faggot to the fire the fire onely maketh the faggot to burne Ans 1. Apostles both according to their Office and the designation of their person to the Office were immediatly and onely from God without any act of the people and therefore are badly coupled with the royall power of David and King Saul who were not formally made Kings but by the people at Mizpeh and Hebron 2. The second way God giveth Royall Power by moving the peoples hearts to confer royall power and this is virtually in the people formally from God Water hath no influence to produce grace Gods institution and promise doth it except you dream with your Iesuites of opus operatum that water sprinkled by the doing of the deed conferreth grace nisi ponatur obex what can the child doe or one child more then another baptized child to hinder the flux of remission of sins if 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 theelection 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 Tenet 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
avowed as the Doctrine of the Church of Scotland and England as the learned Author and my much respected brother evidenceth in his Ludensium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Canterburian selfe conviction 4. The Parliament of England was never yet found guilty of Treason 5. The good Counsellers of great States-men that Parliaments of both Kingdomes would take from the Kings Majesty are a faction of perjured Papists Prelates Iesuites Irish cut-throates Strafords and Apostate subverters of all Lawes divine humane of God of Church of State P. Prelate In whom so ever this power of Government be it is the onely remedy to supply all defects and to set right what ever is disjoynted in Church and State and the subject of this super-intending power must be free from all errour in Iudgement and Practice and so we have a Pope in temporalibus and if the Parliament erre the people must take order with them else God hath left Church and State remedilesse Ans This is stollen from Barolaius also 1. but the same Barclaius saith Si Rex regnum suum alienâ— ditioni manciparit regno cadit If the King shall sell his Kingdome or inslave it to a forraigne power he falleth from all right to his Kingdome but who shall execute any such Law against him not the people not the Peeres not the Parliament for this Mancipium ventris aulae this slave saith p. 147. I know no power in any to punish or curbe Soveraignty but in Almighty God 2. We see no super-intending power on earth in King or people infallible nor is the last power of taking order with a Prince who inslaveth his Kingdome to a forraigne power placed by us in the people because they cannot erre Court flattererâ— who teach that the will of the Prince is the measure of all right and wrong of Law and no Law and above all Law must hold that the King is a temporall Pope both in Ecclesiasticall and Civill matters but because they cannot so readily destroy themselves the law of Nature having given to them a contrary internall principle of selfe preservation as a Tyrant who doth care for himselfe and not for the people 3. And because Extremis morbis extrema remedia in an extraordinary exigent when Achab and Iezabell did undoe the Church of God and Tyrannize over both the bodies and consciences of Priest Prophet and people Elias procured the convention of the States and Elias with the peoples helpe killed all Baals Priests the King looking on and no question against his heart In this case I thinke it s more then evident that the people resumed their power 4. We teach not that people should supply all defects in Government nor that they should use their power when any thing is done amisse by the King no more then the King is to cut off the whole people of God when they refuse an Idolatrous service obtruded upon them against all Law the people is to suffer much before they resume their power but this Court slave will have the people to doe what he did not himselfe for when King and Parliament summoned him was he not obliged to appeare Non-compearance when lawfull royall and Parliamentory power summoneth is no lesse resistance then taking of Forts and Castles P. Prelate Then this super-intending power in people may call a King to accompt and punish him for any misdemeanour or act of injustice Why might not the people of Israels Peeres or Sanedrin have convented David before them judged and punished him for his Adultery with Bathsheba and his murther of Uriah but it is holden by all that Tyranny should be an intended universall totall manifest destruction of the whole Common-wealth which cannot fall in the thoughts of any but a mad man What is recorded in the Story of Nero his wish in this kind may be rather judged the expression of transported passion then a fixed resolution Ans The P. Prelate contrary to the scope of his booke which is all for the subject and seat of Soveraigne power against all order hath plunged himselfe in the deep of Defensive armes and yet hath no new thing 1. Our law of Scotland will warrant any subject if the King take from him his heritage or invade his possession against Law to resist the invaders and to summon the Kings intruders before the Lords of Session for that act of injustice Is this against Gods Word or Conscience 2. The Sancdrim did not punish David Ergo it is not lawfull to challenge a King for any one act of injustice from the practice of the Sanedrim to conclude a thing lawfull or unlawfull is logick we may resist 3. By the P. Prelates doctrine the law might not put Bathshebah to death nor yet Joab the neerest agent of the murthering of innocent Vriah because Bathshebaes adulterie was the Kings adulterie she did it in obedience to King David Joabs murther was Royall murther as the murther of all the Cavaliers for he had the Kings hand-writing for it Murther is Murther and the murtherer is to dye though the King by a secret Let alone a private and illegall warrant command it Ergo the Sanedrim might have taken Bathshebaes life and Joabs head also and consequently the Parliament of England if they be Judges as I conceive God and the Law of that ancient and renowned Kingdome maketh them may take the head of many Joabs and Jermines for murther â—or the command of a King cannot legitimate murther 4. David himselfe as King speaketh more for us then for the Prelate 2 Sam. 12. 7. And Davids anger was greatly kindled against the man the man was himselfe v. 7. Thou art the man and he said to Nathan as the Lord liveth the man that hath done this shall surely dye 5. Every act of injustice doth not un-King a Prince before God as every act of uncleannesse doth not make a wife no wife before God 6. The Prelate excuseth Nero and would not have him resisted if all Rome were one neck that he might cut it off with one stroke I read it of Caligula If the Prelate see more in Historie then I doe I yield 7. He saith the thoughts of totall eversion of a Kingdome must only fall on a mad man The King of Britaine was not mad when he declared the Scots Traytors because they resisted the service of the Masse and raised an Army of Prelaticall cut-throats to destroy them if all the Kingdome should resist Idolatry as all are obliged The King sleeped upon this Prelaticall resolution many moneths passions in servor have not a dayes raigne upon a man And this was not so cleare as the sun but it was as cleare as written printed Proclamations and the pressing of Souldiers and the visible marching of Cut-throats and the blocking of Scotland up by sea and land could be visible to men having five senses Covaruv a great Lawyer saith 1. that all Civill power is penes remp in the hands of the Common-wealth
