Right to what men possesse Too many too confidently hold these or the like Answ 1. That Dominion is founded upon Grace as its essentiall Pillar so as wicked men be no Magistrates because they are in mortall sin was falsly imputed to ancient Protestants the Waldenses Wickcliff and Hus by Papists and this day by Jesuites Suarez Bellarmine Becan The P. Prelate will leave them under this Calumny that he may offend Papists and Iesuites as little as he can but he would lay it on us but if the P. Prelate think that Dominion is not founded on Grace de jure that Rulers should have that spirit that God put on the seventy Elders for their Calling and that they ought not to be men fearing God and hating covetousnesse as Gerson and others did he belieth the Scripture 2. It is no errour of Gerson that beleevers have a spirituall Right to their civill possessions but by Scripture 1 Cor. 4. 21. Revel 21. 7. P. Prelate The Jesuites are ashamed of the errour of Casuists who hold that directum imperium the direct and primary power Supreme Civill and Ecclesiasticall is in the Pope and therefore they give an indirect directive and coercive power to him over Kings and States in ordine ad spiritualia So may he King and un-King Princes at his pleasure Our Presbyterians if they run not fully this way are very neer to it Answ The Windy man would seem versed in School-men he should have named some Gasuists who hold any like thing 2. The Presbyterians must be Popes because they subject Kings to the Gospel and Christs Scepter in Church Censures and think Christian Kings may be rebuked for blasphemy blood-shed c. Whereas Prelates in ordine ad diabolica murther souls of Kings 2. Prelates do King Princes An P. Arch-Prelate when our King was crowned put the Crown on King Charls Head the Sword and Scepter in his hand anointed him in his hands Crown shoulders arms with sacred Oyl The King must kisse the Archbishop and Bishops is not this to King Princes in ordine ad spiritualia And these that Kingeth may unking and judge what relation the P. Arch-Bishop Spotwood had when he proffered to the King the Oath that the Popish Kings sweareth to maintain the professed Religion not one word of the true Protestant Religion and will carefully root out all Hereticks and enemies that is Protestants as they expone it to the true Worship of God that shall be convicted by the true Church of God of the foresaid crimes And when the Prelates professed they held not their Prelacies of the King but of the Pope indeed Who are then nearest to the Popes power in ordine ad spiritualia 3. How will this black mouthed Calumniator make Presbyterians to dethrone Kings He hath written a Pamphlet of the inconsistency of Monarchie and Presbyterian Government consisting of lies invented Calumnies of his Church in which he was baptized But the truth is all his Arguments prove the inconsistencie of Monarchs and Parliaments and transform any King in a most absolute Tyrant for which Treason he deserveth to suffer as a Traytor P. Prelate Q. 1. c. 1. The Puritan saith That all power Civill is radically and originally seated in the Communitie he here joyneth hands with the Jesuite Answ In six pages he repeateth the same things 1. Is this such an Heresie that a Colonie casted into America by the Tyranny of P. Prelates have power to choose their own Governours all Israel was Hereticall in this for David could not be their King though designed and anointed by God 1 Sam. 16. till the people â— Sam. 5. put forth in act this power and made David King in Hebron 2. Let the Prelate make a Syllogisme it is but ex utraque affirmante in secunda figura Logick like the bellies of the Court in which men of their own way is disgraced and cast out of Grace and Court because in this controversie of the King with his two Parliaâ—ents they are like Erasmus in Gods matters who said Lutherum nec accuso nec defendo 1. He is discourted who ever he be who is in shape like a Puritan and not fire and sword against Religion and his Countrey and Oath and Covenant with God and so it is this The Iesuite teacheth that power of Government is in the Communitie originally The Puritan teacheth that power of Government is in the Communitie originally Ergo The Puritan is a Iesuite But so the Puritan is a Iesuite because he and the Iesuite teacheth that there is on God and three persons And if the Prelate like this reasoning we shall make himself and the Prelates and Court-Divines Iesuites upon surer grounds Jesuites teach The Pope is not the Antichrist 2. Christ locally discended to Hell to free some out of that prison 3. It was sin to separate from Babylonish Rome 4. We are justified by works 5. The merit of fasting is not to be condemned 6. The Masse is no idolatry 7. The Church is the judge of controversies 8. All the Arminian points are safer to be beleeved then the contrary yea and all the substantials of Popery are true and Catholick doctrine to be preached and Printed The Prelates and Court-Divines and this Prelate conspireth in all these with the Iesuites as is learnedly and invincibly proved in the Treatise called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Canterburian self-conviction to which no man of the Prelaticall and Romish Faction durst ever make answer for their hearts and see then who are Iesuites 3. This doctrine was taught by Lawyers Protestants yeilded to by Papists before any Iesuite was whelped in rerum naturâ Never learned man wrote of policy till of late but he held power of Government by the light of nature must be radically and originally in a Communitie the P. Prelate saith Iesuites are not the father of this opinion Cap. 1. pag. 12. How then can the Liar say that the Puritan conspireth with the Iesuite Suarez the Iesuite de primat sum pontifi l. 3. c. 2. n. 10. Non est novum aut a Cardinali Bellarmino inventum The Iesuite Tannerus will not have their Family the mother of this opinion Tom. 2. disp 5. de leg q. 5. in 12. q. 95 96. Dubi 1. n. 7. Sine dubio communis omnium Theologorum Iurisperitorum sententia c. The Iesuite Tolet in Rom. 13. taketh it for a ground That the Civill powers are from God by the naturall mediation of men and Civill Societies 4. Iesuites teach That there is no lawfull Christian society truely politick that hath a neer and formall power to choose and ordain their own Magistrates but that which acknowledgeth subjection and the due regulation of their creating of Magistrates to be due and proper to the Pope of Rome We acknowledge no wayes the Bishop of Rome for a lawfull Bishop and Pastor at all But this Popish Prelate doth acknowledge him for he hath these words Cap. 5. pag. 58. It is high
that they may mutually censure and judge one another Object Not in the same cause that is impossible If the King say Masse shall the Church judge and censure the King for intrusion and because the King is also Soveraigne and Supreme in his kinde he may judge and punish the Church for their act of judging and censuring the King it being an intrusion on his prerogative that any should judge the highest Judge Ans The one is not subiect to the other but in the case of male-administration the innocent as innocent is subject to no higher punishing he may be subject to a higher as accusing citing c. Now the Royalist must give instance in the same cause where the Church faileth against the King and his Civill law and the King in the same cause faileth against the Church-canon and then it shall be easie to answer P. Prelate Religion is the bottome of all happinesse if you make the King only to execute what a Presbyterie commandeth he is in a hard case and you take from him the chiefest in Government Ecclesiasticall power hath the soule in subjection the Civill Soveraigntie holdeth a dead dominion ever the body Then the Pope and Presbyterie shall be in better condition then the King Cic. in Ver. Omnes Religione moventur Superstition is furious and maddeth people that they spare neither Crown nor Mitre Ans Cold and dry is the P. P. when he spendeth foure pages in declamation for the excellencie of Religion The madnesse of Superstition nothing to the purpose 1. The King hath a chiefe hand in Church affaires when he is a Nurse-father and beareth the Royall sword to defend both the Tables of the Law though he doe not spin and weave Surplices and other base Masse-cloaths to Prelates and such Priests of Baal They dishonour his Majestie who bring his Prerogative so low 2. The King doth not execute with blind obedience with us what the Pope commandeth and the Prelates but with light of knowledge what Synods discernes and he is no more made the servant of the Church by this then the King of Iudah and Nebuchadnezzar are servants to Ieremiah and Daniel because they are to obey the Word of the Lord in their mouth Let them shew a reason of this why they are servants in executing Gods will in Discipline and in punishing what the Holy Ghost by his Apostles and Elders decree when any contemne the Decree concerning the abstinence from blood things strangled c. Act. 15. rather then when they punish murther idolatrie blasphemie which are condemned in the Word preached by Pastors of Christ and farther this objection would have some more colour realitie it hath not if Kings were only to execute what the Church ministerially in Christs name commandeth to be done in Synods but Kings may and doe command Synods to conveen and doe their duty and command many duties never Synodically decreed as they are to cast out of their Court apostare Prelates sleeping many yeares in the Devils armes and are to command Trencher-Divines neglecting their flock and lying at Court attending the falling of a dead Bishop as Ravens doe an old dying horse To goe and attend the flock and not the Court as this P. P. did 3. A King hath greater outward glory and may doe much more service to Christ in respect of extension and is excellenter then the Pastor who yet in regard of intension is busied about nobler things to wit the Soule the Gospel Eternitie than the King 4. Superstition maddeth men but it followeth not that true Religion may not set them on work to defend soule and body against Tyrannie of the Crown and Antichristian Mitres P. Prelate The Kingdome had peace and plentie in Prelates time Ans A belly-argument We had plenty when we sacrificed to the Queen of Heaven 2. If the Traveller contend to have his purse againe shall the Robber say Robberie was blessed with peace The rest to the end are lies and answered already Only his invectives against ruling Elders falsly called Lay-Elders are not to purpose Parliament-Priests and Lay and Court-Pastors are Lay-Prophets 2. That Presbyteries meddle with Civill businesse is a slander They meddle with publike scandals that offendeth in Christs Kingdome But the Prelate by office was more in two elements in Church and State then any Frogs even in the Kings Leaven-tubs ordinarily 3. Something he saith of Popes usurping over Kings but only of one of his fathers a great uncleane spirit Gregorie the Great But if he had refuted him by Gods Word he should have thrown stones at his own Tribe for Prelates like him doe ex officio trample upon the neck of Kings 4. His testimonies of one Councell and one Father for all Antiquitie proveth nothing Athanasius said God hath given Davids Throne to Kings What to be Head of the Church No to be the Minister of God without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the Church And because Kings reigne by Christ as the Councell of Arimin saith therefore it may follow a Baily is also Head of the Church It is taken from Prov. 8. and answered 5. That Presbyteries have usurped upon Kings more then Popes since Hildebrand is a lie all stories are full of the usurpation of Prelates his own tribe The Pope is but a swelled fat Prelate and what he saith of Popes he saith of his own house 6. The Ministers of Christ in Scotland had never a contest with King Iames but for his sinnes and his conniving with Papists and his introducing Bishops the usher of the Pope QUEST XLIII Whether the King of Scotland be an absolute Prince having Prerogatives above Parliament and Laws The Negative is asserted by the Lawes of Scotland the Kings Oath of Coronation the Confession of Faith c. THe negative part of this I hold in these Assertions Assert 1. The Kings of Scotland have not any Prerogative distinct from Supremacie above the Lawes 1. If the People must be governed by no Lawes but by the Kings own Lawes that is the Lawes and Statutes of the Realme acted in Parliament under paine of disobedience then must the King governe by no other Lawes and so by no Prerogative above Law But the former is an evident truth by our Acts of Parliament ergo so is the latter The Proposition is confirmed 1. Because what ever Law enjoyneth passive obedience no way but by Lawes that must injoyne also the King actively to command no other way but by Law for to be governed by Law essentially includeth to be governed by the Supreme Governour only by Law 2. An act of Regall governing is an act of Law and essentially an act of Law an act of absolute Prerogative is no act of Law but an act above Law or of pleasure loosed from Law and so they are opposed as acts of Law and non-acts of Law If the Subjects by command of the King and Parliament cannot be governed but by Law How can the King but
censuring scandals because they themselves do ill they hate the light now here the Prelate condemneth them of remissenesse in Discipline 20. Satan a lier from the beginning saith The Presbyterie was a seminary and nursery of fiends and contentions bloods because they excommunicated murtherers against King James his will which is all one as to say Prophecying is a nurse of bloods because the Prophets cryed out against King Achab and the murtherers of innocent Naboth the men of God must be either on the one side or the other or then preach against reciprocation of injuries 21. It is false that Presbyteries usurp both swords because they censure sins which the civill Magistrate should censure and punish Elias might be said then to mix himselfe with the civill businesse of the Kingdom because he prophecied against Idolators killing of the Lords Prophets which crime the civill Magistrate was to punish But the truth is the Assembly of Glasgow 1637. condemned the Prelates because they being Pastors would be also Lords of Parliament of Session of Secret Counsell of Exchequer Judges Barons and in their lawlesse High Commission would Fine Imprison and use the sword 22. It is his ignorance that he saith A provinciall synod is an associate body chosen out of all judiciall Presbyteries for all Pastors and Doctors without delegation by vertue of their place and office repaire to the Provinciall Synods and without any choice at all consult and voice there 23. It is a lye That some Leading men rule all here indeed Episcopall men made factions to rent the Synods and though men abuse their power to factions this cannot prove that Presbyteries are inconsistent with Monarchie for then the Prelate the Monarch of his Diocesian rout should be Anti-Monarchiall in a higher manner for he ruleth all at his will 24. The prime men as Mr. R. Bruce the faithfull servant of Christ was honoured and attended by all because of his Suffering Zeal Holinesse his fruitfull Ministery in gaining many thousand souls to Christ So though King James cast him off and did swear By Gods name he intended to be King the Prelate maketh Blasphemy a vertue in the King yet King James sware he could not find an honest Minister in Scotland to be a Bishop and therefore he was necessitated to promote false knaves but he said sometimes and wrote it under his hand that Mr. R. Bruce was worthy of the half of his kingdom but will this prove Presbyteries inconsistent with Monarchies I should rather think that Knave Bishops by King James his judgement were inconsistent with Monarchies 25. His lyes of Mr. R. Bruce excerpted out of the lying Manuscript of Apostat Spotswood in that he would not but preach against the Kings recalling from exile some Bloody Popish Lords to undo all are nothing comparable to the Incests Adulteries Blasphemies Perjuries Sabbath-breaches Drunkennesse Prophanity c. committed by Prelates before the Sun 26. Our Generall Assembly is no other then Christs Court Act. 15. made up of Pastors Doctors and Brethren or Elders 27. They ought to have no negative vote to impede the conclusions of Christ in his servants 28. It is a lye that the King hath no power to appoint time and place for the Generall Assembly but his power is not privative to destroy the free Courts of Christ but accumulative to ayd and assist them 29. It is a lye That our generall Assembly may repeal Laws command and expect performance of the King or then excommunicate subject to them force compell King Judges and all to submit to them They may not force the conscience of the poorest begger nor is any Assembly infallible nor can it lay bounds upon souls of Iudges which they are to obey with blind obedience their power is ministeriall subordinate to Christs Law and what civill Laws Parliaments make against Gods word they may Authoritatively declare them to be unlawfull as though the Emperour Act. 15. had commanded Fornication and eating of blood might not the Assembly forbid these in the Synod I conceive the Prelates if they had power would repeal the Act of Parliament made An. 1641. in Scotland by his Majestie personally present and the three Estates concerning the anulling of these Acts of Parliament and Laws which established Bishops in Scotland Erg. Bishops set themselves as independent Monarchs above Kings and Laws and what they damne in Presbyteries and Assemblies that they practise themselves 30. Commissioners from Burroughs and Two from Edinbrough because of the largenesse of that Church not for Cathedrall supereminence sit in Assemblies not as sent from Burroughs but as sent and Authorized by the Church Session of the Burrough and so they sit there in a Church capacity 31. Doctors both in Accademies and in Parishes we desire and our Book of Discipline holdeth forth such 32. They hold I beleeve with warrant of Gods word if the King refuse to reform Religion the inferior Iudges and Assembly of Godly Pastors and other Church Officers may reform if the King will not kisse the Sun and do his duty in purging the House of the Lord may not Eliah and the people do their duty and cast out Baals Priests Reformation of Religion is a personall act that belongeth to all even to any one private person according to his place 33. They may swear a Covenant without the King if he refuse and Build the Lords House 2 Chron. 