B. of Ossarie answereth to the Maxime Salus populi c. No wise King but will carefully provide for the peoples safety because his safety and honour is included in theirs his destruction in theirs And it is saith Lipsius egri animi proprium nihil diu pati Absolom perswaded there was no justice in the Land when he intendeth Rebellion And the poore Prelate following him spendeth pages to prove that Goods Life Chastity and Fame dependeth on the safety of the King as the breath of our nostrills our Nurse-father our Head corner-stone and Judge c. 17.6.18.1 The reason why all disorder was in Church and State was not because there was no Iudge no Government none can be so stupid as to imagine that But because 1. They wanted the excellentest of Governments 2. Because Aristocracy was weakened so as there was no right No doubt Priests there were but Hos. 4. either they would not serve or were over-awed no doubt in those daies they had Iudges but Priests and Iudges were stoned by a rascally multitude and they were not able to rule therefore it is most consonant to Scripture to say Salus regis suprema populi salus The safety of the King and his Prerogative Royall is the safest sanctuary for the people So Hos. 3.4 Lament 2.9 Ans. 1. The question is not of the Wisedome but of the Power of the King if it should be bounded by no Law 2. The flatterer may know there be more foolish Kings in the world then wise and that Kings misled with Idolatrous Queenes and by name Achab ruined himselfe and his posterity and Kingdome 3. The salvation and happinesse of men standing in the exalting of Christs Throne and the Gospell ergo every King and every man will exalt the Throne and so let them have an incontrollable power without constraint of Law to doe what they list and let no bounds be set to Kings over subjects by this Argument their owne wisedome is a law to leade them to Heaven 4. It is not Absoloms mad Male-contents in Britane but there were really no justice to Protestants all indulgence to Papists Popery Arminianisme Idolatry printed Preached professed rewarded by Authority Parliaments and Church Assemblies the Bulwarkes of Iustice and Religion were denyed dissolved crushed c. 5. That by a King he understandeth a Monarch Iudg. 17. and that such a one as Saul of Absolute power and not a Iudge cannot be proved for there were no Kings in Israel in the Iudges daies the Government not being changed till neare the end of Samuels Government 6. And that they had no Iudges he saith It is not imaginable but I rather beleeve God then the Prelate Every one did what was right in his owne eyes because there was none to put ill doers to shame Possible the Estates of Israel governed some way for meere necessity but wanting a supreme Iudge which they should have they were loose but this was not because where there is no King as P. P. would insinuate there was no Government as is cleare 7. Of tempered and limited Monarchy I thinke as honourably as the Prelate but that absolute and unlimited Monarchy is excellenter then Aristocracy I shall then beleeve when Royalists shall prove such a Government in so farre it is absolute to be of God 8. That Aristocracy was now weakened I beleeve not seeing God so highly commendeth it and calleth it his own reigning over his people 1 Sam. 8.7 The weakening of it through abuse is not to a purpose more then the abuse of Monarchy 9. No doubt saith he Hos. 4. They were Priests and Iudges Hos. 4. but they were over-awed as they are now J thinke he would say Hos. 3.4 otherwise he citeth Scripture sleeping That the Priests of Antichrist be not only over-awed but out of the earth I yeeld that the King be limited not over-awed I thinke Gods Law and mans Law alloweth 10. The safety of the King as King is not only safety but a blessing to Church and State and therefore this P. Prelate and his fellowes deserve to be hanged before the Sun who have led him on a warre to destroy him and his Protestant subjects But the safety and flourishing of a King in the exercises of an Arbitrary unlimited power against Law and Religion and to the destruction of his subjects is not the safety of the people nor the safety of the Kings soule which these men if they be the Priests of the Lord should care for The Prelate commeth to refute the learned and worthy Observator The safety of the people is the supreme Law ergo the King is bound in duty to promote all and every one of his subjects to all happinesse The Observator hath no such inference the King is bound to promote some of his subjects even as King to a Gallowes especially Irish Rebells and many bloudy Malignants But the Prelate will needs have God rigorous hallowed be his name if it be so for it is unpossible to the tenderest-hearted father to doe so actuall promotion of all is unpossible that the King intend it of all his subjects as good subjects by a Throne established on righteousnesse and judgement is that which the worthy Observator meaneth other things here are answered The summe of his second answer is a repetition of what he hath said I give my word in a Pamphlet of one hundred ninety and foure pages I never saw more idle repetitions of one thing twenty times before said But page one hundred sixty and eight he saith The safety of the King and his subjects in the Morall notion may be esteemed Morally the same no lesse then the soule and the body make one personall subsistence Ans. This is strange Logick the King and his subjects are Ens per aggregationem and the King as King hath one Morall subsistence and the people another Hath the Father and the sonne the Master and the servant one Morall subsistence but the man speaketh of their well being and then he must meane that our Kings Government that was not long agoe and is yet to wit the Popery Arminianisme Idolatry cutting of mens eares and noses banishing imprisonment for speaking against Popery arming of Papists to slay Protestants pardoning the bloud of Ireland that I feare shall not be soone taken away c. are identically the same with the life safety and happinesse of Protestants then life and death justice and unjustice Idolatry and sincere worship are identically one as the soule of the Prelate and his body are one The third is but a repitition The Acts of Royaltie saith the Observator are Acts of dutie and obligation Ergo not acts of grace properly so called Ergo We may not thank the King for a courtesie This is no consequence What fathers do to children are acts of naturall dutie and of naturall grace and yet children owe gratitude to parents and subjects to good Kings in a legall sense No but in way of courtesie onely
Sauls emissaries Because then he should have been in an immediate and nearest posture of actuall self-defence Now the case is farre otherwayes between the King and the two Parliaments of England and Scotland for the King is not 1. Sleeping in his emissariâ—s for he hath armies in two kingdomes and now in threâ— kingdomes by sea and land night and day in actuall pursuit not of one David but of the estates and a Christian community in England and Scotland and that for Religions Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrâ—ry or Tyranicall government and law-government and Therefore by both the Lawes of the politique societies of both Kingdomes and by the Law of God and nature we are to use violent re-offâ—nding for sâ—lf-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the suffâ—r â—awes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoâ—nted my Master the King concludeth universally that the King in his most Tyrannous acts still remaining the Lords Anoynted cannot be resisted Ans. 1. David speaketh of stretching out his haâ—d against the person of King Saul no man in the three Kingdomes did so much as attempt to do violence to the Kings person But this argument 2. is inconsequent for a King invading in his own Royall person the innocent subject 1. Suddainly 2. Without colâ—ur of Law and reason 3. Unavoidably may be personally resistâ—d and that with opposing a violence bodily yet in that invasion he remaineth the Lords Annoynted 2. By this argument the life of a murtherer cannot be taken away by a Judge for he râ—maineth one endued with Gods image and keepeth stil the nature of a man under all the murthers that he doth but it followeth no wayes that because God hath indowed his person with a sort of Royalty of a Divine image that his life cannot be taken and certainly if to be a man endued with Gods image Gen. 6.9 10. and to bee an ill doer worthy of evill punishment are different to be a King and an ill doer may be distinguished The grounds of self-defence are these A woman or a young man may violently oppose a King if he force the one to adultery and incest and the other to Sodomy Though Court-flatterers should say the King in regard of his absolutenesse is Lord of life and death yet no man ever said that the King is Lord of chastity faith and oath that the wife hath made to her husband 2. Particular nature yeelds to the good of universall nature for which cause heavie bodies ascend aerie and light bodies descend If then a wilde Bull or a goaring Oxe may not be let loose in a great market-confluence of people and if any man turne so distracted as he smite himselfe with stones and kill all that passe by him or come at him in that case the man is to be bound and his hands fettered and all whom he invadeth may resist him were they his owne sons and may save their owne lives with weapons much more a King turning a Nero King Saul vexed with an evill spirit from the Lord may be resisted and faâ—re more if a King indued with use of reason shall put violent hands on all his subjects kill his son and heire yea any violently invaded by natures law may defend themselves and the violent restraining of such an one is but the hurting of one man who cannot be virtually the Common-wealth but his destroying of the community of men sent out in warres as his bloody emissaries to the dissolution of the Common-wealth 3. The cutting off of a contagious member that by a Gangrene would corrupt the whole body is well warranted by nature because the safety of the whole is to be preferred to the safety of a part Nor is it much that Royalists say the King being the head destroy him the whole body the Common-wealth is dissolved as cut off a mans head the life of the whole man is taken away Because 1. God cutteth off the spirits of tyrannous Kings and yet the Common-wealth is not dissolved no more then when a Leopard or a wilde Boare running through children is killed it can be the destruction of all the children in the land 2. A king indefinitely is referred to the Common-wealth as an adequat head to a Monarchicall Kingdome and remove all Kings and the politique body as Monarchicall in its frame is not Monarchicall but it leaveth not off to be a politique body seeing it hath other Judges but the naturall body without the head cannot live 2. This or that tyrannous King being a transient mortall thing cannnot be referred to the immortall Common-wealth as it is adequat correlate They say the King never dieth yet this King can dye an immortall politique body such as the Common-wealth must have an immortall head and that is a King as a King not this or that man possibly a tyrant who is for the time and eternall things abstract from time onely a King 4. The reason of Fortunius Garcias a skilfull Lawyer in Spaine is considâ—rable Coment in l. ut vim vi ff de justit jure God hath implâ—nted in every creature naturall inclinations and motions to preserve it selfe and we are to love our self for God and have a love to preserve our selves rather then our neighbour and Natures law teacheth every man to love God best of all and next our selves more then our neighbour for the Law saith Thou shalt love thy neighbour as thy selfe then saith Malderus com in 12. q. 26. tom 2. c. 10. concl 2. The love of our selfe is the measure of the love of our neighbour But the rule and the measure is more perfect simple and more principall then the thing that is measured It is true I am to love the salvation of the Church it comming neerer to Gods glory more then my owne salvation as the wishes of Moses and Paul do prove and I am to love the salvation of my brother more then my owne temporall life but I am to love my owne temporall life more then the life of any other and therefore I am rather to kill then to be killed the exigence of necessity so requiring Nature without sin aimeth this as a truth in the case of losse of life Proximus sum egomet mihi Ephes. 5.28 29. He that loveth his wife loveth himselfe for no man ever yet hated his owne flesh but nourisheth it and cherisheth it even as the Lord the Church As then nature tyeth the dam to defend the young birds and the Lyon her whelps and the husband the wife and that by a comparative re-offending rather then the wife or children should be killed yea hee that is wanting to his brother if a robber unjustly invade his brother and helpeth him not is a murtherer of his