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 God and the people is only the instrumentall cause and Spalato saith that the people doth indirectly only give Kingly power because God at their act of election ordinarily giveth it Ans The Scripture saith plainly as we heard before the people made Kings and if they doe as other second causes produce their effects it is all one that God as the principall cause maketh Kings else we should not argue from the cause to the effect amongst the creatures 2. God by that same action that the people createth a King doth also by them as by his instruments create a King and that God doth not immediatly at the naked presence of the act of popular election conferre Royall dignity on the man without any action of the people as they say by the Churches act of conferring Orders God doth immediatly without any act of the Church infuse from Heaven supernaturall habilities on the man without any active influence of the Church is evident by this 1. The Royall power to make Lawes with the King and so a power eminent in their states representative to governe themselves is in the people for if the most high acts of Royalty be in them why not the power also and so what need to fetch a Royall power from Heaven to be immediatly infused in him seeing the people hath such a power in themselves at hand 2. The people can and doth limite and bind Royall power in elected Kings ergo they have in them Royall power to give to the King those who limit power can take away so many degrees of Royall power and those who can take away power can give power and it is unconceiveable to say that people can put restraint upon a power immediatly comming from God if Christ immediatly infuse an Apostolick spirit in Paul mortall men cannot take from him any degrees of that infused spirit if Christ infuse a spirit of nine degrees the Church cannot limit it to six degrees only but Royalists consent that the people may choose a King upon such conditions to raigne as he hath Royall power of ten degrees whereas his Ancester had by birth a power of foureteen degrees 3. It is not intelligible that the Holy Ghost should give Commandement to the people to make such a man King Deut. 17. 15 16. and forbid them to make such a man King if the people had no active influence in making a King at all but God solely and immediately from Heaven did infuse Royalty in the King without any action of the people save a naked consent only and that after God had made the King they should approve only with an after-act of naked approbation 4. If the people by other Governours as by heads of families and other choise men governe themselves and produce these same formall effects of Peace Justice Religion on themselves which the King doth produce then is there a power of the same kind and as excellent as the Royall power in the people and no reason but this power should be holden to come immediatly from God as the Royall Power for it is every way of the same nature and kind and as I shall prove Kings and Iudges differ not in nature and spece but it is experienced that people doe by Aristocraticall guides governe themselves c. so then if God immediatly infuse Royalty when the people chooseth a King without any action of the people then must God immediatly infuse a beame of governing on a Provost and a Bailiffe when the people choose such and that without any action of the people because all Powers are in abstracto from God Rom. 13. 2. and God as immediatly maketh inferiour Iudges as superiour Prov. 8. 16. and all promotion even to be a Provost or Major commeth from God only as to be a King except Royalists say all promotion commeth from the East and from the West and not from God except promotion to the Royall Throne the contrary whereof is said Ps 75. 6 7. 1 Sam. 2. 7 8. not only Kings but all Judges are Gods Ps 82. 1 2. and therefore all must be the same way created and moulded of God except by Scripture Royalists can shew us a difference An English Prelate giveth Reasons why People who are said to make Kings as efficients and Authors cannot unmake them the one is because God as chief and sole supreame Moderator maketh Kings but I say Christ as the chiefe Moderator and head of the Church doth immediatly conferre abilities to a man to be a Preacher and though by industry the man acquire abilities yet in
the P. Prelate Some of the adversaries as Buchanan say that the Parliament hath no power to make a law but only a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without the approbation of the Communitie Others as the the Observator say that the right of the Gentry and Communalty is intirely in the Knights and Burgesses of the House of Commons and will have their Orders irrevocable If then the common people cannot resume their power and oppose the Parliament how can Tables and Parliaments resume their power and resist the King Answ The ignorant man should have thanked Barclaius for this Argument and yet Barclaius need not thanke him for it hath not the nerves that Barclaius gave it But I answer 1. if the Parliament should have been corrupted by fair hopes as in our age we have seene the like the people did well to resist the Prelates obtruding the Masse Booke when the Lords of the Counsell pressed it against all Law of God and man upon the Kingdome of Scotland and therefore it is denyed that the Acts of Parliament are irrevocable the observator said they were irrevocable by the King he being but one man the P. Prelate wrongeth him for he said onely they have the power of a Law and the King is obliged to confent by his Royall Office to all good Lawes and neither King nor people may oppose them Buchanan said Acts of Parliament are not Lawes obliging the people till they be promulgated and the peoples silence when they are 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 eatenus 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 thut 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
destroyed They give to the King a politique power for their own safetie and they keepe a naturall power to themselves which they must conserve and cannot give away and they doe not breake their covenant when they put in act that naturall power to conserve themselves for though the people should give away that power and sweare though the King should kill them all they should not resist nor defend their own lives yet that being an oath against the sixth Command which enjoyneth naturall selfe-preservation it should not oblige the conscience for it should be intrinsecally sinfull and it 's all one to sweare to non-self-preservation as to sweare to selfe-murther 5. If the people saith the Prelate begging the answer from Barclay the constituent be more excellent then the effect and so the people above the King because they constitute him King Then the Counties and Corporations may make voyd all the Commissions given to the Knights and Burgesses of the House of Commons and send others in their place and repeal their Orders therefore Buchanan saith that Orders and Lawes in Parliament were but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 preparatorie consultationis and had not the force of a Law till the people give their consent and have their influence authoritative upon the Statutes and Acts of Parliament But the observator holdeth that the legislative power is whole and intire in the Parliament But when the Scots were preferring Petitions and Declarations they put all power in the collective body and kept their distinct tables Ans There is no consequence here the Counties and Incorporations that send Commissioners to Parliament may make voyd their Commissions and anull their Acts because they constitute them Commissioners if they be unjust acts they may disobey them and so disanull them but it is presumed God hath given no morall power to doe ill nor can the Counties and Corporations give any such power to evill for they have not any such from God if they be just acts they are to obey them and cannot retract Commissions to make just Orders Illud tantum possumus quod jure possumus and therefore as power to governe justly is irrevocably committed by the three estates who made the King to the King so is that same power committed by the Shires and Corporations to their Commissioners to decree in Parliament what is just and good irrevocably and to take any just power from the King which is his due is a great sin but when he abuseth his power to the destruction of his subjects it is lawfull to throw a sword out of a mad-mans hand though it be his owne proper sword and though he have due right to it and a just power to use it for good for all fiduciary power abused may be repealed and if the Knights and Burgesses of the House of Commons abuse their fiduciary power to the destruction of these Shires and Corporations who put the trust on them the observator did never say that Parliamentary power was so intire and irrevocably in them as that the people may not resist them anull their Commissions and rescind their acts and denude them of fiduciary power even as the King may be denuded of that same power by