15. 9. themselves and relieve and defend one another when they are oppressed For my acts and duties of defending my self and the oppressed do not tye my conscience conditionally so the King consent but absolutely as all duties of the Law of nature doe Jer. 22. 3. Prov. 24. 11. Esa 58. 6. Esa 1. 17. 34. The P. P. condemneth our Reformation because it was done against the will of our Popish Queen This sheweth what estimation he hath of Popery and how he abhorreth Protestant Religion 35. They deposed the Queen for Her Tyranny but Crowned her Son all this is vindicated in the following Treatise 36. The killing of the monstrous and prodigious wicked Cardinall in the Castle of St. Andrews and the violence done to the Prelates who against all Law of God and man obtruded a Masse service upon their own private motion in Edinbrough An. 1637. can conclude nothing against Presbyteriall Government except our Doctrine commend these acts as lawfull 37. What was preached by the servant of Christ whom p. 46. he calleth the Scottish Pope is Printed and the P. P. durst not could not cite any thing thereof as Popish or unsound he knoweth that the man whom he so slandereth knocked down the Pope and the Prelates 38. The making away the fat Abbacies and Bishopricks is a bloody Heresie to the earthly minded Prelate the Confession of Faith commended by all the Protestant Churches as a strong bar against Popety and the book of Discipline in which the servants of God laboured twenty yeares with fasting and
or immediately p. 160. How the inferiour Iudge is the deputy of the King p. 161 162. He may put to death murtherers as having Gods sword committed to him no lesse then the King even though the King command the contrary for he is not to execute judgement and to relieve the oppressed conditionally if a mortall King give him leave but whether the King will or no he is to obey the King of Kings p. 160 161. Inferiour Iudges are ministri regni non ministri regis p. 162 163. The King doth not make Iudges as he is a man by an act of private good will but as he is a King by an act of Royall Iustice and by a power that he hath from the people who made himself supreme Iudge p. 163 164 165. The Kings making of inferiour Iudges hindereth not but they are as essentially Iudges as the King who maketh them not by fountain-power but by power borrowed from the people p. 165 166. The Iudges in Israel and the Kings differ not essentially p. 167. Aristocracy as naturall as Monarchie and as warrantable p. 168 169. Inferiour Iudges depend some way on the King in fieri but not in facto esse p. 169 170. The Parliament not Iudges by derivation from the King p. 170. The King cannot make nor unmake Iudges ibid. No heritable Iudges ibid. Inferiour Iudges more necessary then a King p. 171 172. QUEST XXI What power the People and States of Parliament hath over the King and in the State p. 172. The Elders appointed by God to be Iudges p. 173. Parliaments may conveen and judge without the King p. 173 174. Parliaments are essentially Iudges and so their consciences neither dependeth on the King quoad specificationem that is That they should give out this sentence not this nec quoad exercitium That they should not in the morning execute judgement p. 174 175. Vnjust judging and no judging at all are sins in the States p. 175. The Parliament coordinate Iudges with the King not advisers onely By eleven Arguments p. 176 177 Inferior Iudges not the Kings Messengers or Legates but publike Governours p. 176. The Jews Monarchie mixt p. 178. A Power executive of Laws more in the King a Power legislative more in the Parliament p. 178 179. QUEST XXII Whether the power of the King as King be absolute or dependent and limited by Gods first mould and patern of a King Negatur Prius Affirmatur Posterius p. 179. The Royalists make the King as absolute as the Great Turk p. 180. The King not absolute in his power proved by nine Arguments p. 181. 182 183 seq Why the King is a living Law p. 184. Power to do ill not from God ibid. Royalists say power to do ill is not from God but power to do ill as punishable by man is from God p. 186. A King actu primo is a plague and the people slaves if the King by Gods institution be absolute p. 187. Absolutenesse of Royaltie against Iustice Peace Reason Law p. 189. Against the Kings relation of a brother p. 190. A Damsel forced may resist the King ibid. The goodnesse of an absolute Prince hindereth not but he is actu primo a Tyrant p. 189. QUEST XXIII Whether the King hath a Prerogative Royall above Laws Negatur p. 192. Prerogative taken two wayes ibid. Prerogative above Laws a Garland proper to infinite Majestie ibid. A threefold dispensation 1. Of power 2. Of justice 3. Of Grace p. 194. Acts of meer grace may be acts of blood p. 195. An oath to the King of Babylon tyed not the people of Judah to all that absolute power could command ibid. The absolute Prince is as absolute in acts of crueltie as in acts of grace p. 196. Servants are not 1 Pet. 2. 18 19. interdited of self-defence p. 199 200. The Parliament materially onely not formally hath the King for their Lord p. 202. Reason not a sufficient restraint to keep a Prince from Acts of tyranny ibid. Princes have sufficient power to do good though they have not absolute to do evil p. 203. A power to shed innocent blood can be no part of any Royall power given of God p. 204. The King because he is a publike person wanteth many priviledges that subjects have p. 205 206. QUEST XXIV What relation the King hath to the Law p. 207. Humane Laws considered as reasonable or as penal ibid. The King alone hath not a Nemothetick power p. 208. Whether the King be above Parliaments as their Iudge p. 208 p. 209 210 211. Subordination of the King to the Parliament and coordination both consistent p. 210 211. Each one of the three Governments hath somewhat from each other and they cannot any one of them be in its prevalency conveniently without the mixture of the other two p. 211 212. The King as a King cannot erre as he erreth in so far he is not the remedie of oppression and Anarchie intended by God and nature p. 212. In the court of necessitie the people may judge the King p. 213. Humane Laws not so obscure as tyranny is visible and discernable p. 213 214. It s more requisite that the whole people Church and Religion be secured then one man p. 215. If there be any restraint by Law on the King it must be physicall for a morall restraint is upon all men p. 214 215. To swear to an absolute Prince as absolute is an oath eatenus in so far unlawfull and not obligatory p. 215. QUEST XXV Whether the supreme Law the safetie of the people be above the King Affirmed p. 218. The safetie of the people to be preferred to the King for the King is not to seek himself but the good of the people p. 218 219. Royalists make no Kings but Tyrants p. 222. How the safetie of the King is the safetie of the people p. 223. A King for the safetie of the people may break through the Letter and paper of a Law p. 227. The Kings prerogative above Law and Reason not comparable to the blood that has been shed in Ireland and England p. 225 226 228. The power of Dictators prove not a Prerogative above Law p. 229 230. QUEST XXVI Whether the King be above the Law p. 230 231. The Law above the King in four things 1. In constitution 2. Direction 3. Limitation 4. Coaction p. 231. In what sense the King may do all things p. 231 232. The King under the moralitie of Laws 2. Vnder Fundamentall Laws not under punishment to be inflicted by himself nor because of the eminency of his place but for the physicall incongruity thereof p. 232 233. If and how the King may punish himself p. 233. That the King transgressing in a hainous manner is under the Coaction of Law proved by seven Arguments p. 234 235 seq The Coronation of a King who is supposed to be a just Prince yet proveth after a Tyrant is conditionall and from ignorance and so unvoluntary and in so far not
1 Sam. 12. 24. only feare the Lord 25. But if yee doe still wickedly yee shall be consumed both yee and your King And this case â— grant is extraordinary yet so as Iunius Brutus proveth well and strongly that Religion is not given only to the King that he only should keepâ— it but to all the inferiour Iudges and people also in their kind but because the estates never gave the King power to corrupt Religion and presse a false and Idolatrous worship upon them therefore when the King defendeth not true Religion but presseth upon the people a false and Idolatrous Religion in that they are not under the King but are presumed to have no King eatenus so farre and are presumed to have the power in themselves as if they had not appointed any King at all as if we presume the body had given to the right hand a power to ward off strokes and to defend the body if the right hand should by a Palsie or some other disease become impotent and be withered up when ill is comming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it selfe in this case as if the body had no right hand and had never communicated any power to the right hand at all So if an incorporation accused of Treason and in danger of the sentence of death shall appoint a Lawyer to Advocate their cause and to give in their just defences to the Iudge if their Advocate be stricken with dumbnesse because they have losed their legall and representative tongue none can say that this incorporation hath loosed the tongues that Nature hath given them so as by Natures law they may not plead in their own just lawfull defence as if they had never appointed the foresaid lawyer to plead for them The King as a man is not more obliged to the publick and regall defence of the true Religion then any other man of the land but he is made by God and the people King for the Church and people of God's sake that he may defend true Religion for the behalfe and salvation of all If therefore he defend not Religion for the salvation of the soules of all in his publick and royall way it is presumed as undeniable that the people of God who by the law of nature are to care for their own soule are to defend in their way true Religion which so nearly concerneth them and their eternall happinesse 2 Assert When the covenant is betwixt God on the one part and the King Priests and people on the other part it is true if the one performe for his part to God the whole duty the other is acquitted as if two men be indebted to one man ten thousand pounds if the one pay the whole summe the other is acquitted but the King and People are not so contracting parties in covenant with God as that they are both indebted to God for one and the same sum of compleat obedience so as if the King pay the whole summe of obedience to God the people is acquitted and if the People pay the whole summe the King is acquitted for every one standeth obliged to God for himselfe for the people must doe all that is their part in acquitting the King from his Royall duty that they may free him and themselves both from punishment if he disobey the King of Kings Nor doth the Kings obedience acquit the people from their duty And Arnisaeus dreamed if he believed that we make King and People this way partie contractors in covenant with God Nor can two co-partners in covenant with God so mutually compell one another to doe their duty for we hold that the covenant is made betwixt the King and the People betwixt mortall men but they both bind themselves before God to each other But saith Arnisaeus It belongeth to a Pretor or Ruler who is above both King and People to compell each of them the King to performe his part of the covenant to the people and the people to performe their part of the covenant to the King Now there is no Ruler but God above both King and People But let me answer The consequence is not needfull no more then when the King of Iudah and the King of Israel make a covenant to perform mutuall duties one to another no more then it is necessarie that there should be a King and superior Ruler above the King of Israel and the King of Iudah who should compell each one to doe a duty to his fellow King for the King and People are each of them above and below others in divers respects The People because they create the man King they are so above the King and have a virtuall power to compell him to doe his duty and the King as King hath an authoritative power above the People because Royaltie is formally in him and originally and virtually only in the People therefore may he compell them to their duty as we shall heare anon and therefore there is no need of an earthly Ruler higher then both to compell both 3 Assert We shall hereafter prove the power of the people above the King God willing And so it is false that there is not mutuall coactive power on each side 4 Assert The obligation of the King in the covenant floweth from the peculiar obligation nationall betwixt the King and the Estates and it bindeth the King as King and not simply as he is a man 1. Because it is a covenant betwixt the people and David not as he is the sonne of Jesse for then it should oblige Eliab or any other of Davids brethren yea it should oblige any man if it oblige David as a man but it obligeth David as a King or as he is to be their King because it is the specifice act of a King that he is obliged unto to wit to governe the people in Righteousnesse and Religion with his Royall power And so it is false that Arnisaeus saith that the King as a man is obliged to God by this covenant not as a King 2. He saith by covenant the King is bound to God as a Man not as a King But so the man will have the King as King under no law of God and so he must either be above God as King or coequall with God which are manifest blasphemies for I thought ever the Royalists had not denyed but the King as King had been obliged to keep his oath to his subjects in relation to God and in regard of naturall obligation so as he â—mneth before God if he breake his covenant with his people though they deny that he is obliged to keep his covenant in relation to his Subjects and in regard of politique or civill obligation to men Sure I am this the Royalists constantly teach 3. He would have this covenant so made with men as it obligeth not the King to men
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.
