given to them at their Coronation maketh inferiour Iudges they give them power to judge for the Lord not for men Deut. 1.17 2 Chron. 19.6 Now they cannot both make away a power and keep it also for the inferiour Iudges conscience hangeth not at the Kings girdle he hath no lesse power to judge in his sphere then the King hath in his sphere though the Orb and circle
only from this fountaine because the People have transferred their power to the King Lib. 1. digest tit 4. de constit Princip leg 1. sic Vlpian Quod Principi placuit loquitur de Principe formaliter qua Princeps est non qua est homo legis habet vigorem utpote cum lege Regia quae de imperio ejus lata est populus ei in eum omne suum imperium potestatem conferat Yea the Emperour himselfe may be conveened before the Prince Elector Aurea Bulla Carol. 4. Imper c. 5. The King of France may be conveened before the Senate of Paris The States may resist a Tyrant as Bossius saith de Principe privileg jus n. 55. Paris de puteo iu tract syno tit de excess Reg. c. 3. Divines acknowledge that Elias rebuked the halting of Israel betwixt God and Baal that their Princes permitted Baals Priests to converse with the King And is not this the sinne of the Land that they suffer their King to worship Idols and therefore the Land is punished for the sinnes of Manasseh as Knox observeth in his Dispute with Lethington where he proveth that the States of Scotland should not permit the Queen of Scotland to have her abominable Masse Hist. of Scotland l. 4. p. 379. edit an 1644. Surely the power or Sea-Prerogative of a sleepie or mad Pilot to split the ship on a rock as I conceive is limited by the Passengers Suppose a father in a distemper would set his own house on fire and burne himselfe and his ten sonnes I conceive his Fatherly prerogative which neither God nor Nature gave should not be looked to in this but they may binde him Yea Althusius polit c. 39. n. 60. answering that That in Democracie the people cannot both command and obey saith It is true secundum ideus ad idem eodem tempore But the people may saith he choose Magistrates by succession Yea I say 1. they may change Rulers yearely to remove envie A yearely King were more dangerous the King being almost above envie Men incline more to flatter then to envie Kings 2. Aristotle saith polit l. 4. c. 4. l. 6. c. 2. The people may give their judgement of the wisest Obj. Williams B. of Ossorie Vindic. Reg. A Looking-glasse for Rebels saith p. 64. To say the King is better than any one doth not prove him to be better then two and if his supremacie be no more then any other may challenge as much for the Prince is singulis major A Lord is above all Knights a Knight above all Esquires and so the People have placed a King under them not above them Ans. The reason is not alike for all the Knights united cannot make one Lord and all the Esquires united cannot make one Knight but all the People united made David King at Hebron 2. The King is above the people by eminencie of derived authoritie as a Watchman and in actuall supremacie and he is inferior to them in fountaine-power as the effect to the cause Object 2. The Parliament saith Williams may not command the King Why then make they supplications to him if their Vote be a Law Ans. They supplicate ex decentia of decencie and connveniencie for his place as a Citie doth supplicate a Lord Major but they supplicate not ex debito of obligation as beggars seeke almes then should they be cyphers 2. When a Subject oppressed supplicateth his Soveraigne for justice the King is obliged by office to give justice And to heare the oppressed is not an act of grace and mercie as to give almes though it should proceed from mercie in the Prince Psal. 72.13 but an act of Royall debt 3. The P. Prelate objecteth The most you claime to Parliaments is a coordinate power which in law and reason run in equall tearmes In Law par in parem non habet imperium an equall cannot judge an equall much lesse may an inferiour usurpeto judge a superiour Our Lord knew gratiâ visionis the woman taken in adulterie to be guilty bat he would not sâ—ntence her to teach us not improbably not to be both Judge and Witnesse The Parliament are Judges accusers and witnesses against the King in their owne cause against the Imperiall lawes Ans. 1. The Parliament is coordinate ordinarily with the King in the power of making Lawes but the coordination on the Kings part is by derivation on the Parliaments part originaliter fontaliter as in the fountaine 2. In ordinarie there is coordination but if the King turne Tyrant the Estates are to use their fountaine-power And that of the Law Par in parem c. is no better from his Pen that stealeth all he hath then from Barclaius Grotius Arnisaeus Blackwood c. It is cold and sowre We hold the Parliament that made the King at Hebron to be above their own creature the King Barclaius saith more acurately l. 5 cont Monarch p. 129. It is absurd that the People should both be subject to the King and command the King also Ans. It is not absurd that a Father naturall as a private man should be subject to his Sonne even that Jesse and his elder brother the Lord of all the rest be subject to David their King Royalists say Our late Queen being supreme Magistrate might by Law have put to death her own husband for adulterie or murther 2. The Parliament should not be both Accuser Iudge and Witnesse in their own cause 1. It is the Cause of Religion of God of Protestants and of the whole people 2. The oppressed accuse there is no need of Witnesses in raising armes against the Subjects 3. The P. Prelate could not object this if against the Imperiall laws the King were both Partie and Iudge in his own cause and in these acts of arbitrarie power which he hath done through bad counsell in wronging Fundamentall lawes raising armes against his subjects bringing in forraigne enemies into both his Kingdomes c. Now this is properly the cause of the King as he is a man and his owne cause not the cause of God and by no Law of nature reason or Imperiall Statutes can he be both Iudge and party 4. If the King be sole supreame Iudge without any fellow sharers in power 1. He is not obliged by Law to follow Counsell or hold Parliaments for Counsell is not Command 2. It is unpossible to limit him even in the exercises of his power which yet Dr. Ferne saith cannot be said for if any of his power be retrinched God is robbed saith Maxwell 3. He may by Law play the Tyrant gratis Ferne objecteth § 7. pag. 26. The King is a fundamentall with the Estates now foundations are not to be stirred or removed Ans. The King as King inspired with Law is a fundamentall and his power is not to be stirred but as a man wasting his people he is a destruction to the house and community and not a
B. of Ossarie answereth to the Maxime Salus populi c. No wise King but will carefully provide for the peoples safety because his safety and honour is included in theirs his destruction in theirs And it is saith Lipsius egri animi proprium nihil diu pati Absolom perswaded there was no justice in the Land when he intendeth Rebellion And the poore Prelate following him spendeth pages to prove that Goods Life Chastity and Fame dependeth on the safety of the King as the breath of our nostrills our Nurse-father our Head corner-stone and Judge c. 17.6.18.1 The reason why all disorder was in Church and State was not because there was no Iudge no Government none can be so stupid as to imagine that But because 1. They wanted the excellentest of Governments 2. Because Aristocracy was weakened so as there was no right No doubt Priests there were but Hos. 4. either they would not serve or were over-awed no doubt in those daies they had Iudges but Priests and Iudges were stoned by a rascally multitude and they were not able to rule therefore it is most consonant to Scripture to say Salus regis suprema populi salus The safety of the King and his Prerogative Royall is the safest sanctuary for the people So Hos. 3.4 Lament 2.9 Ans. 1. The question is not of the Wisedome but of the Power of the King if it should be bounded by no Law 2. The flatterer may know there be more foolish Kings in the world then wise and that Kings misled with Idolatrous Queenes and by name Achab ruined himselfe and his posterity and Kingdome 3. The salvation and happinesse of men standing in the exalting of Christs Throne and the Gospell ergo every King and every man will exalt the Throne and so let them have an incontrollable power without constraint of Law to doe what they list and let no bounds be set to Kings over subjects by this Argument their owne wisedome is a law to leade them to Heaven 4. It is not Absoloms mad Male-contents in Britane but there were really no justice to Protestants all indulgence to Papists Popery Arminianisme Idolatry printed Preached professed rewarded by Authority Parliaments and Church Assemblies the Bulwarkes of Iustice and Religion were denyed dissolved crushed c. 5. That by a King he understandeth a Monarch Iudg. 17. and that such a one as Saul of Absolute power and not a Iudge cannot be proved for there were no Kings in Israel in the Iudges daies the Government not being changed till neare the end of Samuels Government 6. And that they had no Iudges he saith It is not imaginable but I rather beleeve God then the Prelate Every one did what was right in his owne eyes because there was none to put ill doers to shame Possible the Estates of Israel governed some way for meere necessity but wanting a supreme Iudge which they should have they were loose but this was not because where there is no King as P. P. would insinuate there was no Government as is cleare 7. Of tempered and limited Monarchy I thinke as honourably as the Prelate but that absolute and unlimited Monarchy is excellenter then Aristocracy I shall then beleeve when Royalists shall prove such a Government in so farre it is absolute to be of God 8. That Aristocracy was now weakened I beleeve not seeing God so highly commendeth it and calleth it his own reigning over his people 1 Sam. 8.7 The weakening of it through abuse is not to a purpose more then the abuse of Monarchy 9. No doubt saith he Hos. 4. They were Priests and Iudges Hos. 4. but they were over-awed as they are now J thinke he would say Hos. 3.4 otherwise he citeth Scripture sleeping That the Priests of Antichrist be not only over-awed but out of the earth I yeeld that the King be limited not over-awed I thinke Gods Law and mans Law alloweth 10. The safety of the King as King is not only safety but a blessing to Church and State and therefore this P. Prelate and his fellowes deserve to be hanged before the Sun who have led him on a warre to destroy him and his Protestant subjects But the safety and flourishing of a King in the exercises of an Arbitrary unlimited power against Law and Religion and to the destruction of his subjects is not the safety of the people nor the safety of the Kings soule which these men if they be the Priests of the Lord should care for The Prelate commeth to refute the learned and worthy Observator The safety of the people is the supreme Law ergo the King is bound in duty to promote all and every one of his subjects to all happinesse The Observator hath no such inference the King is bound to promote some of his subjects even as King to a Gallowes especially Irish Rebells and many bloudy Malignants But the Prelate will needs have God rigorous hallowed be his name if it be so for it is unpossible to the tenderest-hearted father to doe so actuall promotion of all is unpossible that the King intend it of all his subjects as good subjects by a Throne established on righteousnesse and judgement is that which the worthy Observator meaneth other things here are answered The summe of his second answer is a repetition of what he hath said I give my word in a Pamphlet of one hundred ninety and foure pages I never saw more idle repetitions of one thing twenty times before said But page one hundred sixty and eight he saith The safety of the King and his subjects in the Morall notion may be esteemed Morally the same no lesse then the soule and the body make one personall subsistence Ans. This is strange Logick the King and his subjects are Ens per aggregationem and the King as King hath one Morall subsistence and the people another Hath the Father and the sonne the Master and the servant one Morall subsistence but the man speaketh of their well being and then he must meane that our Kings Government that was not long agoe and is yet to wit the Popery Arminianisme Idolatry cutting of mens eares and noses banishing imprisonment for speaking against Popery arming of Papists to slay Protestants pardoning the bloud of Ireland that I feare shall not be soone taken away c. are identically the same with the life safety and happinesse of Protestants then life and death justice and unjustice Idolatry and sincere worship are identically one as the soule of the Prelate and his body are one The third is but a repitition The Acts of Royaltie saith the Observator are Acts of dutie and obligation Ergo not acts of grace properly so called Ergo We may not thank the King for a courtesie This is no consequence What fathers do to children are acts of naturall dutie and of naturall grace and yet children owe gratitude to parents and subjects to good Kings in a legall sense No but in way of courtesie onely
and Prickman answereth to many places alledged out of the Lawyers to prove the King to be above the Law Maldorus in 12. Art 4 5 9 96. will have the Prince under that Law which concerneth all the Common-wealth equally in regard of the matter and that by the Law of nature but he will not have him subject to these Lawes which concerneth the subjects as subjects as to pay tribute He citeth Francisâ— a Vict. Covarruvia and Turrecremata He also will have the Prince under positive Lawes such as not to transport victualls not because the Law bindeth him as a Law But because the making of the Law bindeth him Tanquam conditio sine qua non even as he who teacheth another that he should not steale he should not steale himselfe Rom. 2. But the truth is this is but a branch of the Law of Nature that I should not commit Adultery and Theft and Sacriledge and such sinnes as nature condemneth if I shall condemne them in others and doth not prove that the King is under the coactive power of Civill Lawes Vlpianus l. 31. F. de regibus saith The Prince is loosed from Lawes Bodine de Repub. l. 7. c. 8. Nemo imperat sibi No man commandeth himselfe Tholosanus saith Ipsius est dare non accipere leges The Prince giveth Lawes but receiveth none De Rep. l. 7. c. 20. Donellus Lib. 1. Comment c. 17. distinguisheth betwixt a Law and a Royall Law proper to the King Trentlerus Volum 1.79.80 saith The Prince is freed from Laws and that he obeyeth Laws de honestate non de necessitate Vpon honesty not of necessity Thomas P. 1. q. 96. Art 5. and with him Soto Gregorius de Valentia and other Schoole-men subject the King to the directive power of the Law and liberate him of the coactive power of the Law Assert 7. If a King turne a Paricide a Lyon and a waster and destroyer of the people as a man he is subject to the Coactive power of the Lawes of the Land If any Law should hinder that a Tyrant should not be punished by Law it must be because he hath not a superiour but God for Royalists build all upon this but this ground is false because the Estates of the Kingdome who gave him the Crowne are above him and they may take away what they gave him as the Law of Nature and God saith If they had knowne he would turne Tyrant they would never have given him the swordâ—â— and so how much ignorance is in the contract they made with the King as little of will is in it and so it is not every way willing but being conditionall is supposed to be against their will 2. They gave the power to him only for their good and that they make the King is cleare 2 Chron. 23.11 1 Sam. 10.17 24. Deut. 17.14 15 16 17. 2 King 11. v. 12. 1 King 16.21 2 King 10.5 Iud. 9.6.2 2 Chron. 26.18 fourescore valiant men of the Priests withstood Vzziah in a corporall violence and thrust him out and cut him off from the house of the Lord. And 2. If the Princes place doe not put him above the Lawes of Church-Discipline Matth. 18. for Christ excepteth none and how can men except and if the rod of Christs lips smite the earth and slay the wicked Esay 11.4 and the Prophets Elias Nathan Ieremiah Esaiah c. Iohn Baptist Iesus Christ and his Apostles have used this rod of censure and rebuke as servants under God against Kings this is a sort of spirituall coaction of Lawes put in execution by men and by due proportion corporall coaction being the same ordinance of God though of another nature must have the like power over all whom the Law of God hath not excepted but Gods Law excepteth none at all 3. It is presumed that God hath not provided better for the safety of the part then of the whole especially when he maketh the part a meane for the safety of the whole But if God have provided that the King who is a part of the Common-wealth shall be free of all punishment though he be a habituall destroyer of the whole Kingdome seeing God hath given him to be a Father Tutor Saviour Defender thereof and destinated him as a meane for their safety then must God have worse not better provided for the safety of the whole then of the part The Proposition is cleare in that God Rom. 13.4 1 Tim. 2.2 hath ordained the Ruler and given to him the sword to defend the whole Kingdome and City but we read no where that the Lord hath given the sword to the whole Kingdome to defend one man a King though a Ruler come going on in a Tyrannicall way of destroying all his subjects The assumption is evident for then the King turning Tyrant might set an Army of Turkes Jewes cruell Papists to destroy the Church of God without all feire of Lâ—w or punishment Yea this is contrary to the doctrine of Royalists for Winzetus adversus Buchanaâ—um p. 275. sâ—ith of Nero that he seeking to destroy the Senate and people of Româ— and seeking to mâ—ke new lawes for himselfe excidit jure Regni lost right to the Kingdome And Barclaius advers Monarcho-Machous l. 3. c. ult p. 212 213. saith A Tyrant such as Caligula spoliare se jure Regni spoileth himselfe of the right to the Crown And in that same place Regem si regnum suum alienae ditioni manciparit regno cadere If the King sell his Kingdome he loseth the title to the Crown Grotius de jure belli pacis l. 1. c. 4. n. 7 Si Rex hostili animo in totius populi exitium feratur amittit regnum If he turne Enemie to the Kingdome for their destruction he loseth his Kingdome because saith he Voluntas imperandi voluntas perdendi simul consistere non possunt A will or minde to governe and to destroy cannot consist together in one Now if this be true that a King turning Tyrant loseth title to the Crown this is either a falling from his Royall title only in Gods court or it is a losing of it before men and in the court of his Subjects If the former be said 1. He is no King having before God lost his Royall title and yet the people is to obey him as the Minister of God and a power from God when as he is no such thing 2. In vaine doe these Authors provide remedies to save the people from a Tyrannous waster of the people if they speake of a Tyrant who is no King in Gods court only and yet remaineth a King to the people in regard of the Law for the places speake of Remedies that God hath provided against Tyrants cum titulo such as are lawfull Kings but turn Tyrants Now by this they provide no remedie at all if only in Gods court and not in Mans court also a Tyrant lose his title As for Tyrants sine
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
due to him then hinder the course of the Gospel And the like is 1 Cor. 6. where the Corinthians were rather to suffer losse in their goods then to goe to Law before Infidel Judges and by the like to prevent greater inconveniences and mutilation and death the Christian servant hath that dominion over his members rather to suffer buffâ—ts then to ward off buffets with violent resistance But it is no consequent that innocent subjects should suffer death of tyrants and servants be killed by masters and yet that they shall not be allowed by the law of nature to defend themselves by re-offending when onâ—ly self-defence is intended because we have not that dominion over life and death And therefore as a man is his brothers murtherâ—r who with froward Cain will not be his brothers keeper and may preserve his brothers life without losse of his owne life when his brother is unjustly preserved so when he may preserve his owne life and doth not that which Natures Law alloweth hâ—m to doe rather to kill ere he be killed he is guilty of self-murther because he is deficient in the duty of lawfull self-defence But I grant to offend or kill is not of the nature of defensive warre but accidentall therâ—unto and yet killing of cut-throats sent forth by the illegal commandement of the King may be intended as a mean and a lawfull mean of self-defence 2. Of two ills of punishment we have a comparative dominion over our selves a man may cast his goods in the sea to redeeme his life So for to redeeme peace we may suffer buffets but because death is the greatest ill of punishment God hath not made it eligible to us when lawfull self defence is at hand But in defending our own life against Tyrannicall power though we do it by offending and killing we resist no ordinance of God onely I judge killing of the King in self-defence not lawfull because self-defence must be national on just causes Let here the reader judge Barcley l. 3. c. 8. pag. 159. con Monar If the King saith he shall vex the Common-wealth or one part thereof with great and intollerable cruelty what shall the people do they have saith he in that case a power to resist and defend themselves from injury but onely to defend themselves not to invade the Prince nor to resist the injury or to recede from reverence due to the Prince I answer 1. Let Barclay or the prelate if he may carry Barclayes books or any difference these two the people may resist a Tyrant but they may not resist the injuries inflicted by a Tyrants officers cut-throats I cannot imagine how to conciliate these two for to resist the cruelty of a King is but to hold off the injurie by resistance 2. If this Nero waste the Common-wealth unsufferably with his cruelty and remaine a lawful King to be honoured as a King who may resist him according to Royalists way but from Rom. 13. they resist the Ordinance of God 3. Resisting is not a meere suffering nor is it a morall resisting by alledging lâ—wes to be broken by him We had never a question with Royalists about such resisting 2. Nor is this resisting non-obedience to unjust commandements that resisting was never yet in question by any except the Papists who in good â—arnest by consequent say It is better to obey men then God 3. It is then resisting by bodily violence but if the King have such an absolute power given him by God as Royalists fancie from Rom. 13.1 2. 1 Sam. 8 9 11. I know not how Sujects have any power given them of God to resist the power from God and Gods Ordinance And if this resisting extend not it selfe to defensive wars how shall the people defend themselves from injuries and the greatest injuries imaginable from an Armie of Cut-throats and Idolaters in war comming to destroy Religion set up Idolatry and root out the name of Gods people and lay waste the mountaine of the Lords house And if they may defend themselves by defensive wars how can wars be without offending 3. The law of Nature teacheth to repell violence with violence when one man is oppressed no lesse then when the Common-wealth is oppressed Barclay should have given either Scripture or the law of Nature for his warrant here 4. Let us suppose a King can be perjured how are the Estates of the Kingdome who are his Subjects by Barclays way not to challenge such a Tyrant of his perjurie He did swear he should be meek and clement and he is now become a furious Lyon shall the flock of God be committed to the keeping of a furious Lyon D. Ferne p. 3. sect 2. pag. 9. addeth Personall defence is lawfull against sudden and illegall invasion such as Elisha practiced even if it were against the Prince to ward blowes and to hold the Princes hand but not to returne blowes but generall resistance by Armes cannot be without many unjust violences and doth immediatelie strike at the order which is the life of the Common-wealth Answ. If it be naturall to one man to defend himself against the personall invasion of a Prince then is it naturall and warrantable to ten thousand and to a whole Kingdome and what reason to defraud a Kingdome of the benefit of self-defence more then one man Neither grace nor policy destroyeth nature and how shall ten or twenty thousand be defended against Cannons and Musquets that killeth afar off except they keepe Townes against the King which D. Ferne and others say had beene treason in David if he had kept Keilah against King Saul except they be armed to offend with weapons of the like nature to kill rather then be killed as the Law of nature teacheth 3. To hold the hands of the Prince is no lesse resisting viâ—lence then to cut the lap of his garment which Royalists think unlawfull and is an opposing of externall force to the Kings person 4. It is true warres meerely defensive cannot be but they must be offâ—nsive but they are offensive by accident and intended for meere defence and they cannot be without warres sinfully offensive nor can any warres be in rerum naturâ now I except the warres commanded by God who onely must have beene sinfull in the manner of doing but some innocent must be killed but warres cannot for that be condemned 5. Neither are offensive warres against these who are no powers and no ordinances of God such as are cut-throate Irish condemned Prelates and Papists now in Armes more destructive to the order established by God then acts of lawfull war are or the punishing of robbers and by all this Protestants in Scotland and England should remaine in their houses unarmed while the Papists and Irish come on them armed and cut their throats and spoyle and plunder at will Nor can we think that resistance to a King in holding his hands can be naturall if he be stronger it is not a
Mutilation lâ—sse of Chastity Quoniam facta infecta fieri nequeunt things of that kinde once done can never be undone we are to prevent the enemy l. Zonat. tract defens par 3. l. in bello § factae de capit notat Gloss. in l. si quis provocatione If the King send an Irish Rebell to cast me over a bridge and drowne me in a water I am not to do nothing while the Kings emissary first cast me over and then in the next room I am to defend my self but nature and the law of self-defence warranteth me if I know certainly his ayme to horse him first over the bridge and then consult how to defend my sâ—lfe at my own leasure Royalists object that David in his defence never invaded and persecuted Saul yea when he came upon Saul and his men sleeping hee would not kill any but the Scottish and Parliaments Forces not onely defend but invade offend kill and plunder and this is cleerely an offensive not a defensive warre Answ. There is no defensive warre different in spece and nature from an offensive warre if we speake physically they differ onely in the event and intention of the heart and it is most cleare that the affection and intention doth make one and the same action of taking away the life either homicide or no homicide If a man out of hatred deliberatâ—ly take away his brothers life he is a murtherer catenus but if that same man had taken away that same brothers life by thâ—â—lying off oâ— an Axe heâ—d ofâ— the staffe while he was hewing timber he neither hating him before nor intending to hurt his brother he is no murtherer by Gods expresse Law Deut. 4.42 Deut. 19 4. Ioshua 20.5 2. The cause betweene the King and the two Parliaments and betweene Saul and David are so different in this as it is much for us Royalists say David might if he had seene offending to conduce for sâ—lfe-preservation have invaded Sauls men and say they the case was extraordinary and bindeth not us to selfe-defence and thus they must say for offensive weapons such as Goliahs sword and an hoast of armed men cannot by any rationall men be assumed and David had the wisdome of God but to offend if providence should so dispose and so what was lawfull to David is lawfull to us in self-defence he might offend lawfully and so may we 2. If Saul and the Philistims ayming as under an oath to set up Dagon in the land of Israel should invade David and the Princes and Elders of Israel who made him King and if David with an hoast of armed men he and the Princes of Israel should come in that case upon Saul and the Philistims sleeping if in that case David might not lawfully have cut oft the Philistims and as he defended in that case Gods Church and true Religion if he might not then have lawfully killed I say the Philistims I remit to the conscience of the Reader Now to us Papists and Prelates under the Kâ—nâ—s banner are Philistims introducing the Idolatry of Bread-worship and Popery as hatefull to God as Dagon-worship 3. Saul intended no arbitrary government nor to make Israel a conquered people nor yet to cut off all that professed the true worship of God nor came Saul against these Princes Elders and people who made him King only Davids head would have made Saul lay downe Arms but Prelates and Papists and Malignants under the King intâ—nd to make the Kings sole will a Law to destroy the Court of Parliament which putteth Lawes in execution against their Idolatry and their ayme is that Protestants be a conquered people and their attempt hath been hitherto to blow up King and Parliament to cut off all Protestants and they are in Armes in divers parts of the Kingdome against the Princes of the Land who are no lesse Judges and deputies of the Lord then the King himselfe and would kill and do kill plunder and spoyle us if we kill not them And the case is every way now betweene Armies and Armies as betweene a single man unjustly invaded for his life and an unjust invader neither in a naturall action such as is self-defence is that of policy to be urged none can be Judge in his owne cause when oppression is manifest one may be both agent and patient as the fire and water conflicting there is no need of a judge a community casts not off nature when the judge is wanting nature is judge actor accused and all Lastly no man is Lord of his owne members of his body m. l. liber homo ff ad leg Aqui. nor Lord of his owne life but is to be accountable to God for it QUEST XXXII Whether or no the lawfulnesse of defensive warres hath its warrant in Gods word from the example of David Elisha the eighty Priests who resisted Uzziah c DAvid defended himselfe against King Saul 1. by taking Goliahs sword with him 2. by being Captaine to six hundred men yea it is more then cleare 1 Chron. 12. that there came to David a hoast like the hoast of God v. 22. to help against Saul exceeding foure thousand v. 36. Now that this hoast came warrantably to help him against Saul I prove 1. because it is said ver 1. Now these are they that came to David to Ziglag while he kept himselfe close because of Saul the son of Kish and they were amongst the mighty men helpers of the warre and then so many mighty Captains are recâ—oâ—ed out v. 16. There came of the children of Benjamin and Iudah to the hold of David v. 19. And there fell some of Manasseh to David 20. As he went to Ziglag there fell to him of Manasseh Kenâ—h and Jozabad Jediel and Michael and Jozabad and Elihu and Zilthai Captaines of the thousands that were of Manasseh 21. And they helped David against the band of the rovers 22. At that time day by day there came to David untill it was a great hoast like the hoast of God Now the same expression that is ver 1. where it is said they came to help David against Saul which ver 1. is repeated ver 16. ver 19 20 21 22 23. 2. That they warrantably came is evident because 1. the Spirit of God commendeth them for their valor and skill in war ver 2. ver 8. ver 15. ver 21. which the Spirit of â—od doth not in unlawfull wars 2. Because Amasai v. 18. The Spirit of the Lord comming on him saith Thine are we David and on thy side thou son of Jesse peace peace unto thee and peace to thy helpers for thy God helpeth thee The Spirit of God inspireth no man to pray peace to those who are in an unlawfull warre 3. That they came to Davids side onely to be sufferers and to flee with David and not to pursue and offend is ridiculous 1. It is said ver 1. They came to David to Ziglag while he kept himselfe close
because of Saul the son of Kish And they were amongst the mighty men helpers of the warre It is a scorne to say that their might and their helping in warre consisted in being meere patients with David and such as fled from Saul for they had beene on Sauls side before and to come with armour to flee is a mocking of the word of God 2. It is cleare the scope of the Spirit of God is to shew how God helped his innocent servant David against his persecuting Prince and Master King Saul in moving so many mighty men of warre to come in such multitudes all in Armes to help him in warre Now to what end would the Lord commend them as fit for Warre men of might fit to handle shield buckler whose faces are as the faces of Lyons as swift as the Roes on the Mountaines ver 8. and commend them as helpers of David if it were unlawfull for David and all those mighty men to carry Armes to pursue Saul and his followers and to doe nothing with their armour but flee Judge if the Spirit of God in reason could say All these men came armed with bowes ver 2. and could handle both the right hand and the left in slinging stones and shooting of arrowes and that ver 22. all these came to David being mighty men of valour and they came as Captains over hundreds and thousands they put to slight all them of the valleyes both toward the East and toward the West ver 14 15. and that David received them and made them Captains of the band if they did not come in a posture of warre and for hostile invasion if need were For if they came onâ—ly to suffer and to flee not to pursue Bowes Captaines and Captaines of Bands made by David and Davids helpers in the warre came not to help David by â—lying that was a hurt to David not a help It is true M. Symmons saith 1 Sam. 22.2 Those that came out to David strengthened him but he strengthened not them and David might easily have revenged himselfe on the Ziphites who did good will to betray him to the hands of Saul if his conscience had served him Answ. 1. This would inferre that these armed men came to help David against his conscience and that David was a patient in the businesse the contrary is in the Text 1 Sam. 26.2 David became a Captaine over them and 1 Chron. 12.17 If ye come peaceably to help me my heart shall be knit to you ver 18. Then David received them and made them Captains of the band 2. David might have revenged himselfe upon the Ziphites True but that Conscience hindred him cannot be proved To pursue an enemie is an act of a Councell of Warre and he saw it would create more enemies not help his Cause 3. To David to kill Saul sleeping and the people who out of a mis-informed consciencâ— came out many of them to help their lawfull Prince against a Traitor as was supposed seeking to kill their King and to usurp the throne had not been wisdome nor justice because to kill the enemie in a just self-defence must be when the enemie actually doth invade and the life of the defendant cannot be otherwise saved A sleeping enemie is not in the act of unjust pursuit of the innocent but if an Armie of Papists Philistims were in the fields sleeping pursuing not one single David onely for a supposed personall wrong to the King but lying in the fields and campe against the whole Kingdome and Religion labouring to introduce arbitrary Government Popery Idolatry and to destroy Lawes and Liberties and Parliaments then David were obliged to kill these murtherers in their sleep If any say The case is all one in a naturall self-defence what ever be the cause and who ever be the enemy because the self-defender is not to offend except the unjust Invader be in actuall pursuit now Armies in their sleep are not in actuall pursuit Answ. Whâ—n one man with a multitude invadeth one man that one man may pursue as he seeth most conducible for self-defence Now the Law saith Threatnings and terror of Armour maketh imminent danger and the case of pursuit in self-defence lawfull iâ— therefore an Armie of Irish Rebels and Spanyards were sleeping in their Camp and our King in a deep sleep in the midst of them and these Râ—bâ—ls actually in the Camp besieging the Parliament and the Citie of London most unjustly to take away Parliament Laws and Liberties of Religion it should follow that Generall Essex ought not to kill the Kings Majesty in his sleep for he is the Lords Anointed but 1. will it follow that Generall Essex may not kill the Irish Rebels sleeping about the King and that he may not rescue the Kings Person out of the hands of the Papists and Rebels ensnaring the King and leading him on to Popery and to employ his Authority to defend Popery and trample upon Protestant Parliaments and Lawes Certainly from this example this cannot be concluded For Armies in actuall pursuit of a whole Parliament Kingdome Lawes and Religion though sleeping in the Camp because in actuall pursuit may be invaded and killed though sleeping And David useth no argument from conscience why hee might not kill Sauls Armie I conceive he had not Armes to doe that and should have created more enemies to himselfe and hazard his owne life and the life of all his men if he had of purpose killed so many sleeping men yea the inexpedience of that for a private wrong to kill Gods mis-led people should have made all Israel enemies to David But David useth an Argument from Conscience onely to prove it was not lawfull for him to stretch forth his hand against the King and for my part so long as he remaineth King and is not dethroned by those who made him King at Hebron to put hands on his person I judge utterly unlawfull one man sleeping cannot be in actuall pursuit of another man so that the self-defender may lawfully kill him in his sleep but the case is farre otherwise in lawfull wars the Israelites might lawfully kill the Philistims encamping about Jerusalem to destroy it and Religion and the Church of God though they were all sleeping even though we suppose King Saul had brought them in by his Authority though he were sleeping in the midst of the uncircumcised Armies and it is evident that an hoast of armed enemies though sleeping by the law of self-defence may be killed lest they awake and kill us whereas one single man and that a King cannot be killed 2. I think certainly David had not done unwisely but hazarded his owne life and all his mens if he and Ahimelech and Abâ—shai should have killed an host of their enemies sleeping that had been a work as impossible to three so hazard some to all his men D. Ferne as Arnisaeus did before him saith The example of David was extraordinary
essentiall Judge he would have designed him by the nowne in the singular number 2. All the reasons that the Apostle bringeth to prove that subjection is due agreeth to inferiour Judges as well as to Emperours for they are powers ordained of God and they beare the sword and we must obey them for conscience sake and they are Gods deputies and their judgement is not the judgement of men but of the Lord 2 Chron. 19.6 7. Deut. 1.16 Numb 11.16 17. Tribute and wages be no lesse due to them as ministers and servants for their work then to the King c. 3. The Apostle could not omit obedience to the good Civill Lawes enacted by the Senate nor could he omit to command subjection to Rulers if the Romanes should change the Government and abolish Monarchie and erect their ancient forme of Government before they had Kings 5. This is Canonicall Scripture and a cleare exposition of the first Commandement and so must reach the consciences of all Christian Republicks where there is no Monarchie 5. Parallel places of Scripture prove this Paul 1 Tim. 2.1 2. will have prayers made to God for Kings and for all that are in authority and the intrinsecall â—nd of all is a godly honest and peaceable life And 1 Pet. 2.13 Submit to every ordinance of man for the Lords sake Tit. 3.1 It is true subjection to Nero of whom Tertullian said Apol. 5. Nihil nisi grande bonum à Nerone damnatum is commanded here but to Nero as such an one as he is obliged de jure to be whether you speak of the office in abstracto or of the Emperour in concretâ— in this notion to me it is all one but that Paul commandeth subjection to Nero and that principally and solely as he was such a man de facto I shall then beleeve when Antichristian Prelats turn Pauls Bishops 1 Tim. 2. which is a miracle 6. Inferiour Judges are not necessarily sent by the King by any divine Law but chosen by the people as the King is and de facto is the practise of creating all Magistrates of Cities in both Kingdomes 7. Augustin expos Prop. 72. on Epist. Rom. Irenaeus l. 5. c. 24. Chrysostom in Psal. 148. and on the place Hieron Epist. 53. advers vigilant expound it of Masters Magistrates so do Calvin Beza Pareus Pisâ—ator Rollocu Marlorat So do Popish Writers Aquinas Lyra Hugo Cardinal Carthus Pirerius Toletus Cornel. à Lapide Salmeron Estius expound the place And therefore there is no argument that Royalists hence draw against resisting of the King by the Parliaments but they do strongly conclude against the Cavalliers unlawfull warres against the Parliaments and Estates of two Kingdomes Here what P. P. saith to the contrary 1. They are called eminent powers Ergo Kings only Answ. It followeth not for these can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 2.2 But these are not Kings but in the Text contradivided from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings and they can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Principalities and powers 2. The reason of the Apostle proveth clearely that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cannot meane Kings onely for Paul addeth of that same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For there is no power but of God It must be there is no supereminent Royall power but it is of God and the powers Royall onely so he must meane that are are ordained of God Now this latter is manifestly false for inferiour powers are of God The power of the Roman Senate of a Master of a Father are of God P. Prelate Peter must expound Paul and Pauls higher powers must be 1 Pet. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 More reason that Paul expound Paul Now 1 Tim. 2.2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All in authority are not Kings P. Prelate Are of God or ordained of God cannot so properly be understood of subordinate powers for that is not by immediate derivation from God but immediately from the higher power the King and mediately from God Answ. It is most false that King David is so immediatly a King from God as that he is not also by the mediation of the peoplâ— who made him King at Hebron 2. The inferiour Magistratâ—s are also immediate vicars and ministers of God as the King for their throne and judgement is not the Kings but the Lords Deut. 1.16 2 Chron. 19.6 3. Though they were mediatly from man it followeth not that they are not so properly from God for Wisdome Prov. 8. saith as properly ver 16. By me Princes rule and Nobles even all the Iudges of the earth as ver 15. By me Kings reigne and promotion is as properly from God and not from the East and the West Psal. 75.6 7. Though God promote Ioseph by the thankfull munificence of Pharaoh and Mordecai by Ahasuerus Daniel by Darius as if he gave them power and honour immediately from Heaven Prelat Learned Interpreters expound it so Answ. It is an untruth for none expound it onely and principally of Kings Produce one Interpreter for that conceit Prelat Paul wrote this when Nero was Monarch Answ. Then must the Text be expounded of Nero only 2. He wrote this when Nero played the Tyrant and persecuted Christians Ergo We are not to disobey Nero's now 3. He wrote it when the Senate of Rome had power to declare Nero an enemy not a Father as they did P. Prelat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be referred to the Antecedent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and this There is no power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but of God must undeniably inferre there is no supreme power but of God and so Soveraignty relates to God as his immediate author so Sectaries reason Gal. 2.16 Not justified by works 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but by faith onely Then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be a perfect exclusive else their strong hold for Iustification is overthrowne Answ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hath a neerer Antecedent which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is alone without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And this Grammer is not so good as Beza's which hee rejected 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will referre to God alone as the onely cause In genere causae primae God alone giveth raine but not for that immediatly but by the mediation of vapours and clouds God alone killeth and maketh alive Deut. 32.39 That is excluding all strange gods but not immediatly for by his peoples fighting he slew Og King of Bashan and cast out seven Nations yet they used bow and sword as it is in the booke of Ioshua and therefore God killed not Og immediately God hath an infinite eminent transcendent way of working so that in his kinde he onely worketh his alone Deus solus operatur solitudine primae causae non solus solitudine omnis causae God onely giveth learning and wisdome yet not immediatly alwayes often he doth it by teaching and industry God onely maketh rich yet the Prelates make
to make warre against the King and themselves in the defence of Religion when the Prophets had much adoe to convince the people that they sinned in joyning with the King what place was there to shew them their sin in not using their owne lawfull defence And in reason any may judge it unreasonable for Elias to exhort of thousand thousands in Israel poore seven thousand of which many no doubt were women aged weake young to rise in Armes against Ahab and all Israel except God had given a positive and extraordinary Commandement and with all miraculous courage and strength in war against the whole Land and God worketh not alwayes by miracles to save his Church and therefore the naturall mandate of self-preservation in that case doth no more oblige a few weake ones to lawfull resistance then it obliged one Martyre to rise against a persecuting Nero and all his forces Arnisaeus should remember wee are not to tye our Lord to miracles 2. Elias did not onely flee but denounced wrath against the King and Cavalliers who joyned with them in Idolatry and when God gave oportunity he shewed himself and stirred the people up to kill Baals Iesuits and seducing idolatours when the Idolatrous King refuâ—ed to do it and Eliah with his own hand took them not but all Israel being gathered together 1 King 18.19 The Princes and Judges did apprehend them ver 40. which is a warrant when the King refuseth to draw the sword of justice against armed Papists that other judges are to do it 2. For Nebuchadnezzer Ieremiah from the Lord expresly forbad to fight against him shew us the like for no defending our selves against bloody Papists and Irish cut-throats for that example may as well prove if it be a binding law to us that our King should not raise his Subjects to fight against a Spanish Armado and a forraigne Priâ—ce for before ever Nebuchadnezzer subdued the Kingdom of Iudah Ier. 27.1 In the beginning of the raigne of Iehoiakim ver 12 13 14. chap. 36. chap. 37. the King of Iudah is from the Lord commanded not to draw a sword against the King of Babylon I hope this will not tye us and our King not to fight against forraigne Princes or against the great Turk if they shall injustly invade us and our King and this example is against the Kings resisting of a forraigne Prince unjustly invading him as much as against us for Nebuchadnezzar was a Tyrannous invader and the King of Iudah the Lords Annoynted 3. The people also conspired with Manasseh as with Ahab Ier. 15.4 4 Of Empâ—rours persecuting Christians we shall heare anon 5. Deut. 13. None are excepted by a synecdoche the dearest are expressed sonne daughter brother the friend that is as thine own soul. Ergo fathers also And husbands are to love their lives Ephes. 5.25 Yet to execute judgement on them without pitty Deut. 13.8.9 The father is to love the son yet if the son prophecy falsely in the name of the Lord to kill him Zach. 13.3 Hence love fear reverence toward the King may be commanded and defensive warres also 6. Christ fled from Herod and all his actions and sufferings are mysteries and instructions saith the poor Prelate 1. Christ kissed the man that to his knowledge came to betray him Christ fled not but knowing where and when his enemy should apprehend him came willingly to the place Ergo we should not flee 2. His actions are so mysterious that Iohn P. P. in imitation of Christs fourty dayes fast will fast from flesh in lent and the Prelate must walk on the sea and work miracles if all Christs actions be our instructions 7. He might with more then twelve Lâ—gions of Angels defend himself but he would not not because resistance was unlawfull no shadow for that in the text but because it was Gods will that he should drink the cup his Father gave him because to take the sword without Gods warrant subjecteth the usurper of Gods place to perish with the sword Peter had Gods revealed wil that Christ behoved to suffer Math. 26.52 53. Math. 16.21 22 23. Gods positive command that Christ should die for sinners Iohn 10.24 may well restraine an act of lawfull sâ—lf-preservation hic nunc and such an act as Christ lawfully used at another time Luk. 4.29 30. Ioh. 11.7 8. we give no new creed but this apostate hath forsaken his old creed the religion of the Church of Scotland in which he was Baptised 9. Nor do we expuâ—ge out of the Creed Christs descension into hell the communion of Saints as the apostate saith but the Popish locall descension of Christ the Popish advancing of the Churches power above the Scriptures the intercession prayers to the saints or of the saints for us we deny this Prelate though he did swear the doctrine of the Church of Scotland preached expresly all these many other poynts of Popery in the Pulpits of Edenburgh 10. We beleeve that Christ suffered under Pontius Pilat but that Pilat had any legal power to condemne Christ but onely a power by a permissive Decree Act. 4.27 28. Such as Devils had by Gods permission Luke 22.53 we utterly deny 11. The Prelat saith it is his resolution for our sin of naturall selfe defence to dissolve in tears because his Bishopricke I conceive by which he was wont to dissolve in cups being drunk on the Lords day after he with other Prelates had been at the Lords Supper while the Chamber wherein they were was dissolved in vomitting was taken from him 12. The prophets cry against all sins but never against the sin of non-resistance and yet they had very Tyrannous and Idolatrous Kings 1. This is but a weak argument 1. The Prophets cry not out against all sins they cry not out against men-stealers and killers of father and mother in expresse tearmes yet do they by consequence condemne all these sins and so do they condemne non-resistance in wars by consequence when they cry out Ier. 5.31 The Prophets prophesie falsly and the Priests beare rule by their meanes and my people love to have it so And when they complaine Ezek. 22.26 27 28. That the Prophets and Priests violate the Law her Princes are like wolves ravening the prey to shed blood and the people use oppression and exercise robbery and vexe the poore And when they say Ier. 22.2 not to the King onely but also to his servants and the people that enter in by the gates 3. Execute judgement and righteousnesse and deliver the spoiled out of the hand of the oppressour I pray you who are the oppressors I answer The murthering Judges Esa. 1.21 And Esa. 3.12 As for my people children are their oppressors and women rule over them And ver 14 15. The ancients of the people grind the faces of the poore and when they are not valiant for the truth upon the earth And Prov. 24.11 the Loâ—d shal render to