the three estates for particular Corporations are no more to be denuded of that fountain-power of making Commissioners and of the self preservation then the three estates are 2. The P. Prelate commeth not home to the mind of Buchanan who knew the fundamental Lawes of Scotland the power of Parliaments for his meaning was not to deny a legislative power in the Parliament but when he calleth their Parliamentary declarations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his meaning is only that which Lawyers and Schoole-men both say Leges non promulgatae non habent vim legis actu completo obligatoriae Lawes not promulgated doe not oblige the subject while they be promulgated but he falsifies Buchannan when he saith Parliamentary Lawes must have the authoritative influence of the people before they can be formall Lawes or any more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or preparatory notions And it was no wonder when the King denyed a Parliament and the supreme Senate of the secret Counsell was corrupted then that the people did set up Tables and extraordinary judicatures of the three estates seeing there could not be any other government for the time 6. Barclay answereth to that The meane is inferiour to the end it holdeth not the Tutor and Curator is for the minor as for the end and given for his good but it followeth not that therefore the Tutor in the administration of the minor or Pupils inheritance is not superiour to the minor Ans 1. It followeth well that the Minor virtually and in the intention of the Law is more excellent then the Tutor though the Tutor can exercise more excellent acts then the Pupill by accident for defect of age in the Minor yet he doth exercise those acts with subordination to the Minor and with correction because he is to render an account of his doings to the Pupill comming to age so the Tutor is only more excellent and superiour in some respect 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but not simply and so is the King in some respect above the people The P. Prelate beggeth from the Royalists another of our Arguments Quod efficit tale est magis tale That which maketh another such is farre more such it selfe if the people give Royall Power to the King then farre more is the Royall Power in the people By this saith the Prelate it shall follow if the observator give all his goods to me to make me rich the observator is more rich if the people give most part of their goods to foment the Rebellion then the people are more rich having given all they bâ—ve upon the Publicke Faith Ans 1. This greedy Prelate was made richer then ten poore Pursevants by a Bishopricke it will follow well ergo the Bishopricke is richer then the Bishop whose goods the curse of God blasteth 2. It holdeth in efficient causes so working in other things as the vertue of the effect remaineth in the cause even after the production of the effect As the Sunne maketh all things light the Fire all things hot therefore the Sun is more light the Fire more hot but where the cause doth alienate and make over in a corporall manner that which it hath to another as the hungry Prelate would have the Observators goods it holderh not for the effect may exhaust the vertue of the cause but the people doth as the fountaine derive a streame of Royalty to Saul and make him King and yet so as they keepe Fountain-power of making Kings in themselves yea when Saul is dead to make David King at Hebron and when he is dead to make Solomon King and after him to make Rehoboam King and therefore in the people there is more fountaine power of making Kings then in David in
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 suteth 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 Job 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 1 10. 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 Bucanus 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 Councels 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 Majestie 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 tusles against the Presbytery of a Reformed Church from which he had his baptism fiath 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 never sought the help of the people against the most unjust standing Law of authority 5. They did 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 sworm 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 exviordinis in foro interno conscientiae to Preach or Administrate Sacraments c. Answ Uzzah 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 perse 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 assocîate 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
Office is immediately from God but now the question is what is that which formally applyeth the Office and Royall Power to this Person rather then 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 without a revelation or manifestation extraordinary from Heaven so the designation to a sacred function is from the Church and from man yet the power of Word Sacraments binding and loosing is immediatly from Jesus Christ The Apostle Matthias was from Christs immediate constitution and yet he was designed by men Act. 1. The soule is by creation and infusion without any speciall ordinance from Heaven though nature begeteth the body and disposeth the matter and prepareth it as fit to be conjoyned with the soule so as the father is said to beget the sonne Ans 1. The unchurched Prelate striveth to make us hatefull by the title of the Chapter That God is by his title the immediate Author of Soveraingty and who denyeth that Not those who teach that the person who is King is created King by the people no more then those who deny that men are now called to be Pastors and Deacons immediately and by a voice from Heaven or by the ministery of Angells and Prophets because the Office of Pastors and Deacons is immediately from God 2. When he hath proved that God is the immediate Author of Soveraingty What then shall it follow that the soveraigne in concreto may not be resisted and that he is above all Law and that there is no armour against his violence but prayers and teares So God is the immediate Author of the Pastors of the Apostles Office ergo it is unlawfull to resist a Pastor though he turne robber ergo the Pastor is above all the Kings Lawes this is the Iesuite and all made ergo there is no Armour against the robbing Prelate but prayer and teares 2. He saith in his Title that the King is no Creature of the peoples making If he meane the King in abstracto that is the royall dignity whom speaketh he against Not against us but against his owne father Bellarmine who saith that Soveraignty hath no warrant by any divine Law If he meane that the man who is King is not created and elected King by the people he contradicteth himself and all the Court Doctors 3. It is false that Saul and David their originall of Royalty was onely from God by a speciall Ordinance sent from Heaven for their office is Deut. 17. 14. from the written Word of God as the killing of Idolaters v. 3 7. as the Office of the Priests and Levites 8 9 10. and this is no extraordinary Ordinance from Heaven more than that is from Heaven which is warranted by the Word of God If he meane that these men Saul and David were created Kings by the onely extraordinary revelation of God from Heaven it is a lye for beside the Propheticall anoynting of them they were made Kings by the people as the word saith expresly except we say that David sinned in not setting himselfe downe on the Throne when Samuel anoynted him first King and so he should have made away his Master King Saul out of the world and there were not a few called to the Throne by the people but many yea all the Kings of Israel and Iudah 4. The Prelate contendeth that a King is designed to his royall dignity immediatly from God without an extraordinary revelation from Heaven as the man is designed to be a Pastor by men and yet the power of Preaching is immediatly from God c. but he proveth nothing except he prove that all Pastors are called to be Pastors immediatly and that God calleth and designeth to the Throne such a person immediatly as he hath immediatly instituted by the power of Preaching and the Apostleship and hath immediatly infused the soule in the body by an act of Creation and we cannot conceive how God in our daies when there are no extraordinary revelations