constitution is onely by a surrender of the native right that every one had in himself from whence then can this majestie and authoritie be derived Again where the obligation amongst equals is by contract and compact violation of the faith plighted in the contract cannot in proper termes be called disobedience or contempt of authoritie it is no more but a receding from and a violation of that which was promised as it may be in States or Counties confederate Nature reason conscience scripture teach That disobedience to Soveraign power is not onely a violation of Truth breach of Covenant but also high disobedience and contempt as is clear 1 Sam. 10.26 So when Saul Chap. 11. sent a yoak of Oxen hewed in pieces to all the Tribes the fear of the Lord fell on the people and they came out with one consent 1 Sam. 11.17 so Job 11.18 He looseth the bonds of Kings that is he looseth their authoritie and bringeth them in contempt and he girdeth there loyns with a girdle that is he strengthneth their authoritie and maketh the people to reverence them Heathens observe that there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some divine thing in Kings Prophane Histories say that this was so eminent in Alexander the great that it was a terrour to his enemies and a powerfull Loadstone to draw men to compose the most seditious Counsels and cause his most experienced Commanders embrace and obey his counsel and command Some stories write that upon some great exigence there was some resplendent majesti◠in the eyes of Scipio This kept Pharaoh from lifting his hand against Moses who charged him so boldly with his sins When Moses did speak with God face to face in the Mount this resplendent glory of Majestie so awed the people that they durst not behold his glory Exod. 34. This repressed the fury of the people enraged against Gideon from destroying their idol Judg. 6. And the fear of man is naturally upon all living creatures below Gen. 9. So what can this reverence which is innate in the hearts of all subjects toward their Soveraigns be but the Ordinance unrepealable of God and the naturall effect of that majestie of Princes with which they are endowed with from above Ans. 1. I never heard any shadow of reason while now and yet because the lie hath a latitude here is but a shadow which the Prelate stole from M. Antonius de Dominis Archiepisc. Spalatensis and I may say confidently this Plagiarius hath not one line in his booke which is not stollen and for the present Spalato his argument is but spilt and the nerves cut from it while it is both bleeding and lamed Let the Reader compare them and I pawn my credit he hath ignorantly clipped Spalato But I answer 1. Soveraigntie is a beam and ray as Spalato saith of divine majestie and is not either formally or virtually in the people So he It is false that it is not virtually in the people for there be two things in the Iudge either inferior or supream for the argument holdeth in the majestie of a Parliament as we shall hear 1. The gift or grace of Governing the Arminian Prelate will offend at this 2. The Authority of governing 1. The gift is supernaturall and is not in man naturally and so not in the King for he is physically but a mortall man and this is a gift received for Salomon asked it by prayer from God There is a capacitie passive in all individuall men for it as for the officiall authoritie it self it is virtually in all in whom any of Gods image is remaining since the fall as is clear as may be gathered from Gen. 1.28 yea the Father the Master the Judge have it by Gods institution in some measure over son servant and subject though it be more in the supreme Ruler and for our purpose it is not requisite that authoritative majestie should be in all What is in the Father and Husband I hope to clear I mean it needeth not to be formally in all and so all are born alike and equall But he who is a Papist a Socinian an Arminian and therefore delivered to Satan by his mother Church must be the Sectarie for we are where this Prelate left us maintainers of the Protestant Religion continued in the Confession of Faith and Nationall Covenant of Scotland when this Demas forsook us and embraced the World 2. Though not on single man in Israel be a Judge or King by nature nor have in them formally any ray of Royaltie or of Magistraticall Authoritie yet it followeth not that Israel Parliamentarily convened hath no such authoritie as to make Saul King in Mizpah and David King in Hebron 1 Sam. 10.24 25. 1 Chro. 11.1 2. Chap. 12.38 39. One man alone hath not the Keyes of the Kingdom of Heaven as the Prelate dreameth But it followeth not that many convened in a Church way hath not this power Matth. 18.17 1 Cor. 5.1 2 3 4. One man hath not strength to fight against an Army of ten thousand doth it follow Ergo An Army of twenty thousand hath not strength to fight against these ten thousand So one Paul cannot Synodically determine the question Acts 15. It followeth not Ergo The Apostles and Elders and Brethren convened from divers Churches hath not power to determine it in a lawfull Synod And therefore from a disjoyned and scattered power no man can argue to a united power So not any one man is an inferiour Ruler or hath the rayes and beams of a number of Aristocraticall Rulers but it followeth not Ergo All these men combined in a Citie or Societie have not power in a joynt Politicall body to chose Inferiour or Aristocraticall Rulers 3. The P. Prelates reason is nothing All the Contribution saith he in the compact body to make a King is onely by a surrender of the native right of every single man the whole being onely a voluntary constitution How then can there be any majestie derived from them I answer Very well For the surrender is so voluntary that it is also naturall and founded on the Law of nature That men must have Governours either many or one supreme Ruler And it is voluntary and dependeth on a positive institution of God Whether the Government be by one supreme Ruler as in a Monarchie or in many as in an Aristocracie according as the necessitie and temper of the Common-wealth do most require This Constitution is so voluntary as it hath below it the Law of nature for its generall foundation and above it the supervenient institution of God ordaining That there should be such Magistrates both Kings and other Iudges because without such all humane societies should be dissolved 4. Individuall persons in creating a Magistrate doth not properly surrender their right which can be called a right for they do but surrender their power of doing violence to these of their fellows in that same Communitie so as they shall not now
his people P. Prelate To reason from the one part and end of Monarchicall government The safetie of the Subjects to the destruction and weakning of the other part of the end of the power of Soveraigntie and the Royall prerogative is a caption à divisis If the King be not happy and invested with the full power of a Head the Body cannot be well By Anti-Monarchists The people at the beginning were necessitated to commit themselves lives and fortunes to the government of a King because of themselves they had not wisedome and power enough to doe it and therefore they enabled him with honour and power without which he could not doe this being assured that he could not choose but most earnestly and carefully endeavour this end to wit his own and the peoples happines Ergo the safetie of the people issueth from the safetie of the King as the life of the naturall body from the soule Weake Government is neare to Anarchie Puritans will not say Quovis modo esse etiam poenale is better then non esse The Scripture saith the contrary It were better for some never to have been borne then to be Tyranny is better then no Government Ans. 1. He knowes not Sophismes of Logick who calleth this Argument à divisis for the Kings Honour is not the end of the Kings Government He should seeke the safetie of State and Church not himself Himselfe is a private end and a step to Tyranny 2. The Prelate lyeth when he maketh us to reason from the safetie of the Subject to the destruction of the King Ferne Barclay Grotius taught the hungry Scholler to reason so Where read he this The People must be saved That is the Supreme law Ergo destroy the King The Devill and the Prelate both shall not fasten this on us But thus we reason When the man who is the King endeavoreth not the end of his Royall place but through bad counsell the subversion of Lawes Religion and bondage of the Kingdome The free Estates are to joyne with him for that end of Safetie according as God hath made them heads of Tribes and Princes of the people And if the King refuse to joyne with them and will not doe his dutie I see not how they are in conscience liberated before God from doing their part 3. If the P. Prelate call resisting the King by lawfull defensive wars the destruction of the Head He speaketh with the mouth of one excommunicated and delivered up to Sathan 4. We endeavour nothing more then the safetie and happinesse of the King as King but his happinesse is not to suffer him to destroy his Subjects subvert Religion arme Papists who have slaughtered above two hundred thousand innocent Protestants only for the profession of that true Religion which the King hath sworne to maintaine Not to rise in armes to helpe the King against these were to gratifie him as a Man but to be accessarie to his soules destruction as a King 5. That the Royall Prerogative is the end of a Monarchie ordained by God neither Scripture Law nor Reason can admit 6. The people are to intend the safetie of other Iudges as well as the Kings If Parliaments be destroyed whose it is to make Lawes and Kings the People can neither be safe free to serve Christ nor happy 7. It is a lie that people were necessitated at the beginning to commit themselves to a King for we read of no King while Nimrod arose Fathers of families who were not Kings and others did governe till then 8. It was not want of wisedome for in many and in the people there must be more wisdome then in one man but rather corruption of nature and reciprocation of injuries that created Kings and other Iudges 9. The King shall better compasse his end to wit the safetie of the people with limited power placent mediocria and with other Iudges added to helpe him Num. 11.14 16. Deut. 1.12 13 14 15. then to put in one mans hand absolute power for a sinfull mans head cannot beare so much new wine such as exorbitant power is 10. He is a base flatterer who saith The King cannot choose but earnestly and carefully endeavour his own and the peoples happinesse that is the King is an Angel and cannot sinne and decline from the duties of a King Of the many Kings of Judah and Israel how many chose this All the good Kings that have been may be written in a gold ring 11. The peoples safetie dependeth indeed on the King as a King and a happy Governour but the people shall never be fattened to eat the winde of an imaginarie Prerogative Royall 12. Weake Government that is a King with a limited power who hath more power about his head nor within his head is a strong King and farre from Anarchy 13. I know not what he meaneth but Arminius his Masters way and words are here for Arminians say That being in the damned eternally tormented is no benefit it were better they never had being then to be eternally tormented and this they say to the defiance of the Doctrine of eternall Reprobation in which we teach That though by accident and because of the Damned their abuse of being and life it were to them better not to be as is said of Iudas yet simpliciter comparing being with non-being and considering the eternity of miserable being in relation to the absolute liberty of the Former of all things who maketh use of the sinfull being of Clay-vessells for the illustration of the glory of his Iustice and power Rom. 9.17 22. 1 Pet. 2.8 Iude v. 4. It is a censuring of God and his unsearchable Wisedome and a condemning of the Almighty of cruelty God avert blasphemy of the unspotted and holy Majesty who by Arminian grounds keepeth the Damned in life and being to be fuell eternally for Tophet to declare the glory of his Iustice. But the Prelate behoved to goe out of his way to salute and gratifie a proclaimed enemy of free Grace Arminius and hence he would inferre That the King wanting his Prerogative Royall and fulnesse of absolute power to doe wickedly is in a penall and miserable condition and that it were better for the King to be a Tyrant with absolute liberty to destroy and save alive at his pleasure as is said of a Tyrant Dan. 5. v. 19. then to be no King at all And here consider a Principle of Royalists Court faith 1. The King is no King but a lame and miserable Iudge if he have not irresistable power to wast and destroy 2. The King cannot be happy nor the people safe nor can the King doe good in saving the needy except he have the uncontrollable and unlimited power of a Tyrant to crush the poore and needy and lay wast the mountaine of the Lords inheritance such Court-ravens who feede upon the soules of living Kings are more cruell then Ravens and Vultures who are but dead carcasses Williams
