Nature why one Man should be King and Lord over another therefore while I be otherwise taught by the forecasten Prelate Maxwell I conceive all jurisdiction of Man over Man to be as it were Artificiall and Positive and that it inferreth some servitude whereof Nature from the womb hath freed us if you except that subjection of children to parents and the wife to the husband and the Law saith De jure gentium secundarius est omnis principatus 2. This also the Scripture proveth while as the exalting of Saul or David above their Brethren to be Kings and Captains of the Lords people is ascribed not to Nature for King and Beggar spring of one clay-mettall but to an act of Divine bounty and grace above Nature so Psal 78. 70 71. He took David from following the Ewes and made him King and feeder of his people 1 Sam. 13. 13. There is no cause why Royallists should deny Government to be naturall but to be altogether from God and that the Kingly power is immediatly and only from God because it is not naturall to us to subject to Government but against Nature and against the hair for us to resign our liberty to a King or any Ruler or Rulers for this is much for us and proveth not but Government is naturall it concludeth that a power of Government tali modo by Magistracy is not naturall but this is but a Sophisme a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad illud quod est dictum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this speciall of Government by resignation of our liberty is not naturall Ergo power of Government is not naturall it followeth not a negatione speciei non sequitur negatio generis non est homo ergo non est animal And by the same reason I may by an antecedent will agree to a Magistrate and a Law that I may be ruled in a politick Society and by a consequent will onely yea and conditionally onely agree to the penalty and punishment of the Law and it is most true no man by the instinct of Nature giveth consent to Penall Laws as Penall for Nature doth not teach a man nor incline his spirit to yeeld that his life shall be taken away by the sword and his blood shed except in this remote ground a man hath a disposition that a veine be cutt by the Physitian or a Member of his body cut off rather then the whole body and life perish by some contagious disease but here reason in cold blood not a naturall disposition is the neerest prevalent cause and disposer of the businesse When therefore a communitie by natures instinct and guidance incline to Government and to defend themselves from violence they do not by that instinct formally agree to Government by Magistrates and when a naturall conscience giveth a deliberate consent to good Laws as to this He that doth violence to the life of a man by man shall his blood be shed Gen. 9. 6. He doth tacitely consent that his own blood shall be shed but this he consenteth unto consequently tacitely and conditionally If he shall do violence to the life of his brother Yet so as this consent proceedeth not from a disposition every way purely naturall I grant reason may be necessitated to assent to the conclusion being as it were forced by the prevalent power of the evidence of an insuperable and invincible light in the premises yet from naturall affections there resulteth an act of self-love for self-preservation So David shall condemn another rich man who hath many Lambs and robbeth his poor brother of his one Lamb and yet not condemn himself though he be most deep in that fault 1 Sam. 12. 5 6. yet all this doth not hinder but Government even by Rulers hath its ground in a secondary Law of nature which Lawyers call secundariò jus naturale or jus gentium secundarium a secondary Law of nature which is granted by Plato and denied by none of sound judgement in a sound sense and that is this Licet vim virepellere It is lawfull to repeal violence by violence and this is a speciall act of the Magistrate 2. But there is no reason why we may not defend by good reasons that politick Societies Rulers Cities and Incorporations have their rise and spring from the secundary Law of nature 1. Because by Natures Law family-Family-Government hath its warrant and Adam though there had never been any positive Law had a power of governing his own family and punishing malefactors but as Tannerus saith well and as I shall prove God willing this was not properly a Royall or Monarchicall power and I judge by the reasoning of Sotus Molina and Victoria By what reason a Family hath a power of Government and of punishing Malefactors that same power must be in a societie oâ— men Suppose that sociâ—tie were not made up of Families but of single persons for the power of punishing ill-doers doth not reside in one single man of a familie or in them all as they are single private persons but as they are in a familie But this argument holdeth not but by proportion for paternall government or a fatherly power of parents over their families and a politick power of a Magistrate over many families are powers different in nature the one being warranted by natures law even in its species the other being in its spece and kind warranted by a positive law and in the generall only warranted by a law of nature 2. If we once lay the supposition that God hath immediately by the law of nature appointed there should be a Government and mediately defined by the dictate of naturall light in a communitie that there shall be one or many Rulers to governe the Communitie then the Scriptures arguments may well be drawn out of the school of nature as 1. The powers that are be of God therefore natures light teacheth that we should be subject to these powers 2. It is against natures light to resist the ordinance of God 3. Not to feare him to whom God hath committed the sword for the terror of evill doers 4. Not to honour the publike rewarder of well-doing 5. Not to pay tribute to him for his worke Therefore I see not but Govarruvias Soto Suarez have rightly said that power of Government is immediately from God and this or this definite power is mediately from God proceeding from God by the mediation of the consent of a Communitie which resigneth their power to one or moe Rulers and to me Barclaius saith the same quamvis populus potentiae largitor videatur c. QUEST III. Whether Royall Power and definite forms of Government be from God THe King may be said to be from God and his word in these seveall notions 1. By way of permission Ier. 43. 10. Say to them thus saith the Lord of hoasts the God of Israel Behold I will send and take Nebuchadnezzar the King of
apart to be King in the Lords â—it time and after this annointing he was no more formally a King then Doeg or Nabal were Kings but a subject who called Saul the Lords anointed and King and obeyed Saul as another subject doth his King but it is certaine God by no other act made David King at Hebron then by Israels act of free electing him to be King and leader of the Lords people as God by no other act sendeth down rain on the earth but by Gods melting the clouds and causing raine to fall on the earth and therefore to say Israel made David King at Hebron that is Israel approved only and consented to a prior act of Gods making David King is all one as to say Saul prophecied that is Saul consented to a prior act of the Spirit of God who prophecied and Peter preached Act. 2. that is Peter approved and consented to the Holy Ghosts act of preaching Which to say is childish Assert 4. The King is an head of the Commonwealth only metaphorically by a borrowed speech in a politique sense because he ruleth commandeth directeth the whole politique body in all their operations and functions But he is not univocally and essentially the head of the Commonwealth 1. The same very life in number that is in the head is in the members there be divers distinct soules and lives in the King and in his Subjects 2. The head naturall is not made an head by the free election and consent of armes shoulders leggs toes fingers c. The King is made King only by the free election of his people 3. The naturall head so long as the person liveth is ever the head and cannot cease to be a head while it is seated on the shoulders The King if he sell his people their persons and soules may leave off to be a King and Head 4. The head and members live together and dye together the King the people are not so the King may dye and the People live 5. The naturall head cannot destroy the members and preserve it selfe but King Nero may waste and destroy his people D. Ferne M. Simmons the P. Prelate when they draw arguments from the head do but dream as the members should not resist the head Naturall members should not or cannot resist the head though the hand may pull a tooth out of the head which is no small violence to the head But the members of a Politique body may resist the Politique head 2. This or that King is not the adequate and totall Politique head of the Common-wealth and therefore though you cut off a Politique head there 's nothing done against nature If you cut off all Kings of the Royall line and all Governors Aristocraticall both King and Parliament this were against nature And a Common-wealth which would cut off all Governors and all Heads should goe against nature and run to ruine quickly I conceive a societie of reasonable men cannot want Governours 6. The naturall head communicateth life sense and motion to the members and is the seat of externall and internall senses the King is not so Hence Assert 5. the King is not properly the head of a family for 1. as Tholossa saith well de Rep. l. 5. c. 5. Nature hath one intention in making the thumbe another intention in making the whole hand another in forming the body so there is onâ— intention of the God of nature in governing of one man another in governing a Familie another in governing a Citie nor is the thumbe King of all the members so domestick government is not Monarchicall properly 1. The mother hath a parentall power as the father hath Prov. 4. 5. 10. 3. 31. 17. so the 5. Command saith Honour thy father and thy mother 2. Domestick government is naturall Monarchicall politique 3. Domestick is necessary Monarchicall is not necessary other governments may be as well as it 4. Domestick is universall Monarchicall not so 5. Domesticall hath its rise from naturall instinct without any farther instruction a Monarchicall government is not but from election choosing one Government not another Hence that is a fiduciarie power or a power of trust wherein 1. the thing put in trust is not his own proper either heritage or gift so as he may dispose of it as he pleaseth as men dispose of their goods or heritage But the King may not dispose of men as men as he pleaseth nor 2. of Lawes as he pleaseth nor 3. of governing men killing or keeping alive punishing and rewarding as he pleaseth 2. My life and Religion and so my Soule in some cases are committed to the King as to a publick Watchman even as the flock to the feeder the Citie to the Watchmen And he may betray it to the Enemy Ergo he hath the trust of Life and Religion and hath both tables of the Law in his custodie ex officio to see that other men then himselfe keep the Law But the Law is not the Kings own but given to him in trust 3. He who receiveth a Kingdom conditionally may be dethroned if he sell it or put it away to any other is a fiduciarie Patron and hath it only in trust So Hottoman quest ill 1. Ferdinand Vasquez illust quest l. 1. c. 4. Althusius polit c. 24. n. 35. so saith the law of every Factor or Deputy l. 40. l. 63. procur l. 16. C. dict 1. Antigonus dixit Regnum esse nobilem servitutem Tyberius Caesar called the Senate Dominum suum his Lord. Suetonius in vita Tiberii c. 29. QUEST XVIII What is the law of the King and his Power 1 Sam. 8. 11. This will be the manner of the King who shall reigne over you c. THis place 1 Sam. 8 9. and v. 11. The law or manner of the King is alleadged to prove both the absolute power of Kings and 2. the unlawfulnesse of resistance therefore I crave leave here to vindicate the place and to make it evident to all that the place speaketh for no such matter 1. Hug. Grotius argueth thus that by this place the people oppressed with injuries of a Tyrannous King have nothing left them but prayers and cries to God and therefore there is no ground for violent resisting Barclay will have us to distinguish inter officium Regis potestatem between the Kings office and the Kings power And he will have the Lord here speaking not of the Kings office what he ought to doe before God but what power a King hath beside and above the power of Judges to tyrannize over the people so as the people hath no power to resist it He will have the Office of the King spoken of Deut. 17. and the Power of the King 1 Sam. 8 and that power which the People was to obey and submit unto without resisting But I answer 1. It is a vaine thing to distinguish betwixt the office and the power for the power is either a