doth immediatly create this man a King and immediatly tie the crown to this family rather then to this this he doth by the people now without any Propheticall Vnction and by this medium to wit by the free choice of the people He needeth not bring the example of Matthias more than of any ordinary Pastor and yet an ordinary Pastor is not immediatly called of God because the Office of an ordinary Pastor is from God immediatly and also the man is made Pastor by the Church The P. Prelate saith a thing is immediatly from God three waies 1. When it is solely from God and presupposeth nothing ordinary or humane antecedent to the obteyning of it Such was the power of Moses Saul David Such were the Apostles 2. When the collation of the power to such a person is immediatly from God though some act of man be antecedent as Matthias was an Apostle A baptized man obtaineth remission and regeneration yet aspersion of water cannot produce these excellent effects A King giveth power to a favourite to make a Lord or a Baron yet who is so stupid as to averre the honour of a Lord commeth immediatly from the favourite and not from the King 3. When a man hath by some ordinary humane right a full and just right and the approbation and confirmation of this right is immediatly from God The first way Soveraignty is not from God The second way Soveraignty is conferred on Kings immediatly though some created act of Election succesion conquests intervene the interposed act containeth not in it power to conferre Soveraignty as in Baptisme Regeneration if there be nothing repugnant in the suscipient is conferred not by water but immediatly by God In sacred Orders designation is from men power to supernatur all acts from God election succession conquests remotely and improperly constitute a King To say in the third sence that soveraignty is immediatly from God by approbation or confirmation onely is against Scripture Prov. 8. 15. Psa 82. 8. Ioh. 19. then the people say you are Gods your power is from below And Pauls ordained of God is approved and confirmed onely of God the power of designation or application of the person to royalty is from man the power of conferring royall power or of applying the person to royall power is from God A mans hand may apply a
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 hath no influence in making a King for the people are worthier more excellent then the King and they have an active power of ruling and directing themselves toward the intrinfecall end of humane policie which is the externall safety and peace of a societie in so far as there are morall principles of the Second Table for this effect written in their heart and therefore that royall authoritie which by Gods speciall providence is united in one King and as it were over-gilded and lustered with Princely grace and royall endowments is diffused in the people for the people hath an after-approbative consent in making a King as Royalists confesse water hath no such action in producing grace QUEST IX Whether or no Soveraigntie is so from the people that it remaineth in them in some part so as they may in case of necessitie resume it THe Prelate will have it Babylonish confusion that we are divided in opinion Jesuites saith he place all Soveraigntie in the communitie Of the Sectaries some warrant any one subject to make away his King and that such a worke is no lesse to be rewarded then when one killeth a wolfe Some say this power is in the whole Communitie some will have it in the collective body not conveened by warrant or writ of Soveraignty but when necessitie which is often fancied of reforming State and Church calleth them together Some in the Nobles and Peeres some in the three Estates assembled by the Kings writ some in the inferour Iudges I answer If the Prelate were not a Iesuite himselfe he would not bid his brethren take the mote out of their eye but there is nothing here said but which Barclaius said better before this Plagarius To which I answer We teach that any private man may kill a a Tyrant voyd of all title and a great Royalist Barclaius saith so also And if he have not the consent of the people he is an usurper for we know no externall lawfull calling that Kings have now or their familie to the Crown but only the call of the people all other calls to us are now invisible and unknown and God would not command us to obey Kings and leave us in the darke that we shall not know who is the King the Prelate placeth his lawfull calling to the Crown in such an immediate invisible and subtile act of omnipotencie as that whereby God conferreth remission of sinnes by sprinkling with water in baptisme and that whereby God directed Samuel to annoint Saul and David not Eliab nor any other brother It is the Devill in the P. P. not any of us who teach that any private man may kill a lawfull King though tyrannous in his government For the subject of Royall power we affirme the first and ultimate and native subject of all power is the Communitie as reasonable men naturally inclining to a societie but the ethicall and politicall subject or the legall and positive receptacle of this power is various according to the various constitutions of the policie In Scotland and England it is the three Estates of Parliament in other Nations some other Iudges or Peeres of the Land The Prelate had no more common sense for him to object a confusion of opinions to us for this then to all the Common-wealths on earth because all have not Parliaments as Scotland hath all have not Constables and Officials and Churchmen Barons Lords of Councell Parliaments c. as England had But the truth is the Communitie orderly conveened as it includeth all the Estates civill have hand and are to act in choosing their Rulers I see not what priviledge Nobles have above Commons in a Court of Parliament by Gods law but as they are Iudges all are equally Iudges and all make up one congregation of Gods But the question now is if all power of governing the Prelate to make all the people Kings saith if all Soveraignty be so in the people that they retaine power to guard themselves against Tyranny And if they reteine some of it habitu in habit and in their power I am not now unseasonably according to the Prelates order to dispute of the power of lawfull defence against tyranny but I lay down this maxime of Divinitie Tyranny being a worke of Sathan is not from God because sinne either habituall or actuall is not from God the power that is must be from God the Magistrate as Magistrate is good in nature of office and the intrinsecall end of his office Rom. 13. 4. for he is the Minister of God for thy good and therefore a power ethicall politick or morall to oppresse is not from God and is not a power but a licentious deviation of a power and is no more from God but from sinfull nature and the old serpent then a license to sinne God in Christ giveth pardons of sinne but the Pope not God giveth dispensations to sinne 2. To this adde If for nature to defend it selfe be lawfull no Communitie without sin hath power to alienate and give away this power for as no power given to man to murther his brother is of God so no power to suffer his brother to be murthered is of God and no power to suffer himselfe à fortiori far lesse can be from God Here I speake not of physicall power for if free will be the creature of God a physicall power to acts which in relation to Gods law are sinfull must be from God But I now follow
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 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 surious 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 â—ay 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 â—n 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 Moduâ— 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 madâ— 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