Royall Prerogative then the Municipall Law hath determined as some smatterers in the Law say They cannot distinguish betwixt a Statute Declarative and a Statute Constitutive but the Statutes of a Kingdom do declare onely what is the Prerogative Royall but do not constitute or make it God Almightie â—â—th by himself constituted it It is laughter to say the Decalogue was not a Law till God wrote it Answ Here a profound Lawyer calleth all smatters in the Law who cannot say that non ens a Prerogative Royall that is a power contrary to God and mans Law to kill and destroy the innocent came not immediately down from Heaven but I professe my self no Lawyer but do maintain against the Prelate that no Municipall Law can constitute a power to do ill nor can any Law either justly constitute or declare such a fancie as a Prerogative Royall so far is it from being like the Decalogue that is a Law before it be written that this Prerogative is neither Law before it be written nor after Court Placebo's have written for it for it must be eternall as the Decalogue if it have any blood from so noble a house 2. In what Scripture hath God Almightie spoken of a fancied Prerogative Royall P. Prelate Prerogative resteth not in its naturall seat but in the King God saith Reddite not Date render to Kings that which is Kings not give to Kings it shall never be well with us if his annointed and his Church be wronged Answ The Prelate may remember a Countrey Proverb He and his Prelates called the Church the scum of men not the Church are like the Tinkers dogs they like good company they must be ranked with the King And 2. Here a false Prophet It shall never be well with the Land while Arbitrary power and Popery be erected saith he in good sense P. Prelate The King hath his right from God and cannot make it away to the people Render to Caesar the things that are Caesars Kings persons their Charge their Right their Authority their Prerogative are by Scriptures Fathers Iurists Sacred inseparable Ordinances inherent in their Crowns they cannot be made away and when they are given to inferiour Judges it is not ad minuendam majestatem sed solicitudinem to lessen Soveraign Majesty but to case them Answ The King hath his right from God What then not from the people I read in Scripture The people made the King Never That the King made the people 2. All these are inseparably in the Crown but he stealeth in Prerogative Royall in the clause which is now in question Render to Caesar all Caesars And therefore saith he Render to him a Prerogative that is an absolute power to pardon and sell the blood of thousands Is power of blood either the Kings or inherent inseparably in his Crown Alas I fear Prelates have made blood an inseparable accident of his Throne 3. When Kings by that publike power given to them at their Coronation maketh inferiour Iudges they give them power to judge for the Lord not for men Deut. 1. 17. 2 Chron. 19. 6. Now they cannot both make away a power and keep it also for the inferiour Iudges conscience hangeth not at the Kings girdle he hath no lesse power to judge in his sphere then the King hath in his sphere though the Orb and circle of Motion be larger in compasse in the one then in the other and if the King cannot give himself Royall Power but God and the people must do it how can he communicate any part of that power to inferiour Judges except by trust Yea he hath not that power that other men have in many respects 1. He may not marry whom he pleaseth for he might give his body to a Leper woman and so hurt the Kingdom 2. He may not do as Solomon and Achab marry the daughter of a strange god to make her the mother of the heir of the Crown He must in this follow his great Senate 2. He may not expose his person to hazard of Warres 3. He may not go over Sea and leave his Watch-Tower without consent 4. Many Acts of Parliament of both Kingdoms discharge Papists to come within ten miles of the King 5. Some pernicious Counsellours have been discharged his company by Laws 6. He may not eat what Meats he pleaseth 7. He may not make Wasters his Treasurers 8. Nor Delapidate the Rents of the Crown 9. He may not dis-inherit his eldest son of the Crown at his own pleasure 10. He is sworn to follow no false gods and false religions nor is it in his power to go to Masse 11. If a Priest say Masse to the King by the Law he is hanged drawn and quartered 12. He may not write Letters to the Pope by Law 13. He may not by Law pardon seducing Priests and Iesuites 14. He may not take Physick for his health but from Physitians sworn to be true to him 15. He may not educate his heir as he pleaseth 16. He hath not power of his children nor hath he that power that other fathers have to marry his eldest son as he pleaseth 17. He may not befriend a Traytor 18. It is high Treason for any woman to give her body to the King except she be his married wife 19. He ought not to build sumptuous Houses without advice of his Councell 20. He may not dwell constantly where he pleaseth 21. Nor may he go to the Countrey to Hunt farlesse to kill his subjects and desert the Parliament 22. He may not confer honours and high places without his Councell 23. He may not deprive Iudges at his will 24. Nor is it in his power to be buried where he pleaseth but amongst the Kings Now in most of these twenty four points private persons have their own liberty far lesse restricted then the King QUEST XXIV What power hath the King in relation to the Law and the people And how a King and a Tyrant differ Mr. Symmons saith That Authoritie is rooted rather in the Prince then in the Law for as the King giveth Being to the inferiour Iudge so he doth to the Law it self making it authorizable for propter quod unum-quodque tale id ipsum magis tale and therefore the King is greater then the Law others say That the King is the Fountain of the Law and the sole and onely Law-giver Assert 1. The Law hath a twofold consideration 1. Secundum esse paenale in relation to the punishment to be inflicted by man 2. Secundum esse legis as it is a thing legally good in it self In the former notion it is this way true Humane Laws take life and being inway to be punished or rewarded by men from the will of Princes and Law-givers and so Symmons saith true Because men cannot punish or reward Laws but where they are made and the will of Rulers putteth a sort of stamp on a Law that it bringeth the Common-wealth under guiltinesse
need of a King more then there should have beene need of a Tutor to defend the child whose father is not dead or of a Physitian to cure sicknesse where there is health for remove sinne and there is neither death nor sicknesse but because sinne is entered into the world God devised as a remedy of violence and unjustice a living rationall breathing Law called a King a Iudge a Father now the aberrations violence and oppression of this thing which is the living rationall breathing Law is no Medium no meane intended by God and nature to remove violence How shall violence remove violence Therefore an unjust King as unjust is not that genuine ordinance of God appointed to remove unjustice but accidentall to a King So we may resist the unjustice of the King and not resist the King 8 If then any cast off the nature of a King and become habitually a Tyrant in so farre he is not from God nor any ordinance which God doth owne If the Office of a Tyrant to speake so be contrary to a Kings Offices it is not from God and so neither is the power from God 9. Yea Lawes which are no lesse from God then the Kings are when they begin to be hurtfull Cessant materialiter they leave off to be Lawes because they oblige Non secundum vim verborum sed in vim sensus not according to the force of words but according to sense â— Non figura literarum F. de actione obligatione l. ita stipulatus But who saith the Royalists shall be judge betwixt the King and the people when the people alledge that the King is a Tyrant Ans There is a Court of necessity no lesse then a Court of Justice and 2. The fundamentall Lawes must then speake and it is with the people in this extremity as if they had no Ruler Obj. 1. But if the Law be doubtsome as all humane all Civill all municipall Lawes may endure great dispute the peremptory person exponing the Law must be the supreame Iudge This cannot be the people ergo it must be the King Ans 1. As the Scriptures in all fundamentalls are cleare and expone themselves and Actu primo condemne Hercsies so all Lawes of men in their fundamentals which are the Law of Nature and of Nations are cleare And 2. Tyranny is more visible and intelligible then Heresie and it s soone decerned If a King bring in upon his native subjects twenty thousand Turks armed and the King lead them It is evident they come not to make a friendly visite to salute the Kingdom and depart in peace the people have a naturall throne of policie in their conscience to give warning and materially sentence against the King as a Tyrant and so by nature are to defend themselves Where Tyranny is more obscure and the thred small that it escape the eye of men the King keepeth possession but I deny that Tyranny can be obscure long Object 2. Doct. Ferne. A King may not or cannot easily alter the frame of fundamentall Laws he may make some actuall invasion in some transient and not fixed acts and it is safer to bear these then to raise a civill Warre of the Body against the Head Answ 1. If the King as King may alter any one wholesome Law by that same reason he may alter all 2. You give short wings to an Arbitrary Prince if he cannot over flie all Laws to the subversion of the Fundamentalls of a State if you make him as you do 1. One who hath the sole Legislative power who allanerly by himself maketh Laws and his Parliament and Councell are onely to give him advice which by Law he may as easily reject as they can speak words to him He may in one transient act and it is but one cancell all Laws made against idlolatry and Popery and command through bad Counsell in all his Dominions the Pope to be acknowledged as Christs Vicar and all his doctrine to be established as the Catholike true Religion It is but one transient act to seal a pardon to the shedding of the blood of two hundred thousand killed by Papists 2. You make him a King who may not be resisted in any case and though he subvert all Fundamentall Laws he is countable to God onely his people have no remedy but prayers or flight Object 3. Ferne Limitations and mixtures in Monarchies do not imply a forceable restraining power in subjects for the preventing of the dissolution of the State but onely a legall restraining power and if such a restraining power be in the subjects by reservation then it must be expressed in the constitution of the Government and in the Covenant betwixt the Monarch and his people but such a condition â—â— unlawfull which will not have the Soveraign power secured is unprofitable for King and people a seminary for seditions and jealousies Answ I understand not a difference betwixt forceable restraining and legall restraining For he must mean by legall mans Law because he saith It is a Law in the Covenant betwixt the Monarch and his people Now if this be not forceable and physicall it is onely Morall in the conscience of the King and a Cypher and a meer vanitie for God not the people putteth a restraint of conscience on the King that he may not oppresse his poor subjects but he shall sin against God that is a poor restraint the goodnesse of the King a sinfull man inclined from the womb to all sin and so to Tyranny is no restraint 2. There 's no necessitie that the reserve be expressed in the Covenant between King and people more then in contract of marriage between a husband and a wife beside her joynter you should set down this clause in the contract that if the husband attempt to kill the wife or the wife the husband in that case it shall be lawfull to either of them to part companies For Doct. Ferne saith That personall defence is lawfull in the people if the Kings assault be 1. Suddain 2. Without colour of Law 3. Inevitable Yet the reserve of this power of defence is not necessarily to be expressed in the contract betwixt King and people Exigences of the Law of nature cannot be set down in positive Covenants they are presupposed 3. He saith A reservation of power whereby soveraigntie is not secured is unlawfull Lend me this Argument The giving away of a power of defence and a making the King absolute is unlawfull because by it the people is not secured but one man hath thereby the sword of God put in his hand whereby ex officio he may as King cut the throats of thousands and be countable to none therefore but to God onely now if the non-securing of the King make a condition unlawfull the non-securing of a Kingdom and Church yea of the true religion which are infinitely in worth above one single man may far more make the condition unlawfull 4.
