because of Saul the son of Kish And they were amongst the mighty men helpers of the warre It is a scorne to say that their might and their helping in warre consisted in being meere patients with David and such as fled from Saul for they had beene on Sauls side before and to come with armour to flee is a mocking of the word of God 2. It is cleare the scope of the Spirit of God is to shew how God helped his innocent servant David against his persecuting Prince and Master King Saul in moving so many mighty men of warre to come in such multitudes all in Armes to help him in warre Now to what end would the Lord commend them as fit for Warre men of might fit to handle shield buckler whose faces are as the faces of Lyons as swift as the Roes on the Mountaines ver 8. and commend them as helpers of David if it were unlawfull for David and all those mighty men to carry Armes to pursue Saul and his followers and to doe nothing with their armour but flee Judge if the Spirit of God in reason could say All these men came armed with bowes ver 2. and could handle both the right hand and the left in slinging stones and shooting of arrowes and that ver 22. all these came to David being mighty men of valour and they came as Captains over hundreds and thousands they put to slight all them of the valleyes both toward the East and toward the West ver 14 15. and that David received them and made them Captains of the band if they did not come in a posture of warre and for hostile invasion if need were For if they came onâ—ly to suffer and to flee not to pursue Bowes Captaines and Captaines of Bands made by David and Davids helpers in the warre came not to help David by â—lying that was a hurt to David not a help It is true M. Symmons saith 1 Sam. 22.2 Those that came out to David strengthened him but he strengthened not them and David might easily have revenged himselfe on the Ziphites who did good will to betray him to the hands of Saul if his conscience had served him Answ. 1. This would inferre that these armed men came to help David against his conscience and that David was a patient in the businesse the contrary is in the Text 1 Sam. 26.2 David became a Captaine over them and 1 Chron. 12.17 If ye come peaceably to help me my heart shall be knit to you ver 18. Then David received them and made them Captains of the band 2. David might have revenged himselfe upon the Ziphites True but that Conscience hindred him cannot be proved To pursue an enemie is an act of a Councell of Warre and he saw it would create more enemies not help his Cause 3. To David to kill Saul sleeping and the people who out of a mis-informed consciencâ— came out many of them to help their lawfull Prince against a Traitor as was supposed seeking to kill their King and to usurp the throne had not been wisdome nor justice because to kill the enemie in a just self-defence must be when the enemie actually doth invade and the life of the defendant cannot be otherwise saved A sleeping enemie is not in the act of unjust pursuit of the innocent but if an Armie of Papists Philistims were in the fields sleeping pursuing not one single David onely for a supposed personall wrong to the King but lying in the fields and campe against the whole Kingdome and Religion labouring to introduce arbitrary Government Popery Idolatry and to destroy Lawes and Liberties and Parliaments then David were obliged to kill these murtherers in their sleep If any say The case is all one in a naturall self-defence what ever be the cause and who ever be the enemy because the self-defender is not to offend except the unjust Invader be in actuall pursuit now Armies in their sleep are not in actuall pursuit Answ. Whâ—n one man with a multitude invadeth one man that one man may pursue as he seeth most conducible for self-defence Now the Law saith Threatnings and terror of Armour maketh imminent danger and the case of pursuit in self-defence lawfull iâ— therefore an Armie of Irish Rebels and Spanyards were sleeping in their Camp and our King in a deep sleep in the midst of them and these Râ—bâ—ls actually in the Camp besieging the Parliament and the Citie of London most unjustly to take away Parliament Laws and Liberties of Religion it should follow that Generall Essex ought not to kill the Kings Majesty in his sleep for he is the Lords Anointed but 1. will it follow that Generall Essex may not kill the Irish Rebels sleeping about the King and that he may not rescue the Kings Person out of the hands of the Papists and Rebels ensnaring the King and leading him on to Popery and to employ his Authority to defend Popery and trample upon Protestant Parliaments and Lawes Certainly from this example this cannot be concluded For Armies in actuall pursuit of a whole Parliament Kingdome Lawes and Religion though sleeping in the Camp because in actuall pursuit may be invaded and killed though sleeping And David useth no argument from conscience why hee might not kill Sauls Armie I conceive he had not Armes to doe that and should have created more enemies to himselfe and hazard his owne life and the life of all his men if he had of purpose killed so many sleeping men yea the inexpedience of that for a private wrong to kill Gods mis-led people should have made all Israel enemies to David But David useth an Argument from Conscience onely to prove it was not lawfull for him to stretch forth his hand against the King and for my part so long as he remaineth King and is not dethroned by those who made him King at Hebron to put hands on his person I judge utterly unlawfull one man sleeping cannot be in actuall pursuit of another man so that the self-defender may lawfully kill him in his sleep but the case is farre otherwise in lawfull wars the Israelites might lawfully kill the Philistims encamping about Jerusalem to destroy it and Religion and the Church of God though they were all sleeping even though we suppose King Saul had brought them in by his Authority though he were sleeping in the midst of the uncircumcised Armies and it is evident that an hoast of armed enemies though sleeping by the law of self-defence may be killed lest they awake and kill us whereas one single man and that a King cannot be killed 2. I think certainly David had not done unwisely but hazarded his owne life and all his mens if he and Ahimelech and Abâ—shai should have killed an host of their enemies sleeping that had been a work as impossible to three so hazard some to all his men D. Ferne as Arnisaeus did before him saith The example of David was extraordinary
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
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