republick appoint Rulers to governe them is not an action indifferent but a Morall action because to set no Rulers over themselves I conceive were a breach of the fift Commandement which commandeth government to be one or other 2. It is not in mens free will that they have government or no government because it is not in their free will to obey or not to obey the acts of the Court of nature which is Gods Court and this Court enacteth that societies suffer not mankind to perish which must necessarily follow if they appoint no government also it is proved else where that no Morall acts in their exercises and use are left indifferent to us so then the aptitude and temper of every Common-wealth to Monarchy rather then to Democracy or Aristocracy is Gods Warrant and nearest call to determine the wills and liberty of people to pitch upon a Monarchy Hic nunc rather then any other forme of Government though all the three be from God even as single life and Marriage are both the lawfull Ordinances of God and the constitution and temper of the body is a calling to either of the two nor are we to think that Aristocracy and Democracy are either unlawfull Ordinances or mens inventions or that those societies which want Monarchy doe therefore live in sins But some say that Peter calleth any form of Government an humane Ordinance 1 Pet. 2. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Therefore Monarchy can be no Ordinance of God Answ Rivetus It is called an Ordinance of man not because it is an invention of man and not an Ordinance of God but respectu subjecti Piscator Not because man is the efficient cause of Magistracie but because they are men who are Magistrates Diodatus Obey Princes and Magistrates or Governours made by men or amongst men Oecumenius an humane constitution because it is made by an humane disposition and created by humane suffrages Dydimus presides presidents made by men Cajetanus Estius Every creature of God as Preach the Gospel to every creature in authority But I take the word every creature of man to be put 1. Emphatically to commend the worth of obedience to Magistrates though but men when we do it for the Lords sake Therefore Betrandus Cardinalis Ednâ—â—sis saith he speaketh so for the more necessity of merit and Glossa Ordinaria saith Be subject to all powers Etiam ex infidelibus incredulis Even of infidels and unbeleevers Lyranus For though they be men the image of God shineth in them and the Syriack as Lorinus saith leadeth us thereunto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lechullechum benai anasa Obey all the children of men that are in authority 2. It is an Ordinance of men not effectively as if it were an invention and a dream of men But 2. subjectively because exercised by man 3. Objectively and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the good of men and for the externall mans peace and safety especially Whereas Church-Officers are for the spirituall good of mens souls And Durandus saith well Civill power according to its institution is of God and according to its acquisition and way of use it s of man And we may thus farre call the forms of Magistrates an humane Ordinance That some Magistrates are ordained to care for mens lives and matters criminall of life and death and some for mens Lands and estates some for commodities by Sea and some by Land and Magistrates according to these Determinations or humane Ordinances QUEST IIII. Whether the king be only and imediatly from God not from the people THat this question may be the clearer we are to set down these Considerations 1. The question is Whether the Kingly Office it self come from God I conceive it is and floweth from the people not by formall institution as if the people had by an act of reason devised and excogitated such a power God ordained the power it is from the people onely by a virtuall emanation in respect that a community having no Government at all may ordain a King or appoint an Aristocracie But the question is concerning the designation of the person Whence is it that this man rather then this man is crowned King and whence is it from God immediatly and onely that this man rather then this man and this race or family rather then that race and family is chosen for the Crowne or is it from the people also and their free choise for the Pastor and the Doctors Office is from Christ onely but that Iohn rather then Thomas be the Doctor or the Pastor is from the will and choice of men the Presbyters and people 2. The Royall power is three wayes in the people 1. Radically and virtually as in the first subject 2. Collativè vel communicativè by way of free donation they giving it to this man not to this man that he may â—ule over them 3. Limitatè They giving it so as these three acts remain with the people 1. That they may measure ouâ— by ounce weights so much Royall power and no more and no lesse 2. So as they mâ—y lâ—â—◠〈…〉 and set banks and marches to the â—xccrcâ—â— 3. That â—â—y give it ouâ— conditionatè upon this and this condition that tâ—â—y take again to themselves what they gave ouâ— upon condition â—â—â—â—â— condition be violated The first I conceive is cleere 1. 〈…〉 â—â— every â—â—ing creature have radically in them a power of 〈…〉 â—o defend themselves from violence as we see Lyons have 〈…〉 soâ—â— beasts have hornes some clawes men being reasonable creatures united in societie must have power in a more reasonable and honorable way to put this power of warding off violence in the hands of one or moe Rulers to defend themselves by Magistrates 2. If all men be borne as concerning civill power alike for no man commeth out of the wombe with a Diadem on his head or a Scepter in his hand and yet men united in a societie may give crown and scepter to this man and not to this man then this power was in this united societie but it was not in them formally for they should then all have been one King and so both above and superiour and below and inferiour to themselves which we cannot say therefore this power must have been virtually in them because neither man nor communitie of men can give that which they neither have formally nor virtually in them 3. Royalists cannot deny but Cities have power to choose and create inferiour Magistrates ergo many Cities united have power to create an higher Ruler for Royall power is but the united and superlative power of inferiour Judges in one greater Judge whom they call a King 2 Conclus The power of creating a man a King is from the people 1. Because those who may create this man a King rather then this man they have power to appoint a
Aristocraticall Rulers but it followeth not Ergo All these men combined in a Citie or Societie have not power in a joynt Politicall body to chose Inferiour or Aristocraticall Rulers 3. The P. Prelates reason is nothing All the Contribution saith he in the compact body to make a King is onely by a surrender of the native right of every single man the whole being onely a voluntary constitution How then can there be any majestie derived from them I answer Very well For the surrender is so voluntary that it is also naturall and founded on the Law of nature That men must have Governours either many or one supreme Ruler And it is voluntary and dependeth on a positive institution of God Whether the Government be by one supreme Ruler as in a Monarchie or in many as in an Aristocracie according as the necessitie and temper of the Common-wealth do most require This Constitution is so voluntary as it hath below it the Law of nature for its generall foundation and above it the supervenient institution of God ordaining That there should be such Magistrates both Kings and other Iudges because without such all humane societies should be dissolved 4. Individuall persons in creating a Magistrate doth not properly surrender their right which can be called a right for they do but surrender their power of doing violence to these of their fellows in that same Communitie so as they shall not now have Morall power to do injuries without punishment and this is not right or libertie properly but servitude for a power to do violence and injuries is not liberty but servitude and bondage But the Prelate talketh of Royaltie as of meer Tyranny as if iâ— were a proper Dominion and servile Empire that the Prince hath over his people and not more paternall and fatherly then lordly or masterly 5. He saith Violation of faith plighted in a contract amongst equals cannot be called disobedience but disobedience to the authoritie of the Soveraign is not onely breach of Covenant but high disobedience and contempt But violation of faith amongst equals as equals is not properly disobedience for disobedience is betwixt a superiour and an inferiour but violation of faith amongst equals when they make one of their equals their Iudge and Ruler is not onely violation of truth but also disobedience All Israel and Saul while he is a private man seeking his fathers Asses are equals by Covenant obliged one to another and so any injury done by Israel to Saul in that case is not disobedience but onely violation of â—aith but when all Israel maketh Saul their King and sweareth to him obedience he is not now their equall and an injury done to him now is both a violation of their faith and high disobedience also Suppose a Citie of Aldermen all equall amongst themselves indignitie and place take one of their number and make him their Major and Provost a wrong done to him now is not onely against the rules of fraternitie but disobedience to one placed by God in authoritie over them 6. 1 Sam. 11. 