all that the God of Heaven required to be done for the Religion and house of the God of Heaven and so a generall warrant for a Covenant without the King and yet Ezra and the people in swearing that Covenant failed in no dutie against their King to whom by the fifth Commandment they were no lesse subject then we are to our King just so we are and so have not failed but they say The King hath committed to no Lievtenant and Deputie under him to do what they please in Religion without his Royall consent in particular and the direction of his Clergy seeing he is of that same Religion with his people whereas Artaxerxes was of another Religion then were the Iews and their Governour Answ. Nor can our King take on himself to do what he pleaseth and what the Prelates amongst whom these who ruled all are known before the World and the Sun to be of another Religion then we are pleaseth in particular But see what Religion and Worship the Lord our God and the Law of the Land which is the Kings revealed will alloweth to us that we may swear though the King should not swear it otherwayes we are to be of no Religion but of the Kings and to swear no Covenant but the Kings which is to joyn with Papists against Protestants 6. The strangers of Ephraim and Manasseh and out of Simeon fell out of Israel in abundance to Asa when they saw that the Lord his God was with him 2 Chron. 15.9 10. And sware that Covenant without their own Kings consent their own King being against it If a people may swear a Religious Covenant without their King who is averse thereunto far more may the Nobles Peers and Estates of Parliament do it without their King And here is an example of a practise which the P. Prelate requireth 7. That Jehojadah was Governour and Vice-Roy during the non-age of Joash and that by this Royall Authoritie the Covenant was sworn is a dream to the end he may make the Pope and the Arch-Prelate now Vice-Royes and Kings when the throne varieth The Nobles were Authors of the making of that Covenant no lesse then Iehojadah was yea and the People of the Land when the King was but a childe went unto the house of Baal and brake down his Images c. Here is a Reformation made without the King by the people 8. Grave Expositors say That the Covenant with death and hell Esay 28. was the Kings Covenant with Egypt 9. And the Covenant Hos. 10. is by none exponed of a Covenant made without the King I heard say this Prelate Preaching on this Text before the King exponed it so But he spake words as the Text is falsly The P. Prelate to the end of the Chapter giveth instance of the ill-successe of Popular Reformation because the people caused Aaron to make a Golden Calf and they revolted from Rehoboam to Ieroboam and made two Golden Calves and they conspired with Absolom against David Answ. If the first example make good any thing neither the High-Priest as was Aaron nor the P. Prelate who claimeth to be descended of Aarons house should have any hand in Reformation at all for Aaron erred in that and to argue from the peoples sins to deny their power is no better then to prove Achab Ieroboam and many Kings in Israel and Judah committed Idolatry Ergo They had no Royall power at all In the rest of the Chapter for a whole Page he singeth over again his Mattens in a circle and giveth us the same Arguments we heard before of which you have these three notes 1. They are stoln and not his own 2. Repeated again and again to fill the field 3. All hang on a false supposition and a begging of the question That the people without the King have no power at all QUEST XXVII Whether or no the King be the sole supreme and finall interpreter of the Law THis Question conduceth not a little to the clearing of the doubts concerning the Kings absolute power and the supposed sole nomothetick power in the King And I thinke it not unlike to the question whether the Pope and Romish Church havt a sole and peremptory power of exponing Lawes and the Word of God We are to consider that therr is a twofold exposition of Lawes one speculative in a Schoole way so exquisite Iurists have a power to expone Lawes 2. Practicall in so farre as the sense of the Law falleth under our Practice and this is twofold either private and common to all or judiciall and proper to Iudges and of this last is the question For this Publicke the Law hath one fundamentall rule Salus populi like the King of Planets the Sunne which lendeth Star-light to all Lawes and by which they are exponed whatever interpretation swarveth either from fundamentall Lawes of policy or from the Law of Nature and the Law of Nations and especially from the safety of the publick is to be rejected as a perverting of the Law and therefore Conscientia humani generis the naturall conscience of all men to which the oppressed people may appeale unto when the King exponeth a Law unjustly at his owne pleasure is the last rule on earth for exponing of Lawes Nor ought Lawes to be made so obscure as an ordinary wit cannot see their connexion with fundamentall truths of policy and the safety of the people and therefore I see no inconvenience to say that The Law it selfe is Norma regula juduicandi the Rule and directory to square the Iudge and that the Iudge is the publicke practicall interpreter of the Law Assert 1. The King is not the sole and finall interpreter of the Law 1. Because then inferiour Iudges should not be interpreters of the Law but inferiour Iudges are no lesse essentially Iudges then the Kingâ— Deut. 1.17 2 Chron. 19.6 1 Pet. 2.14 Rom. 13.1 2. and so by Office must interpret the Law else they cannot give sentence according to their conscience and equity now exponing of the Law judicially is an act of judging and so a personall and incommunicable act so as I can no more judge and expone the Law according to another mans conscience then I can beleeve with another mans soule or understand with another mans understanding see with another mans eye The Kings pleasure therefore cannot be the rule of the inferiour Iudges conscience for he giveth an immediate accompt to God the Iudge of all of a just or an unjust sentence Suppone Caesar shall expone the Law to Pilate that Christ deserveth to dye the death yet Pilate is not in conscience to expone the Law so If therefore inferiour Iudges judge for the King they judge only by power borrowed from the King not by the pleasure will or command of the King thus and thus exponing the Law ergo the King cannot be the sole interpreter of the Law 2. If the Lord say not to the King only but also
man to self-defâ—nce 7. The Law of nature excepteth no violence whether inflicted by a magistrate or any other unjust violence from a ruler is twice injustice 1. He doth unjustly as a man 2. As a member of the common-wealth 3. He committeth a speciall kind of sin of injustice against his office but it is absurd to say we may lawfully defend our selves from smaller injuries by the law of nature and not from the greater If the Pope saith Fer. Vasquez illust quest l. 1. c. 24. n. 24 25. command to take away benefices from the just owner these who are to execute his commandement are not to obey but to write back that that mandat came not from his holinesse but from the avarice of his Officers but if the Pope still continue and presse the same unjust Mandat the same should be written againe to him and though there be none above the Pope yet there is naturall self-defence patent for all Defensio vitae nece aria est à jure naturali profluit L. ut vim ff de just jure 16. Nam quod quisque ob tutelam corporis sui fecerit jure fecisse videatur C. jus naturale 1. distinc l. 1. ff de vi vi armata l. injuriarum ff de injuria C. significasti 2. de hom l. scientiam sect qui non aliter ff ad leg Aquil. C. si vero 1. de sent excom l. sed etsi ff ad leg Aquil. etiamsi sequatur homicidium Vasquez l. 1. c. 17. n. 5. etiam occidere licet ob defensionem rerum Vim vi repellere omnia jura permittunt in C. signisicasti Garcias Fortunius Comment in l. ut vim ff de instit jur n. 3. defendere se est juris naturae gentium A jure civili fuit additum moderamen inculpatae tutelae Iac. Novel defens n. 101. Occidens Principem vel alium Tyrannidem exercentem à poena homicidii excusatur Grotius de jure belli pacit l. 2. c. 1. n. 3. Si corpus impetatur vi presente cum periculo vitae non aliter vitabili tunc bellum est licitum etiam cum interfectione periculum inferentis ratio natura quemque sibi commendat Barcl advers Monar l. 3. c. 8. est jus cuilibet se tenendi adversus immanem sevitiam But what ground saith the Royalist is there to take Arms against a King Ielousies and suspitions are not enough Ans. The King sent first an Armie to Scotland and blocked us up by sea before we took Armes 2. Papists were armed in England they have professed themselves in their Religion of Trent to â—e so much the holyer that they root out Protestants 3. The King declared we had broken loyalty to him since the last Parliament 4. He dâ—clared both Kingdoms Rebels 5. Attempted in his Emissaries to destroy the Parliament 6. And to bring in a forraigne enemie And the Law saith An imminent danger which is a sufficient warrant to take up Armes is not strokes but either the terrour of Armour or threatning Glossator in d. l. 1. C. Vnde vi ait non esse verbera expectanda sed vel terrorem armorum sufficere vel minas hoc esse imminens periculum L. Sed si quemcunque in princ ff ad leg Aquil. l. 3. quod qui armati ff de vi vi armata is qui aggressorem C. ad legem C. ad legem Corneli In most hainous sinnes conatus the endeavour and aime etiamsi effectus non sequatur puniri debet is punishable Bartoln in l. Si quis non dicam rapere The King hath aimed at the destruction of his Subjects through the power of wicked counsellors and we are to consider not the intenton of the workes but the nature and intention of the work Papists are in armes their religion the Conspiracy of Trent their conscience if they have any their malice against the covenant of Scotland which abjureth their Religion to the full their ceremonies their Prelates lead and necessitate them to root out the name of Protestant Religion yea and to stab a King who is a Protestant Nor is our King remaining a Protestant and adhering to his oath made at his Coronation in both kingdomes Lord of his own person master of himself nor able as King to be a King over Protestant subjects if the Papists now in armes under his standard shall prevail The King hath been compâ—lled to go against his own oath and the Lawes which he did swear to maintaine The Pope sendeth to his popish armies both dispensations bulls mandats incouragements The King hath made a cessation with the bloody Irish and hath put arms in the hands of Papists Now he being under the oath of God tied to maintain the Protestant Religion he hath a metaphysically subtle pearcing faith of miracles who beleeveth armed Papists and Prelates shall defend Protestants their Religion and these who have abjured Prelats as the lawful sons of the Pope that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and as the law saith Quilibet in dubio praesumitur bonus L. merito praesumi L. non omnes § à Barbaris de re milit Charity beleeveth not ill So Charity is not a foole to beleeve all things So saith the Law Semel malus semper praesumitur malus in eodem genere C. semel malus de jure gentium in 6. Once wicked is alwayes wicked in that kind Marius Salamonius I. C. in L. ut vim atque injuriam ff de just jure We are not to wait on strokes the terrour of armour omnium consensu by consent of all is sufficient n. 3. If I see saith he the enemy take an arrow out of the Quiver before he bend the bow it is lawfull to prevent him with a blow cunctatio est periculosa The Kings comming with armed men to demand the Five Members into the House of Commons is very symbolicall and Warre was printed on that fact he that runneth may reade His comming to Hull with an Armie saith not he had no errand there but aske what it was in the clock See Novellus that learned Venetian Lawyer in a Treatise for defence he maketh continuatam rixam a continued upbraiding a sufficient ground of violent defence He citeth Doctores Comniter in L. ut vim ff de just jure Yea he saith Drunkennesse defens n. 44. Error n. 46. Madnesse n. 49 50. Ignorance n. 51 52. Impudence n. 54. Necessity n. 56. Lasciviousnesse 58. Continuall reproaches 59. The fervour of anger 64. Threatning 66. Feare of imminent danger 67. Iust grief doe excuse a man from homicide and that in these he ought to be more mildly punished Quia obnubilatum mancum est consilium Reason in these being lame and clogged Ambros. l. 1. offic Qui non repellit injuriam à socio cum potest tam est in vitio quam ille quifacit And as Nature so the Law saith When the losses are such as can never be repaired as Death