Sauls emissaries Because then he should have been in an immediate and nearest posture of actuall self-defence Now the case is farre otherwayes between the King and the two Parliaments of England and Scotland for the King is not 1. Sleeping in his emissariâ—s for he hath armies in two kingdomes and now in threâ— kingdomes by sea and land night and day in actuall pursuit not of one David but of the estates and a Christian community in England and Scotland and that for Religions Lawes and Liberties for the question is now betweene Papist and Protestant between Arbitrâ—ry or Tyranicall government and law-government and Therefore by both the Lawes of the politique societies of both Kingdomes and by the Law of God and nature we are to use violent re-offâ—nding for sâ—lf-preservation and put to this necessity when armies are in actuall pursuit of all the Protestant Churches of the suffâ—r â—awes and Religion to be undone But saith the Royalist Davids argument God forbid that I stretch out my hand against the Lords Annoâ—nted my Master the King concludeth universally that the King in his most Tyrannous acts still remaining the Lords Anoynted cannot be resisted Ans. 1. David speaketh of stretching out his haâ—d against the person of King Saul no man in the three Kingdomes did so much as attempt to do violence to the Kings person But this argument 2. is inconsequent for a King invading in his own Royall person the innocent subject 1. Suddainly 2. Without colâ—ur of Law and reason 3. Unavoidably may be personally resistâ—d and that with opposing a violence bodily yet in that invasion he remaineth the Lords Annoynted 2. By this argument the life of a murtherer cannot be taken away by a Judge for he râ—maineth one endued with Gods image and keepeth stil the nature of a man under all the murthers that he doth but it followeth no wayes that because God hath indowed his person with a sort of Royalty of a Divine image that his life cannot be taken and certainly if to be a man endued with Gods image Gen. 6.9 10. and to bee an ill doer worthy of evill punishment are different to be a King and an ill doer may be distinguished The grounds of self-defence are these A woman or a young man may violently oppose a King if he force the one to adultery and incest and the other to Sodomy Though Court-flatterers should say the King in regard of his absolutenesse is Lord of life and death yet no man ever said that the King is Lord of chastity faith and oath that the wife hath made to her husband 2. Particular nature yeelds to the good of universall nature for which cause heavie bodies ascend aerie and light bodies descend If then a wilde Bull or a goaring Oxe may not be let loose in a great market-confluence of people and if any man turne so distracted as he smite himselfe with stones and kill all that passe by him or come at him in that case the man is to be bound and his hands fettered and all whom he invadeth may resist him were they his owne sons and may save their owne lives with weapons much more a King turning a Nero King Saul vexed with an evill spirit from the Lord may be resisted and faâ—re more if a King indued with use of reason shall put violent hands on all his subjects kill his son and heire yea any violently invaded by natures law may defend themselves and the violent restraining of such an one is but the hurting of one man who cannot be virtually the Common-wealth but his destroying of the community of men sent out in warres as his bloody emissaries to the dissolution of the Common-wealth 3. The cutting off of a contagious member that by a Gangrene would corrupt the whole body is well warranted by nature because the safety of the whole is to be preferred to the safety of a part Nor is it much that Royalists say the King being the head destroy him the whole body the Common-wealth is dissolved as cut off a mans head the life of the whole man is taken away Because 1. God cutteth off the spirits of tyrannous Kings and yet the Common-wealth is not dissolved no more then when a Leopard or a wilde Boare running through children is killed it can be the destruction of all the children in the land 2. A king indefinitely is referred to the Common-wealth as an adequat head to a Monarchicall Kingdome and remove all Kings and the politique body as Monarchicall in its frame is not Monarchicall but it leaveth not off to be a politique body seeing it hath other Judges but the naturall body without the head cannot live 2. This or that tyrannous King being a transient mortall thing cannnot be referred to the immortall Common-wealth as it is adequat correlate They say the King never dieth yet this King can dye an immortall politique body such as the Common-wealth must have an immortall head and that is a King as a King not this or that man possibly a tyrant who is for the time and eternall things abstract from time onely a King 4. The reason of Fortunius Garcias a skilfull Lawyer in Spaine is considâ—rable Coment in l. ut vim vi ff de justit jure God hath implâ—nted in every creature naturall inclinations and motions to preserve it selfe and we are to love our self for God and have a love to preserve our selves rather then our neighbour and Natures law teacheth every man to love God best of all and next our selves more then our neighbour for the Law saith Thou shalt love thy neighbour as thy selfe then saith Malderus com in 12. q. 26. tom 2. c. 10. concl 2. The love of our selfe is the measure of the love of our neighbour But the rule and the measure is more perfect simple and more principall then the thing that is measured It is true I am to love the salvation of the Church it comming neerer to Gods glory more then my owne salvation as the wishes of Moses and Paul do prove and I am to love the salvation of my brother more then my owne temporall life but I am to love my owne temporall life more then the life of any other and therefore I am rather to kill then to be killed the exigence of necessity so requiring Nature without sin aimeth this as a truth in the case of losse of life Proximus sum egomet mihi Ephes. 5.28 29. He that loveth his wife loveth himselfe for no man ever yet hated his owne flesh but nourisheth it and cherisheth it even as the Lord the Church As then nature tyeth the dam to defend the young birds and the Lyon her whelps and the husband the wife and that by a comparative re-offending rather then the wife or children should be killed yea hee that is wanting to his brother if a robber unjustly invade his brother and helpeth him not is a murtherer of his