7. The fear of the Lord fell on the people and they came out with one consent to obey Saul Ergo God hath placed authority in Kings which is not in people It is true because God hath transferred the scattered authorities that are in all the people in one Masse and by vertue of his own Ordinance hath placed them in one man who is King What followeth Ergo God conferreth this authoritie immediately upon the King without the mediation of any action of the people yea the contrary rather followeth 7. God looseth the bond of Kings that is when God is to cast off Kings he causeth them to lose all authoritie and maketh them come in contempt with the people But what doth this prove That God taketh away the majestie and authority of Kings immediately And therefore God gave to Kings this authoritie Immediately without the peoples conveiance Yea I take the Prelates weapon from him God doth not take the authority of the King from him immediately but mediately by the people their hating and dispising him when they â—ee his wickednesse as the people see Nero a Monster a prodigeous blood-sucker upon this all the people contemn him and dispise him and so the majesty is taken from Nero and all his Mandates and Laws when they see him trample upon all Laws divine and humane and that mediately by the peoples heart dispising of his majestie and so they repeat and take again that aw-some authoritie that they once gave him And this proveth that God gave him the authoritie mediately by the consent of man 8. Nor speaketh he of Kings onely but Vers 21. He powreth contempt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 super munificos Pineda Aria Mont. super Principes Upon Nobles and great men And this place may prove That no Iudges of the earth are made by men 9. The Heathen say That there is some divinity in Princes as in Alexander the great toward his enemies and Scipio But this will prove That Princes and Kings have a Superiority over those who are not their native Subjects for something of God is in them in relation to all men that are not their Subjects If this be a ground strong and good because God onely and independently from men taketh away this majestie as God onely and independently giveth it then a King is sacred to all men subjects or not subjects then it is unlawfull to make war against any forraign King and Prince for in invading him or resisting him you resist that divine majestie of God that is in him then you may not lawfully flee from a tyrant no more then you may lawfully flie from God 10. Scipio was not a King Ergo This divine majestie is in all Iudges of the earth in a more or lesse measure Ergo God onely and immediately may take this spark of divine majestie from inferiour Iudges It followeth not And Kings certainly cannot infuse any sparkle of a divine majestie on any inferiour Iudges for God onely immediately infuseth it in men Ergo It is unlawfull for Kings to take this divinitie from Iudges for they resist God who resist Parliaments no lesse then those who resist Kings Scipio hath divinity in him as well as Cesar and that immediately from God and not from any King 10. Moses was not a King when he went to Pharaoh for he had not as yet a people Pharaoh was the King and because Pharaoh was a King the Divines of Oxford must say His Majestie must not in words of rebuke be resisted more then by deeds 11. Moses his face did shine as a Prophet receiving the Law from God not as a King and is this Sunshine of Heaven upon the face of Nero and Julian It must be if it be a beam of Royall Majestie if this pratler say right but 2 Cor. 3. 7. this was a majestie typicall which did adumbrate the glory of the Law of God and is far
from being a royaltie due to all Heathen Kings 12. I would our King would evidence such a Majestie in breaking the Images and Idols of his Queen and of Papists about him 13. The fear of Noah and the regenerated who are in Covenant with the Beasts of the field Job 5. 23. is upon the Beasts of the earth not by any approbation only as the people maketh Kings by the Prelates way nor yet by free consent as the people freely transfer their power to him who is King The creatures inferiour to man have by no act of freewill chosen man to be their Ruler and transferred their power to him because they are by nature inferiour to man and God by nature hath subjected the creatures to man Gen. 1. 28. and so this proveth not that the King by nature is above the people I mean the man who is King and therefore though God had planted in the hearts of all subjects a fear and reverence toward the King upon supposall that they have made him King It followeth not That this authoritie and majestie is immediately given by God to the man who is King without the interveening consent of the people for there is a native feare in the Scholler to stand in awe of his Teacher and yet the Scholler may willingly give himselfe to be a disciple to his Teacher and so give his Teacher power over him Citizens naturally feare their supreame Governour of the City yet they give to the man who is their supream Governour that power and Authority which is the ground of awe and reverence A Servant naturally feareth his Master yet often he giveth his liberty and resigneth it up voluntarily to his Master and this was not unordinary amongst the Iewes where the servant did intirely love the Master and is most ordinary now when servants doe for hyre tye themselves to such a Master and Souldiers naturally feare their Commanders yet they may and often doe by voluntary consent make such men their Commanders and therefore from this it followeth no way that the Governour of a City the Teacher the Master the Commander in War have not their power and authority only and immediatly from God but from their inferiours who by their free consent appointed them for such places P. Prelate This seemeth or rather is an unanswerable Argument No man hath power of life and death but the Soveraign Power of life and death to wit God Gen. 9. 5. God saith thrice he will require the blood of man at the hands of man and this power God hath committed to Gods Deputy who so sheddeth mans blood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by man shall die by the King for the world knew not any kind of goverment at this time but Monarchiall and this Monarch was Noah and if this power be from God why not all soveraigne power seeing it is Homogeneous and as â—â—rists say in indivisibili posita a thing in its nature indivisible and that cannot be distracted or impaired and if every man had the power of life and death God should not be the God of Order The P. Prelate taketh the paines to prove out of the text that a Magistracy is established in the text Ans 1. Let us consider this unanswerable Argument 1. It is grounded upon a lye and a conjecture never taught by any but himselfe to wit that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by or in or through man must signifie a Magistrate 2. and a King onely 3. This King was Noah never interpreter nay not common sence can say that no Magistrate is here understood but a King the consequence is vaine his blood shall be shed by man ergo by a Magistrate it followeth not ergo by a King it followeth not there was not a King in the world yet as some make Belus the father of Ninus the first King and the builder of Babylon this Ninus is thought the first builder of the City after called Ninivie and the first King of the Assyrians so saith Quintus Curtius and others but grave Authors beleeve that Nimrod was no other then Belus the father of Ninus so saith Augustin Hierome Eusebius Hieronym And Eusebius maketh him the first founder of Babylon So saith Clemens Pirerius and Iosephus saith the same 1. their times 2. their cruell natures are the same Calvin saith Noah yet lived while Nimrod lived and the Scripture saith Nimrod began to reigne and be powerfull on the Earth And Babel was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the beginning of his kingdome No writer Moses nor any other can shew us a King before Nimrod So Eusebius Paul Orosius Hieronym Iosephus say that he was the first King And Tostatus Abulens and our own Calvin Luther Musculus on the place and Ainsworth make him the first King and the founder of Babylon How Noah was a King or there was any Monarchicall government in the world then the Prelate hath alone dreamed it There was but Familie-government before this 2. And if there bee a Magistracie heere established by God there is no warrant to say it is onely a Monarchie For if the Holy Ghost intendeth a policie it is a policie to be established to the worlds end and not to bee limited as the P. Prelate doth to Noahs dayes all Interpreters upon good ground establish the same policie that our Saviour speaketh of when he saith He shall perish by the sword who taketh the sword Matth. 26. 52. So the Netherlands have no lawfull Magistrate who have power of life and death because their Government is Aristocraticall and they have no King So all acts of taking away the lives of ill-doers shall be acts of homicide in Holland how absurd 3. Nor doe I see how the place in the native scope doth establish a Magistracie s Calvin saith not so Interpreters deduce by consequence the power of the Magistrate from this place But the Text is generall He who killeth man shall be killed by man either he shall fall into the Magistrates hand or into the hand of some Murtherer so Calvin t Marlorat And he speaketh saith w Pirerius not of the fact and event it selfe but of the deserving of murtherers and it 's certaine all murtherers fall not into the Magistrates hands but he saith by Gods and maâ—s laws Ergo They ought to dye though sometime one murtherer killeth another 4. The Soveraign power is given to the King ergo it is given to him immediately without the consent of the people It followeth not 5. Power of life and death is not given to the King only but also to other Magistrates yea and to a single private man in the just defence of his own life Other arguments are but what the Prelate hath said already QUEST VIII Whether the Prelate proveth by force of reason that the people cannot be capable of any power of Government P. Prelate God and nature giveth
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
voluntary aspect information or commandement of the King but on that immediate subjection of their conscience to the King of Kings And their Iudgement which they execute is the Lords immediatly and not the Kings and so the comparison halteth Arg. Our 10th Arg. If the King dying the Iudges inferiour remaine powers from God the Deputies of the Lord of Hoasts having their power from God then are they essentially Iudges yea and if the estates in their prime representators and leaders have power in the death of the King to choose and make another King then are they not Iudges and Rulers by derivation and participation or unproperly but the King is rather the Ruler by derivation and participation then these who are called inferiour Iudges Now if these Iudges depend in their Sentences upon the immediat will of him who is supposed to be the only Iudge when this only Iudge dyeth they should cease to be Iudges for Expirante mandatore expirat mandatum because the Fountaine Iudge drying up the streames must dry up Now when Saul dyed the Princes of the Tribes remaine by Gods institution Princes and they by Gods Law and Warrant Deut. 17. choose David their King 11. If the King through absolute power doe not send inferiour Iudges and constitute them but only by a power from the people and if the Lord have no lesse immediate influence in making inferiour Iudges then in making Kings then is there no ground that the King should be sole Iudge and the inferiour Iudge only Iudge by derivation from him and essentially his Deputy and not the immediate Deputy of God But the former is true ergo so is the latter And first that the Kings absolute Will maketh not inferiour Iudges is cleare from Deut. 1. 15. Moses might not follow his owne will in making inferiour Iudges whom he pleased God tyed him to a Law v. 13. that he should take wise men known amongst the people and fearing God and hating covetousnesse And these qualifications were not from Moses but from God and no lesse immediatly from God then the inward qualification of a King Deut. 17. and therefore it is not Gods Law that the King may make inferiour Iudges only Durante beneplacito during his absolute will for if these Divine qualifications remaine in the seventy Elders Moses at his will could not remove them from their places 2. That the King can make heritable Iudges more then he can communicate faculties and parts of judging I doubt riches are of fathers but not promotion which is from God and neither from the East nor the West That our Nobles are borne Lords of Parliament and Iudges by blood is a positive Law 3. It seemeth to me from Esay 3. 1 2 3 4. that the inferiour Iudge is made by consent of the people nor can it be called a wronging of the King that all cities and Burroughs of Scotland and England have power to choose their owne Provests Rulers and Majors 4. If it be warranted by God that the lawfull Call of God to the Throne be the election of the people the call of inferiour Iudges must also be from the people mediatly or immediatly So I see no ground to say that the inferiour Iudge is the Kings Vicegerent or that he is in respect of the King or in relation to supreme Authority only a private man 12. These Iudges cannot but be univocally and essentially Iudges no lesse then the King without which in a Kingdome Iustice is Physically unpossible and Anarchie and violence and confusion must follow if they be wanting in the Kingdome But without inferiour Iudges though there be a King Iustice is Physically unpossible and Anarchie and confusion must follow c. Now this Argument is more considerable that without inferiour Iudges though there be a King in a Kingdome Iustice and safety are unpossible and if there be inferiour Iudges though there be no King as in Aristocracy and when the King is dead and another not Crowned or the King is Minor or absent or a captive in the enemies Land yet justice is possible and the Kingdome preserved the Medium of the Argument is grounded upon Gods Word Num. 11. 