regard the Church doth not so much as instrumentally conferre those abilities they may be said to come from God immediatly in relation to the Church who calleth the man to the ministery yea Royalists as our excommunicated Prelate learned from Spalato say that God at the naked presence of the Churches call doth immediatly infuse that from Heaven by which the man is now in Holy Orders and a Pastor whereas he was not so before and yet Prelates cannot deny but they can unmake Ministers and have practised this in their unhallowed Courts and therefore though God immediatly without any action of the people make Kings this is a weake reason to prove they cannot unmake them As for their undeleble character that Prelates cannot take from a Minister it is nothing if the Church may unmake a Minister though his character goe to prison with him we seeke no more but to anull the reason God immediatly maketh Kings and Pastors ergo no power on earth can unmake them this consequence is as weake as water 2. The other cause is because God hath erected no Tribunall on earth higher then the Kings Tribunall ergo no power on earth can unmake a King the Antecedent and consequence is both denyed and is a begging of the question for the Tribunall that made the King is above the King 2. Though there be no Tribunall formally regall and Kingly above the King yet is there a Tribunall vertuall eminently above him in the case of tyranny for the States and Princes have a Tribunall above him 3. To this the constituent cause is of more power and dignity then the effect and so the people is above the King The P. Prelate borrowed an answer from Arnisaeus and Barclay and other Royalists and saith If we knew any thing in Law or were ruled by reason Every constituent saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words where the constituent hath resigned all his power in the hand of the Prince whom he constitutes is of more worth and power then he in whose hand they resigne the power so the proposition is false The servant who hath constituted his Master Lord of his liberty is not worthier then his Master whom he hath made his Lord and to whom he hath given himselfe as a slave for after he hath resigned his liberty he cannot repent he must keepe covenant though to his hurt yea such a servant is not only not above his Master but he cannot move his foot without his Master The Governour of Britaine saith Arnisaeus being despised by King Philip resigned himselfe as Vassall to King Edward of England but did not for that make himselfe superiour to King Edward indeed he who constituteth another under him as a Legat is superiour but the people doe constitute a King above themselves not a King under themselves and therefore the people are not by this made the Kings superiour but his inferiour Ans 1. It is false that the people doth or can by the Law of nature resigne their whole liberty in the hand of a King 1. they cannot resigne to others that which they have not in themselves Nemo potest dare quod non habet but the people hath not an absolute power in themselves to destroy themselves or to exercise those tyrannous acts spoken of 1 Sam. 8. 11 12 13 14 15 c. for neither God nor Natures Law hath given any such power 2. He who constituteth himselfe a slave is supposed to be compelled to that unnaturall fact of alienation of that liberty which he hath from his Maker from the wombe by violence constraint or extreame necessity and so is inferiour to all free men but the people doth not make themselves slaves when they constitute a King over themselves because God giving to a people a King the best and excellentest Governour on earth giveth a blessing and speciall fafour Esay 1. 26. Hosea 1. v. 11. Esay 3. 6 7. Ps 79. 70 71 72. but to lay upon his people the state of slaverie in which they renounce their whole libertie is a curse of God Gen. 9. 25. Gen. 27. 29. Deut. 28. 32. 36. But the people having their liberty to make any of ten or twenty their King and to advance one from a private state to an honorable throne whereas it was in their libertie to advance another and to give him Royall power of ten degrees whereas they might give him power of twelve degrees and of eight or sixe must be in excellencie and worth above the man whom they constitute King and invest with such honour as Honour in the fountain and honos participans originans must be more excellent and pure then the derived honour in the King which is honos participâ—tus originatus 2. If the servant give his libertie to his master ergo he had that libertie in him and in that act libertie must be in a more excellent way in the servant as in the Fountaine then it is in the master and so this libertie must be purer in the people then in the King and therefore in that both the servant is above the master and the People worthier then the King and when the people give themselves conditionally and Covenant-wise to the King as to a Publique servant and Patron and Tutour as the Governour of Britaine out of his humour gave himselfe to King Edward there is even here a note of superioritie Every giver of a benefit as a giver is superior to him to whom the gift is given though after the servant hath given away his gift of libertie by which he was superiour he cannot be a superior because by his gift he hath made himselfe inferior 3. The People constituteth a King above themselves I distinguish supra se above themselves according to the fountaine power of Royaltie that is false for the fountaine-power remaineth most eminently in the people 1. because they give it to the King ad modum recipientis and with limitations ergo it is unlimited in the people and bounded and limited in the King and so lesse in the King then in the people 2. If the King turne distracted and an ill spirit from the Lord come upon Saul so as reason be taken from a Nebuchadnezzar it is certaine the people may put Curators and Tutors over him who hath the Royall power 3. If the King be absent and taken captive the People may give the Royall power to one or to some few to exercise it as custodes regni And 4. if he die and the Crown goe by election they may create another with more or lesse power all which evinceth that they never constituted over themselves a King in regard of fountaine-power for if they give away the fountaine as a slave selleth his libertie they could not make use of it Indeed they set a King above them quoad potestatem legum executivam in regard of a power of executing lawes and
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 in 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 Baker 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.
threatning 4. To be a King and an absolute Master to me are contradictory a King essentially is a living Law An absolute man is a creature that they call a Tyrant and no lawfull King yet doe I not meane that any that is a King and usurpeth absolutenesse leaveth off to be a King but in so far as he is absolute he is no more a King then in so far as he is a Tyrant But further the King of England saith in a Declaration 1. The Law is the measure of the Kings Power 2. Parliaments are essentially Lord Iudges to make Lawes essentially as the King is ergo the King is not above the Law 3. Magna Charta saith the King can doe nothing but by Lawes and no obedience is due to him but by Law 4. Prescription taketh away the title of conquests Obj 3. The King not the Parliament is the Anoynted of God Ans The Parliament is as good even a Congregation of Gods Psalme 82. 1. Obj. 4. The Parliament is the Court in their Acts they say with consent of our Soveraigne Lord. Ans They say not at the Commandement and absolute pleasure of our Soveraigne Lord. 2. He is their Lord materially not as they are formally a Parliament for the King made them not a Parliament but sure I am the Parliament had power before he was King and made him King 1 Sam. 10. 