Ergo they must have the power of the sword hence upon the same grounds Assert 2. That the King onely hath the power of warre and raising Armies must be but a positive civill Law For 1. by divine right if the inferiour Judges have the sword given to them of God then have they also power of Warre and raising Armies 2. All power of warre that the King hath is cumulative not privative and not distructive but given for the safety of the Kingdome as therefore the King cannot take from one particular man the power of the sword for naturall self-preservation because it is the birth-right of life neither can the King take from a community and Kingdome a power of rising in Armes for their owne defence If an Armie of Turks shall suddenly invade the Land and the Kings consent expresse cannot be had for it is essentially involved in the office of the King as King that all the power of the swoâ—d that he hath be for their safety or if the King should as a man refuse his consent and interdict and discharge the Land to rise in Armes yet they have his Royall consent though they want his personall consent in respect that his office obligeth him to command them to rise in Armes 2. Because no King no Civill power can take away Natures birth-right of self-defence from any man or a community of men 2. Because if a King should sell his Kingdome and invite a bloody Conquerour to come in with an Armie of men to destroy his people impose upon their conscience an Idolatrous Religion they may lawfully rise against that Armie without the Kings consent for though Royalists say they need not come in asinine patience and offer their throats to cut-throats but may flee yet two things hindereth a flight 1. They are obliged by vertue of the first Commandement to re-man and with their sword defend the Cities of the Lord and the King 2 Sam. 10.12 1 Chron. 19.13 for if to defend our Country and children and the Church of God from unjust invaders and cut-throats by the sword be an act of charity that God and the Law of Nature requireth of a people as is evident Prov. 24.11 and if the fift Commandement oblige the Land to defend their aged Parents and young children from these invaders and iâ— the sixt Commandement lay on us the like bond all the Land are to act works of mercy and charity though the King unjustly command the contrary except Royalists say that we are not to performe the duties of the second Table commanded by God if an earthly King forbid us and if we exercise not acts of mercy toward our brethren when their life is in hazard to save them wee are murtherers and so men may murther their neighbour if the King command them so to doe this is like the Court-faith 2. The Kinâ—s power of warres is for the safety of his people if he deny his conseâ—t to their raising of Armes till they be destroyed he playeth the Tyrant not the King and the law of Nature will necessiâ—ate them either to defend themselves seeing slight of all in that case is harder then death else they must be guilty of self-murther Now the Kings commandement of not rising in Armes at best is positive and against the nature of his Office and it â—loweth then from him as from a man and so must be farre inferiour to the naturall Commandement of God which commandeth self-preservation if wee would not be guilty of self-murther and of obeying men rather then God So Althusius Polit. c. 25. n. 9. Halicarnas l. 4. Antiq. Rom. Aristo Pol. l. 3. c. 3. 3. David tooke Goliahs sword and became a Captaine a Captaine to an hoast of armed men in the battaile and fought the battailes of the Lord 1 Sam. 25.28 and this Abigal by the spirit of prophecy as I take it saith ver 29 30 31. 1 Sam. 22.2 1 Chron. 12.1.2.3.17.18.21.22 not onely without Sauls consent but against King Saul as he was a man but not against him as hee was King of Israel 4. If there be no King or the King be minor or an usurper as Athalia be on the Throne the Kingdome may lawfully make war without the King as Iudges cap. 20. The children of Israel foure hundred thousand footemen that drew sword went out to warre against the children of Benjamin Iudah had the power of the sword when Iosiah was but eight yeares old in the beginning of his reigne 2 King 22.1 2. and before Iehoash was crowned King and while he was minor 2 King 11. there were Captaines of hundreds in armes raised by Iehoiada and the people of Iudah to defend the young King It cannot be said that this is more extraordinary then that it is extraordinary for Kings to die and in the interregnum warres in an ordinary providence may fall out in these Kingdoms where Kings goe by election and for Kings to fall to be Minors Captives Tyrannous And I shall be of that opinion that Mr Symmons who holdeth That Royall birth is equivalent to divine unction must also hold that election is not equivalent to divine unction for both election and birth cannot be of the same validity the one being naturall the other a matter of free choise which shall infer that Kings by election are lesse properly and analogically onely Kings and so Saul was not properly a King for he was King by election but I conceive that rather Kings by birth must be lesse properly Kings because the first King by Gods institution being the mould of all the rest was by election Deut. 17.18.19.20 5. If the estates create the King and make this man King not this man as is clear Deut. 17.18 and 2 Chron. 5.1 2 3 4. they give to him the power of the Sword and the power of War and the Militia and I shall judge it strange and reasonlesse that the power given to the King by the Parliament or estates of a free Kingdom such as Scotland as acknowledged to be by all should create regulate limit abridge yea and anull that power that created it self hath God ordained a Parliamentary power to create a Royal power of the sword and war to be placed in the King the Parliaments creature for the safety of Parliament and Kingdome which yet is destructive of it selfe D. Ferne saith that the King summoneth a Parliament and giveth them power to be a Parliament and to advise and counsell him and in the meane time Scripture saith Deut. 17.18 19 20. 1 Sam. 10 20 21 22 23 24 25. 2 Sam. 5.1 2 3 4. that the Parliament createth the King heir's admirable reciprocation of creation in policie and shall God make the mother to destroy the daughter The Parliamentarie power that giveth Crown Militia sword and all to the King must give power to the King to use sword and war for the destruction of the Kingdome and to annull all the power of Parliaments to
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
obligeth me not to acts of charity when I in all reason see them unpossible but a multitude who had strength did well to rescue innocent Ionathan out of the hands of the King that he should not be put to death yet one man was not tyed by the law of nature to rescue Ionathan if the King and Prince had condemned him though unjustly 2. The hoast of men that helped David against King Saul 1 Sam. 22.2 entered in a lawfull war and 1 Chron. 12.18 Amasa by the spirit of the Lord blesseth his helpers peace peace be unto thee and peace be to thy helpers for thy God helpeth the. Ergo Peace must be to the Parliament of England and to their helpâ—rs their brethren of Scotland 3. Numb 32.1.2.3.16.17.18.19 Iosh. 1.12.13.14 The children of Gad and of Reuben and the half tribe of Manasseh though their inheritance fell to be in this side of Iordan yet they were to goe over the river armed to fight for their brethren while they had also possâ—ssion of the land at the commandement of Moses and Joshua 4. So Saul and Israel hâ—lped the men of Iabesh Gilead conjoyned in blood with them against Nahash the Ammonite and his unjust conditions in plucking out their right eyes 1 Sam. 11. 