14 15. when Moses is unable alone to judge the people seventy Elders re-joyned with him 16. 17. so were the Elders adjoyned to helpe him Exo. 24. 1. Deut. 5. 23. c. 22. 16. Iosh 23. 2. Iudg. 8. 14. Iudg. 11. 5. Iudg. 11. â—â— 1 Sam. 11. 3. 1 King 20. 7. 2 King 6. 32. 2 Chro. 34. 29. Ruth 4. 4. Deut. 19. 12. Ezech. 8. 1 Lament 1. 19. then were the Elders of Moab thought they had a King 2. The end naturall of Iudges hath been indigence and weaknesse because men could not in a society defend themselves from violence therefore by the light of nature they gave their power to one or more and made a Iudge or Iudges to obtaine the end of selfe preservation But Nature useth the most efficacious meanes to obtaine its end but in a great society and Kingdome the end is more easily attained by many Governours then by one only for where there is but one he cannot minister Iustice to all and the farther that the children are removed from their father and tutor they are the nearer to violence and unjustice Iustice should be at as easie a rate to the poore as a draught of water Samuel went yearely through the Land to Bethell Gilgall Mizpeh 1 Sam. 7. 16. and brought Iustice to the doores of the poore So were our Kings of Scotland obliged to doe of old but now justice is as deare as gold it is not a good argument to prove inferior Iudges to be only Vicars and Deputies of the King because the King may censure and punish them when they pervert judgement 1. Because the King in that punisheth them not as Iudges but as men 2. That might prove all the Subjects to be Vicars and Deputies of the King because he can punish them all in the case of their breach of lawes QUEST XXI What power the People and States of Parliament have over the King and in the State IT is true the King is the head of the Kingdome but the States of the Kingdome are as the temples of the head and so as essentially parts of the head as the King is the crown of the head Assert 1. These Ordines Regni the States have been in famous Nations so there were fathers of families and Princes of Tribes amongst the Jewes The Ephori amongst the Lacedemonians Polyb. hist l. 6. The Senate amongst the Romanes The forum Superbiense amongst the Arragonians The Parliaments in Scotland England France Spaine 2 Sam. 3. 17. Abner communed with the Elders of Israel to bring the King home And there were Elders in Israel both in the time of the Judges and in the time of the Kings who did not only give advice and counsell to the Judges and Kings but also were Iudges no lesse then
the Kings and Iudges which I shall make good by these places Deut. 21. 19. The rebellious Son is brought to the Elders of the Citie who had power of life and death and caused to stone him Deut. 22. 18. The Elders of the Citie shall take that man and chastise him Iosh 20. 4. But beside the Elders of every Citie there were the Elders of Israel and the Princes who had also judiciall power of life and death as the Iudges and King had Josh 22. 30. Even when Ioshua was Iudge in Israel the Princes of the Congregation and heads of the Thousands of Israel did judicially cognosce whether the Children of Reuben of Gad and of halfe the tribe of Manasseh were apostates from God and the Religion of Israel 2 Sam. 5. 3. All the Elders of Israel made David King at Hebron and Num. 11. They are appointed by God not to be the advisers only and helpers of Moses but v. 14 17. to beare a part of the burden of ruling and governing the people that Moses might be eased Jeremiah is accused c. 26. 10. upon his life before the Princes Iosh 7 4. The Princes sit in judgement with Ioshua Iosh 9. 15. Ioshua and the Princes of the Congregation sware to the Gibeonites that they would not kill them The Princes of the house of Israel could not be rebuked for oppression in judgement Mic. 3. 1 2 3. if they had not had power of judgement So Zeph. 3. 3. And Deut. 1. 17. 2. Chron. 19. 6 7. They are expresly made Iudges in the place of God And 1 Sam. 8. 2. without advise or knowledge of Samuel the supreme Iudge they conveene and ask a King and without any head or superior when there is no King they conveene a Parliament and make David King at Hebron And when David is banished they conveen to bring him home againe when Tyrannous Athalia reigneth they conveene and make Ioash King and that without any King And Iosh 22. there is a Parliament conveened and for any thing we can read without Ioshua to take cognisance of a new Altar It had been good that the Parliaments both of Scotland and of England had conveened though the King had not indicted and summoned a Parliament without the King to take order with the wicked Clergie who had made many idolatrous Altars And the P. Prelate should have brought an argument to prove it unlawfull 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.
1. 15 16 17. 2 Chron. 19. 6 7. made Iudges and therefore they are no more to be restrained not to conveene by the Kings power which is in this accumulative and auxiliarie not privative then they can be restrained in judgement and in pronouncing such a sentence as the King pleased and not such a sentence Because as they are to answer to God for unjust sentences so also for no just sentences and for not conveening to judge when Religion and Iustice which are fallen in the streets calleth for them 3. As God in a law of nature hath given to every man the keeping and selfe-preservation of himselfe and of his brother Caâ—n ought in his place to be the keeper of Abel his brother So hath God committed the keeping of the Commonwealth by a positive law not to the King only because that is impossible Num. 11. 14 17. 2 Chron. 19. 1 2 3 4 5 6. 1 Chron. 27. 4. If the King had such a power as King and so from God he should have power to breake up the meeting of all Courts of Parliament Secret Councell and all inferior Iudicatures And when the Congregation of gods as Ps 82. in the midst of which the Lord standeth were about to pronounce just judgement for the oppressed and poere they might be hindred by the King and so they should be as just as the King maketh them and might pervert judgement and take away the righteousnesse of the righteous from him Esa 5. 23. because the King commandeth And the cause of the poore should not come before the Iudge when the King so commandeth And shall it excuse the Estates to say We could not judge the cause of the poore nor crush the Priests of Baal and the idolatrous Masse-Preltes because the King forbad us So might the King breake up the meeting of the Lords of Session when they were to decerne that Naboths vineyard should be restored to him and hinder the States to represse Tyranny And this were as much as if the States should say We made this man our King and with our good will we agree he shall be a Tyrant For if God gave it to him as a King we are to consent that he enjoy it 5. If Barclay and other flatterers have leave to make the Parliament but Counsellers and Advisers of the King and the King to be the only and sole Iudge 1. The King is by that same reason the sole Iudge in relation to all Iudges the contrary whereof is cleere Num. 11. 16. Deut 1. 15 16 17. 2 Chron. 19. 6. Rom. 13. 1 2. 1 Pet. 2. 13 14. Yea but say they the King when he sendeth an Ambassadour he may tye him to a written Commission and in so far as he exceedeth that he is not an Ambassadour and cleare it is that all inferiour Iudges 1 Pet. 2. 13 14. are but sent by the King ergo they are so Iudges as they are but messengers and are to adhere to the Royall pleasure of the Prince that sent them Ans 1. The Ambassadour is not to accept an unjust Ambassage that fighteth with the Law of nature 2. The Ambassadour and the Iudge differ the Ambassadour is the King and States Deputy both in his call to the Ambassage and also in the matter of the Ambassage for which cause he is not to transgresse what is given to him in Writ as a Rule but the inferiour Iudges and the high Court of Parliament though they were the Kings Deputies as the Parliament is in no sort his Deputy but he their Deputy Royall yet it is only in respect of their call not in respect of the matter of their Commission for the King may send the Iudge to judge in generall according to the Law and Iustice and Religion but he cannot depute the sentence and command the conscience of the Judge to prononnce such a sentence not such the inferiour Iudge in the act of judging is as independent and his conscience as immediatly subject to God as the King therefore the King owes to every sentence his approbative suffrage as King but not his either directive suffrage nor his imperative suffrage of absolute pleasure 6. If the King should sell his Country and bring in a forraigne Army the estates are to convene to take course for the safety of the Kingdome 7. If David exhort the Princes of Israel to helpe King Solomon in governing the Kingdome in building the Temple 2 Chron. 32. 3. Ezechiah tooke counsell with his Princes and his mighty men in the matter of holding off the Assyrians who were to invade the Land if David 1 Chron. 13. 1 2 3 4. consult with the Captaines of thousands and hundreds to bring the Arke of God to Kireath jearim if Solomon 1 King 8. 1. Assemble the Elders of Israel and all the Heads of the Tribes and the chief of the fathers to bring the Arke of the Tabernacle to the congregation of the Lord. And Achab gather together the States of Israel in a matter that nearely concerned Religion If the Elders and people 1 King 20. 8. counsell and decree that King Achab should hearken to Benhadad King of Syria and if Ahasuerus make no Decrees but with consent of his Princes Ester 1. 21. nor Darius any Act without his Nobles and Princes if Hamor and Schechem Genes 34. 20. would not make a Covenant with Iacobs Sons without the consent of the men of the City and Ephron the Hittite would not sell Abraham a buriall place in his Land without the consent of the children of Heth Gen. 23. 10. Then must the estates have a power of judging with the King or Prince in matters of Religion Iustice and Government which concerne the whole Kingdome but the former is true by the Records of Scripture ergo so is the latter 8. The men of Ephraim complaine that Iephtah had gone to warre against the children of Ammon without them and hence rose warre betwixt the men of Ephraim and the men of Gilead Iud. 12. 1 2 3. and the men of Israel â—iercely contend with the men of Iudah because they brought King David home againe without them pleading that they were therein dispised 2 Sam. 19. 41 42 43. which evinceth that the whole States have hand in matters of publick government that concerne all the Kingdome and when there is no King Iudg. 20. The chiefe of the people and of all the Tribes goe out in battell against the children of Benjamin 9. These who make the King and so have power to unmake him in the case of Tyranny must be above the King in power of Government but the Elders and Princes made both David and Saul Kings 10. There is not any who say that the Princes and people 1 Sam. 14. did not right in rescuing innocent Ionathan from death against the Kings Will and his Law 11. The speciall ground of Royalists is to make the King the absolute supreame giving all life and