make unmake Parliaments and all Parliamentary power what more absurd Obj. 1. Symmons Loyall Subj Pag. 57. These phrases 2. Sam. 9.1 When Kings goe forth to warre and Luk. 14.31 What King going forth to warre speak to my conscience that both offensive and defensive warre are in the Kings hand Answ. It is not much to other men what is spoken to any mans conscience by Phrase and customes for by this no States where there be no Kings but government by the best or the people as in Holland or in other Nations can have power of war for what time of yeare shall Kings goe to war who are not Kings and because Christ saith A certaine housholder delivered talents to his servants will this infer to any conscience that none but a housholder may take usurie And when he saith If the good man of the house knew at what houre the thiefe would come he would watch shall it follow the sonne or servant may not watch the house but onely the good man Obj. 2. Ferne pag. 95. The naturall Bodie cannot move but upon naturall Principles and so neither can the Politique Bodie move in Warre but upon Politique reasons from the Prince which must direct by Law Answ. This may well be retorted the Politique Head cannot then move but upon politique reasons and so the King cannot move to wars but by the Law and that is by consent of Parliament and no Law can principle the head to destroy the members 2. If an Armie of cut-throats rise to destroy the Kingdome because the King is in lacking in his place to doe his duty how can the other Judges the States and Paâ—liament be accessorie to murther committed by them in not raising armies to suppresse such robbers Shall the inferiour Judges be guilty of innocent blood because the King will not doe his duty 3. The politique body ceaseth no more to renounce the principles of sinlesse nature in self-defence because it is a politique body and subject to a King then it can leave off to sleep eat and drink and there is more need of politique principles to the one then the other 4. The Parliaments and Estates of both Kingdoms move in these wars by the Kings Lawes and are a formall politique body in themselves Obj. 2. The ground of the present wars against the King saith D. Ferne sect 4. pag. 13. is false to wit that the Parliament is coordinate with the King but so the King shall not be supreme the Parliaments consent is required to an act of supremacie but not to a denyall of that act And there can no more saith Arnisaeus de jure majestatis c. 3. in quo consistat essen majest c. 3. n. 1. and c. 2. an jur majest separ c. n. 2. be two equall and coordinate supreme powers then there can be two supreme Gods and multitudo deorum est nullitas deorum many gods infer no gods Ans. 1. If we consider the fountaine-power the King is subordinate to the Parliament and not coordinate for the constituent is above that which is constituted If we regard the derived and executive power in Parliamentarie acts they make but a totall and compleat soveraigne power yet so as the soveraigne power of the Parliament being habitually and underived a prime and fountaine power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie acts as is cleare in that the Parliament make Kings 2. Make Lawes raise Armies when either the King is minor captived tyrannous or dead but Royall power Parliamentarie without the Parliament is null because it is essentially but a part of the Parliament and can work nothing separated from the Parliament no more then a hand cut off from the body can write and so here we see two supremes coordinate Amongst infinite things there cannot be two because it involveth a contradiction that an infinite thing can be created for then should it be finite but a royall power is essentially a derived and created power and supreme secundum quid onely in relation to single men but not in relation to the Communitie it is alwayes a creature of the communitie with leave of the Royalist 2. It is false that to an act of Parliamentarie supremacie the consent of the King is required for it is repugnant that there can be any Parliamentarie judiciall act without the Parliament but there may be without the King 3. More false it is that the King hath a negative voice in Parliament then he shall be sole Judge and the Parliament the Kings Creator and Constituent shall be a cypher Obj. 3. Arnesaeus de jur Maj. de potest armorum c. 5. n. 4. The People is mad and furious therefore supreme Majestie cannot be secured and Rebels suppressed and publike Peace kept if the power of Armour be not in the Kings hand only Answ. To denude the people of Armour because they may abuse the Prince is to expose them to violence and oppression unjustly for one King may easilier abuse armour then all the people one man may more easily fail then a Community 2. The safety of the people is far to be preferred before the safety of one man though he were two Emperours one in the East another in the West because the Emperour is ordained of God for the good and safety of the people 1 Tim. 2.2 3. There can be no inferiour Judges to bear the sword as God requireth Rom. 13 4. Deut. 1.15 16. 2 Chron. 19.6 7. and the King must be sole Judge if he onely have the sword and all armour monopolized to himselfe Obj. 4. The causes of Warre saith M. Simmons sect 4. pag. 9. should not be made knowne to the Subjects who are to look more to the lawfull call to Warre from the Prince then to the cause of the War Answ. The Parliament and all the Judges and Nobles are Subjects to Royalists if they should make war and shed blood upon blind obedience to the King not inquiring either in causes of Law or faâ—t they must resigne their consciences to the King 2. The King cannot make unlawfull warre to be lawfull by any authority Royall excâ—pt he could raze out the sixt Commandement therefore Subjâ—cts must look more to the causes of Warre then to the authority of the King and this were a faire way to make Parliaments of both Kingdomes set up Popery by the sword and root out the Reformed Religion upon the Kings Authority as the lawfull call to warre not looking to the causes of warre QUEST XXXVII Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them and killing them and â—ndevouring the establishment of Poperie though the King of Scotland should inhibit them MArianus saith one iâ— obliged to help his brother non vinculo efficace not with any efficacious band because in these
of injuries 21. It is false that Presbyteries usurp both swords because they censure sins which the civill Magistrate should censure and punish Elias might be said then to mix himselfe with the civill businesse of the Kingdom because he prophecied against Idolators killing of the Lords Prophets which crime the civill Magistrate was to punish But the truth is the Assembly of Glasgow 1637. condemned the Prelates because they being Pastors would be also Lords of Parliament of Session of Secret Counsell of Exchequer Judges Barons and in their lawlesse High Commission would Fine Imprison and use the sword 22. It is his ignorance that he saith A provinciall synod is an associate body chosen out of all judiciall Presbyteries for all Pastors and Doctors without delegation by vertue of their place and office repaire to the Provinciall Synods and without any choice at all consult and voice there 23. It is a lye That some Leading men rule all here indeed Episcopall men made factions to rent the Synods and though men abuse their power to factions this cannot prove that Presbyteries are inconsistent with Monarchie for then the Prelate the Monarch of his Diocesian rout should be Anti-Monarchiall in a higher manner for he ruleth all at his will 24. The prime men as Mr. R. Bruce the faithfull servant of Christ was honoured and attended by all because of his Suffering Zeal Holinesse his fruitfull Ministery in gaining many thousand souls to Christ So though King James cast him off and did swear By Gods name he intended to be King the Prelate maketh Blasphemy a vertue in the King yet King James sware he could not find an honest Minister in Scotland to be a Bishop and therefore he was necessitated to promote false knaves but he said sometimes and wrote it under his hand that Mr. R. Bruce was worthy of the half of his kingdom but will this prove Presbyteries inconsistent with Monarchies I should rather think that Knave Bishops by King James his judgement were inconsistent with Monarchies 25. His lyes of Mr. R. Bruce excerpted out of the lying Manuscript of Apostat Spotswood in that he would not but preach against the Kings recalling from exile some Bloody Popish Lords to undo all are nothing comparable to the Incests Adulteries Blasphemies Perjuries Sabbath-breaches Drunkennesse Prophanity c. committed by Prelates before the Sun 26. Our Generall Assembly is no other then Christs Court Act. 15. made up of Pastors Doctors and Brethren or Elders 27. They ought to have no negative vote to impede the conclusions of Christ in his servants 28. It is a lye that the King hath no power to appoint time anâ— place for the Generall Assembly but his power is not privative to destroy the free Courts of Christ but accumulative to ayd and assist them 29. It is a lye That our generall Assembly may repeal Laws command and expect performance of the King or then excommunicate subject to them force compell King Judges and all to submit to them They may not force the conscience of the poorest begger nor is any Assembly infallible nor can it lay bounds upon souls of Iudges which they are to obey with blind obedience their power is ministeriall subordinate to Christs Law and what civill Laws Parliaments make against Gods word they may Authoritatively declare them to be unlawfull as though the Emperour Act. 15. had commanded Fornication and eating of blood might not the Assembly forbid these in the Synod I conceive the Prelates if they had power would repeal the Act of Parliament made An. 1641. in Scotland by his Majestie personally present and the three Estates concerning the anulling of these Acts of Parliament and Laws which established Bishops in Scotland Eâ—g Bishops set themselves as independent Monarchs above Kings and Laws and what they damne in Presbyteries and Assemblies that they practise themselves 30. Commissioners from Burroughs and Two from Edinbrough because of the largenesse of that Church not for Cathedrall supereminence sit in Assemblies not as sent from Burroughs but as sent and Authorized by the Church Session of the Burrough and so they sit there in a Church capacity 31. Doctors both in Accademies and in Parishes we desire and our Book of Discipline holdeth forth such 32. They hold I beleeve with warrant of Gods word if the King refuse to reform Religion the inferior Iudges and Assembly of Godly Pastors and other Church Officers may reform if the King will not kisse the Sun and do his duty in purging the House of the Lord may not Eliah and the people do their duty and cast out Baals Priests Reformation of Religion is a personall act that belongeth to all even to any one private person according to his place 33. They may swear a Covenant without the King if he refuse and Build the Lords House 2 Chron. 15.9 themselves and relieve and defend one another when they are oppressed For my acts and duties of defending my self and the oppressed do not tye my conscience conditionally so the King consent but absolutely as all duties of the Law of nature doe Jer. 22.3 Prov. 24.11 Esa. 58.6 Esa. 1.17 34. The P. P. condemneth our Reformation because it was done against the will of our Popish Queen This sheweth what estimation he hath of Popery and how he abhorreth Protestant Religion 35. They deposed the Queen for Her Tyranny but Crowned her Son all this is vindicated in the following Treatise 36. The killing of the monstrous and prodigious wicked Cardinall in the Castle of St. Andrews and the violence done to the Prelates who against all Law of God and man obtruded a Masse service upon their own private motion in Edinbrough An. 1637. can conclude nothing against Presbyteriall Government except our Doctrine commend these acts as lawfull 37. What was preached by the servant of Christ whom p. 46. he calleth the Scottish Pope is Printed and the P. P. durst not could not cite any thing thereof as Popish or unsound he knoweth that the man whom he so slandereth knocked down the Pope and the Prelates 38. The making away the fat Abbacies and Bishopricks is a bloody Heresie to the earthly minded Prelate the Confession of Faith commended by all the Protestant Churches as a strong bar against Popery and the book of Discipline in which the servants of God laboured twenty yeares with fasting and praying and frequent advice and counsell from the whole Reformed Churches are to the P. P. a negative faith and devote imaginations it s a lye that Episcopacie by both sides was ever agreed on by Law in Scotland 39. And was it a heresie that M. Melvin taught that Presbyter and Bishop are one function in Scripture and that Abbots and Priors were not in Gods book dic ubi legis and is this a proof of inconsistency of Presbyteries with a Monarchie 40 It is a heresie to the P. P. that the Church appoynt a Fast when King James appoynted an unseasonable
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 noâ— 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 obligatory in Law p. 234 235. Royalists confesse a Tyrant in exercise may be dethroned p. 235 236. How the people is the seat of the power of Soveraigntie p. 239 240. The place Psal. 51. Against thee onely have I sinned c. discussed p. 241 242. Israels not rising in arms against Pharaoh examined p. 245 246 247 248 249. And Judahs not working their own deliverance under Cyrus p. 248 249. A Covenant without the Kings concurrence lawfull p. 249 250 251. QUEST XXVII Whether or no the King be the sole supreme and finall Interpreter of the Law Negatur p. 252. He is not the supreme and peremptor
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 contracters 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 Arnisaeuâ— 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 this 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 oblâ—geth 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 sinneth 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 but to God But the contrary is true Beside the King and the Peoples covenant with the Lord King Joash made another covenant with the People and Jehoiada the Priest was only a witnesse or one who in Gods name performed the rite of annointing otherwise he was a subject on the peoples side obliged to keep allegiance to Joash as to his Soveraigne and Master But certainly who ever maketh a covenant with the people promising to governe them according to Gods word and upon that condition and these termes receiveth a throne and crown from the people he is obliged to what he promiseth to the people Omnis promittens facit alteri cui promissio facta est jus in promittentem Who ever maketh a promise to another giveth to that other a sort of right or jurisdiction to challenge the promise The covenant betwixt David and Israel were a shadow if it tye the people to allegiance to David as their King and if it tye not David as King to govern them in righteousnesse but leave David loose to the people and only tye him to God then it is a covenant betwixt David and God only But the Text saith It is a covenant betwixt the King and the People 2 King 11.17 2 Sam. 5.3 Hence our second Argument He who is made a minister of God not simply but for the good of the subject and so he take heed to walk in Gods law as a King and governe according to Gods will he is in so far only made King by God as he fulfilleth the condition and in so far as he is a minister for evill to the subject and ruleth not according to that which the book of the Law commandeth him as King in so far he is not by God appointed King and Ruler and