of Monarchy 9. No doubt saith he Hos 4. They were Priests and Iudges Hos 4. but they were over-awed as they are now J thinke he would say Hos 3. 4. otherwise he citeth Scripture sleeping That the Priests of Antichrist be not only over-awed but out of the earth I yeeld that the King be limited not over-awed I thinke Gods Law and mans Law alloweth 10. The safety of the King as King is not only safety but a blessing to Church and State and therefore this P. Prelate and his fellowes deserve to be hanged before the Sun who have led him on a warre to destroy him and his Protestant subjects But the safety and flourishing of a King in the exercises of an Arbitrary unlimited power against Law and Religion and to the destruction of his subjects is not the safety of the people nor the safety of the Kings soule which these men if they be the Priests of the Lord should care for The Prelate commeth to refute the learned and worthy Observator The safety of the people is the supreme Law ergo the King is bound in duty to promote all and every one of his subjects to all happinesse The Observator hath no such inference the King is bound to promote some of his subjects even as King to a Gallowes especially Irish Rebells and many bloudy Malignants But the Prelate will needs have God rigorous hallowed be his name if it be so for it is unpossible to the tenderest-hearted father to doe so actuall promotion of all is unpossible that the King intend it of all his subjects as good subjects by a Throne established on righteousnesse and judgement is that which the worthy Observator meaneth other things here are answered The summe of his second answer is a repetition of what he hath said I give my word in a Pamphlet of one hundred ninety and foure pages I never saw more idle repetitions of one thing twenty times before said But page one hundred sixty and eight he saith The safety of the King and his subjects in the Morall notion may be esteemed Morally the same no lesse then the soule and the body make one personall subsistence Ans This is strange Logick the King and his subjects are Ens por aggregationem and the King as King hath one Morall subsistence and the people another Hath the Father and the sonne the Master and the servant one Morall subsistence but the man speaketh of their well being and then he must meane that our Kings Government that was not long agoe and is yet to wit the Popery Arminianisme Idolatry cutting of mens eares and noses banishing imprisonment for speaking against Popery arming of Papists to slay Protestants pardoning the bloud of Ireland that I feare shall not be soone taken away c. are identically the same with the life safety and happinesse of Protestants then life and death justice and unjustice Idolatry and sincere worship are identically one as the soule of the Prelate and his body are one The third is but a repitition The Acts of Royaltie saith the Observator are Acts of dutie and obligation Ergo not acts of grace properly so called Ergo We may not thank the King for a courtesie This is no consequence What fathers do to children are acts of naturall dutie and of naturall grace and yet children owe gratitude to parents and subjects to good Kings in a legall sense No but in way of courtesie onely The Observator said The King is not a father to the whole collective body and it s well said he is son to them and they his maker Who made the King Policy answereth The State made him and Divinitie God made him 4. The Observator said well The peoples weaknesse is not the Kings strength The Prelate saith Amen He said That that perisheth not to the King which is granted to the people The Prelate denyeth Because What the King hath in trust from God the King cannot make away to another nor can any take it from him without sacriledge Answ True indeed If the King had Royalty by immediate trust and infusion by God as Elias had the spirit of prophecie that he cannot make away Royalists dream that God immediately from heaven now infuseth facultie and right to Crowns without any word of God It s enough to make an Euthysiast leap up to the Throne and kill Kings Judge if these Fanaticks be favourers of Kings But if the King have Royaltie mediately by the peoples free consent from God there is no reason but people give as much power even by ounce weights for power is strong Wine and a great mocker as they know a weak mans head will bear and no more power is not an immediate inheritance from heaven But a birth-right of the people borrowed from them they may set it out for their good and resume it when a man is drunk with it 2. The man will have it conscience on the King to fight and destroy his three Kingdoms for a dream his prerogative above Law But the truth is Prelates do engage the King his house honour subjects Church for their cursed Mytres The Prelate vexeth the Reader with Repetitions and saith The King must proportion his Government to the safety of the people on the one hand and to his owne safety and power on the other hand Ans What the King doth as King he doth it for the happinesse of his people the King is a relative yea even his owne happinesse that he seeketh he is to referre to the good of Gods people He saith farther The safety of the people includeth the safety of the King because the word populus is so taken which he proveth by a raw sickly rabble of words stollen out of Passerats Dictioner His father the Schoole-master may whip him for frivolous Etymologies This supreame Law saith the Prelate is not above the Law of Prerogative Royall the highest Law nor is Rex above Lex The Democracie of Rome had a supremacie above Lawes to make and unmake Lawes and will they force this power on a Monarch to the destruction of Soveraigntie Answ This which is stollen from Spalato Barclay Grotius and others is easily answered The supremacie of People is a Law of natures selfe-preservation above all positive Lawes and above the King and is to regulate Soveraigntie not to destroy it 2. If this supremacie of Majestie was in people before they have a King then 1. they lose it not by a voluntary choise of a King for a King is chosen for good and not for the peoples losse ergo they must retain this power in habite and potency even when they have a King 2. Then supremacy of Majesty is not a beame of Divinity proper to a King only 3. Then the people having Royall soveraignty vertually in them make and so unmake a King all which the Prelate denyeth This supreme Law saith the Prelate begging it from Spalato Arnisaeus Grotius advance the
where the King ought not to be as Abner was worthy of death who watched not carefully King Saul but slept when David came to his bed side and had opportunity to kill the King they are Traitors and murtherers of the King who either counselled his Majesty to come to Edge-hill where the danger was so grett or did not violently restraine him from comming thither seeing Kings safety and lives are as much yea more in the disposing of the people then in their owne private will 2 Sam. 18. 2 3. for certainly the people might have violently restrained King Saul from killing himselfe and the King was guilty of his own death and sinneth against his Office and subjects who commeth out in person to any such battles where he may be killed and the contrary party free of his blood And here our Prelate is blind if he see not the cleare difference between the Kings Person and the Office as he is King and between his private Will and his publicke and Royall Will 3. The Angels may be named Thrones and Dominions in abstracto and yet created in concreto and we may say the Angell and his power are both created at once but David was not both borne the Son of Iesse and a King at once and the P. Prelate by this may prove it is not lawfull to resist the Divell for he is of the number of these created Angells Col. 1. as he is a Divell because in resisting the Divell as a Divell we must resist an Angell of God and a Principality 4. To speake ill of dignities 2 Pet. 2. and Iud. 8. Piscator insinuateth is to speake evill of the very Office of Rulers as well as of their manners and Theodat saith on 2 Pet. 2. that these Raylers spake evill of the place of Governours and Masters as unbâ—seeming beleevers All our Interpreters as Beza Calvin Luther Bucer Marloratus from the place saith It is a speciall reproofe of Anabaptists and Libertines who in that time maintained that we are all free men in Christ and that there should not be Kings Masters nor any Magistrates however the abstract is put for the concrete its true and it saith we are not to raile upon Nero but to say Nero was a persecutor of Christians and yet obey him commanding what is just are very consistent 5. The persons are proposed Rom. 13. to be the object of our obedience saith D. Ferne it is very true but he is ignorant of our mind in exponing the word Person we never meant that feare honour royalty tribute must be due to the abstracted accident of Kingly Authority and not to the man who is King Nor is it our meaning that Royalty in abstracto is Crowned King and is anoynted but that the Person is crowned and anoynted But againe by a person we meane nothing lesse then the man Nero wasting Rome burning crucifying Paul and torturing Christians and that we owe subjection to Nero and to his person in concreto as to Gods ordinance Gods Minister Gods sword-bearer in that notion of a Person is that only that we deny Nay in that Nero in concreto to us is no Power ordained of God no Minister of God but a Minister of the Divell and Sathans armour-bearer and therefore we owe not feare honour subjection and tribute to the Person of Nero. But the Person thus far is the object of our obedience that feare honour subjection and tribute must be due to the man in concreto to his Person who is Prince but not because he is a man or a person simply or a sword bearer of Papists but for his office for that eminent place of royall dignity that God hath conferred on his Person We know the light of the Sun the heate of fire in abstracto doe not properly give light and heat but the Sun and fire in concreto yet the principium quo ratio qua the principles of these operations in Sun and fire be light heate and we ascribe illuminating of dark bodies heating of cold bodies to Sun and fire in concreto yet not to the subjects simply but to them as affected with such accidents so here we honour and submit to the man who is King not because he is a man that were treason not because he useth his sword against the Church that were impiety but because of his Royall Dignity and because he useth it for the Lord. It is true Arnisaeus Barclay Ferne say That Kings leave not off to be Kings when they use their power and sword against the Church and Religion And also it is considerable that when the worst of Emperors bloody Nero did raigne the Apostle presseth the duty of subjection to him as to a power appointed of God and condemneth the resisting of Nero as the resisting of an ordinance of God And certainely if the cause and reason in point of duty Morall and of conscience before God remaine in Kings to wit that while they are enemies and persecutors as Nero was their Royall Dignity given them of God remaineth then subjection upon that ground is lawfull and resistance unlawfull Ans It is true so long as Kings remaine Kings subjection is due to them because Kings but that is not the question But the question is if subjection be due to them when they use their power unlawfully and Tyrannically What ever David did though he was a King he did it not as King he deflowred not Bathsheba as King and Bathsheba might with bodily resistance and violence lawfully have resisted King David though Kingly Power remained in him while he should thus attempt to commit Adultery else David might have said to Bathshba Because I am the Lords Anoynted it is rebellion in thee a subject to oppose any bodily violence to my act of forcing of thee it is unlawfull to thee to cry for helpe for if any shall offer violently to rescue thee from me he resisteth the ordinance of God Subjection is due to Nero as an Emperour but not any subjection is due to him in the burning of Rome and torturing of Christians except you say that Nero's power abused in these acts of cruelty was 1. A power from God 2. An ordinance of God 3. That in these he was the Minister of God for the good of the Common-wealth Because some beleeved Christians were free from the yoake of Magistracy and that the dignity it selfe was unlawfull And 2. because ch 12. he had set downe the lawfull Church Rulers and in this and the following chapter the duties of brotherly love of one toward another So here ch 13. he teacheth that all Magistrates suppose Heathen are to be obeyed and submitted unto in all things so far as they are Ministers of God Arnisaeus objecteth to Buchan If we are by this place to subject our selves to every power in abstracto then also to a power contrary to the truth and to a power of a King exceeding the limits of a King for such a power
put us to flee even all Protestants and their seed and the weak and sick whom we are obliged to defend as our selves both by the Law of nature and grace I read that seven wicked nations and idolatrous were cast out of their land to give place to the Church of God to dwell there but shew me a warrant in natures Law and in Gods word that three Kingdomes of Protestantâ— their seed aged sick sucking children should flee out of England Scotland Ireland and leave Religion and the Land to a King and to Papists Prelates and bloody Irish and Atheists and therefore to a Church and community having Gods right and mans law to the land violent re-offending is their second mean next to supplications and declarations c. and flight is not required of them as of a private man Yea flight is not necessarily required of a private man but where it is a possible mean of self-preservation violent and unjust invasion of a private man which is unavoidable may be obviated with violent re-offending Now the unjust invasion made on Scotland in 1640. for refusing the Service-book or rather the idolatry of the Masse therein intended was unavoidable it was unpossible for the Protestants their old and sick their women and sucking children to flee over sea or to have shipping betwixt the Kings bringing an army on them at Duns-law and the Prelates charging of the Ministers to receive the masse-book Althusius saith well Pol. c. 38. n. 78. Though private men may flee but the estates if they flee they do not their duty to commit a country religion and all to a Lion Let not any oâ—ject we may not devise a way to fulfill the prophecy Psal 2. 8 9. Isa 49. 1. it is true if the way be our own sinfull way nor let any object a Colony went to New-England and fled the persecution Answer True but if fleeing be the onely mean after supplication there was no more reason that one Colony should go to New-England then it is necessary by a divine law obligatory that the wholâ— Protestants in the three kingdomes according to Royalists Doctrine are to leave their native country religion to one man to popish Idolators Atheists willing to worship idols with them and whethere then shall the Gospel be which we are obliged to defend with our lives 2. There is Tutela vitae proxima remota A meer and immediat defence of our life and a remote or mediat defence when there is no actuall invasion made by a man seeking our life we are not to use violent re-offending David might have killed Saul whâ—n he was sleeping and when he cut off the lap of his garment but it was unlawfull for him to kill the Lords Anointed because he is the Lords Annoited as it is unlawfull to kill a man because he is the Image of God Gen. 96. except in case of necessity The magistrate in case of necessity may kill the malefector thought his malefices do not put him in that case that he hath not now the image of God now prudency and light of grace determineth When we are to use violent re-offending for self-preservation it is not left to our pleasure In a remote posture of self-defence we are not to â—se violet re-offending David having Saul in his hand was in a remote posture of defence the unjust invasion then was not actuall not inavoidable not a necessary mean in human prudence for self-preservation for King Saul was then in a habituall not in an actuall pursuit of the whole Princes Elders and judges of Israel or of a whole community and Church Saul did but seek the life of one man David and that not for religion or a nationall pretended offence and therefore he could not in conscience put hands on the Lords anoynted but if Saul had actually invaded David for his life David might in that case make use of Goliahs sword for he took not that weapon with him as a Cypher to boast Saul it is no lesse unlawfull to threatten a King then to put hands on him and rather kill or be killed by Sauls emissaries Because then he should have been in an immediate and nearest posture of actuall self-defence Now the case is farre otherwayes between the King and the two Parliaments of England and Scotland for the King is not 1. Sleeping in his emissaries for he hath armies in two kingdomes and now in three kingdomes by sea and land night and day in actuall pursuit not of one David but of the estates and a Christian community in England and Scotland and that for Religious Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrary or Tyranicall government and law-government and Therefore by both the Lawes of the politique societies of both Kingdomes and by the Law of God and nature we are to use violent re-offending for self-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the three Kingdoms to actuall killing rather then we be killed and suffer Lawes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoynted my Master the King concludeth universally that the King in his most Tyrannous acts still remaining the Lords Anoynted cannot be resisted Ans 1. David speaketh of stretching out his hand against the person of King Saul no man in the three Kingdomes did so much as attempt to do violence to the Kings person But this argument 2. is inconsequent for a King invading in his own Royall person the innocent subject 1. Suddainly 2. Without colour of Law and reason 3. Unavoidably may be personally resisted and that with opposing a violence bodily yet in that invasion he remaineth the Lords Annoynted 2. By this argument the life of a murtherer cannot be taken away by a Judge for he remaineth one endued with Gods image and keepeth stil the nature of a man under all the murthers that he doth but it followeth no wayes that because God hath indowed his person with a sort of Royalty of a Divine image that his life cannot be taken and certainly if to be a man endued with Gods image Gen. 6. 9 10. and to bee an ill doer worthy of evill punishment are different to be a King and an ill doer may be distinguished The grounds of self-defence are these A woman or a young man may violently oppose a King if he force the one to adultery and incest and the other to Sodomy Though Court-flatterers should say the King in regard of his absolutenesse is Lord of life and death yet no man ever said that the King is Lord of chastity faith and oath that the wife hath made to her husband 2. Particular nature yeelds to the good of universall nature for which cause heavie bodies ascend aerie and light bodies descend If then a wilde Bull or a goaring Oxe