power to the Parliament and States and of meere grace convening them So Ferne the Author of Ossorianum p. 69. but this ground is false because the Kings power is fiduciary and put in his hand upon trust and must be ministeriall and borrowed from these who put him in trust and so his power must be lesse and derived from the Parliament but the Parliament hath no power in trust from the King because the time was when the man who is the King had no power and the Parliament had the same power that they now have and now when the King hath received power from them they have the whole power that they had before That is to make Lawes and resigned no power to the King but to execute Lawes and his convening of them is an Act of Royall Duty which he oweth to the Paliament by vertue of his Office and is not an act of grace for an act of grace is an act of free Will and what the King doth of free Will he may not doe and so he may never convene a Parliament But when David Salomon Asa Ezekiah Iehosaphat Achas convened Parliaments they convened Parliaments as Kings and so Ex debito virtute officii out of debt and Royall Obligation and if the King as the King be Lex animata a breathing and living Law the King as King must doe by obligation of Law what he doth as King and not from spontaneous and Arbitrary grace 2. If the Scripture holds forth to us a King in Jsrael and two Princés and Elders who made the King and had power of life and death as we have seene then is there in Israel Monarchy tempered with Aristocracy and if there were Elders and Rulers in every City as the Scripture saith here was also Aristocracy and Democracy And for the warrant of the power of the Estates I appeale to Iurists and to approved Authors Argu. l. aliud 160. § 1. De Iur. Reg. l. 22. Mortuo de fidei l. 11. 14. ad Mum. l. 3. 1. 4. Sigonius De Rep. Iudaeor l. 6. c. 7. Cornelius Bertramo c. 12. Iunius Brutus Vindic. contra Tyran § 2. Author Libelli de jur Magistrat in subd q. 6. Althus Politic. c. 18. Calvin Institut l. 4. c. 20. Pareus Coment in Rom. 13. Pet. Martyr in Lib. Iudic. c. 3. Ioan. Marianus de rege Lib. 1. c. 7. Hottoman de jure Antiq. Regni Gallici l. 1. c. 12. Buchanan De jure Regni apud Scotos Obj. The King after a more noble way representeth the people then the Estates doth for the Princes and Commissioners of Parliament have all their power from the people and the peoples power is concentricated in the King Ans The Estates taken collectively doe represent the people both in respect of Office and of persons because they stand Iudges for them for many represent many ratione numeri officii better then one doeth The King doth unproperly represent the people though the power for actuall execution of Lawes be more in the King yet a legislative power is more in the Estates Neither will it follow that if the Estates of a Kingdome doe any thing but counsell a King they must then command him for a legall and judiciall advice hath influence in the effect to make it a Law not on the Kings Will to cause him give the being of a Law to that which without his Will is no Law for this supponeth that he is only Iudge Obj. What power the people reserveth they reserve it to themselves in unitate as united in a Parliament and therefore what they doe out of a Parliament is tumultous Ans I deny the consequence they reserve the power of selfe preservation out of a Parliament and a power of convening in Parliament for that effect that they may by Common Counsell defend themselves QUEST XXII Whether the power of the King as King be absolute or dependent and limited by Gods first mould and paterne of a King DOctor Ferne sheweth us it was never his purpose to plead for absolutenesse of an Arbitrary commandement free from all Morall restraint laid on the power by Gods Law but only he striveth for a power in the King that cannot be resisted by the subject But truely we never disputed with Royalists of any absolute power in the King free from Morall subjection to Gods Law 1. Because any bond that Gods Law imposeth on the King it commeth wholly from God and the nature of a Divine Law and not from any voluntary contract or covenant either expresse or tacito betwixt the King and the people who made him King for if he faile against such a covenant though he should exceed the cruelty of a King or a man and become a Lion and a Nero a Mother-killer he should in all his inhumanity and breach of covenant be countable to God not to any man on earth 2. To dispute with Royalists if Gods Law lay any Morall restraint upon the King nor to dispute whether the King be a rationall man or no and whether he can sin against God and shall cry in the day of Gods wrath if he be a wicked Prince Hills fall on us and cover us as it is Revel 6. 15 16. and whether Tophet be prepared for all workers of iniquity and certainly I justifie the Schoole-men in that question Whether or no God could have created a rationall creature such a one as by nature is impeccable and not naturally capable of sinne before God if Royalists dispute this question of their absolute Monarch they are wicked Divines 2. We plead not at this time saith the Prelate stealing from Grotius Barclaius Arnisaeus who spake it with more sinewes of reason for a masterly or despoticall or rather a slavishing Soveraignty which is Dominium herile an absolute power such as the great Turke this day exerciseth over his subjects and the King of Spaine hath over and in his territories without Europe we maintain only regiam potestatem quae fundatur in paterna such royall fatherly Soveraignty as we live under blessed be God and our predecessors This saith he as it hath its Royall Prerogative inherent to the Crowne naturally and inseparable from it so it trencheth not upon the liberty of the person or the property of the goods of the subject but in and by the lawfull and just acts of jurisdiction Ans 1. Here is another absolute power disclaimed to be in the King he hath not such a masterly and absolute liberty as the Turke hath Why Iohn P. P. in such a tender and high point as concerneth soule and body of subjects in three Christian Kingdomes you should have taught us 1. What bonds and fetters any covenant or paction betwixt the King and people layeth upon the King why he hath not as King the power of the great Turke I will tell you The Great Turke may command any of his subjects to leape into a mountaine of fire and burne himselfe quick in
Leopard or a Nero and a Julian then hath God given actu primo a power to a King as King to inslave the people and slock of God redeemed by the blood of God as the slaves among the Romans and Iews who were so under their masters as their bondage was a plague of God and the lives of the people of God under Pharaoh who compelled them to work in brick and clay 2. Though he cut the throats of the people of God as the Lionnesse Queen Mary did and command an Army of souldiers to come and burn the Cities of the Land and kill man wife and children yet in so doing he doth the part of a King so as you cannot resist him as a man and obey him as a King but must give your necks to him upon this ground because this absolute power of his is ordained of God and there is no power even to kill and destroy the innocent but it is of God so saith Paul Rom. 13. If we beleeve Court-Prophets or rather Lying-Spirits who perswade the King of Britain to make war against his three Dominions Now it is clear that the distinction of bound and free continued in Israel even under the most tyrannous Kings 2 Kings 4. 1. yea even when the Iews were captives under Ahasuerus Esther 7. 4. And what difference should there be between the people of God under their own Kings and when they were captives under Tyrants serving wood and stone and false gods as was threatned as a curse in the Law Deut. 28. 25 36 64 68. If their own Kings by Gods appointment have the same absolute power over them and if he be a Tyrant actu primo that is if he be indued with absolute power and so have power to play the Tyrant then must the people of God be actu primo slaves and under absolute subjection for they are relatives as lord and servant conquerour and captive It is true they say Kings by office are fathers they cannot put forth in action their power to destroy I answer it is their goodnesse of nature that they put not forth in action all their absolute power to destroy which God hath given them as Kings and therefore thanks are due to their goodnesse for that they do not actu secundo play the Tyrant for Royalists teach that by vertue of their office God hath given to them a Royall power to destroy Ergo The Lords people are slaves under them though they deal not with them as slaves but that hindereth not but the people by condition are slaves so many Conquerours of old did deal kindely with these slaves whom they took in war and dealt with them as sons but as Conquerours they had power to sell them to kill them to put them to work in brick and clay so say I here Royall power and a King cannot be a blessing and actu primo a favour of God to the people for the which they are to pray when they want a King that they may have one or to praise God when they have one But a King must be a curse and a judgement if he be such a creature as essentially and in the intention and nature of the thing it self hath by office a Royall power to destroy and that from God for then the people praying Lord give us a King should pray make us slaves Lord take our Libertie and power from us and give a power illimited and absolute to one man by which he may if he please waste us and destroy us as all the bloody Emperours did the people of God Surely I see not but they should pray for a temptation and to be led in temptation when they pray God to give them a King and therefore such a power is a vain thing Argum. 5. A power contrary to justice 2. To peace and the good of the people 3. That looketh to no law as a rule and so is unreasonable and forbidden by the Law of God and the Civill Law L. 15. filius de condit Instit cannot be a lawfull power and cannot constitute a lawfull Iudge but an absolute and unlimited power is such How can the Iudge be the Minister of God for good to the people Rom. 13. 4 If he have such a power as a King given him of God to destroy and waste the people Argum. 6. An absolute power is contrary to nature and so unlawfull for it maketh the people give away the naturall power of defending their life against illegall and cruell violence and maketh a man who hath need to be ruled and lawed by nature above all rule and law and one who by nature can sin against his brethren such a one as cannot sin against any but God onely and maketh him a Lion and an unsociall man What a man is Nero whose life is poesie paintry Domitian only an Archer Valentinian only a Painter Charles the 9th of France only an Hunter Alphonsus Dux Ferrariensis only an Astronomer Philippe of Macedo only a Musitian and all because they are Kings This our King denyeth when he saith Art 13. There is power legally placed in the Parliament more then sufficient to prevent and restraine the power of Tyranny But if they had not power to play the Lions it is not much that Kings are Musitians Hunters c. 7. God in making a King to preserve his people should give liberty without all politick restraint for one man to destroy many which is contrary to Gods end in the fift Commandement if one have absolute power to destroy soules and bodies of many thousands 8. If the Kings of Israel and Iudah were under censures and rebukes of the Prophets and sinned against God and the people in rejecting these rebukes and in persecuting the Prophets and were under this Law not to take their neighbours wife or his Vineyard from him against his will and the inferiour Iudges were to accept the persons of none in Iudgement small or great and if the King yet remaine a brother notwithstanding he be a King then is his power not above any Law nor absolute for what reason 1. He should be under one Law of God to be executed by men and not under another Law Royalists are to shew a difference from Gods Word 2. His neighbours brother or subjects may by violence keepe back their Vineyards and chastity from the King Naboth may by force keepe his owne Vineyard from Achab by the Lawes of Scotland if a subject obtaine a Decree of the King of violent possession of the Heritages of a subject he hath by Law power to cast out force apprehend and deliver to prison these who are Tenants brooking these Lands by the Kings personall Commandement If a King should force a Damsell she may violently resist and by violence and bodily opposing of violence to violence defend her owne chastity Now that the Prophets have rebuked Kings is evident Samuel rebuked Saul Nathan David Elias King Achab.