will not execute the judgement of the Lord Those who made him supreme Magistrate under God who have under God soveraigne libertie to dispose of crownes and kingdomes are to execute the judgement of the Lord when wicked men make the law of God of none effect 1 Sam. 15.32 so Samuel killed Hagage whom the Lord expresly commanded to be killed because Saul disobeyed the voyce of the Lord. I deny not but there is necessitie of a cleere warrant that the Magistrate neglect his duty either in not conveening the States or not executing the judgement of the Lord. 3. I see not how the conveening of a Parliament is extraordinarie to the States for none hath power ordinary when the King is dead or when he is distracted or captive in another land to conveene the Estates and Parliament but they only and in their defect by the law of Nature the people may conveene But 4. If they be essentially Iudges no lesse then the King as I have demonstrated to the impartiall Reader in the former Chapter I conceive though the State make a positive law for Orders cause that the King ordinarily conveene Parliaments Yet if we dispute the matter in the court of Conscience the Estates have intrinsecally because they are the Estates and essentially Iudges of the Land ordinary power to conveene themselves 1. Because when Moses by Gods rule hath appointed seventie men to be Catholike Iudges in the Land Moses upon his sole pleasure and will hath not power to restraine them in the exercise of judgment given them of God for as God hath given to any one Iudge power to judge righteous judgement though the King command the contrary so hath he given to him power to sit down in the gate or the bench when and where the necessitie of the oppressed people calleth for it For 1. the expresse commandement of God which saith to all Iudges Execute judgement in the morning involveth essentially a precept to all the Physicall actions without which it is impossible to execute judgement As namely if by a divine precept the Iudge must execute judgement ergo he must come to some publique place and he must cause partie and witnesses come before him and he must consider cognosce examine in the place of judgement things persons circumstances and so God who commandeth positive acts of judgeing commandeth the Iudges locomotive power and his naturall actions of compelling by the sword the parties to come before him even as Christ who commandeth his servants to preach commandeth that the Preacher and the People goe to Church and that he stand or sit in a place where all may heare and that he give himselfe to reading and meditating before he come to preach And if God command one Iudge to come to the place of judgement so doth he command seventie and so all Estates to conveen in the place of judgement It is objected That the Estates are not Iudges ordinary and habitually but only Iudges at some certaine occasions when the King for cogent and weighty causes calleth them and calleth them not to judge but to give him advise and counsell how to judge Ans. 1. They are no lesse Iudges habitually then the King when the common affaires of the whole Kingdome necessitateth these Publique Watchmen to come together for even the King judgeth not actually but upon occasion 2. This is to beg the question to say that the Estates are not Iudges but when the King calleth them at such and such occasions for the Elders Princes and Heads of families and Tribes were Iudges ordinarie because they made the King And 2. the Kingdome by God yea and Church Iustice and Religion so far as they concerne the whole Kingdome are committed not to the keeping of the King only but to all the Iudges Elders and Princes of the Land And they are rebuked as evening wolves lyons oppressors Ezech. 22.27 Zaca 3.3 Esa. 3.14 15. Mic. 3.1 2 3. when they oppresse the people in judgement So are they Deut. 1.15 16 17. 2 Chron. 19.6 7. made Iudges and therefore they are no more to be restrained not to conveene by the Kings power which is in this accumulative and auxiliarie not privative then they can be restrained in judgement and in pronouncing such a sentence as the King pleased and not such a sentence Because as they are to answer to God for unjust sentences so also for no just sentences and for not conveening to judge when Religion and Iustice which are fallen in the streets calleth for them 3. As God in a law of nature hath given to every man the keeping and selfe-preservation of himselfe and of his brother Cain ought in his place to be the keeper of Abel his brother So hath God committed the keeping of the Commonwealth by a positive law not to the King only because that is impossible Num. 11.14 17. 2 Chron. 19.1 2 3 4 5 6. 1 Chron. 27. 4. If the King had such a power as King and so from God he should have power to breake up the meeting of all Courts of Parliament Secret Councell and all inferior Iudicatures And when the Congregation of gods as Ps. 82. in the midst of which the Lord standeth were about to pronounce just judgement for the oppressed and poere they might be hindred by the King and so they should be as just as the King maketh them and might pervert judgement and take away the righteousnesse of the righteous from him Esa. 5.23 because the King commandeth And the cause of the poore should not come before the Iudge when the King so commandeth And shall it excuse the Estates to say We could not judge the cause of the poore nor crush the Priests of Baal and the idolatrous Masse-Preltes because the King forbad us So might the King breake up the meeting of the Lords of Session when they were to decerne that Naboths vineyard should be restored to him and hinder the States to represse Tyranny And this were as much as if the States should say We made this man our King and with our good will we agree he shall be a Tyrant For if God gave it to him as a King we are to consent that he enjoy it 5. If Barclay and other flatterers have leave to make the Parliament but Counsellers and Advisers of the King and the King to be the only and sole Iudge 1. The King is by that same reason the sole Iudge in relation to all Iudges the contrary whereof is cleere Num. 11.16 Deut 1.15 16 17. 2 Chron. 19.6 Rom. 13.1 2. 1 Pet. 2.13 14. Yea but say they the King when he sendeth an Ambassadour he may tye him to a written Commission and in so far as he exceedeth that he is not an Ambassadour and cleare it is that all inferiour Iudges 1 Pet. 2.13 14. are but sent by the King ergo they are so Iudges as they are but messengers and are to adhere to the Royall pleasure of the Prince that
only from this fountaine because the People have transferred their power to the King Lib. 1. digest tit 4. de constit Princip leg 1. sic Vlpian Quod Principi placuit loquitur de Principe formaliter qua Princeps est non qua est homo legis habet vigorem utpote cum lege Regia quae de imperio ejus lata est populus ei in eum omne suum imperium potestatem conferat Yea the Emperour himselfe may be conveened before the Prince Elector Aurea Bulla Carol. 4. Imper c. 5. The King of France may be conveened before the Senate of Paris The States may resist a Tyrant as Bossius saith de Principe privileg jus n. 55. Paris de puteo iu tract syno tit de excess Reg. c. 3. Divines acknowledge that Elias rebuked the halting of Israel betwixt God and Baal that their Princes permitted Baals Priests to converse with the King And is not this the sinne of the Land that they suffer their King to worship Idols and therefore the Land is punished for the sinnes of Manasseh as Knox observeth in his Dispute with Lethington where he proveth that the States of Scotland should not permit the Queen of Scotland to have her abominable Masse Hist. of Scotland l. 4. p. 379. edit an 1644. Surely the power or Sea-Prerogative of a sleepie or mad Pilot to split the ship on a rock as I conceive is limited by the Passengers Suppose a father in a distemper would set his own house on fire and burne himselfe and his ten sonnes I conceive his Fatherly prerogative which neither God nor Nature gave should not be looked to in this but they may binde him Yea Althusius polit c. 39. n. 60. answering that That in Democracie the people cannot both command and obey saith It is true secundum ideus ad idem eodem tempore But the people may saith he choose Magistrates by succession Yea I say 1. they may change Rulers yearely to remove envie A yearely King were more dangerous the King being almost above envie Men incline more to flatter then to envie Kings 2. Aristotle saith polit l. 4. c. 4. l. 6. c. 2. The people may give their judgement of the wisest Obj. Williams B. of Ossorie Vindic. Reg. A Looking-glasse for Rebels saith p. 64. To say the King is better than any one doth not prove him to be better then two and if his supremacie be no more then any other may challenge as much for the Prince is singulis major A Lord is above all Knights a Knight above all Esquires and so the People have placed a King under them not above them Ans. The reason is not alike for all the Knights united cannot make one Lord and all the Esquires united cannot make one Knight but all the People united made David King at Hebron 2. The King is above the people by eminencie of derived authoritie as a Watchman and in actuall supremacie and he is inferior to them in fountaine-power as the effect to the cause Object 2. The Parliament saith Williams may not command the King Why then make they supplications to him if their Vote be a Law Ans. They supplicate ex decentia of decencie and connveniencie for his place as a Citie doth supplicate a Lord Major but they supplicate not ex debito of obligation as beggars seeke almes then should they be cyphers 2. When a Subject oppressed supplicateth his Soveraigne for justice the King is obliged by office to give justice And to heare the oppressed is not an act of grace and mercie as to give almes though it should proceed from mercie in the Prince Psal. 72.13 but an act of Royall debt 3. The P. Prelate objecteth The most you claime to Parliaments is a coordinate power which in law and reason run in equall tearmes In Law par in parem non habet imperium an equall cannot judge an equall much lesse may an inferiour usurpeto judge a superiour Our Lord knew gratiâ visionis the woman taken in adulterie to be guilty bat he would not sâ—ntence her to teach us not improbably not to be both Judge and Witnesse The Parliament are Judges accusers and witnesses against the King in their owne cause against the Imperiall lawes Ans. 1. The Parliament is coordinate ordinarily with the King in the power of making Lawes but the coordination on the Kings part is by derivation on the Parliaments part originaliter fontaliter as in the fountaine 2. In ordinarie there is coordination but if the King turne Tyrant the Estates are to use their fountaine-power And that of the Law Par in parem c. is no better from his Pen that stealeth all he hath then from Barclaius Grotius Arnisaeus Blackwood c. It is cold and sowre We hold the Parliament that made the King at Hebron to be above their own creature the King Barclaius saith more acurately l. 5 cont Monarch p. 129. It is absurd that the People should both be subject to the King and command the King also Ans. It is not absurd that a Father naturall as a private man should be subject to his Sonne even that Jesse and his elder brother the Lord of all the rest be subject to David their King Royalists say Our late Queen being supreme Magistrate might by Law have put to death her own husband for adulterie or murther 2. The Parliament should not be both Accuser Iudge and Witnesse in their own cause 1. It is the Cause of Religion of God of Protestants and of the whole people 2. The oppressed accuse there is no need of Witnesses in raising armes against the Subjects 3. The P. Prelate could not object this if against the Imperiall laws the King were both Partie and Iudge in his own cause and in these acts of arbitrarie power which he hath done through bad counsell in wronging Fundamentall lawes raising armes against his subjects bringing in forraigne enemies into both his Kingdomes c. Now this is properly the cause of the King as he is a man and his owne cause not the cause of God and by no Law of nature reason or Imperiall Statutes can he be both Iudge and party 4. If the King be sole supreame Iudge without any fellow sharers in power 1. He is not obliged by Law to follow Counsell or hold Parliaments for Counsell is not Command 2. It is unpossible to limit him even in the exercises of his power which yet Dr. Ferne saith cannot be said for if any of his power be retrinched God is robbed saith Maxwell 3. He may by Law play the Tyrant gratis Ferne objecteth § 7. pag. 26. The King is a fundamentall with the Estates now foundations are not to be stirred or removed Ans. The King as King inspired with Law is a fundamentall and his power is not to be stirred but as a man wasting his people he is a destruction to the house and community and not a