Parliament 4. He dâ—clared both Kingdoms Rebels 5. Attempted in his Emissaries to destroy the Parliament 6. And to bring in a forraigne enemie And the Law saith An imminent danger which is a sufficient warrant to take up Armes is not strokes but either the terrour of Armour or threatning Glossator in d. l. 1. C. Vinde vi ait non esse verbera expectanda sed vel terrorem armorum sufficere vel minas hoc esse imminâ—ns periculum L. Sed si quemcunque in princ ff ad leg Aquil. l. 3. quod qui armati ff de vi vi armata is qui aggressorem C. adlegem C. adlegem Corneli In most hainous sinnes conatus the endeavour and aime etiamsi effectus non sequatur puniridebet is punishable Bartoln in l. Si quis non dicam rapere The King hath aimed at the destruction of his Subjects through the power of wicked counsellors and we are to consider not the intenton of the workes but the nature and intention of the work Papists are in armes their religion the Conspiracy of Trent their conscience if they have any their malice against the convenant of Scotland which abjureth their Religion to the full their ceremonies their Prelates lead and necessitate them to root out the name of Protestant Religion yea and to stab a King who is a Protestant Nor is our King remaining a Protestant and adhering to his oath made at his Coronation in both kingdomes Lord of his own person master of himself nor able as King to be a King over Protestant subjects if the Papists now in armes under his standard shall prevail The King hath been compelled to go against his own oath and the Lawes which he did swear to maintaine The Pope sendeth to his popish armies both dispensations bulls mandats incouragements The King hath made a cessation with the bloody Irish and hath put arms in the hands of Papists Now he being under the oath of God tied to maintain the Protestant Religion he hath a metaphysically subtle pearcing faith of miracles who beleeveth armed Papists and Prelates shall defend Protestants their Religion and these who have abjured Prelats as the lawful sons of the Pope that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and as the law saith Quilibet in dubio praesumitur bonus L. merito praesumi L. non omnes § à Barbaris de re milit Charity beleeveth not ill So Charity is not a foole to beleeve all things So saith the Law Semel malus semper praesumitur malus in eodem genere C. semel malus de jure gentium in 6. Once wicked is alwayes wicked in that kind Marius Salamonius I. C. in L. ut vim at que injuriam ff de just jure We are not to wait on strokes the terrour of armour omnium consensu by consent of all is sufficient n. 3. If I see saith he the enemy take an arrow out of the Quiver before he bend the bow it is lawfull to prevent him with a blow cunctatio est periculosa The Kings comming with armed men to demand the Five Members into the House of Commons is very symbolicall and Warre was printed on that fact he that runneth may reade His comming to Hull with an Armie saith not he had no errand there but aske what it was in the clock See Novellus that learned Venetian Lawyer in a Treatise for defence he maketh continuatam rixam a continued upbraiding a sufficient ground of violent defence He citeth Doctores Comniter in L. ut vim ff de just jure Yea he saith Drunkennesse defens n. 44. Error n. 46. Madnesse n. 49 50. Ignorance n. 51. 52. Impudence n. 54. Necessity n. 56. Lasciviousnesse 58. Continuall reproaches 59. The fervour of anger 64. Threatning 66. Feare of imminent danger 67. Iust grief doe excuse a man from homicide and that in these he ought to be more mildly punished Quia obnubilatum mancum est consilium Reason in these being lame and clogged Ambros l. 1. offic Quinon repellit injuriam à socio cum potest tam est in vitio quam ille qui facit And as Nature so the Law saith When the losses are such as can never be repaired as Death Mutilation lesse of Chastity Quoniam facta infecta fieri nequeunt things of that kinde once done can never be undone we are to prevent the enemy l. Zonat. tract defens par 3. l. in bello § factae de capit notat Gloss in l. si quis provocatione If the King send an Irish Rebell to cast me over a bridge and drowne me in a water I am not to do nothing while the Kings emissary first cast me over and then in the next room I am to defend my self but nature and the law of self-defence warranteth me if I know certainly his ayme to horse him first over the bridge and then consult how to defend my selfe at my own leasure Royalists object that David in his defence never invaded and persecuted Saul yea when he came upon Saul and his men sleeping hee would not kill any but the Scottish and Parliaments Forces not onely defend but invade offend kill and plunder and this is cleerely an offensive not a defensive warre Answ There is no defensive warre different in spece and nature from an offensive warre if we speake physically they differ onely in the event and intention of the heart and it is most cleare that the affection and intention doth make one and the same action of taking away the life either homicide or no homicide If a man out of hatred deliberately take away his brothers life he is a murtherer eatenus but if that same man had taken away that same brothers life by the flying off of an Axe head off the staffe while he was hewing timber he neither hating him before nor intending to hurt his brother he is no murtherer by Gods expresse Law Deut. 4. 42. Deut. 19 4. Ioshua 20. 5. 2. The cause betweene the King and the two Parliaments and betweene Saul and David are so different in this as it is much for us Royalists say David might if he had seene offending to conduce for selfe-preservation have invaded Sauls men and say they the case was extraordinary and bindeth not us to selfe-defence and thus they must say for offensive weapons such as Goliahs sword and an hoast of armed men cannot by any rationall men be assumed and David had the wisdome of God but to offend if providence should so dispose and so what was lawfull to David is lawfull to us in self-defence he might offend lawfully and so may we 2. If Saul and the Philistims ayming as under an oath to set up Dagon in the land of Israel should invade David and the Princes and Elders of Israel who made him King and if David with an hoast of armed men he and the Princes of Israel should come in that case upon Saul and the Philistims sleeping if in that case David might not lawfully
way should oppose us in helping which blessed be the Lord the honourable houses of the Parliament of England hath not done though Malignant spirits tempted them to such a course what in that case we should owe to the afflicted members of Christs body is a case may be determined easily The fift and last opinion is of those who think if the King command Papists and Prelates to rise against the Parliament and our dear brethren in England in warres that we are obliged in conscience and by our oath and covenant to help our native Prince against them to which opinion with hands and feet I should accord if our Kings cause were just and lawfull but from this it followeth that we must thus far judge of the cause as concerneth our consciences in the matter of our necessary duty leaving the judiciall cognizance to the honourable Parliament of England But because I cannot returne to all these opinions particularly I see no reason but the Civil Law of a Kingdom doth oblige any Citizen to help an innocent man against a murthering robber that he may be judicially accused as a murtherer who faileth in his duty that Solon said well beatam remp esse illam in quâ quisque injuriam alterius suam estimet It is a blessed society in which every man is to repute an injury done against a brother 〈…〉 injury done against himself As the Egyptians had a good law by which he was accused upon his head who helped not one that suffered wrong and if he was not able to help he was holden to accuse the injurer if not his punishment was whips or three dayes hunger it may be upon this ground it was that Moses flew the Egyptian Ambrose commendeth him for so doing Assert We are obliged by many bands to expose our lives goods children c. in this cause of religion and of the unjust oppression of enemies for the safety and defence of our deare brethren and true religion in England 1. Prov. 24. 11. If thou forbear to deliver them that are drawn to death 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taken as captives to be killed and those that are ready to be slaine 12. If thou say behold we know it not doth not he that pondereth the heart consider it and he that keepeth thy soul doth he not know it and shall he not render to every man according to his work Master Iermin on the place is too narrow who commenting on the place restricteth all to these two that the priest should deliver by interceding for the innocent and the King by pardoning only But 1. to deliver is a word of violence as 1 Sam. 30. 18. David by the sword rescued his wives Hos 5 14. I will take away and none shall rescue 1 Sam. 17. 35. I rescued the lambs out of his mouth out of the Lyons mouth which behoved to be done with great violence 2 King 18. 34. They have not delivered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Samaria out of my hand So Cornel. à Lapide Charitas suadâ—â— ut vi armis eruamus injuste ductos ad mortem Ambros lib. 1. offic c. 36. citeth this same text and commendeth Moses who killed the Egyptian in defending a Hebrew man 2. It is an act of Charity and so to be done though the judge forbid it when the innocent is unjustly put to death Object But in so doing private men may offer violence to the lawfull magistrate when he unjustly putteth an innocent man to death and rescue him out of the hands of the magistrate and this were to bring in anarchy and confusion for if it be an act of charity to deliver the innocent out of the hand of the Magistrate it is homicide to a private man not to do it for our obedience to the law of nature tyeth us absolutely though the Magistrate forbid these acts for it is known that I must obey God rather then man Answ The law of nature tyeth us to obedience in acts of charity yet not to performe these acts after any way and manner in a meere naturall way impetu naturae but I am to performe acts of naturall charity in a rationall and prudent way and in looking to Gods law else if my brother or father were justly condemned to die I might violently deliver him out of the Magistrates hand but by the contrary my hand should be first on him without naturall compassion As if my brother or my wife have been a blasphemer of God Deut. 13. 6 7 8. and therefore am I to do acts naturall as a wise man observing as Solomon saith Eccles 8. 5. both time and judgement Now it were no wisdom for one private man to hazard his own life by attempting to rescue an innocent brother because he hath not strength to do it and the law of nature obligeth me not to acts of charity when I in all reason see them unpossible but a multitude who had strength did well to rescue innocent Ionathan out of the hands of the King that he should not be put to death yet one man was not tyed by the law of nature to rescue Ionathan if the King and Prince had condemned him though unjustly 2. The hoast of men that helped David against King Saul 1 Sam. 22. 2. entered in a lawfull war and 1 Chron. 12. 18. Amasa by the spirit of the Lord blesseth his helpers peace peace be unto thee and peace be to thy helpers for thy God helpeth the. Ergo Peace must be to the Parliament of England and to their helpers their brethren of Scotland 3. Numb 32. 1. 2. 3. 16. 17. 18. 19. Iosh 1. 12. 13. 14. The children of Gad and of Reuben and the half tribe of Manasseh though their inheritance fell to be in this side of Iordan yet they were to goe over the river armed to fight for their brethren while they had also possession of the land at the commandement of Moses and Joshua 4. So Saul and Israel helped the men of Iabesh Gilead conjoyned in blood with them against Nahash the Ammonite and his unjust conditions in plucking out their right eyes 1 Sam. 11. 5. Iephtha Iudg. 12. 2. justly rebuketh the men of Ephraim because they would not help him and his people against the Ammonites 6. If the communion of Saints be any bound that England and we have one Lord one faith one Baptisme one head and Saviour Iesus Christ then are we obliged to help our bleeding sister Church against these same common enemies Papists and Prelates but the former is undenyably true for 1. We send help to the Rotchel if there had not been a secret betraying of our brethren we send help to the recovery of the Palatinate and the aide of the confederat Princes against Babels strength and power and that lawfully but we did it at great leisure and coldly Q. Elizabeth helped Holland against the King of Spain And beside the union in Religion 1. We sayle in one