because he hath sinned against humane societie either through the scandall of blasphemie or through other heynous sinnes he hath defiled the Land Now this is incident to the King as well as to some other sinfull man To these and the like heare what the excommunicated Prelate hath to say 1. They say he meaneth the Jesuites Every societie of men is a perfect Republick and so must have within it selfe a power to preserve it selfe from ruine and by that to punish a Tyrant He answereth A societie without a Head is a disorderly rout not a Politique body and so cannot have this power Ans 1. The Pope giveth to every Societie Politick power to make away a Tyrant or hereticall King and to un-king him by his brethren the Jesuites way And observe how Papists of which number I could easily prove the P. Prelate to be by the Popish doctrine that he delivered while the iniquitie of time and dominion of Prelates in Scotland advanced him against all worth of true learning and holinesse to be a Preacher in Edinborough and Iesuites agree as the builders of Babylon It is the purpose of God to destroy Babylon 2. This answer shall inferre that the Aristocraticall Governors of any free State and that the Duke of Venice and the Senate there is above all Law and cannot be resisted because without their Heads they are a disorderly Rout. 3. A Politicall societie as by Natures instinct they may appoint a Head or Heads to themselves so also if their Head or Heads become ravenous Wolves the God of Nature hath not left a perfect Societie remedilesse but they may both resist and punish the Head or Heads to whom they gave all the power that they have for their good not for their destruction 4. They are as orderly a body Politique to unmake a Tyrannous Commander as they were to make a just Governonr The Prelate saith It is alike to conceive a Politique body without a Governour as to conceive the naturall body without a Head He meaneth None of them can be conceivable I am not of his minde When Saul was dead Israel was a perfect Politique body and the Prelate if he be not very obtuse in his head as this hungry peece stollen from others sheweth him to be may conceive a visible Politicall societie performing a Politicall action 2 Sam. 5. 1 2 3. making David King at a visible and conceivable place at Hebron and making a Covenant with him And that they wanted not all Governors is nothing to make them Chymera's unconceivable For when so many families before Nimrod were governed only by fathers of families and they agreed to make either a King or other Governors a Head or Heads over themselves though the severall families had government yet these consociated families had no government and yet so conceivable a Politique body as if Maxwell would have compeared amongst them and called them a disorderly rout or an unconceivable Chymera they should have made the Prelate know that Chymera's can knock down Prelates Neither is a King the life of a Politique body as the soule is of the naturall body The body createth not the soule but Israel created Saul King and when he was dead they made David King and so under God many Kings as they succeeded till the Messiah came No naturall body can make soules to it selfe by succession Nor can Seas create new Prelates alwayes P. Prelate Jesuites and Puritans differ infinitely We are hopefull God shall cast down this Babel The Iesuites for ought I know seat the superintendent power in the Communitie Some Sectaries follow them and warrant any individuall person to make away a King in case of defects and the worke is to be rewarded as when one killeth a ravenous Wolfe Some will have it in a collective body but how not met together by warrant or writ of Soveraigne Authoritie but when fancie of reforming Church and State calleth them Some will have the power in the Nobles and Peeres some in the three Estates assembled by the Kings Writ some in the inferior Iudges I know not where this power to curbe Soveraigntie is but in Almighty God Ans 1. Iesuites and Puritans differ infinitely true Jesuites deny the Pope to be Antichrist hold all Arminian doctrine Christs locall descension to hell all which the Prelate did preach We deny all this 2. We hope also the Lord shall destroy the Jesuites Babel the â—uburbs whereof and more are the Popish Prelates in Scotland and England 3. The Jesuites for ought he knoweth place all superintendent power in the Communitie The Prelate knoweth not all his brethren the Iesuites wayes but it is ignorance not want of good will For Bellarmine Beucanus Suarez Gregor de Valentia and others his deare fellowes say That all superintendent power of policy in ordine ad spiritualia is in the man whose foot Maxwell would kisse for a Cardinals Haâ— 4. If these be all the differences it is not much the Community is the remote and last subject the representative body the nearest subject the Nobles a partiall subject the Iudges as Iudges sent by the King are so in the game that when an Arbitrary Prince at his pleasure setteth them up and at command that they judge for men and not for the Lord and accordingly obey they are by this power to be punished and others put in their place 5. A true cause of convening Parliaments the prelate maketh a Fancie at this time it is as if the theeves and robbers should say a Iustice Court were a fancie but if the Prelate might compeare before the Parliament of Scotland to which he is an out-law like his father 2 Thess 2. 4. such a fancie I conceive should hang him and that deservedly P. Prelate The subject of this superintending power must be secured from errour in judgement and practise and the community and States then should be infallible Ans The consequence is nought no more then the King the absolute independent is infallible 2. It is sure the people are in lesse hazard of Tyranny and selfe destruction then the King is to subvert Lawes and make himselfe absolute and for that cause there must be a superintendent power above the King and God Almighty also must be above all P. Prelate The Parliament may erre then God hath left the state remedilesse except the King remedy it Ans There 's no consequence here except the King be impeccable 2. Posteriour Parliaments may correct the former 3. A State is not remedilesse because Gods remedies in sinfull mens hands may miscarry But the question is now whether God hath given power to one man to destroy men subvert Lawes and Religion without any power above him to coerce restraine or punish P. Prelate If when the Parliament erreth the remedy is left to the Wisedome of God why not when the King erreth Ans Neither is Antecedent true nor the consequence valid for the sounder part may resist and it is
these priviledges are given to him and without them he could not so easily governe But I am utterly against Arnisaeus who saith these are not essentiall to a King Because saith he he createth Marquesses Dukes c. and Nobles constituteth Magistrates not because of His Royall Dignity but by reason of his absolute power for many Princes have supreame power and cannot make Nobles and therefore to him they are jura majestatis non jura potestatis But 1. The King suppose a limited King may and ought to make nobles for he may conferre honours as a reward of vertue none can say Pharoah by his absolute authority and not as a King advanced Ioseph to be a noble Ruler we cannot say that for there was merit and worth in him deserving that honour and Darius not by absolute authority but on the ground of well-deserving the rule by which Kings are obliged in justice to confer honours promoted Daniel to be the first president of all his kingdomes because Dan. 6. 3. An excellent spirit was in him and in Justice the King could nobilitate none rather then Daniel except he should fail against the rule of conferring honours It is acknowledged by all that honos est proemium virtutis honour is founded upon vertue and therefore Darius did not this out of his absolute Majesty but as King 2. All Kings as Kings and by a Divine Law of God and so by no absolutenesse of Majesty are to make men of wisdome fearing God hating covetousnesse Judges under them Deut. 1. 13. 2 Chro. 19. 6 7. Psal 101. 6 7 8. 3. If we suppose a King to be limited as Gods King is Deut. 17. 18 19 20. Yet is it his part to confer honours upon the worthiest Now if he have no absolutenesse of Majesty he cannot confer honours out of a principle that is none at all unum quodque sicut est ita operatur and if the people confer honours then must Royalists grant that there is an absolute Majesty in the people why then may they not derive Majesty to a King and why then do Royalists talk to us of Gods immediate creating of Kings without any interveening action of the people 4. By this absolutnesse of Majesty Kings may play the Tyrant as Samuel 1 Sam. 8. 9 10 11 12 13 14. foretelleth Saul would do But I cannot beleeve that Kngs have the same very officiall absolute power from whence they do both acts of grace goodnesse and justice such as are to expone Laws extemporally in extraordinary cases to confer honours upon good and excellent men of grace to pardon offenders upon good grounds and also-doe acts of extreme Tyrannie For out of the same fountaine doth not proceed both sweet water and bitter Then by this absolutenesse Kings cannot doe acts of goodnesse justice and grace and so they must doe good as Kings and they must doe acts of tyrannie as men not from absolutenesse of majesty 5. Inferiour Magistrates in whom there is no absolutenesse of Majesty according to Royalists way may expound laws also extemporally and doe acts of justice without formalities of civill or municipall laws so they keep the genuine intent of the Law as they may pardon one that goeth up to the wall of a City and discovereth the approach of the enemie when the watchmen are sleeping though the Law be That any ascending to the wall of the Citie shall die Also the inferiour Judge may make Judges and Deputies under himselfe 6. This Distinction is neither grounded upon Reason or Lawes nor on any Word of God Not the former as is proved before for there is no absolute power in a King to do above or against law all the officiall power that a King hath is a Royall power to do good for the safety and good of his subjects and that according to law and reason and there is no other power given to a King as a King and for Scripture Arnisaeus ibid. alledgeth 1 Sam. 8. The manner or law of the King ver 9. 