17 18. Obj. 5. In an absolute Monarchy there is not a resignation of men to any will as will but to the reasonable will of the Monarch which having the law of reason to direct it is kept from injurious acts Ans If reason be a sufficient restraint and if God hath laid no other restraint upon some lawfull King yee reason Then is Migistracy a lame a needlesse ordinance of God for all Mankind hath reason to keepe themselves from injuries and so there is no need of Iudges or Kings to defend them from either doing or suffering injuries But certainly this must be admirable If God as Author of nature should make the Lyon King of all beasts the Lyon remaining a devouring beast and should ordaine by nature all the sheepe and Lambs to come and submit their corps to him by instinct of nature and to be eaten at his will and then say The nature of a beast in a Lyon is a sufficient restraint to keepe the Lyon from devouring Lambs Certainly a King being a sinfull man and having no restraint on his power but reason he may thinke it reason to allow rebells to kill drowne hang torture to death an hundred thousand Protestants men women infants in the wombe and sucking babes as is clere in Pharaoh Manasseh and other Princes Obj. 6. There is no Court or Iudge above the King ergo he is absolutely supreame Ans The Antecedent is false The Court that made the King of a private man a King is above him and here are limitations laid on him at his Coronation 2. The States of Parliament are above him to censure him 3. In case of open Tyranny though the States had not time to conveen in Parliament if he bring on his people an hoast of Spaniards or forraine Rèbells his owne conscience is above him and the conscience of the people farre more called conscientia terrae may judge him in so farre as they may rise up and defend themselves Obj. 7. Here the Prelate borrowing from Grotius Barclay Arnisaeus or it s possible he be not so farre travelled for Doct. Ferne hath the same Soveraignty weakned in Aristocracy cannot do◠its worke and is in the next place to Anarchy and confusion When Zedekiah was over Lorded by his Nobles he could neither save himselfe nor the people nor the Prophet the servant of God Ieremiah nor could David punish Ioab when he was over-awed by that power he himselfe had put in his hand To weaken the head is to distemper the whole body if any good Prince or his Royall Antecessors be cheated of their sacred right by fraud or force he may at his fittest opportunity resume it What a sinne is it to rob God or the King of their due Ans Aristocracy is no lesse an ordinance of God then Royalty for Rom. 13. 1. and 1 Tim. 2. 1. All in Authority are to be acknowledged as Gods Vice-gerents the Senate the Consuls as well as the Emperour And so one ordinance of God cannot weaken another nor can any but by a lawlesse Animall say Aristocracy bordereth with confusion but he must say Order and Light are sister Germanes to confusion and darknesse 2 Though Zedekiah a man voyd of God were over-awed with his Nobles and so could not help Ieremiah it followeth not that because Kings may not do this and this good therefore they are to be invested with power to doe all ill if they doe all the good that they have power to doe they 'l finde way to helpe the oppressed Jeremiahes and because power to doe both good and evill is given by the Divell to our Scottish Witches it s a poore consequent that the States should give to the King power absolute to be a Tyrant 3. A State must give a King more power then ordinary especially to execute Laws which requireth singular wisdom when a Prince cannot alwayes have his great Councell about with him to advise him But 1. That is power borrowed and by loan and not properly his own and therefore it is no sacriledge in the States to resume what the King hath by a fiduciary Title and borrowed from them 2. This power was given to do good not evill David had power over Joab to punish him for his murther but he executed it not upon carnall fears and abused his power to kill innocent Vriah which power neither God nor the States gave him But how proveth he the States took power from David or that Ioab took power from David to put to death a murtherer that I see not 3. If Princes power to do good be taken from them they may resume it when God giveth opportunity But this is to the Prelate Perjury that the people by Oath give away their power to their King and resume it when he abuseth it to Tyranny But it is no perjurie in the King to resume a taken away power which if it be his own is yet lis sub judice a great controversie Quod in Cajo licet in Nevio non licet So he teacheth the King That Perjurie and Sacriledge is lawfull to him If Princes power to do ill and cut the whole Land off as one neck which was the wicked desire of Caligula be taken from them by the States I am sure 1. This power was never theirs and never the peoples and you cannot take the Princes power from him which was never his power 2. I am also sure the Prince should never resume an unjust power though he were cheated of it P. Prelate It is a poor shift to acknowledge no more for the
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 i◠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 positive covenant made with him To finde out the essentiall difference betwixt a King and a Tyrant We are to observe that it is one thing to sin against a man another thing against a State David killing Vriah committed an act of murther But on this supposition that David is not punished for that murther he did not so sin against the State and Catholike good of the State that he turneth Tyrant and ceaseth to be a lawfull King A Tyrant is he who habitually sinneth against the Catholike good of the Subjects and State and subverteth Law Such a one should not be as Jason of whom it is said by Aeneas Silvius Graviter ferebat si non regnaret quasi nesciret esse privatus When such as are monstrous Tyrants are not taken away by the Estates God pursueth them in wrath Domitian was killed by his own Family his wife knowing of it Aurelianus was killed with a thunder-bolt Darius was drowned in a River Dioclesian fearing death poysoned himself Salerius died eaten with Worms The end of Herod and Antiochus Maxentius was swallowed up in a standing River Iulian died being stricken through with a Dart thrown at him by a man or an Angel it is not known Valens the Arian was burnt with fire in a little Village by the Gothes Anastasius the Eutychian Emperour was stricken by God with thunder Gundericus Vandalus when he rose against the Church of God being apprehended by the Divell died Some time the State have taken order with Tyrants The Empire was taken from Vitellius Heliogabalus Maximinus Didius Iulianus So was the two Childerici of France served So were also Sigebertus Dagabertus and Lodowick the 11. of France Christiernus of Denmark Mary of Scotland who killed her husband and raised Forces against the Kingdom So was Henricus Valesius of Pol for fleeing the Kingdom Sigismundus of Pol for violating his faith to the States QUEST XXV What force the Supreme Law hath over the King even that Law of the Peoples safetie called Salus Populi THe Law of the 12. Tables is Salus populi Suprema lex The safetie of the People is the supreme and Cardinall law to which all Lawes are to stoope And that from these Reasons 1. Originally Because if the People be the first Author Fountaine and Efficient under God of Law and King then their own safetie must be principally sought and their safetie must be farre above the King as the safetie of a Cause especially of an universall Cause such as is the People must be more then the safetie of one as Aristotle saith l. 3. polit alias l. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The part cannot be more excellent then the whole nor the effect above the cause 2. Finaliter This Supreme law must stand for if all Law Policie Magistrates and Power be referred to the peoples good as the end Rom. 13. 4. and to their quiet and peaceable life in godlinesse and honestie then must this Law stand as of more worth then the King as the end is of more worth then the meanes leading to the end for the end is the measure and rule of the goodnesse of the meane and finis ultimus in influxu est potentissimus The King is good because he conduceth much for the safetie of the People Ergo the safetie of the people must be better 3. By way of limitation Because no Law in its letter hath force where the safetie of the Subject is in hazard and if Law or King be destructive to the people they are to be abolished This is cleare in a Tyrant or a
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 Vâ— l. vim F. de iustit jure ubi plene per omnes Vasquez l. 1. c. S. n. 33. Barcla contra Monaroho 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 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 tâ—â—o 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 thâ— 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