5. Iephtha Iudg. 12.2 justly rebuketh the men of Ephraim because they would not help him and his people against the Ammonitâ—â— 6. If the communion of Saints be any bound that England and we have one Lord one faith one Baptisme one head and Saviour Iesus Christ then are we obliged to help our bleeding sister Church against these same common enemies Papists and Prelates but the former is undenyably true for 1. We send help to the Rotchel if there had not been a secret betraying of our brethren we send help to the recovery of the Palatinate and the aide of the confederat Princes against Babels strength and power and that lawfully but we did it at great leisure and coldly Q. Elizabeth helped Holland against the King of Spain And beside the union in Religion 1. We sayle in one ship together being in one Iland under one King and now by the mercy of God have sworne one Covenant and so must stand or fall together 7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland An. 1585. at the desire of the Generall Assembly 1583. to joyne forces together at home and enter in League with Protestant Princes and Estates abroad to maintaine the Protestant Religion against the bloody confederacy of Trent and accordingly this League betweene the two Crownes was subscribed at Berwick An. 1586. and the same renewed An. 1587 1588. as also the confession of Faith subscribed when the Spanish Armado was on our coasts 8. The Law of God commanding that we love our neighbour as our selfe and therefore to defend one another against unjust violence l. ut vim ff de just jur obligeth us to the same except we thinke God can be pleased with lippâ—-love in word onely which the Spirit of God condemneth 1 Ioh. 2.9 10. cap. 3.16 and the summe of Law and Prophets is that as we would not men should refuse to help us when we are unjustly oppressed so neither would we so serve our afflicted brethren l. in facto ff de cond demonstr § Si uxor Iustit de nupt 9. Every man is a keeper of his brothers life there is a voluntary homicide when a man refuseth food or physick necessary for his owne life and refuseth food to his dying brother and men are not borne for themselves And when the King defendeth not subjects against their enemies all fellow-subjects by the law of Nature of Nations the Civill and cannon Law have a naturall priviledge to defend one another and are mutuall Magistrates to one another when there be no other Magistrates If an Army of Turks or Pagans would come upon Britaine if the King were dead as he is civilly dead in this juncture of time when he refuseth to helpe his subjects one part of Britaine would help another As Iehoshaphat King of Iudah did right in helping Ahab and Israel so the Lord had approved of the warre If the left hand be wounded and the left eye put out nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye and so are they obliged to helpe one another 10. As we are to beare one anothers burthens and to help our enemies to compassionate strangers so far more these who make one body of Christ with us 11. Meroz iâ— under a curse who helpeth not the Lord one part of a Church another A woe lieth on them that are at ease in Zion and helpeth not afflicted Ioseph so farre as they are able 12. The law of Gratitude obligeth us to this England sent an Armie to free both our soules and bodies from the bondage of Popery and the fury of the French upon which occasion a Parliament at Leith Anno 1560. established Peace and Religion and then after they helped us against a faction of Papists in our owne bosome for which we take Gods name in a prayer seeking grace never to forget that kindnesse 13. When Papists in Armes had undone England if God give them victory they should next fall on us and it should not be in the Kings power to resist them When our enemies within two dayes journey are in Armes and have the person of our King and his judgement and so the breathing Law of the two Kingdomes under their power we should but sleepe to be killed in our nest if we did not arise and fight for King Church Countrey and Brethren Object By these and the like grounds when the Kings Royall Person and life is in danger he may use Papists as subjects not as Papists in his owne naturall self-defence Answ. Hell and the Devill cannot say that a thought was in any heart against the Kings person He sleeped in Scotland safe and at Westminster in his owne Palace when the Estates of both Kingdomes would not so much as take the water-pot from his bed-side and his Speare and Satan instilled this traiterous lye first in Prelates then in Papists 2. The King professeth his maintenance of the true Protestant Religion in his Declarations since he tooke Armes but if Saul had put Armes in the hands of Baals Priests and in an Armie of Sidonians Philistims Ammonites professing their quarrell against Israel was not to defend the King but their Dagon and false gods cleere it were Sauls Armie should not stand in relation of helpers of the Kings but of advancers of their owne Religion Now Irish Papists and English in Armes presse the King to cancell all Lawes against Popery and make Laws for the free liberty of Masse and the full power of Papists then the King must use Papists as Papists in these warres QUEST XXXVIII Whether Monarchy be the best of governments NOthing more unwillingly
the words of thy mouth art taken with the words of thy mouth But whence is it that a man free is now snared as a beast in a gin or trap Certainly Solomon saith it is by a word and striking of hands by a word of promise and covenant Now the Creditor hath coactive power though he be an equall or an inferiour to the man who is surety even by Law to force him to pay and the Judge is obliged to give his coactive power to the Creditor that he may force the surety to pay Hence it is cleare that a Covenant maketh a free man under the coactive power of law to an equall and to weaker and the stronger is by the law of fraternity to help the weaker with his coactive power to cause the superiour fulfill his covenant If then the King giving and not granting he were superiour to his whole Kingdome come under a covenant to them to seek their good not his owne to defend true Protestant Religion they have power to compell him to keep his covenant and Scotland if the King be stronger then England and break his covenant to them is obliged by Gods law Prov. 24.11 to adde their forces and coactive power to help their brethren of England 3. The Law shall warrant to loose the vassal from the Lord when the Lord hath broken his covenant Hippolitus in l. Si quis viduam col 5. dixit de quest l. Si quis major 41. 