make unmake Parliaments and all Parliamentary power what more absurd Obj. 1. Symmons Loyall Subj Pag. 57. These phrases 2. Sam. 9.1 When Kings goe forth to warre and Luk. 14.31 What King going forth to warre speak to my conscience that both offensive and defensive warre are in the Kings hand Answ. It is not much to other men what is spoken to any mans conscience by Phrase and customes for by this no States where there be no Kings but government by the best or the people as in Holland or in other Nations can have power of war for what time of yeare shall Kings goe to war who are not Kings and because Christ saith A certaine housholder delivered talents to his servants will this infer to any conscience that none but a housholder may take usurie And when he saith If the good man of the house knew at what houre the thiefe would come he would watch shall it follow the sonne or servant may not watch the house but onely the good man Obj. 2. Ferne pag. 95. The naturall Bodie cannot move but upon naturall Principles and so neither can the Politique Bodie move in Warre but upon Politique reasons from the Prince which must direct by Law Answ. This may well be retorted the Politique Head cannot then move but upon politique reasons and so the King cannot move to wars but by the Law and that is by consent of Parliament and no Law can principle the head to destroy the members 2. If an Armie of cut-throats rise to destroy the Kingdome because the King is in lacking in his place to doe his duty how can the other Judges the States and Paâ—liament be accessorie to murther committed by them in not raising armies to suppresse such robbers Shall the inferiour Judges be guilty of innocent blood because the King will not doe his duty 3. The politique body ceaseth no more to renounce the principles of sinlesse nature in self-defence because it is a politique body and subject to a King then it can leave off to sleep eat and drink and there is more need of politique principles to the one then the other 4. The Parliaments and Estates of both Kingdoms move in these wars by the Kings Lawes and are a formall politique body in themselves Obj. 2. The ground of the present wars against the King saith D. Ferne sect 4. pag. 13. is false to wit that the Parliament is coordinate with the King but so the King shall not be supreme the Parliaments consent is required to an act of supremacie but not to a denyall of that act And there can no more saith Arnisaeus de jure majestatis c. 3. in quo consistat essen majest c. 3. n. 1. and c. 2. an jur majest separ c. n. 2. be two equall and coordinate supreme powers then there can be two supreme Gods and multitudo deorum est nullitas deorum many gods infer no gods Ans. 1. If we consider the fountaine-power the King is subordinate to the Parliament and not coordinate for the constituent is above that which is constituted If we regard the derived and executive power in Parliamentarie acts they make but a totall and compleat soveraigne power yet so as the soveraigne power of the Parliament being habitually and underived a prime and fountaine power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie acts as is cleare in that the Parliament make Kings 2. Make Lawes raise Armies when either the King is minor captived tyrannous or dead but Royall power Parliamentarie without the Parliament is null because it is essentially but a part of the Parliament and can work nothing separated from the Parliament no more then a hand cut off from the body can write and so here we see two supremes coordinate Amongst infinite things there cannot be two because it involveth a contradiction that an infinite thing can be created for then should it be finite but a royall power is essentially a derived and created power and supreme secundum quid onely in relation to single men but not in relation to the Communitie it is alwayes a creature of the communitie with leave of the Royalist 2. It is false that to an act of Parliamentarie supremacie the consent of the King is required for it is repugnant that there can be any Parliamentarie judiciall act without the Parliament but there may be without the King 3. More false it is that the King hath a negative voice in Parliament then he shall be sole Judge and the Parliament the Kings Creator and Constituent shall be a cypher Obj. 3. Arnesaeus de jur Maj. de potest armorum c. 5. n. 4. The People is mad and furious therefore supreme Majestie cannot be secured and Rebels suppressed and publike Peace kept if the power of Armour be not in the Kings hand only Answ. To denude the people of Armour because they may abuse the Prince is to expose them to violence and oppression unjustly for one King may easilier abuse armour then all the people one man may more easily fail then a Community 2. The safety of the people is far to be preferred before the safety of one man though he were two Emperours one in the East another in the West because the Emperour is ordained of God for the good and safety of the people 1 Tim. 2.2 3. There can be no inferiour Judges to bear the sword as God requireth Rom. 13 4. Deut. 1.15 16. 2 Chron. 19.6 7. and the King must be sole Judge if he onely have the sword and all armour monopolized to himselfe Obj. 4. The causes of Warre saith M. Simmons sect 4. pag. 9. should not be made knowne to the Subjects who are to look more to the lawfull call to Warre from the Prince then to the cause of the War Answ. The Parliament and all the Judges and Nobles are Subjects to Royalists if they should make war and shed blood upon blind obedience to the King not inquiring either in causes of Law or faâ—t they must resigne their consciences to the King 2. The King cannot make unlawfull warre to be lawfull by any authority Royall excâ—pt he could raze out the sixt Commandement therefore Subjâ—cts must look more to the causes of Warre then to the authority of the King and this were a faire way to make Parliaments of both Kingdomes set up Popery by the sword and root out the Reformed Religion upon the Kings Authority as the lawfull call to warre not looking to the causes of warre QUEST XXXVII Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them and killing them and â—ndevouring the establishment of Poperie though the King of Scotland should inhibit them MArianus saith one iâ— obliged to help his brother non vinculo efficace not with any efficacious band because in these
hard usage permitted by God to his people in the Master toward the servant and the people of God toward the stranger of whom they might exact usury not toward their brethren to be But that God should make a permissive Law that Ieroboam might presse all Israel to sinne and worship the Golden Calves and that a King by Law may kill as a bloody Nero all the people of God by a Divine permissive Law hath no warrant in Gods word Judge reader if Royalists make God to confer a benefit on a land when he giveth them a King if by a Law of God such as the Law for a bill of Divorcement the King may kill and devour as a lawfull absolute Lion six kingdoms of nations that professe Christ and beleeve in his name For if the King have a divine law to kill an innocent Ionathan so as it be unlawfull to resist him he may by that same law turne bloodier then either Nero Iulian or any that ever sucked the paps of a Liones or of any of whom it may be said Quaeque dedit nutrix ubera Tigris erat and he shall be given as a plague of God ex conditione doni to the people and the people inasmuch as they are gifted of God with a King to feed them in a peaceable and godly life must be made slaves now it wanteth reason that God will have a permissive Law of murthering the Church of Christ a Law so contrary to the publique good and intrinsecall intention of a King and to the immutaâ—le and eternall law of Nature that one man because of his power may by Gods permissive Law murther millions of innocents Some may say It is against the duty of love that by Nature and Gods Law the husband owes to the wife Ephes. 5.25 that the husband should put away his wife for God hateth putting away and yet God made a Law that a husband might give his wife a bill of divorce and so put her away and by the same reason God may make a Law though against nature that a King should kill and murther without all resistance Answ. The question is not if God may make permissive Laws to oppresse the innocent I grant he may doe it as he may command Abraham to kill his son Isaac and Abraham by Law is obliged to kill him except God retract his Commandement and whether God retract it or no he may intend to kill his son which is an act of love and obedience to God but this were more then a permissive Law 2. We have a cleere Scripture for a permissive Law of divorce and it was not a Law tending to the universall destruction of a whole Kingdome or many Kingdomes but onely to the grievance of some particular wives but the Law of divorce gave not power to all husbands to put away their wives but onely to the husband who could not command his affection to love his wife But this law of the King is a Catholique law to all Kings for Royalists will have all Kings so absolute as it is sin and disobedience to God to resist any that all Kings have a divine law to kill all their subjects surely then it were better for the Church to want such nurse-fathers as have absolute power to suck their blood and for such a perpetuall permissive Law continuing to the end of the world there is no word of God Nor can we think that the hardnesse of one Princes heart can be a ground for God to make a Law so destructive to his Church and all mankinde such a permissive Law being a positive Law of God must have a word of Christ for it else we are not to receive it 2. Arnisaeus cap. 4. distru Tyran princ n. 16. thinketh a Tyrant in excercito becomming a notorious Tyrant when there is no other remedy may be removed from government sine magno scelâ—re without great sin But I aske how men can annull any divine Law of God though but a permissive Law For if Gods permissive Law warrant a Tyrant to kill two innocent men it is tyranny more or lesse and the Law distinguisheth not 3. This permissive Law is expressely contray to Gods Law limiting all Kings Deut. 17.16 17 18. How then are we to beleeve that God would make an universall Law contray to the Law that he established before Israel had a King 4. What Brentius saith is much for us for he calleth this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Law a licence and so to use it must be licentiousnesse 5. Arnisaeus desireth that Kings may use sparingly the plenitude of their power for publique good there must be saith he necessity to make it lawfull to use the plenitude of this power justly therefore Ahab sinned in that he unjustly possessed Naboths vineyard though he sinned specially in this that he came to the possession by murther and it was peculiar to the Iewes that they could not transfer their possessions from one tribe to another But if it be so then this power of absolutenesse is not given by permissive Law by which God permitted putting away of wives for the object of a permissive Law is sinne but this plenitude of power may be justly put forth in act saith he if the publique good may be regarded I would know what publique good can legittimate Tyranny and killing of the innocent the intentions of men can make nothing intrinsecally evil to become good And 6. How can that be a permissive Law of God and not his approveing Law by which Kings create inferiour judges for this is done by Gods approving will 7. It is evident that Arnisaeus his minde is that Kings may take their subjects vineyards and their goods so they erre not in the manner and way of the act so be like if there had not been a peculiar Law that Naboth should not sell his vineyard and if the King had had any publique use for it he might have taken Naboths vineyard from him but he specially sinned saith he in eo maxime culpatur c. that he took away the mans vineyard by murthering of him therefore saith Arnisaeus c. 1. de potest maj in bona privato 2. that by the Kings Law 1 Sam. 8. There is given to the King a dominion over the peoples sons daughters fields vineyards olive-yards servants and flockes So he citeth that that Daniel putteth all places the Rocks of the Mountaines the birds of the heaven Dan. 2. under the Kings power So all is the Kings in dominion and the subjects in use onely But 1. This law of the King then can be no ground for the Kings absolutenesse above Law and there can be no permissive Law of God here for that which assertâ—th the Kings Royall Dominion over persons and things that must be the Law of Gods approving not his permiting evil but this is such a Law as Arnisaeus saith 2. The text speaketh of no Law or lawful power or of any absolutenesse of King Saul but
of his wicked custome and his rapine and Tyranny He will take your sons your daughters your fields and your vineyards from you Saul took not these through any power of dominion by Law but by meere Tyranny 3. I have before cleared that the subjects have a propriety and an use also else how could we be obliged by vertue of the fift commandement to pay tribute to the King Rom. 13.7 for that which we pay was as much the Kings before we payed as when we have paied it 4. Arnisaeus saiâ—h all are the Kings in respect of the universall jurisdiction that the King hath in governing and ordering all to the universall end the good of the Common-wealth for as universall nature careth for the conservation of the spece and kind so doth particular nature care for the conservation of individuals so do men care for their private good and the King is to refer every mans private goods to the good of the publick but the truth is this taketh not away propriety of goods from private men retaining onely the use to private men and giving the dominion to the King because this power that the King â—ath of mens goods is not power of dominion that the King hath over the goods of men as if the King were Dominus Lord and owner of the fields and monyes of the private subject but it is a power to regulate the goods for a publique use and supposeth the abuse of goods when they are Monopolized to and for private ends 2. The power that the King hath over my bread is not a power of dominion so as he may eat my bread as if it were his own bread and he be Lord of my bread as I was sometimes my self before I abused it but it is a dominion unproperly and abusively so called and is a meere fiduciary and dispensatory power because he is set over my bread not to eat it nor over my houses to dwel in them but onely with a ministeriall power as a publique though a honourable servant and wâ—tchman appâ—inted by the community as a mean for an end to regulate my bread houses moneys fields for the good of the publique Dominion is defined a faculty to use a thing as you please except you be hindered by force or by Law â—ustin tit c. de legibus in l. digna vox c. So have I a dominion over my own garments house money to use them for usâ—s not forbidden by the Law of God and man but I may not lay my corne field wast that it shall neither bear grassâ— nor corne the King may hinder that because it is a hurt to the publique but the King as Lord and Soveraigne hath no such dominion over Naboths viâ—eyard Hâ—w the King is lord of all goods ratione jurisdictionis tuitionis sâ— Anton. de paudrill in l. Altius n. 5. c. de servit Hottom illust quest q. 1. ad fin Conc. 2. Lod. Molin de just jur dis 25. Soto de justitiâ— jur l. 4. q. 4. art 1. QUEST XL. Whether or no the people have any power over the King either by his oath covenant or any other way ARistotle saith Ethic. 8. c. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Tyrant seeketh his owne a King the good of the Subjects for he is no King who is not content and excelleth in goodnesse The former part of these words distinguish essentially the King by his office from the Tyrant Now every office râ—quâ—reth essentially a duty to be performed by him that is in office and where there is a duty required there is some obligation if it be a politique duty it is a politique obligation Now amongst politique duties betwixt equall and equall superiour and infâ—riour that is not de facto required coaction for the performance therâ—â—f but de jure there is for two neighbour Kings and two neighbour Nations both being equall and independent the one toward the other the one owe a duty to the other and if the Ammonites do a wrong to David and Israel as they are equall de facto the one cannot punish the other though the Ammonites do a disgrace to Davids messengers yet de jure David and Israel may compell them to politique duties of politique consâ—ciation for betwixt independent kingdomes there must be some politique government and some politique and civil Lawes for two or three making a society cannot dwell together without some policy and David and Israel as by the Law of nature they may repell violence with violence so if the lawes of neighbour-hood and nations be broken the one may punish the other though there be no relation of superiority and inferiority betwixt them 2. Where ever there is a covenant and oath betwixt equals yea or superiours and inferiours the one hath some coactive power over the other if the father give his bond to pay to his son ten thousand pounds as his patrimony to him though before the giving of the bond the father was not obliged but onely by the Law of nature to give a patrimony to his son yâ—t now by a politique obligation of promise covenant and writ he is obliged so to his son to pay ten thousand pounds that by the Law of Nations and the civil Law the son hath now a coactive power by Law to compell his father though his superiour to pay him no lesse then ten thousand pounds of patrimony Though therefore the King should stand simply superiour to his kingdom and estates which I shall never grant yet if the King come under covenant with his kingdom as I have proved at length c. 13. he must by that same come under some coactive power to fulfill his covenant for omne promissum saith the Law cadit in debitum What any doth promise falleth under debt if the covenant be politique and civil as is the covenant between King David and all Israel 2 Sam. 5.1 2 3. and between King Iehoash and the people 2 King 11.17 18. Then the King must come under a civil obligation to performe the covenant and though their be none superiour to King and the people on earth to compell them both to performe what they have promised yet de jure by the Law of Nations each may compell the other to mutuall performance This is evident 1. By the Law of nations if one nation break covenant to another though both be independent yet hath the wronged nation a coactive power de jure by accident because they are weaker they want stength to compell yet they have right and jus to compell them to force the other to keep covenant or then to punish them because nature teacheth to repel violence by violence so it be done without desire of revenge and malice 2. This is proved from the nature of a promise or covenant for Solomon saith Prov. 6.1 My son if thou be surety for thy friend if thou hast stricken thy hand with a stranger 2. Thou art snared with
the words of thy mouth art taken with the words of thy mouth But whence is it that a man free is now snared as a beast in a gin or trap Certainly Solomon saith it is by a word and striking of hands by a word of promise and covenant Now the Creditor hath coactive power though he be an equall or an inferiour to the man who is surety even by Law to force him to pay and the Judge is obliged to give his coactive power to the Creditor that he may force the surety to pay Hence it is cleare that a Covenant maketh a free man under the coactive power of law to an equall and to weaker and the stronger is by the law of fraternity to help the weaker with his coactive power to cause the superiour fulfill his covenant If then the King giving and not granting he were superiour to his whole Kingdome come under a covenant to them to seek their good not his owne to defend true Protestant Religion they have power to compell him to keep his covenant and Scotland if the King be stronger then England and break his covenant to them is obliged by Gods law Prov. 24.11 to adde their forces and coactive power to help their brethren of England 3. The Law shall warrant to loose the vassal from the Lord when the Lord hath broken his covenant Hippolitus in l. Si quis viduam col 5. dixit de quest l. Si quis major 41. 161. Bartol n. 41. The Magdeburgens in libel de offic magistrat Imperatores reges esse primarios vasallos imperii regni proinde si feloniam contra imperium aut regnum committant fewdo privari proinde ut alios vasallos Arnisaeus q. 6. An princeps qui jurat subditis c. n. 2. saith This occasioneth confusion and sedition The Egyptians saith he cast off Ptolomeus because he affected too much the name of a King of the Romans his own friend Dion l. 9. The States punished Archidanius because he married a wife of a low stature Plutarch in Agos in pris The ancient Burgundions thought it cause enough to expell their King if matters went not well in the State Marcel l. 27. The Goths in Spain gave no other cause of expelling their King nisi quod sibi displiceret because he displeased them Aimon l. 2. c. 20. l. 4. c. 35. Ans. All these are not to be excused in people but neither every abuse of power in a King exautorateth a King nor every abuse in people can make null their power Arnisaeus maketh three kinds of oathes the first is when the King sweareth to defend true Religion and the Pope and he denyeth that this is an oath of fidelitie or by paction or covenant made to thâ— Pope or Clergie he saith it is onely on oath of protection nor doth the King receive the Crown from the Pope or Clergie Answ. 1. Arnisaeus divideth oathes that are to be conjoyned we read not that Kings sweare to defend Religion in one oath and to administrate judgement and justice in another for David made not two Covenants but onely one with all Israel 2. The king was not King while he did swear this oath and therefore it must be a pactionall oath between him and the Kingdom and it is true the King receiveth not a Crown from the Church yet David received a Crowne from the Church for this end to feed the Lords people and so conditionally Papir Masse l. 3. Chron. Gal. saith The King was not king before the oath 2. That he did sweare to be a keeper not onely of the first but also of the second Table of the Law Ego N. Dei gratia mox futuras rex Francorum in die ordinationis mea coram Deo sanctis ejus polliceor quod servabo privilegia canonica justitiamque jus unicuique Praelato debitum vosque defendam Deo juvante quantum potero quemadmodum Rex ex officio in suo regno defendere debet unumquemque Episcopum ac Ecclesiam administrabo populo justitiam leges uti jus postulat And so is it ordained in the Councel of Tolet. 6. c. 6. Quisquis deinceps regni sortitus fuerit apicem non ante conscendat Regiam sedem quam inter reliquas conditiones sacramento policitus fuerit quod non sinet in regno suo degere cum qui non sit Catholicus All these by Scripture are oathâ—s of Covenant Deut. 17. ver 17 18. 2 Sam. 5.1 2 3 4. 2 Kings 11.17 18. Arnisaeus maketh a second oath of absolute Kings who sweare they shall raigne according to equitie and justice and he saith There is no need of this oath a promise is enough for an oath encreaseth not the obligation L. fin de non num pec Onelie it addeth the bound of Religion for there is no use of an oath where there is no paction of law against him that sweareth if he violate his oath There followeth onelie the punishment of Perjurie And the word of a Prince is as good as his oath onelie he condescendeth to sweare to please the people out of indulgence not out of necessitie And the King doth not therefore sweare because he is made King but because he is made King he sweareth And he is not King because he is crowned but he is crowned because he is King Where the Crowne goeth by succession the King never dieth and he is King by nature before he be crowned Answ. 1. This oath is the very first oath spoken of before included in the covenant that the King maketh with the people 2 Sam. 5.2 3 4. For absolute Princes by Arnisaeus his grant doth swear to do the duties of a King as Bodinus maketh the oath of France de Rep. l. 1. c. 8. Iuro ego per deum ac promittâ— me justè regnaturum judicium equitatem ac misericordiam facturum And papir Mass. l. 3. Chron. hath the same expresly in the particulars And by this a King sweareth he shall not be absolute and if he swear this oath he bindeth himself not to governe by the Law of the King whereby he may play the Tyrant as Saul did 1 Sam. 8.9 10 11 12 c. As all Royalists expound the place 2. It is but a poor evasion to distinguish betwixt the Kings promise and his oath for the promise and covenant of any man and so of the King doth no lesse bring him under a civil obligation and politique coaction to keep his promise then an oath for he that becometh surety for his friend doth by no civil Law sweare he shall be good for the sonne or performe in liew and place of the friend what he is to performe he doth onely covenant and promise and in law and politique obligation he is taken and snared by that promise no lesse then if he had sworne Reuben offereth to be caution to bring Benjamin safe home to his old father Gen. 42.37 Iudah also Gen. 43.9
be regarded This is a strong Argument that the Parliaments never made the King supreame Iudge Quoad actus elicitos in all causes nay not if the King have a Cause of his owne that concerneth Lands of the Crowne farre lesse can the King have a will of Prerogative above the Law by our Lawes of Scotland And therefore when in the eighth Parliament King Ia. 6. the Kings Royall Power is established in the first Act the very next act immediatly subjoyned thereunto declareth the authority of the supreame Court of Parliament continued past all memory of man unto this day and constitute of the free voices of the three estates of this ancient Kingdome which in the Parliament 1606. is called The ancient and fundamentall policy of this Kingdome and so fundamentall as if it should be innovate such confusion would ensue as it could no more be a free Monarchy as is exprest in the Parliaments printed Commission 1604. by whom the same under God hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the Lawes and Acts of Parliament by which all men are governed made and established and appointeth the Honour Authority and Dignity of the Estates of Parliament to stand in their owne integrity according to the ancient and laudable custome by past without alteration or diminution and therefore dischargeth any to presume or take in hand To impugne the dignity and the authority of the said Estates or to seeke or procure the innovation or diminution of their power or authority under the paine of Treason and therefore in the next Act they discharge all Iurisdictions or Judicatories albeit appointed by the Kings Majesty as the High Commission was without their Warrant and approbation and that as contrary to the fundamentall Laws above titled 48. Act. Parl. 3. K. Ia. 1. and Act. 79. Parl. 6. King Ia. 4. whereby the Lieges should only be ruled by the Lawes or Acts past in the Parliament of this Kingdome Now what was the ancient Dignity Authority and power of the Parliaments of Scotland which is to stand without diminution that will be easily and best known from the subsequent passages or Historians which can also be very easily verified by the old Registers whensoever they should be produced In the meane time remember that in Parliament and by Act of Parl. K. Ia. 6. for observing the due order of Parliament promiseth never to doe or command any thing which may directly or indirectly prejudge the libertie of free reasoning or voting of Parliament K. Ia. 6. Parl. 11. Act. 40. And withall to evidence the freedome of the Parliament of Scotland from that absolute unlimited Prerogative of the Prince and their libertie to resist his breaking of Covenant with them or Treaties with forraigne Nations Ye shall consider 1. That the Kings of Scotland are obliged before they be inaugurate to sweare and make their faithfull Covenant to the true Kirk of God that they shall maintaine defend and set forward the true Religion confessed and established within this Realme even as they are obliged and astricted by the Law of God aswell in Deuteronomie as in the 11 chap. of the 2. book of the Kings and as they crave obedience of their subjects So that the bond and contract shall be mutuall and reciprocall in all time comming between the Prince and the People according to the Word of God as is fully exprest in the Register of the convention of Estates Iuly 1567. 2. That important Acts and Sentences at home whereof one is printed 112 Act. Parl. 14. K. Ia. 3. and in Treaties with Forraigne Princes the Estates of Parliament did append their severall Seales with the Kings Great Seale which to Grotius Barclaius and Arnisaeus is an undeniable argument of a limited Prince as well as the stile of our Parliament that the Estates with the King ordaine ratifie rescind c. as also they were obliged in case of the Kings breaking these Treaties to resist him therein even by armes and that without any breach of their allegiance or of his Prerogative as is yet extant in the records of our old Treaties with England and France c. But to goe on and leave some high mysteries unto a rejoynder And to the end I may make good that nothing is here taught in this Treatise but the very Doctrine of the Church of Scotland I desire that the Reader may take notice of the larger Confession of the Church of Scotland printed with the Syntagme and body of the Confessions at Geneva anno MDCXII and authorized by King Iames the 6. and the three Estates in Parliament and printed in our Acts of Parliament Parl. 15. K. Iames 6. An. 1567. Amongst good works of the Second Table saith our Confession art 14. are these To honour Father Mother Princes Rulers and superiour Powers To love them to support them yea to obey their Charge not repugning to the commandement of God to save the lives of innocents to represse Tyrannie to defend the oppressed to keep our bodies cleane and holy c. The contrary whereof is To disobey or resist any that God hath placed in Authoritie while they passe not over the bounds of their office to murther or to consent thereunto to beare hatred or to let innocent blood be shed if we may withstand it c. Now the Confession citeth in the margin Ephes. 6.1.7 and Ezek. 22.1 2 3 4 c. where it is evident by the name of Father and Mother all inferiour Iudges as well as the King and especially the Princes Rulers and Lords of Parliament are understood 2. Ezek. 22. The bloody City is to be judged because they releeved not the oppressed out of the hand of bloody Princes v. 6. who every one of them were to their power to shed innocent blood 3. To resist superiour powers and so the Estates of Parliament as the Cavaliers of Scotland doe is resistance forbidden Romans 13.1 the place is also cited in the confession And the Confession exponeth the place Romans 13. according to the interpretation of all sound Expositers as is evident in these words Art 24. And therefore we confesse and avouch that such as resist the supreame power doing that thing which appertaineth to his charge doe resist Gods ordinance and therefore cannot be guiltlesse And further we affirme that whosoever denyeth unto them aide their counsell and comfort while as the Princes and Rulers vigilantly travell in execution of their Office that the same men deny their helpe support and counsell to God who by the presence of his Lieutenant craves it of them From which words we have cleare 1. That to resist the King or Parliament is to resist them while as they are doing the thing that appertaineth to their charge and while they vigilantly travell in the execution of their office But while King and Parliament doe acts of Tyranny against Gods Law and all good Lawes of men they doe not the things
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 Member of the Parliament by that same reason he may imprison two and twenty and a hundreth and so may he clap up the whole Free Estates and where shall then the highest Court of the Kingdome be All Polititians say The King is a limited Prince not absolute where the King giveth out Lawes not in his own name but in the name of himselfe and the Estates judicially conveened Pag. 33. of the old Acts of Parliament Members are summoned to treat and conclude The duty of Parliaments and their power according to the Laws of Scotland may be seen in the Historie of Knox now printed at London An. 1643. in the Nobles proceeding with the Queen who killed her Husband and maried Bodwell and was arraigned in Parliament and by a great part condemned to death by many to perpetuall imprisonment King Charles received not Crown Sword and Scepter while first he did sweare the Oath that King Iames his Father did sweare 2. He was not crowned till one of every one of the three Estates came and offered to him the Crown 3. With an expresse condition of his duty before he be crowned After King Charles said I will by Gods assistance bestow my life for your defence wishing to live no longer then that I may see this Kingdome flourish in happinesse Thereafter the King shewing himselfe on a Stage to the people the P. Archbishop said Sir I doe present unto you King Charles the right descended inheritor the Crown and dignitie of this Realme appointed by the Peeres of the Kingdome And Are ye not willing to have him for your King and become subject to him The King turning himselfe on the stage to be seen of the People They declare their willingnesse by crying God save King Charles Let the King live QUEST XLIV Generall results of the former Doctrine in some few Corollaries or straying Questions fallen off the Road-way answered briefly QUest 1. Whether all Governments be but broken Governments and deviations from Monarchie Answ. It is denyed There is no lesse somewhat of Gods authoritie in Government by many or some of the choisest of the People than in Monarchie nor can we judge any Ordinance of Man unlawfull for we are to be subject to all for the Lords sake 1 Pet. 2.13 Tit. 3.1 1 Tim. 2.1 2 3.2 Though Monarchie should seeme the rule of all other Governments in regard of resemblance of the supreme Monarch of all Yet is it not the morall rule from which if other Governments shall erre they are to be judged sinfull deviations Quest. 2. Whether is Royaltie an immediate issue and spring of Nature Answ. No For man fallen in sinne knowing naturally he hath need of a Law and a Government could have by reason devised Governors one or moe and the supervenient institution of God comming upon this Ordinance doth more fully assure us that God for mans good hath appointed Governours but if we consult with Nature many Iudges and Governors to fallen Nature seeme nearer of blood to Nature then one only for two because of mans weaknesse are better then one Now Nature seemeth to me not to teach that one onely sinfull man should be the sole and onely Ruler of a whole Kingdome God in his Word ever joyned with the Supreme Ruler many Rulers who as touching the essence of a Iudge which is to rule for God were all equally Iudges some reserved Acts or a longer cubite of power in regard of extent being due to the King Quest. 3. Whether Magistrates as Magistrates be naturall Answ. Nature is considered as whole and sinlesse or as fallen and broken In the former consideration that either man should stand in need of any to compell him with the sword to doe his duty and not oppresse was no more naturall to man than to stand in need of Lictors and Hangmen or Physitians for the body which in this state was not in a capacitie of sicknesse or death And so Government by Parents and Husbands was only naturall in the latter consideration Magistrates as Magistrates are two wayes considered 1. According to the knowledge of such an Ordinance 2. According to the actuall erection of the practice of the office of Magistrates In the former notion I humbly conceive that by Natures light Man now fallen and broken even under all the fractions of the powers and faculties of the soule doth know that promises of reward feare of punishment and the coactive power of the Sword as Plato said are naturall meanes to move us and wings to promote obedience and to doe our duty And that Government by Magistrates is naturall But in the second relation it is hard to determine that Kings rather then other Governours are more naturall Quest. 4. Whether Nature hath determined that there should be one supreme Ruler a King or many Rulers in a free Commnitie Answ. It is denyed Quest. 6. Whether every free Commonwealth hath not in it a supremacie of Majestie which it may formally place in one or many Answ. It is affirmed Quest. 6. Whether absolute and unlimited power of Royaltie be a ray and beame of Divine Majestie immediately derived from God Answ. Not at all Such a creature is not in the world of Gods creation Royalists and flatterers of Kings are parents to this prodigious birth There is no shadow of power to doe ill in God An
absolute power is essentially a power to do without or above Law and a power to doe ill to destroy and so it cannot come from God as a Morall power by institution though it come from God by a flux of permissive providence but so things unlawfull and sinfull come from God Quest. 7. Whether the King may in his actions intend his owne Prerogative and Absolutenes Answ. He can neither intend it as his nearest end nor as his remote end Not the former for if he fight and destroy his People for a Prerogative he destroyeth his People that he may have a power to destroy them which must be meere Tyranny nor can it be his remote end for granting that his supposed absolute Prerogative were lawfull he is to referre all lawfull Power and all his actions to a more noble end to wit to the safetie and good of the People Quest. 8. Doe not they that resist the Parliaments power resist the Parliament And they that resist the Kings power resist the King God hath joyned King and Power who dare seperate them Answ. If the Parliament abuse their power we may resist their abused power and not their power Parliamentarie Mr. Bridges doth well distinguish in his Annot. on the Loyall Convert betwixt the Kings power and the Kings will 2. The Resisters doe not separate King and Power but the King himselfe doth separate his lawfull Power from his Will if he worke and act Tyrannie out of this principle Will Passion Lust not out of the Royall principle of Kingly power So far we may resist the one and not the other Quest. 9. Why if God might work a miracle in the three Childrens resistance active why doth he evidence omnipotencie in the passive obedience of these Witnesses The Kingdome of Iudah was Christs birthright as man and Davids sonne why did he not by legions of Men Angels rather vindicate his own flesh and blood than triumph by non-resistance and the omnipotencie of glorie to shine in his meere suffering Ans. Who art thou that disputest with God He that killeth with the jaw-bone of an Asse thousands and he that destroyed the numberlesse Midianites by only three hundred should no more put the three Children to an unlawfull fact in the one if they had by three men killed Nebuchadnezzar and all his Subjects than in the other But nothing is said against us in a Sophisme à non-causa pro causa except it be proved God would neither deliver his three Children nor Christ from death and the Iewes from bondage by miraculous resistance because resistance is unlawfull What patient suffring is lawfull Ergo resistance is unlawfull It is a poor consequent and a begging of the question both must be lawfull to us And so we hold of ten lawfull meanes fit to compasse Gods blessed end he may choose one and let goe nine shall any inferre ergo These other nine meanes are unlawfull because God chose a mean dâ—fferent from those ninâ— and refused them So may I answer by retortion The three hundred sinned in resisting Midian and defeating them Why Because it should be more honour to God if they had by suffering patiently the sword of Midian glorified God in Martyrdome So Christ and the Apostles who could have wrought miracles might have wrought Reformation by the sword and destroyed Kings and Emperors the opposers of the Lambe and they did reforme by suffering Ergo the sword is unlawfull in Reformation It followeth not The meane Christ used is lawfull Ergo all other meanes that he used not are unlawfull It is vaine Logick Quest. 10. Whether is the Coronation of a King any other thing but a Ceremonie Ans. In the Coronation there is and may be the Ceremonie of a shout and an Acclamation and the reaching of a Scepter in his right hand who is made King and the like But the Coronation in concreto according to the substance of the act is no Ceremonie nor any accidentall ingredient in the constitution of a King 1. Because Israel should have performed a meere ceremoniall action on Saul when they made him King which we cannot say for as the Peoples act of Coronation is distinctive so is it constitutive it distinguished Saul from all Israel and did constitute him in a new relation that he was changed from no King to be a King 2. The people cannot by a Ceremonie make a King they must really put some honour on him that was not on him before Now this Ceremonie which Royalists doe fancie Coronation to be is only symbolicall and declarative not really dative it placeth nothing in the King Quest. 11. Whether may Subjects limit the power that they gave not to the King it being the immediate result without intervening of Law or any act of man issuing from God only Ans. Though we should give which in reason we cannot grant that Royall power were a result of the immediate bounty of God without any act of man Yet it may be limited by men that it over-swell not its banks though God immediatly make Peter an Apostle without any act of men yet Paul by a sharpe rebuke Gal. 2. curbeth and limiteth his power that he abuse it not to Iudaizing Royalists deny not but they teach That the 80. Priests that restrained Vzziah his power from burning incense to the Lord gave no Royall power to Vzziah Doe not subjects by flight lay restraint upon a Kings power that he kill not the subjects without cause yet they teach That subjects gave no power to the King certainly this is a proofe of the immense power of the King of Kings that none can fly from his pursuing hand Ps. 139.1 2 3. Amos 9.1 2 3 4. whereas men may fly from earthly Kings Nebuchadnezzar as Royalists teach might justly conquer some Kingdomes for conquest is a just title to the Crowne say they now the Conquerour then justly not only limiteth the Royall Power of the conquered King but wholly removeth his Royalty and unkingeth him yet we know the conquerour gave no Royall power to the conquered King Ioshua and David tooke away Royall power which they never gave and therefore this is no good reason The people gave not to the King Royall Power ergo they could not lawfully limit it and take it away 2. We cannot admit that God giveth Royall power immediatly without the intervention of any Act of Law for it is an Act of Law that Deut. 17. the people chooseth such a King not such a King that the people by a legall covenant make Saul David and Joash Kings and that God exerciseth any politicall action of making a King over such subjects upon such a condition is absurd and inconceivable for how can God make Saul and David Kings of Jsrael upon this politicall and legall condition that they rule in Iustice and Judgement but there must intervene a politicall action and so they are not made Kings immediatly If God feed Moses by bread and Manna
naturae strictim I must crave leave to doubt I hold him to be a Divine morall Ordinance to which in conscience we are to submit in the Lord. Quest. 15. Whether was King Uzzah dethroned by the People Ans. Though we should say he was not formally unkinged and dethroned yet if the Royall power consist in an indivisible point as some Royalists say and if Vzzah was removed to a private house and could not reigne being a Leper Certainly much Royall power was taken from him 'T is true Arnisaeus saith he neither could be compelled to resigne his power nor was he compelled to resigne his Royall authoritie but he willingly resigned actuall government and remained King as Tutors and Curators are put upon Kings that are mad stupid and Children who yet governe all by the authoritie of lawfull Kings But that Vzzah did not denude himselfe of the Royall power voluntarily is cleare The reason 2 Chro. 26.21 why he dwelt in an house apart and did not actually reigne is because he was a Leper for He was cut off saith the Text from the house of the Lord and Jotham his sonne was over the Kings house judging the people of the Land Whereby it is cleare by the expresse law of God he being a Leper and so not by Law to enter into the Congregation he was cut off from the house of the Lord and he being a patient is said to be cut off from the Lords house Whether then Vzzah turned necessitie to a vertue I know not It is evident that Gods Law removed the actuall exercise of his power If we obteine this which Gods Word doth give us we have enough for our purpose though Vzzah kept the naked title of a King as indeed he tooke but up roome in the Catalogue of Kings Now if by Law he was cut off from actuall governing Whether he was willing or not willing to denude himselfe of Reigning it is all one And to say that furious men ideots stupid men and Children who must doe all Royall acts by Curators and Tutors are Kings jure with correction is petitio principii for then hath God infused immediately from heaven as Royalists teach us a Royall power to governe a Kingdome on those who are as capable of Royaltie as blocks I conceive that the Lord Deut. 17.14 15 16 17. commandeth the people to make no blocks Kings and that the Lord hath not done that himselfe in a binding Law to us which we have no commandement from him to doe I conceive that God made Josiah and Joash Kings typicall and in destination for his promise sake to David while they were Children as well as he made them Kings but not actu completo ratione officii to be a rule to us now to make a Childe of sixe yeares of age a King by office I conceive Children are to us only Kings in destination and appointment And for Idiots and Fooles I shall not believe let Royalists breake their faith upon so rocky and stony a point at their pleasure that God hath made them Governors of others by Royall office who can scarce number their own fingers Or that God tyeth a people to acknowledge stupid blocks for Royall Governours of a Kingdome who cannot governe themselves But far be it from me to argue with Bellarmine From Vzziah his bodily leprosie to inferre that any Prince spiritually Leprous and turned Hereticall is presently to be dethroned Nothing can dethrone a King but such Tyrannie as is inconsistent with his Royall office Nor durst I inferre that Kings now adayes may be removed from actuall Government for one single transgression It is true 80 Priests and the whole Kingdome so serving King Vzzah their motives I know were Divine proveth well that the Subjects may punish the transgression of Gods expresse law in the King in some cases even to remove him from the Throne but as from Gods commanding to stone the man that gathered sticks on the Sabbath day we cannot inferre that Sabbath-breakers are now to be punished with death yet we may well argue Sabbath-breakers may be punished and Sabbath-breakers are not unpunishable and above all Law So may we argue here Vzzah though a King was punished Ergo Kings are punishable by Subjects Quest. 16. Whether or no as the deniall of active obedience in things unlawfull is not dishonourable to the King as King he being obliged to command in the Lord only so the deniall of passive subjection to the King using unjust violence be also no dishonouring of the King Ans. As the King is under Gods Law both in commanding or in exacting active obedience so is he under the same regulating Law of God in punishing or demanding of us passive subjection and as he may not command what he will but what the King of Kings warranteth him to command so may he not punish as he will but by warrant also of the supreame Iudge of all the earth and therefore it is not dishonourable to the Majesty of the Ruler that we deny passive subjection to him when he punisheth beside his warrant more then its against his Majesty and honour that we deny active obedience when he commandeth illegally else I see not how it is lawfull to fly from a tyrannous King as Elias Christ and other of the witnesses of our Lord have done and therefore what Royalists say here is a great untruth namely Thaâ— in things lawfull we must be subject actively in things unlawfull passively For as we are in things lawfull to be subject actively so there is no duty in point of conscience laying on us to be subject passively because I may lawfully fly and so lawfully deny passive subjection to the Kings will punishing unjustly Quest. 17. Whether may the Prince make away any part of his Dominions as an Iland or a Kingdome for the safety of the whole kingdomes he hath as if goods be like to sinke an over-burthened Ship the Sea-men cast away a part of the Goods in the Sea to save the lives of the whole Passengers and if three thousand Passengers being in one Ship and the Ship in a storme like to be loosed it would seeme that a thousand may be cast over-board to save the lives of the whole Passengers Ans. The Kingdome being not the Kings proper Heritage it would seeme he cannoâ— make away any part of his Kingdome to save the whole without the expresse consent of that part though they be made away to save the whole In things of this kind men are not as the commodities of Merchants nor is the case alike as when one thousand of three thousand are to be cast into the Sea to save all the rest and that either by common consent or by Lots or some other way for it is one thing when destruction is evidently inevitable as in the casting so many men into the Sea to save the whole and many Passengers and when a King for peace or for help from another