9. The States punished Archidanius because he married a wife of a low stature Plutarch in Ages in pris The ancient Burgundions thought it cause enough to expell their King if matters went not well in the State Marcel l. 27. The Goths in Spain gave no other cause of expelling their King nisi quod sibi displiceret because he displeased them Aimon l. 2. c. 20. l. 4. c. 35. Ans All these are not to be excused in people but neither every abuse of power in a King exautorateth a King nor every abuse in people can make null their power Arnisaeus maketh three kinds of oathes the first is when the King sweareth to defend true Religion and the Pope and he denyeth that this is an oath of fidelitie or by paction or covenant made to the Pope or Clergie he saith it is onely on oath of protection nor doth the King receive the Crown from the Pope or Clergie Answ 1. Arnisaeus divideth oathes that are to be conjoyned we read not that Kings sweare to defend Religion in one oath and to administrate judgement and justice in another for David made not two Covenants but onely one with all Israel 2. The King was not King while he did swear this oath and therefore it must be a pactionall oath between him and the Kingdom and it is true the King receiveth not a Crown from the Church yet David received a Crowne from the Church for this end to feed the Lords people and so conditionally Papir Masse l. 3. Chron. Gal. saith The king was not king before the oath 2. That he did sweare to be a keeper not onely of the first but also of the second Table of the Law Ego N. Dei gratia mox futur as rex Francorum in die ordinationis meae coram Deo sanctis ejus polliceor quod servabo privilegia canonica justitiamque jus unicuique Praelato debitum vosque defendam Deo juvante quantum potero quemadmodum Rex ex officio in suo regno defendere debet unumquemque Episcopum ac Ecclesiam administrabo populo justitiam leges uti jus postulat And so is it ordained in the Councel of Tolet 6. c. 6. Quisquis deinceps regni sortitus fuerit apicem non ante conscendat Regiam sedem quam inter reliquas conditiones sacramento policitus fuerit quod non sinet in regno suo degere â—um qui non sit Catholicus All these by Scripture are oathes of Covenant Deut. 17. ver 17 18. 2 Sam. 5. 1 2 3 4. 2 Kings 11. 17 18. Arnisaeus maketh a second oath of absolute Kings who sweare they shall raigne according to equitie and justice and he saith There is no need of this oath a promise is enough for an oath encreaseth not the obligation L. fin de non num pec Onelie it addeth the bound of Religion for there is no use of an oath where there is no paction of law against him that sweareth if he violate his oath There followeth onelie the punishment of Perjurie And the word of a Prince is as good as his oath onelie he condescendeth to sweare to please the people out of indulgence not out of necessitie And the King doth not therefore sweare because he is made King but because he is made King he sweareth And he is not King because he is crowned but he is crowned because he is King Where the Crowne goeth by succession the King never dieth and he is King by nature before he be crowned Answ 1. This oath is the very first oath spoken of before included in the covenant that the King maketh with the people 2 Sam 5. 2 3 4. For absolute Princes by Arnisaeus his grant doth swear to do the duties of a King as Bodinus maketh the oath of France de Rep. l. 1. c. 8. Iuro ego per deum ac promitto me justè regnaturum judicium equitatem ac misericordiam facturum And papir Mass l. 3. Chron. hath the same expresly in the particulars And by this a King sweareth he shall not be absolute and if he swear this oath he bindeth himself not to governe by the Law of the King whereby he may play the Tyrant as Saul did 1 Sam. 8. 9 10 11 12 c. As all Royalists expound the place 2. It is but a poor evasion to distinguish betwixt the Kings promise and his oath for the promise and covenant of any man and so of the King doth no lesse bring him under a civil obligation and politique coaction to keep his promise then an oath for he that becometh surety for his friend doth by no civil Law sweare he shall be good for the sonne or performe in liew and place of the friend what he is to performe he doth onely covenant and promise and in law and politique obligation he is taken and snared by that promise no lesse then if he had sworne Reuben offereth to be caution to bring Benjamin safe home to his old father Gen. 42. 37. Iudah also Gen. 43. 9. but they do not swear anyoath iâ— is true that an oath adeth nothing to a contract and promise but onely it laies on a religious tie before God yet so as consequently if the contractor violate both promise and oath he cometh under the guilt of perjury which a law of men may punish Now that a covenant bringeth the King under a politique obligation as well as an oath is already proved and farther confirmed by Gal. 3. 15. Though it be a mans testament or covenant no man disanulleth and addeth thereunto No man even by mans law can anull a confirmed covenant and therefore the man that made the covenant bringeth himself under law to fulfill his own covenant and so must the King put himself under mens law by a covenant at his Coronation Yea and David is reputed by Royallists an absolute Prince yet he cometh under a covenant before he be made King 3. It is but a weak reason to say that an oath is needlesse where no action of law can be against the King who sweareth if it have any strength of reason I retort it a legall and solemne promise then is needlesse also for there is no action of law against a King as Royalists teach if he violate his promise So then King David needlesly made a Covenant with the people at his Coronation for though David should turne as bloody an enemie to the Church as Nero or Iulian the people have no Law-action against David and why then did Ieremiah seek an oath of the King of Iudah that he would not kill him nor deliver him into the hands of his enemies and why did David seek an oath of Ionathan It is not like Ieremiah and David could have law-action against a King and a Kings son if they should violate the oath of God And farther it is a begging of the question to say that the States can have no action against the king if he should violate
be under his own and the Parliaments Law to governe only by Law I prove the Assumption from Parl. 3. of K. Iames the 1. Act 48. Ordaines That all and sundry the Kings Lieges be governed under the Kings Laws and Statutes of the Realme allanerly and under no particular Lawes or speciall Priviledges nor by any Lawes of other Countries or Realmes Priviledges doe exclude Lawes Absolute pleasure of the King as a Man and the Law of the King as King are opposed by way of contradiction and so in Parl. 6. K. James 4. Act. 79. and ratified Parl. 8. K. Iames 6. Act. 131. 2. The King at his Coronation 1 Par. K. James 6. Act. 8. sweareth to maintaine the true Kirk of God and Religion now presently professed in puritie And to rule the People according to the Lawes and Constitutions received in the Realme causing Justice and equitie to be ministred without partialitie This did King Charles sweare at his Coronation and ratified Parl. 7. K. Iam. 6. Act. 99. Hence he who by the Oath of God is limited to governe by Law can have no Prerogative above the Law If then the King change the Religion Confession of Faith authorised by many Parliaments especially by Parliament 1 K. Charles An. 1633. He goeth against his Oath 3. The Kings Royall Prerogative or rather Supremacie enacted Parl. 8. K. James 6. Act. 129. and Parl. 18. Act. 1. and Parl. 21. Act. 1. K. Iames and 1 Parl. K. Charles Act. 3. cannot 1. be contrary to the Oath that K. Charles did sweare at his Coronation which bringeth down the Prerogative to governing according to the standing Lawes of the Realme 2. It cannot be contrary to these former Parliaments and Acts declaring that the Lieges are to be governed by the Lawes of the Realme and by no particular Lawes and speciall Priviledges but absolute Prerogative is a speciall Priviledge above or without Law which Acts stand unrepealed to this day and these Acts of Parliaments stand ratified An. 1633. the 1 Parl. K. Charles 3. Parl. 8. K. Iames 6. in the first three Acts thereof the Kings Supremacie and the power and authoritie of Parliaments are equally ratified under the same paine Their jurisdictions power and judgements in Spirituall or Temporall causes not ratified by His Majestie and the three Estates conveened in Parliament are discharged But the Absolute Prerogative of the King above Law Equity and Iustice was never ratified in any Parliament of Scotland to this day 4. Parliam 12. K. Iames 6. Act. 114. All former Acts in favour of the true Church and Religion being ratified Their power of making Constitutions concerning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Order and Decency the Priviledges that God hath given to spirituall Office-bearers as well of Doctrine and Discipline in matters of Heresie Excommunication Collation Deprivation and such like warranted by the Word of God and also to Assembles and Presbyteries are ratified Now in that Parliament in Acts so contiguous we are not to think That the King and three Estates would make Acts for establishing the Churches power in all the former heads of Government in which Royalists say The soul of the Kings Absolute Prerogative doth consist And therefore it must be the true intent of our Parliament to give the King a Supremacy and a Prerogative Royall which we also give but without any Absolutenesse of boundlesse and transcendent power above Law and not to obtrude a Service-Book and all the Superstitious Rites of the Church of Rome without Gods Word upon us 5. The former Act of Parliament ratifieth the true Religion according to the Word of God then could it never have been the intent of our Parliament to ratifie an Absolute supremacy according to which a King might govern his people as a Tyrannous Lion contrary to Deut. 17. 18 19 20. And 't is true The 18. P. of King James 6. Act. 1. and Act. 2. upon personall qualifications giveth a Royall Prerogative to King James over all causes persons and estates within His Majesties Dominion whom they humbly acknowledge to be Soveraign Monarch Absolute Prince Judge and Governour over all Estates Persons and Causes These two Acts for my part I acknowledge spoken rather in Court-expressions then in Law-termes 1. Because personall vertues cannot advance a limited Prince such as the Kings of Scotland Post hominum memoriam ever were to be an Absolute Prince Personall graces make not David absolutely supreme Judge over all persons and causes nor can King James advanced to be King of England be for that made more King of Scotland and more supreme Iudge then he was while he was onely King of Scotland A wicked Prince is as essentially supreme Iudge as a godly King 2. If this Parliamentary figure of speech which is to be imputed to the times exalted King James to be Absolute in Scotland for his personall indowments there was no ground to put the same on King Charls Personall vertues are not alway Hereditary though to me the present King be the best 3. There is not any Absolutenesse above Law in the Act. 1. The Parliament must be more absolute themselves King James 6. had been divers yeers before this 18. Parl. King of Scotland then if they gave him by Law an Absolutenesse which he had not before then they were more Absolute These who can adde Absolutenesse must have it in themselves Nemo dat quod non habet if it be said King James had that before the Act the Parliament legally declared it to be his power which before the Declaration was his power I answer All he had before this Declaration was to govern the people according to Law and Conscience and no more and if they declare no other Prerogative Royall to be due to him there is an end we grant all But then this which they call Prerogative Royall is no more then a power to govern according to Law and so you adde nothing to King James upon the ground of his personall vertues onely you make an oration to his praise in the Acts of Parliament 4. If this Absolutenesse of Prerogative be given to the King the subjects swearing obedience swear That he hath power from themselves to destroy themselves this is neither a lawfull oath nor though they should swear it doth it oblige them 6. A Supreme Iudge is a supreme father of all his children and all their causes and to be a supreme Father cannot be contrary to a supreme Iudge but contrary it must be if this supremacy make over to the Prince a power of devouring as a Lyon and that by a regall priviledge and by office whereas he should be a father to save or if a Iudge kill an ill-doer though that be an act destructive to one man yet is it an act of a father to the Common-wealth An act of supreme and absolute Royaltie is often an act of destruction to one particular man and to the whole Common-wealth For example when the King out of his Absolute
to be Pastor should not be from the Church and from men as the Prelate denyeth that either the constitution or designation of the King is from the people but from God onely 2. I beleeve the infusion of the spirit of God upon the Iudges will not prove that Kings are now both constituted and designed of God solely onely and immediatly for the Iudges were indeed immediatly and for the most part extraordinarily raised up of God and God indeed in the time of the Iewes was the King of Israel in another manner then he was the King of all the nations and is the King of Christian Realmes now and therefore the peoples despising of Samuel was a refusing that God should reigne over them because God in the Iudges revealed himselfe even in matters of Policy as what should be done to the man that gathered sticks on the Sabbath day and the like as he doth not now to Kings P. Prelate Soveraigntie is a ray of divine glory and majestie but this cannot be found in people whether you consider them joyntly or singly if you consider them singly it cannot be in every individuall man for Sectaries say That all are born equall with a like freedom and if it be not in the people singly it cannot be in them joyntly for all the contribution in this compact and contract which they fancie to be humane composition and voluntary constitution is onely by a surrender of the native right that every one had in himself from whence then can this majestie and authoritie be derived Again where the obligation amongst equals is by contract and compact violation of the faith plighted in the contract cannot in proper termes be called disobedience or contempt of authoritie it is no more but a receding from and a violation of that which was promised as it may be in States or Counties confederate Nature reason conscience scripture teach That disobedience to Soveraign power is not onely a violation of Truth breach of Covenant but also high disobedience and contempt as is clear 1 Sam. 10. 26. So when Saul Chap. 11. sent a yoak of Oxen hewed in pieces to all the Tribes the fear of the Lord fell on the people and they came out with one consent 1 Sam. 11. 17. so Job 11. 18. He looseth the bonds of Kings that is he looseth their authoritie and bringeth them in contempt and he girdeth there loyns with a girdle that is he strengthneth their authoritie and maketh the people to reverence them Heathens observe that there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some divine thing in Kings Prophane Histories say that this was so eminent in Alexander the great that it was a terrour to his enemies and a powerfull Loadstone to draw men to compose the most seditious Counsels and cause his most experienced Commanders embrace and obey his counsel and command Some stories write that upon some great exigence there was some resplendent majestic in the eyes of Scipio This kept Pharoah from lifting his hand against Moses who charged him so boldly with his sins When Moses did speak with God face to face in the Mount this resplendent glory of Majestie so awed the people that they durst not behold his glory Exod. 34. This repressed the fury of the people enraged against Gideon from destroying their idol Judg. 6. And the fear of man is naturally upon all living creatures below Gen. 9. So what can this reverence which is innate in the hearts of all subjects toward their Soveraigns be but the Ordinance unrepealable of God and the naturall effect of that majestie of Princes with which they are endowed with from above Ans 1. I never heard any shadow of reason while now and yet because the lie hath a latitude here is but a shadow which the Prelate stole from M. Antonius de Dominis Archiepisc Spalatensis and I may say confidently this Plagiarius hath not one line in his booke which is not stollen and for the present Spalato his argument is but spilt and the nerves cut from it while it is both bleeding and famed Let the Reader compare them and I pawn my credit he hath ignorantly clipped Spalato But I answer 1. Soveraigntie is a beam and ray as Spalato saith of divine majestie and is not either formally or virtually in the people So he It is false that it is not virtually in the people for there be two things in the Iudge either inferior or supream for the argument holdeth in the majestie of a Parliament as we shall hear 1. The gift or grace of Governing the Arminian Prelate will offend at this 2. The Authority of governing 1. The gift is supernaturall and is not in man naturally and so not in the King for he is physically but a mortall man and this is a gift received for Salomon asked it by prayer from God There is a capacitie passive in all individuall men for it as for the officiall authoritie it self it is virtually in all in whom any of gods image is remaining since the fall as is clear as may be gathered from Gen. 1. 28. yea the Father the Master the Judge have it by Gods institution in some measure over son servant and subject though it be more in the supreme Ruler and for our purpose it is not requisite that authoritative majestie should be in all What is in the Father and Husband I hope to clear I mean it needeth not to be formally in all and so all are born alike and equall But he who is a Papist a Socinian an Arminian and therefore delivered to Satan by his mother Church must be the Sectarie for we are where this Prelate left us maintainers of the Protestant Religion continued in the Confession of Faith and Nationall Covenant of Scotland when this Demas forsook us and embraced the World 2. Though not on single man in Israel be a Judge or King by nature nor have in them formally any ray of Royaltie or of Magistraticall Authoritie yet it followeth not that Israel Parliamentarily convened hath no such authoritie as to make Saul King in Mizpah and David King in Hebron 1 Sam. 10. 24 25. 1 Chro. 11. 1 2. Chap. 12. 38 39. One man alone hath not the Keyes of the Kingdom of Heaven as the Prelate dreameth But it followeth not that many convened in a Church way hath not this power Matth. 18. 17. 1 Cor. 5. 1 2 3 4. One man hath not strength to fight against an Army of ten thousand doth it follow Ergo An Army of twenty thousand hath not strength to fight against these ten thousand So one Paul cannot Synodically determine the question Acts 15. It followeth not Ergo The Apostles and Elders and Brethren convened from divers Churches hath not power to determine it in a lawfull Synod And therefore from a disjoyned and scattered power no man can argue to a united power So not any one man is an inferiour Ruler or hath the rayes and beams of a number of