161. Bartol n. 41. The Magdeburgens in libel de offic magistrat Imperatores reges esse primarios vasallos imperii regni proinde si feloniam contra imperium aut regnum committant fewdo privari proinde ut alios vasallos Arnisaeus q. 6. An princeps qui jurat subditis c. n. 2. saith This occasioneth confusion and sedition The Egyptians saith he cast off Ptolomeus because he affected too much the name of a King of the Romans his own friend Dion l. 9. The States punished Archidanius because he married a wife of a low stature Plutarch in Agos in pris The ancient Burgundions thought it cause enough to expell their King if matters went not well in the State Marcel l. 27. The Goths in Spain gave no other cause of expelling their King nisi quod sibi displiceret because he displeased them Aimon l. 2. c. 20. l. 4. c. 35. Ans. All these are not to be excused in people but neither every abuse of power in a King exautorateth a King nor every abuse in people can make null their power Arnisaeus maketh three kinds of oathes the first is when the King sweareth to defend true Religion and the Pope and he denyeth that this is an oath of fidelitie or by paction or covenant made to thâ— Pope or Clergie he saith it is onely on oath of protection nor doth the King receive the Crown from the Pope or Clergie Answ. 1. Arnisaeus divideth oathes that are to be conjoyned we read not that Kings sweare to defend Religion in one oath and to administrate judgement and justice in another for David made not two Covenants but onely one with all Israel 2. The king was not King while he did swear this oath and therefore it must be a pactionall oath between him and the Kingdom and it is true the King receiveth not a Crown from the Church yet David received a Crowne from the Church for this end to feed the Lords people and so conditionally Papir Masse l. 3. Chron. Gal. saith The King was not king before the oath 2. That he did sweare to be a keeper not onely of the first but also of the second Table of the Law Ego N. Dei gratia mox futuras rex Francorum in die ordinationis mea coram Deo sanctis ejus polliceor quod servabo privilegia canonica justitiamque jus unicuique Praelato debitum vosque defendam Deo juvante quantum potero quemadmodum Rex ex officio in suo regno defendere debet unumquemque Episcopum ac Ecclesiam administrabo populo justitiam leges uti jus postulat And so is it ordained in the Councel of Tolet. 6. c. 6. Quisquis deinceps regni sortitus fuerit apicem non ante conscendat Regiam sedem quam inter reliquas conditiones sacramento policitus fuerit quod non sinet in regno suo degere cum qui non sit Catholicus All these by Scripture are oathâ—s of Covenant Deut. 17. ver 17 18. 2 Sam. 5.1 2 3 4. 2 Kings 11.17 18. Arnisaeus maketh a second oath of absolute Kings who sweare they shall raigne according to equitie and justice and he saith There is no need of this oath a promise is enough for an oath encreaseth not the obligation L. fin de non num pec Onelie it addeth the bound of Religion for there is no use of an oath where there is no paction of law against him that sweareth if he violate his oath There followeth onelie the punishment of Perjurie And the word of a Prince is as good as his oath onelie he condescendeth to sweare to please the people out of indulgence not out of necessitie And the King doth not therefore sweare because he is made King but because he is made King he sweareth And he is not King because he is crowned but he is crowned because he is King Where the Crowne goeth by succession the King never dieth and he is King by nature before he be crowned Answ. 1. This oath is the very first oath spoken of before included in the covenant that the King maketh with the people 2 Sam. 5.2 3 4. For absolute Princes by Arnisaeus his grant doth swear to do the duties of a King as Bodinus maketh the oath of France de Rep. l. 1. c. 8. Iuro ego per deum ac promittâ— me justè regnaturum judicium equitatem ac misericordiam facturum And papir Mass. l. 3. Chron. hath the same expresly in the particulars And by this a King sweareth he shall not be absolute and if he swear this oath he bindeth himself not to governe by the Law of the King whereby he may play the Tyrant as Saul did 1 Sam. 8.9 10 11 12 c. As all Royalists expound the place 2. It is but a poor evasion to distinguish betwixt the Kings promise and his oath for the promise and covenant of any man and so of the King doth no lesse bring him under a civil obligation and politique coaction to keep his promise then an oath for he that becometh surety for his friend doth by no civil Law sweare he shall be good for the sonne or performe in liew and place of the friend what he is to performe he doth onely covenant and promise and in law and politique obligation he is taken and snared by that promise no lesse then if he had sworne Reuben offereth to be caution to bring Benjamin safe home to his old father Gen. 42.37 Iudah also Gen. 43.9
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
Feast when Gods wrath was upon the Land contrary to Gods word Esa. 22.12 13 14. and what will this prove Presbyteries to be inconsistent with Monarchies 41. This Assembly is to judge what Doctrine is treasonable what then Surely the secret Counsell and King in a constitute Church is not Synodically to determine what is true or false Doctrine more then the Roman Emperor could make the Church Canon Act. 15. 42. M. Gibson M. Black preached against King James his maintaining the Tyranny of Bishops his sympathizing with Papists and other crying sins and were absolved in a generall Assembly shal this make Presbyteries inconsistent with Monarchie Nay but it proveth only that they are inconsistent with the wickednesse of some Monarchies and that Prelates have been like the four hundred false prophets that flattered King Achab and these men that preached against the sins of the King and Court by Prelates in both Kingdomes have been imprisoned Banished their Noses ript their cheeks burnt their eares cut 43. The Godly men that kept the Assembly of Aberdeen An. 1603. did stand for Christs Prerogative when K. James took away all generall Assemblies as the event proved and the King may with as good warrant inhibit all Assemblies for Word and Sacraments as for Church Discipline 44. They excommunicate not for light faults and trifles as the Lyar saith our Discipline saith the contrary 45. This Assembly never took on them to chose the Kings Counsellours but these who were in authority took K. James when he was a child out of the Company of a corrupt and seducing Papist Esme Duke of Lennox whom the P. P. nameth Noble Worthy of eminent indowments 46. It is true Glasgow Assembly 1637. voted down the High Commission because it was not consented unto by the Church and yet was a Church Judicature which took upon them to judge of the Doctrine of Ministers and deprive them and did incroach upon the Liberties of the established lawfull Church judicatures 47. This Assembly might well forbid M. John Graham Minister to make use of an unjust decree it being scandalous in a Minister to oppresse 48. Though Nobles Barons and Burgesses that professe the truth be Elders and so Members of the generall Assembly this is not to make the Church the House and the Common-wealth the Hangings for the constistuent Members we are content