King maketh away part of his Dominion The Lord is here to be waited on in his good Providence and events are to be committed to him but far lesse can it be imaginably lawfull for a King to make away a part of his Dominions without their consent that he may have help from a forraign Prince to destroy the rest This were to make merchandize of the lives of men Quest. 18. Whether or no the convening of the subjects without the Kings will be unlawfull Answ. The convention of men of it self is an indifferent thing and taketh its specification from its causes and manner of convening though some convention of the Subjects without the King be forbidden yet Ratio Legis est anima Legis The reason and intent of the Law is the soul of the Law Convention of the Subjects in a tumultuary way for a seditious end to make war without warrant of Law is forbidden but not when Religion Laws Liberties Invasion of forraign Enemies necessitateth the Subjects to conveen though the King and ordinary Iudicatures going a corrupt way to pervert Iudgement shall refuse to consent to their conventions Upon which ground no convention of Tables at Edinburgh or any other place An. 1637. 1638. 1639. can be judged there unlawfull for if these be unlawfull because they are convention of the Leagues without expresse Act of Parliament then the convention of the Leagues to quench a house on fire and the convention of a Countrey to pursue a Wolf entered in the Land to destroy women and children which are warranted by the Law of nature should be lawlesse or against Acts of Parliament Quest. 19. Whether the Subjects be obliged to pay the debts of the King Answ. These debts which the King contracteth as King in Throno Regali the people are to pay For the Law of nature and the divine Law doth prove That to every servant and Minister wages is due Rom. 13.5 6. compared with Vers. 4. and 1 Cor. 9.9 10 11 12. 1 Tim. 5.18 If the Prince be taken in a war for the defence of the people it is just that he be redeemed by them So the Law saith Tit. F. C. de negotiis gestis F. C. Manda But when Fer. Vasquius illust quest l. 1. c. 7. n. 6. Vicesimo tertio apparet c. saith If the Prince was not doing the businesse of the publike and did make war without advice and consent of the people then are they not to redeem him Now certain it is when the King raiseth war not onely against his Oath and saith God do so to me and mine if I intend any thing but peace yet maketh war and also raiseth war without consent of the Parliament and a Parliament at that time convocated by his own Royall Writ and not raised and dissolved at all but still sitting formally a Parliament if he borrow money from his own Subjects and from forraign Princes to raise war against his Subjects and Parliament then the people are not obliged to pay his debts 1. Because they are obliged to the King only as a King and not as an enemy But in so raising war he cannot be considered as a King 2. Though if the people agree with him and still acknowledge him King it is unpossible Physicè he can be their King and they not pay his debts yet they sin not but may ex decentia non ex debito legali pay his debts yet are they not obliged by any Law of God or man to pay his debts but though it be true by all Law the King be obliged to pay his debt except we say that all the peoples goods are the Kings a compendious way I confesse to pay all that any voluptuous Hâ—liogabolus shall contract yet it may easily be proved That what his subjects and forraign Princes lent him to the raising of an unjust war are not properly debts but expences unjustly given out under the reduplication of formall enemies to the Countrey and so not payable by the Subjects and this is evident by Law because one may give most unjustly moneys to his neighbour under the notion of loan which yet hath nothing of the essence of loan and debt but is meer delapidation and cannot properly be debt by Gods Law for the Law regulateth a man in borrowing and lending as in other politike actions if I out of desire of revenge should lend moneys to a robber to buy powder and fewel to burn an innocent Citie or to buy armour to kill innocent men I deny that that is legally debt I dispute not whether A. B. borrowing money formally that thereby he may buy a Whore shall be obliged to repay it to C. D. under the reduplication of debt or if the borrower be obliged to pay what the lender hath unjustly lent I dare not pray to God That all our Kings debts may be payed I have scarce faith so to do Quest. 20. Whether Subsidies be due to the King as King Answ. There is a twofold Subsidie one Debitum of debt another Charitativum By way of charitie a Subsidie of debt is rather the Kingdoms due for their necessitie then the Kings due as a part of his rent we read of Custome due to the King as King and for conscience sake Rom. 13.5 6. never of a Subsidie or taxation to the Kings of Israel and Judah at any convention of the States Augustus Caesar his taxing of all the World Luk. 2. for the maintenance of Wars cannot be the proper rent of Augustus as Emperour but the rent of the Romane Empire and it is but the fact of a man Charitative subsidies to the King of indulgence because through bad husbanding of the Kings rents he hath contracted debts I judge no better than Royall and Princely begging Yet lawfull they are as I owe charitie to my brother so to my father so to my Politique father the King See Ferd. Vasq. illust quest l. 1. c. 8. who desireth that Superiors under the name of Charitie hid not rapine and citeth Cleer gravely saying offic l. 1. Nulla generi humano justitiae major pestis est quam eorum qui dum maximè fallunt id agunt ut boni viri esse videantur c. Quest. 21. Whether the Seas Floods Road-wayes Castles Ports publike Magazine Militia Armour Forts and Strengths be the Kings Ans. All these may be understood to be the Kings in divers notions 1. They are the Kings quoad custodiam publicam possessionem as a pawn is the mans in whose hand the pawn is laid down 2. They are the Kings quoad jurisdictionem cumulativam non privativam The King is to direct and Royally to command that the Castles Forts Ports Strengths Armour Magazine Militia be imployed for the safetie of the Kingdome All the Wayes Bridges the publike Road-wayes are the Kings in so far as he as a publike and Royall watchman is to secure the Subjects from Robbers and to cognosce of unknown
the Text Rom. 13. in regard of dignity but not only in regard of â—ssâ—nce Onely Nero cannot be understood Rom. 13.1 Vataâ— Homines intelligit publica authoâ—itate pâ—â—editus The P. Prelats pooâ—e reasâ—n â—estraining the Text to Kings answered Prelat 〈◊〉 Sanct. maâ— c. 2. pag. 29. P. Marty◠〈…〉 potestatum gâ—nâ—ra regna Aristocratâ—â—a Politiâ—a Tyrannica Oligarâ—hiâ—a Deus etiam illorum author Willet saith the same and so Beza so Tolet. Haymo Reasons against the lawfulnesse of resistance made to unjust violence answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heâ—â—d l. 7. de Xeâ—xe Vulgar version and Lyra turn 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Apostate Luk. 15.32 Prelat Sac. sanc maj c. 5. n. 6. The objection that Gâ—ds Prophets never 〈◊〉 non-resistance as a murtherous omission and that Godâ— people in Scripture never practâ—sâ—d resistaâ—câ— aâ—d God nâ—vâ—r câ—mmaâ—deâ— it â—â—lly â—nswâ—red Nota. 〈…〉 6. 〈◊〉 234. Sheweth the reasons why Christ â—â—ndemned 〈◊〉 nâ—t because he thought felt deâ—eâ—ce unlawfull 〈◊〉 1. it had a kind of revenge in it â—or so â—ew could not repel such an army as caâ—e to take Christ. 2. He waited nâ—t on Christs answer 3. He could have defended himself â—nothâ—r way 4. It was contrary to Gods will reveâ—led to Petâ—â— The Prophets cry against the sin of non-resistance when they cry against the peoples not executeing judgement for the oppressed and not relieving those that were crushed in the gate There is no warrant in the word by precept or practice that the King and Cavalliers should rise and oppose Princes and States in a hostile wâ—y for their conscience Sacr. sance 6. pag. 74 75 76. The Doctors of Aberdeene in their Duplyes Tâ—â—tullâ—an in an errour The ancient Chrâ—stiâ—ns did rise in Armes against persecuting Emperours Inferiour Judges have the 〈◊〉 of the sword aswell as the King The people tyed to acts of Charity and to defend themselves the Church and their posterity against a forreigne Army though the King forbid We must defend with the swâ—rd â—he Church of God whether the King will or no â—xcept it be said the King may câ—mmaâ—d murther and discharge us 〈◊〉 the dutâ—es 〈◊〉 the second Table Examples of lawfull warres without the Kiâ—g If the Parliament make the King and give to him the sword the King cannot make the Parliament nor use the sword to their destruction Parliamentary power a fountaine power above the King 〈…〉 Beliefe Causeâ— oâ— war make lawâ—ull war not the sâ—le pleasure 〈◊〉 the Kiâ—g 〈…〉 6. n. 18. It is necessary and laâ—full for tâ—e States of Scotland to help their brethren in England Cases â—n which we are to help our brethren according to divers opinions We are to help our brethren though they desire us not Solons testimony 〈◊〉 of the â—gâ—ptians â—gainst those that helped not the oppressed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 ad 〈◊〉 〈…〉 ad 〈◊〉 Acts of charity 〈◊〉 helpâ—ng our breâ—hren against uâ—just oppressions of ligâ— us whether the King câ—mmaâ—d thâ—m or forbid 〈◊〉 Loyall subâ—ectâ—â—eliefe sect 4. â—ag 7. Sacr. Sanct. Reg. maâ— c. 2. â—ag 26.27 The question â—oncerning the â—xcellency of Monarchy aâ—ove other â—â—rmes variâ—us â—ccording to â—ivers consideâ—â—tions An absolute Monarchy the baddest of governments Epiminondas his watchfulnesse A power to sin worse then a power of non-sinning Monarchy in it selfe considered is the best government Every forme in some construction best A mixed Monarchy best Tolossan de Rep. l. 13. c. 12. Paâ—â—l cont Monaâ—ch l. 〈…〉 Symmâ—ns Lâ—yall Subj unbâ—liefe § 4. pag 7. A threefold supreame power What be jura regalia or juâ—â— majestatis Anâ—isaeus dâ— juâ—i 6. mat c. 1. n 3. pag. 15â— 158. Kings conâ—â—r honours aâ— rewards of vertue as they pâ—nish â—ldoers not because they are absolute but according to law The law of the King 1 Sam 8.9.11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Father consideration of the place 1 Sam. 8.9.11 Difference of Kings and Judges The law or manner of the King 1 Sam. 8.9 no permissive law of God as was the law of a bill of divorcement God cannot make a permissive law tending to the destruction of a whole national Church and Kingdome What dominion the King hath over the goods of the subject The peoples power over the King by reason of the Coronation covenant Mutuall punâ—shments may be wâ—ere there be no mutuall relations of superiority and inferiority A promise layeth a politique obligation on the promiser and giveth law to him to whom the promise is made to presse performance or punish violation when the promises are betwixt man and man Three kindes of oathes or covenants â—â—de by Kings as Arnisaeus thinketh The King not King while he first swear the oath It is an evasion onely to distinguâ—sh between the Kings promisâ—s and his oath Grotius de jur bel pac l. 1. c. 4. Barclai l. 4. c. 6. A King cannot swear to be a just King because he is already King Bartol in l. 1. n. 4. de his quâ— not â—nfam Arnisae cap. 6. An princeps qui turaâ— subditis c. Io. Ross. de potest pa. lib. 2. c. 20. B. Rochester 16 A difference betwixt a father and a King A people may give Royall power to the King by limitation and measure but people can give no gift which is solely and immediately from God by measure they cannot measure God Sacr. san reg maj c. 1. pag. 1 2. An. 1633. Coronation of King Charls in Scotland L. 3. desens sid Orth. c. 3. n. 2 3. The P. Prelate is a Papist Iesuites tenents concerning Kings Tract contra primatum Regis Angliae Calvin Iust. l. 4. c. 4. Sac. sanc Mai. c. 1. p. 17 18. Soveraigne power in the King but not power of Tyrannie The King not the Vicegerent of Christ as mediator The King not the head of the Church The Prelates reason proveth all creatures to be the vicegerents of Christ as Mediator 2 Reas. p. 58. The King no mixâ—â— person or half Clergie man in the externall government of the Church as the P. P. dreameth 1 Parl. King Charles an 1633. The P. Prelate prayeth for the Pope The power of Presbyteries Ministeriall P. Prelates deny Kings to be subject to the Gospel and Discipline of Christ Pag. 65. The Ministeriall power of Page 65. The P. Prelate maketh the King a Church-man The P. Prelate giveth an Arbitrary power of government in Christs-Church to the King Prelates extend a lawlesse prerogative to the government of the Church Two Supremes under Christ one in the Church another in the State are not absurd P. 66 67 68. The King noâ— the servant of the Church Ruling Elders not Lay-men The King of Scotland not above Laws and Parliaments proved from our acts of Parliament The King of Scotland's oath at his Coronation How the King is supreme Iudge in all Causes The Estates of Parliament do append their collaterall Seales with the Great Seal in Treaties with forraigne Princes Angl. Conf. art 37. civiliâ—â—erâ—câ—nt â—â—erâ—câ—nt W. Laud and other Prelates enemies to Parliaments The Parliaments of Scotland doe regulate limit and set bounds to the Kings power Fergus the first King of Scotland no Conquerour but a freely elected Prince A fundamentall Law of elective Kings in Scotland The Parliaments of Scotland chosed Kings â—he Oath of â—aldus the 21. â—ing of Scotâ—â—nd Kings of Scotâ—and censured â—nd punished â—y the Parliaâ—ent Kings of Scotland of old had no negative voyce Buchan Res. Scot. l. 7. Coronation Oath Parliamentâ— of Scotland by Law are to decide who should raigne How Royaltie is the first and naturall Government Many Rulers over a great multitude more naturall than one To resist the Will is not to resist the Power Pag. 9. It is no good consequence Christ and the Apostles used not violent resistance to spread the Gospel ergo such resistance is unlawfull The Coronation of the King in concreto is more then a Ceremonie Men may limit the Power that they gave not Arnisaeus de authorit princi c. 3. n. 6. Subiects not more obnoxious to a King then Clients Vassals Children Servi indignè â—abiti consugiâ—ndi ad statuas dominum â—â—utandi copiam â—abent l. 2. De â—is qui sunt sui Item C. De lat Hered toll Arnisaeus De authori princiâ—um in popul â— 3. n. 7. Subjects in active obedience must subject to a Kings lawfull commandement but in things unlawfull they are not naturally subject in passive subjection Whether King Vzzah was dethroned Arnisaeus de jure Pontif. Rom. in Regna Princ. c. 5. n. 30. Bellarm. de paenit l. 3. c. 2. Deniall of passive obedience in things unjust not dishonourable to the King more then deniall of active obedience in these same things Loyall Convert page 10. The King may not make away a part of his owne Dominions Ferdinan Vasquius illustr quest l. 1. c. 3. n. 8. juri alieno quisquam nec in minima parte obesse potest l. id quod nostru F. de reg jur l. jur natu cod titul l. How subjects are obliged to pay the Kings debts Subsidies the Kingdoms due rather then the Kings In how many divers notions the Seas Forts Castles Militia Road-wayes are the Kings and how more properly they are the Kingdomes
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 anâ— 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 Eâ—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
Prelate conclude that neither constitution nor designation of Kings is from the people Negatur P. 38 39. The excellency of Kings maketh them not of Gods onely Constitution and Designation Ibid. How Soveraigntie is in the people how not P. 43. A Communitie doth not surrender their right and libertie to their Rulers so much as their power active to do and passive to suffer violence P. 44 45. Gods loosing of the bonds of Kings by the mediation of the peoples despising him proveth against the P. P. That the Lord taketh away and giveth Royall Majestie mediately not immediately P. 45 46. The subordination of people to Kings and Rulers both naturall and voluntary the subordination of beasts and creatures to man meerly naturall P. 46 47. The place Gen. 9.5 He that shedeth man's blood c. discussed P. 47 48. QUEST VIII Whether or no the P. Prelate proveth by force of reason That the people cannot be capable of any power of Goverment Negatur pag. 49 50. In any communitie there is an active and passive power to Government P. 50. Popular Government is not that wherein all the whole people are Governours P. 53 54. People by nature are equally indifferent to all the three Governments and are under not any one by nature P. 53. The P. Prelate denyeth the Pope his father to be the Antichrist Ibid. The bad successe of Kings chosen by people proveth nothing against us because Kings chosen by God had bad successe through their own wickednesse P. 54 55. The P. Prelate condemneth King Charls his ratifying Parl. 2. An. 1641. The whole proceedings of Scotland in this present Reformation P. 56. That there be any supreme Judges is an eminent act of divine providence which hindereth not but that the King is made by the people P. 57. The people not patients in making a King as is water in the Sacrament of Baptisme in the Act of production of grace P. 58. QUEST IX Whether or no Soveraigntie is so in and from the people that they may resume their power in time of extreme necessity Negatur pag. 58. How the people is the subject of Soveraignty Ibid. No Tyrannicall power is from God P. 59. People cannot alienate the naturall power of self-defence Ibid. The power of Parliaments P. 60. The Parliament hath more power then the King Ibid. Judges and Kings differ P. 61. People may resume their power not because they are infallible but because they cannot so readily destroy themselves as one man may do P. 63. That the Sanâ—drim punished not David Bathsheba Joab is but a fact not a law P. 63 64. There is a subordination of Creatures naturall Government must be naturall and yet this or that form is voluntary P. 65 66 67. QUEST X. Whether or not Royall birth be equivalent to Divine Unction Negatur pag. 68. Impugned by eight Arguments Ibid. Royalty not transmitted from father to sonne ibid. A family may be chosen to a Crown as a single person is chosen but the tye is conditionall in both pag. 68.69 The Throne by speciall promise made to David and his seed by God Psal. 89. no ground to make birth In foro Dei a just title to the crowne pag. 69 70. A Title by conquest to a Throne must be unlawfull if birth be Gods lawfull title pag. 70. Royalists who held conquâ—st to be a just title to the Crown teach manifest treason against King Charles and his Royall Heires ibid. Only Bona fortunae not honour or Royalty properly transmittable from father to sonne pag. 71. Violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull King pag. 72. Naked birth is inferiour to that very divine unction that made no man a King without the peoples election pag. 73. If a Kingdome were by birth the King might sell it pag. 74. The Crown is the Patrimony of the Kingdome not of him who is King or of his father pag. 72 73 76. Birth a typicall designement to the Crowne in Israel pag. 74. The choise of a family to the Crowne resolveth upon the free election of the people as on the fountaine-cause pag. 76. Election of a family to the Crown lawfull pag. 77. QUEST XI Whether or no he be more principally a King who is a King by birth or he who is a King by the free election of the people Affir posterius pag. 79. The Elective King commeth nearer to the first King Deut. 17. pag. 80. If the people may limit the King they give him the power ibid. A Community have not power formally to punish themselves pag. 81. The Hereditary and the elective Prince in divers considerations better or worse each one then another pag. 82. QUEST XII Whether or no a Kingdome may lawfully be purchased by the sole Title of Conquest Negatur pag. 82. 7. Argu. for the negaâ— a twofold right of conquest ibid. Conquest turned in an after-consent of the people becommeth a just title pag. 83. Conquest not a signification to us of Gods approving will pag. 84. Meere violent domineering contrary to the acts of governing ibid. Violence hath nothing in it of a King ibid. A bloody Conquerour not a blessing per se as a King is pag. 85. Strength as prevailing is not Law or reason pag. 86 Fathers cannot dispone of the liberty of posterity not borne ibid. A father as a father hath not power of life and death pag. 87. Israels and Davids Conquests of the Canaanites Edomites Ammonites not lawfull because conquest but upon a Divine title of Gods promise pag. 88.89 QUEST XIII Whether or no Royall Dignity have its spring from Nature and how that is true every man is borne free and how servitude is contrary to nature Affir 89. Seven sorts of superiority and inferiority pag. 89 90. Power of life and death from a positive Law ibid. A Dominion antecedent and consequent 90. Kings and subjects no naturall order ibid. A man is borne consequenter in politick relation pag. 91. Slavery not naturall from four reasons ibid. Every man borne free in regard of civill subjection not in regard of naturall such as of children and wife to Parents and Husband proved by seven Arguments pag. 91 92 93. Politique Government how necessary how naturall pag. 94. That Parents should inslave their children not naturall pag. 95. QUEST XIV Whether or no the people make a Person their King conditionally or absolutely and whether the King be tyed by any such covenant pag. 96. The King under a naturall but no civill obligation to the people as Royalists teach ibid. The Covenant civilly tyeth the King proved by Scriptures and reasons by 8. Argu. ibid. sequent Jf the condition without which one of the parties would never have entered in Covenant be not performed that party is loosed from the Covenant pag. 97. The people and Princes are obliged in their places for Iustice and Religion no lesse then the King pag. 98. In so farre as the King presseth
a false Religion on the people eatenus in so farre they are understood not to have a King pag. 99. The Covenant giveth a mutuall coactive power to King and people to compell each other though there be not one in earth higher then both to compell each of them pag. 100. The Covenant bindeth the King as King not as he is a man onely pag. 101. One or two Tyrannous acts deprive not the King of his Royall right pag. 104. Though there were no positive written Covenant which yet we grant not yet there is a naturall tacit implicit Covenant tying the King by the nature of his Office pag. 106 If the King be made King absolutely it is contrary to Scripture and the nature of his Office pag. 107. The people given to the King as a pledge not as if they became his owne to dispose of at his absolute will pag. 108. The King could not buy sell borrow if no Covenant should tye him to men ibid. The Covenant sworne by Iudah 2 Chro. 15. tyed the King pag. 109. QUEST XV. Whether the King be univocally or only Analogically and by proportion a father pag. 111 Adam not King of the whole earth because a father ibid. The King a Father Metaphorically and improperly proved by eight Arguments ibid. sequent QUEST XVI Whether or no a despoticall or masterly dominion agree to the King because he is King Negatur pag. 116 The King hath no masterly dominion over the Subjects as if they were his servants Proved by 4. Arguments pag. 116. The King not over men as reasonable creatures to domineere pag. 117. The King cannot give away his Kingdome or his people as if they were his proper goods ibid. A violent surrender of liberty tyeth not pag. 119 A surrender of ignorance is in so farre unvoluntary as it oblige not ibid. The goods of the subjects not the Kings proved by 8. Argu. pag. 120. All the goods of the subjects are the Kings in a four-fold sence· pag. 121· QVEST. XVII Whether or no the Prince have properly the fiduciary or ministeriall power of a Tutor Husband Patron Minister Head Master of a Family not of a lord or dominator Affirmed p. 124. The King a Tutor rather then a Father as these are distinguished ibid. A free Communitie not properly and in all respects a minor and pupill p. 125. The Kings power not properly maritall and husbandly ibid. The King a Patron and Servant pag. 126. The Royall power only from God Immediatione simplicis constitutionis solum solitudine causae primae but not Immediatione applicationis dignitatis ad personam pag. 126. The King the Servant of the people both objectively and subjectively pag. 127. The Lord and the people by one and the same act according to the Physicall relation maketh the King ibid. The King head of the people Metaphorically only not essentially not univocally by 6. Argu. pag. 128. His power fiduciary only pag. 129. QVEST. XVIII What is the Law or manner of the King 1 Sam. 8 9 11. the place discussed fully pag. 130. The Power and the Office badly differenced by Barclay pag. 130. What is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the manner of the King by the harmony of Interpretors ancient and moderne Protestants and Papists pag. 131 132 133. Crying out 1 Sam. 8. not necessarily a remedy of tyranny nor a praying with faith and patience pag. 135 136. Resisting of Kings that are tyrannous and patience not inconsistent ibid. The Law of the King not a permissive Law as was the Law of Devorcement pag. 136 137. The Law of the King 1 Sam. 12.23 24. not a Law of tyranny pag. 138 139. QVEST. XIX Whether or no the King be in Dignity and Power above the people Neg. Impugned by 10. Argu. p. 139. In what consideration the King is above the people and the people above the King pag. 139 140. A meane as a meane inferiour to the end how its true ibid. The King inferiour to the people ibid. The Church because the Church is of more excellency then the King because King pag. 140 141. The people being those to whom the King is given worthier then the gift pag. 141. And the people immortall the King mortall pag. 142. The King a meane only not both the efficient or Author of the Kingdome and a meane Two necessary distinctions of a meane pag. 143 If sin had never been there should have been no King pag. 142. The King is to give his life for his people ibid. The consistent cause more excellent then the effect pag. 143 144 145. The people then the King pag. 144 145. Vnpossible people can limit Royall Power but they must give Royall Power also ibid. The people have an action in making a King proved by foure Arguments ibid. Though it were granted that God immediately made Kings yet it is no consequent God only and not the people can unmake him pag. 146. The people appointing a King over themselves retaine the Fountaine-power of making a King pag. 147 148 149. The meane inferiour to the end and the King as King is a meane pag. 149 150 153. The King as a meane and also as a man inferiour to the people pag. 150. To sweare non-selfe-preservation and to sweare selfe-murther all one pag. 151. The people cannot make away their power 1. Their whole power nor 2. irrevocably to the King pag. 152. The people may resume the power they give to the Commissioners of Parliament when it is abused p. 152 The Tables in Scotland lawfull when the ordinary judicaturies are corrupt p. 153. Quod efficit tale id ipsum magis tale discussed the fountain-power in the people the derived onely in the King p. 153 154 155. The King is a fiduciary a life-renter not a lord or heritor p. 155 156. How soveraigntie is in the people p. 156 157. Power of life and death how in a Community ibid. A Communitie voide of Rulers is yet and may be a politike body p. 157. Iudges gods Analogically p. 158. QUEST XX. Whether Inferiour Judges be essentially the immediate Vicegerents of God as Kings not differing in essence and nature from Kings Affirmatur Proved by twelve Arguments pag. 159. Inferiour Iudges the immediate Vicars of God no lesse then the King ibid. The consciences of inferiour Iudges immediately subordinate to God not to the King either mediately or immediately p. 160. How the inferiour Iudge is the deputy of the King p. 161 162. He may put to death murtherers as having Gods sword committed to him no lesse then the King even though the King command the contrary for he is not to execute judgement and to relieve the oppressed conditionally if a mortall King give him leave but whether the King will or no he is to obey the King of Kings p. 160 161. Inferiour Iudges are ministri regni non ministri regis p. 162 163. The King doth not make Iudges as he is a man by an act of private good will but as he
three Kingdoms of England Scotland and Ireland p. 446 447 448. The Parliament of Scotland doth regulate limit and set bounds to the Kings power p. 448 449 Fergus the first King not a Conquerour p. 449. The King of Scotland below Parliaments considerable by them hath no negative voice p. 450 451 seq QUEST XLIV Generall results of the former doctrine in some few Corrolaries in 22 Questions p. 454 455. Concerning Monarchy compared with other forms p. 454. How Royaltie is an issue of nature p. 454 455. And how Magistrates as Magistrates be naturall p. 455. How absolutenesse is not a Ray of Gods Majestie ibid. And resistance not unlawfull because Christ and his Apostles used it not in some cases p. 456 457. Coronation is no ceremony p. 457. Men may limit the power that they gave not p. 457 458. The Common-wealth not a pupill or minor properly p. 459. Subjects not more obnoxious to a King then Clients Vassals Children to their Superiours p. 459 460. If subjection passive be naturall p. 461. Whether King Uzziah was dethroned p. 461 462. Idiots and children not compleat Kings children are Kings in destination onely p. 462. Deniall of passive subjection in things unlawfull not dishonourable to the King more then deniall of active obedience in the same things p. 463. The King may not make away or sell any part of his Dominions p. 463 464. People may in some cases conveen without the King p. 464. How and in what meaning subjects are to pay the Kings debts p. 465. Subsidies the Kingdoms due rather then the Kings p. 465 466. How the Seas Ports Forts Castles Militia Magazeen are the Kings and how they are the Kingdoms p. 466. Lex Rex QUEST I. In what sense Government is from God I Reduce all that I am to speak of the power of Kings to the Author or efficient 2. The matter or subject 3. The form or power 4. The end and fruit of their Government And 5. to some cases of resistance Hence Quest. I. Whether Government be warranted by a divine Law The question is either of Government in generall or of the particular species of Government such as are Government by one only called Monarchy the Government by some chief leading men named Aristocracie the Government by the people going under the name of Democracie 2. We cannot but put difference betwixt the institution of the Office to wit Government and the designation of person or persons to the Office 3. What is warranted by the direction of natures light is warranted by the Law of nature and consequently by a divine Law for who can deny the Law of nature to be a divine Law That power of Government in generall must be from God I make good 1. Because Rom. 13. 1. there is no power but of God the powers that be are ordained of God 2. God commandeth obedience and so subjection of conscience to powers Rom. 13.5 Wherefore we must be subject not onely for wrath or civill punishment but for conscience sake 1 Pet. 2.13 Submit your selves to every ordinance of man for the Lords sake whether it be to the King as Supreme c. Now God onely by a divine Law can lay a band of subjection on the conscience tying men to guilt and punishment if they transgrâ—sse 2. Conclus All civill power is immediately from God in its root In that 1. God hath made man a sociall creature and one who inclineth to be governed by man then certainly he must have put this power in mans nature so are we by good reason taught by Aristotle 2. God and nature intendeth the policie and peace of mankinde then must God and nature have given to mankinde a power to compasse this end and this must be a power of Government I see not then why John Prelate Master Maxwel the excommunicate P. of Rosse who speakâ—th in the name of I. Armagh had reason to say That he feared that we fancied that the Government of Superiours was onely for the more perfit but have no Authoritie over or above the perfit Nâ—c Rex nec Lex justo posita He might have imputed this to the Brasilians who teach That every single man hath the power of the sword to revenge his own injuries as Molina saith QUEST II. Whether or not Government be warranted by the Law of nature AS domestick societie is by natures instinct so is civill societie naturall in radice in the root and voluntary in modo in the manner of coalescing Politick power of Government agreeth not to man singly as one man except in that root of reasonable nature but supposing that men be combined in societies or that one family cannot contain a societie it is naturall that they joyn in a civill societie though the manner of Union in a politick body as Bodine saith be voluntary Gen. 10.10 Gen. 15.7 and Suarez saith That a power of making Laws is given by God as a property flowing from nature Qui dat formam dat consequâ—ntia ad formam Not by any speciall action or grant different from creation nor will he have it to result from nature while men be united into one politick body which Union being made that power followeth without any new action of the will We are to distinguish betwixt a power of Government and a power of Government by Magistracy That we defend our selves from violence by violence is a consequent of unbroken and sin-lesse nature but that we defend our selves by devolving our power over in the hands of one or more Rulers seemeth rather positively morall then naturall except that it is naturall for the childe to expect help against violence from his father For which cause I judge that learned Senator Ferdinandus Vasquius said well That Princedom Empire Kingdom or Iurisdiction hath its rise from a positive and secundary law of Nations and not from the law of pure Nature The Law saith there is no law of Nature agreeing to all living creatures for superiority for by no reason in Nature hath a Boar dominion over a Boar a Lyon over a Lyon a Dragon over a Dragon a Bull over a Bull And if all Men be born equally free as I hope to prove there is no reason in Nature why one Man should be King and Lord over another therefore while I be otherwise taught by the forecasten Prelate Maxwell I conceive all jurisdiction of Man over Man to be as it were Artificiall and Positive and that it inferreth some servitude whereof Nature from the womb hath freed us if you except that subjection of children to parents and the wife to the husband and the Law saith De jure gentium secundarius est omnis principatus 2. This also the Scripture proveth while as the exalting of Saul or David above their Brethren to be Kings and Captains of the Lords people is ascribed not to Nature for King and Beggar spring of one clay-mettall but to
the wretched Popish ceremonies are from God But we teach no such thing let Maxwell free his Master Bellarmine and other Iesuites with whom he sideth in Romish Doctrine we are free of this Bellarmine saith that politick power in generall is warranted by a Divine law but the particular formes of politick power he meaneth Monarchie with the first is not by Divine right but de jure â—entium by the law of nations and sloweth immediately from humane election as all things saith he that appertein to the law of Nations So Monarchie to Bellarmine is but an humane invention as Mr. Maxwell his Surplice is and D. Ferne sect 3. p. 13. saith with Bellarmine 3. A King is said to be from God by particular designation as he appointed Saul by name for the crown of Israel Of this hereafter 4. The Kingly or Royall office is from God by divine institution and not by naked approbation for first we may well prove Aarons Priesthood to be of divine institution because God doth appoint the Priests qualification from his familie bodily perfections and his charge And we take the Pastor to be by divine law and Gods institution because the Holy Ghost 1 Tim. 3.1 2 3 4. describeth his qualification so may we say that the Royall power is by divine institution because God mouldeth him Deut. 17.15 Thou shalt in any wise set him King over thee whom the Lord thy God shall choose one from amongst thy brethren c. Rom. 2 13. There is no power but of God the powers that be are ordained of God 3. That power must be ordained of God as his own ordinance to which we owe subjection for conscience and not only for feare of punishment but every power is such Rom. 13.4 To resist the Kingly power is to resist God 5. He is the Minister of God for our good 6. He beareth the sword of God to take vengeance upon ill-doers 7. The Lord expresly saith 1 Pet. 2.17 Feare God honour the King v. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreme 14. or unto governours as unto those that are sent by him c. Tit. 3. Put them in mind to be subject to principalities and powers and so the fift Commandement layeth obedience to the King on us no lesse then to our parents Whence I conceive that power to be of God to which by the morall law of God we owe perpetuall subjection and obedience 8. Kings and all Magistrates are Gods and Gods deputies and lieutenants upon earth Ps. 82.1.6 7. Exod. 22.8 Exod. 4.16 and therefore their Office must be a lawfull ordinance of God 9. By their Office they are feeders of the Lords people Ps. 78.70.71.72 the shields of the earth Ps. 47.9 nursing fathers of the Church Ps. 49.23 Captaines over â—he Lords people 1 Sam. 9.19.10 It is a great Iudgâ—ment of God when a land wanteth the benefit of such ordinances of God Esay 3 1 2.3.6 7.11 The execution of their office is an act of the just Lord of heâ—vâ—n aâ—d earth not onely by permission but according to Gods revealed Will in his Word their judgement is not the judgement of men but of the Lord 2 Chron. 19.6 and their Throne is the Throne of God 1 Chron. 19.21.12 Hierom saith to punish murtherers and sacrilegious persons is not bloud-shed but the ministery and service of good Lawes So if the King be a living law by Office and the law put in execution which God hath commanded then as the Morall Law is by divine institution so must the Officer of God be who is Custos vindex legis divinae the keeper preserver and avenger of Gods Law and Basilius this is the Princes Office Vt opem serat virtuti malitiam vero impugnet when Paulinus Treverensis Lucifer Metropolitane of Sardinia Dionysius Mediolanensis and other Bishops were commanded by Constantine to write against Athanasius they answered Regnum non ipsius esse sed dâ—i aquo acceperit the Kingdom was Gods not his as Athanasius saith Optatus Milevitanus helpeth us in the cause where he saith with Paul VVe are to pray for heathen Kings The genuine end of the Magistrate saith Epiphanius is ut ad bonum ordinem universitatis mundi omnia ex deo bene disponantur atque administrentur But some object if the Kingly Power be of divine institution then shall any other government be unlawfull and contrary to a divine institution and so we condemne Aristocracy and Democracy as unlawfull Ans. This consequence were good if Aristocracy and Democracy were not also of divine institution as all my arguments prove for I judge they are not Governments different in nature if we speake Morally and Theologically onely they differ politically and positivelâ— nor is Aristocracy any thing but diffused and inlarged Monarchy and Monarchy is nothing but contracted Aristocracy even as it is the same hand when the thumb and the foure fingers are folded together and when all the five fingers are dilated and stretched out and where ever God appointed a King he never appointed him absolute and a sole independent Angell but joyned alwaies with him Iudges who were no lesse to judge according to the Law of God 2 Chron. 19.6 then the King Deut. 17. v. 15. And in an obligation morall of judging righteously the conscience of the Monarch and the conscience of the inferiour Iudges are equally with an immediate subjection under the King of Kings for there is here a co-ordination of consciences and no subordination for it is not in the power of the inferiour Iudge to judge Quoad specificationem as the King commandeth him because the judgement is neither the Kings nor any mortall mans but the Lords 2 Chronicles 19.6 7. Hence all the three formes are from God but let no man say if they be all indifferent and equally of God societies and Kingdomes are left in the dark and know not which of the three they shall pitch upon because God hath given to them no speciall direction for one rather than for another But this is easily answered that a republick appoint Rulers to governe them is not an action indifferent but a Morall action because to set no Rulers over themselves I conceive were a breach of the fift Commandement which commandeth government to be one or other 2. It is not in mens free will that they have government or no government because it is not in their free will to obey or not to obey the acts of the Court of nature which is Gods Court and this Court enacteth that societies suffer not mankind to perish which must necessarily follow if they appoint no government also it is proved else where that no Morall acts in their exercises and use are left indifferent to us so then the aptitude and temper of every Common-wealth to Monarchy rather then to Democracy or Aristocracy is Gods Warrant and nearest
if the people have this it s a creating of a King under God who principally disposeth of Kings and Kingdomes and this is enough for us The want of this made Zimri no King and those whom the Rulers of Iezreel at Samaria 2 King 10. refused to make Kings no Kings This election of the people made Athaliah a Princesse the removall of it and translation of the crown by the people to Ioash made her no Princesse for I beseech you what other calling of God hath a race of a familie and a person to the crowne but only the election of the States There is now no voice from heaven no immediately inspired Prophets such as Samuel and Elisha to annoynt David not Eliab Solomon not Adoniah The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the heroick spirit of a Royall facultie of governing is I grant from God only not from the people but I suppose that maketh not a King for then many sitting on the throne this day should be no Kings and many private persons should be Kings If he meane by the peoples choosing nothing but the peoples approbative consent posterior to Gods act of creating a King let them shew us an act of God making Kings and establishing royall power in such a familie rather then in such a familie which is prior to the peoples consent distinct from the peoples consent I believe there is none at all 4. Arg. Hence I argue If there be no calling or title on earth to tie the Crown to such a Familie and Person but the suffrages of the people then have the line of such a familie and the persons now no calling of God no right to the crown but only by the suffrages of the people except we say that there be no lawfull Kings on earth now when Propheticall unction and designation to Crowns are ceased contrary to expresse Scripture Rom. 13.1 2 3. 1 Pet. 2.13 14 15 16 17. But there is no title on earth now to tye crownes to families to persons but onely the suffrages of the people for 1. Conquest without the consent of the people is but royall latrocinie as we shall see 2. There is no propheticall and immediate calling to Kingdomes now 3. The Lords giving of Regall parts is somewhat but I hope Royallists will not deny but a child young in yeares and judgment may be a lawfull King 3. Mr. Maxwell his appointing of the Kingly office doth no more make one man a lawfull King then another for this were a wide consequence God hath appointed that Kings should be ergo Iohn a Stiles is a King yea ergo David is a King It followeth not Therefore it remaineth only that the suffrages of the people of God is that just title and divine calling that Kings have now to their crownes I presuppose they have gifts to governe from God 5. If the Lords immediate designation of David and his annointing by the divine authoritie of Samuel had been that which is alone without the election of the people made David formally King of Israel then there were two Kings in Israel at one time for Samuel annointed David and so he was formally King upon the ground layed by Royallists that the King hath no royall power from the people and David after he himselfe was annointed by Samuel divers times calleth Saul the Lords anointed and that by the inspiration of Gods spirit as we and Royallists doe both agree Now two lawfull supreme Monarchs in one Kingdome I conceive to be most repugnant to Gods truth and sound reason for they are as repugnant as two most Highs or as two Infinites 2. It shall follow that David all the while betwixt his anointing by Samuel and his coronation by the suffrages of all Israel at Hebron 1. Was in-lacking in discharging and acquiting himselfe of his royall duty God having made him formally a King and so laying upon him a charge to execute justice and judgement and defend Religion which he did not discharge 2. All Davids suffering upon Davids part must be unjust for as King he should have cut off the murtherer Saul who killed the Priests of the Lord especially seeing Saul by this ground must be a private murtherer and David the only lawfull King 3. David if he was formally King deserted his calling in flying to the Philistims for a King should not forsake his Kingdome upon no hazards even of his life no more then a Pilot should give over the helme in an extreme storme but certainly Gods dispensation in this warranteth us to say no man can be formally a lawfull King without the suffrages of the peoâ—leâ— for Saul after Samuel from the Lord anointed him remained a private man and no King till the people made him King and elected him And David anointed by that same divine authoritie remained formally a Subject and not a King till all Israel made him King at Hebron And Salomâ—n though by God designed and ordained to be King yet was never King till the people made him King 1 King 1. ergo there floweth something from the power of the people by which he who is no King now becommeth a King formally and by Gods lawfull call whereas before the man was no King but as touâ—hing all royall power a meere private man And I am sure birth must be lesse then Gods designation to a crowne as is cleere Adoniah was elder then Salomon yet God will have Salomon the younger by birth to be King and not Adoniah And so Mr. Symons and other Court-Prophets must prevaricate who will have birth without the peoples election to make a king and the peoples voyces but a ceremonie 6. I thinke Royalists cannot deny but a people ruled by Aristocraticall Magistrates may elect a King and a King so elected is formally made a lawfull King by the peoples election for of six apt and gifted to reigne what maketh one a King and not the other five Certainly God disposing the people to choose this man and not another man it cannot be said but God giveth the Kingly power immediately and by him Kings raigne that is true The Office is immediately from â—od but now the question is what is that which formally applyeth the Office and Royall Power to this Person rather thâ—n to the other five as meet Nothing can here be dreamed of but God inclining the hearts of the States to choose this man and not this men QUEST V. Whether or no P. P. the Author of Sac. San. Regum Majestas called the sacred and Royall Prerogative of Kings proveth that God is the immediate Author of Soveraignty and that the King is no creature of the peoples making COnsider first that the excommunicated Prelate saith cap. 2. p. 19. Kings are not immediatly from God as by any speciall Ordinance sent from Heaven by the ministery of Angels and Prophets there were but some few such as Moses Saul David c. yet something may immediatly proceed from God and be his speciall worke
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 wife 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 kept inviolable 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 is 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 â—ut-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 disposed of by the composed contracts of men but by the immediate hand and worke of God Hos. 13.11 I gave them a King in my anger I tooke him away in my wrath Iob He places Kings in the throne c. Ans. Here is a whole Chapter of seven pages for one raw argument ten times before repeated 1. to Exod. 9.7 I have raised up Pharaoh Paul expoundeth it Rom. 9 to prove that King Pharaoh was a vessell of wrath fitted for destruction by Gods absolute Will and the Prelate following Arminius with treasonable charity applyeth this to our King Can this man pray for the King 2. Elisha anoynted but constituted not Hazael King and foretold he should be King and if he be a King of Gods making who slew his sicke Prince and invaded the Throne by innocent bloud judge you I would not take Kings of the Prelates making 3. If God give to Nebuchadnezer the same still of the servant of God given to David Ps. 18.1 116.16 and to Moses Ios. 1 2.