an Arbitrary Prince if he cannot over flie all Laws to the subversion of the Fundamentalls of a State if you make him as you do 1. One who hath the sole Legislative power who allanerly by himself maketh Laws and his Parliament and Councell are onely to give him advice which by Law he may as easily reject as they can speak words to him He may in one transient act and it is but one cancell all Laws made against idlolatry and Popery and command through bad Counsell in all his Dominions the Pope to be acknowledged as Christs Vicar and all his doctrine to be established as the Catholike true Religion It is but one transient act to seal a pardon to the shedding of the blood of two hundred thousand killed by Papists 2. You make him a King who may not be resisted in any case and though he subvert all Fundamentall Laws he is countable to God onely his people have no remedy but prayers or flight Object 3. Ferne. Limitations and mixtures in Monarchies do not imply a forceable restraining power in subjects for the preventing of the dissolution of the State but onely a legall restraining power and if such a restraining power be in the subjects by reservation then it must be expressed in the constitution of the Government and in the Covenant betwixt the Monarch and his people but such a condition is unlawfull which will not have the Soveraign power secured is unprofitable for King and people a seminary for seditions and jealousies Answ. I understand not a difference betwixt forceable restraining and legall restraining For he must mean by legall mans Law because he saith It is a Law in the Covenant betwixt the Monarch and his people Now if this be not forceable and physicall it is onely Morall in the conscience of the King and a Cypher and a meer vanitie for God not the people putteth a restraint of conscience on the King that he may not oppresse his poor subjects but he shall sin against God that is a poor restraint the goodnesse of the King a sinfull man inclined from the womb to all sin and so to Tyranny is no restraint 2. There 's no necessitie that the reserve be expressed in the Covenant between King and people more then in contract of marriage between a husband and a wife beside her joynter you should set down this clause in the contract that if the husband attempt to kill the wife or the wife the husband in that case it shall be lawfull to either of them to part companies For Doct. Ferne saith That personall defence is lawfull in the people if the Kings assault be 1. Suddain 2. Without colour of Law 3. Inevitable Yet the reserve of this power of defence is not necessarily to be expressed in the contract betwixt King and people Exigences of the Law of nature cannot be set down in positive Covenants they are presupposed 3. He saith A reservation of power whereby soveraigntie is not secured is unlawfull Lend me this Argument The giving away of a power of defence and a making the King absolute is unlawfull because by it the people is not secured but one man hath thereby the sword of God put in his hand whereby ex officio he may as King cut the throats of thousands and be countable to none therefore but to God onely now if the non-securing of the King make a condition unlawfull the non-securing of a Kingdom and Church yea of the true religion which are infinitely in worth above one single man may far more make the condition unlawfull 4. A legall restraint on a King is no more unprofitable and a seminary of jealousies between King and people then a legall restraint upon people for the King out of a non-restraint as out of seed may more easily educe tyranny and subversion of religion If outlandish women tempt even a Solomon to idolatry as people may educe sedition out of a legall restraint laid upon a King to say nothing that Tyranny is a more dangerous sin then sedition by how much more the lives of many and true religion are to be preferred to the safetie of one and a false peace Object 4. An absolute Monarch is free from all forceable restraint and so far as he is absolute from all legall restraint of positive Laws now in a limited Monarch there is onely sought a legall restraint and limitation cannot infer a forceable restraint for an absolute Monarch is limited also not by civill compact but by the Law of nature and nations which he cannot justly transgresse if therefore an absolute Monarch being exorbitant may not be resisted because he transgresseth the Law of nature how shall we think a limited Monarch may be resisted for transgressing the bounds set by civill agreement Answ. A legall restraint on the people is a forceable restraint For if Law be not backed with force it is onely a Law of rewarding weldoing which is no restraint but an incouragement to do evil If then there be a legall restraint upon the King without any force it is no restraint but onely such a request as this Be a just Prince and we will give your Majestie two Subsidies in one yeer 2. I utterly deny that God ever ordained such an irrationall creature as an absolute Monarch If a people unjustly and against natures dictates make away irrevocably their own libertie and the libertie of their posteritie which is not their's to dispose off and set over themselves as base slaves a sinning creature with absolute power he is their King but not as he is absolute and that he may not be forceably resisted notwithstanding the subjects did swear to his absolute power which oath in the point of absolutenesse is unlawfull and so not obligatory I utterly deny 3. An absolute Monarch saith he is limited but by Law of nature That is Master Doctor he is not limited as a Monarch not as an absolute Monarch but as a son of Adam he is under the limites of the Law of nature which he should have been under though he had never been a King all his dayes but a slave But what then Therefore he cannot be resisted Yes Doctor by your own grant he can be resisted If he invade an innocent subject say you 1. Suddenly 2. Without colour of Law 3. Inevitably And that because he transgresseth the Law of nature 4. You say a limited Monarch can lesse be resisted for transgressing the bounds set by civill agreement But 1. What if the thus limited Monarch transgresse the Law of nature and subvert Fundamentall Lawes he is then you seem to say to be resisted it is not for simple transgression of a civill agreement that he is to be resisted 2. The limited Monarch is as essentially the Lords anointed and the power ordained of God as the absolute Monarch Now resistance by all your grounds is unlawfull because of Gods power and place conferred upon him not because of mens
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 is a power and we are not to distinguish where the Law distinguisheth not Ans. The Law clearely distinguisheth we are to obey Parents in the Lord and if Nero command Idolatry this is an excessive power are we obliged to obey because the Law distinguisheth not 2. The text saith we are to obey every power 1. from God 2. That is Gods ordinance 3. by which the man is a Minister of God for good but an unjust and excessive power is none of these three 3. The text in words distinguisheth not obedience active in things wicked and lawfull yet we are to distinguish Mr. Symmons Is authoritie subjected solely in the Kings Law and no whit in his Person though put upon him both by God and Man Or is Authoritie only the subject and the Person exercising the Authoritie a bare accident to that being in it only more separably as pride and folly are in a man Then if one in Authoritie command out of his own Will and not by Law if I neithr actively nor passively obey J doe not so much as resist abused Authoritie and then must the Prince by his disorderly Will have quite lost his authoritie and become like another man and yet his Authoritie has not fled from him Ans. If we speake acurately neither the Man solely nor his Power only is resisted but the Man clothed with lawfull habituall power is resisted in such and such acts flowing from an abused power 2. It is an ignorant speech to ask Is Authoritie subjected solely in the Kings Law and no whit in his Person for the Authoritie hath all its power by Law not from the Mans person The Authoritie hath nothing from the Person but a naked inherencie in the Person as in the subject and the Person is to be honored for the Authoritie not the Authoritie for the Person 3. Authoritie is not so separable from the person as that for every act of lawlesse Will the King loseth his Royall authoritie and ceaseth to be King no but every act of a King in so far can claime subjection of the inferiour as the act of commanding and ruling hath law for it and in so far as it is lawlesse the Person in that act repugnant to Law loseth all due claime of actuall subjection in that act and in that act power actuall is losed as is cleare Act. 4.19 5.29 The Apostles say to Rulers It is safer to obey God than Men. What were not these Rulers lawfull Magistrates armed with power from God I answer habitually they were Rulers and more then men and to obey them in things lawfull is to obey God But actually in these unlawfull commandements especially being commanded to speake no more in the name of Iesus the Apostles doe acknowledge them to be no more but Men and so their actuall authoritie is as separable from the person as pride and folly from men Symmons The distinction holdeth good of inferior Magistrates That they may be considered as Magistrates and as Men because their authoritie is only sacred and addeth veneration to their persons and is separable from the person The Man may live when his Authoritie is extinguished but it holdeth not in Kings King Sauls person is venerable as his authoritie and his authoritie commeth by inheritance and dyeth and liveth inseparably with his person and Authoritie and Person adde honour each one to another Ans. 1. If this be true Manasseh a King did not shed innocent blood and use â—orcerie he did not these great wickednesses as a man but as a King Salomon played the Apostate as a King not as a man if so the man must make the King more infallible then the Pope for the Pope as a man can erre as a Pope he cannot erre say Papists But Prophets in their persons were anoynted of God as Saul and David were then must we
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 saith 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-murdâ—r in the culpable omission of sâ—lf-defence Now a private man may flie and that is his second necessity and violâ—nt 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 flight is not possible and cannot attaine the end as in the case of David if flight 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 flight 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 flight 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 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 Protestants 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 Lâ—t not any object 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 whole Protestants in the three kingdomes according to Royalists Doctrine are to leave thâ—ir 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 when 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. 9 6. 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 use 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 necessâ—ry 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 thrâ—atten a King then to put hands on him and rather kill or be killed by