to be examined by the patern of Synods Act. 15. v. 22 23. Is this inconsistent with Monarchie 49. The Commissioners of the generall Assembly are 1. A meer occasionall judicature 2. Appointed by and subordinate to the Generall Assembly 3. They have the same warrant of Gods Word that Messengers of the Synod Act. 15. v. 22.27 hath 50. The historicall calumnie of the 17. day of December is known to all 1. That the Ministers had any purpose to dethrone King James and that they wrote to John L. Marquesse of Hamilton to be King because K. James had made defection from the true Religion Satan devised Spotswood and this P. P. vented this I hope the true history of this is known to all The holiest Pastors and professors in the Kingdom asserted this Government suffered for it contended with authority only for sin never for the power and Office These on the contrary side were men of another stamp who minded earthly things whose God was the world 2. All the forged inconsistency betwixt Presbyteries and Monarchies is an opposition with absolute Monarchie and concludeth with alike strength against Parliaments and all Synods of either side against the Law and Gospell preached to which Kings and Kingdoms are subordinate Lord establish Peace and Truth Farewell The Table of the Contents of the Book QUEST I. WHether Government be by a divine Law Affirmed Pag. 1. How Government is from God Ibid. Civill Power in the Root immediately from God Pag. 2 QUEST II. Whether or no Goverment be warranted by the Law of nature Affirmed Ibid. Civil societie naturall in radice in the root voluntary in modo in the manner Ibid. Power of Government and Power of Government by such and such Magistrates different Pag. 2 3. Civil subjection not formally from natures Law Pag. 3. Our consent to Laws penal not antecedently naturall Ibid. Government by such Rulers a secondary Law of nature Ibid. Family Government and politike different Ibid. Government by Rulers a secondary Law of nature Family Government and Civil different Pag. 4. Civil Government by consequent naturall Pag. 5. QUEST III. Whether Royall Power and definite Forms of Government be from God Affirmed Ibid. That Kings are from God understood in a fourfold sense Pag. 5 6. The Royall Power hath warrant from divine institution Pag. 6. The three forms of Government not different in spece and nature P. 8. How every form is from God Ibid. How Government is an ordinance of man 1 Pet. 2.13 Pag. 8 9. QUEST IV. Whether or no the King be onely and immediately from God and not from the people Prius distinguitur posterius prorsus Negatur pag. 5. How the King is from God how from the people Ibid. Royall Power three wayes in the people P. 6 10. How Royall Power is radically in the people P. 7. The people makâ—th the King Ibid. How any form of Government is from God P. 8. How Government is a humane ordinance 1 Pet. 2.3 P. 8 9. The people creat the King P. 10 11. Making a King and choosing a King not to be distinguished P. 12 13. David not a King formally because anointed by God P. 14 15. QUEST V. Whether or no the P. P. proveth that Soveraignty is immediately from God not from the people p. 16. Kings made by the people though the Office in abstracto were immediately from God P. 16. The people have a reall action more then approbation in making a King P. 19 Kinging of a person ascribed to the people P. 20. Kings in a speciall manner are from God but it followeth not Ergo not from the people P. 21. The place Prov. 8.15 proveth not but Kings are made by the people P. 22 23. Nebuchadnezzar and other heathen Kings had no just Title before God to the Kingdom of Judah and divers other subdued Kingdoms P. 26 27. QUEST VI. Whether or no the King be so allanerly from both in regard of Soveraignty and Designation of his person as he is no wayes from the people but onely by meer approbation Negatur pag. 28 29. The Forms of Government not from God by an act of naked Providence but by his approving will Ibid. Soveraignty not from the people by sole approbation P. 29 30. Though God have peculiar acts of providence in creating Kings it followeth not hence that the people maketh not Kings P. 31. The P. Prelate exponeth prophecies true onely of David Solomon and Iesus Christ as true of prophane heathen Kings P. 34 35. The P. P. maketh all the heathen Kings to be Princes anointed with the holy Oyl of saving grace Ibid. QUEST VII Whether the P.
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
if the people have this it s a creating of a King under God who principally disposeth of Kings and Kingdomes and this is enough for us The want of this made Zimri no King and those whom the Rulers of Iezreel at Samaria 2 King 10. refused to make Kings no Kings This election of the people made Athaliah a Princesse the removall of it and translation of the crown by the people to Ioash made her no Princesse for I beseech you what other calling of God hath a race of a familie and a person to the crowne but only the election of the States There is now no voice from heaven no immediately inspired Prophets such as Samuel and Elisha to annoynt David not Eliab Solomon not Adoniah The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the heroick spirit of a Royall facultie of governing is I grant from God only not from the people but I suppose that maketh not a King for then many sitting on the throne this day should be no Kings and many private persons should be Kings If he meane by the peoples choosing nothing but the peoples approbative consent posterior to Gods act of creating a King let them shew us an act of God making Kings and establishing royall power in such a familie rather then in such a familie which is prior to the peoples consent distinct from the peoples consent I believe there is none at all 4. Arg. Hence I argue If there be no calling or title on earth to tie the Crown to such a Familie and Person but the suffrages of the people then have the line of such a familie and the persons now no calling of God no right to the crown but only by the suffrages of the people except we say that there be no lawfull Kings on earth now when Propheticall unction and designation to Crowns are ceased contrary to expresse Scripture Rom. 13.1 2 3. 