commanding the people as King before the people make him King 3. If the peoples approving and consenting that an elected King be their King presupposeth that he is a King designed and constituted by God before the people approve him as King Let the P. Prelate give us an act of God now designing a man King for there are no immediate voyces from heaven saying to a people This is your King before the people elect one of sixe to be their King And this infallibly proveth that God designeth one of sixe to be a King to a people who had no King before by no other act but by determining the hearts of the States to elect and designe this man King and passe any of the other five 4. When God Deut. 17. forbiddeth them to choose a stranger he presupposeth they may choose a stranger for Gods law now given to man in the state of sinne presupposeth he hath corruption of nature to doe contrary to Gods law Now if God did hold forth that their setting a King over them was but the peoples approving the man whom God shall both constitute and designe to be King then he should presuppose that God was to designe a stranger to be the lawfull King of Israel and the people should be interdicted to approve and consent that the man should be King whom God should choose for it was unpossible that the people should make a stranger King God is the only immediate King-creator the people should only approve and consent that a stranger should be King yet upon supposall that God first constituted and designed the stranger King it was not in the peoples power that the King should be a Brother rather then a stranger for if the people have no power to make a King but doe only approve him or consent to him when he is both made and designed of God to be King it is not in their power that he be either brother or stranger and so God commandeth what is simply impossible 2. Consider the sense of the command by the Prelates vaine Logick I Iehovah as I only create the world of nothing so I only constitute and designe a man whether Iew or Nebuchadnezzar a stranger to be your King yet I inhibit you under the pain of my curse that you set any King â—ver your selves but only a brother What is this but I inhibite you to be creators by omnipotent power 5. To these adde the reasons I produced before that the people by no shadow of reason can be commanded to make such a man King not such a man if they only consent to the man made King but have no action in the making of the King P. Prelate All the acts reall and imaginable which are necessary for the making of Kings are ascribed to God Take the first King as a ruling case 1 Sam. 12.13 Behold the King whom you have chosen and desired and behold the Lord hath set a King over you This election of the people can be no other but their admittance or acceptance of the King whom God hath chosen and constituted as the words whom ye have chosen imply 1 Sam. 9.17 1 Sam. 10.1 You have Sauls election and constitution where Samuel as Priest and Prophet anointeth him doing reverence and obeysance to him and ascribing to God that he did appoint him supreame and Soveraigne over his inheritance And the same expression is 1 Sam. 12.13 The Lord hath set a King over you which is Psal. 2.6 I have set my King upon my holy hill of Zion Neither man nor Angel hath any share in any act of constituting Christ King Deut. 17. The Lord vindicateth as proper and peculiar to himselfe the designation of the person It was not arbitrary to the people to admit or reject Saul so designed it pleased God to consummate the worke by the acceptation consent and approbation of the people ut suaviore modo that by a smoother way he might incourage Saul to undergoe the hard charge and make his people the more heartily without grumbling and scruple reverence and obey him The peoples admittance possibly added something to the solemnitie to the pompe but nothing to the essentiall and reall constitution or necessitie it only puts the subjects in mala fide if they should contraveen as the intimation of a Law the coronation of an hereditary King the inthronization of a Bishop And 1 King 3.7 Thou hast made thy servant King 1 Sam. 16.1 I have provided me a King Psal. 18.50 He is Gods King Psal. 89.19 I have exalted one chosen out of the people v. 20. He anointeth them 27. adopteth them I will make him my first borne Psal. 82.6 the first borne is above every brother severally and above all though a thousand joyntly Answ. 1. By this reason inferiour Iudges are no lesse immediate Deputies of God and so irresistible then the Kings because God took off the spirit that was on Moses and immediately powred it upon the seventy Elders who were Iudges inferiour to Moses Num. 11.14.15.16 Answ. 2. This P. P. cannot make a Syllogisme Iâ— all the acts necessary to make a King be given to God none to the people then God both constituteth and designeth the King But the former the Scripture saith ergo if all the acts be given to God as to the prime King-maker and disposer of Kings and Kingdoms and none to the people in that notion then God both constituteth and designeth a King Both major and minor is false The major is aâ— false as the very P. Prelate himselfe All the acts necessary for war-making are in an eminent manner given to God as 1. the Lord fighteth for his people 2. The Lord scattered the enemies 3. The Lord slew Og King of Bashan 4. The battell is the Lords 5. The victorie the Lords ergo Israel never fought a battell So Deut. 32. The Lord alone led his people the Lord led them in the wildernesse their bow and their sword gave them not the land God wrought all their workes for them Esa 26.12 ergo Moses led them not ergo the people went not on their own leggs through the wildernesse ergo the people never shot an arrow never drew a sword It followeth not 1. God did all these as the first eminent principall and efficacious pre-determinator of the creature though this Arminian and Popish Prelate mind not so to honour God 2. The assumption is also false for the people made Saul and David Kings and it were ridiculous that God should command them to make a brother not a stranger King if it was not in their power whether he should be a Iew a Scythian an Ethiopian who was their King if God did only without them both choose 2. constitute 3. designe the person and performe all acts essentiall to make a King and the people had no more in them but only to admit and consent and that for the solemnitie and pompe not for the essentiall constitution of the King 3. â—
1 Chro. 17.22 2 Sam. 7.12 and fulfilled of Christ and by the Holy Ghost spoken of him Heb. 1.5.6 is blasphemous for God said not to Nero Iulian Dioclesian Belshazer Evilmerodach who were lawfull Kings I will make him my first borne and that any of these blasphemous Idolatrous Princes should cry to God he is my Father my God c. is Divinity well beseeming an excommunicated Prelate Of the Kings dignity above the Kingdome I speake not now the Prelate pulled it in by the haire but hereafter we shall heare of it P. Prelate God onely anoynted David 1 Sam. 16.4 the men of Bethleem yea Samuel knew it not before God saith with mine holy oyle have I anoynted him Ps. 89.91 1. He is the Lords anoynted 2. The oyle is Gods not from the Apothecaries shop nor the Priests Viall this oyle descended from the Holy Ghost who is no lesse the true Olive then Christ is the true Vine yet not the oyle of saving grace as some Fantasticks say but holy 1. From the Author God 2. From influence in the person it maketh the Person of the King sacred 3. From influence on his charge his function and power is sacred Ans. 1. The Prelate said before Davids anoynting was extraordinary here he draweth this anoynting to all Kings 2. Let David be formally both constituted and designed King divers yeares before the States made him King at Hebron and then 1. Saul was not King the Prelate will tearme that treason 2. This was a dry oyle David his person was not made sacred nor his authority sacred by it for he remained a private man and called Saul his King his Master and himselfe a subject 3. This oyle was no doubt Gods Oyle and the Prelate will have it the Holy Ghosts yet he denieth that saving grace yea p. 2. c. 1 he denyeth that any supernaturall gift should be the foundation of Royall dignity and that it is a pernitious tenent So to me he would have the Oyle from Heaven and not from Heaven 4. This holy oyle wherewith David was annointed Psalme 89.20 to Augustine is the oyle of saving grace His own deare brethren the Papists say so and especially Lyranus Glossa ordinaria Hugo Cardinal his beloved Bellarmine and Lorinus Calvin Musculus Marlorat If these be Fanaticks as I think they are to the Prelate yet the Text is evident that this oyle of God was the oyle of saving gtace bestowed on David as on a speciall type of Christ who received the spirit above measure and was the anointed of God Ps. 45.7 whereby all his garments smell of myrrhe aloes and cassia ver 8. and his name Messiah is as an oyntment powred out Cant. 1. 2. This anointed shall be head of his enemies 3. His dominion shall be from the sea to the rivers v. 25. 4. He is in the covenant of grace v. 26. 5. He is higher then the Kings of the earth 6. The grace of perseverance is promised to his seed v. 28 29 30. 7. His kingdome is eternall as the dayes of Heaven vers 35 36. 8. If the Prelate will looke under himselfe to Diodatus and Ainsworth they say this holy oyle was powred on David by Samuel and on Christ was powred the Holy Ghost and that by warrant of Scripture and Junius and Mollerus saith with them Now the Prelate taketh the Court way to powre this oyle of grace on many drie Princes who without all doubt are Kings essentially no lesse then David He must see better then the man who finding Pontius Pilate in the Creed said he behoved to be a good man so because he hath found Nero the tyrant Julian the apostate Nebuchadnezzar Evil-Merodach Hazael Hagag all the Kings of Spaine and I doubt not the Great Turke in the 89 Psalm v. 19 20. so all these Kings are anointed with the oyle of grace and all these must make their enemies necks their footstoole all these be higher then the Kings of the Earth and are hard and fast in the covenant of grace c. P. Prelate All the royall ensignes and acts of Kings are ascribed to God The Crown is of God Esa. 62.3 Psal. 21.3 in the Emperours coyne was an hand putting a crowne on their head the Heathen said they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as holding their Crownes from God Psal. 18.39 Thou hast girt me with strength the sword is the embleme of strength unto battell See Iud. 7.17 their scepter Gods scepter Exod. 4.20 17 9. we read of two rods Moses and Aarons Aarons rod budded God made both the rods Their judgement is the Lords 2 Chron. 19.6 their throne is Gods 1 Chron. 19.21 The Fathers called them sacra vestigia sacra majestas their commandements Divalis jussio The Law saith all their goods are res sacrae Ergo our new Statists disgrace Kings if they blaspheme not God in making them the derivatives of the people the basest extract of the basest of irrationall creatures the Multitude the Communaltie Answ. This is all one Argument from the Prelates beginning of his booke to the end In a most speciall and eminent act of Gods providence Kings are from God but therefore they are not from men and mens consent It followeth not From a most speciall and eminent act of Gods providence Christ came into the world and tooke on him our nature ergo he came not of Davids l oynes It is a vaine consequencâ— There could not be a more eminent act then this Psal. 40. A body thou hast given me Ergo he came not of Davids house and from Adam by naturall generation and was not a man like us in all things except sinne It is tyrannicall and domineering Logick Many things are ascribed to God only by reason of a speciall and admirable act of providence as the saving of the world by Christ the giving of Canaan to Israel the bringing hâ—s people out of Egypt and from Chaldea the sending of the Gospel to both Iew Gentile c. But shall we say that God did none of these things by the ministerie of men and weake and fraile men 2. How proveth the Prelate that all royall ensignes are ascribed to God because Esa. 62. the Church universall shall be as a crown of glorie and a royall diadem in the hand of the Lord ergo baculus in angulo the Church shall be as a seale on the heart of Christ. what then Hieronymus Procopius Cyrillus with good reason render the meaning thus Thou O Zion and Church shalt be to me a royall Priesthood and a holy people For that he speaketh of his owne Kingdome and Church is most evident v. 1.2 For Zions sake I will not hold my peace c. 3. God put a crown of pure gold on Davids head Psal. 21.3 therefore Iulian Nero and no elective Kings are made and designed to be Kings by the people He shall never prove this consequence The Chaldee
paraphrase applyeth it to the reigne of King Messiah Diodatus he speaketh of the kingdome of Christ. Ainsworth maketh this crowne a signe of Christs victorie Athanasius Eusebius Origen Augustine Dydimus expound it of Christ and his kingdome The Prelate extendeth it to all Kings as the blasphemous Rabbines especially Ra. Salomon deny that he speaketh of Christ here but what more reason is there to expound this of the crownes of all Kings given by God I deny not to Nero Julian c. then to expound the foregoing and following verses as applyed to all Kings Did Julian rejoyce in Gods salvation did God grant Nero his hearts desire did God grant as it is v. 4. life eternall to Heathen Kings as Kings which words all Interpreters expound of the eternitie of Davids throne till Christ come and of victorie and life eternall purchased by Christ as Ainsworth with good reason expounds it And what though God give David a Crown ergo not by second causes and by bowing all Israels heart to come in sinceritie to Hebron to make David King 1 King 12.38 God gave corne and wine to Israel Hos. 2. shall the Prelate and the Anabaptist inferre Ergo he giveth it not by plowing sowing and the art of the husbahd-man 3. The Heathen acknowledged a Divinitie in Kings but he is blind who readeth them and seeth not in their writings that they teach that the people maketh Kings 4. God girt David with strength while he was a private man and persecuted by Saul and fought with Goliah as the title of the same beareth and he made him a valiant man of warre to breake bowes of steele ergo he giveth the sword to Kings as Kings and they receive no sword from the people This is poore Logick 5. The P. Prelate sendeth us Judg. 7.17 to the singular and extraordinarie power of God with Gideon and I say that same power behoved to be in Oreb and Zeba v. 27. for they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princes and such as the Prelate from Pro. 8.15 saith have no royall power from the people 6. Moses and Aaron their two rods were miraculous This will prove that Priests are also Gods and their persons srcred I see not except the Prelate would be at woâ—shâ—pping of Reliques what more royall Divinitie is in Moses his rod because he wrought miracles by his rod then there is in Elias his staffe in Peters napkin in Pauls shadow This is like the strong symbolicall Theologie of his fathers the Jesuites which is not argumentative except he say that Moses as King of Jesurum wrought miracles and why should not Nero Caligula Pharoah and all Kings rods then dry up the red sea and work miracles 7. We give all the stiles to Kings that the Fathers gave and yet we thinke not when David commandeth to kill Vriah and a King commandeth to murther his innocent subjects in England and Scotland that that is Divalis jussio the command of a God and that this is a good consequence What ever the King commandeth though it were to kill his loyallest Subjects is the commandement of God Ergo the King is not made King by the people 8. Ergo saith he these new Statists disgrace the King If a most New Statist sprung out of a poore pursevant of Kraill from the dunghill to the Court could have made himselfe an old Statist and more expert in state affaires then all the Nobles and soundest Lawyers in Scotland and England this might have more weight 9. Therefore the King saith P. P. is not the extract of the basest of rationall creatures He meaneth fex populi his owne house and linage but God calleth them his owne people a royall Priesthood a chosen generation and ps 78.71 will warrant us to say the people is much worthier before God then one man seeing God choose David for Iacob his people and Israel his inheritance that he might feede them Iohn P. P. his fathers suffrage in making a King will never be sought We make not the multitude but the three Estates including the Nobles and Gentry to be as rationall creatures as any Apostate Prelate in the three Kingdomes QUEST VII Whether or no the P. Prelate the aforesaid Author doth by force of reason evince that neither constitution nor designation of the King is from the people THe P. Prelate aymeth but it is an empty ayme to prove that the people are wholly excluded I answer only Arguments not pitched on before as the Prelate saith P. Prelate 1. To whom can it be more proper to give the rule over men then to him who is the onely King truely and properly of the whole world 2. God is the immediate Author of all rule and power that is amongst all his creatures above or below 3. Man before the fall received dominion and empire over all the creatures below immediatly as Gen. 1.28 Gen. 9.2 ergo we cannot deny that the most noble government to wit Monarchy must be immediatly from God without any Contract or compact of men Ans. The first reason concludeth not what is in question for God only giveth rule and power to one man over another ergo he giveth it immediatly it followeth not 2. It shall as well prove that God doth immediatly constitute all Iudges and therefore it shall be unlawfull for a city to appoint a Major or a shire a Iustice of peace 3. The second argument is inconsequent also because God in creation is the immediat Author of all things and therefore without consent of the creatures or any act of the creature created an Angell a nobler creature then man and a man then a woman and men above beasts because those that are not can exercise no act at all But it followeth not ergo all the workes of providence such as is the government of Kingdomes are done immediatly by God for in the workes of providence for the most part in ordinary God worketh by meanes it is then as good a consequence as this God immediatly created man ergo he keepeth his life immediatly also without foode and sleepe God immediatly created the Sunne ergo God immediatly without the mediation of the Sunne giveth light to the world The making of a King is an act of reason and God hath given a man reason to rule himselfe and therefore hath given to a society an instinct of reason to appoint a governour over themselves but no act of reason goeth before man be created ergo it is not in his power whether he be created a creature of greater power then a beast or no. 4. God by creation gave power to a man over the creatures and so immediatly but I hope a man cannot say God by creation hath made a man King over men 5. The Excellency of Monarchy if it be excellenter then any other government of which hereafter is no ground why it should be immediatly from God as well as mans dominion over the creature for then the worke
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
vulgar c. 3. Every action of Christ is our instruction Christ was truely a born King notwithstanding when the people would make him a King he disclaimed it he would not be an arbiter betwixt two brethren differing Answ. I am not to follow the Prelates order every way though God willing I shall reach him in the fore-going Chapters Nor purpose I to answer his treasonable railing against his own Nation and the Iudges of the Land whom God hath set over this seditious excommunicated Apostate He layeth to us frequently the Iesuites Tenets when as he is known himself to be a Papist In this Argument he saith Abimelech did reigne onely three yeers well neer Anti-Christs reign Is not this the basis and the mother principle of Popery That the Pope is not the Antichrist for the Pope hath continued many ages 1. He is not an individuall man but a race of men but the Antichrist saith Belarmine Stapleton Becanus and the nation of Iesuites and Poplings shall be one inviduall man a born Iew and shall reign onely three yeers and a half But 1. The Argument from successe proveth nothing except the Prelate prove their bad successe to be from this because they were chosen of the people When as Saul chosen of God and most of the Kings of Israel and Judah who undeniably had Gods calling to the Crown were not blessed of God and their Government was a ruine to 〈◊〉 people and Religion as the people were removed to all the Kingdoms of the earth for the sins of Manasseh Iere. 15.4 Was therefore Manasseh not lawfully called to the Crown 2. For his instance of Kings unlawfully called to the Crown he bringeth us whole two and telleth us that he doubteth as many learned men do Whether Ieroboam was a King by permission onely or by a commission from God 3. Abimelech was cursed because he wanted Gods calling to the throne for then Israel had no King but Iudges extraordinarily raised up by God and God did not raise him at all only he came to the throne by blood and carnall reasons moving the men of Sechem to advance him The Argument presupposeth that the whole lawfull calling of a King is the voices of the people This we never taught though the Prelate make conquest a just title to a Crown and it is but a title of blood and rapine 4. Abimelech was not the first King but onely a Iudge all our Divines with the Word of God maketh Saul the first King 5. For Ieroboam he had Gods Word and Promise to be King 1 King 11.34 35 37 38. But in my weak judgement he waited not Gods time and way of coming to the Crown but that his coming to the throne was unlawfull because he came by the peoples election is in question 5. That the peoples Reformation and their making a new King was like the Kingdom of Scotlands Reformation and the Parliament of Englands way now is a traiterous calumny For 1. It condemneth the King who hath in Parliament declared all their proceedings to be legall Rehoboam never declared Ieroboams Coronation to be lawfull but contrary to Gods Word made war against Israel 2. It is false that Israel pretended Religion in that change the cause was the rough answer given to the supplication of the Estates complaining of their oppression they were under in Solomons reign 3. Religion is still subjected to policie by Prelates and Caveliers not by us in Scotland who sought nothing but Reformation of Religion of Laws so far as they serve Religion as our Supplications Declarations and the event proveth 4. We have no new Calves new Altars new Feasts but professe and really do hazard life and estate to put away the Prelates Calves Images Tree-worship Altar-worship Saints Feast-dayes Idolatry Masses and nothing is said here but Jesuites and Cananites and Baalites might say though falsly against the Reformation of Iosiah Trueth and purity of worship this yeer is new in relation to Idolatry the last yeer but it is simpliciter older 5. We have not put away the Lords Priests and Levites and taken in the scum of the vulgar but have put away Baals Priests such as excommunicated Prelate Maxwel and other Apostates and resumed the faithfull servants of God who were deprived and banished for standing to the Protestant Faith sworn too by the Prelates themselves 6. Every action of Christ such as his walking on the Sea is not our instruction in that sense that Christs refusing a Kingdom is directly our instruction And did Christ refuse to be a King because the people would have made him a King that is non causa pro causa he refused it because his Kingdom was not in this world and he came to suffer for men not to reign over man 7. The Prelate and others who were Lords of Session and would be Iudges of mens Inheritances and would usurpe the sword by being Lords of Counsell and Parliament have refused to be instructed by every Action of Christ who would not judge betwixt brother and brother P. Prelate Jephtah came to be a Iudge by Covenant betwixt him and the Gileadites here you have an interposed Act of man yet the Lord himself in authorizing him as Iudge vindicateth it no lesse to himself then when extraordinarily he authorized Gideon and Samuel 1 Sam. 12.11 Ergo whatsoever act of man interveeneth it contributeth nothing to Royall Authority it cannot weaken or repeal it Answ. It was as extraordinary that Jepthah a bastard and the sonne of an harlot should be Iudge as that Gideon should be Iudge God vindicateth to himselfe that he giveth his people favour in the eyes of their enemies but doth it follow that the enemies are not agents and to be commended for their humanitie in favouring the people of God So Psal. 65.9 10. God maketh corne to grow therefore clouds and earth and sun and summer and husbandry contributeth nothing to the growing of corne But this is but that which he said before We grant that this is an eminent and singular act of Gods speciall providence that he moveth and boweth the wills of a great multitude to promote such a man who by nature commeth no more out of the wombe a crowned King then the poorest shepherd in the land and it is an act of grace to endue him with heroick and royall parts for the government But what is all this doth it exclude the peoples consent in no wayes So the works of supernaturall grace as to love Christ above all things to beleeve in Christ in a singular manner are ascribed to the rich grace of God but can the Prelate say that the understanding and will in these acts are meere patients and contribute no more then the people contributeth to Royall authority in the King and that is just nothing by the Prelates way And we utterly deny that as water in baptisme hath no action at all in the working of remission of sinnes so the people
promulgated is their approbation and maketh them obligatory Lawes to them but if the people speak against unjust Lawes they are not Lawes at all and Buchannan knew the power of the Scottish Parliament better then this ignorant Statist 2. There is not like reason to grant so much to the King as to Parliaments because certainly Parliaments who make Kings under God or above any one man and they must have more authority and wisedome then any one King except Solomon as base flatterers say should returne to the thrones of the earth And as the power to make just Lawes is all in the Parliament only the people have power to resist tyrannicall Lawes the power of all the Parliament was never given to the King by God the Parliament are as essentially Iudges as the King and therefore the Kings deed may well be revoked because he acteth nothing as King but united with his great or lesser Councell no more then the eye can see being separated from the body The Peeres and Members of Parliament have more then the King because they have both their owne power being parts and speciall Members of the people and also they have their high places in Parliament either from the peoples expresse or tacite consent 3. We allow no Arbitrary power to the Parliament because their just Lawes are irrevocable for the irrevocable power of making just Lawes doth argue a legall not an irreovocable Arbitrary power nor is there any arbitrary power in the people or in any mortall man but of the Covenant betwixt King and people hereafter P. Prelate If Soveraigne power be habitually in the community so as they may resume it at their pleasure then nothing is given to the King but an empty title for at the same instant he receiveth Empire and Soveraignty and layeth downe the power to rule or determine in matters which concerne either private or publick good and so he is both a King and a Subject Ans. This naked consequence the Prelate sayeth and proveth not and we deny it and give this reason the King receiveth Royall power with the States to make good Lawes and 2. power by his royalty to execute those Lawes and this power the community hath devolved in the hands of the King and States of Parliament but the community keepeth to themselves a power to resist tyranny and to coerce it and â—atenus in so far is Saul subject that David is not to compeare before him nor to lay downe Goliahes sword nor disband his Army of defence though the King should command him so to doe P. Prelate By all Polititians Kings and enferiour Magistrates are differenced by their different specifice entity but by this they are not differenced nay a Magistrate is in a better condition then a King for the Magistrate is to judge by a knowne Statute and Law and cannot be censured and punished but by Law But the King is censurable yea disabled by the multitude yea the basest of subjects may cite and convent the King before the underived Majesty of the community and he may be judged by the Arbitrary Law thâ—t is in the closet of their heart not only for reall misdemeanour but for fancied jealousies It will be said good Kings are in no danger the contrary appeareth this day and ordinarily the best are in greatest danger no Government except Plato'es Republick wanteth incommodities subtile spirits may make them apprehend them The poore people bewitched follow Absolom in his treason they strike not at Royalty at first but labour to make the Prince naked of the good counsell of great Statesmen c. Ans. Whether the King and the under Magistrate differ essentially we shall see The P. Prelate saith all Polititians grant it but he saith untruth he bringeth Moses and the Iudges their power to prove the power of Kings and so either the Iudges of Israel and the Kings differ not essentially or then the Prelate must correct the spirit of God tearming one booke of Scripture 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings and another 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iudges and make the booke of Kings the booke of Iudges 2. The Magistrates condition is not better then the Kings because the Magistrate is to judge by an knowne Statute and Law and the King not so God moulded the first King Deut. 17.18 when he sitteth judging on his Throne to looke to a written Coppy of the Law of God as his rule Now a power to follow Gods Law is better then a power to follow mans sinfull will so the Prelate putteth the King in a worse condition then the Magistrate not we who will have the King to judge according to just statutes and lawes 3. Whether the King be censurable and deposable by the multitude he cannot determine out of our writings 4. The communities law is the law of nature not their arbitrary lust 5. The Prelates treasonable raylings I cannot follow he first saith that we agree not ten of us to a positive faith and that our faith is negative but his faith is Privative Popish Socinian Arminian Pelagian and worse for he was once of that same faith that we are of 2. Our Confession of Faith is positive as the confession of all the reformed Churches but I judge he thinketh the Protestant Faith of all the reformed Churches but negative 3. The incommodities of Government before our reformation were not fancied but printed by Authority all the body of Popery was printed and 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 Barclaius also 1. but the same Barclaius saith Si Rex regnum suum alienae 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
government all humane societies should be dissolved and goe to ruine Then government must be naturall and not depend upon a voluntary arbitrary constitution of men In nature the liveles creatures inferior give a tacit consent silent obedience to their superiour and the superiour have a powerfull influence on the inferiour In the subordination of creatures we ascend from one superior to another till at last we come to one supreme which by the way pleadeth for the excellencie of Monarchie Amongst Angels there is an order how can it then be supposed that God hath left it to the simple consent of man to establish a heraldrie of sub supra of one above another which neither nature nor the Gospel doth warrant To leave it thus arbitrary that upon this supposed principle Mankind may be without government at all is vain which paradox cannot be maintained In nature God hath established a superiority inherent in superior creatures which is no ways derived from the inferior by communication in what proportion it will and resumeable upon such exigents as the inferior listeth therefore neither hath God left to the multitude the communitie the collective the representative or virtuall body to derive from it selfe and communicate soveraigntie whether in one or few or more in that measure and proportion pleaseth them which they resume at pleasure Answ. 1. To answer Spalato No societie hath liberty to be without all government for God hath given to every societie saith Covarruvias a faculty of preserving themselves and warding off violence and injuries and this they could not doe except they gave their power to one or many Rulers But all that the Prelate buildeth on this false supposition which is his fiction and calumnie not our doctrine to wit that it is voluntary to man to be without all government because it is voluntarie to them to give away their power to one or moe Rulers is a meere non-consequence 1. We teach that Government is naturall not voluntary but the way and manner of Government is voluntarie All societies should be quickly ruined if there were no Government but it followeth not therefore God hath made some Kings and that immediately without the interveening consent of the people and ergo it is not arbitrary to the people to choose one supreme Ruler and to erect a Monarchie or to choose moe Rulers and to erect an Aristocracie It followeth no way It is naturall to men to expresse their minde by humane voyces Is not speaking of this or that language Greeke rather then Latine as Aristotle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by humane institution It is naturall for men to eat ergo election of this or that meat is not in their choise What reason is in this consequence and so it s a poore consequence also Power of Soveraigntie is in the people naturally ergo it is not in their power to give it out in that measure that pleaseth them and to resume it at pleasure It followeth no way Because the inherencie of Soveraigntie is naturall and not arbitary ergo the alienation and giving out of the power to one not to three thus much not thus much conditionally not absolutely and irrevocably must be also arbitrary It is as if you should say a father having six children naturally loveth them all ergo he hath not freedome of will in expressing his affection to give so much of his goods to this sonne and that conditionally if he use these goods well and not more or lesse of his goods at his pleasure 2. There is a naturall subordination in nature in creatures superior and inferior without any freedome of election the earth made not the heavens more excellent then the earth and the earth by no freedome of will made the heavens superior in excellencie to it selfe Man gave no superioritie of excellencie to Angels above himselfe the Creator of all Beings did both immediately without freedome of election in the creature create the being of all creatures and their essentiall degrees of superiority and inferiority but God created not Saul by nature King over Israel nor is David by the act of creation by which he is made a man created also a King over Israel for then David should from the wombe and by nature be a King and not by Gods free gift Here both the free gift of God and the free consent of the people interveene indeed God made the office and royaltie of a King above the dignitie of the people but God by the interveening consent of the people maketh David a King not Eliah and the people maketh a covenant at Davids inauguration that David shall have so much power to wit power to be a Father not power to be a Tyrant power to fight for the people but no power to waste and destroy them The inferior creatures in nature give no power to the superiour and therefore they cannot give in such a proportion power The deniall of the positive degree is a deniall of the comparative and superlative and so they cannot resume any power But the designing of such a man or such men to be Kings or Rulers is a rationall voluntary action not an action of nature such as is Gods act of creating an Angell a nobler creature then a man and the creating of man a more excellent creature then a beast and for this cause the argument is vaine and foolish for inferior creatures are inferior to the more noble and superior by nature not by voluntary designation or as Royalists say by naked approbation which yet must be an arbitrary and voluntary action 3. The P. Prelate commendeth order while we come to the most supreme hence he commendeth Monarchie above all governments because it is Gods government I am not against it that Monarchie well tempered is the best government though the question to me is most problematick but because God is a Monarch who cannot erre or deny himselfe therefore that sinfull Man be a Monarch is miserable logick and he must argue solidly forsooth by this because there is order as he saith amongst Angels will he make a Monarch and a King-Angell His argument if it have any weight in it driveth at that even that there be crowned Kings amongst the Angels QUEST X. Whether or not Royall birth be equivalent to divine unction SYmmons holdeth that Birth is as good a title to the Crowne as any given of God How this question can be cleered I see not except we dispute tha◠Whether or not Kingdomes be proper patrimonies derived from the father to the sonne 2. I take there is a large difference betwixt a thing transmittable by birth from the father to the sonne and a thing not transmittable 3. I conceive as a person is chosen to be a King over a people so a familie or house may be chosen and a Kingdome at first choosing a person to be their King may also tye themselves to choose the first borne of his
no politicke power for consider them as men onely and not as associated they have indeed no politicke power but before Magistrates be established they may convene and associate themselves in a body and appoint Magistrates and this they cannot doe if they had no politicke power at all 4. They have virtually a power to lay on Commandements in that they have power to appoint to themselves Rulers who may lay commandements on others 5. A community hath not formally power to punish themselves for to punish is to inflict Malum disconveniens natura an evill contrary to nature but in appointing Rulers and in agreeing to Lawes they consent they shall be punished by another upon supposition of transgression as the child willingly going to schoole submitteth himself in that to Schoole-discipline if he shall faile against any Schoole Law and by all this t is cleare a King by election is principally a King Barclay then faileth who saith No man denyeth but succession to a Crowne by birth is agreeable to nature it is not against nature but it is no more naturall then for a Lyon to be borne a King of Lyons Obj. Most of the best Divines approve an hereditary Monarch rather then a Monarch by election Ans. So doe I in some cases in respect of Empire simply it is not better in respect of Empire now under mans fall in sin I grant it to be better in some respect So Sâ—lust In Ingurth Natura mortalium imperij avida Tacitus Hist. 2. Minore discrimine princeps sumitur quam queritu there 's lesse danger to accept of a Prince at hand then to seeke one a farre off 2. In a Kingdome to be constituted election is better in a constituted Kingdome birth seemeth lesse evill 3. In respect of liberty election is more convenient in respect of safety and peace birth is safer and the nearest way to the Well See Bodin De Rep. l. 6. c. 4. Thol ozan De Rep. l. 7. c. 4. QUEST XII Whether or not a Kingdome may lawfully be purchased by the sole title of conquest THe Prelate averreth confidently that a Title to a Kingdome by Conquest without the consent of the people is so just and evident by Scripture that it cannot be denyed but the man bringeth no Scripture to prove it Mr. Marshall saith a conquered Kingdome is but continuata injuria a continued robbery A right of conquest is twofold 1. When there is no just cause 2. When there is just reason and ground of the war in this latter case if a Prince subdue a whole Land which justly deserveth to dye yet by his grace who is so mild a conquerour they may be all preserved alive Now amongst those who have thus injured the conquerour as they deserve death we are to difference the persons offending and the wives children especially not borne and such as have not offended The former sort may resign their personall liberty to the conquerour that the sweet life may be saved but he cannot be their King properly but I conceive that they are obliged to consent that he be their King upon this condition that the conquerour put not upon them violent and tyrannicall conditions that are harder then death now in reason we cannot thinke that a tyrannous and unjust domineering can be Godâ— lawfull meane of translating Kingdomes and for the other part the conquerour cannot domineere as King over the innocent and especially the children not yet borne 1. Assertion A people may be by Gods speciall Commandement subject to a conquering Nebuchadnezer and a Caesar as to their King as was Iudah commanded by the Prophet Ieremiah to submit unto the yoake of the King of Babylon and to pray for him and the people of the Iewes were to give to Caesar the things of Caesar and yet both those were unjust conquerours for those Tyrants had no command of God to oppresse and raigne over the Lords people yet were they to obey those Kings so the passive subjection was just and commanded of God and the active unjust and tyranous and forbidden of God 2. Assert This title by conquest through the peoples after consent may be turned into a just title as it s like the case was with the Iewes in Caesars time for which cause our Saviour commanded to obey Caesar and to pay tribute unto him as Dr. Ferne confesseth But two things are to be condemned in the Doctor 1. That God manifesteth his Will to us in this worke of providence whereby he translateth Kingdomes 2. That this is an over-awed consent now to the former I reply if the act of conquering be violent and unjust it is no manifestation of Gods regulating and approving Will and can no more prove a just title to a Crowne because it is an act of Divine providence then Pilate and Herod their crucifying of the Lord of Glory which was an act of Divine providence flowing from the Will and Decree of Divine providence Act. 2.23 Act. 4.28 is a manifestation that it was Gods approving Will that they should kill Jesus Christ. 2. Though the consent be some way over-awed yet is it a sort of Contract and Covenant of loyall subjection made to the conquerour and therefore sufficent to make the title just otherwise if the people never give their consent the conquerour domineering over them by violence hath no just title to the Crowne 3. Assert Meere conquest by the sword without the consent of the people is no just title to the Crowne 1. Because the lawfull title that Gods Word holdeth forth to us beside the Lords choosing and calling of a man to the Crowne is the peoples election Deut. 17.15 all that had any lawfull calling to the Crowne in Gods Word as Saul David Solomon c. were called by the people and the first lawfull calling is to us a rule and paterne to all lawfull callings 2. A King as a King and by vertue of his Royall Office is the Father of the Kingdome a Tutor a Defender Protector a Shield a Leader a Shepheard an Husband a Patron a Watchman a Keeper of the people over which he is King and so the Office essentially includeth acts of fatherly affection care love and kindnesse to those over whom he is set so as he who is cloathed with all these relations of love to the people cannot exercise those officiall Acts on a people against their will and by meere violence Can he be a Father and a Guide a Patron to us against our will and by the sole power of the bloudy sword a benefit conferred upon any against their will is no benefit Will he by the awsome dominion of the sword be our father and we unwilling to be his sonnes an head over such as will not be menbers will he guide me as a Father an Husband against my will he cannot come by meere violence to be a Patron a Shield and a defender of me through violence
3. It is not to be thought that that is Gods just Title to a Crowne which hath nothing in it of the essence of a King but a violent and bloody purchase which is in its prevalency in an oppressing Nymrod and the cruellest tyrant that is hath nothing essentiall to that which constituteth a King for it hath nothing of Heroick and Royall wisedome and gifts to governe and nothing of Gods approving and regulating will which must be manifested to any who would be a King but by the contrary cruelty hath rather basenesse and witlesse fury and a plaine reluctancy with Gods revealing Will which forbideth murther Gods Law should say Murther thou and prosper and raigne and by the act of violating the sixt Commandement God should declare his approving Will to wit his lawfull call to a Throne 4. There be none under a Law of God who may resist a lawfull call to a lawfull Office but men may resist any impulsion of God stirring them up to murther the maniest and strongest and cheife men of a Kingdome that they may raigne over the fewest the weakest and the young and lowest of the people against their will therefore this call by the sword is not lawfull If it be said that the Divine impulsion stirring up a man to make a bloody conquest that the ire and just indignation of God in Iustice may be declared on a wicked Nation is an extraordinary impulsion of God who is above a Law and therefore no man may resist it Ans. then all bloody Conquerors must have some extraordinary revelation from Heaven to warrant their yeelding of obedience to such an extraordinary impulsion And if it be so They must shew a lawfull and immediate extraordinary impulsion now but it is certaine the sinnes of the people conquered and their most equall and just demerit before God cannot be a just plea to legitimate the Conquest for though the people of God deserved vastation and captivitie by the Heathen in regard of their sinnes before the throne of Divine Iustice yet the Heathen grievously sinned in conquering them Zach. 1.15 And I am very sore displeased with the Heathen that are at ease for I was but a little displeased and they helped forward the affliction So though Iudah deserved to be made captives and a conquered people because of their idolatry and other sinnes as Ieremiah had prophecied yet God was highly displeased at Babylon for their unjust and bloody Conquest Jer. 50.17 18 33 34. c. 51.35 The violence done to me and to my flesh be upon Babylon shall the inhabitants of Zion say and my blood upon the inhabitants of Chaldea shall Jerusalem say And that any other extraordinary impulsion to be as lawfull a call to the Throne as the peoples free election we know not from Gods word and we have but the naked word of our Adversaries that William the Conquerour without the peoples consent made himselfe by blood the lawfull King of England and also of all their posteritie And that King Fergus conquered Scotland 5. A King is a speciall gift of God given to feed and defend the people of God that they may lead a godly and peaceable life under him Psal. 78. v. 71 72. 1 Tim. 2.2 as it is a judgement of God that Israel is without a King for many dayes Hos. 3.4 and that there is no Iudge no King to put evill doers to shame Iudg. 19.1 but if a King be given of God as a King by the acts of a bloody Conquest to be avenged on the sinfull land over which he is made a King he cannot be given actu primo as a speciall gift and blessing of God to feed but to murther and to destroy for the genuine end of a Conqueror as a Conqueror is not peace but fire and sword If God change his heart to be of a bloody Vastator a father Prince and feeder of the people ex officio now he is not a violent Conquerour and he came to that meeknes by contraries which is the proper worke of the omnipotent God and not proper to man who as he cannot worke miracles so neither can he lawfully worke by contraries and so if Conquest be a lawfull title to a Crown and an ordinary calling as the opponents presume every bloody Conquerour must be changed into a loving father Prince and feeder and if God call him none should oppose him but the whole Land should dethrone their own native Soveraigne whom they are obliged before the Lord to defend and submit to the bloody invasion of a strange Lord presumed to be a just Conqueror as if he were lawfully called to the Throne both by birth and the voyces of the people And truly they deserve no wages who thus defend the Kings Prerogative royall for if the sword be a lawfull title to the crown suppose the two Generals of both Kingdomes should conquer the most and the chiefest of the Kingdome now when they have so many forces in the field by this wicked reason the one should have a lawfull call of God to be King of England and the other to be King of Scotland which is absurd 6. Either conquest as conquest is a just title to the crown or as a just conquest If as Conquest then all conquests are just titles to a Crown then the Ammonites Zidonians Canaanites Edomites c. subduing Gods people for a time have just title to reigne over them and if Absolom had been stronger then David he had then had the just title to be the Lords Anointed and King of Israel not David and so strength actually prevailing should be Gods lawfull call to a Crown But strength as strength victorious is not law nor reason it were then reason that Herod behead John Baptist and the Roman Emperors kill the witnesses of Christ Iesus If Conquest as just be the title and lawfull claime before Gods court to a Crown then certainly a stronger King for pregnant nationall injuries may lawfully subdue and reigne over an innocent posteritie not yet borne But what word of God can 1. warrant a posteritie not borne and so accessarie to no offence against the Conquerour but only sin originall to be under a Conquerour against their will and who hath no right to reigne over them but the bloody sword for so Conquest as Conquest not as just maketh him King over the posterity But 2. the fathers may ingage the posterity by an oath to surrender themselvos as loyall subjects to the man who justly and deservedly made the fathers vassals by the title of the sword of justice I answer the fathers may indeed dispose of the inheritance of their children because that inheritance belongeth to the father as well ar to the sonne but because the liberty of the sonne being borne with the sonne all men being borne free from all Civill subjection the father hath no more power to resigne the libertie of his children then their lives and the