Mutilation lâ—sse of Chastity Quoniam facta infecta fieri nequeunt things of that kinde once done can never be undone we are to prevent the enemy l. Zonat. tract defens par 3. l. in bello § factae de capit notat Gloss. in l. si quis provocatione If the King send an Irish Rebell to cast me over a bridge and drowne me in a water I am not to do nothing while the Kings emissary first cast me over and then in the next room I am to defend my self but nature and the law of self-defence warranteth me if I know certainly his ayme to horse him first over the bridge and then consult how to defend my sâ—lfe at my own leasure Royalists object that David in his defence never invaded and persecuted Saul yea when he came upon Saul and his men sleeping hee would not kill any but the Scottish and Parliaments Forces not onely defend but invade offend kill and plunder and this is cleerely an offensive not a defensive warre Answ. There is no defensive warre different in spece and nature from an offensive warre if we speake physically they differ onely in the event and intention of the heart and it is most cleare that the affection and intention doth make one and the same action of taking away the life either homicide or no homicide If a man out of hatred deliberatâ—ly take away his brothers life he is a murtherer catenus but if that same man had taken away that same brothers life by thâ—â—lying off oâ— an Axe heâ—d ofâ— the staffe while he was hewing timber he neither hating him before nor intending to hurt his brother he is no murtherer by Gods expresse Law Deut. 4.42 Deut. 19 4. Ioshua 20.5 2. The cause betweene the King and the two Parliaments and betweene Saul and David are so different in this as it is much for us Royalists say David might if he had seene offending to conduce for sâ—lfe-preservation have invaded Sauls men and say they the case was extraordinary and bindeth not us to selfe-defence and thus they must say for offensive weapons such as Goliahs sword and an hoast of armed men cannot by any rationall men be assumed and David had the wisdome of God but to offend if providence should so dispose and so what was lawfull to David is lawfull to us in self-defence he might offend lawfully and so may we 2. If Saul and the Philistims ayming as under an oath to set up Dagon in the land of Israel should invade David and the Princes and Elders of Israel who made him King and if David with an hoast of armed men he and the Princes of Israel should come in that case upon Saul and the Philistims sleeping if in that case David might not lawfully have cut oft the Philistims and as he defended in that case Gods Church and true Religion if he might not then have lawfully killed I say the Philistims I remit to the conscience of the Reader Now to us Papists and Prelates under the Kâ—nâ—s banner are Philistims introducing the Idolatry of Bread-worship and Popery as hatefull to God as Dagon-worship 3. Saul intended no arbitrary government nor to make Israel a conquered people nor yet to cut off all that professed the true worship of God nor came Saul against these Princes Elders and people who made him King only Davids head would have made Saul lay downe Arms but Prelates and Papists and Malignants under the King intâ—nd to make the Kings sole will a Law to destroy the Court of Parliament which putteth Lawes in execution against their Idolatry and their ayme is that Protestants be a conquered people and their attempt hath been hitherto to blow up King and Parliament to cut off all Protestants and they are in Armes in divers parts of the Kingdome against the Princes of the Land who are no lesse Judges and deputies of the Lord then the King himselfe and would kill and do kill plunder and spoyle us if we kill not them And the case is every way now betweene Armies and Armies as betweene a single man unjustly invaded for his life and an unjust invader neither in a naturall action such as is self-defence is that of policy to be urged none can be Judge in his owne cause when oppression is manifest one may be both agent and patient as the fire and water conflicting there is no need of a judge a community casts not off nature when the judge is wanting nature is judge actor accused and all Lastly no man is Lord of his owne members of his body m. l. liber homo ff ad leg Aqui. nor Lord of his owne life but is to be accountable to God for it QUEST XXXII Whether or no the lawfulnesse of defensive warres hath its warrant in Gods word from the example of David Elisha the eighty Priests who resisted Uzziah c DAvid defended himselfe against King Saul 1. by taking Goliahs sword with him 2. by being Captaine to six hundred men yea it is more then cleare 1 Chron. 12. that there came to David a hoast like the hoast of God v. 22. to help against Saul exceeding foure thousand v. 36. Now that this hoast came warrantably to help him against Saul I prove 1. because it is said ver 1. Now these are they that came to David to Ziglag while he kept himselfe close because of Saul the son of Kish and they were amongst the mighty men helpers of the warre and then so many mighty Captains are recâ—oâ—ed out v. 16. There came of the children of Benjamin and Iudah to the hold of David v. 19. And there fell some of Manasseh to David 20. As he went to Ziglag there fell to him of Manasseh Kenâ—h and Jozabad Jediel and Michael and Jozabad and Elihu and Zilthai Captaines of the thousands that were of Manasseh 21. And they helped David against the band of the rovers 22. At that time day by day there came to David untill it was a great hoast like the hoast of God Now the same expression that is ver 1. where it is said they came to help David against Saul which ver 1. is repeated ver 16. ver 19 20 21 22 23. 2. That they warrantably came is evident because 1. the Spirit of God commendeth them for their valor and skill in war ver 2. ver 8. ver 15. ver 21. which the Spirit of â—od doth not in unlawfull wars 2. Because Amasai v. 18. The Spirit of the Lord comming on him saith Thine are we David and on thy side thou son of Jesse peace peace unto thee and peace to thy helpers for thy God helpeth thee The Spirit of God inspireth no man to pray peace to those who are in an unlawfull warre 3. That they came to Davids side onely to be sufferers and to flee with David and not to pursue and offend is ridiculous 1. It is said ver 1. They came to David to Ziglag while he kept himselfe close
Cavalliers and Irish cut-throats except you say inferiour Judges are not obliged to execute judgement but at the Kings commandment Object As the Irish Rebels are armed with the Kings power they are superiour to the Parliament Answ. So an Armie of Turks and Spaniards armed with the Kings power and comming against the two Kingdomes at the Kings commandement though they be but Lictors in a lawlesse cause are superiour to the highest Courts of Parliament in the two Kingdomes But the King and the Law gave power to the Parliament first to resist Rebels now he giveth power to Rebels to resist the Parliament here must be contradictory wils and contradictory powers in the King Which of them is the Kings will and his power the former is legall and Parliamentary Then because Law is not contrary to Law the latter cannot be legall also nor can it be from God and to resist it then is not to resist God Object 13. If resistance bee restrained to legall commandements What shall we say to these arguments that Paul forbiddeth resistance under these tyrannous governours and that from the end of their government which is for good and which their subjects did in some sort enjoy under them Answ. 1. This proveth nothing but that we are to cooperate with these governours though tyrannous by subjecting to their Laws so farre as they come up to this end the morall good and peace of their government but Paul no where commandeth absolute subjection to tyrannous governours in tyrannous actâ— which is still the question Object 14. Hee that hath the supreme trust next to God should have the greatest security to his person and power but if resistance be lawfull he hath a poore security Answ. He that hath the greatest trust should have the greatest security to his person and power in the â—â—eping his power and using it according to his trust for its owne native end for justice peace and godlinesse God alloweth security to no man nor that his Angels shall guard them but onâ—ly when they are in their wayes and the service of God else There is no peace to the wicked 2. It is denyed that one man having the greatest trust should have the greatest security the Church and people of God for whose safety he hath the trust as a meanes for the end should have a greater security the City ought to have greater security then the watchers the Armie then the leaders The good Shepherd giveth his life for his sheepe 3. A power to doe ill without resistance is not security Object 15. If God appoint Ministers to preach then the sheep cannot seeke safety elsewhere Ergo. Answ. The wife is obliged to bed and board with her husband but not if she feare he will kill her in the bed The obedience of positive duties that subjects owe to Princes cannot loose them from Natures law of self-preservation nor from Gods Law of defending Religion against Papists in Armes nor are the sheep obliged to intrust themselves but to a saving shepherd Object 16. If self-defence and that by taking up Armes against the King he an unlawfull duty how is it that you have no practise no precept no promise for it in all the word of God 1. You have no practise Ahab sold himselfe to do evill he was an Idolater and killed the Prophets and his Queene a bloody Idolatresse stirred him up to great wickednesse Elias had as great power with the people as you have yet hee never stirred up the people to take Armes against the King Why did God at this time rather use an extraordinary meanes of saving his Church Arnisaeus de autho Princ. c. 8. but Elias only fled Nebuchadnezer Ahab Manassah Julian were Tyrants and Idolaters the people never raised an Armie against them B. Williams of Ossorie p. 21. Deut. 14. If brother son daughter wife or friend intice thee to follow strange gods kill them not a word of the father Children are to love Fathers not to kill them Christ saith John P.P. in the cradle taught by practise to flee from Herod and all Christs acts and sufferings are full of mysteries and our instructions Hee might have had legions of Angels to defend him but would rather worke a miracle in curing Malchus eare as use the sword against Caesar If Sectaries give us a new Creed it will concerne them neere with expunging Christs descent into hell and the communion of Saints to raze out this He suffered under Pontius Pilate My resolution is for this sin of yours to dissolve in teares and Prayers and with my Master say daylie and hourely Father forgive them c. Christ thought it an uncouth spirit to call for fire from heaven to burne the Samaritans because they refused him lodging 2. The Prophets cried out against Idolatry blasphemy murther adultery c. and all sins never against the sin of neglect and murtherous omission to defend Church and Religion against a tyrannous King 3. No promise is made to such a rebellious insurrection in Gods word Answ. It is a grâ—at non-consâ—quence this duty is not practised by any examples in Gods word Ergo. It is no duty Practice in Scripture is a narrow rule of faith Shew a practice when a husband stoned his wife because she inticed him to follow strange Gods Yet it is commanded Deut. 13.6 when a man lying with a beast is put to death Yet it is a Law Exod. 22.19 infinite more Lawes are the practise of which we finde not in Scripture 2. Iehu and the Elders of Israel rooted out Ahabs posterity for their Idolatry and if Iehu out of sincerity and for the zeale of God had done what God commanded he should have beene rewarded for say that it was extraordinary to Iehu that he should kill Ahab yet there was an expresse Law for it that he that stirreth up others to Idolatry should die the death Deut. 13.6 and there is no exception of King or Father in the Law and to except father or mother in Gods matters is expresly against the zeale of God Deut. 33.9 And many grave Divines think the people to be commended in making Iehu King and in killing King Nabad and smiting all the house of Iereboam for his Idolatry they did that which was a part of their ordinary duty according to Gods expresse Law Deut. 13.6 7 8 9. though the facts of these men be extraordinary 3. Ahab and Iezabelâ—aisâ—d â—aisâ—d not an Armie of Idolaters Malignants such as are Papists Prelates and Cavalliers against the three Estates to destroy Parliaments Lawes and Religion and the people conspired with Ahab in the persecution and Idolatry to forsake the Covenant throw dowwe the Altars of God and slay his Prophets so as in the estimation of Elias 1 King 19.9 10 11. there was not one man but they were Malignant Cavalliers and hath any Elias now power with the Cavalliers to exhort them to rise in Armes against themselves and to shew them it is their duty
limited or absolute Royall power to the Prince but if this power were immediately in God and from God how could the people have the husbanding of it at their need to expend it out in ounce weights or pound weights as they please And that the people may be Taverners of it to sell or give it is taught by Grotius de jur bel pac l. 1. c. 4. Barclai advers Monarch l. 4. c. 6. Arnisae cap. 6. de majest an princeps qui jurat subditis c. n. 10. n. se Aventiun Anal. l. 3. Chytreus l. 23. l. 28. Saxon Sleid. lib. 1. in fi yet Arnisaeus is not ashamed to cite Arist. po c. 12. l. 3. That he is not a true and absolute King who ruleth by Laws The point black contrary of which Aristotle saith QUEST XLI Whether doth the P. Prelate upon good grounds ascribe to us the doctrine of Jesuites in these Questions of lawfull defensive Wars THe P. Prelate without all ground will have us all Iesuites in this point but if we make good that this Truth was in Scripture before a Iesuite was in the earth he falleth fron his Cause P. Prelate The Begardi saith There was no Government no Law given to the just It fâ—â—reth me this age fancieth to it self some such thing and have learned of Core Dathan c. Ans. This Calumniator in the next words belieth himself when he saith We presuppose that these with whom we are to enter in Lists do willingly grant That Government is not onely lawfull and just but necessary both for Church and Common-wealth then we fancie no such thing as he imputeth to us P. Prelate Some said that the right of Dominion is founded on grace whether the Waldenses and Hus held any such Tenet I cannot now insist to prove or disprove Gerson and others held that there must be a new Title and 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 Iesuites 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 Iesuites 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 Casuists 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 Princeâ— 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 the 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 2 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 one 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