A legall restraint on a King is no more unprofitable and a seminary of jealousies between King and people then a legall restraint upon people for the King out of a non-restraint as out of seed may more easily educe tyranny and subversion of religion If outlandish women tempt even a Solomon to idolatry as people may educe sedition out of a legall restraint laid upon a King to say nothing that Tyranny is a more dangerous sin then sedition by how much more the lives of many and true religion are to be preferred to the safetie of one and a false peace Object 4. An absolute Monarch i◠free from all forceable restraint and so far as he is absolute from all legall restraint of positive Laws now in a limited Monarch there is onely sought a legall restraint and limitation cannot infer a forceable restraint for an absolute Monarch is limited also not by civill compact but by the Law of nature and nations which he cannot justly transgresse if therefore an absolute Monarch being exorbitant may not be resisted because he transgresseth the Law of nature how shall we think a limited Monarch may be resisted for transgressing the bounds set by civill agreement Answ A legall restraint on the people is a forceable restraint For if Law be not backed with force it is onely a Law of rewarding weldoing which is no restraint but an incouragement to do evil If then there be a legall restraint upon the King without any force it is no restraint but onely such a request as this Be a just Prince and we will give your Majestie two Subsidies in one yeer 2. I utterly deny that God ever ordained such an irrationall creature as an absolute Monarch If a people unjustly and against natures dictates make away irrevocably their own libertie and the libertie of their posteritie which is not their's to dispose off and set over themselves as base slaves a sinning creature with absolute power he is their King but not as he is absolute and that he may not be forceably resisted notwithstanding the subjects did swear to his absolute power which oath in the point of absolutenesse is unlawfull and so not obligatory I utterly deny 3. An absolute Monarch saith he is limited but by Law of nature That is Master Doctor he is not limited as a Monarch not as an absolute Monarch but as a son of Adam he is under the limites of the Law of nature which he should have been under though he had never been a King all his dayes but a slave But what then Therefore he cannot be resisted Yes Doctor by your own grant he can be resisted If he invade an innocent subject say you 1. Suddenly 2. Without colour of Law 3. Inevitably And that because he transgresseth the Law of nature 4. You say a limited Monarch can lesse be resisted for transgressing the bounds set by civill agreement But 1. What if the thus limited Monarch transgresse the Law of nature and subvert Fundamentall Lawes he is then you seem to say to be resisted it is not for simple transgression of a civill agreement that he is to be resisted 2. The limited Monarch is as essentially the Lords anointed and the power ordained of God as the absolute Monarch Now resistance by all your grounds is unlawfull because of Gods power and place conferred upon him not because of mens positive covenant made with him To finde out the essentiall difference betwixt a King and a Tyrant We are to observe that it is one thing to sin against a man another thing against a State David killing Vriah committed an act of murther But on this supposition that David is not punished for that murther he did not so sin against the State and Catholike good of the State that he turneth Tyrant and ceaseth to be a lawfull King A Tyrant is he who habitually sinneth against the Catholike good of the Subjects and State and subverteth Law Such a one should not be as Jason of whom it is said by Aeneas Silvius Graviter ferebat si non regnaret quasi nesciret esse privatus When such as are monstrous Tyrants are not taken away by the Estates God pursueth them in wrath Domitian was killed by his own Family his wife knowing of it Aurelianus was killed with a thunder-bolt Darius was drowned in a River Dioclesian fearing death poysoned himself Salerius died eaten with Worms The end of Herod and Antiochus Maxentius was swallowed up in a standing River Iulian died being stricken through with a Dart thrown at him by a man or an Angel it is not known Valens the Arian was burnt with fire in a little Village by the Gothes Anastasius the Eutychian Emperour was stricken by God with thunder Gundericus Vandalus when he rose against the Church of God being apprehended by the Divell died Some time the State have taken order with Tyrants The Empire was taken from Vitellius Heliogabalus Maximinus Didius Iulianus So was the two Childerici of France served So were also Sigebertus Dagabertus and Lodowick the 11. of France Christiernus of Denmark Mary of Scotland who killed her husband and raised Forces against the Kingdom So was Henricus Valesius of Pol for fleeing the Kingdom Sigismundus of Pol for violating his faith to the States QUEST XXV What force the Supreme Law hath over the King even that Law of the Peoples safetie called Salus Populi THe Law of the 12. Tables is Salus populi Suprema lex The safetie of the People is the supreme and Cardinall law to which all Lawes are to stoope And that from these Reasons 1. Originally Because if the People be the first Author Fountaine and Efficient under God of Law and King then their own safetie must be principally sought and their safetie must be farre above the King as the safetie of a Cause especially of an universall Cause such as is the People must be more then the safetie of one as Aristotle saith l. 3. polit alias l. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The part cannot be more excellent then the whole nor the effect above the cause 2. Finaliter This Supreme law must stand for if all Law Policie Magistrates and Power be referred to the peoples good as the end Rom. 13. 4. and to their quiet and peaceable life in godlinesse and honestie then must this Law stand as of more worth then the King as the end is of more worth then the meanes leading to the end for the end is the measure and rule of the goodnesse of the meane and finis ultimus in influxu est potentissimus The King is good because he conduceth much for the safetie of the People Ergo the safetie of the people must be better 3. By way of limitation Because no Law in its letter hath force where the safetie of the Subject is in hazard and if Law or King be destructive to the people they are to be abolished This is cleare in a Tyrant or a
wisedome for in many and in the people there must be more wisdome then in one man but rather corruption of nature and reciprocation of injuries that created Kings and other Iudges 9. The King shall better compasse his end to wit the safetie of the people with limited power placent mediocria and with other Iudges added to helpe him Num. 11. 14 16. Deut. 1. 12 13 14 15. then to put in one mans hand absolute power for a sinfull mans head cannot beare so much new wine such as exorbitant power is 10. He is a base flatterer who saith The King cannot choose but earnestly and carefully endeavour his own and the peoples happinesse that is the King is an Angel and cannot sinne and decline from the duties of a King Of the many Kings of Judah and Israel how many chose this All the good Kings that have been may be written in a gold ring 11. The peoples safetie dependeth indeed on the King as a King and a happy Governour but the people shall never be fattened to eat the winde of an imaginarie Prerogative Royall 12. Weake Government that is a King with a limited power who hath more power about his head nor within his head is a strong King and farre from Anarchy 13. I know not what he meaneth but Arminius his Masters way and words are here for Arminians say That being in the damned eternally tormented is no benefit it were better they never had being then to be eternally tormented and this they say to the defiance of the Doctrine of eternall Reprobation in which we teach That though by accident and because of the Damned their abuse of being and life it were to them better not to be as is said of Iudas yet simpliciter comparing being with non-being and considering the eternity of miserable being in relation to the absolute liberty of the Former of all things who maketh use of the sinfull being of Clay-vessells for the illustration of the glory of his Iustice and power Rom. 9. 17 22. 1 Pet. 2. 8. Iude v. 4. It is a censuring of God and his unsearchable Wisedome and a condemning of the Almighty of cruelty God avert blasphemy of the unspotted and holy Majesty who by Arminian grounds keepeth the Damned in life and being to be fuell eternally for Tophet to declare the glory of his Iustice But the Prelate behoved to goe out of his way to salute and gratifie a proclaimed enemy of free Grace Arminius and hence he would inferre That the King wanting his Prerogative Royall and fulnesse of absolute power to doe wickedly is in a penall and miserable condition and that it were better for the King to be a Tyrant with absolute liberty to destroy and save alive at his pleasure as is said of a Tyrant Dan. 5. v. 19. then to be no King at all And here consider a Principle of Royalists Court faith 1. The King is no King but a lame and miserable Iudge if he have not irresistable power to wast and destroy 2. The King cannot be happy nor the people safe nor can the King doe good in saving the needy except he have the uncontrollable and unlimited power of a Tyrant to crush the poore and needy and lay wast the mountaine of the Lords inheritance such Court-ravens who feede upon the soules of living Kings are more cruell then Ravens and Vultures who are but dead carcasses Williams B. of Ossarie answereth to the Maxime Salus populi c. No wise King but will carefully provide for the peoples safety because his safety and honour is included in theirs his destruction in theirs And it is saith Lipsius egri animi proprium nihil diu pati Absolom perswaded there was no justice in the Land when he intendeth Rebellion And the poore Prelate following him spendeth pages to prove that Goods Life Chastity and Fame dependeth on the safety of the King as the breath of our nostrills our Nurse-father our Head corner-stone and Judge c. 17. 6. 18. 1. The reason why all disorder was in Church and State was not because there was no Iudge no Government none can be so stupid as to imagine that But because 1. They wanted the excellentest of Governments 2. Because Aristocracy was weakened so as there was no right No doubt Priests there were but Hos 4. either they would not serve or were over-awed no doubt in those daies they had Iudges but Priests and Iudges were stoned by a rascally multitude and they were not able to rule therefore it is most consonant to Scripture to say Salus regis suprema populi salus The safety of the King and his Prerogative Royall is the safest sanctuary for the people So Hos 3. 4. Lament 2. 9. Ans 1. The question is not of the Wisedome but of the Power of the King if it should be bounded by no Law 2. The flatterer may know there be more foolish Kings in the world then wise and that Kings misled with Idolatrous Queenes and by name Achab ruined himselfe and his posterity and Kingdome 3. The salvation and happinesse of men standing in the exalting of Christs Throne and the Gospell ergo every King and every man will exalt the Throne and so let them have an incontrollable power without constraint of Law to doe what they list and let no bounds be set to Kings over subjects by this Argument their owne wisedome is a law to leade them to Heaven 4. It is not Absoloms mad Male-contents in Britane but there were really no justice to Protestants all indulgence to Papists Popery Arminianisme Idolatry printed Preached professed rewarded by Authority Parliaments and Church Assemblies the Bulwarkes of Iustice and Religion were denyed dissolved crushed c. 5. That by a King he understandeth a Monarch Iudg. 17. and that such a one as Saul of Absolute power and not a Iudge cannot be proved for there were no Kings in Israel in the Iudges daies the Government not being changed till neare the end of Samuels Government 6. And that they had no Iudges he saith It is not imaginable but I rather beleeve God then the Prelate Every one did what was right in his owne eyes because there was none to put ill doers to shame Possible the Estates of Israel governed some way for meere necessity but wanting a supreme Iudge which they should have they were loose but this was not because where there is no King as P. P. would insinuate there was no Government as is cleare 7. Of tempered and limited Monarchy I thinke as honourably as the Prelate but that absolute and unlimited Monarchy is excellenter then Aristocracy I shall then beleeve when Royalists shall prove such a Government in so farre it is absolute to be of God 8. That Aristocracy was now weakened I beleeve not seeing God so highly commendeth it and calleth it his own reigning over his people 1 Sam. 8. 7. The weakening of it through abuse is not to a purpose more then the abuse
tyrannous Ruler remaining a power ordained of God to summon legally and set before his tribunall the servants of God that he may kill them and murther them unjustly that same legall power he hath to murther them For if it be a legall power to kill the innocent and such a power as they are obliged in conscience to submit unto they are obliged in conscience to submit to the legall power of citing for it is one and the same power Now if resistance to the one power be unlawfull resistance to the other must be unlawfull also and if the law of self-defence or command of Christ warrant me to disobey a tyrannous power commanding me to compeir to receive the sentence of death that same Law farre more shall warrant me to resist and deny passive subjection in submitting to the un-unjâ—st sentence of death 2. When a murtherer self-convicted fleeth from the just power of a Judge lawfully citing him he resisteth the just power ordained of God Rom. 3. Ergo by the same reason if we flee from a tyrannous power we resist that tyrannous power and so by Royalists ground we resist the ordinance of God by flying Now to be disobedient to a just power summoning a malefactor is to hinder that lawfull power to be put forth in lawfull Acts for the Judge cannot purge the land of blood if the murtherer flee 3. When the King of Israel sendeth a Captaine and fifty Lictors to fetch Elisha these come instructed with legall power from the King if I may lay fetters on their power by flight upon the ground of self-preservation the same warrant shall allow me to oppose harmelesse violence for my owne safety 4. Royalists hold it unlawfull to keepe a strong hold against the King though the Fort be not the Kings house and though that David should not have offended if he had kept Keilah against Saul Dr. Ferne and Royalists say it had beene unlawfull resistance What more resistance is made to Royall power by wals interposed then by Seas and miles of earth interposed Both are physicall resistance and violent in their kinde QUEST XXXI Whether or no self-defence against any unjust violence offered to the life be warranted by Gods Law and the Law of Nature and Nations SElfe-preservation in all creatures in which is nature is in the creatures sutable to their nature The Bull defendeth it selfe by its hornes the Eagle by her clawes and bill it will not follow that a Lambe will defend it selfe against a Wolfe any other way then by flying So men and Christian men doe naturally defend themselves but the manner of self-defence in a rationall creature is rationall and not alwayes meerely naturall therefore a politique communitie being a combination of many natures as neither grace farre lesse can policy destroy nature then must these many natures be allowed of God to use a naturall self-defence If the King bring in an Army of forraigners then a politique community must defend it selfe in a rationall way Why Self-defence is naturall to Man and naâ—urall to a Lamb but not the same way A Lamb or a Dove naturally defend themselves against beasts of another kinde onely by flight not by re-action and re-offending But it followeth not that a man defendeth himselfe from his enemy only by flight If a robber invade me to take away my life and my purse I may defend my selfe by re-action for reason and grace both may determine the way of self-preservation Hence Royalists say a private man against his Prince hath no way to defend himselfe but by flight Ergo a community hath no other way to defend themselves but by flight 1. The antecedent is false Dr. Ferne alloweth to a private man supplications and denying of Subsidies and Tribute to the Prince when he imployeth Tribute to the destruction of the Common-wealth which by the way is a cleere resistance and an active resistance made against the King Rom. 13. 