father as a father hath not power of the life of his child as a Magistrate he may have power and as something more then a father he may have power of life and death I heare not what Grotius saith Those who are not borne have no accidents and so no rights Non entis nulla sunt accidentia then Children not borne have neither right nor liberty and so no injury may some say can be done to Children not borne though the fathers should give away their liberty to the conquerour those who are not capable of Law are not capable of injury contrary to Law Ans. There is a virtuall alienation of rights and lives of children not borne unlawfull because the children are not borne to say that children not borne are not capable of law and injuries virtuall which become reall in time might say Adam did not an injury to his posterity by his first sin which is contrary to Gods Word so those who vowed yearely to give seven innocent children to the Minotaure to be devoured and to kill their children not borne to bloody Molech did no acts of bloody injury to their children nor can any say then that fathers cannot tye themselves and their posterity to a King by succession but I say To be tyed to a lawfull King is no making away of liberty but a resigning of a power to be justly governed protected and awed from active and passive violence 7. No lawfull King may be dethroned nor lawfull Kingdome dissolved but Law and reason both saith Quod vi partum est imperium vi dissolvi potest Every conquest made by violence may be dissolved by violence Censetur enim ipsa natura jus dare ad id omne sine quo obtineri non potest quod ipsa imperat It is objected that the people of God by their sword conquered seven nations of the Canaanites David conquered the Ammonites for the disgrace done to his Embassadours So God gave Egypt to Nebuchadnezar for his hire in his service done against Iudah had David no right over the Ammonites and Moabites but by expecting their consentâ— yee will say A right to their lands goods and lives but not to challenge their morall subjection well we doubt not but such conquerours will challenge and obtain their morall consent but if the people refuse their consent is there no way for providence giveth no right So D. Ferne so Arnisaeus Ans. A facto ad jus non valeâ— consequentia God to whom belongeth the world and the fulnesse thereof disponed to Abraham and his seed the Land of Canaan for their inheritance and ordained that they should use their bow and their sword for the actuall possession thereof and the like divine right had David to the Edomites and Ammonites though the occasion of Davids taking possession of these Kingdoms by his sword did arise from particular and occasionall exigences and injuries but it followeth in no sort That therefore Kings now wanting any word of promise and so of divine right to any Lands may ascend to the Throns of other Kingdoms then their own by no better title then the bloody sword That Gods will was the chief patent here is clear in that God forbad his people to conquer Edom or Esau's possession when as he gave them command to conquer the Ammorites I doubt not to say if Joshua and David had had no better title then their bloody sword though provoked by injuries they could have had no right to any kingly power over these Kingdoms and if onely successe by the sword be a right of providence it is no right of precept Gods providence as providence without precept or promise can conclude a thing is done or may be done but cannot conclude a thing is lawfully and warrantably done else you might say the selling of Joseph the crucifying of Christ the spoiling of Job were lawfully done 2. Though Conquerors extort consent and oath of Loyaltie yet that maketh not over a Royall right to the Conquerour to be King over their posterity without their consent 3. Though the Children of Ammon did a high injury to David yet no injury can be recompensed in justice with the pressure of the constrained subjection of Loyaltie to a violent Lord if David had not had an higher warrant from God then an injury done to his messengers he could not have conquered them But 1. the Ammonites were the declared enemies of the Church of God and raised forces against David when they themselves were the injurer's and offenders and if Davids Conquest will prove a lawfull title by the sword to all Conquerours then may all Conquerours lawfully do to the conquered people as David did that is they may put them under saws and under harrows of iron and under axes of iron and cause them passe through the Brick-kilne But I beseech you will Royalists say that Conquerours who make themselves Kings by their sword and so make themselves fathers heads defenders and feeders of the people may use the extreamest Tyranny in the world such as David used against the children of Ammon which he could not have done by the naked title of sword-conquest if God had not laid a Commandment of an higher nature on him to serve Gods enemies so I shall then say if a conquering King be a lawfull King because a Conquerour then hath God made such a lawfull King both a father because a King and a Tyrant and cruell and lyon-hearted oppressour of these whom he hath conquered for God hath given him Royall power by this example to put these to whom he is a father and defender by office to torment and also to be a torturer of them by office by bringing their backs under such Instruments of crueltie as saws and harrows of iron and axes of iron QUEST XIII Whether or no Royall dignitie have its spring from nature and how that is true every man is born free and how servitude is contrary to nature I Conceive it to be evident that Royall dignity is not immediately and without the intervention of the peoples consent given by God to any one person 2. That conquest and violence is no just title to a Crown Now the question is If Royalty flow from nature if Royalty be not a thing meerly naturall neither can subjection to Royall power be meerly naturall but the former is rather civill then naturall and the question of the same nature is Whether subjection or servitude be naturall I conceive that there be divers subjections to these that are above us some way naturall and therefore I rank them in order thus 1. There is a subjection in respect of naturall being as the effect to the cause so though Adam had never sinned this morality of the fifth command should have stood in vigour that the son by nature without any positive Law should have been subject to the father because from him he hath his being as from a second cause But I much
suffrages of a community and cannot be a King to one only and he is the politique head of a civill Corporation 7. A father so long as his children liveth can never leave off to be a father though he were mad and furious though he be the most wicked man on earth Qui genuit filium non potest non genuisse filium what is once past cannot by any power be not passed a father is a father for ever But by confession of Royalists as Barclay Hug. Grotius and Arnisaeus and others grant if a King sell his subjects by sea or land to other nations if he turne a furious Nero he may be dethroned and the power that created the King under such expresse conditions as if the King violate them by his owne consent he shall be put from the Throne may cease to be a King and if a stronger King conquer a King and his subjects Royalists say the conquerour is a lawfull King and so the conquered King must also lawfully come downe from his Throne and turne a lawfull captive sitting in the dust 8. Learned Polititians as Bartholomeus Romulus Defens part 1. num 153. Ioannes de Anania in c. fin de his qui fil occid teach that the father is not obliged to reveale the conspiracy of his son against his Prince nor is he more to accuse his son then to accuse himselfe because the father loveth the sonne better then himselfe D. Listi quidem Sect. Fin. quod met caus D. L. fin c. de cura furiosi and certainly a father had rather dye in his own person as choose to dye in his sonnes in whom he affecteth a sort of immortality In specie quando non potest in individuo but a King doth not love his subjects with a naturall or fatherly love thus and if the affections differ the power which secondeth the affection for the conservation either of being or well being must also differ proportionally The P. Prelate objecteth against us thus stealing word by word from Arnisaeus When a King is elected Soveraigne to a multitude he is surrogated in the place of a common father Exod. 20.5 Honour thy father then as a naturall father receiveth not Paternall right power or authority from his sonnes but hath this from God and the ordinance of nature nor can the King have his right from the community 2. The maxime of the Law is Surrogatus gaudet privilegiis ejus cui surrogatur qui succedit in locum succedit in jus The person surrogated hath all the Priviledges that he hath in whose place he succeedeth he who succeedeth to the place succeedeth to the right the adopted sonne or the bastard who is legittimated and commeth in the place of the lawfull borne sonne commeth also in the priviledges of the lawfull borne sonne a Prince elected commeth to the full possession of the Majesty of a naturall Prince and Father for Modus acquirendi non tollit naturale jus possidendi saith Arnisaeus more fully then the poore Plagiarius the manner of acquiring any thing taketh not away the naturall possession for how ever things be acquired if the title be just possession is the Law of Nations then when the King is chosen in place of the father as the father hath a divine right by nature so must the King have that same and seeing the right proprietor saith the Pamphleting Prelate had his right by God by nature how can it be but howsoever the designation of the person is from the disordered community yet the collation of the power is from God immediatly and from his sacred and inviolable ordinance And what can be said against the way by which any one elected obtained his right for seeing God doth not now send Samuells or Elisha's to anoynt or declare Kings we are in his ordinary providence to conceive the designation of the person is the manifestation of Gods Will called Voluntas signi as the Schooles speake just so as when the Church designeth one to sacred orders Ans. 1. He that is surrogated in the place of another due to him by a positive Law of man he hath Law to all the priviledges that he hath in whose place he is surrogated that is true He who is made Assignee to an Obligation for a summe of money hath all the rights that the principall party to whom the Bond or Obligation was made he who commeth in the place of a Major of a City of a Captaine in an Army of a Pilot in a ship of a Pope hath all the priviledges and Rights that his predecessors had by Law Jus succedit juri persona jure predita personae jure preditae So the Law so far as my reading can reach who professe my selfe a Divine but that he who succeedeth to the place of a father by nature should injoy all the naturall Rights and Priviledges of the person to whom he succeedeth I beleeve the Law never dreamed it for then the adopted sonne comming in place of the naturall sonne hath right to the naturall affection of the father if any should adopt Maxwell the Prelate should he love him as the Pursevant of Craile Maxwell his father loved him I conceive not hath the adopted sonne his life his being the figure bodily the manners of the sonne in whose place he is adopted or doth he naturally resemble the father as the naturall sonne doth The Prelate did not read this Law in any approved Iurist though he did steale the argument from Arnisaeus and stole the citations of Homer and Aristotle out of him with a little Metathesis A naturall sonne is not made a sonne by the consent of Parents but he is a sonne by generation so must the adopted sonne be adopted without the free consent and grace of the father adopting so here the King commeth in the place of a naturall father but I conceive the Law saith not that the elected King is a King without consent of the subjects as the naturall father is a father without consent of his sonnes 2. Nor is it a Law true as once a father alwaies a father so once an elected King alwaies a King though he sell his subjects being induced thereunto by wicked Counsellors 3. If the King have no priviledges but what the naturall father hath in whose place he commeth then as the naturall father in a free Kingdome hath not power of life and death over his sonnes neither hath the King power of life and death over his subjects this is no Law 4 This maxime should prove good if the King were essentially a father by generation and naturall propagation but he is onely a father Metaphorically and by a borrowed speech A father non generando sed politicò alendo tuendo regendo therefore an elected Prince commeth not in the full possession of all the naturall power and rights of a naturall father 2. The P. Prelate speaketh disgracefully of the Church of God calling it a disorderly community as if he
himselfe were borne of Kings where as God calleth the King their Shepheard and the people Gods stocke inheritance and people and they are not a disorderly body by nature but by sin in which sense the Prelate may call King Priest and people a company of Heires of Gods wrath except he be an Arminian still as once he was 3. If we are in ordinary providence now because we have not Samuels and Prophets to anoynt Kings to hold the designation of a person to be King to be the manifestation of Gods Will called voluntas signi is Treason for if Scotland and England should designe Maxwell in the place of King Charles our native Soveraigne an odious comparison Maxwell should be lawfull King for what is done by Gods Will called by our Divines they have it not from Schoolemen as the Prelate ignorantly saith his signified will which is our rule is done lawfully there can be no greater treason put in print then this QUEST XVI Whether or no a despotiticall and masterly dominion of men and things agree to the King because he is King I May here dispute whether the King be Lord having a masterly dominion both over men and things But I first discusse shortly his dominion over his subjects It is agreed on by Divines that servitude is a penall fruit of sinne and against nature Institut de jure personarum Sect. 1. F. de statu hominum l. libertas Because all men are borne by nature of equall condition 1 Assert The King hath no proper masterly or herile dominion over his subjects his dominion is rather fiduciary and ministeriall than masterly 1. Because Royall Empire is essentially to feed rule defend and to governe in Peace and Godlinesse 1 Tim. 2.2 as the father doth his children Ps. 78.71 He brought him to feed Iacob his people and Israel his inheritance Esa. 55.4 I gave him for a leader and commander to the people 2 Sam. 5.2 Thou shalt feed my people Israel 2 Sam. 5.2 1 Chron. 11.2 1 Chron. 17.6 And so it is for the good of the people and to bring those over whom he is a feeder and ruler to such a happy end and as saith Althusius polit c. 1. n. 13. and Marius Salomonius de princ c. 2. it is to take care of the good of those over whom the Ruler is set and conservare est rem illaesam servare to keep a thing safe But to be a Master and to have a masterly and herile power over slaves and servants is to make use of servants for the owners benefit not for the good of the slave L. 2 de leg L. Servus de servit expert Danae polit l. 1. Tolossan de Rep. l. 1. c. 1. n. 15 16. therefore are servants bought and sold as goods jure belli F. de statu hominum l. servorum 2. Not to be under Governors and Magistrates is a judgement of God Esa. 3.6 7. Esa. 3.1 Hos 3.4 Iudg. 19.1 2. But not to be under a master as slaves are is a blessing seeing freedome is a blessing of God Ioh. 8.33 Exod. 21.2 v. 26 27. Deut. 15.12 so he that killeth Goliah 1 Sam. 17.25 his fathers house shall be free in Israel Ier. 34.9 Act. 22.28 1 Cor. 9.19 Gal. 4.26.31 Therefore the power of a King cannot be an herile and masterly power for then to be under a Kingly power should both be a blessing and a curse and just punishment of sinne 3. Subjects are called the servants of the King 1 Sam. 15.2 2 Chron. 13.7 1 King 12.7 Exod. 10.1 2. Exod. 9.20 but they are not slaves because Deut. 17.20 they are his brethren That the Kings heart be not lifted up against his brethren And his sonnes Esa. 49.23 And the Lord gave his people a King as a blessing 1 King 10.9 Hos. 1.11 Esa. 1.26 Ier. 17.25 And brought them out of the house of bondage Exod. 20. v. 2. as out of a place of miserie And therefore to be the Kings servants in the places cited is some other thing then to be the Kings slaves 4. The Master might in some cases sell the servant for money yea for his own gain â—e might doe it Nehem. 5.8 Eccles. 2.7 1 King 2.32 Gen. 9.25 Gen. â—6 14 2 King 4.1 Gen. 20.14 and might give away his servants and the servants were the proper goods and riches of the master Eccles. 2.7 Gen. 30.43 Gen. 20.14 Job 1.3.15 But the King may not sell his Kingdome or Subjects or give them away for money or any other way for Royalists grant that King to be a Tyrant and worthy to be dethroned who shall sell his people for the King may not delapidate the rents of the Crown and give them away to the hurt and prejudice of his successors L. ult Sect. sed nostr C. Comment de lege l. peto 69. Sect. fratrem de lege 2. l. 32. ultimo D. T. and farre lesse can he lawfully sell men and give away a whole Kingdome to the hurt of his successours for that were to make merchandize of the living Temples of the Holy Ghost And Arnisaeus de authorit Princip c. 3. n. 7. saith Servitude is praeter naturam beside nature he might have said contrary to nature l. 5. de stat homin Sect. 2. Iust. de jur perso c. 3. Novel 89. but the subjection of subjects is so consonant to nature that it is seen in Bees and Cranes Therefore a dominion is defined a facultie of using of things to what uses you will Now a man hath not this way an absolute dominion over his beasts to dispose of them at his will for a good man hath mercy on the life of his beast Prov. 12.10 nor hath he dominion over his goods to use them as he will because he may not use them to the dammage of the Commonwealth he may not use them to the dishonour of God and so God and the Magistrate hath laid some bound on his dominion And because the King being made a King leaveth not off to be a reasonable creature he must be under a Law and so his will and lust cannot be the rule of his power and dominion but law and reason must regulate him Now if God had given to the King a dominion over men as reasonable creatures his power and dominion which by Royalists is conceived to be above Law should be a rule to men as reasonable men which would make men under Kings no better then bruit beasts for then should subjects exercise acts of reason not because good and honest but because their Prince commandeth them so to doe and if this cannot be said none can be at the disposing of Kings in politick acts liable to Royall government that way that the slave is in his actions under the dominion of his master The Prelate objecteth out of Spalato Arnisaeus and Hug. Grotius for in his booke there is not one line which is his own except his raylings 1. All government and
superioritie in Rulers is not primely and only for the Subjects good for some are by God and Nature appointed for the mutuall and inseperable good of the superiour and inferiour as in the government of husband and wife or father and sonne and in herili dominio in the government of a Lord and his servant the good and benefit of the servant is but secondary and consecutively intended it is not the principall end but the externall and adventitious as the gaine that commeth to a Physitian is not the proper and internall end of his art but followeth only from his practice of Medicine Ans. The Prelates logick tendeth to this some government tendeth to the mutuall good of the superior and inferior but Royall Government is some government ergo nothing followeth from a major proposition Ex particulari affirmante in prima figura Or of two particular propositions 2. If it be thus formed every maritall government and every government of the Lord and servant is for the mutuall good of the superiour and inferiour But Royall Government is such ergo c. the assumption is false and cannot be proved as I shall anon cleare 2. Obj. Solomon disposed of Cabul and gave it to Hiram ergo a conquered Kingdome is for the good of the conquerour especially Ans. Solomons speciall giving away some Titles to the King of Tyre being a speciall fact of a Prophet as well as a King cannot warrant the King of England to sell England to a forraine Prince because William made England his owne by conquest which also is a most false supposition and this he stole from Hugo Grotius who condemneth selling of Kingdomes 3 Object A man may render himselfe totally under the power of a Master without any conditions and why may not the body of a people doe the like even to have peace and safety surrender themselves fully to the power of a King A lord of great Mannours may admit no man to live in his Lands but upon a condition of a full surrender of him and his posterity to that lord Tacitus sheweth us it was so anciently amongst the Germans and the Campanians surrendered themselves fully to the Romans Answ. What compelled people may do to redeem their lives with losse of liberty is nothing to the point such a violent Conquerour who will be a father and a husband to a people against their will is not their lawfull King and that they may sell the liberty of their posteritie not yet born is utterly denied as unlawfull yea a violentated father to me is a father and not a father and the posteritie may vindicate their own liberty given away unjustly before they were born Qua omne regnum vi partum potest vi dissolvi Object 4. But saith Doct. Fern these which are ours and given away to another in which there redoundeth to God by donation a speciall interest as in things devoted to holy uses though after they be abused yet we cannot recall them Ergo If the people be once forced to give away their liberty they cannot recall it far lesse if they willingly resign it to their Prince Answ. This is not true when the power is given for the conservation of the Kingdom and is abused for the destruction thereof for a power to destruction was never given nor can it by rationall nature be given 2. Mortifications given to religious uses by a positive law may be recalled by a more divine and stronger law of nature such as is this I will have mercy and not sacrifice Suppose David of his own proper heritage had given the Shew-bread to the Priests yet when David and his men are famishing he may take it back from them against their will Suppose Christ man had bought the Corns and dedicated them to the Altar yet might he and his Disciples eat the Ears of Corn in their hunger The vessels of silver dedicated to the Church may be taken and bestowed on wounded Souldiers 2. A people free may not and ought not totally surrender their liberty to a Prince confiding on his goodnesse 1. Because liberty is a condition of nature that all men are born with and they are not to give it away no not to a King except in part and for the better that they may have peace and justice for it which is better for them hic nunc 2. If a people trusting in the goodnesse of their Prince inslave themselves to him and he shall after turn Tyrant a rash and temerarious surrender obligeth not Et ignorantia facit factum quasi involuntarium Ignorance maketh the fact some way unvoluntary for if the people had beleeved that a meek King would have turned a roaring Lyon they should not have resigned their liberty into his hand and therefore the surrender was tacitely conditionall to the King as meek or whom they beleeved to be meek and not to a tyrannous Lord and therefore when the contract is made for the utilitie of the one party the law saith their place is for after wits that men may change their minde and resume their liberty though if they had given away their liberty for money they cannot recall it and if violence made the surrender of liberty here is slavery and slaves taken in war so soon as they can escape and return to their own they are free D. Sect. item ea Justit de rerum divin l. nihil F. de capt l. 3. So the learned Ferdin Vasquez illustri l. 2. c. 82. n. 15. saith The bird that was taken and hath escaped is free nature in a forced people so soon as they can escape from a violent Conqueror maketh them a free people and si solo tempore saith Ferd. Vasquez l. 2. c. 82. n. 6. justificatur subjectio solo tempore facilius justificabitur liberatio Assert 20. All the Goods of the Subjects belongeth not to the King I presuppose that the division of Goods doth not necessarily slow from the law of nature for God made man before the fall Lord of the creatures indefinitely but what Goods be Peters and not Pauls we know not But supposing mans sin though the light of the Sun and Air be common to all and religious places be proper to none yet it is morally unpossible that there should not be a distinction of meum tuum mine and thine and the decalogue forbidding theft and coveting the wife of another man yet is she the wife of Peter not of Thomas by free election not by an act of natures law doth evidence to us that the division of things is so far forth men now being in the state of sin of the law of nature that it hath evident ground in the Law of nations and thus farre naturall that the heat that I have from my own coat and cloak and the nourishment from my own meat are physically incommunicable to any But I hasten to prove the Proposition If 1. I have leave to premit that in time
of a beast though he be obliged by a naturall obligation being a rationall Creature in regard of the law of nature L. naturaliter L. si id quod L. interdum F. de conà indebit cum aliis 2. The subject could not by Solomon be forbidden to be suretie for his friend as King Solomon doth counsell Prov. 6.1 2 3. he could not be condemned to bring on himself poverty by sluggishnesse as Prov. 6.6 7 8 9 10. nor were he to honour the Lord with his riches as Prov. 3.9 nor to keep his Covenant though to his losse Psal. 15.4 nor could he be mercifull and lend Psal. 37.26 nor had he power to borrow nor could he be guiltie in not paying all again Psal. 37.21 For subjects under a Monarch can neither perform a duty nor fail in a duty in the matter of Goods If all be the Kings what power or dominion hath the subject in disposing of his Princes Goods See more in Petr. Rebuffus tract congruae portionis num 225. pag. 109 110. Sed quoad dominium rerum c. QUEST XVII Whether or not the Prince have properly a fiduciarie and ministeriall power of a Tutor Husband Patron Minister head father of a family not of a Lord or dominator THat the power of the King is fiduciarie that is given to him immediatly by God in trust Royallists deny not but we hold that the trust is put upon the King by the people 2. We deny that the people give themselves to the King as a gift for what is freely given cannot be taken againe but they gave themselves to the King as a pawne and if the pawne be abused or not used in that manner as it was conditionated to be used the party in whose hand the pawne is intrusted faileth in his trust 1. Assertion The King is more properly a Tutor then a Father 1. Indigencie is the originall of Tutors the Parents dye what then shall become of the Orphan and his inheritance he cannot guide it himselfe therefore nature devised a Tutor to supply the place of a father and to governe the Tutor but with this consideration the father is Lord of the inheritance and if he be distressed may sell it that it shall never come to the sonne and the father for the bad deserving of his sonne may dis-inherite him but the Tutor being but a borrowed father cannot sell the inheritance of the pupill nor can he for the pupills bad deserving by any dominion of Justice over the pupill take away the inheritance from him and give it to his owne son so a Community of it selfe because of sin is a naked society that can but destroy it selfe and every one eate the flesh of his brother therefore God hath appointed a King or governour who shall take care of that community rule them in peace and save all from reciprocation of mutuall acts of violence yet so as because a trust is put on the Ruler of a community which is not his heritage he cannot dispose of it as he pleaseth because he is not the proper owner of the inheritance 2. The Pupill when he commeth to age may call his Tutor to an accompt for his administration I doe not acknowledge that as a truth which Arnisaeus saith De authoritate prin c. 3. n. 5. The Common-wealth is alwaies minor and under Tutory because it alway hath need of a curator and governour and can never put away its governour buâ— the pupill may grow to age and wisedome so as he may be without all Tutors and can guide himselfe and so may call in question his Tutor and the pupill cannot be his Iudge but must stand to the sentence of a superiour Iudge and so the people cannot judge or punish their Prince God must be Iudge betwixt them both But this is 1. a begging of the question every comparison halteth no community but it is Major in this that it can appoint its owne Tutors and though it cannot be without all Rulers yet it may well be without this or that Prince and Ruler and therefore may resume its power which it gave conditionally to the Ruler for its owne safety and good and in so farre as this condition is violated and power turned to the destruction of the Common-wealth it is to be esteemed as not given and though the people be not a politique Iudge in their owne cause yet in case of manifest oppression nature can teach them to oppose defensive violence against offensive a community in its politique body is also above any Ruler and may judge what is manifestly destructive to it selfe Obj. The Pupill hath not power to appoint his owne Tutor nor doth he give power to him so neither doth the people give it to the King Ans. The Pupill hath not indeed a formall power to make a Tutor but he hath vertually a legall power in his father who appointeth a Tutor for his sonne and the people have vertually all Royall power in them as in a sort of immortall and eternall fountain and may create to themselves many Kings Asser. 2. The Kings power is not properly and univocally a Maritall and husbandly power but only Analogically 1. The Wife by nature is the weaker Vessell and inferiour to the man but the Kingdom as shall be demonstrated is superiour to the King 2. The Wife is given as an helpe to the man but by the contrary the man here is given as an helpe and father to the Common-wealth which is presumed to be the wife 3. Maritall and husbandly power is naturall though it be not naturall but from free election that Peter is Ana's Husband and should have been though man had never sinned but Royall Power is a politick constitution and the world might have subsisted though Aristocracy or Democracy had been the only and perpetuall governments So let the Prelate glory in his borrowed Logick he had it from Barclay It is not in the power of the Wife to repudiat her Husband though never so wicked she is tyed to him for ever and may not give to him a bill of Divorcement as by Law the Husband might give to her if therefore the people sweare loyalty to him they must keep though to their hurt Ps. 15. Ans. There 's nothing here said except Barclay and the Plagiarie prove that the Kings Power is properly a Husbands power which they cannot prove but from a Simile that crooketh but a King elected upon conditions that if he sell his people he shall lose his Crown is as essentially a King as Adam was Evahs Husband and yet by grant of parties the people may devorce from such a King and dethrone him if he sell his people but a Wife may never devorce from her Husband as the Argument saith And this poore Argument the Prelate stole from Dr. Ferne part 2. Sec. 3. pag. 10 11. 2. The keeping of Covenant though to our huâ—t is a penall hurt and losse of goods not a
punishing innocent people 4. To write the duty of the King in a booke and apply it to the King is no more superfluous nor to teach the people the good and the right way out of the Law and apply generalls to persons 5. There is nothing in the Law 1 Sam. 8.9.11.12 of the peoples patience but rather of their impatient crying out God not hearing nor helping and nothing of that in this booke for any thing that we know and Iosephus speaketh of the Law 1 Sam. 8. not of this Law 1 Sam. 12. QUEST XIX Whether or no the King be in Dignity and power above the people IN this grave question divers considerations are to be pondered 1. There is a Dignity materiall in the people scattered they being many representations of God and his Image which is in the King also and formally more as King he being indued with formall Magistraticall and publick Royall Authority in the former regard this or that man is inferiour to the King because the King hath that same remander of the Image of God that any private man hath and something more he hath a politicke resemblance of the King of Heavens being a little God and so is above any one man 2. All these of the people taken collectively having more of God as being representations are according to this materiall dignity excellenter then the King because many are excellenter then one and the King according to the Magistraticall and Royall Authority he hath is excellenter then they are because he partaketh formally of Royalty which they have not formally 3. A meane or medium as it is such is lesse then the end though the thing materially that is a meane may be excellenter every mean as a meane under that reduplication hath all its goodnesse and excellency in relation to the end yet an Angell that is a meane and a ministring Spirit ordained of God for an heire of life eternall Heb. 1.13 considered materially is excellenter then a man Psal. 8.5 Heb. 2.6 7 8. 4. A King and leader in a military consideration and as a Governour and conserver of the whole Army is more worth then ten thousand of the people 2 Sam. 18.3 5. But simply and absolutely the people is above and more excellent then the King and the King in Dignity inferiour to the people and that upon these Reasons 1. Because he is the meane ordained for the people as for the end that he may save them 2. Sam. 19.9 a publick shepheard to feede them Ps. 78.70 71 72 73. the Captaine and Leader of the Lords inheritance 1 Sam. 10.1 to defend them the Minister of God for their good Rom. 13.4 2. The Pilot is lesse then the whole Passengers the Generall lesse then the whole Army the Tutor lesse then all the children the Physician lesse then all the living men whose health he careth for the Master or Teacher lesse then all the Schollars because the part is lesse then the whole the King is but a part and a member though I grant a very eminent and Noble Member of the Kingdome 3. A Christian people especially is the portion of the Lords inheritance Deut. 32.9 the sheepe of his pasture his redeemed ones for whom God gave his blood Act. 20.28 And the killing of a man is to violate the Image of God Gen. 9.6 and therefore the death and destruction of a Church and of thousand thousands of men is a sadder and a more heavy matter then the death of a King who is but one man 4. A King as a King or because a King is not the inheritance of God nor the chosen and called of God nor the sheepe or flocke of the Lords pasture nor the redeemed of Christ for those excellencies agree not to Kings because they are Kings for then all Kings should be indued with those excellencies and God should an be accepter of persons if he put those excellencies of Grace upon men for externall respects of highnesse and Kingly power and worldly glory and splendor for many living Images and representations of God as he is holy or more excellent then a politique representation of Gods greatnesse and Majesty such as the King is because that which is the fruit of a love of God which commeth nearer to Gods most speciall love is more excellent then that which is farther remote from his speciall love now though Royalty be a beame of the Majesty of the greatnesse of the King of Kings and Lord of Lords yet is it such a fruit and beam of Gods greatnesse as may consist with the eternall reprobation of the party loved so now Gods love from whence he communicateth his Image representing his owne holinesse commeth nearer to his most speciall love of election of men to glory 5. If God give Kings to be a ransome for his Church and if he stay great Kings for their sake as Pharaoh King of Aegypt Esa. 43.3 and Sihon King of the Amorites and Og King of Bashan Ps. 136.18 19 20. if he plead with Princes and Kings for destroying his people Esa. 3. v. 12 13 14. if he make Babylon and her King a threshing-floore for the violence done to the inhabitants of Zion Ier. 51.33 34 35. then his people as his people must be so much dearer and more precious in the Lords eyes then Kings because they are Kings by how much more his Justice is active to destroy the one and his Mercy to save the other Neither is the Argument taken off by saying the King must in this question be compared with his owne people not a forraigne King with other forraigne people over whom he doth not Raigne for the Argument proveth that the people of God are of more worth then Kings as Kings and Nebuchadnezer and Pharaoh for the time were Kings to the people of God and forraigne Kings are no lesse essentially Kings then Kings native are 6. Those who are given of God as gifts for the preservation of the people to be Nurse-fathers to them those must be of lesse worth before God then those to whom they are given since the gift as the gift is lesse then the party on whom the gift is bestowed But the King is a gift for the good and preservation of the people as is cleare Esa 1.26 And from this that God gave his people a King in his wrath we may conclude that a King of himselfe except God be angry with his people must be a gift 7. That which is eternall and cannot politically die yea which must continue as the dayes of heaven because of Gods promise That is more excellent then that which is both accidentall temporarie and mortall But the People is both eternall as People because Eccles. 1.4 one generation passeth away and another generation commeth And as a people in covenant with God Ier. 32.40 41. in respect that a People and Church though mortall in the individuals yet the Church remaining the
Church cannot dye but the King as King may and doth dye It is true where a Kingdome goeth by succession the Politicians say the man who is King dyeth but the King never dyeth because some other either by birth or free election succeedeth in his roome But I answer 1. People by a sort of necessity of nature succeedeth to People generation to generation except Gods judgement contrary to nature intervene to make Babylon no people and a land that shall never be inhabited which I both believe and hope for according to Gods word of Prophecie But a King by a sort of contingencie succeedeth to Kings for nature doth not ascertaine us there must be Kings to the worlds end because the essence of Governours is kept safe in Aristocracie and Democracie though there were no Kings And that Kings should necessarily have been in the world if man had never fallen in sinne I am not by any cogent argument induced to beleeve I conceive there should have been no Government but these of Fathers Children Husband and Wife and which is improperly Government some more gifted with supervenient additions to nature as gifts and excellencies of Engines Now in this point Althusius polit c. 38. n. 114. saith the King in respect of office is worthier then the people but this is but an accidentall respect but as the King is a man he is inferior to the people But 8. he who by office is obliged to expend himselfe and to give his life for the safety of the people he must be inferior to the people So Christ saith the life is more then rayment or food because both these give themselves to corruption for mans life so the beasts are inferiour to man because they die for our life that they may sustaine our life And Caiaphas prophesied right that it was better that one man die then that the whole Nation perish Joh. 11. v. 50. and in nature Elements against their particular inclination defraud themselves of their private and particular ends that the Commonwealth of Nature may stand as heavy elements ascend light descend lest nature should perish by a vacuitie And the good shepherd Ioh. 10. giveth his life for his sheep So Saul and David both were made Kings to fight the Lords battels and to expose their lives to hazard for the safetie of the Church and people of God But the King by office is obliged to expend his life for the safety of the people of God he is obliged to fight the Lords battels for them to goe betwixt the Flock and death as Paul was willing to be spent for the Church It may be objected Jesus Christ gave himselfe a Ransome for his Church and his life for the life of the World and was a gift given to the world Ioh. 3.16 4.10 and he was a meane to save us And so what arguments we have before produced to prove that the King must be inferior to the people because he is a ransome a meane a gift are not concludent I answer Consider a meane reduplicatively and formaliter as a meane and secondly as a meane materially that is the thing which is a meane 2. Consider that which is only a mean and ransome and gift and no more and that which beside that it is a meane is of a higher nature also So Christ formally as a meane giving 1. his temporall life 2. for a time 3. according to the flesh For 1. the eternall life 2. of all the Catholike Church to be glorified eternally 3. not his blessed Godhead and glorie which as God he had with the Father from eternitie In that respect Christ hath the relation of a servant ransome gift and some inferioritie in comparison of the Church of God and his Fathers glory as a meane is inferior to the end but Christ materially in concreto Christ is not only a meane to save his Church but as God in which consideration he was the immortall Lord of life he was more then a meane even the author efficient and Creator of heaven and earth and so there is no ground to say that he is inferiour to the Church but the absolute head King the chiefe of ten thousand more in excellencie and worth then ten thousand millions of possible worlds of men and Angels But such a consideration cannot befall any mortall King because consider the King materially as a mortall man he must be inferior to the whole Church for he is but one and so of lesse worth then the whole Church as the thumbe though the strongest of the fingers yet it is inferior to the hand and far more to the whole body as any part is inferior to the whole 2. Consider the King reduplicative and formally as King and by the officiall relation he hath he is no more then but a Royall servant an officiall meane tending ex officio to this end to preserve the people to rule and governe them and a gift of God given by vertue of his office to rule the people of God and so any way inferiour to the people 9. Those who are before the King and may be a People without a King must be of more worth then that which is posteriour and cannot be a King without them For thus Gods selfe sufficiency is proved in that he might be and eternally was blessed for ever without his Creature but his creature cannot subsist in being without him Now the people were a people many yeares before there was any government save domestick and is a people where there is no King but only an Aristocracy or a Democracy but the King can be no King without a people It is vaine that some say the King and Kingdome are relatives and not one is before another for its true in the naked relation so are father and sonne Master and servant Relata simul natura but sure there is a priority of worth and independency for all that in the father above the sonne and in the master above the servant and so in the people above the King take away the people and Dyonisius is but a poore Schoole-master 2. Asser. The people in power are superiour to the King 1. because every efficient and constituent cause is more excellent then the effect Every meane is inferiour in power to the end so Iun. Brutus q. 31. Bucher l. 1. c. 16. Author Lib. De offic Magistr q. 6. Henaenius disp 2. n. 6. Ioan. Roffensis Epist. De potest pap l. 2. c. 5. Spalato de Repu Ecclesiast l. 6. c. 2. n. 31. but the people is the efficient and constituent cause the King is the effect the people is the end both intended of God to save the people to be a healer and a Physician to them Esay 3. v. 7. and the people appoint and create the King out of their indigence to preserve themselves from mutuall violence Many things are objected against this 1. That the efficient and constituent cause is
or not from God if it be from God it must be a power against the sixth and seventh Commandment which God gave to David and not to any subject and so David lied when he confessed this sin and this sin cannot be pardoned because it was no sin and Kings because Kings are under no tye of duties of mercy and truth and jâ—stice to their subjects contrary to that which Gods Law requireth of all Judges Deut. 1.15 16 17. and 17.15 16 17 18 19 20. 2 Chro. 19.6 7. Rom. 13.3 4. If this power be from God as it is unrestrainable and unpunishable by the subject it is not from God at all for how can God give a power to do ill that is unpunishable by men and not give that power to do ill it is unconceiveable For in this very thing that God giveth to David a power to murther the innocent with this respect That it shall be punishable by God onely and not by men God must give it as a sinfull power to do ill which must be a power of dispensation to sin and so not to be punished by either God or man which is contrary to his revealed will in his word If such a power as not restrainable by man be from God by way of permission as a power to sin in divels and men is then it is no Royall power nor any Ordinance of God and to resist this power is not to resist the Ordinance of God Argum. 4. That power which maketh the benefit of a King to be no benefit but a judgement of God as a making all the people slaves such as were slaves amongst the Romans and Jews is not to be asserted by any Christian but an absolute power to do ill and to Tyrannize which is supposed to be an essentiall and constitutive of Kings to difference them from all Judges maketh the benefit of a King no benefit but a judgement of God as making all the people slaves That the major may be clear It is evident to have a King is a blessing of God because to have no King is a judgement Judg. 17.6 Every man doth what seemeth good in his own eyes Judg. 18.1 and 19.1 and 21.25 2. So it is a part of Gods good providence to provide a King for his people 1 Sam. 16.1 so 2 Sam. 5.12 And David perceived that the Lord had established him King over Israel and that he had exalted his Kingdom for his people Israels sake 2 Sam. 15.2 3 6. 2 Sam. 18.3 Rom. 13.2 3 4. If the King be a thing good in it self then can he not actu primo be a curse and a judgement and essentially a bondage and slavery to the people also the genuine and intrinsecall end of a King is the good Rom. 13.4 and the good of a quiet a peaceable life in all godlinesse and honesty 1 Tim. 2.2 and he is by Office custos utriusque tabulae whose genuine end is to preserve the law from violence and to defend the subject he is the peoples debtor for all happynesse possible to be procured by Gods sword either in peace or war at home or abroad For the assumption it is evident An absolute and Arbitrary power is a King-law such as Royalists say God gave to Saul 1 Sam. 8.9 11. and 10.25 to play the Tyrant and this power Arbitrary and unlimited above all Laws is that which 1. Is given of God 2. Distinguisheth essentially the Kings of Israel from the Iudge saith Barclay Grotius Arnisaeus 3. A constitutive form of a King therefore it must be actu primo a benefit and a blessing of God but if God hath given any such power absolute to a King as 1. His will must be a law either to do or suffer all the Tyranny and cruelty of a Tyger Leopard or a Nero and a Julian then hath God given actu primo a power to a King as King to inslave the people and flock of God redeemed by the blood of God as the slaves among the Romans and Iews who were so under their masters as their bondage was a plague of God and the lives of the people of God under Pharaoh who compelled them to work in brick and clay 2. Though he cut the throats of the people of God as the Lionnesse Queen Mary did and command an Army of souldiers to come and burn the Cities of the Land and kill man wife and children yet in so doing he doth the part of a King so as you cannot resist him as a man and obey him as a King but must give your necks to him upon this ground because this absolute power of his is ordained of God and there is no power even to kill and destroy the innocent but it is of God so saith Paul Rom. 13. If we beleeve Court-Prophets or rather Lying-Spirits who perswade the King of Britain to make war against his three Dominions Now it is clear that the distinction of bound and free continued in Israel even under the most tyrannous Kings 2 Kings 4.1 yea even when the Iews were captives under Ahasuerus Esther 7.4 And what difference should there be between the people of God under their own Kings and when they were captives under Tyrants serving wood and stone and false gods as was threatned as a curse in the Law Deut. 28 25 36 64 68. If their own Kings by Gods appointment have the same absolute power over them and if he be a Tyrant actu primo that is if he be indued with absolute power and so have power to play the Tyrant then must the people of God be actu primo slaves and under absolute subjection for they are relatives as lord and servant conquerour and captive It is true they say Kings by office are fathers they cannot put forth in action their power to destroy I answer it is their goodnesse of nature that they put not forth in action all their absolute power to destroy which God hath given them as Kings and therefore thanks are due to their goodnesse for that they do not actu secundo play the Tyrant for Royalists teach that by vertue of their office God hath given to them a Royall power to destroy Ergo The Lords people are slaves under them though they deal not with them as slaves but that hindereth not but the people by condition are slaves so many Conquerours of old did deal kindely with these slaves whom they took in war and dealt with them as sons but as Conquerours they had power to sell them to kill them to put them to work in brick and clay so say I here Royall power and a King cannot be a blessing and actu primo a favour of God to the people for the which they are to pray when they want a King that they may have one or to praise God when they have one But a King must be a curse and a judgement if he be such a creature as essentially and in the intention and nature of
all in one day to his sword were they obliged by this Oath to prayers and â—eares and only to suffer and was it against the Oath of God to defend themselves by Armes I beleeve the Oath did not oblige to such absolute subjection and though they had taken Armes in their owne lawfull defence according to the Law of Nature they had not broken the Oath of God The Oath was not a tye to an absolute subjection of all and every one either to worship Idols or then to sly or suffer death Now the Service-booke commanded in the Kings absolute authority all Scotland to commit grosser Idolatry in the intention of the work if not in the intention of the Commander then was in Babylon We read not that the King of Babylon pressed the consciences of Gods people to Idolatry or that all should either sly the Kingdome and leave their inheritances to Papists and Prelates or then come under the mercy of the sword of Papists and Atheists by sea or land 3. God may command against the Law of Nature and Gods Commandement maketh subjection lawfull so as men may not now being under the Law of God defend themselves What then Ergo we owe subjection to absolute Princes and their power must be a lawfull power it no waies is consequent Gods Commandement by Ieremiah made the subjection of Iudah lawfull and without that Commandement they might have taken Armes against the King of Babylon as they did against the Philistines and Gods Commandement maketh the Oath lawfull As suppone Ireland would all rise in Armes and come and destroy Scotland the King of Spain leading then we were by this Argument not to resist 4. It is denyed that the power Rom. 13. as absolute is Gods ordinance And I deny utterly that Christ and his Apostles did sweare non-resistence absolute to the Roman Emperour Obj. 2. It sesmeth 1 Pet. 2.18 19. if well doing be mistaken by the reason and judgement of an absolute Monarch for ill doing and we punished yet the Magistrates will is the command of a reasonable will and so to be submitted unto because such a one suffereth by Law where the Monarches Will is a Law and in this case some power must judge Now in an absolute Monarchy all judgement resolveth in the Will of the Monarch as the supreame Law and if Ancestors have submitted themselves by Oath there is no repeale or redresment Ans. Who ever was the Author of this Treatise he is a bad defender of the defensive warres in England for all the lawfulnesse of warres then must depend on this 1. Whether England be a conquered Nation at the beginning 2. If the Law-will of an absolute Monarch or a Nero be a reasonable Will to which we must submit in suffering ill I see not but we must submit to a reasonable will if it be reasonable will in doing ill no lesse then in suffering ill 3. Absolute Will in absolute Monarches is no Iudge De jure but an unlawfull and a usurping Iudge 4. 1 Pet. 2.18 19. Servants are not commanded simply to suffer I can prove suffering formally not to fall under any Law of God but only patient suffering I except Christ who was under a peculiar commandement to suffer But servants upon supposition that they are servants and buffeted unjustly by their Masters are by the Apostle Peter commanded v. 20. to suffer patiently But it doth not bind up a servants hand to defend his owne life with weapons if his Master invade him without cause to kill him otherwise if God call him to suffer he is to suffer in the manner and way as Christ did not reviling not 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 Magistracy 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 Rebells 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