1 Pet. 2.13 14 15 16 17. But there is no title on earth now to tye crownes to families to persons but onely the suffrages of the people for 1. Conquest without the consent of the people is but royall latrocinie as we shall see 2. There is no propheticall and immediate calling to Kingdomes now 3. The Lords giving of Regall parts is somewhat but I hope Royallists will not deny but a child young in yeares and judgment may be a lawfull King 3. Mr. Maxwell his appointing of the Kingly office doth no more make one man a lawfull King then another for this were a wide consequence God hath appointed that Kings should be ergo Iohn a Stiles is a King yea ergo David is a King It followeth not Therefore it remaineth only that the suffrages of the people of God is that just title and divine calling that Kings have now to their crownes I presuppose they have gifts to governe from God 5. If the Lords immediate designation of David and his annointing by the divine authoritie of Samuel had been that which is alone without the election of the people made David formally King of Israel then there were two Kings in Israel at one time for Samuel annointed David and so he was formally King upon the ground layed by Royallists that the King hath no royall power from the people and David after he himselfe was annointed by Samuel divers times calleth Saul the Lords anointed and that by the inspiration of Gods spirit as we and Royallists doe both agree Now two lawfull supreme Monarchs in one Kingdome I conceive to be most repugnant to Gods truth and sound reason for they are as repugnant as two most Highs or as two Infinites 2. It shall follow that David all the while betwixt his anointing by Samuel and his coronation by the suffrages of all Israel at Hebron 1. Was in-lacking in discharging and acquiting himselfe of his royall duty God having made him formally a King and so laying upon him a charge to execute justice and judgement and defend Religion which he did not discharge 2. All Davids suffering upon Davids part must be unjust for as King he should have cut off the murtherer Saul who killed the Priests of the Lord especially seeing Saul by this ground must be a private murtherer and David the only lawfull King 3. David if he was formally King deserted his calling in flying to the Philistims for a King should not forsake his Kingdome upon no hazards even of his life no more then a Pilot should give over the helme in an extreme storme but certainly Gods dispensation in this warranteth us to say no man can be formally a lawfull King without the suffrages of the peoâ—leâ— for Saul after Samuel from the Lord anointed him remained a private man and no King till the people made him King and elected him And David anointed by that same divine authoritie remained formally a Subject and not a King till all Israel made him King at Hebron And Salomâ—n though by God designed and ordained to be King yet was never King till the people made him King 1 King 1. ergo there floweth something from the power of the people by which he who is no King now becommeth a King formally and by Gods lawfull call whereas before the man was no King but as touâ—hing all royall power a meere private man And I am sure birth must be lesse then Gods designation to a crowne as is cleere Adoniah was elder then Salomon yet God will have Salomon the younger by birth to be King and not Adoniah And so Mr. Symons and other Court-Prophets must prevaricate who will have birth without the peoples election to make a king and the peoples voyces but a ceremonie 6. I thinke Royalists cannot deny but a people ruled by Aristocraticall Magistrates may elect a King and a King so elected is formally made a lawfull King by the peoples election for of six apt and gifted to reigne what maketh one a King and not the other five Certainly God disposing the people to choose this man and not another man it cannot be said but God giveth the Kingly power immediately and by him Kings raigne that is true The Office is immediately from â—od but now the question is what is that which formally applyeth the Office and Royall Power to this Person rather thâ—n to the other five as meet Nothing can here be dreamed of but God inclining the hearts of the States to choose this man and not this men QUEST V. Whether or no P. P. the Author of Sac. San. Regum Majestas called the sacred and Royall Prerogative of Kings proveth that God is the immediate Author of Soveraignty and that the King is no creature of the peoples making COnsider first that the excommunicated Prelate saith cap. 2. p. 19. Kings are not immediatly from God as by any speciall Ordinance sent from Heaven by the ministery of Angels and Prophets there were but some few such as Moses Saul David c. yet something may immediatly proceed from God and be his speciall worke
Potentes virga justitiae so Lavater and Diâ—datus and Thomas saith this place doth prove That all Kings and Iudges Laws derivari a lege aeterna are derived from the eternall Law The Prelate eating his tongue for anger striveth to prove That all power and so Royall power is of God but what can he make of it we beleeve it though he say Sectaries prove by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That a man is justified by faith onely so there is no power but of God onely but feel the smell of a Iesuite it is the Sectaries doctrine That we are justified by faith onely but the Prelates and the Iesuites goe another way not by faith onely but by works also And all power is from God onely as the first Author and from no man What then Therefore men and people interpose no humane act in making this man a King and not this man It followeth And let us with the Prelate joyn Paul and Solomon together and say That Soveraigntie is from God of God by God as Gods appointment irrevocable Then shall it never follow it is unseparable from the person except you make the King a man immortall as God onely can remove the Crown it is true but God onely can put an unworthy and an excommunicated Prelate from Office and Benefice but how Doth that prove that men and the Church may not also in their place remove an unworthy Church-man when the Church following Gods Word delivereth to Satan Christ onely as head of the Church excommunicateth scandalous men Ergo The Church cannot do it and yet the Argument is as good the one way as the other for all the Churches on earth cannot make a Minister properly they but design him to the Ministery whom God hath gifted and called But shall we conclude ergo no Church on earth but God onely by an immediate action from Heaven can deprive a Minister how then durst Prelates excommunicate unmake and imprison so many Ministers in the three Kingdoms But the truth is take this one Argument from the Prelate and all that is in his Book falleth to the ground to wit Soveraigntie is from God onely A King is a creature of Gods making onely and what then Ergo Soveraigntie cannot be taken from him So God onely made Aarons house Priests 2. Solomon had no Law to depose Abiathar from the Priest-hood Possibly the Prelate will grant all the place Rom. 13. which he saith hath tortured us I refer to a fitter place it will be found to torture Court Parasites I goe on with the Prelate c. 3. Sacred Soveraignty is to be preserved and Kings are to be prayed for that we may lead a godly life 1 Tim. 3. What then 1. All in authority are to be prayed for even Parliaments by that text Pastors are to be prayed for and without them sound religion cannot well subsist 2. Is this questioned but Kings should be prayed for or are we wanting in this duty but it followeth not that all dignities to be prayed for are immediatly from God not from men Prelate Prov. 8. Solomon speaketh first of the