Deacons are no more admitted by Christ to enter into his sanctuary as governours then the Leaper into the Campe of old and the Moabite and Ammonite were to enter into the congregation of the Lord Deut. 23.3 therefore we have excommunicated this P. Prelate and such Moabites out of the Lords house 2. What be the things that doe not primely concerne salvation the P. Prelate knoweth to wit Images in the Church Altar worship Antichristian Ceremonies which primely concerne damnation 3. I understand not what the P. Prelate meaneth that the King preserveth externall Government in order and decency in Scotland in our Parliament 1633. the prescribed Surplice and he commanded the Service-booke and the Masse-worship The Prelate degradeth the King here to make him onely keep or preserve the Prelates Masse-Clothes they intended indeed to make the King but the Popes servant for all they say and do for him now 4. If the King be vicegerent of Christ in prescribing Laws for the externall ordering of the worship and all their decent symbolicall Ceremonies What more doth the Pope and the Prelate in that kinde He may with as good warrant Preach and Administrate the Sacraments P. Prelate Kings have the sign of the Crosse on their Crowns Answ. Ergo Baculus est in angulo Prelates have put a crosse in the Kings heart and crossed Crown and Throne to Really Some Knights some Ships some Cities and Burroughes do carry a crosse are they made Christs vice-gerents of late By what antiquity doth the Crosse signifie Christ Of old it was a badge of Christians no Religious Ceremony and is this all The King is the vicegerent of Christians The Prelates we know adore the Crosse with Religious worship so must they adore the Crown P. Prelate Grant that the Pope were the Vicar of Christ in spirituall things it followeth not Ergo Kings Crowns are subject to the Pope for Papists teach that all power that was in Christ as man as power to work miracles to institute Sacraments was not transmitted to Peter and his successors Answ. This is a base consequence Make the Pope head of the Church the King if he be a mixed person that is half a Church-man and Christs Vice-gerent both he and Prelates must be members of the head Papists teach that all in Christ as man cannot be transmitted to Peter but a Ministeriall Catholike Headship say Batcanus and his fellows was transmitted from Christ as man and visible head to Peter and the Pope P. Prelate I wish the Pope who claimeth so neer alliance with Christ would learn of him to be meek and humble in heart so should he finde rest to his own soul to Church and State Answ. The same was the wish of Gerson Occam the Doctors of Paris the fathers of the Concels of Constance and Basil yet all make him head of the Church 2. The Excommunicate Prelate is turned Chaplain to Preach to the Pope the Soul-rest that Protestants wish to the Pope is That the Lord would destroy him by the Spirit of his mouth 2 Thes. 2.8 But P. Prelates This wish is a Reformation of accidents with the safety of the subject the Pope and is as good as a wish That the Devill remaining a Devill may finde rest for his soul all we are to pray for as having place in the Church are supposed members of the Church The Prelate would not pray so for the Presbytery by which he was ordained a Pastour 1 Tim. 4.14 though he be now an Apostate It is gratitude to pray for his lucky father the Pope What ever the Prelate wish we pray for and beleeve that desolation shall be his Soul-rest and that the vengeance of the Lord and of his Temple shall fall upon him and the Prelates his sons P. Prelate That which they purpose by denying Kings to be Christs Vice-gerents is to set up a Soveraignty Ecclesiasticall in Presbyteries to constrain Kings repeal his Laws correct his Satutes reverse his Judgements to cite convent and censure Kings and if there be not power to execute what Presbyteries decrees they may call and command the help of the people in whom is the underived Majstie and promise and swear and covenant to defend their fancies against all mortall men with their Goods Lands Fortunes to admit no divisive motion and this Soveraign Association maketh every private man an armed Magistrate Answ. You see the Excommunicate Apostats tusses against the Presbytery of a Reformed Church from which he had his baptism faith ministery 1. We deny the King to be the head of the Church 2. We assert that in the Pastors Doctors and Elders of the Church there is a Ministeriall power as servants under Christ in his authority and name to rebuke and censure Kings that there is revenge in the Gospel against all disobedience 2 Cor. 2.6 and 10.6 The rod of God 1 Cor. 4.21 The rod of Christs lips Isai. 11.4 The Scepter and Sword of Christ Revel 1.16 and 19.15 The Keyes of his Kingdom to binde and loose open and shut Matth. 18.17 18. and 16.19 1 Cor. 5.1 2 3. 2 Thes. 3.14 15. 1 Tim. 1.19 and 5.22 and 5.17 And that this power is committed to the Officers of Christs house call them as you will 3. For reversing of Laws made for the establishing of Popery we think the Church of Christ did well to declare all these unjust grievous decrees and that woe is due to the Iudges even the Queen if they should not repent as Isai. 10.1 And this P. must shew his teeth in this against our Reformation in Scotland which he once commended in Pulpit as a glorious work of Gods right arm And the Assemble of Glaskow 1637. declared That Bishops though established by Acts of Parliament procured by Prelates onely Commissioners and Agents for the Church who betrayed their trust were unlawfull and did supplicate That the ensuing Parliament would annull these wicked Acts. They think God priviledgeth neither King nor others from Church-Censures the P. Prelates imprisoned and silenced the Ministers of Christ who preached against the publike sins the blood oppressions unjustice open swearing and blasphemy of the holy Name of God the countenancing of Idolaters c. in King and Court 4. They did never sought the help of the people against the most unjust standing Law of authority 5. They never swear and covenant to defend their own fancies For the Confession and Covenant of the Protestant Religion translated in Latin to all the Protestants in Europe and America being termed a fancie is a clear evidence That this P. Prelate was justly excommunicated for Popery 6. This Covenant was sworn by King James and his house by the whole Land by the Prelates themselves And to this fancy this P. Prelate by the Law of our Land was obliged to swear when he received degrees in the Universitie 7. There is reason our Covenant should provide against divisive motions The Prelates moved the King to command all the
were mixed persons and did all in the externall government of the Church and that by their office as they were Kings 7. All the instances that Augustine bringeth to prove that the King is a mixt person proveth nothing but Civill acts in Kings as Hezekiah cast down the high places the King of Nineve compelled to obey the Prophet Ionah Darius cast Daniels enemies to the Lyons P. Prelate If you make two Soveraignes and two Independents there is no more peace in the State then in Rebeckahs wombe while Jacob and Esau strove for the prerogative Ans. 1. What need Israel strive when Moses and Aaron are two Independents If Aaron make a golden Calfe may not Moses punish him If Moses turne an Achab and sell himselfe to doe wickedly ought not 80 valiant Priests and Aarons both rebuke censure and resist 2. p. 65. The P.P. said Let no man imagine we priviledge the King from the direction and power of the Church so he be no intruding Vzzah I pray P. P. what is this Church power Is it not supreme in its kinde of Church power or is it subordinate to the King If it be supreme see how P. P. maketh two Supremes and two Soveraignes If it be subordinate to the King as he is a mixt person the King is priviledged from this power and he may intrude as Vzzah and by his prerogative as a mixed person he may say Masse and offer a sacrifice if there be no power above his prerogative to curbe him If there be none the P.P. his imagination is reall The King is priviledged from all Church power Let the P.P. see to it I see no inconvenience for reciprocations of subjections in two Supremes and that they may mutually censure and judge one another Object Not in the same cause that is impossible If the King say Masse shall the Church judge and censure the King for intrusion and because the King is also Soveraigne and Supreme in his kinde he may judge and punish the Church for their act of judging and censuring the King it being an intrusion on his prerogative that any should judge the highest Judge Ans. The one is not subiect to the other but in the case of male-administration the innocent as innocent is subject to no higher punishing he may be subject to a higher as accusing citing c. Now the Royalist must give instance in the same cause where the Church faileth against the King and his Civill law and the King in the same cause faileth against the Church-canon and then it shall be easie to answer P. Prelate Religion is the bottome of all happinesse if you make the King only to execute what a Presbyterie commandeth he is in a hard case and you take from him the chiefest in Government Ecclesiasticall power hath the soule in subjection the Civill Soveraigntie holdeth a dead dominion ever the body Then the Pope and Presbyterie shall be in better condition then the King Cic. in Ver. Omnes Religione moventur Superstition is furious and maddeth people that they spare neither Crown nor Mitre Ans. Cold and dry is the P. P. when he spendeth foure pages in declamation for the excellencie of Religion The madnesse of Superstition nothing to the purpose 1. The King hath a chiefe hand in Church affaires when he is a Nurse-father and beareth the Royall sword to defend both the Tables of the Law though he doe not spin and weave Surplices and other base Masse-cloaths to Prelates and such Priests of Baal They dishonour his Majestie who bring his Prerogative so low 2. The King doth not execute with blind obedience with us what the Pope commandeth and the Prelates but with light of knowledge what Synods discernes and he is no more made the servant of the Church by this then the King of Iudah and Nebuchadnezzar are servants to Ieremiah and Daniel because they are to obey the Word of the Lord in their mouth Let them shew a reason of this why they are servants in executing Gods will in Discipline and in punishing what the Holy Ghost by his Apostles and Elders decree when any contemne the Decree concerning the abstinence from blood things strangled c. Act. 15. rather then when they punish murther idolatrie blasphemie which are condemned in the Word preached by Pastors of Christ and farther this objection would have some more colour realitie it hath not if Kings were only to execute what the Church ministerially in Christs name commandeth to be done in Synods but Kings may and doe command Synods to conveen and doe their duty and command many duties never Synodically decreed as they are to cast out of their Court apostate Prelates sleeping many yeares in the Devils armes and are to command Trencher-Divines neglecting their flock and lying at Court attending the falling of a dead Bishop as Ravens doe an old dying horse To goe and attend the flock and not the Court as this P. P. did 3. A King hath greater outward glory and may doe much more service to Christ in respect of extension and is excellenter then the Pastor who yet in regard of intension is busied about nobler things to wit the Soule the Gospel Eternitie than the King 4. Superstition maddeth men but it followeth not that true Religion may not set them on work to defend soule and body against Tyrannie of the Crown and Antichristian Mitres P. Prelate The Kingdome had peace and plentie in Prelates time Ans. A belly-argument We had plenty when we sacrificed to the Queen of Heaven 2. If the Traveller contend to have his purse againe shall the Robber say Robberie was blessed with peace The rest to the end are lies and answered already Only his invectives against ruling Elders falsly called Lay-Elders are not to purpose Parliament-Priests and Lay and Court-Pastors are Lay-Prophets 2. That Presbyteries meddle with Civill businesse is a slander They meddle with publike scandals that offendeth in Christs Kingdome But the Prelate by office was more in two elements in Church and State then any Frogs even in the Kings Leavenâ—tubs ordinarily 3. Something he saith of Popes usurping over Kings but only of one of his fathers a great uncleane spirit Gregorie the Great But if he had refuted him by Gods Word he should have thrown stones at his own Tribe for Prelates like him doe ex officio trample upon the neck of Kings 4. His testimonies of one Councell and one Father for all Antiquitie proveth nothing Athanasius said God hath given Davids Throne to Kings What to be Head of the Church No to be the Minister of God without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the Church And because Kings reigne by Christ as the Councell of Arimin saith therefore it may follow a Baily is also Head of the Church It is taken from Prov. 8. and answered 5. That Presbyteries have usurped upon Kings more then Popes since Hildebrand is a lie all stories are full of the usurpation of Prelates his own
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 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