fundamentall in that notion Some object The three Estates as men and looking to their owne ends not to Law and the publick good are not fundamentalls and are to be judged by the King Ans. By the people and the conscience of the people they are to be judged Obj. But the people also doe judge as corrupt men and not as the people and a Politique Body providing for their owne safety Ans. I grant all when God will bring a vengeance on Jerusalem Prince and people both are hardened to their owne destruction Now God hath made all the three in every Government where there is Democracy there is some chosen ones resembling an Aristocracy and some one for order presiding in Democraticall courts resembling a King In Aristocracy as in Holland there is somewhat of Democracy the people have their Commissioners and one Duke or Generall as the Prince of Orange is some umbrage of Royalty and in Monarchy there are the three Estates of Parliament and these containe the three Estates and so somewhat of the three formes of Government and there is no one Government just that hath not some of all three powre and absolute Monarchy is Tyranny unmixed Democracy is confusion untempered Aristocracy is factious Dominion and a limited Monarchy hath from Democracy respect to publick good without confusion From Aristocracy safety in multitude of Counsells without factious emulation and so a barre laid on Tyranny by the joynt powers of many and from Soveraignty union of many children in one father and all the three thus contempered have their owne sweet fruits through Gods blessing and their owne diseases by accident and through mens corruption and neither reason nor Scripture shall warrant any one in its rigid purity without mixture And God having chosen the best government to bring men fallen in sinne to happinesse must warrant in any one a mixture of all three as in mixt bodies the foure Elements are reduced to a fit temper resulting of all the foure where the acrimony of all the foure first qualities is broken and the good of all combined in one The King as the King is an unerring and living Law and by grant of Barclay of old was one of excellent parts and noble through vertue and goodnesse and the goodnesse of a father as a father of a tutor as a tutor of a head as a head of a husband as a husband doe agree to the King as the King so as King he is the Law it selfe commanding governing saving 2. His Will as King or his Royall Will is reason conscience Law 3. This Will is politickly present when his person is absent in all Parliaments Courts and inferiour Iudicatures 4. The King as King cannot doe wrong or violence to any 5. Amongst the Romanes the name King and Tyrant were common to one thing 1. Because de facto some of their Kings were Tyrants in respect of their Dominion rather then Kings 2. Because he who was a Tyrant De facto should have been and was a King too de jure 6. It is not lawfull to either disobey or resist a King as a King no more then it is lawfull to disobey a good Law 7. What violence what unjustice and excesse of passion the King mixeth in with his Acts of Government are meerely accidentall to a King as King for because men by their owne innate goodnesse will not yea Morally cannot doe that which is lawfull and just one to another and doe naturally since the fall of man violence one to another therefore if there had not been sin there should not have been need of a King more then there should have beene need of a Tutor to defend the child whose father is not dead or of a Physitian to cure sicknesse where there is health for remove sinne and there is neither death nor sicknesse but because sinne is entered into the world God devised as a remedy of violence and unjustice a living rationall breathing Law called a King a Iudge a Father now the aberrations violence and oppression of this thing which is the living rationall breathing Law is no Medium no meane intended by God and nature to remove violence How shall violence remove violence Therefore an unjust King as unjust is not that genuine ordinance of God appointed to remove unjustice but accidentall to a King So we may resist the unjustice of the King and not resist the King 8 If then any cast off the nature of a King and become habitually a Tyrant in so farre he is not from God nor any ordinance which God doth owne If the Office of a Tyrant to speake so be contrary to a Kings Offices it is not from God and so neither is the power from God 9. Yea Lawes which are no lesse from God then the Kings are when they begin to be hurtfull Cessant materialiter they leave off to be Lawes because they oblige Non secundum vim verborum sed in vim sensus not according to the force of words but according to sense l. Non figura literarum F. de actione obligatione l. ita stipulatus But who saith the Royalists shall be judge betwixt the King and the people when the people alledge that the King is a Tyrant Ans. There is a Court of necessity no lesse then a Court of Justice and 2. The fundamentall Lawes must then speake and it is with the people in this extremity as if they had no Ruler Obj. 1. But if the Law be doubtsome as all humane all Civill all municipall Lawes may endure great dispute the peremptory person exponing the Law must be the supreame Iudge This cannot be the people ergo it must be the King Ans. 1. As the Scriptures in all fundamentalls are cleare and expone themselves and Actu primo condemne Heresies so all Lawes of men in their fundamentals which are the Law of Nature and of Nations are cleare And 2. Tyranny is more visible and intelligible then Heresie and it s soone decerned If a King bring in upon his native subjects twenty thousand Turks armed and the King lead them It is evident they come not to make a friendly visite to salute the Kingdom and depart in peace the people have a naturall throne of policie in their conscience to give warning and materially sentence against the King as a Tyrant and so by nature are to defend themselves Where Tyranny is more obscure and the thred small that it escape the eye of men the King keepeth possession but I deny that Tyranny can be obscure long Object 2. Doct. Ferne. A King may not or cannot easily alter the frame of fundamentall Laws he may make some actuall invasion in some transient and not fixed acts and it is safer to bear these then to raise a civill Warre of the Body against the Head Answ. 1. If the King as King may alter any one wholesome Law by that same reason he may alter all 2. You give short wings to
an Arbitrary Prince if he cannot over flie all Laws to the subversion of the Fundamentalls of a State if you make him as you do 1. One who hath the sole Legislative power who allanerly by himself maketh Laws and his Parliament and Councell are onely to give him advice which by Law he may as easily reject as they can speak words to him He may in one transient act and it is but one cancell all Laws made against idlolatry and Popery and command through bad Counsell in all his Dominions the Pope to be acknowledged as Christs Vicar and all his doctrine to be established as the Catholike true Religion It is but one transient act to seal a pardon to the shedding of the blood of two hundred thousand killed by Papists 2. You make him a King who may not be resisted in any case and though he subvert all Fundamentall Laws he is countable to God onely his people have no remedy but prayers or flight Object 3. Ferne. Limitations and mixtures in Monarchies do not imply a forceable restraining power in subjects for the preventing of the dissolution of the State but onely a legall restraining power and if such a restraining power be in the subjects by reservation then it must be expressed in the constitution of the Government and in the Covenant betwixt the Monarch and his people but such a condition is unlawfull which will not have the Soveraign power secured is unprofitable for King and people a seminary for seditions and jealousies Answ. I understand not a difference betwixt forceable restraining and legall restraining For he must mean by legall mans Law because he saith It is a Law in the Covenant betwixt the Monarch and his people Now if this be not forceable and physicall it is onely Morall in the conscience of the King and a Cypher and a meer vanitie for God not the people putteth a restraint of conscience on the King that he may not oppresse his poor subjects but he shall sin against God that is a poor restraint the goodnesse of the King a sinfull man inclined from the womb to all sin and so to Tyranny is no restraint 2. There 's no necessitie that the reserve be expressed in the Covenant between King and people more then in contract of marriage between a husband and a wife beside her joynter you should set down this clause in the contract that if the husband attempt to kill the wife or the wife the husband in that case it shall be lawfull to either of them to part companies For Doct. Ferne saith That personall defence is lawfull in the people if the Kings assault be 1. Suddain 2. Without colour of Law 3. Inevitable Yet the reserve of this power of defence is not necessarily to be expressed in the contract betwixt King and people Exigences of the Law of nature cannot be set down in positive Covenants they are presupposed 3. He saith A reservation of power whereby soveraigntie is not secured is unlawfull Lend me this Argument The giving away of a power of defence and a making the King absolute is unlawfull because by it the people is not secured but one man hath thereby the sword of God put in his hand whereby ex officio he may as King cut the throats of thousands and be countable to none therefore but to God onely now if the non-securing of the King make a condition unlawfull the non-securing of a Kingdom and Church yea of the true religion which are infinitely in worth above one single man may far more make the condition unlawfull 4. A legall restraint on a King is no more unprofitable and a seminary of jealousies between King and people then a legall restraint upon people for the King out of a non-restraint as out of seed may more easily educe tyranny and subversion of religion If outlandish women tempt even a Solomon to idolatry as people may educe sedition out of a legall restraint laid upon a King to say nothing that Tyranny is a more dangerous sin then sedition by how much more the lives of many and true religion are to be preferred to the safetie of one and a false peace Object 4. An absolute Monarch is free from all forceable restraint and so far as he is absolute from all legall restraint of positive Laws now in a limited Monarch there is onely sought a legall restraint and limitation cannot infer a forceable restraint for an absolute Monarch is limited also not by civill compact but by the Law of nature and nations which he cannot justly transgresse if therefore an absolute Monarch being exorbitant may not be resisted because he transgresseth the Law of nature how shall we think a limited Monarch may be resisted for transgressing the bounds set by civill agreement Answ. A legall restraint on the people is a forceable restraint For if Law be not backed with force it is onely a Law of rewarding weldoing which is no restraint but an incouragement to do evil If then there be a legall restraint upon the King without any force it is no restraint but onely such a request as this Be a just Prince and we will give your Majestie two Subsidies in one yeer 2. I utterly deny that God ever ordained such an irrationall creature as an absolute Monarch If a people unjustly and against natures dictates make away irrevocably their own libertie and the libertie of their posteritie which is not their's to dispose off and set over themselves as base slaves a sinning creature with absolute power he is their King but not as he is absolute and that he may not be forceably resisted notwithstanding the subjects did swear to his absolute power which oath in the point of absolutenesse is unlawfull and so not obligatory I utterly deny 3. An absolute Monarch saith he is limited but by Law of nature That is Master Doctor he is not limited as a Monarch not as an absolute Monarch but as a son of Adam he is under the limites of the Law of nature which he should have been under though he had never been a King all his dayes but a slave But what then Therefore he cannot be resisted Yes Doctor by your own grant he can be resisted If he invade an innocent subject say you 1. Suddenly 2. Without colour of Law 3. Inevitably And that because he transgresseth the Law of nature 4. You say a limited Monarch can lesse be resisted for transgressing the bounds set by civill agreement But 1. What if the thus limited Monarch transgresse the Law of nature and subvert Fundamentall Lawes he is then you seem to say to be resisted it is not for simple transgression of a civill agreement that he is to be resisted 2. The limited Monarch is as essentially the Lords anointed and the power ordained of God as the absolute Monarch Now resistance by all your grounds is unlawfull because of Gods power and place conferred upon him not because of mens
disobedience to a Law seeing all Law-direction is in â—rdine ad obedientiam in order to obey except thus far that the light that is in the civil Law is a morall or naturall guide to conduct a King in his walking but this is the morality of the Law which inlightneth and informeth not any obligation that aweth the King and so the King is under Gods and Natures Law this is nothing to the purpose 3. Assert The King is under the Law in regard of some coercive limitation 1. Because there is no absolute power given to him to do what he listeth as a man And because 2. God in making Saul a King doth not by any Royall stamp give him a power to sin or to play the Tyrant for which cause I expone these of the Law Omnia sunt possibilia Regi Imperator omnia potest Baldus in § F. de no. for fidel in F. in prima constitut C. col 2. Chassanaeus in Catalog gloriae mundi par 5. considerat 24. tanta est ejus celsitudo ut non posset ei imponi lex in regno suo Curt. in consol 65. col 6. ad F. Petrus Rebuff Notab 3. repet l. unicae C. de sentent quae pro eo quod nu 17. pag. 363. All these go no otherwise but thus The King can do all things which by Law he can do and that holdeth him id possumus quod jure possumus And therefore the King cannot be above the Covenant and Law made betwixt him and his people at his Coronation-oath for then the Covenant and Oath should binde him onely by a naturall obligation as he is a man not by a civil or politique obligation as he is a King So then 1. it were sufficient that the King should swear that Oath in his Cabinet-chamber and it is but a mocking of an Oath that he swear it to the people 2. That Oath given by the representative-Representative-Kingdom should also oblige the Subjects naturally in foro Dei not politically in foro humano upon the same reason 3. He may be resisted as a man 4. Assert The fourth case is if the King be under the obliging politique coaction of civil Laws for that he in foro Dei be under the morality of civil Laws so as he cannot contraveen any Law in that notion but he must sin against God is granted on all hands Deut. 17.20 Iosh. 1.8 1 Sam. 12.15 That the King binde himself to the same Law that he doth binde others is decent and obligeth the King as he is a man 1. Because Matth. 7.12 It is said to be the Law and the Prophets All things whatsoever ye would men should do unto you do ye even so to them 2. It is the Law Jmperator L. 4. digna vâ—x C. de lege tit Quod quisque juris in alium statuit eodem ipse utatur Iulius Caesar commanded the youth who had defloured the Emperours daughter to be scourged above that which the Law allowed The youth said to the Emperour Dixisti legem Caesar You appointed the Law Caesar. The Emperor was so offended with himself that he had failed against the Law that for the whole day he refused to taste meat Assert 5. The King cannot but he subject to the coactive power of Fundamentall Laws Because this is a Fundamentall Law that the free Estates lay upon the King that all the power that they give to the King as King is for the good and safety of the people and so what he doth to the hurt of his subjects he doth it not as King 2. The Law saith Qui habet potestatem constituendi etiam jus adimendi l. nemo 37. l. 21. de reg jure Those who have power to make have power to unmake Kings 3. What ever the King doth as King that he doth by a power borrowed from or by a fiduciary power which is his by trust the Estates who made him King He must then be nothing but an eminent servant of the State in the punishing of others If therefore he be unpunishable it is not so much because his Royall power is above all Law-coaction as because one the same man cannot be both the punisher and the punished and this is a Physicall incongruity rather then a Morall absurdity So the Law of God layeth a duty on the inferiour Magistrate to use the sword against the murtherer and that by vertue of his Office but I much doubt it for that he is to use the sword against himselfe in the case of Murther for this is a truth I purpose to make good that suffering as suffering according to the substance and essence of passion is not commanded by any Law of God or nature to the sufferer but only the manner of suffering I doubt if it be not by the Law of Nature lawfull even to the ill doer who hath deserved death by Gods Law to fly from the sword of the lawfull Magistrate only the manner of suffering with patience is commanded of God I know the Law saith here That the Magistrate is both Iudge and the Executor of the sentence against himselfe in his owne cause for the excellency of his Office Therefore these are to be distinguished whether the King Ratione demeriti jure by Law be punishable or if the King can actually be punished corporally by a Law of man he remaining King and since he must be a punisher himselfe and that by vertue of his Office In matters of goods the King may be both Iudge and punisher of himselfe as our Law provideth that any subject may plead his owne heritage from the King before the inferiour Iudges and if the King be a violent possessour and in Mala fide for many yeares by Law he is obliged upon a Decree of the Lords to execute the sentence against himselfe Ex officio and to restore the Lands and repay the dammage to the just owner and this the King is to doe against himselfe ex officio I grant here the King as King punisheth himselfe as an unjust man but because bodily suffering is meere violence to nature I doubt if the King ex officio is to doe or inflict any bodily punishment on himselfe Nemo potest a seipso cogi l. ille a quo 13. § Assert 6. There be some Lawes made in favour of the King as King as to pay tribute The King must be above this Law as King True but if a Noble man of a great rent be elected King I know not if he can be free from paying to himselfe as King tribute seeing this is not allowed to the King by a Divine Law Rom. 13.6 as a reward of his worke and Christ expresly maketh tribute a thing due to Caesar as a King Matth. 22. v. 21. There be some solemnities of the Law from which the King may be free Prickman D. c. 3. n. 78. and he relateth what they are they are not Lawes but some circumstances belonging to Lawes
Ambrose Sermo 16. in Psal. 118. Gregorius and Augusti Ioan. 8. saith he meaneth no man durst judge or punish him but God only Lorinus the Iesuit observeth eleven interpretatioÌ„s of the Fathers all to this sense since Lyra saith he sinned only against God because God only could pardon him Hugo Cardinalis because God only could wash him which he asketh in the Text. And Lorin Solo Deo conscio peccavi But the simple meaning is Against thee only have I sinned as my eye witnesse and imediate beholder and therfore he addeth and have done this evill in thy sight 2. Against thee only as my Iudge that thou maist be justified when thou judgest as cleare from all unrighteousnesse when thou shalt send the sword on my house 3. Against thee O Lord only who canst wash me and pardon me v. 1 2. And if this thee only exclude all together Vriah Bathsheba and the Law of the Iudges as if he had sinned against none of these in their kind then is the King because a King free not only from a punishing Law of man but from the duties of the second Table simply and so a King cannot be under the best and largest halfe of the Law Thou shalt love thy neighbour as thy selfe 2. He shall not need to say Forgive us our sinnes as we forgive them that sin against us for there is no reason from the nature of sin and the nature of the Law of God why we can say more the subjects and sonnes sin against the King and Father then to say the Father and King sin against the sonnes and subjects 3. By this the King killing his Father Iesse should sin against God but not breake the fift Command nor sinne against his father 4. God should in vaine forbid fathers to provoke their children to wrath 1. And Kings to doe unjustice to their subjects because by this the superiour cannot sinne against the inferiour for as much as Kings can sin against none but those who have power to judge and punish them but God only and no inferiours and no subjects have power to punish the Kings therefore Kings can sin against none of their subjects and where there is no sin how can there be a Law neither Major or Minor can be denyed by Royalists 2. We acknowledge Tyraâ—ny must only unking a Prince The Prelate denyeth it but he is a green Statist Barclay Grotius Winzetus as I have proved granteth it 3. He will excuse Nero as of infirmity wishing all Rome to have one necke that he may cut it off And is that charitable of Kings that they will not be so mad as to destroy their owne Kingdome But when Stories teach us there have been more Tyrants then Kings the Kings are more obliged to him for flattery then for State-wit except we say that all Kings who eate the people of God as they doe bread owe him little for making them all madde and franticke 4. But let them be Nero's and madde and worse there is no coercing of them but all must give their neckes to the sword if the poore Prelate be heard and yet Kings cannot be so madde as to destroy their subjects Mary of England was that madde the Romish Princes who have given Revel 17.13 their power and strength to the beast and doe make warre with the Lambe and Kings inspired with the spirit of the beast and drunke with the wine of the Cup of Babells fornications are so madde and the ten Emperours are so madde who wasted their faithfullest subjects P. Prelate If there be such a power in the Peeres resumable in the exâ—gent of necessity as the last necessary remedy for safety of Church and State God and nature not being deficient in things necessary it must be proved out of the Scripture and not taken on trust for Affirmanti incumbit probatio Ans. Mr. Bishop what better is your Affirmanti incumbit c then mine for you are the affirmer I can prove a power in the King limited onely to feed governe and save the people and you affirme that God hath given to the King not only a power officiall and Royall to save but also to destroy and cut off so as no man may say Why doest thou this Shall we take this upon the word of an excommunicated Prelate Profer tabulas Iohn P. P. I beleeve you not Royall power is Deut. 17.18 Rom. 3.14 I am sure there is there a power given to the King to doe good and that from God Let John P.P. prove a power to doe ill given of God to the King 2. We shall quickly prove that the States may represse this power and punish the Tyrant not the King when he shall prove that a Tyrannous power is an Ordinance of God and so may not be resisted For the law of Nature teacheth If â— give my sword to my fellow to defend me from the murtherer if he shall fall to and murther me with my own sword I may if I have strength take my sword from him Prelate It is infidelitie to thinke that God cannot helpe us and impatience that we will not wait on God When a King oppresseth us it is against Gods wisdome that he hath not provided another meane for our safetie than intrusion on Gods right 2. It is against Gods power 3. his Holinesse 4. Christian Religion that we necessitate God to so weake a meane to make use of sinne and we cast the aspersion of Treason on Religion and deterre Kings to professe Reformed Catholike Religion 5. We are not to justle God out of his right Ans. I see nothing but what D. Ferne Grotius Barclay Blackwood have said before with some colour of proving the consequence The P. Prelate giveth us other mens arguments but without bones All were good if the States coercing and curbing a power which God never gave to the King were a sinne and an act of impatience and unbelief And if it were proper to God only by his immediate hand to coerce Tyrannie 2. He calleth it not Protestant Religion either here or elsewhere but cautelously giveth a name that will agree to the Roman Catholique Religion For the Dominicans Franciscans and the Parisian Doctors and Schoolemen following Occham Gerson Almaâ—â— and other Papists call themselves Reformed Catholiques 2. He layeth this for a ground in 3 or 4 pages where these same Arguments are againe and againe repeated in terminis as his second Reason p. 149. was handled ad nauseam p. 148. his 3. Reason is repeated in his 6. Reason p. 151. He layeth I say down this ground which is the begged Conclusion and maketh the Conclusion the Assumption in 8 raw and often repeated Arguments to wit That the Parliaments coercing and restraining of Arbitrarie power is rebellion and resisting the Ordinance of God But he dare not looke the place Rom. 13. on the face other Royalists have done it with bad successe This I desire to be weighed and I retort the Prelates argument But it is
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
devoure living men when there is a controversie between the King and the Estates of Parliament who shall expone the Law and render its native meaning say Royalists not the Estates of Parliament for they are Subjects not Iudges to the King and only Counsellers and advisers of the King The King therefore must be the only judiciall and finall expositor As for Lawyers said Strafford the Law is not inclosed in a Lawyers Cap. But I remember this was one of the Articles laid to the charge of Richard the Second that he said The Law was in his head and breast And indeed it must follow if the King by the plenitude of absolute power be the only supreme uncontrollable Expositor of the Law that is not Law which is written in the Acts of Parliament but that is the Law which is in the Kings breast and head which Iosephus lib. 19. Antiq. c. 2. objected to Caius And all justice and injustice should be finally and peremptorily resolved on the Kings will and absolute pleasure 6. The King either is to expone the Law by the Law it selfe or by his Absolute power loosed from all Law he exponeth it or according to the advise of his Great Senate If the first be said he is nothing more then other Iudges If the second be said he must be omnipotent and more If the third be said he is not absolute if the Senate be only Advisers and he yet the only Iudiciall expositor The King often professeth his ignorance of the Lawes and he must then both be absolute above the Law and ignorant of the Law and 2. the sole and finall Iudiciall exponer of the Law And by this all Parliaments and their power of making Lawes and of judging iâ— cryed down They object Prov. 16.10 A Divine sentence is in the lips of the King His mouth transgresseth not in judgement ergo he only can expone the Law Ans. 1. Lavater saith and I see no reason on the contrary by a King he meaneth all Magistrates 2. Aben Ezra and Isidorus read the words imperatively The Tigurine version They are Oracles which proceed from his lips let not therefore his mouth transgresse in judgement Vatabulus When he is in his prophecies he lyeth not Iansenius Non facile errabit in judicando Mich. Iermine If he pray Calvine If he read in the booke of the Law as God commandeth him Deut. 17. But why stand we on the place He speaketh of good Kings saith Cornel à Lapide Otherwise Ieroboam Achab Manasseh erred in judgement And except as Mercerus exponeth it We understand him to speake of Kings according to their office not their facts and practice we make them Popes and men who cannot give out grievous and unjust sentences on the Throne against both the Word and experience Object 2. Sometimes all is cast upon ouâ— mans voice why may not the King be this one man Answ. The Antecedent is false the last Voter in a Senate is not the sole Iudge else why should others give suffrages with him 2. This were to take away inferiour Iudges contrary to Gods Word Deut. 1.17 2 Chron. 19.6 7. Rom. 13.1 2 3. QUEST XXVIII Whether or no Wars raised by the Subjects and Estates for their own just defence against the Kings bloody Emissaries be lawfull A Ruisaeus perverteth the question he saith The question is Whether or no the Subjects may according to their power judge the King and dethrone him that is Whether or no is it lawfull for the Subjects in any case to take arms against their lawfull Prince if he degenerate and shall wickedly use his lawfull power The state of the question is much perverted for these be different questions Whether the Kingdom may dethrone a wicked and Tyrannous Prince And whether may the Kingdom take up arms against the man who is the King in their own innocent defence For the former is an Act offensive and of punishing the latter is an Act of Defence 2. The present question is not of Subjects onely but of the Estates and Parliamentary Lords of a Kingdom I utterly deny these as they are Iudges to be subjects to the King for the question is Whether is the King or the representative Kingdom greatest and which of them be subject one to another I affirm Amongst Iudges as Iudges not one is the Commander or Superiour and the other the commanded or subject Indeed one higher Iudge may correct and punish a Iudge not as a Iudge but as an erring man 3. The question is not so much concerning the authoritative Act of War as concerning the power of naturall Defence upon supposition That the King be not now turned an habituall Tyrant but that upon some acts of mis-information he come in arms against his Subjects 2. Arnisaeus maketh two sort of Kings Some Kings integra Majestatis of intire power and Soveraignty some Kings by pactions or voluntary agreement between King and people But I judge this a vain distinction For the limited Prince so he be limited to a power onely of doing just and right by this is not a Prince integrae Majestatis of entire Royall Majestie whereby he may do both good and also play the Tyrant but a power to do ill being no wayes essentiall yea repugnant to the absolute Majestie of the King of Kings cannot be an essentiall part of the Majestie of a lawfull King and therefore the Prince limited by voluntary and positive paction onely to rule according to law and equity is the good lawfull and entire Prince if he have not power to do every thing just and good in that regard onely he is not an intire and compleat Prince So the man will have it lawfull to resist the limited Prince not the absolute Prince by the contrary it is more lawfull to me to resist the absolute Prince then the limited in as much as we may with safer consciences resist the Tyrant and the Lyon then the just Prince and the Lamb. Nor can I assent to Cunnerus de officio princip Christia c. 5. 17. Who holdeth that these voluntary pactions betwixt King and people in which the power of the Prince is diminished cannot stand because their power is given to them by Gods Word which cannot be taken from them by any voluntary paction lawfully and from the same ground Winzetus in vâ—lit contr Buchan p. 32. will have it unlawfull to resist Kings because God hath made them unresistable I answer If God by a divine institution make Kings absolute and above all Laws which is a blasphemous supposition the holy Lord can give to no man a power to sin for God hath not himself any such power then the Covenant betwixt the King and people cannot lawfully remove and take away what God by institution has given but because God Deut. 17. hath limited the first lawfull King the mould of all the rest the people ought also to limit him by a voluntary Covenant and because the
an habituall Tyrant and conduce an hundred thousand Turkes to destroy his subjects upon meere desire of revenge they are not to resist but to be subject and suffer for conscience I am sure Grotius saith If a King sell his subjects he loseth all title to the Crowne and so may be resisted and Winzetus saith A Tyrant may be resisted and Barclay It is lawfull for the people in case of Tyranny to defend themselves Adversus immanem saevetiam against extreame cruelty and I desire the Prelate to answer how people are subject in suffering such cruelty of the higher power because he is Gods ordinance and a power from God except he say as he selleth his people and barbarously destroyeth by Cut-throat Irishes his whole subjects refusing to worship Idolls he is a man and a sinfull man eatenus and an inferiour power inspired by wicked counsell not a King eatenus not a higher power and that in resisting him thus the subjects resist not the ordinance of God Also suppone King David defend his Kingdome and people against Iesse his naturall father who we suppose cometh in against his sonne and Prince King David with a huge army of the Philistimes to destroy him and his Kingdome if he shall kill his owne native father in that warr at some Edge-hill how shall he preserve at Ierusalem that honour love that he oweth to his father by vertue of the fifth Commandement Honour thy father and thy mother c. Let them answer this except King David consider Iesse in one relation in abstracto as his father whom he is to obey and as he is a wicked man and a perfidious subject in another relation and except King David say he is to subject himselfe to his father as a father according to the fifth Commandement and that in the act of his fathers violent invasion he is not to subject himselfe to him as he is a violent invader and as a man Let the Royalist see how he can answer the Argument and how Levie is not to know his father and mother as they are sinfull men Deut. 33.9 and yet to know and honour them as Parents and how an Israelite is not to pitty the wife that lyeth in his bosome when she inticeth him to goe a whooring after strange Gods but is to kill her Deut. 13.6 7 8. and yet the husband is to love the wife as Christ loved his Church Eph. 5.25 If the husband take away his wives life in some mountaine in the holy Land as Gods Law commandeth let the Royalists answer us where is then the maritall love he owes to her and that respect due to her as she is a wife and a helper But let not the Royalist infer that I am from these examples pleading for the killing of Kings for lawfull resistance is one thing and killing of Kings is another the one defensive and lawfull the other offensive and unlawfull so long as he remaineth a King and the Lords Anoynted But if he be a murtherer of his father who doth counsell his father to come to a place of danger where he may be killed and where the King ought not to be as Abner was worthy of death who watched not carefully King Saul but slept when David came to his bed side and had opportunity to kill the King they are Traitors and murtherers of the King who either counselled his Majesty to come to Edge-hill where the danger was so grett or did not violently restraine him from comming thither seeing Kings safety and lives are as much yea more in the disposing of the people then in their owne private will 2 Sam. 18.2 3. for certainly the people might have violently restrained King Saul from killing himselfe and the King was guilty of his own death and sinneth against his Office and subjects who commeth out in person to any such battles where he may be killed and the contrary party free of his blood And here our Prelate is blind if he see not the cleare difference between the Kings Person and the Office as he is King and between his private Will and his publicke and Royall Will 3. The Angels may be named Thrones and Dominions in abstracto and yet created in concreto and we may say the Angell and his power are both created at once but David was not both borne the Son of Iesse and a King at once and the P. Prelate by this may prove it is not lawfull to resist the Divell for he is of the number of these created Angells Col. 1. as he is a Divell because in resisting the Divell as a Divell we must resist an Angell of God and a Principality 4. To speake ill of dignities 2 Pet. 2. and Iud. 8. Piscator insinuateth is to speake evill of the very Office of Rulers as well as of their manners and Theodat saith on 2 Pet. 2. that these Raylers spake evill of the place of Governours and Masters as unbeseeming beleevers All our Interpreters as Beza Calvin Luther Bucer Marloratus from the place saith It is a speciall reproofe of Anabaptists and Libertines who in that time maintained that we are all free men in Christ and that there should not be Kings Masters nor any Magistrates however the abstract is put for the concrete its true and it saith we are not to raile upon Nero but to say Nero was a persecutor of Christians and yet obey him commanding what is just are very consistent 5. The persons are proposed Rom. 13. to be the object of our obedience saith D. Ferne it is very true but he is ignorant of our mind in exponing the word Person we never meant that feare honour royalty tribute must be due to the abstracted accident of Kingly Authority and not to the man who is King Nor is it our meaning that Royalty in abstracto is Crowned King and is anoynted but that the Person is crowned and anoynted But againe by a person we meane nothing lesse then the man Nero wasting Rome burning crucifying Paul and torturing Christians and that we owe subjection to Nero and to his person in concreto as to Gods ordinance Gods Minister Gods sword-bearer in that notion of a Person is that only that we deny Nay in that Nero in concreto to us is no Power ordained of God no Minister of God but a Minister of the Divell and Sathans armour-bearer and therefore we owe not feare honour subjection and tribute to the Person of Nero. But the Person thus far is the object of our obedience that feare honour subjection and tribute must be due to the man in concreto to his Person who is Prince but not because he is a man or a person simply or a sword-bearer of Papists but for his office for that eminent place of royall dignity that God hath conferred on his Person We know the light of the Sun the heate of fire in abstracto doe not properly give light and heat but the Sun and fire in
man to self-defâ—nce 7. The Law of nature excepteth no violence whether inflicted by a magistrate or any other unjust violence from a ruler is twice injustice 1. He doth unjustly as a man 2. As a member of the common-wealth 3. He committeth a speciall kind of sin of injustice against his office but it is absurd to say we may lawfully defend our selves from smaller injuries by the law of nature and not from the greater If the Pope saith Fer. Vasquez illust quest l. 1. c. 24. n. 24 25. command to take away benefices from the just owner these who are to execute his commandement are not to obey but to write back that that mandat came not from his holinesse but from the avarice of his Officers but if the Pope still continue and presse the same unjust Mandat the same should be written againe to him and though there be none above the Pope yet there is naturall self-defence patent for all Defensio vitae nece aria est à jure naturali profluit L. ut vim ff de just jure 16. Nam quod quisque ob tutelam corporis sui fecerit jure fecisse videatur C. jus naturale 1. distinc l. 1. ff de vi vi armata l. injuriarum ff de injuria C. significasti 2. de hom l. scientiam sect qui non aliter ff ad leg Aquil. C. si vero 1. de sent excom l. sed etsi ff ad leg Aquil. etiamsi sequatur homicidium Vasquez l. 1. c. 17. n. 5. etiam occidere licet ob defensionem rerum Vim vi repellere omnia jura permittunt in C. signisicasti Garcias Fortunius Comment in l. ut vim ff de instit jur n. 3. defendere se est juris naturae gentium A jure civili fuit additum moderamen inculpatae tutelae Iac. Novel defens n. 101. Occidens Principem vel alium Tyrannidem exercentem à poena homicidii excusatur Grotius de jure belli pacit l. 2. c. 1. n. 3. Si corpus impetatur vi presente cum periculo vitae non aliter vitabili tunc bellum est licitum etiam cum interfectione periculum inferentis ratio natura quemque sibi commendat Barcl advers Monar l. 3. c. 8. est jus cuilibet se tenendi adversus immanem sevitiam But what ground saith the Royalist is there to take Arms against a King Ielousies and suspitions are not enough Ans. The King sent first an Armie to Scotland and blocked us up by sea before we took Armes 2. Papists were armed in England they have professed themselves in their Religion of Trent to â—e so much the holyer that they root out Protestants 3. The King declared we had broken loyalty to him since the last Parliament 4. He dâ—clared both Kingdoms Rebels 5. Attempted in his Emissaries to destroy the Parliament 6. And to bring in a forraigne enemie And the Law saith An imminent danger which is a sufficient warrant to take up Armes is not strokes but either the terrour of Armour or threatning Glossator in d. l. 1. C. Vnde vi ait non esse verbera expectanda sed vel terrorem armorum sufficere vel minas hoc esse imminens periculum L. Sed si quemcunque in princ ff ad leg Aquil. l. 3. quod qui armati ff de vi vi armata is qui aggressorem C. ad legem C. ad legem Corneli In most hainous sinnes conatus the endeavour and aime etiamsi effectus non sequatur puniri debet is punishable Bartoln in l. Si quis non dicam rapere The King hath aimed at the destruction of his Subjects through the power of wicked counsellors and we are to consider not the intenton of the workes but the nature and intention of the work Papists are in armes their religion the Conspiracy of Trent their conscience if they have any their malice against the covenant of Scotland which abjureth their Religion to the full their ceremonies their Prelates lead and necessitate them to root out the name of Protestant Religion yea and to stab a King who is a Protestant Nor is our King remaining a Protestant and adhering to his oath made at his Coronation in both kingdomes Lord of his own person master of himself nor able as King to be a King over Protestant subjects if the Papists now in armes under his standard shall prevail The King hath been compâ—lled to go against his own oath and the Lawes which he did swear to maintaine The Pope sendeth to his popish armies both dispensations bulls mandats incouragements The King hath made a cessation with the bloody Irish and hath put arms in the hands of Papists Now he being under the oath of God tied to maintain the Protestant Religion he hath a metaphysically subtle pearcing faith of miracles who beleeveth armed Papists and Prelates shall defend Protestants their Religion and these who have abjured Prelats as the lawful sons of the Pope that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and as the law saith Quilibet in dubio praesumitur bonus L. merito praesumi L. non omnes § à Barbaris de re milit Charity beleeveth not ill So Charity is not a foole to beleeve all things So saith the Law Semel malus semper praesumitur malus in eodem genere C. semel malus de jure gentium in 6. Once wicked is alwayes wicked in that kind Marius Salamonius I. C. in L. ut vim atque injuriam ff de just jure We are not to wait on strokes the terrour of armour omnium consensu by consent of all is sufficient n. 3. If I see saith he the enemy take an arrow out of the Quiver before he bend the bow it is lawfull to prevent him with a blow cunctatio est periculosa The Kings comming with armed men to demand the Five Members into the House of Commons is very symbolicall and Warre was printed on that fact he that runneth may reade His comming to Hull with an Armie saith not he had no errand there but aske what it was in the clock See Novellus that learned Venetian Lawyer in a Treatise for defence he maketh continuatam rixam a continued upbraiding a sufficient ground of violent defence He citeth Doctores Comniter in L. ut vim ff de just jure Yea he saith Drunkennesse defens n. 44. Error n. 46. Madnesse n. 49 50. Ignorance n. 51 52. Impudence n. 54. Necessity n. 56. Lasciviousnesse 58. Continuall reproaches 59. The fervour of anger 64. Threatning 66. Feare of imminent danger 67. Iust grief doe excuse a man from homicide and that in these he ought to be more mildly punished Quia obnubilatum mancum est consilium Reason in these being lame and clogged Ambros. l. 1. offic Qui non repellit injuriam à socio cum potest tam est in vitio quam ille quifacit And as Nature so the Law saith When the losses are such as can never be repaired as Death
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 â—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 tâ—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 â—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 answâ—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 â—re the messengers came to him he said to the Elders See now the sonnâ— 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 introirâ— 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. forgeâ—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 â—odâ—ly 〈◊〉 in the case of uâ—jâ—st and violent invasion It is a vaine thing to say Who shall be judge betweene the King and his subjâ—cts The â—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
the formality of a judge in things evident to natures eye such as are manifestly unjust violences Nature in acts naturall of self-defence is judge party accuser witnesse and all for it is supposed the Judge is absent when the Judge doth wrong And for the plea of Elisha's extraordinary spirit it is no thing extraordinary to the Prophet to call the King the sonne of a murtherer when hee complaineth to the Elders for justice of his oppression no more then it is for a plaintiffe to libell a true crime against a wicked person and if Elisha's resistance came from an extraordinary spirit then it is not naturall for an oppressed man to close the doore upon a murtherer then the taking away of the innocent Prophets head must be extraordinary for this was but an ordinary and most naturall remedy against this oppression and though to name the King the sonne of a murtherer be extraordinary and I should grant it without any hurt to this cause it followeth no wayes that the self-defence was extraordinary 3. 2. Chron. 26.17 Foure score of Priests with Azariah are commended as valiant men LXX 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montan. filii virtutis Men of courage and valour for that they resisted Vzziah the King who would take on him to burne Incense to the Lord against the Law M. Symmons pag. 34. sect 10. They withstood him not with swords and weapons but onely by speaking and one but spake I answer It was a bodily resistance for beside that Ierome turneth it Viri fortissimi Most valiant men And it is a speech in the Scripture taken for men valorous for warre As 1 Sam. 14.25 2 Sam. 17.10 1 Chron. 5.18 And so doth the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potent in valour And the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Sam. 24.9 2 Sam. 11.16 1 Sam. 31.12 and therefore all the 80. not onely by words but violently expelled the King out of the Temple 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Mont. â—â—â—eterunt contra a Huzzi-Iahu the LXX say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They resisted the King so Dan. 11.17 The armies of the south shall not stand Dan. 8 25. It is a word of violence 3. The text saith ver 20. and they thrust him out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ar. Mont. fecerunt eum festinare Hyâ—rony festinatò expulerunt eum The LXX say The Priest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Vatablus they cast him out And 4. it is said ver 21. he was cut off from the house of the Lord. Doctor Ferne saith sect 4. pag. 50. They are valiant men who dare withstand a King in an evil way by a home reproofe and by withdrawing the holy things from him especially since by the law the leper was to be put out of the congregation Ans. 1. He contradicteth the text it was not a resistance by words for the text saith they withstood him and they thrust him out violently 2. He yeeldeth the cause for to withdraw the holy things of God by corporall violence and violently to pull the censer out of his hand that he should not provoke Gods wrath by offering incense to the Lord is resistance and the like violence may by this example be used when the King useth the sword and the Militia to bring in an enemy to destroy the kingdom it is no lesse in justice against the second table that the King useth the sword to destroy the innocent then to usurpe the censor against the first table But Doctor Ferne yeeldeth that the censor may be pulled out of his hand lest he provoke God to wrath Ergo by the same very reason à fortiore the Sword the Castles the Sea-ports the Militia may be violently pulled out of his hand for if there was an expresse Law that the leper should be put out of the congregation and therefore the King also should be subject to his Church-censor then he subjecteth the King to a punishment to be inflicted by the subjects upon the King Ergo the King is obnoxious to the coactive power of the law 2. Ergo subjects may judge him and punish him 3. Ergo he is to be subject to all Church-censors no lesse then the people 4. There is an expresse law that the leper should be put out of the congregation What then flattering court Divines say the King is above all these lawes for there is an expresse law of God as expresse as that ceremoniall on touching lepers and a more binding law that the murtherer should die the death Will Royalists put no exception upon a ceremoniall law of expelling the leper and yet put an exception upon a Divine morall law concerning the punishing of murtherers given before the law on Mount Sinai Gen. 6.9 They so declare that they accept the persons of men 5. If a leper King could not actually sit upon the throne but must be cut off from the house of the Lord because of an expresse law of God these being inconsistent that a King remaining amongst Gods people ruling and raigning should keep company with the Church of God and yet be a leper who was to be cut off by a Divine law from the Church now I perswade my self that far lesse can he actually raigne in the full use of the power of the sword if he use the sword to cut off thousands of innocent people because murthering the innocent and fatherles and Royall governing in Righteousnesse and Godlinesse are more inconsistent by Gods law being morally opposite then remaining a governour of the people and the disease of leprosie are incompatible 6. I think not much that Barcley saith cont Monar l. 5. c. 11. Vzziah remained King after he was removed from the congregation for leprosie 1. Because that toucheth the question of dethroning Kings this is an argument brought for violent resisting of Kings and that the people did resume all power from Vzziah and put it in the hand of Iotham his son who was over the Kings house judging the people of the land ver 21. And by this same reason the Parliaments of both Kingdomes may resume the power once given to the King when he hath proved more unfit to governe morally then Vzziah was ceremonially that he ought not to judge the people of the land in this case 2. If the priâ—sts did execute a ceremoniall law upon King Vzziah Far more may the three estates of Scotland and the two houses of Parliament of England execute the morall law of God on their King If the people may covenant by oath to rescue the innocent and unjustly condemned from the sentence of death notoriously known to be tyranous and cruel then may the people resist the King in his unlawfull practises But this the people did in the matter of Ionathan M. Symmons saith pag. 32. and Doctor Ferne § 9.49 That with no violence but by prayers and teares the people saved Jonathan as Peter was rescued out of prison by
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 lawlesse 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 actâ— 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 â—â—eping 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 Angels shall guard them but onâ—ly 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 sheepe 3. A power to doe ill without resistance is not security Object 15. If God appoint Ministers to preach then the sheep cannot seeke safety elsewhere Ergo. Answ. The wife is obliged to bed and board with her husband but not if she feare he will kill her in the bed The obedience of positive duties that subjects owe to Princes cannot loose them from Natures law of self-preservation nor from Gods Law of defending Religion against Papists in Armes nor are the sheep obliged to intrust themselves but to a saving shepherd Object 16. If self-defence and that by taking up Armes against the King he an unlawfull duty how is it that you have no practise no precept no promise for it in all the word of God 1. You have no practise Ahab sold himselfe to do evill he was an Idolater and killed the Prophets and his Queene a bloody Idolatresse stirred him up to great wickednesse Elias had as great power with the people as you have yet hee never stirred up the people to take Armes against the King Why did God at this time rather use an extraordinary meanes of saving his Church Arnisaeus de autho Princ. c. 8. but Elias only fled Nebuchadnezer Ahab Manassah Julian were Tyrants and Idolaters the people never raised an Armie against them B. Williams of Ossorie p. 21. Deut. 14. If brother son daughter wife or friend intice thee to follow strange gods kill them not a word of the father Children are to love Fathers not to kill them Christ saith John P.P. in the cradle taught by practise to flee from Herod and all Christs acts and sufferings are full of mysteries and our instructions Hee might have had legions of Angels to defend him but would rather worke a miracle in curing Malchus eare as use the sword against Caesar If Sectaries give us a new Creed it will concerne them neere with expunging Christs descent into hell and the communion of Saints to raze out this He suffered under Pontius Pilate My resolution is for this sin of yours to dissolve in teares and Prayers and with my Master say daylie and hourely Father forgive them c. Christ thought it an uncouth spirit to call for fire from heaven to burne the Samaritans because they refused him lodging 2. The Prophets cried out against Idolatry blasphemy murther adultery c. and all sins never against the sin of neglect and murtherous omission to defend Church and Religion against a tyrannous King 3. No promise is made to such a rebellious insurrection in Gods word Answ. It is a grâ—at non-consâ—quence this duty is not practised by any examples in Gods word Ergo. It is no duty Practice in Scripture is a narrow rule of faith Shew a practice when a husband stoned his wife because she inticed him to follow strange Gods Yet it is commanded Deut. 13.6 when a man lying with a beast is put to death Yet it is a Law Exod. 22.19 infinite more Lawes are the practise of which we finde not in Scripture 2. Iehu and the Elders of Israel rooted out Ahabs posterity for their Idolatry and if Iehu out of sincerity and for the zeale of God had done what God commanded he should have beene rewarded for say that it was extraordinary to Iehu that he should kill Ahab yet there was an expresse Law for it that he that stirreth up others to Idolatry should die the death Deut. 13.6 and there is no exception of King or Father in the Law and to except father or mother in Gods matters is expresly against the zeale of God Deut. 33.9 And many grave Divines think the people to be commended in making Iehu King and in killing King Nabad and smiting all the house of Iereboam for his Idolatry they did that which was a part of their ordinary duty according to Gods expresse Law Deut. 13.6 7 8 9. though the facts of these men be extraordinary 3. Ahab and Iezabelâ—aisâ—d â—aisâ—d not an Armie of Idolaters Malignants such as are Papists Prelates and Cavalliers against the three Estates to destroy Parliaments Lawes and Religion and the people conspired with Ahab in the persecution and Idolatry to forsake the Covenant throw dowwe the Altars of God and slay his Prophets so as in the estimation of Elias 1 King 19.9 10 11. there was not one man but they were Malignant Cavalliers and hath any Elias now power with the Cavalliers to exhort them to rise in Armes against themselves and to shew them it is their duty