11. And he saith it cannot be the custome and manner of the King but must be the law of absolute Majesty 1. Because it was the manner of inferiour judges as Tyberius said of his judges to flea the people when they were commanded to shear them onely 2. Samuels sons who wrested judgment and perverted the law had this manner and custome to oppresse the people as did the sons of Eli and therefore without reason is it called the law of Kings jus regum if it was the law of the judges for if all this law be Tyrannicall and but an abuse of Kingly power the same law may agree to all other Magistrates who by the same unjust power may abuse their power but Samuel as Brentius observeth homi 27. in 1 Sam. in princ doth meane here a greater license then Kings can challenge if at any time they would make use of their plenitude of absolute power and therefore nomine juris by the word law here he understandeth a power granted by law jure or right to the King but pernitious to the people which Gregory calleth jus regium Tyrannorum the Royall law of Tyrants So Seneca 1 de clem c. 11. hoc interest inter regem Tyrannum Species ipsa fortunae ac licentiae par est nisi quod Tyranni ex volutate saeviunt Reges non nisi ex causa necessitate quid ergo non Reges quoque accidere solent sed quoties fieri publica utilitas persuadet Tirannis saevitia cordi est A Tyran saith Arnisaeus in this differeth from a King Qui ne ea quidem vult quae sibi licent that a King will not do these things which are lawfull a Tyran doth quae libet what he pleaseth to do Answ Arnisaeus bewrayeth his ignorance in the Scriptures for the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth a custome and a wicked custome as by many Scriptures I have proved already his reason are poor It is the manner of inferiour judges as we see in the sons of Eli and Samuel to pervert judgment as well as King Saul did but the King may more oppresse and his Tyranny hath more colour and is more catholick then the oppression of inferiour judges it is not Samuels purpose thus to distinguish the judges of Israel and the kings in that the judges had no power granted them of God to oppresse because the people might judge their judges and resist them and there was power given of God to the king so far to play the Tyrant that no man could resist him or say what dost thou the text will not beare any such difference for it was as unlawfull to resist Moses Ioshua Samuel as Royalists prove from the judgement of God that came upon Core Dathan and Abiram as to resist King Saul and King David Royalists doubt not to make Moses a King It was also no lesse sin to resist Samuels sons or to do violence to their persons as judging for
was without their Warrant and approbation and that as contrary to the fundamentall Laws above titled 48. Act. Parl. 3. K. Ia. 1. and Act. 79. Parl. 6. King Ia. 4. whereby the Lieges should only be ruled by the Lawes or Acts past in the Parliament of this Kingdome Now what was the ancient Dignity Authority and power of the Parliaments of Scotland which is to stand without diminution that will be easily and best known from the subsequent passages or Historians which can also be very easily verified by the old Registers whensoever they should be produced In the meane time remember that in Parliament and by Act of Parl. K. Ia. 6. for observing the due order of Parliament promiseth never to doe or command any thing which may directly or indirectly prejudge the libertie of free reasoning or voting of Parliament K. Ia. 6. Parl. 11. Act. 40. And withall to evidence the freedome of the Parliament of Scotland from that absolute unlimited Prerogative of the Prince and their libertie to resist his breaking of Covenant with them or Treaties with forraigne Nations Ye shall consider 1. That the Kings of Scotland are obliged before they be inaugurate to sweare and make their faithfull Covenant to the true Kirk of God that they shall maintaine defend and set forward the true Religion confessed and established within this Realme even as they are obliged and astricted by the Law of God as well in Deuteronomie as in the 11 chap. of the 2. book of the Kings and as they crave obedience of their subjects So that the bond and contract shall be mutuall and reciprocall in all time comming between the Prince and the People according to the Word of God as is fully exprest in the Register of the convention of Estates Iuly 1567. 2. That important Acts and Sentences at home whereof one is printed 112 Act. Parl. 14. K. Ia. 3. and in Treaties with Forraigne Princes the Estates of Parliament did append their severall Seales with the Kings Great Seale which to Grotius Barclaius and Aâ—nisaeus is an undeniable argument of a limited Prince as well as the stile of our Parliament that the Estates with the King ordaine ratifie rescind c. as also they were obliged in case of the Kings breaking these Treaties to resist him therein even by armes and that without any breach of their allegiance or of his Prerogative as is yet extant in the records of our old Treaties with England and France c. But to goe on and leave some high mysteries unto a rejoynder And to the end I may make good that nothing is here taught in this Treatise but the very Doctrine of the Church of Scotland I desire that the Reader may take notice of the larger Confession of the Church of Scotland printed with the Syntagme and body of the Confessions at Geneva anno MDCXII and authorized by King Iames the 6. and the three Estates in Parliament and printed in our Acts of Parliament Parl. 15. K. Iames 6. An. 1567. Amongst good works of the Second Table saith our Confession art 14. are these To honour Father Mother Princes Rulers and superiour Powers To love them to support them yea to obey their Charge not repugning to the commandement of God to save the lives of innocents to represse Tyrannie to defend the oppressed to keep our bodies cleane and holy c. The contrary whereof is To disobey or resist any that God hath placed in Authoritie while they passe not over the bounds of their office to murther or to consent thereunto to beare hatred or to let innocent blood be shed if we may withstand it c. Now the Confession citeth in the margin Ephes 6. 1. 7. and Ezek. 22. 1 2 3 4 c. where it is evident by the name of Father and Mother all inferious Iudges as well as the King and especially the Princes Rulers and Lords of Parliament are understood 2. Ezek. 22. The bloody City is to be judged because they releeved not the oppressed out of the hand of bloody Princes v. 6. who every one of them were to their power to shed innocent blood 3. To resist superiour powers and so the Estates of Parliament as the Cavalters of Scotland doe is resistance forbidden Romans 1â— 1. the place is also cited in the confession And the Confession exponeth the place Romans 13. according to the interpretation of all sound Expositers as is evident in these words Art 24. And therefore we confesse and avouch that such as resist the supreame power doing that thing which appertaineth to his charge doe resist Gods ordinance and therefore cannot be guiltlesse And further we affirme that whosoever denyeth unto them aide their counsell and comfort while as the Princes and Rulers vigilantly travell in execution of their Office that the same men deny their helpe support and counsell to God who by the presence of his Lieutenant craves it of them From which words we have cleare 1. That to resist the King or Parliament is to resist them while as they are doing the thing that appertaineth to their charge and while they vigilantly travell in the execution of their office But while King and Parliament doe acts of Tyranny against Gods Law and all good Lawes of men they doe not the things that appertaine to their charge and the execution of their Office ergo by our confession to resist them in Tyrannicall acts is not to resist the ordinance of God 2. To resist Princes and Rulers and so inferious Iudges and to deny them counsell and comfort is to deny helpe counsell and comfort to God Let then Cavaliers and such as refuse to helpe the Princes of the Land against Papists Prelates and Malignants know that they resist Gods ordinance which rebellion they unjustly impute to us 3. Whereas it is added in our Confession that God by the presence of his Lieutenant craveth support and counsell of the people It is not so to be taken as if then only we are to ayde and helpe inferiour Iudges and Parliaments when the King personally requireth it and not other waies 1. Because the King requireth helpe when by his Office he is obliged to require our helpe and counsell against Papists and Malignants though as misled he should command the contrary so if the Law require our helpe the King requireth it ex officio 2. This should expresly contradict our confession if none were obliged to give helpe and counsell to the Parliament and Estates except the King in his own person should require it because Art 14. it is expresly said That to save the lives of innocents or represse Tyranny to defend the oppressed not to suffer innocent blood to be shed or workes pleasing to God which he rewardeth Now we are not to thinke in reason if the King shall be induced by wicked Counsell to doe tyrannicall workes and to raise Papists in Armes against Protestants that God doth by him as by his Lieutenant require our helpe comfort
Government over the then Emperors that of Subjects had made them Lords might not resist their Emperours much lesse can the people of England have power of resistance against the succession of this Crowne descending from the Conqueror who by force of Armes but in justice conquered the Kingdom Answ 1. Though the Roman Emperours were absolute of which I much doubt and though the Senate had made them absolute I deny that therefore they cannot be resisted The unlawfull resistance condemned by Paul Rom. 13. is not upon the ground of Absolutenesse which is in the Court of God nothing being never ordained of God but upon reasons of conscience bâ—cause the powers are of God and ordained of God But some may say Volenti non fit injuria If a people totally resigne their power and swear non-resistance to a Conqueror by compact they cannot resist I answer neither doth this follow because it is an unlawfull compact and none is obliged to what is unlawfull For 1. it is no more lawfull for me to resigne to another my power of naturall self-defence then I can resigne my power to defend the innocent drawne to â—eath and the wives children and posterity that God hath tyed me unto 2. The people can no more resigne power of self-defence which Nature hath given them then they can be guilty of self-murther and be wanting in the lawfull defence of Kingdome and Religion 3. Though you make one their King with absolutenesse of power yet when he use that transcendent power not for the safety but for the destruction of the State it is knowne they could not resigne to another that power which neither God nor nature gave them to wit a power to destroy themselves 2. I much doubt if the Roman Emperour was absolute when Paul wrote this Iustinian saith so Digest l. 2. tit 2. but he is partiall in this cause Bodine de repub l. 2. c. 5. pag. 221. proveth that the Roman Emperours were but Princes of the Common-wealth and that the Soveraignty remained still in the Senate and people Marius Salamon writeth sixe Books De Principatu on the contrary How could they make theâ—r Emperours absolute Livie saith The name of a King was contrary to a Senate liberty Florus Nomen Regis invidiosum They instituted a yearly Feast February 23. called Regifugium Ciccro as Augustine