Duke of Venice Assert 3. Every government hath some thing wherein it is best 1. Monarchy is honorable and glorious-like before men Aristocracie for counsell is surest Democracie for liberty and possibly for riches and gaine best Monarchy obtaineth its end with more conveniency 1. Because the ship is easilier brought to land when one sitteth at the helme then when ten move the helme 2. Wee more easily feare love obey and serve one then many 3. He can more easily execute the Lawes Assert 4. A limited and mixed Monarchy such as is in Scotland and England seeme to me the best government when Parliaments with the King have the good of all the three This government hath 1. glory order unitie from a Monarch from the government of the most and wisest it hath safety of counsell stability strength from the influence of the Commons it hath liberty priviledges promptitude of obedience Object 1. There is more power terrour and love in one then in many Answ Not more power 2. terrour cometh from sin and so to nature fallen in sin in circumstances a Monarchy is best Object 2. It is more convenient to nature that one should be Lord then many Answ To sinlesse nature true as in a father to many children Object 3 Monarchies for invention of counsels execution concealing of secrets is above any other government Answ That is in some particulars because sin hath brought darknesse on us so are we all dull of invention slow in execution and by reason of the falsnesse of men silence is needlesse but this is the accidentary state of nature otherways there is safety in a multitude of counsellers one commanding all without following counsell trusteth in his own heart and is a foole Object 4. A Monarch is above envy because he hath no equall Answ Grant all in many things a Monarchy is more excellent but that is nothing to an absolute Monarchy for whom Royalists contend Object 5. In a multitude there be more fooles then wise men and a multitude of vices and little vertue is in many Answ Meere multitude cannot governe in either Democracy or Aristocracy for then all should be rulers and none ruled but many eyes see more thâ—n one by accident one may see more then hundreds but accidents are not rules Object 6. Monarchy is most perfect because most opposite to Anarchy and most agreeable to nature as is evident in Plants Birds Bees Answ Government of sinlesse nature void of reason as in birds bees is weak to conclude politique civil government amongst men in sin and especially absolute government a King-Bee is not absolute nor a King-Eagle if either destroy its fellowes by nature all rise and destroy their King 2. A King-Bee doth not act by counsell borrowed from fellow Bees as a King must do and communication of counsels lesseneth absolutenesse of a man 2. I see not how a Monarchy is more opposite to Anarchy and confusion then other governments a Monarch as one is more opposite to a multitude as many but there is no lesse order in Aristocracy then in Monarchy for a government essentially includeth order of commanding and subjection Now one is not for absolutenesse more contrary to Anarchy then many for that one now who can easily slip from a King to a Tyrant cannot have a negative voice in acts of justice for then should he have a legall power to oppose justice and so for his absolutenesse he should be most contrary to order of justice and a Monarch because absolute should be a door-neighbour to disorder and confusion Object But the Parliament hath no power to deny their voices to things just or to crosse the law of God more then the King Answ It is true neither of them hath a negative voice against law and reason but if the Monarch by his exorbitant power may deny justice he may by that same legall power do all injustice and so there is no absolutenesse in either Object Who should then punish and coerce the Parliament in the case of exorbitance Answ Posterior Parliaments Object Posterior Parliaments and people both may erre Answ All is true God must remedy that onely 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 Royall I Conceive Kings are conceived to have a threefold supreme power 1. Strictly absolute to do what they please their will being simply a law this is Tyranicall some Kings have it de facto ex consuetudine but by a divine law none have it I doubt if any have it by a human positive law except the great Turk and the King of Spaine over his conquest without the borders of Europe and some few other conquerours There is another 2. power limited to Gods law the due proper right of Kings Deut. 17. 18. 19. 20. There is 3. a potest as 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 given to Christ because it had Cesars image and superscription Math. 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 invaders and defend themselves this power no 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 Prorenatâ— 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 governe the common-wealth therefore
primarily and naturally in the multitude from it derived to the King immediatly from God The reason of which order is because we cannot reape the fruites of government unlesse by compact we submit to some possible and accidentall inconveniences Ans 1. Who speaketh so the P. Prelate cannot name That Soveraigne power is primarily and naturally in the multitude Vertually it may be Soveraignty is in the multitude but primarily and naturally as heat is in the fire light in the Sun I thinke the P. Prelate dreamed it no man said it but himselfe for what attribute is naturally in a Subject I conceive may directly and naturally be predicated thereof Now the P. Prelate hath taught us of a very naturall predication Our Dreadful and Soveraign Lord the multitude commandeth this and this 2. This is no more a reason for a Monarchy then for a Democracy for we can reape the fruites of no government except we submit to it 3. We must submit in Monarchy saith he to some possible and accidentall inconveniences Here be soft words but is subversion of Religion Lawes and Liberties of Church and State introducing of Popery Arminianisme of Idolatry Altar-worship the Masse proved by a learned Treatise The Canterburian selfe conviction printed the 3. edit an 1641. never answered couched under the name of inconveniency The pardoning of the innocent blood of hundreds of thousand Protestants in Ireland the killing of many thousands Nobles Barons Commons by the hands of Papists in Armes against the Law of the Land the making of England a field of blood the obtruding of an Idolatrous Service-Booke with Armies of men by Sea and Land to blocke up the Kingdome of Scotland are all these inconveniences only 4. Are they only possible and accidentall but make a Monarch absolute as the P. Prelate doth and tyranny is as necessary and as much intended by a sinfull man inclined to make a God of himselfe as it is naturall to men to sinne when they are tempted and to be drunken and giddy with honour and greatnesse witnesse the Kings of Israel and Iudah though de jure they were not absolute Is it accidentall to Nero Iulian to the ten hornes that grew out of the womans head who sate upon the scarlet colloured beast to make warre against the Lambe and his followers especially the spirit of Sathan being in them P. Prelate They inferre 1. They cannot without violation of a Divine ordinance and breach of faith resume the authority they have placed in the King 2. It were high sin to rob authority of its essentials 3. This ordinance is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and hath urgent reasons Ans 1. These namelesse Authors cannot inferre that an Oath is broken which is made conditionally all authority given by the people to the King is conditionall that he use it for the safety of the people if it be used for their distruction they breake no faith to resume it for they never made faith to give up their power to the King upon such tearmes and so they cannot be said to resume what they never gave 2. So the P. Prelate maketh power to act all the former mischiefes the essentialls of a King Balaam he is not worthy his wages for Prophecying thus that the Kings essentialls is a power of blood and destructive to people Law Religion and liberties of Church and State for otherwise we teach not that people may resume from the King Authority and power to disarme Papists to roote out the bloody Irish and in justice serve them as they have served us 3. This ordinance of the people giving lawfull power to a King for the governing of the people in peace and godlinesse is Gods good pleasure and hath just reasons and causes But that the people make over a power to one man to act all the inconveniences above named I mean the bloody and destructive inconveniences hath nothing of God or reason in it P. Prelate The reasons of this opinion are 1. If Power soveraigne were not in one he could not have strength enough to act all necessary parts and acts of government 2. Nor to prevent divisions which attend multitudes or many indowed with equall power and the Authors say They must part with their native right entirely for a greater good and to prevent greater evills 3. To resume any part of this power of which the people have totally devested themselves or to limit it is to disable Soveraignty from government loose the sinewes of all society c Ans 1. I know none for this opinion but the P. Prelate himselfe The first Reason may be made rhyme but never reason for though there be not absolute power to good and ill there may be strength of limited power in abundance in the King and sufficient for all acts of just Government and the adequate end of Government which is salus populi the safetie of the people But the Royalist will have strength to be a Tyrant and act all the Tyrannicall and bloody inconveniences of which we spake an essentiall part of the power of 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