these men according to their works which forbeare to help men that are drawn to death and those that be ready to be slaine if they shift the businesse and say Behold we know not doth not he that pondereth the heart consider it When therefore the Lords Prophets complaine that the people execute not judgement relieve not the oppressed help not and rescue not those that are drawn to death unjustly by the King or his murthering Judges they expresly cry out against the sin of non-resistance 2. The Prophets cannot expresly and formally cry out against the Judges for non-resisting the King when they joyne as â—avening wolves with the King in these same acts of oppression even as the Judge cannot formally impannell 24 men sent out to guard the travellers from an arch robber if these men joyne with the robber and rob the travellers and become cut-throats as the arch robber is he cannot accuse them for their omission in not guarding the innocent travellers but for a more hainous crime that not onely they omitted what was their duty in that they did not rescue the oppressed out of the hands of the wicked but because they did rob and murther and so the lesser sinne is swallowed up in the greater The under-Judges are watchmen and a guard to the Church of God if the King turn a bosome robber their part is Ier. 22.3 to deliver the spoiled out of the hand of the oppressour to watch against domestick and forraine enemies and to defend the flock from wolves Ezek. 23.2 3 4. Ier. 50.6 to let the oppressed goe free and to break every yoak Esay 58.6 to break the jawes of the wicked and pluck the spoile out of his teeth Job 29.17 Now if these Judges turne Lyons and ravening Wolves to prey upon the flock and joyne with the King as alwayes they did when the King was an oppressor his Princes made him glad with their lies and joyned with him and the people with both Ier. 1.18 Ier. 5.1 Ier. 9.1 Mic. 7.1 Ezek. 22.24 25 26 27 28 29 30 31. Ier. 15.1 2 3. It is no wonder if the Prophets condemne and cry out against the hugest and most bloody crime of positive oppression formally and expresly and in that their negative murthers in not releeving the oppressed must also be cryed out against 13. The whole Land cannot formally be accused for non-resistance when the whole Land are oppressors for then they should be accused for not resisting themselves 14. The King ought to resist the inferiour judges in their oppression of the people by the confession of Royalists then this argument cometh with the like force of strength on themselves let them shew us practice precept or promise in the Word where the King raised an Armie for defence of Religion against Princes and people who were subverting Religion and we shall make use of that same place of Scripture to prove that the Estates and people who are above the King as I have proved and made the King may and ought to resist the King with the like force of Scripturall truth in the like case 16. Royalists desire the like president of practice and precept for defensive warres but I answer let them shew us a practice where any King of Israel or Judah raised an Armie of Malignants of Phylistims Sydonians Ammonites against the Princes of Israel and Judah conveened in an Assemblie to take course for bringing home the captived Arke of God and vindicating the Lawes of the Land and raised an Armie contrary to the knowledge of the Elders Princes and Judges to set up Dagon or tollerate the worship of the Sydonian gods and yet Princes Elders Judges and the whole people were obliged all to flee out of Gods land or then onely to weep and request that the King would not destroy souls and bodies of them and their innocent posterities because they could not in conscience imbrace the worship of Dagon and the Sydonian gods when the Royalist can parallel this with a precedent we can answer there was as smal apparency of precedency in Scripture except you flee to the law of nature that 80 Priests the Subjects of King Vzziah should put in execution a penall Law against the Lords Annoynted and that the inferiours and subjects should resist the Superiour and that these Priests with the Princes of the land should remove the King from actuall government all his dayes and crown his son at least make the father their Prince and superiour as Royalists say as good as a Cypher Is not this a punishment inflicted by inferiours upon a superiour according to the way of Royalists Now it is clear a worshipping of bread and the Masse commanded and against law obtruded upon Scotland by influence of the counsell of known Papists is to us and in it self as abominable as the worshiping of Dagon or the Sydonian Gods and when the Kingdom of Scotland did but conveen supplicat and protest against that obtruded Idolatry they were first declared rebels by the King and then an army raised against them by Prelates and Malignants inspired with the spirit of Anti-christ to destroy the whole land if they should not submit soul and conscience to that wicked service QUEST XXXV Whether or no the sufferings of the Martyrs in the Primitive Church militate against the lawfulnesse of defensive wars ROyalists think they burden our Cause much with hatred when they bring the Fathers and ancient Martyrs against us So the P. Prelate extracted out of other Authors testimonies for this and from I. Armagh in a Sermon on Rom. 13. pag. 20 21. So the Do. of Aberdeene The Prelat proveth from Clem. Alexand. l. 7. c. 17. That the King is constituted by the Lord. So Ignatius Answ. 1. Except he prove from these Fathers that the King is from God onely and immediately he proveth nothing Obj. 2. Iren. l. 5. adv haer c. 20. proveth that God giveth Kingdomes and that the devill lied Luk. 4. and we make the people to make Kings and so to be the children of the Devill Answ. If we denyed God to dispose of Kingdomes this man might alledge the Church of God in England and Scotland to be the sons of Satan But Gods Word Deut. 17.18 and many other places make the people to make Kings and yet not devils But to say that Prelates should crowne Kings and with their foule fingers anoint him and that as the Popes substitutes is to make him that is the sonne of perdition a Donor of Kingdoms also to make a man with his bloodie sword to ascend to a throne is to deny God to be the disposer of Kingdoms and Prelats teach both these Obj. 3. Tertul. Apol. c. 30. Inde est Imperator unde homo antequam imperator inde potestas illi unde spiritus God is no lesse the Creator of Soveraigntie then of the soul of man Answ. God onely maketh Kings by his absolute soveraignty as he onely maketh high and low and
power and therefore nomine juris by the word law here he understandeth a power granted by law jure or right to the King but pernitious to the people which Gregory calleth jus regium Tyrannorum the Royall law of Tyrants So Seneca 1 de clem c. 11. hoc interest inter regem Tyrannum Species ipsa fortunae ac licentiae par est nisi quod Tyranni ex volutate saeviunt Reges non nisi ex causa necessitate quid ergo non Reges quoque accidere solent sed quoties fieri publica utilitas persuadet Tirannis saevitia cordi est A Tyran saith Arnisaeus in this differeth from a King Qui ne ea quidem vult quae sibi licent that a King will not do these things which are lawfull a Tyran doth quae libet what he pleaseth to do Answ. Arnisaeus bewrayeth his ignorance in the Scriptures for the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth a custome and a wicked custome as by many Scriptures I have proved already his reasons are poor It is the manner of inferiour judges as we see in the sons of Eli and Samuel to pervert judgment as well as King Saul did but the King may more oppresse and his Tyranny hath more colour and is more catholick then the oppression of inferiour judges it is not Samuels purpose thus to distinguish the judges of Israel and the kings in that the judges had no power granted them of God to oppresse because the people might judge their judges and resist them and there was power given of God to the king so far to play the Tyrant that no man could resist him or say what dost thou the text will not beare any such difference for it was as unlawfull to resist Moses Ioshua Samuel as Royalists prove from the judgement of God that came upon Core Dathan and Abiram as to resist King Saul and King David Royalists doubt not to make Moses a King It was also no lesse sin to resist Samuels sons or to do violence to their persons as judging for the Lord and sent by the supreme judge their father Samuel then it was sin to resist many inferiour Judges that were Lyons and even Wolves under the Kings of Israel and Iudah so they judged for the Lord and as sent by the Supreme Magistrate But the difference was in this that judges were extraordinarily raised up of God out of any tribe as he pleased and were beleevers Heb. 11.32 Saved by faith and so used not their power to oppresse the people though inferiour judges as the sons of Eli and of Samuel perverted judgment and therefore in the time of the judges God who gave them saviours and judges was their King but Kings were tied to a certaine tribe especially the line of David to the Kingdom of Iudah 2. They were hereditary judges not so 3. They were made and chosen by the people Deut. 17.14.15 1 Sam. 10.17 18 19 20. 2 Sam. 5.1 2 3. as were the Kings of the nations and the first King though a King be the lawfull ordinance of God was sought from God in a sinfull imitation of the nations 1 Sam. 8.19 20. and therefore were not of Gods peculiar election as the judges and so they were wicked men and many of them yea all for the most part did evil in the sight of the Lord and their law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their manner and custome was to oppresse the people and so were their inferiour judges little Tyrants and lesser Lyons Leopards evening Wolves Ezech. 22.27 Mic. 3.1 2 3. Esa. 3.14 15. And the Kings and inferiour judges are onely distinguished de facto that the King was a more Catholick oppressour and the old Lyon and so had more art and power to catch the prey then the inferiour judges who were but whelps and had lesse power but all were oppressors some few excepted and Samuel speaketh of that which Saul was to be de facto not de jure and the most part of the Kings after him and this Tyranny is well called jus regis the manner of the King and not the manner of the jugdes because it had not been the practice custome and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the beleeving judges before Sauls Reigne and while God was his peoples King 1 Sam. 8.7 to oppresse 3. We grant that all other inferiour judges after the people cast off Gods government and in imitation of the nations would have a King were also lesser Tyrants as the King was a greater Tyrant and that was a punishment of their rejecting God and Samuel to be their King and judge 4. How shall Arnisaeus prove that this manner or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the King wâ—s potestas concessa a power granted I hope granted of God and 〈…〉 abuse of Kingly power for then he and Royalists must say that all the acts of Tyranny ascribed to King Saul 1 Sam. 8.11 12 13 14. by reason of which they did cry out and complaine to God because of their oppression was no abuse of power given to Saul Ergo it was an use and a lawfull use of power given of God to their King for there is no medium or mids betwixt a lawfull power used in morall acts and a lawfull power abused and indeed Arnisaeus so distinguisheth a King and a Tyrant that he maketh them all one in nature and spece He saith a Tyrant doth quod licet that which by Law he may do and a King doth not these things quae licent which by Law he may do but so to me it is clear a Tyrant acting as a Tyrant must act according to this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 law of the King and that which is lawfull and a King acting as a King and not doing these things that are lawfull must sin against his office and the power that God hath given to him which were to commend and praise the Tyrant and to condemne and dispraise the King 3. If this Law of the King be a permissive Law of God which the king may out of his absolutenesse put in execution to oppressâ— the people such as the law of a bill of divorcement as Arnisaeus Barcklay and other Royalists say then must God have given a Law to every King to play the Tyrant because of the hardnesse of the Kings heart but we would gladly see some word of God for this The Law of a bill of Divorcement is a meere positive Law permitted in a particular exigent when a husband out of levity of heart and affection cannot love his wife therefore God by a Law permitted him out of indulgence to put her away that both he might have a seed the want whereof because of the blessed seed to be borne of woman was a reproach in Israel and though this was an affliction to some particular women yet the intent of the Law and the soul thereof was a publique benefit to the Common-wealth of Israel of which sort of Lawes I judge the
but they do not swear any oath it is true that an oath adeth nothing to a contract and promise but onely it laies on a religious tie before God yet so as consequently if the contractor violate both promise and oath he cometh under the guilt of perjury which a law of men may punish Now that a covenant bringeth the King under a politique obligation as well as an oath is already proved and farther confirmed by Gal. 3.15 Though it be a mans testament or covenant no man disanulleth and addeth thereunto No man even by mans law can anull a confirmed covenant and therefore the man that made the covenant bringeth himself under law to fulfill his own covenant and so must the King put himself under mens law by a covenant at his Coronation Yea and David is reputed by Royallists an absolute Prince yet he cometh under a covenant before he be made King 3. It is but a weak reason to say that an oath is needlesse where no action of law can be against the King who sweareth if it have any strength of reason I retort it a legall and solemne promise then is needlesse also for there is no action of law against a King as Royalists teach if he violate his promise So then King David needlesly made a Covenant with the people at his Coronation for though David should turne as bloody an enemie to the Church as Nero or Iulian the people have no Law-action against David and why then did Ieremiah seek an oath of the King of Iudah that he would not kill him nor deliver him into the hands of his enemies and why did David seek an oath of Ionathan It is not like Ieremiah and David could have law-action against a King and a Kings son if they should violate the oath of God And farther it is a begging of the question to say that the States can have no action against the king if he should violate his oath Hugo Grotius putteth seven cases in which the people may have most reall action against the King to accuse and punish him 1. They may punish the King to death for matters capitall if so it be agreed on betwixt the King and the people as in Lacedemonia 2. He may be punished as a private man 3. If the King make away a Kingdome given to him by succession his act is null and he may be resisted because the Kingdome is a life-rent onely to him Yea saith Barclay He loseth the Crown 4. He loseth his Kingdom if with a hostile mind he seek the destruction of the Kingdome 5. If such a clause be put in that if he commit felonie or doe such oppressions the Subjects shall be loosed from the bonds of subjection then the King failing thus turneth a private man 6. If the King have the one halfe or part of the Kingdome and the people or Senate the other halfe if the King prey upon that half which is not his owne he may violently be resisted for in so farre he hath not the Empire 7. If when the Crowne was given this be declared that in some cases he may be resisted then some naturall liberty is free from the Kings power and reserved in the peoples hand It is then reason that the King sweare an oath 4. That the Kings oath is but a ceremonie to please the people and that because he is king and king by birth therefore he sweareth and is crowned is in question and denyed No man is borne a king as no man is borne a subject and because the people maketh him King therefore he is to swear The councel of Toledo saith non antea conscendat regiam sedem quam iuret 2 An oath is a religious obligation no arbitrary ceremony 3. He may swear in his cabinet chamber not covenanting with the people as David and Iehoash did 4. So he maketh promises that he may be King not because he is King it were ridiculous he should promise or swear to be a just King because he is a just King and by the same reason the estates swear the oath of loyalty to the new King not that they may be loyall in all time coming but because they are loyall Subjects already for if the one half of the covenant on the Kings part be a ceremony of indulgence not of necessity by the same reason the other half of the covenant must be a ceremony of indulgence also to the people Object Arnisaeus saith a contract cannot be dissolved in law but by consent of two parties contracting because both are obliged l. ab emptione 58. in pr. de pact l. 3. de rescind vend l. 80. de solu Therefore if the subjects go from the covenant that they have made to be loyall to the King they ought to be punished Answ. A contract the conditions whereof are violated by neither side cannot be dissolved but by the joynt consent of both and in buying and selling and in all contracts unviolated the sole wil of neither side can violate the contract of this speaketh the law But I ask the Royalist if the contract betwixt the spies sent to view Iericho and Rahab the harlot had not been null and the spies free from any obligation if Rahab had neglected to keep within doors when Iericho was taken though Rahab and the spies had never consented expresly to break the covenant We hâ—ld that the law saith with us that vassals lose their farme if they pay not what is due Now what are Kings but vassals to the State who if they turne Tyrants fall from their Right Arnisaeus saith in the councell of Toledo 4. c. 74. The subjects ask from the King that Kings would be meek and just not upon the ground of a voluntarie Contract and Paction but because God shall rejoice in King and People by so doing Answ. These two do no more fight one with another then that two Marchants should keep faith one to another both because God hath said he shall dwell in Gods mountaine who sweareth and covenanteth and standeth to his oath covenant though to his losse hurt Psa. 15. and also because they made their covenant and contract thus and thus Arnisaeus 16. Every Prince is subject to God but not as a vassal for a Master may commit felonie and lose the proprietie of his farme can God do so The Master cannot take the farme from the vassal without an expresse cause legally deduced but cannot God take what he hath given but by a law-Processe a vassall can intitle to himself a farme against the Masters will as some jurists say but can a Prince intitle a kingdom to himself against the God of heavens will though we grant the comparison yet the subjects have no law over the Kings because the coercive power of the vassal is in the Lord of the manner the punishing of Kings belongeth to God Answ. We compare not the lord of a mannor and the Lord of Heaven together all these
dissimilitudes we grant but as the King is Gods vassal so is he a noble and Princely vassal to the Estates of a kingdom because they make him 2. They make him rather then another their noble servant 3. They make him for themselves and their own Godly quiet and honest life 4. They in their first election limit him to such a way to governe by law and give to him so much power for their good no more in these four acts they are above the Prince and so have a coercive power over him Arnisaeus n. 9. It is to make the Princes fidelity doubtfull to put him to an oath Lawyers say there is no need of an oath when a person is of approved fidelitie Answ. Then we are not to seek an oath of an inferiou r Magistrate of a Commander in wars of a pastor it is presumed these are of approved fidelity and it maketh their integritie obnoxious to slandâ—rs to put them to an oath 2. David was of more approved fidelity then any King now adayes and to put him to a covenant seemed to call his fidelity in question Ionathan sought an oath of David to deal kindly with his seed when he came to the throne Ieremiah sought an oath of the King of Iudah did they put any note of false-hood on them therefore Arnisaeus You cannot prove that ever any King gave an oath to their subjects in Scriptures Answ. What more unbeseeming Kings is it to swear to do their duty then to promise covenant wayes to do the same and a covenant you cannot deny 2. In a covenant for religious duties there was alwayes an oath 2 Chro. 15.12 13 14. hence the right of cutting a calf and swearing in a covenant Ier. 34.18 3. There is an oath that the people giveth to the King to obey him Eccles. 8.2 and a covenant 2 Sam. 5.1 2 3. mutuall between the king and people I leave it to the juditious if the people swear to the king obedience in a covenant mutuall and he swear not to them Arnisaeus sheweth to us a third sort of oath that limited Princes do swear this oath in Denmarke Suecia Polonia Hungaria is sworne by the kings who may do nothing without consent of the Senat and according to order of Law this is but the other two oathes specified and a Prince cannot contraveen his own contract the law saith in that the Prince is but as a private man in l. digna vox C. de ll Rom. cons. 426. n. 17. And it is known that the Emperour is constituted and created by the Princes Electors subject to them and by Law may be dethroned by them The B. of Rochester saith from Barclay none can denude a King of his power but he that gave him the power or hath an expresse commandement so to do from him that gave the power But God onely and the people gave the King his power Ergo God with the people having an expresse commandement from God must denude the King of power Answ. 1. This shall prove that God onely by an immediat action or some having an expresse commandement from him can deprive a preacher for scandals Christ onely or those who have an expresse commandement from him can excommunicate God only or the magistrate with him can take away the life of man and Numb 11.14 15 16. No inferiour Magistrates who also have their power from God immediatly Rom. 13.1 If we speak of the immediation of the office can devide inferiour judges of their power God only by the husbandmans paines maketh a fruitfull vineyard Ergo the husbandman cannot make his vineyard grow over with nettles and briars 2. The argument must run thus else the assumption shall be false God onely by the action of the people as his instrument and by no other action make a lawfull King God onely by the action of the people as his instrument can make a King God onely by the action of the people as his instrument can dethrone a King for as the people making a King are in that doing what God doth before them and what God doth by them in that very act so the people unmaking a King doth that which God doth before the people both the one and the other according to Gods rule obligeth Deut. 17.14.15.16.17.18.19.20 The Prelate whose tribe seldom saith truth addeth As a fatherly power by God and natures law over a family was in the father of a family before the children could either transfer their power or consent to the translation of that power to him so a Kingly power which succeedeth to a paternal or fatherly power to governe many families yea a Kingdom was in that same father in relation to many families before these many families can transfer their power The Kingly power floweth immediately from God the people doth not transfer that power but doth onely consent to the person of the King or doth onely choose his person at some time And though this power were principally given to the people it is not so given to the people as if it were the peoples power not Gods for it is Gods power neither is it any other waies given to the people but as to a streame a beam and an instrument which may confer it to another M. Anton. de domini l. 6. c. 2. n 22.23 doth more subtilly illustrate the matter if the King should confer honour on a subject by the hand of a servant who had not power or freedom to confer that honour or not to confer it but by necessity of the Kings commandment must confer it nothing should hinder us to say that such a subject had his honour immediately from the King so the earth is immediately illuminated by the sun although light be received in the earth but by the interveening mediation of many inferiour bodies and elements because by no other thing but by the sun only is the light as an efficient cause in a nearest capacity to give light so the Royall power in whomsoever it be is immediatly from God onely though it be applyed by men to this or this person because from God onely and from no other the Kingly power is formally and effectively that which it is and worketh that which it worketh and if you ask by what cause is the tree immediatly turned in fire none sound in reason would say it is made fire not by the fire but by him that laid the tree on the fire Iohn P. P. would have stollen this argument also if he had been capable thereof Ans. 1. A fatherly power is in a father not before he have a child but indeed before his children by an act of their free-will consent that he be their father yea whether the children consent or no from a physical act of generation he must be the father let the father be the most wicked man let him be made by no moral requisite is he made a father nor can heever leave off physically
a King As if weaknesse were essentiall to strength and a King could not be powerfull as a King to doe good and save and protect except he had power also as a Tyrant to doe evill and to destroy and waste his people This power is weaknesse and no part of the image of the greatnesse of the King of Kings whom a King representeth 2. The second Reason condemneth Democracie and Aristocracie as unlawfull and maketh Monarchie the only Physick to cure these as if there were no Government an ordinance of God save only absolute Monarchie which indeed is no ordinance of God at all but contrary to the nature of a lawfull King Deut. 17.3 3. That people must part with their native right totally to make an absolute Monarch is as if the whole members of the Body would part with their whole nutritive power to cause the Milt to swell which would be the destruction of the Body 4. The people cannot divest themselves of power of defensive Warres more then they can part with Nature and put themselves in a condition inferior to a slave who if his master who hath power to sell him invade him unjustly to take away his life may oppose violence to unjust violence And the other Consequences are null QUEST XLII Whether all Christian Kings are dependent from Christ and may be called his Vicegerents THe P. Prelate taketh on him to prove the truth of this but the question is not pertinent it belongeth to another head to the Kings power in Church matters I therefore only examine what he saith and follow him P. Prelate Sectaries have found a Quere of late that Kings are Gods not Christs Lieutenants on earth Romanists and Puritans erect two Soveraignes in every State The Jesuite in the Pope the Puritan in the Presbyterie Ans. We give a reason why God hath a Lieutenant as God Because Kings are Gods bearing the sword of vengeance against seditious and bloody Prelates and other ill-doers But Christ God-Man the Mediator and Head of the body the Church hath neither Pope nor King to be head under him The sword is communicable to men but the Headship of Christ is communicable to no King nor to any created shoulders 2. The Iesuite maketh the Pope a King and so this P. Prelate maketh him in extent the Bishop of Bishops and so King as I have proved But we place no Soveraigntie in Presbyteries but a meere ministeriall power of servants who doe not take on them to make Lawes and Religious Ceremonies as Prelates doe who indeed make themselves Kings and Law-givers in Gods house P. Prelate We speake of Christ as Head of the Church Some think that Christ was King by his Resurrection jure acquisito by a new title Right of merit I think he was a King from his conception Ans. You declare hereby that the King is a ministeriall Head of the Church under the head Christ. All our Divines disputing against the Popes headship say No mortall man hath shoulders for so glorious a head You give the King such shoulders But why are not the Kings euen Nero Iulian Nebuchadnezzar Belshazer Vicegerents of Christ as Mediator as Priest as Redeemer as Prophet as Advocate presenting our prayers to God his Father What action I pray you have Christian Kings by office under Christ in dying and rising from the dead for us in sending down the Holy Ghost preparing mansions for us Now it is as proper and incommunicably reciprocall with the Mediator to be the only Head of the body the Church Col. 1.18 as to be the only Redeemer and Advocate of his Church 2. That Christ was King from his conception as Man borne of the Virgin Mary â—uteth well with Papists who will have Christ as Man the visible Head of the Church that so as Christ-man is now in heaven he may have a visible Pope to be Head in all Ecclesiasticall matters And that is the reason why this P. Prelate maketh him head of the Church by an Ecclesiasticall right as we heard and so he followeth Becanus the Iesuite in this and others his fellowes P. Prelate 1. Proofe If Kings reigne by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per in and through Christ as the Wisdome of God and the Mediator then are Kings the Vicegerents of Christ as Mediator But the former is said Prov. 8.15 16. as D. Andrewes of blessed memorie Ans. 1. Denies the major All beleevers living the life of God ingrafted in Christ as branches in the tree Ioh. 15.1.2 should by the same reason be Vicegerents of the Mediator so should the Angels to whom Christ is a head Col. 2.10 be his Vicegerents and all the Iudges and Constables on earth should be under-Mediators for they live and act in Christ yea all the Creatures in the Mediator are made new Rev. 21.5 Rom. 8.20 21 22. 2. D. Andrewes name is a curse on the earth his writings prove him to be a Popish Apostate P. Prelate 2. Christ is not only King of his Church but in order to his Church King over the Kings and Kingdomes of the earth Ps. 2.5.8 3. Math. 21.18 To him is given all power in heaven and earth ergo all Soveraigntie over Kings Ans. 1. If all these be Christs vicegerents over whom he hath obtained power then because the Father hath given him power over all flesh to give them life eternall Ioh. 17.1.2 then are all beleevers his Vicegerents yea and all the damned men and Devils and Death and Hell are his Vicegerents for Christ as Mediator hath all power given to him as King of the Church and so power Kingly over all his enemies to reigne while he make them his footstoole Ps. 110.1.2 to break them with a rod of iron Ps. 2.9 1 Cor. 15.24 25 26 27. Revel 1.18.20 v. 10 11 12 13 14 15. And by that same reason the P. Prelates 4. and 5. Argument fall to the ground He is heire of all things ergo all things are his Vicegerents What more vaine He is Prince of the Kings of the earth and King of Oggs of Kings of his Enemies ergo Sea and Land are his Vicegerents P. Prelate Kings are nurse-fathers of the Church ergo they hold their crowns of Christ 3. Divines say that by men in sacred Orders Christ doth rule his Church mediately in those things which primely concerne salvation and that by Kings their scepter and power he doth protect his Church and what concerneth externall pompe order and decencie Then in this latter sense Kings are no lesse the immediate Vicegerents of Christ than Bishops Priests and Deacons in the former Ans. Because Kings hold their Crownes of Christ as Mediator and Redeemer it followeth by as good consequence Kings are submediators and under-Priests and Redeemers as Vicegerents Christ as King hath no visible Royall Vicegerents under him 2. Men in holy Orders sprinkled with one of the Papists five blessed Sacraments such as Antichristian Prelates unwashed Priests to offer sacrifices and Popish
Deacons are no more admitted by Christ to enter into his sanctuary as governours then the Leaper into the Campe of old and the Moabite and Ammonite were to enter into the congregation of the Lord Deut. 23.3 therefore we have excommunicated this P. Prelate and such Moabites out of the Lords house 2. What be the things that doe not primely concerne salvation the P. Prelate knoweth to wit Images in the Church Altar worship Antichristian Ceremonies which primely concerne damnation 3. I understand not what the P. Prelate meaneth that the King preserveth externall Government in order and decency in Scotland in our Parliament 1633. the prescribed Surplice and he commanded the Service-booke and the Masse-worship The Prelate degradeth the King here to make him onely keep or preserve the Prelates Masse-Clothes they intended indeed to make the King but the Popes servant for all they say and do for him now 4. If the King be vicegerent of Christ in prescribing Laws for the externall ordering of the worship and all their decent symbolicall Ceremonies What more doth the Pope and the Prelate in that kinde He may with as good warrant Preach and Administrate the Sacraments P. Prelate Kings have the sign of the Crosse on their Crowns Answ. Ergo Baculus est in angulo Prelates have put a crosse in the Kings heart and crossed Crown and Throne to Really Some Knights some Ships some Cities and Burroughes do carry a crosse are they made Christs vice-gerents of late By what antiquity doth the Crosse signifie Christ Of old it was a badge of Christians no Religious Ceremony and is this all The King is the vicegerent of Christians The Prelates we know adore the Crosse with Religious worship so must they adore the Crown P. Prelate Grant that the Pope were the Vicar of Christ in spirituall things it followeth not Ergo Kings Crowns are subject to the Pope for Papists teach that all power that was in Christ as man as power to work miracles to institute Sacraments was not transmitted to Peter and his successors Answ. This is a base consequence Make the Pope head of the Church the King if he be a mixed person that is half a Church-man and Christs Vice-gerent both he and Prelates must be members of the head Papists teach that all in Christ as man cannot be transmitted to Peter but a Ministeriall Catholike Headship say Batcanus and his fellows was transmitted from Christ as man and visible head to Peter and the Pope P. Prelate I wish the Pope who claimeth so neer alliance with Christ would learn of him to be meek and humble in heart so should he finde rest to his own soul to Church and State Answ. The same was the wish of Gerson Occam the Doctors of Paris the fathers of the Concels of Constance and Basil yet all make him head of the Church 2. The Excommunicate Prelate is turned Chaplain to Preach to the Pope the Soul-rest that Protestants wish to the Pope is That the Lord would destroy him by the Spirit of his mouth 2 Thes. 2.8 But P. Prelates This wish is a Reformation of accidents with the safety of the subject the Pope and is as good as a wish That the Devill remaining a Devill may finde rest for his soul all we are to pray for as having place in the Church are supposed members of the Church The Prelate would not pray so for the Presbytery by which he was ordained a Pastour 1 Tim. 4.14 though he be now an Apostate It is gratitude to pray for his lucky father the Pope What ever the Prelate wish we pray for and beleeve that desolation shall be his Soul-rest and that the vengeance of the Lord and of his Temple shall fall upon him and the Prelates his sons P. Prelate That which they purpose by denying Kings to be Christs Vice-gerents is to set up a Soveraignty Ecclesiasticall in Presbyteries to constrain Kings repeal his Laws correct his Satutes reverse his Judgements to cite convent and censure Kings and if there be not power to execute what Presbyteries decrees they may call and command the help of the people in whom is the underived Majstie and promise and swear and covenant to defend their fancies against all mortall men with their Goods Lands Fortunes to admit no divisive motion and this Soveraign Association maketh every private man an armed Magistrate Answ. You see the Excommunicate Apostats tusses against the Presbytery of a Reformed Church from which he had his baptism faith ministery 1. We deny the King to be the head of the Church 2. We assert that in the Pastors Doctors and Elders of the Church there is a Ministeriall power as servants under Christ in his authority and name to rebuke and censure Kings that there is revenge in the Gospel against all disobedience 2 Cor. 2.6 and 10.6 The rod of God 1 Cor. 4.21 The rod of Christs lips Isai. 11.4 The Scepter and Sword of Christ Revel 1.16 and 19.15 The Keyes of his Kingdom to binde and loose open and shut Matth. 18.17 18. and 16.19 1 Cor. 5.1 2 3. 2 Thes. 3.14 15. 1 Tim. 1.19 and 5.22 and 5.17 And that this power is committed to the Officers of Christs house call them as you will 3. For reversing of Laws made for the establishing of Popery we think the Church of Christ did well to declare all these unjust grievous decrees and that woe is due to the Iudges even the Queen if they should not repent as Isai. 10.1 And this P. must shew his teeth in this against our Reformation in Scotland which he once commended in Pulpit as a glorious work of Gods right arm And the Assemble of Glaskow 1637. declared That Bishops though established by Acts of Parliament procured by Prelates onely Commissioners and Agents for the Church who betrayed their trust were unlawfull and did supplicate That the ensuing Parliament would annull these wicked Acts. They think God priviledgeth neither King nor others from Church-Censures the P. Prelates imprisoned and silenced the Ministers of Christ who preached against the publike sins the blood oppressions unjustice open swearing and blasphemy of the holy Name of God the countenancing of Idolaters c. in King and Court 4. They did never sought the help of the people against the most unjust standing Law of authority 5. They never swear and covenant to defend their own fancies For the Confession and Covenant of the Protestant Religion translated in Latin to all the Protestants in Europe and America being termed a fancie is a clear evidence That this P. Prelate was justly excommunicated for Popery 6. This Covenant was sworn by King James and his house by the whole Land by the Prelates themselves And to this fancy this P. Prelate by the Law of our Land was obliged to swear when he received degrees in the Universitie 7. There is reason our Covenant should provide against divisive motions The Prelates moved the King to command all the
Land to swear our Covenant in the Prelaticall sense against the intent thereof and onely to devide and so command Iudge what Religion Prelates are of who will have the Name of God prophaned by a whole Nation by swearing fancies 8. Of making private men Magistrates in defending themselves against cut-throats Enough already Let the P. Prelate answer if he can P. Prelate Let no man imagine me to priviledge a King from the direction and just power of the Church or that like Uzzah he should intrude upon sacred actions ex vi ordinis in foro interno conscientiae to Preach or Administrate Sacraments c. Answ. Vzzah did not burn Incense ex vi ordinis as if he had been a Priest but because he was a King and Gods anointed Prelates sit not in Councell and Parliament ex vi ordinis as temporall Lords The Pope is no temporall Monarch ex vi ordinis yet all are intruders So the P. P. will licence Kings to administer Sacraments so they doe it not Ex vi ordinis P.P. Men in sacred Orders in things intrinsecally spirituall have immediatly a directive and authoritative power in order to all whatsoever although ministeriall only as related to Christ but that giveth them no coercive civill power over the Prince per se or per accidens directly or indirectly that either the one way or the other any or many in sacred Order Pope or Presbytery can cite and censure Kings associate Covenant or sweare to resist him and force him to submit to the Scepter of Christ. This power over man God Almighty useth not much lesse hath he given it to man Ps. 110. His people are a willing people Suadenda non cogenda religio Ans. 1. Pastors have a ministerial power saith he in spirituall things but in order to Christ ergo in order to others it is not ministeriall but Lordly So here a Lordly power Pastors have over Kings by the P. P. way We teach it is ministeriall in relation to all because Ministers can make no Lawes as Kings can doe but only as Heralds declare Christs Lawes 2. None of us give any coercive Civill power to the Church over either Kings or any other it is Ecclesiasticall a power to rebuke and censure was never civill 3. A religious Covenant to sweare to resist that is to defend our selves is one thing and a lawfull Oath as is cleare in those of Israel that did sweare Asa's Covenant without the authority of their owne King 2 Chron. 15.9 10 11 12. and to sweare to force the King to submit to Christs Scepter is another thing the Presbytery never did sweare or covenant any such thing nor doe we take Sacrament upon it to force the King Prelates have made the King sweare and take his Sacrament upon it that he shall roote out Puritanes that is Protestants whereas he did sweare at his Coronation to roote out Heretickes that is if Prelates were not traiterous in administring the Oath Arminians and Papists such as this P. P. is knowne to be but I hold that the Estates of Scotland have power to punish the King if he labour to subvert Religion and Lawes 4. If this Argument that Religion is to be perswaded not forced which P. P. useth be good it will make much against the King for the King then can force no man to the externall profession and use of the ordinances of God and not only Kings but all the people should be willing P. Prelate Though the King may not preach c. yet the exercise of these things freely within his Kingdome what concerneth the decent and orderly doing of all and the externall man in the externall government of the Church in appointing things arbitrary ând indifferent and what else is of this straine are so due to the prerogative of the Crowne as that the Priests without highest Rebellion may not usurpe upon him a King in the State and Church is a mixed person not simply civill but sacred too They are not only professors of truth that they have in the capacity of Christians but they are defenders of the faith as Kings they are not sonnes only but Nurse-fathers they serve God as Augustine saith as men and as Kings also Ans. If yee give the King power of the exercises of Word and Sacraments in his Kingdome this is deprivation of Ministers in his Kingdome for sure he cannot hinder them in another Kingdome you may make him to give a Ministeriall calling if he may take it away By what word of God can the King close the mouth of the man of God whom Christ hath commanded to speake in his name 2. If the King may externally governe the Church why may he not excommunicate for this is one of the speciall acts of Church Government especially seeing he is a mixed person that is halfe a Church-man and if he may prescribe Arbitrary teaching Ceremonies Surplice to instruct men in the duties of holinesse required of Pastors I see not but he may teach the Word 3. Dr. Ferne and other Royalists deny Arbitrary Government to the King in the State and with reason because it is Tyranny over the people but Prelates are not ashamed of commanding a thing Arbitrary and indifferent in Gods Worship shall not Arbitrary Government in the Church be tyranny over the conscience But say they Church-men teacheth the King what is decent and orderly in Gods Worship and he commandeth it Ans. Solomon by no teaching of Church-men deposed Abiather David by no teaching of Church-men appointed the forme of the Temple 2. Hath God given a Prerogâ—tive Royall to Kings whereby they may governe the Church and as Kings they shall not know how to use it but in so farre as they are taught by Church-men 4. Certainely we shall once be informed by Gods Word what is this Prerogative if according to it all the externall worship of God may be ordered Lawyers and Royalists teach that it is an absolutenesse of power to doe above or against a Law as they say from 1 Sam. 8. v. 9.11 and whereby the King may oppresse and no man may say What dost thou Now Good P. Prelate if by a plenitude of tyranny the King prescribe what he will in the externall worship and government of Gods House who can rebuke the King though he command all the Antichristian Ceremonies of Rome and of Turkey yea and the sacrificing of children to Molech for absolutenesse Royall will amount to shedding of innocent blood for if any oppose the King or say Sir What doe you he opposeth the Prerogative Royall and that is highest Rebellion saith our P. Prelate 5. I see not how the King is a mixt person because he is Defender of the â—aith as the Pope named the King of England Henry the eighth he defendeth it by his Sword as he is a Nurse-father not by the sword that commeth out of his mouth 6. I would know how Iulian Nebuchadnezzar Og and Sihon
were mixed persons and did all in the externall government of the Church and that by their office as they were Kings 7. All the instances that Augustine bringeth to prove that the King is a mixt person proveth nothing but Civill acts in Kings as Hezekiah cast down the high places the King of Nineve compelled to obey the Prophet Ionah Darius cast Daniels enemies to the Lyons P. Prelate If you make two Soveraignes and two Independents there is no more peace in the State then in Rebeckahs wombe while Jacob and Esau strove for the prerogative Ans. 1. What need Israel strive when Moses and Aaron are two Independents If Aaron make a golden Calfe may not Moses punish him If Moses turne an Achab and sell himselfe to doe wickedly ought not 80 valiant Priests and Aarons both rebuke censure and resist 2. p. 65. The P.P. said Let no man imagine we priviledge the King from the direction and power of the Church so he be no intruding Vzzah I pray P. P. what is this Church power Is it not supreme in its kinde of Church power or is it subordinate to the King If it be supreme see how P. P. maketh two Supremes and two Soveraignes If it be subordinate to the King as he is a mixt person the King is priviledged from this power and he may intrude as Vzzah and by his prerogative as a mixed person he may say Masse and offer a sacrifice if there be no power above his prerogative to curbe him If there be none the P.P. his imagination is reall The King is priviledged from all Church power Let the P.P. see to it I see no inconvenience for reciprocations of subjections in two Supremes and that they may mutually censure and judge one another Object Not in the same cause that is impossible If the King say Masse shall the Church judge and censure the King for intrusion and because the King is also Soveraigne and Supreme in his kinde he may judge and punish the Church for their act of judging and censuring the King it being an intrusion on his prerogative that any should judge the highest Judge Ans. The one is not subiect to the other but in the case of male-administration the innocent as innocent is subject to no higher punishing he may be subject to a higher as accusing citing c. Now the Royalist must give instance in the same cause where the Church faileth against the King and his Civill law and the King in the same cause faileth against the Church-canon and then it shall be easie to answer P. Prelate Religion is the bottome of all happinesse if you make the King only to execute what a Presbyterie commandeth he is in a hard case and you take from him the chiefest in Government Ecclesiasticall power hath the soule in subjection the Civill Soveraigntie holdeth a dead dominion ever the body Then the Pope and Presbyterie shall be in better condition then the King Cic. in Ver. Omnes Religione moventur Superstition is furious and maddeth people that they spare neither Crown nor Mitre Ans. Cold and dry is the P. P. when he spendeth foure pages in declamation for the excellencie of Religion The madnesse of Superstition nothing to the purpose 1. The King hath a chiefe hand in Church affaires when he is a Nurse-father and beareth the Royall sword to defend both the Tables of the Law though he doe not spin and weave Surplices and other base Masse-cloaths to Prelates and such Priests of Baal They dishonour his Majestie who bring his Prerogative so low 2. The King doth not execute with blind obedience with us what the Pope commandeth and the Prelates but with light of knowledge what Synods discernes and he is no more made the servant of the Church by this then the King of Iudah and Nebuchadnezzar are servants to Ieremiah and Daniel because they are to obey the Word of the Lord in their mouth Let them shew a reason of this why they are servants in executing Gods will in Discipline and in punishing what the Holy Ghost by his Apostles and Elders decree when any contemne the Decree concerning the abstinence from blood things strangled c. Act. 15. rather then when they punish murther idolatrie blasphemie which are condemned in the Word preached by Pastors of Christ and farther this objection would have some more colour realitie it hath not if Kings were only to execute what the Church ministerially in Christs name commandeth to be done in Synods but Kings may and doe command Synods to conveen and doe their duty and command many duties never Synodically decreed as they are to cast out of their Court apostate Prelates sleeping many yeares in the Devils armes and are to command Trencher-Divines neglecting their flock and lying at Court attending the falling of a dead Bishop as Ravens doe an old dying horse To goe and attend the flock and not the Court as this P. P. did 3. A King hath greater outward glory and may doe much more service to Christ in respect of extension and is excellenter then the Pastor who yet in regard of intension is busied about nobler things to wit the Soule the Gospel Eternitie than the King 4. Superstition maddeth men but it followeth not that true Religion may not set them on work to defend soule and body against Tyrannie of the Crown and Antichristian Mitres P. Prelate The Kingdome had peace and plentie in Prelates time Ans. A belly-argument We had plenty when we sacrificed to the Queen of Heaven 2. If the Traveller contend to have his purse againe shall the Robber say Robberie was blessed with peace The rest to the end are lies and answered already Only his invectives against ruling Elders falsly called Lay-Elders are not to purpose Parliament-Priests and Lay and Court-Pastors are Lay-Prophets 2. That Presbyteries meddle with Civill businesse is a slander They meddle with publike scandals that offendeth in Christs Kingdome But the Prelate by office was more in two elements in Church and State then any Frogs even in the Kings Leavenâ—tubs ordinarily 3. Something he saith of Popes usurping over Kings but only of one of his fathers a great uncleane spirit Gregorie the Great But if he had refuted him by Gods Word he should have thrown stones at his own Tribe for Prelates like him doe ex officio trample upon the neck of Kings 4. His testimonies of one Councell and one Father for all Antiquitie proveth nothing Athanasius said God hath given Davids Throne to Kings What to be Head of the Church No to be the Minister of God without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the Church And because Kings reigne by Christ as the Councell of Arimin saith therefore it may follow a Baily is also Head of the Church It is taken from Prov. 8. and answered 5. That Presbyteries have usurped upon Kings more then Popes since Hildebrand is a lie all stories are full of the usurpation of Prelates his own