6 7. and against a Commandement of God except Royalists grant tyrannous powers may be resisted 2. The consequence is naught for a private man may defend himselfe against unjust violence but not any way he pleaseth The first way is by supplications and apologies he may not presently use violence to the Kings servants before he supplicate nor may he use re-offending if flight may save David used all the three in order 1. He made his defence by words by the mediation of Ionathan when that prevailed not he tooke himselfe to flight as the next but because he knew flight was not safe every way and nature taught him self-preservation and reason and light of grace taught him the meanes and the religious order of these meanes for self-preservation Therefore he addeth a third He took Goliahs sword and gathered six hundred armed men and after that made use of an hoast Now a sword and armour are not horsing and shipping for flight but contrary to flight so re-offending is Policies last refuge A godly magistrate taketh not away the life of a subject if other means can compasse the end of the Law and so he is compelled and necessitated to take away the life so the private man in his naturall self-defence not to use re-action or violent re-offending in his self-defence against any man farre lesse against the servants of a King but in the exigence of the last and most inexorable necessity And it is true that M. Symmons faith Sect. 11. pag. 35. Self-defence is not to be used where it cannot be without sinne It is certaine Necessity is but a hungry plea for sinne Luke 14. 18. but it is also true re-offending comparatively that I kill rather then I be killed in the sinlesse Court of Natures spotlesse and harmelesse necessity is lawfull and necessary except I be guilty of self-murder in the culpable omission of self-defence Now a private man may flie and that is his second necessity and violent re-offending is the third meane of self-preservation But with leave violent re-offending is necessary to a private man when his second meane to wit â—light is not possible and cannot attaine the end as in the case of David if â—light doe not prevaile Goliahs sword and an host of armed men are lawfull So to a Church and a community of Protestants men women aged sucking children sick and diseased who are pressed either to be killed or forsake Religion and Jesus Christ â—light is not the second meane nor a meane at all because 1. not possible and therefore not a naturall meane of preservation For 1. the aged the sick the sucking infants and sound Religion in the posteritie cannot flee â—light here is physically and by natures necessity unpossible and therefore no lawfull mean What is to nature physically unpossible is no lawfull mean 2. If Christ have a promise that the ends of the earth Psal 2. 8. and the Isles shall be his possession Esa 49. 1. I see not how naturall defence can
have cut off the Philistims and as he defended in that case Gods Church and true Religion if he might not then have lawfully killed I say the Philistims I remit to the conscience of the Reader Now to us Papists and Prelates under the Kings banner are Philistims introducing the Idolatry of Bread-worship and Popery as hatefull to God as Dagon-worship 3. Saul intended no arbitrary government nor to make Israel a conquered people nor yet to cut off all that professed the true worship of God nor came Saul against these Princes Elders and people who made him King only Davids head would have made Saul lay downe Arms but Prelates and Papists and Malignants under the King intend to make the Kings sole will a Law to destroy the Court of Parliament which putteth Lawes in execution against their Idolatry and their ayme is that Protestants be a conquered people and their attempt hath been hitherto to blow up King and Parliament to cut off all Protestants and they are in Armes in divers parts of the Kingdome against the Princes of the Land who are no lesse Judges and deputies of the Lord then the King himselfe and would kill and do kill plunder and spoyle us if we kill not them And the case is every way now betweene Armies and Armies as betweene a single man unjustly invaded for his life and an unjust invader neither in a naturall action such as is self-defence is that of policy to be urged none can be Judge in his owne cause when oppression is manifest one may be both agent and patient as the fire and water conflicting there is no need of a judge a community casts not off nature when the judge is wanting nature is judge actor accused and all Lastly no man is Lord of his owne members of his body m. l. liber homo ff ad leg Aqui. nor Lord of his owne life but is to be accountable to God for it QUEST XXXII Whether or no the lawfulnesse of defensive warres hath its warrant in Gods word from the example of David Elisha the eighty Priests who resisted Uzziah c DAvid defended himselfe against King Saul 1. by taking Goliahs sword with him 2. by being Captaine to six hundred men yea it is more then cleare 1 Chron. 12. that there came to David a hoast like the hoast of God v. 22. to help against Saul exceeding foure thousand v. 36. Now that this hoast came warrantably to help him against Saul I prove 1. because it is said ver 1. Now these are they that came to David to Ziglag while he kept himselfe close because of Saul the son of Kish and they were amongst the mighty men helpers of the warre and then so many mighty Captains are reckoned out v. 16. There came of the children of Benjamin and Iudah to the hold of David v. 19. And there fell some of Manasseh to David 20. As he went to Ziglag there fell to him of Manasseh Keâ—â—h and Jozabad Jediâ—l and Michael and Elihu and Zilthai Captaines of the thousands that were of Manasseh 21. And they helped David against the band of the rovers 22. At that time day by day there came to David untill it was a great hoast like the hoast of God Now the same expression that is ver 1. where it is said they came to help David against Saul which ver 1. is repeated ver 16. ver 19 20 21 22 23. 2. That they wartantably came is evident because 1. the Spirit of God commendeth them for their valor and skill in war ver 2. ver 8. ver 15. ver 21. which the Spirit of God doth not in unlawfull wars 2. Because Amasai v. 18. The Spirit of the Lord comming on him saith Thine are we David and on thy side thou son of Jesse peace peace unto thee and peace to thy helpers for thy God helpeth thee The Spirit of God inspireth no man to pray peace to those who are in an unlawfull warre 3. That they came to Davids side onely to be sufferers and to flee with David and not to pursue and offend is ridiculous 1. It is said ver 1. They came to David to Ziglag while he kept himselfe close because of Saul the son of Kish And they were amongst the mighty men helpers of the warre It is a scorne to say that their might and their helping in warre consisted in being meere patients with David and such as fled from Saul for they had beene on Sauls side before and to come with armour to flee is a mocking of the word of God 2. It is cleare the scope of the Spirit of God is to shew how God helped his innocent servant David against his persecuting Prince and Master King Saul in moving so many mighty men of warre to come in such multitudes all in Armes to help him in warre Now to what end would the Lord commend them as fit for Warre men of might fit to handle shield buckler whose faces are as the faces of Lyons as swift as the Roes on the Mountaines ver 8. and commend them as helpers of David if it were unlawfull for David and all those mighty men to carry Armes to pursue Saul and his followers and to doe nothing with their armour but flee Judge if the Spirit of God in reason could say All these men came armed with bowes ver 2. and could handle both the right hand and the left in slinging stones and shooting of arrowes and that ver 22. all these came to David being mighty men of valour and they came as Captains over hundreds and thousands they put to flight all them of the valleyes both toward the East and toward the West ver 14 15. and that David received them and made them Captains of the band if they did not come in a posture of warre and for hostile invasion if need were For if they came onâ—ly to suffer and to slee not to pursue Bowes Captaines and Captaines of Bands made by David and Davids helpers in the warre came not to help David by flying that was a hurt to David not a help It is true M. Symmons saiâ—h 1 Sam. 22. 2. Those that came out to David strengthened him but he strengthened not them and David might easily have revenged himselfe on the Ziphites who did good will to betray him to the hands of Saul if his conscience had served him Answ 1. This would inferre that these armed men came to help David against his conscience and that David was a patient in the businesse the contrary is in the Text 1 Sam. 26. 2. David became a Captaine over them and 1 Chron. 12. 17. If ye come peaceably to help me my heart shall be knit to you ver 18. Then David received them and made them Captains of the band 2. David might have revenged himselfe upon the Ziphites True but that Conscience hindred him cannot be proved To pursue an enemie is an act of a Councell of Warre and he saw
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
ship together being in one Iland under one King and now by the mercy of God have sworne one Covenant and so must stand or fall together 7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland An. 1585. at the desire of the Generall Assembly 1583. to joyne forces together at home and enter in League with Protestant Princes and Estates abroad to maintaine the Protestant Religion against the bloody confederacy of Trent and accordingly this League betweene the two Crownes was subscribed at Berwick An. 1586. and the same renewed An. 1587 1588. as also the confession of Faith subscribed when the Spanish Armado was on our coasts 8. The Law of God commanding that we love our neighbour as our selfe and therefore to defend one another against unjust violence l. ut vim ff de just jur obligeth us to the same except we thinke God can be pleased with lippe-love in word onely which the Spirit of God condemneth 1 Ioh. 2. 9 10. cap. 3. 16. and the summe of Law and Prophets is that as we would nor men should refuse to help us when we are unjustly oppressed so neither would we so serve our afflicted brethren l. in facto ff de cond demonstr § Siuxor Iustit de nupt 9. Every man is a keeper of his brothers life there is a voluntary homicide when a man refuseth food or physick necessary for his owne life and refuseth food to his dying brother and men are not borne for themselves And when the King defendeth not subjects against their enemies all fellow-subjects by the law of Nature of Nations the Civill and cannon Law have a naturall priviledge to defend one another and are mutuall Magistrates to one another when there be no other Magistrates If an Army of Turks or Pagans would come upon Britaine if the King were dead as he is civilly dead in this juncture of time when he refuseth to helpe his subjects one part of Britaine would help another As Iehoshaphat King of Iudah did right in helping Ahab and Israel so the Lord had approved of the warre If the left hand be wounded and the left eye put out nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye and so are they obliged to helpe one another 10. As we are to beare one anothers burthens and to help our enemies to compassionate strangers so far more these who make one body of Christ with us 11. Meroz is under a curse who helpeth not the Lord one part of a Church another A woe lieth on them that are at ease in Zion and helpeth not afflicted Ioseph so farre as they are able 12. The law of Gratitude obligeth us to this England sent an Armie to free both our soules and bodies from the bondage of Popery and the fury of the French upon which occasion a Parliament at Leith Anno 1560. established Peace and Religion and then after they helped us against a faction of Papists in our owne bosome for which we take Gods name in a prayer seeking grace never to forget that kindnesse 13. When Papists in Armes had undone England if God give them victory they should next fall on us and it should not be in the Kings power to resist them When our enemies within two dayes journey are in Armes and have the person of our King and his judgement and so the breathing Law of the two Kingdomes under their power we should but sleepe to be killed in our nest if we did not arise and fight for King Church Countrey and Brethren Object By these and the like grounds when the Kings Royall Person and life is in danger he may use Papists as subjects not as Papists in his owne naturall self-defence Answ Hell and the Devill cannot say that a thought was in any heart against the Kings person He sleeped in Scotland safe and at Westminster in his owne Palace when the Estates of both Kingdomes would not so much as take the water-pot from his bed-side and his Speare and Satan instilled this traiterous lye first in Prelates then in Papists 2. The King professeth his maintenance of the true Protestant Religion in his Declarations since he tooke Armes but if Saul had put Armes in the hands of Baals Priests and in an Armie of Sidonians Philistims Ammonites professing their quarrell against Israel was not to defend the King but their Dagon and false gods cleere it were Sauls Armie should not stand in relation of helpers of the Kings but of advancers of their owne Religion Now Irish Papists and English in Armes presse the King to cancell all Lawes against Popery and make Laws for the free liberty of Masse and the full power of Papists then the King must use Papists as Papists in these warres QUEST XXXVIII Whether Monarchy be the best of governments NOthing more unwillingly doe I write then one word of this question It is a darke way circumstances in falne nature may make things best to be hic nunc evill Though to me it is probable that Monarchy in it selfe 2. Monarchy de jure that is lawfull and limited Monarchy is best even now in a Kingdome under the fall of sin if other circumstances be considered But observe I pray you 1. That M. Symmons and this poore Prelate do so extoll Monarchy that there is not a government save Monarchy onely all other governments are deviations and therefore M. Symmons saith pag. 8. If I should affect another government then Monarchy I should neither feare God nor the King but associate my selfe with the seditious and so the question of Monarchy is 1. Which is the choisest government in it selfe or which is the choisest government in policie and in the condition of man falne in the state of sinne 2. Which is the best government that is the most profitable or the most pleasant or the most honest For wee know that there bee these three kinds of good things things usefull and profitable bona utilia things pleasant jucunda things honest honesta and the question may be of every one of the three 3. The question may be which of these governments be most agreeable to nature that is either to nature in it selfe as it agreeth communiter to all natures of elements birds beasts Aâ—gels Men to lead them as a governour doth to their last end or which government is most agreeable to men to sinfull men to sinfull men of this or this Nation for some Nations are more ambitious some more factious some are better ruled by one some better ruled by many some by most and by the people 4. The question may be in regard of the facility or difficulty of loving fearing obeying and serving and so it may be thought easier to love feare and obey one Monarch then many Rulers in respect that our Lord saith it is difficult to serve two Masters and possibly more difficult to serve twenty or