have a ministeriall 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 swear 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 athis 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 and indifferent and what else is of this straine are so due to the prerogative of the Crown 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 Abiathar David by no teaching of Church-men appointed the forme of the Temple 2. Hath God given a Prerogative 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 3. 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 Faith 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
be under his own and the Parliaments Law to governe only by Law I prove the Assumption from Parl. 3. of K. Iames the 1. Act 48. Ordaines That all and sundry the Kings Lieges be governed under the Kings Laws and Statutes of the Realme allanerly and under no particular Lawes or speciall Priviledges nor by any Lawes of other Countries or Realmes Priviledges doe exclude Lawes Absolute pleasure of the King as a Man and the Law of the King as King are opposed by way of contradiction and so in Parl. 6. K. James 4. Act. 79. and ratified Parl. 8. K. Iames 6. Act. 131. 2. The King at his Coronation 1 Par. K. James 6. Act. 8. sweareth to maintaine the true Kirk of God and Religion now presently professed in puritie And to rule the People according to the Lawes and Constitutions received in the Realme causing Justice and equitie to be ministred without partialitie This did King Charles sweare at his Coronation and ratified Parl. 7. K. Iam. 6. Act. 99. Hence he who by the Oath of God is limited to governe by Law can have no Prerogative above the Law If then the King change the Religion Confession of Faith authorised by many Parliaments especially by Parliament 1 K. Charles An. 1633. He goeth against his Oath 3. The Kings Royall Prerogative or rather Supremacie enacted Parl. 8. K. James 6. Act. 129. and Parl. 18. Act. 1. and Parl. 21. Act. 1. K. Iames and 1 Parl. K. Charles Act. 3. cannot 1. be contrary to the Oath that K. Charles did sweare at his Coronation which bringeth down the Prerogative to governing according to the standing Lawes of the Realme 2. It cannot be contrary to these former Parliaments and Acts declaring that the Lieges are to be governed by the Lawes of the Realme and by no particular Lawes and speciall Priviledges but absolute Prerogative is a speciall Priviledge above or without Law which Acts stand unrepealed to this day and these Acts of Parliaments stand ratified An. 1633. the 1 Parl. K. Charles 3. Parl. 8. K. Iames 6. in the first three Acts thereof the Kings Supremacie and the power and authoritie of Parliaments are equally ratified under the same paine Their jurisdictions power and judgements in Spirituall or Temporall causes not ratified by His Majestie and the three Estates conveened in Parliament are discharged But the Absolute Prerogative of the King above Law Equity and Iustice was never ratified in any Parliament of Scotland to this day 4. Parliam 12. K. Iames 6. Act. 114. All former Acts in favour of the true Church and Religion being ratified Their power of making Constitutions concerning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Order and Decency the Priviledges that God hath given to spirituall Office-bearers as well of Doctrine and Discipline in matters of Heresie Excommunication Collation Deprivation and such like warranted by the Word of God and also to Assembles and Presbyteries are ratified Now in that Parliament in Acts so contiguous we are not to think That the King and three Estates would make Acts for establishing the Churches power in all the former heads of Government in which Royalists say The soul of the Kings Absolute Prerogative doth consist And therefore it must be the true intent of our Parliament to give the King a Supremacy and a Prerogative Royall which we also give but without any Absolutenesse of boundlesse and transcendent power above Law and not to obtrude a Service-Book and all the Superstitious Rites of the Church of Rome without Gods Word upon us 5. The former Act of Parliament ratifieth the true Religion according to the Word of God then could it never have been the intent of our Parliament to ratifie an Absolute supremacy according to which a King might govern his people as a Tyrannous Lion contrary to Deut. 17. 18 19 20. And 't is true The 18. P. of King James 6. Act. 1. and Act. 2. upon personall qualifications giveth a Royall Prerogative to King James over all causes persons and estates within His Majesties Dominion whom they humbly acknowledge to be Soveraign Monarch Absolute Prince Judge and Governour over all Estates Persons and Causes These two Acts for my part I acknowledge spoken rather in Court-expressions then in Law-termes 1. Because personall vertues cannot advance a limited Prince such as the Kings of Scotland Post hominum memoriam ever were to be an Absolute Prince Personall graces make not David absolutely supreme Judge over all persons and causes nor can King James advanced to be King of England be for that made more King of Scotland and more supreme Iudge then he was while he was onely King of Scotland A wicked Prince is as essentially supreme Iudge as a godly King 2. If this Parliamentary figure of speech which is to be imputed to the times exalted King James to be Absolute in Scotland for his personall indowments there was no ground to put the same on King Charls Personall vertues are not alway Hereditary though to me the present King be the best 3. There is not any Absolutenesse above Law in the Act. 1. The Parliament must be more absolute themselves King James 6. had been divers yeers before this 18. Parl. King of Scotland then if they gave him by Law an Absolutenesse which he had not before then they were more Absolute These who can adde Absolutenesse must have it in themselves Nemo dat quod non habet if it be said King James had that before the Act the Parliament legally declared it to be his power which before the Declaration was his power I answer All he had before this Declaration was to govern the people according to Law and Conscience and no more and if they declare no other Prerogative Royall to be due to him there is an end we grant all But then this which they call Prerogative Royall is no more then a power to govern according to Law and so you adde nothing to King James upon the ground of his personall vertues onely you make an oration to his praise in the Acts of Parliament 4. If this Absolutenesse of Prerogative be given to the King the subjects swearing obedience swear That he hath power from themselves to destroy themselves this is neither a lawfull oath nor though they should swear it doth it oblige them 6. A Supreme Iudge is a supreme father of all his children and all their causes and to be a supreme Father cannot be contrary to a supreme Iudge but contrary it must be if this supremacy make over to the Prince a power of devouring as a Lyon and that by a regall priviledge and by office whereas he should be a father to save or if a Iudge kill an ill-doer though that be an act destructive to one man yet is it an act of a father to the Common-wealth An act of supreme and absolute Royaltie is often an act of destruction to one particular man and to the whole Common-wealth For example when the King out of his Absolute