that appertaine to their charge and the execution of their Office ergo by our confession to resist them in Tyrannicall acts is not to resist the ordinance of God 2. To resist Princes and Rulers and so inferiour Iudges and to deny them counsell and comfort is to deny helpe counsell and comfort to God Let then Cavaliers and such as refuse to helpe the Princes of the Land against Papists Prelates and Malignants know that they resist Gods ordinance which rebellion they unjustly impute to us 3. Whereas it is added in our Confession that God by the presence of his Lieutenant craveth support and counsell of the people It is not so to be taken as if then only we are to ayde and helpe inferiour Iudges and Parliaments when the King personally requireth it and not other waies 1. Because the King requireth helpe when by his Office he is obliged to require our helpe and counsell against Papists and Malignants though as misled he should command the contrary so if the Law require our helpe the King requireth it ex officio 2. This should expresly contradict our confession if none were obliged to give helpe and counsell to the Parliament and Estates except the King in his own person should require it because Art 14. it is expresly said That to save the lives of innocents or represse Tyranny to defend the oppressed not to suffer innocent blood to be shed or workes pleasing to God which he rewardeth Now we are not to thinke in reason if the King shall be induced by wicked Counsell to doe tyrannicall workes and to raise Papists in Armes against Protestants that God doth by him as by his Lieutenant require our helpe comfort and counsell in assisting the King in acts of Tyranny and in oppression and in shedding innocent blood yea our confession tyeth us to deny helpe and comfort to the King in these wicked acts and therefore our helpe must be in the things that pertaineth to his Royall Office and duty only otherwise we are to represse all tyranny art 14. 4 To save the lives of innocents to represse Tyranny to defend the oppressed are by our confession good workes well pleasing to God and so is this a good worke not to suffer innocent blood to be shed if we may withstand it Hence it is cleare as the Sunne that our confession according to the Word of God to which King Charles did sweare at his Coronation doth oblige and tye us in the presence of God and his holy Angels to rise in Armes to save the innocent to represse Tyranny to defend the oppressed When the King induced by ill counsell sent Armies by Sea and Land to kill and destroy the whole Kingdome who should refuse such a Service-booke as they could not in conscience receive except they would disobey God renounce the confession of Faith which the King and they had sworne unto and prove perfidious Apostates to Christ and his Church what could we doe and that the same Confession considering our bonds to our deare Brethren in England layeth bonds on us to this as a good worke also not to suffer their innocent blood to be shed but to defend them when they against all Law of God of men to State of Nations are destroyed and killed For my part I judge it had been a guiltinesse of blood upon Scotland if we had not helped them and risen in Armes to defend our selves and our innocent brethren against bloody Cavaliers Adde to this what is in the 24. Article of the same Confession We confesse whosoever goeth about to take away or to confound the whole state of Civill Polity now long established we affirme the same men not only to be enemies to mankind but also wickedly to fight against Gods Will. But these who have taken Armes against the Estates of Scotland and the Princes and Rulers of the Land have laboured to take away Parliaments and the fundamentall Lawes of this Kingdome ergo c. The Confession addeth 16. We farther confesse and acknowledge that such persons as are placed in authority are to be loved honoured feared and holden in most reverent estimation because that they are Lieutenants of God in whose Sessions God himselfe doth sit and Iudge yea even the Iudges and Princes themselves to whom by God is given the sword to the praise and defence of good men and to revenge and punish all open malefactors Ergo the Parliament and Princes and Rulers of the Land are Gods Lieutenants on earth no lesse then the King by our Confession of Faith and those who resist them resist the ordinance of God Royalists say They are but the Deputies of the King and when they doe contrary to his Royall Will they may be resisted yea and killed for in so farre they are private men though they are to be honoured as Iudges when they act according to the Kings Will whose Deputies they are But I answer 1. It is a wonder that inferiour Judges should be formally Iudges in so far as they act conforme to the will of a mortall King and not in so far as they act conforme to the will of the King of Kings seeing the judgement they execute is the King of Kings and not the Iudgement of a mortall King 2 Chro. 19.6 2. Royalists cannot indure the former distinction as it is applyed to the King but they receive it with both hands as it is applyed to inferiour Iudges and yet certaine it is that it is as ordinary for a King being a sinfull man to act sometimes as the Lieutenant of God and sometimes as an erring and misinformed man no lesse then the inferiour Iudge acteth sometimes according to the Kings will and Law and sometimes according to his owne private way and if we are to obey the inferiour Iudge as the Deputy of the King what shall become of his Person when Cavaliers may kill him at some Edge-hill for so they mock this distinction as applyed to the King in regard of his Person and of his Royall Office and for this point our Confession citeth in the Margin Rom. 13.7 1 Pet. 2.17 Psal. 82.1 which places doe clearely prove 1. That inferiour Magistrates are 1. Gods ordinances 2. Gods on earth Psal. 82. 3. Such as beare the Lords sword 4. That they are not only as the Confession saith appointed for Civill policie but also for maintenance of true Religion and for suppressing of idolatrie and superstition Then it is evident to resist inferior Magistrates is to resist God himselfe and to labour to throw the sword out of Gods hands 5 Our Confession useth the same Scriptures cited by Junius Brutus to wit Ezek. 22.1 2 3 4 5 6 7. and Ier. 22.3 where we are no lesse then the Iewes commanded to execute judgement and righteousnesse and deliver the spoyled out of the hands of the oppressour For both the Law of God and the Civill Law saith Qui non impedit homicidium quum potest is homicidii reus est I will
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
the Kingdome The Parliament rejecting the lawfull sonne of Corbredus the 20 King because he was young created Dardanus the sonne of Metellanus King which is a great argument of the power of the Scottish Parliament of old for elective rather then hereditary Kings Corbredus secundus called Galdus the 21 King at his Coronation renouncing all negative voices did sweare So majorum consiliis acquieturum That he should be ruled by the Parliament and it is said Leges quasdam tollere non potuit adversante multitudine Lactatus R. 22. is censured by a Parliament Quod spreto majorum consilio He appointed base men to publick Offices Mogaldus R. 23. Ad consilia seniorum omnia ex prisco more revâ—cavit did all by the Parliament as the ancient custome was Conarus 24. K. was cast in Prison by the Parliament Quod non expectato decreto patrum quod summa orat potestatis privatis consiliis administrasset Because he did the weightiest businesse that concerned the Kingdome by private advice without the judiciall Ordinance of Parliament that was of greatest authority Where is the negative voice of the King here Ethodius 2. the sonne of Ethodius the 1. the 28. King The Parliament passing by his son of the first Bed because he was a child had created Satrael his Brother King before a simple ignorant man yet for reverence to the race of Fergus kept the name of a King but the Estates appointed Tutors to him he was the 28. King Nathalocus the 30. K. corrupting the Nobles with buds and faire promises obtained the Crowne Romachus Fethelmachus and Angusianus or as Buchanan 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 Spondanâ— Donaldus the 70. K. is censured by a Parliament which convened Pro salute Reipublica 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 Saerificulorum 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 â—otius 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 Scotâ—s ea controversia ab Ordinum de creto decideretur Robert the â—00 K. in a Parliament at Scâ—â—ne 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 regi solitum 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 â—o ejus nomine in leges eum doctrinam ritus religionis quae tum docebantur publicè 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
the Lords act of feeding is mediate by the mediation of second causes if he feed Moses 40. dayes without eating any thing the act of feeding is immediate If God made David King as he made him a Prophet I should thinke God immediatly made him King for God asked consent of no man of no people no not of David himselfe before he infused on him the Spirit of Prophecy but he made him formally King by the politicall and legall Covenant betwixt him and the people I shall not thinke that a Covenant and Oath of God is a Ceremony especially a Law-covenant or a politicall paction between David and the people the contents whereof behoved to be De materia gravi onerosa concerning a great part of obedience to the fifth Commandement of Gods Morall Law the duties Morall concerning Religion and Mercy and Justice to be performed reciprocally between King and people Oathes I hope are more then Ceremonies Quest. 12. Whether or no is not the Common-wealth ever a Pupill never growing to age as a minor under nonage doth come not to need a Tutor but the Common-wealth being still in need of a Tutor a Governour or King must alwaies be a Tutor and so the Kingdome can never come to that condition as to accuse the King it alwaies being minor Ans. 1. Then can they never accuse inferiour Iudges for a Kingdome is perpetually in such a nonage as it cannot want them when sometime it wanteth a King 2. Can the Common-wealth under Democracy and Aristocracy being perpetually under nonage ever then quarrell at these Governments and never seeke a King by this reason they cannot 3. The King in all respects is not a Tutor every comparison in something beareth a Leg for the Common-wealth in their owne persons doe choose a King 2. Complaine of a King 3. Resist an Vzziah 4. Tye their elective Prince to a Law a Pupill cannot choose his Tutor either his dying Father or the living Law doth that service for him he cannot resist his Tutor he cannot tye his Tutor to a Law nor limit him when first he chooseth him Pupillo non licet postulare Tutorem suspecti quamdiu sub tutela est manet impubes l. Pietatis 6. in fin C. de susp Tutor l. impuberem 7. § Impuberes Iust. eod Quest. 13. Whether or no are subjects more obnoxious to a King then Clients to Patrons and servants to Masters because the Patron cannot be the Clients Judge but some superiour Magistrate must judge both and the slave had no refuge against his Master but only flight And the King doth conferre infinite greater benefits on the subjects then the Master doth on the slave because he exposeth his life pleasure ease credit and all for the safety of his subjects Ans. It s denyed for to draw the case to Fathers and Lords in respect of Children and Vassals the reason why Sons Clients Vassals can neither formally judge nor judicially punish Fathers Patrons Lords and Masters though never so Tyrannous is a Morall impotency or a politicall incongruity because these relations of Patron and Client Fathers and Children are supposed to be in a Community in which are Rulers and Iudges above the Father and Sonne the Patron and the Client but there is no Physicall incongruity that the politique inferiour punish the superiour if we suppone there were no Iudges on the earth and no relation but Patron and Client and because for the father to destroy the children is a troubling of the harmony of Nature and the highest degree of violence therefore one violence of selfe defence and that most jâ—st though contrary to nature must be a remedy against another violence but in a Kingdome there is no politicall Ruler above both King and People and therefore though Nature have not formally appointed the politicall relation of a King rather then many Governours and subjects yet hath Nature appointed a Court and Tribunall of necessity in which the people may by innocent violence represse the unjust violence of an injuring Prince so as the people injured in the matter of selfe defence may be their owne Iudge 2. I wonder that any should teach That oppressed slaves had of old no refuge against the tyranny of Masters but only flight for 1. The Law expresly saith That they might not only fly but also change Masters which we all know was a great dammage to the Master to whom the servant was as good as mony in his purse 2. I have demonstrated before by the Law of Nature and out of divers learned Iurists that all inferiours may defend themselves by opposing violence against unjust violence to say nothing that unanswerably I have proved that the Kingdome is superiour to the King 3. It is true Qui plus dat plus obligat as the Scripture saith Luke 7. He that giveth a greater benefit layeth a foundation of a greater obligation But 1. If benefit be compared with benefit it is disputable if a King give a greater benefit then an earthly father to whom under God the sonne is debtor for life and being if we regard the compensation of eminency of honour and riches that the People puteth upon the King but I utterly deny that a power to act Tyrannous acts is any benefit or obligation that the People in reason can lay upon their Prince as a compensation or hire for his great paines he taketh in his Royall Watch-Tower I Iudge it no benefit but a great hurt dammage and an ill of nature both to King and people that the people should give to their Prince any power to destroy themselves and therefore that people doth reverence and honour the Prince most who lay strongest chaines and Iron fetters on him that he cannot tyrannize Quest. 14. But are not Subjects more subject to their Prince seeing the subjection is naturall as we see Bees and Cranes to obey him then servants to their Lord. C. in Apib. 7.9.1 ex Hiero. 4. ad Rustic Monarch Plin. n. 17. For Jurists teach that servitude is beside or against nature l. 5. de stat homi § 2. just jur pers c. 3. § sicut Nov. 89. quib med nat eff sui Ans. There is no question in active subjection to Princes and Fathers commanding in the Lord we shall grant as high a measure as you desire But the question is if either active subjection to ill and unjust mandates or passive subjection to penall inflictions of Tyrannie and abused power be naturall or most naturall or if Subjects doe renounce naturall subjection to their Prince when they oppose violence to unjust violence This is to beg the question And for the Commonwealth of Bees and Cranes and Crown and Scepter amongst them Give me leave to doubt of it To be subject to Kings is a Divine morall Law of God but not properly naturall to be subject to coaction of the Sword Government and subjection to Parents is naturall But that a King is juris
84. (a) Covarr to 4 pract quest c. 1. â— 2. Government how both naturall and also voluntary There is a subordination of creatures naturall and government must be naturall and yet this or that forme iâ— voluntary Edward Symmons in his loyall subjects beleefe sect 3. p. 16. Royaltie not transmittable from father to sonne Vpon what tearme a people chooseth a Familie to reigne over them by succession The Throne by speciall promises of God made to David and his seed Ps. 89. no ground to make birth in foro dei a iust title to the Crowne 3 Arg. M. Symmons Loyall Subjects beliefe Sect. 3. p. 16. Title to a Crown by conquest must be unlawfull if truth be Gods just Title to a Crowne Royalists who hold conquests a iust title to the Crowne teach manifest treason against our Soveraigne King Charles and his Heires 4. Arg. Onely bona fortunae not honour is transmittable from father to son Violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull King Naked birth is inferiour to the divine unction which yet made no man a King without the peoples election Symmons loyall Subiects beleef Sect. 3. p. 16. Birth a typical designment to the crown If a Kingdom were by birth the King might sell it Symons sect 3. pag. 7. Joan. Episcâ— Roffens de potest Papae l. 2. c. 5. Arnisaeuâ— de authorit princip c. 1. n. 13. The heir of a Crown hath the Crown as the patrimony of the Kingdom not of the King his father The choice of a family to the Crown resolveth upon the free election of the people as on the fountain-cause 6. Argum. Sect. 4. p. 39. Election of a family to the Crown lawfull Speed Hist. pag. 757. A King by elâ—ction commâ—th neerer to the first King thâ—â— a Kâ—ng by sucâ—â—ssiâ—n D. Fern part 3. sect 3 p. 14. If the people may limit the King they may give him power A community have not power formally to punish themselves Barclay cont Monarcham c. 2. p. 56. The elective King and the hereditary King better and worse every one then another in divers relations Sac. sanc Reg. Maiest c. 17. p. 158. Letter p. 7. Twofold right of conquest Sect. 7. p. 30. Vniust conquest is no signification of Gods approving Will. 1 Arg. 2 Arg. Meere violent domineering is contrary to the rules of governing 3 Arg. Violence hath nothing in it of a King 4 Arg. 5 Arg. A King given to a people by a bloody Conquest must be a judgement not a blessing and so not per se a King 6 Arg. Strength as prevailing strength is not law or reason Fathers cannot dispose of the liberty of the posteritie not borne A father as a father hath not power of life and death Hugo Gootius de â—ute belli pacis l. 2. c. 4. n. 10. 7 Arg. Part 3. Sect. 3. pag. 20. Arnisaeus de authoritat Princip c. 1. n. 12. The peoples and Davids conquest of Canaanites Amonites and Edomites do not prove conquest to be a good title to a Crown Davids conquest of the Ammonites more rigorous then that it can legitimate Crowns by conquest 2 Sam. 12.30.31 7. sorts of superioritie and inferioritie Power of life and death from a positive law not from the superioritie oâ— father children 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A dominion antecedent and consequent Kings and subjects no naturall order Buchan de juâ— Regni apud Scoâ—tos A man is borâ— consequenter iâ— a poltique reâ—lation Slavery not naturall Every man by nature free borne in regard of civill subjection 1 Arg. 2 Arg. 3 Arg. 4 Arg. 5 Arg. 6 Arg. Politque societie naturall in radice free in modo rei 7 Arg. Sac. sanct Râ—g ma. c. 12. p. 12â— P. Prelate Politick Government how naturall P. Prelate Sac. sanct Mai. p. â—26 Inslaving of children by the parents not naturall The King under a naturall but no civil obligation to the people say Royalists If the condition without the which one of the parties would never have entered in covenant be not performed that person is loosed from the covenant Arnis de anthorit prin c. 1 n. 6 7. The people Princes in their place are obliged to maintain Religion and Iustice no lesse then the King In so far as the King presseth a false Religion on the people catenus in so far they are understood not to have a Kingly power The covenant between King and People giveth a coactive power to each other The covenant bindeth the King as King not as he is a man only The covenant tyeth the King to the People politically as well as to God naturally or religiously 2 Arg. How the covenant is conditionall and what breach dissolveth the covenant One or two tyrannous acts deprive not a King of his Royall right The covenant between King and people conditionall Though there be no positive written covecant which yet we grant not yet there is a naturall tacite and implicite covenant betwixt the King and the people If the King be made King absolutely he is made such an one contrary to the word of God and nature of his office The people are not given to the Kings keeping so as they be his owne as sheep or mony are given The King could not buy or sell borrow or contract debt if his covenant with men did not bind him The covenant sworn by Asa and all Iudah 2 Chron. 15. obligeth the King Barclay Alber. Gentilis in disput Regal l. 2. c. 12. l. â—3 c. 14â— 15.116 Hug. Grotius de jure belli poc l. 2. c. 11 12 13. Arnisaeus do authorit princip c. 1. n. 7.8.10 Haenon disp 2. Ioan. Roffens de potest pape l. 2. c. 5. Adam suppose he had lived till now should not have bin King of the whole earth because a father King a father Metaphorically only A fatherly power and a politike power are not one and the fame D. Ferne par 1. sect 3. pag. 8. Sacr. sanct Reg. Maiest c. 7. pag. 87. Arnisaeus de potest princip c. 3. n. 1.2 See Aristotle saith the Prolate Eth. 8.10 pol. 1. c. Homer Odys 1. he might have said see Arnisaeus loc tit The King as King hath no masterly domion over the people but only fiduciarie To be a King is by office and actu primo to defend save feed and not to hurt or inthral A King not over men as reasonable men Prelate Sacr. sanct maj c. 16· p. 15. Hugo Grotius hath the same de jur bel pacis l. 1. c. 3. A compelled surrender of liberty tyeth not A surrender of ignorance and mistake is some way unvoluntary and obligeth not The Goods of the Subjects not the Kings * Quod jure gentium dicitur F. de justitia jure l. ex hâ—e Quod partim jure civili Iusti de rerum divisio sect singulorum * L. item si verberatum F. de rei vindicat Ias. plene m. l. Barbarius F. de offici
prator all the goods of the people are the Kings in a fourfold notion but not in propriety Subjects are propriators of their own Goods Argum. 1. Argum. 2. Argum. 3. The answer of Hybreas to a extorting Prince Antonius Argum. 4. Species enim furti est de aliâ—no largiri beneficit debito rem sihi acquirerâ— L. si pignore sect de furt Argum. 5. Argum. 6. Argum. 7. Argum. 8. The Kings power fiduciarie The King a Tutor Difference between a father and a Tutor A free Community no pupill or minor The Kings power not properly Maritall or husbandly The King a Patron rather then a Lord. The King an honourable servant Royall power only from God and only from the people in divers respects The King the servant of the people both objectively subjectively By one and the same act the Lord of Heaven and the People make the King according to the physicall realitie of the act The King head of the Communitie only metaphorically The King but metaphorically only Lord of the familie The King not heire nor proprietor of the Kingdome The place 1 Sam. 8 9 11. discussed (a) Grotius de ju bel pacis l. 1. c. 4. n. 3. (b) Barclaius contra Monar chom l. 2. p. 64. Potestatem intelligit non cam quae competit eâ— praecepto neque etiam quae ex permissu est quatenus liberat à â—cecato sed quatenus paenis legalibus eximit operantem (c) Barclaius contra Monarcho l. 2. p. 56 57. The power office of the King badly diâ—â—erenced by Barclay (d) Barclaius l. 3. c. 2. (e) Arr. Mon. Haec erit ratio Regis (f) 70. Interpret Vatabul judica 〈◊〉 judicium consuetudinem â— more 's ib. his moribus hac consuetudine utentur erga vos reges g Chald Para. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 70. Interp. 70. Interp. (h) P. Martyr coment 1 Sam. 8. verum jus regium describit in Deut. apud Samuelem autem usurpatum (i) Calvin conc 1 Sam. 8. (k) Andr. Rivetus in decal c. 20. inâ— mundat p. 195. (l) Junius annot in 1 Sam. 2.13 (m) Diodatus annot 1 Sam. 8.3 (n) Glossâ— interlinearis (o) Lyra in locum hic accipitur jus large sumptum quoâ— reputatur jus propter malum abusum Nam illa quae dicuntur hic de jure Regis magis contingunt pâ—r Tyranidem (p) Tostatuâ— Abulens in 1 Reg. 8. q. 17. deq. 21. (q) Cornelius a Lapid in locum (r) Cajetan in locum (s) Hugo Cardinal in loc (t) Serrarius in locum (u) Thom. Aquin l. 3. de Regni Princip c. 11. (x) Mendoza jus Tyrannorum (y) Clemens Alexand. pag. 26. (z) Beda l. 2 expo in Samuel (a) Petrus Robuffus tract dâ— incongrua prert p. 110. Osiander he setteth not down the Office of the King what he ought to be but what manâ—ner of King they should have Pelican that ruled by will not by law Willet Such as decline to Tyranny Borhaius Tyrants not Kings (b) Rabb Levi Ben. Gersom in 1 Sam. 8. Pezelius in exp leg Mosai l. 4. c. 8. Tossan in not Bibl. Bosseus de Rep. Christ. potest supra regem c. 2. n. 103. Bodin de Rep. l. 1. â— 19. Brentius homil 27. in 1 Sam. 8. Mos regis non de jure sed de vulgatâ consuctudinâ— Doct. Ferne p. 2. sect pag. 55. Active and passive Obed. pag. 24. D. Ferne. 3. p. Sect. 2. pag. 10. Learned Authors teach that Gods Law Deut. 17. and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a manner of the King 1 Sam. 8 9 are opposite one to another so Gerson in trinprinc sac adu lat par 4. Alp. 66. lit l. cons. 8. Buchan de jure regni apud Scot. Chasson cat glo mundi cons. 24. n. 162. cons. 35. Tholoss l. 9. c. 1. Rossen De polus Rep. c. 2. n. 10. Magdeburg in trac de off ma. Crying to God not the only remedy against a tyrant Ferne par 3. pag. 95. Resisting of tyrants and patience not inconsistent The Law of the King not a permissive law as was the law of devorcement Mal. 2. The law of the King written in a booke 1 Sam. 11. not the law of Tyranny In what considerations the King is worthier then the people and the people worthier then the King A meane as a meane inferiour to the end A King inferiour to the people Argum. â— Argum. 2. Argum. 3. Argum. 4. Argum. 5. The Church because the Church of more worth then the King because King Argum. 6. Argum. 7. People in the spece immortall King not so If sinne had never been there should have been no need of Kings Arg. 8. The King is to expend his life for the people and so inferior â—o them A meane is considered reduplicatively and formally as a meane and materially as the thing which is the mean in this latter sense the mean may be of more worth then the end but not so in the former sense A meane may be considered as a meane only and as more then a meane The people may be without the King but not the King without the people 10. Argum. The people worthier as the constituent cause then the King who is the effect Argum. 1. Argum. 2. Vnpossible that people can limit Royall power but they must givâ— Royall power Argum. 3. Argum. 4. Except 2. Ioan. Rossens De potest pap l. 2. c. 5. Though God immediately create Kings without the people yet can the people unmake Kings Though God should immediately give a talent and gift for Prophecying as he gave to Balaam Caiaphas and others yet they may lose that talent by digging it in the earth and be deprived by the Church Except 3. Sacr. sanc Mâ—jes c. 9. p. 98.99 Arnisaus De authorit princip cap. 1. n. 1. The people putting a King above themselves retaine the fountain-power and so are superior to the King Ulpian l. 1. ad Sc. Tupil Populus omne suum imperium potestatem confert in Regem Bartolus ad l. hostes 24. f. de capt host Arnis c. â— n. 10. The King as King a meane and inferior to the people The King both as a man and as a King inferior to the people Except 4. Sacr. sanct maj c. 9. p. 98. Observe here that the P. P. yieldeth there is a free covenant by which the people resigne their power to the King but whether Royall power or some other he dare not assert lest he destroy his own principles To sweare non-selfe-preservation and to sweare self-murther all one 5 Reply Sac. sanct maj c. 9. p. 129. stollen from Barclaius l. 5. c. 12. The people cannot make away their power to the King irrevocably The people may resume the power they gave to Commissioners of Parliament when they abuse that power Buchanan not understood by the P. P. Tables lawfull when the secret Counsell is corrupted and Parliaments are denyed 6 Rep. Barc l. 4. conâ— Monarâ—bo c. 11 pag. 27. 7. Rep. Sacr.
sanc Maâ— c. 13. p. 130. stolen out of Arnisaeus dâ— jure Majest cap. 3. n. 1. pag. 34. Quod â—fficit tale c. holdeth when the agent maketh not away all its vertue by alienation 8. Rep. Sacr. sanc Mai. pag. 131. Propter quod unumquodque c. not understood by the P. P. The King hath Soveraignty by loane and in trust Soveraigntie how in the Communitie how not Power of life and death how in the Communitie A Communitie of it selfe wanting Rulers is a Politique body and how Sacr. sanc maj c. 4. p. 43. The propagation of Kings is by filiation saith the P.P. A speech that hath neither sense nor reason Filiation is later then propagation one must be propagated ere he be a sonne Kings and inferior Iudges Gods analogically Inferiour Iudges no lesse Gods immediate Vicars then the King The conscience of the inferiour Iudge is immediately subordinate to God not to the King either mediately or immediaâ—ely Grotius de jure Belli 〈◊〉 l. 1. c. 4. Nam â—â—nis faculeas gubernandi in Magistratibus summae potestati ita subjicitur ut quiâ—quid conâ—ra voluntatem summi imperantis faciant id dosectum sit ca facultate ac proinde de pro actu privato â—abendum Grotius ibi species intermedia si genus respicias est species si speciem infra positam est genus ita magistratus illi inferiorum quidem ratione habita sunt publicae personae at supper ores si considerentur sunt privati Grot. 16. Inferiour Iudges truely Iudges in relation to the King The 〈◊〉 judge how the Deputy of the King Inferiour Iudges powers ordained of God Rebuked for perverting judgement They are the Ministers of God To resist them is to resist God They are Gods By this the Parliament of both Kingdomes ought to put to death cut-rhroat Cavaliers â—aising warre against the subject though the King commands the contrary Sac. Sanc. mai c. 4. pag. 46. How the King judgeth by inferiour Iudges Simmons loyall subjects beleif Sect. 1. pag. 3. The honour of an inferiour Iudge commeth neither from East nor from West more then from the King Argu. 9. Power of Kings and of inferiour Iudges dister gradually not specifically The specifick acts and formall object of Kings and inferiour Iudges are the same The same obligation of consâ—iencâ— that lyeth on the King in all things lyeth on the inferiour Iudge Inferiores Iudices sunt impropriè Vicarii Regis quoad missionem externam ad officium sed immediati Dei vicarii quoad officium in quod missi sunt Barcl l. 2. contr Monarchom p. 56 57. Arnisaeus de authorit Princ. c. 3. n. 9. Marant disp 1. Zoan tract 3. de desens Mynsing obs 18. cent 5. Symmons sect 1 p. 2. The Iudges of Israel and the Kings after them differed but not essentially Sacr. sanct maj 6.7 p. 81 82. Nature is as neare to Aristocracy as to Monarchy for the wife cannot be under the husband as a subject under a Monarch slie by the fift Commandement hath a joynt headship with the husband Iudges inferiour depend on the King in fieri when the constitution of the Kingdome is such but not in facto esse nor in their essence Arg. 10. Inferiouâ— Iudges after the King is dead as also the States of Parliament remain Iudges Arg. 11. God not the absolute Prâ—nce maketh the inferiour Iudges No heritable Iudges according to Gods Word Inferiour Iudges more necessary in a large Kingdom then the Kâ—ng and so Aristocracy in that more sutable to the naturall end of government then Monarchy Principes sunt capitis tempora Rex â—ertex Elders of a land joyntly in Parliament must have as much if not more viâ— uniâ—a sortior then when they are divided in severall tribes cities shires but divided they are as essentially Iudges as the King The whole must have more power in extension then the part Jer. 38.25 they had power against the Kings will to put Ieremiah to death Ieremiah saith Doe whatsoever soemeth good to you v. 10. The power of conveening Parliaments in the Estates without the King Ps. 122.2 3. Why are thrones set for judgement for all the tribes if only the King judge Tables in Scotland lawfull The inferiour Iudges are not subject in their conscience to the King in their acts of judgement either quoad â—â—â—cifiâ—ationem to give unjust sentences at his will nor quo ad 〈◊〉 to execute or not execute judgement for the oppressed Vnjust judgeing and no judging at all are sinnes in the States Junius Brut. q. 2. p. 51. vin l. contr Tyran The Parliament Iudges not advisers only Ieferiour Iudges not the Legats or Servants or Messengers of the King Publick Government belongeth to the States and Elders as to the King Arg. 8. Arg. 9. Arg 10. Arg. 11. Ferne par 3. Defence Sect. 3. pag. pag. 12 The question is not if the King be so absolute as he is freed from all Morall restraint comming from Gods Law Sacr. sanc Maj. 〈◊〉 14 p. 163. No resisting of the most Turkish Tyran by the Royalists way An absolute King more absolute then the Great Turke by Royalists way No law at all by Royalists way to impede a King from a super-inundation of overflowing Tyranny 1 Arg. against Absoluâ—enâ—slo of Kings Why the King â— breathing Law three reasons 2. Argument against an absolute King The People have no absolute power over themselves and so cannot make over any such power to the King Arg. 3. Against an absolute Prince Power Tyrannicall is not from God Barclaius 〈…〉 l. 2. pag. 62. That â—â—â—sion 〈…〉 mortall â—an may resist â—s from God Argum. 4. Against an absolute Prince A King as a King must be a plague if God be the Creator of an absolute Prince The goodnesse of an absolute Prince in not putting forth his power in actuall destroying of the people hindereth not the power to be actu primo Tyrannicall Argum. 5. Against absolute Princes An absolute Prince against justice peace reason law c. Argum. 6. Against an absolute Prince It is against nature Arg. 7. Against an absolute Prince contrary to the fift Commandement Arg. 8. Against an absolute Prince The King remaineth a brother when he is King and may be rebuked may not take his neighbours vineyard from him A Damsell forced by the King may violently resist No sufficient meanes against all cruelties and unjust violences iâ— an absolute Prince be from God all goâ— to confusion Barclaius cont Monarch l. â— pag. 76 77. 9. Argument 〈◊〉 an abâ—â—luâ—e Pâ—â—nce The 〈…〉 expressâ— upon which the Pâ—â—nâ—e receiveâ—h the crown â—ight with all absolute power Prerogative taken two wayes No Prerogative Royall in the Scripture Jus personae jus coronae The question touching Prerogative Royall vaine Prerogative Royall of Royalists Gods due Acts founded upon the sole pleasure of the Agent proper to God A threefold dispensation A dispensation 1. of sole pleasure 2. of â—ustice 3. of grace A twofold exponing
States crying God save King Salomon made Salomon King and here is a reall action of the people God is the first Agent in all acts of the Creature where a people maketh choise of a man to be their King the States doe no other thing under God but create this man rather then another and we cannot here find two actions one of God another of the people but in one and the same action God by the peoples free suffrages voices createth such a man King passing by many thousands and the people are not patientes in the action because by the authoritative choise of the States the man is made of a private man and no King a publick person and a crowned King 2 Sam. 16.18 Hushai said to Absolom nay but whom the Lord and this people and all the men of Israel choose his will I be and with him will I abide Iudg. 8.22 The men of Israel said to Gideon Rule thou over us Iudg. 9.6 The men of Sechem made Abimelech King Iudg. 11.8.11 2 King 14.21 The people made Azariah King 1 Sam. 12.1 2 Chron. 23.3 2. If God doth regulate his people in making such a man King not such a man then he thereby insinuateth that the people have a power to make such a man King and not such a man But God doth regulate his people in making a King Ergo the people have a power to make such a man King not such a man King The Proposition is cleare because Gods Law doth not regulate a non-eâ—s a meere nothing or an unlawfull power nor can Gods holy Law regulate an unlawfull power or an unlawfull action but quite abolish it and interdict it the Lord setteth not downe rules and waies how men should not commit Treason but the Lord commandeth loyalty and simply interdicteth men of treason 2. If people have then more power to create a King over themselves then they had to make Prophets then God forbidding them to choose such a man for their King should say as much to his people as if he would say I command you to make Esaiah Ieremiah Prophets over you but not these and these men This certainly should prove that not God onely but the people also with God made Prophets I leave this to the consideration of the godly The Prophets were immediatly called of God to be Prophets whether the people consented that they should be Prophets or not Therefore God immediatly and onely sent the Prophets not the people but though God extraordinarily designed some men to be Kings and annoynted them by his Prophets yet were they never actually installed Kings till the people made them Kings I prove the assumption Deut. 17. 14. When thou shalt say I will set a King over me like all the nations round about me 15. Thou shalt in any wise set him King over thee whom the Lord thy God shall choose one from amongst thy brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy brother Should not this be an unjust charge to the people if God onely without any action of the people should immediatly set a King over them Might not the people reply We have no power at all to set a King over our selves no more then we have power to make Esaiah a Prophet who saw the visions of God to what end then should God mocke us and say make a brother and not a stranger King over you 3. Expresly Scripture saith that the people made the King though under God Iudg. 9.6 The men of Sechem made Abimelech King 1 Sam. 11.15 And all the people went to Gilgall and there they made Saul King before the Lord 2 King 10.5 We will not make any King This had been an irrationall speech to Iehu if both Iehu and the people held the Royalists Tenet that the people had no power to make a King nor any active or causative influence therein but that God immediatly made the King 1 Chron. 12.38 All these came with a perfect heart to make David King in Hebron and all the rest were of one heart to make David King on the words Lavater saith the same way are Magistrates now to be chosen now this day God by an immediate Oracle from Heaven appointeth the Office of a King but I am sure he doth not immediatly designe the man but doth onely mark him out to the people as one who hath the most royall indowments and the due qualifications required in a lawfull Magistrate by the Word of God Exod. 18.21 Men of truth hating covetousnesse c. Deut. 1.16 17. men who will judge causes betwixt their brethren righteously without respect of persons 1 Sam. 10.21 Saul was chosen out of the Tribes according to the Law of God Deut. 17. they might not choose a stranger and Abulensis Serrarius Câ—rnelius a lapide Sancheiz and other Popish Writers think that Saul was not onely anoynted with Oyle first privately by Samuel 1 Sam. 10.1 2. but also at two other times before the people once at Mizpeh and another time at Gilgal by a Parliament and a Convention of the States and Samuel judged the voices of the people so essentiall to make a King that Samuel doth not acknowledge him as formall King 1 Sam. 10.7 8 17 18 19. though he honoured him because he was to be King 1. Sam. 9 23 24. while the Tribes of Israel and Parliament were gathered together to make him King according to Gods Law Deut 17. as is evident For Samuel v. 20. caused all the Tribes of Israel to stand before the Lord and the Tribe of Benjamin was taken the Law provided one of their owne not a stranger to raigne over them and because some of the States of Parliament did not choose him but being children of Belial despised him in their heart v. 27. therefore after King Saul by that victory over the Ammonites had conquered the affections of all the people fully v. 10 11. Samuel would have his coronation election by the Estates of Parliament renewed at Gilgall by all the people v. 14 15. to establish him King 2. The Lord by Lots found out the Tribe of Benjamin 3. The Lord found out the man by name Saul the sonne of Kish when he did hide himselfe amongst the staffe that the people might doe their part in creating of the King whereas Samuel had annoynted him before but the Text saith expresly that the people made Saul King and Calvin Martyr Lavater and Popish Writers as Serrarius Mendoza Sancheiz Cornelius a Lapide Lyâ—anus Hugo Cardinalis Carthusius Sanctius doe all hence conclude that the people under God make the King I see no reason why Barclaius should here distinguish a power of choosing a King which he granteth the people hath and a power of making a King which he saith is only proper to God Answ. Choosing of a King is either a comparative crowning of this man not this man and
doubt if the relation of a father as a father doth necessarily infer a Royall or Kingly authority of the father over the son or by natures Law that the father hath power of life and death over or above his children and the reasons I give are 1. Because power of life and death is by a positive Law presupposing sin and the fall of man and if Adam standing in innocency could lawfully kill his son though the son should be a Malefactor without any positive Law of God I much doubt 2. I judge that the power Royall and the fatherly power of a father over his children shall be found to be different and the one is founded on the Law of nature the other to wit Royall power on a meere positive Law The 2. degree or order of subjection naturall is a subjection in respect of gifts or age so Aristotle 1 Polit. cap. 3. saith that some are by nature servants his meaning is good that some gifts of nature as wisedom naturall or aptitude to govern hath made some men of gold fitter to command and some of iron and clay fitter to be servants and slaves But I judge this title to make a King by birth seeing Saul whom God by supervenient gifts made a King seemeth to ow small thanks to the womb or nature that he was a King for his crueltie to the Lords Priests speaketh nothing but naturall basenesse It s possible Plato had a good meaning Dialog 3. de legib who made six orders here 1. That fathers command their sons 2. The noble the ignoble 3. The elder the younger 4. The masters the servants 5. The stronger the weaker 6. The wiser the ignorant 3. Aquinas 22. q. 57. art 3. Driedâ— de libert Christ. l. 1. pag. 8. following Aristotle polit l. 7. c. 14. hold though man had never sinned there should have been a sort of dominion of the more gifted and wiser above the lesse wise and weaker not antecedent from nature properly but consequent for the utilitie and good of the weaker in so far as it is good for the weaker to be guided by the stronger which cannot be denyed to have some ground in nature but there is no ground for Kings by nature here 1. Because even these who plead that the mothers womb must be the best title for a Crown and make it equivalent to Royall unction are to be corrected in memory thus That it is meerly accidentall and not naturall for such a son to be born a King because the free consent of the people making choice of the first father of that Line to be their King and in him making choice of the first born of the family is meerly accidentall to father and son and so cannot be naturall 2. Because Royall gifts to reign are not holden by either us or our adversaries to be the specifice essence of a King for if the people Crown a person their King say we if the womb bring him forth to be a King say the opponents he is essentially a King and to be obeyed as the Lords annointed though nature be very Parca sparing and a niggard in bestowing Royall gifts Yea though he be an idiot say some if he be the first born of a King he is by just title a King but must have Curators and Tutors to guide him in the exercise of that Royall right that he hath from the womb But Buchanan saith well He who cannot govern himself shall never govern others 1 Assert de facto As a man commeth into the world a member of a politick societie he is by consequence borne subject to the laws of that societie but this maketh him not from the wombe and by nature subject to a King as by nature he is subject to his Father who begat him no more then by nature a Lyon is borne subject to another King-Lyon for it is by accident that he is borne of parents under subjâ—ction to a Monarch or to either Democraticall or Aristocraticall governours for Cain and Abel were borne under none of these formes of Government properly and if he had been borne in a new planted Colonie in a wildernesse where no government were yet established he should be under no such Government 2 Assert Slavery of servants to Lords or Masters such as were of old amongst the Iews is not naturall but against nature 1. Because slaverie is malum naturae a penall evill and contrary to nature and a punishment of sinne 2. Slaverie should not have been in the world if man had never sinned no more then there could have been buying and selling of men which is a miserable consequent of sin and a sort of death when men are put to the toyling paines of the hireling who longeth for the shadow and under iron harrowes and sawes and to hew wood and draw water continually 3. The originall of servitude was when men were taken in warre to eschew a greater evill even death the captives were willing to undergoe a lesse evill slaverie S. Servitus 1. de jur Pers. 4. A man being created according to Gods image he is res sacra a sacred thing and can no more by natures law be sold and bought then a religious and sacred thing dedicated to God S. 1. Instit. de invtil scrupl l. inter Stipulantem S. Sacram. F. de verber Obligat 3 Assert Every man by nature is a freeman borne that is by nature no man commeth out of the wombe vnder any civill subjection to King Prince or Judge to master captaine conquerour teacher c. 1. Because freedome is naturall to all except freedome from subjection to Parents And subjection politick is meerly accidentall comming from some positive lawes of men as they are in a politique societie whereas they might have been borne with all concomitants of nâ—ure though borne in a single familie the only naturall and first societie in the world 2. Man is borne by nature free from all subjection except of that which is most kindly and naturall and that is fatherly or filial subjection or matrimoniall subjection of the wife to the husband and especially he is free of subjection to a Prince by nature Because to be under jurisdiction to a Iudge or King hath a sort of jurisdiction Argument L. Si quis sit fugitivus F. de edil edict in S. penult vel fin especially to be under penall lawes now in the state of sinne The learned Senator Ferdinandus Vasquez saith l. 2. c. 82. n. 15. Every subject is to lay down his life for the Prince now no man is borne under subjection to penall lawes or dying for his Prince 3. Man by nature is borne free and as free as beasts but by nature no beast no Lyon is born King of Lyons no Horse no Bullock no Eagle King of Horses Bullocks Eagles nor is there any subjection here except that the young Lyon is subject to the old every foul to its damme
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
God 6. If the Estates of a Kingdome give the power to a King it is their own power in the fountaine and if they give it for their own good they have power to judge when it it used against themselves and for their evill and so power to limit and resist the power that they gave Now that they may take away this power is cleare in Athaliahs case It is true she was a Tyrant without a Title and had not the right of Heaven to the Crown yet she had in Mens Court a title For supposing all the seed Royall to be killed and the peoples Consent we cannot say That for these sixe yeares or thereabout she was no Magistrate 2. That there were none on the Throne of David at this time 3. That she was not to be obeyed as Gods Deputie But grant that she was no Magistrate yet when Iehoash is brougbt forth to be crowned it was a controversie to the States to whom the Crown should belong 1. Athaliah was in possession 2. Iehoash himselfe being but seven yeares old could not be Iudge 3. It might be doubted if Ioash was the true sonne of Ahaziah and if he was not killed with the rest of the blood Royall Two great Adversaries say with us Hugo Grotius de jur belli pacis l. 1. c. 4. n. 7. He saith He dare not condemne this if the lesser part of the People and every one of them indifferently should defend themselves against a Tyrant ultimo necessitatis praesidio The case of Scotland when we were blocked up by Sea and Land with Armes The case of England when the King induced by Prelates first attempted to bring an Army to cut off the Parliament and then gathered an Army and fortified Yorke and invaded Hull to make the Militia his own sure is considerable Barclay saith The People hath jus se tuendi adversus immanem saevitiem Advers Monarchomach l. 3. c. 8. A power to defend themselves against prodigious crueltie The case of England and Ireland now invaded by the bloody Rebels of Ireland is also worthy of consideration I could cite hoasts more QUEST XXIX Whether in the case of Defensive warre the distinction of the person of the King as a man who can commit acts of hostile Tyrannie against his Subjects and of the Office and Royall power that he hath from God and the People as a King can have place BEfore I can proceed to other Scripture-proofes for the lawfulnesse of Resistance this Distinction rejected by Royalists must be cleered This is an evident and sensible distinction The King in concreto the Man who is King And the King in abstracto the Royall office of the King The ground of this distinction we desire to be considered from Rom. 13. we affirme with Buchanan that Paul Rom. 13 speaketh of the office and duty of good Magistrates and that the text speaketh nothing of an absolute King nothing of a Tyrant and the Royalists distinguish where the Law distinguisheth not against the Law l. pret 10. gl Bart. de pub in Rem and therefore we move the question here Whether or no to resist the illegall and Tyrannicall will of the man who is King be to resist the King and the ordinance of God we say no Nor doe we deny the King abusing his power in unjust acts to remaine King and the Minister of God whose person for his royall office and his Royall Office both are to be honoured reverenced and obeyed God forbid that we should doe so as the sonnes of Belial imputing to us the doctrine of Anabaptists and the doctrine falsely imputed to Wicliffe That Dominion is founded upon supernaturall grace and that a Magistrate being in the state of mortall sin cannot be a lawfull Magistrate we teach no such thing The P. Prelate sheweth us his sympathy with Papists and that he buildeth the Monuments and Sepulchres of the slaine and murthered Prophets when he refusing to open his mouth in the Gates for the righteous professeth he will not purge the Witnesses of Christ the Waldenses and Wicliffe and Husse of these notes of disloyalty but that these acts proceeding from this roote of bitternesse the abused power of a King should be acknowledged with obedience active or passive in these unjust acts we deny 1. Assert It is evident from Rom. 13. That all subjection and obedience to higher powers commanded there is subjection to the power and office of the Magistrate in abstracto or which is all one to the person using the power lawfully and that no subjection is due by that text or any Word of God to the abused and Tyrannicall power of the King which I evince from the Text and from other Scriptures 1. Because the Text saith Let every soule be subject to the higher powers But no powers commanding things unlawfull and killing the innocent people of God can be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 higher powers but in that lower powers 1. He that commandeth not what God commandeth and punisheth and killeth where God is personally and immediatly present would neither command nor punish is not in these acts to be subjected unto and obeyed as a superiour power though in habit he may remaine a superiour power for all habituall all actuall superiority is a formall participation of the power of the most high 2. Arnisaeus well saith That of Aristotle must be true It is against nature that better and worthier men should be in subjection to unworthier and more wicked men but in this when Magistrates command wickednesse and killeth the innocent the non-obeyers eatenus in so far are worthier the commanders whatever they be in habite and in office actually or in these wicked acts are unworthier and inferiour and the non-obeyers are in that worthier as being zealous adherents to Gods Command and not to mans will I desire not to be mistaken if we speake of habituall excellency godly and holy men as the Witnesses of Christ in things lawfull are to obey wicked and Infidell Kings and Emperours but in that these wicked Kings have an excellency in respect of office above them but when they command things unlawfull and kill the innocent They doe it not by vertue of any office and so in that they are not higher powers but lower and weak ones Laertius doth explain Aristotle well who defineth a Tyrant by this That he commandeth his subjects by violence and Arnisaeus condemneth Laertius for this Because one Tyrannicall action doth no more constitute a Tyrant then one unjust action doth constitute an unjust man But he may condemne as he doth indeed for this also Covarruvias pract quest c. 1. and Vasquez Illustr quest l. 1. c. 47. n◠1.12 for this is essentiall to a Tyrant to command and rule by violence If a lawfull Prince doe one or more acts of a Tyrant he is not a Tyrant for that yet his action in that is Tyrannicall and he doth not that as a King but in