observeth Regem Romae post haec nec Dii nec homines esse patiantur The Emperours might doe something de facto but Lex Regia was not before Vespasians time Augustus took on him to be Tribune of the people from ten yeares to tâ—n Suetonius and Tacitus say The succeeding Kings encroached by degrees upon the peoples liberty For speedier execution of Law the Kings in time of Warre were forced to doe many things without the Senate and after the reigne of Emperours though there were no Plebescita yet there were Senatusconsulta and one great one is that the Senate declard Nero to be an enemie to the State It is thought Iulius Caesar in the warre against Pompey subdued the Romans and the Senate and they were subdued againe in the battaile of Octavius against Cassius and Brutus But Tacitus saith that was de facto not de jure Anal. l. 1. s 2. Rome ruere in servitium Consules Patres Eques Caligula intended to assume Diadema the Ensigne of a King but his friends disswaded him 3. England is obliged to D. Ferne who maketh them a subdued Nation The contrary of which is known to the world Obj. M. Simmons Loyall Subj Beliefe sect 6. pag. 19. God is not honoured by being resisted no more is the King Answ I deny the consequence Those who resist the Kings personall will and will not suffer him to ruine his Crowne and posterity in following Papists against his Oath at the Coronation do honour him and his Throne and Race as a King though for the time they displease him 2. Vzziah was not dishonoured in that he was resisted 3. Nor doe we honour the King when we flee from him and his Law Yet that resistance is lawfull according to the way of Royalists and in truth also Object 12. Supreme power is not to be resisted by subordinate powers because they are inferiour to the supreme Answ The bloody Irish Rebels then being inferiour to the Parliament cannot resist the Parliament 2. Inferiour Judges as Judges are immediately subordinate to God as the King and must be guilty of blood before God if they use nor the sword against bloody Cavalliers and Irish cut-throats except you say inferiour Judges are not obliged to execute judgement but at the Kings commandment Object As the Irish Rebels are armed with the Kings power they are superiour to the Parliament Answ So an Armie of Turks and Spaniards armed with the Kings power and comming against the two Kingdomes at the Kings commandement though they be but Lictors in a lawlâ—sse cause are superiour to the highest Courts of Parliament in the two Kingdomes But the King and the Law gave power to the Parliament first to resist Rebels now he giveth power to Rebels to resist the Parliament here must be contradictory wils and contradictory powers in the King Which of them is the Kings will and his power the former is legall and Parliamentary Then because Law is not contrary to Law the latter cannot be legall also nor can it be from God and to resist it then is not to resist God Object 13. If resistance bee restrained to legall commandements What shall we say to these arguments that Paul forbiddeth resistance under these tyrannous governours and that from the end of their government which is for good and which their subjects did in some sort enjoy under them Answ 1. This proveth nothing but that we are to cooperate with these governours though tyrannous by subjecting to their Laws so farre as they come up to this end the morall good and peace of their government but Paul no where commandeth absolute subjection to tyrannous governours in tyrannous acts which is still the question Object 14. Hee that hath the supreme trust next to God should have the greatest security to his person and power but if resistance be lawfull he hath a poore security Answ He that hath the greatest trust should have the greatest security to his person and power in the keeping his power and using it according to his trust for its owne native end for justice peace and godlinesse God alloweth security to no man nor that his Angelâ— shall guard them but onely when they are in their wayes and the service of God else There is no peace to the wicked 2. It is denyed that one man having the greatest trust should have the greatest security the Church and people of God for whose safety he hath the trust as a meanes for the end should have a greater security the City ought to have greater security then the watchers the Armie then the leaders The good Shepherd giveth his life for his
sheepe 3. A power to doe ill without resistance is not security Object 15. If God appoint Ministers to preach then the sheep cannot seeke safety elsewhere Ergo. Answ The wife is obliged to bed and board with her husband but not if she feare he will kill her in the bed The obedience of positive duties that subjects owe to Princes cannot loose them from Natures law of self-preservation nor from Gods Law of defending Religion against Papists in Armes nor are the sheep obliged to intrust themselves but to a saving shepherd Object 16. If self-defence and that by taking up Armes against the King be an unlawfull duty how is it that you have no practise no precept no promise for it in all the word of God 1. You have no practise Ahab sold himselfe to do evill he was an Idolater and killed the Prophets and his Queene a bloody Idolatresse stirred him up to great wickednesse Elias had as great power with the people as you have yet hee never stirred up the people to take Armes against the King Why did God at this time rather use an extraordinary meanes of saving his Church Arnisaeus de autho Princ. c. 8. but Elias only fled Nebuchadnezer Ahab Manassah Julian were Tyrants and Idolaters the people never raised an Armie against them B. Williams of Osserie p. 21. Deut. 14. If brother son daughter wife or friend intice thee to follow strange gods kill them not a word of the father Children are to love Fathers not to kill them Christ saith John P. P. in the cradle taught by practise to flee from Herod and all Christs acts and sufferings are full of mysteries and our instructions Hee might have had legions of Angels to defend him but would rather worke a miracle in curing Malchus eare as use the sword against Caesar If Sectaries give us a new Creed it will concerne them neere with expunging Christs descent into hell and the communion of Saints to raze out this He suffered under Pontius Pilate My resolution is for this sin of yours to dissolve in teares and Prayers and with my Master say daylie and hourely Father forgive them c. Christ thought it an uncouth spirit to call for fire from heaven to burne the Samaritans because they refused him lodging 2. The Prophets cried out against Idolatry blasphemy murther adultery c. and all sins never against the sin of neglect and murtherous omission to defend Church and Religion against a tyrannous King 3. No promise is made to such a rebellious insurrection in Gods word Answ It is a great non-consequence this duty is not practised by any examples in Gods word Ergo. It is no duty Practice in Scripture is a narrow rule of faith Shew a practice when a husband stoned his wife because she inticed him to follow strange Gods Yet it is commanded Deut. 13 6. when a man lying with a beast is put to death Yet it is a Law Exod. 22. 19. infinite more Lawes are the practise of which we finde not in Scripture 2. Iehu and the Elders of Israel rooted out Ahabs posterity for their Idolatry and if Iehu out of sincerity and for the zeale of God had done what God commanded he should have beene rewarded for say that it was extraordinary to Iehu that he should kill Ahab yet there was an expresse Law for it that he that stirreth up others to Idolatry should die the death Deut. 13. 6. and there is no exception of King or Father in the Law and to except father or mother in Gods matters is expresly against the zeale of God Deut. 33. 9. And many grave Divines think the people to be commended in making Iehu King and in killing King Nabad and smiting all the house of Ieroboam foâ— his Idolatry they did that which was a part of their ordinary duty according to Gods expresse Law Deut. 13. 6 7 8 9. though the facts of these men be extraordinary 3. Ahab and Iezabel raised not an Armie of Idolaters Malignants such as are Papists Prelates and Cavalliers against the three Estates to destroy Parliaments Lawes and Religion and the people conspired with Ahab in the persecution and Idolatry to forsake the Covenant throw downe the Altars of God and slay his Prophets so as in the estimation of Elias 1 King 19. 9 10 11. there was not one man but they were Malignant Cavalliers and hath any Elias now power with the Cavalliers to exhort them to rise in Armes against themselves and to shew them it is their duty to make warre against the King and themselves in the defence of Religion when the Prophets had much adoe to convince the people that they sinned in joyning with the King what place was there to shew them their sin in not using their owne lawfull defence And in reason any may judge it unreasonable for Elias to exhort of thousand thousands in Israel poore seven thousand of which many no doubt were women aged weake young to rise in Armes against Ahab and all Israel except God had given a positive and extraordinary Commandement and with all miraculous courage and strength in war against the whole Land and God worketh not alwayes by miracles to save his Church and therefore the naturall mandate of self-preservation in that case doth no more oblige a few weake ones to lawfull resistance then it obliged one Martyre to rise against a persecuting Nero and all his forces Arnisaeus should remember wee are not to tye our Lord to miracles 2. Elias did not onely flee but denounced wrath against the King and Cavalliers who joyned with them in Idolatry and when God gave oportunity he shewed himself and stirred the people up to kill Baals Iesuits and seduceing idolatours when the Idolatrous King refused to do it and Eliah with his own hand took them not but all Israel being gathered together 1 King 18. 19. The Princes and Judges did apprehend them ver 40. which is a warrant when the King refuseth to draw the sword of justice against armed Papists that other judges are to do it 2. For Nebuchadnezzer Ieremiah from the Lord expresly forbad to fight against him shew us the like for no defending our selves against bloody Papists and Irish cut-throats for that example may as well prove if it be a binding law to us that our King should not raise his Subjects to fight against a Spanish Armado and a forraigne Prince for before ever Nebuchadnezzer subdued the Kingdom of Iudah Ier. 27. 1. In the beginning of the raigne of Iehoiakim ver 12 13 14. chap. 36. chap. 37. the King of Iudah is from the Lord commanded not to draw a sword against the King of Babylon I hope this will not tye us and our King not to fight against forraigne Princes or against the great Turk if they shall unjustly invade us and our King and this example is against the Kings resisting of a forraigne Prince unjustly invading him as much as against us for Nebuchadnezzar was a