establishment of Government before he speake of the workes of Creation ergo better not be at all as be without government And God fixed government in the person of Adam before Evah or any else came into the world and how shall government be and we enjoy the fruits of it except we preserve the Kings sacred Authority inviolable Ans. Moses Gen. 1. speaketh of Creation before he speaketh of Kings and Moses speaketh Gen. 3. of Adams sins before he speakes of redemption through the blessed seed ergo better never be redeemed at all as to to be without sin 2. If God made Adam a governour before he made Evah and any of Mankind he was made a father and a husband before he had either sonne or wife Is this the Prelates Logick he may prove that two eggs on his fathers Table are three this way 3. There is no government where soveraignty is not kept inviolable It is true where there is a King soveraignty must be inviolable What then Arbitrary government is not soveraignty 4. He intimateth Aristocracy and Democracy and the power of Parliaments which maketh Kings to be nothing but Anarchie for he speaketh here of no government but Monarchy P. Prelate there is need of grace to obey the King Ps. 18.43 Ps. 144.2 It is God who subdueth the people under David 2. Rebellion against the King is rebellion against God Pet. 2.17 Prov 24.12 Ergo Kings have a neare alliance with God Ans. 1. There is much grace in Papists and Prelates then who use to write and Preach against grace 2. Lorinus your brother Iesuite will with good warrant of the texts inferre that the King may make a conquest of his own Kingdomes of Scotland and England by the sword as David subdued the Heathen 3. Arbitrary governing hath no alliance with God a rebell to God his Country and an Apostate hath no reason to terme lawfull defence against â—ut-throat Irish rebellion 4. There is need of much grace to obey Pastors inferiour Iudges masters Col. 3.22 23. ergo their power is from God immediatly and no more from men then the King is created King by the people according to the way of Royalists P. Prelate God saith of Pharaoh Exo. 9.7 I have raised thee up Elisha from God constituted the King of Syria 2 King 8.13 Pharaoh Abimelech Hiram Hazael Hadad are no lesse honoured with the compellation of Kings then David Saul c. Ier. 29.9 Nebuchadnezer is honoured to be called by way of excellency Gods servant which God giveth to David a King according to his owne heart and Esay 45.1 2. Thus saith the Lord to his anoynted Cyrus and God nameth him neere a hundreth yeare before he was borne Esay 44.28 He is my shepheard Daniel 2.19 20.17.24 God giveth Kingdomes to whom he will Dan. 5.8 and p. 37. Empires Kingdomes Royalties are not disposed of by the composed contracts of men but by the immediate hand and worke of God Hos. 13.11 I gave them a King in my anger I tooke him away in my wrath Iob He places Kings in the throne c. Ans. Here is a whole Chapter of seven pages for one raw argument ten times before repeated 1. to Exod. 9.7 I have raised up Pharaoh Paul expoundeth it Rom. 9 to prove that King Pharaoh was a vessell of wrath fitted for destruction by Gods absolute Will and the Prelate following Arminius with treasonable charity applyeth this to our King Can this man pray for the King 2. Elisha anoynted but constituted not Hazael King and foretold he should be King and if he be a King of Gods making who slew his sicke Prince and invaded the Throne by innocent bloud judge you I would not take Kings of the Prelates making 3. If God give to Nebuchadnezer the same still of the servant of God given to David Ps. 18.1 116.16 and to Moses Ios. 1 2.
vulgar c. 3. Every action of Christ is our instruction Christ was truely a born King notwithstanding when the people would make him a King he disclaimed it he would not be an arbiter betwixt two brethren differing Answ. I am not to follow the Prelates order every way though God willing I shall reach him in the fore-going Chapters Nor purpose I to answer his treasonable railing against his own Nation and the Iudges of the Land whom God hath set over this seditious excommunicated Apostate He layeth to us frequently the Iesuites Tenets when as he is known himself to be a Papist In this Argument he saith Abimelech did reigne onely three yeers well neer Anti-Christs reign Is not this the basis and the mother principle of Popery That the Pope is not the Antichrist for the Pope hath continued many ages 1. He is not an individuall man but a race of men but the Antichrist saith Belarmine Stapleton Becanus and the nation of Iesuites and Poplings shall be one inviduall man a born Iew and shall reign onely three yeers and a half But 1. The Argument from successe proveth nothing except the Prelate prove their bad successe to be from this because they were chosen of the people When as Saul chosen of God and most of the Kings of Israel and Judah who undeniably had Gods calling to the Crown were not blessed of God and their Government was a ruine to 〈◊〉 people and Religion as the people were removed to all the Kingdoms of the earth for the sins of Manasseh Iere. 15.4 Was therefore Manasseh not lawfully called to the Crown 2. For his instance of Kings unlawfully called to the Crown he bringeth us whole two and telleth us that he doubteth as many learned men do Whether Ieroboam was a King by permission onely or by a commission from God 3. Abimelech was cursed because he wanted Gods calling to the throne for then Israel had no King but Iudges extraordinarily raised up by God and God did not raise him at all only he came to the throne by blood and carnall reasons moving the men of Sechem to advance him The Argument presupposeth that the whole lawfull calling of a King is the voices of the people This we never taught though the Prelate make conquest a just title to a Crown and it is but a title of blood and rapine 4. Abimelech was not the first King but onely a Iudge all our Divines with the Word of God maketh Saul the first King 5. For Ieroboam he had Gods Word and Promise to be King 1 King 11.34 35 37 38. But in my weak judgement he waited not Gods time and way of coming to the Crown but that his coming to the throne was unlawfull because he came by the peoples election is in question 5. That the peoples Reformation and their making a new King was like the Kingdom of Scotlands Reformation and the Parliament of Englands way now is a traiterous calumny For 1. It condemneth the King who hath in Parliament declared all their proceedings to be legall Rehoboam never declared Ieroboams Coronation to be lawfull but contrary to Gods Word made war against Israel 2. It is false that Israel pretended Religion in that change the cause was the rough answer given to the supplication of the Estates complaining of their oppression they were under in Solomons reign 3. Religion is still subjected to policie by Prelates and Caveliers not by us in Scotland who sought nothing but Reformation of Religion of Laws so far as they serve Religion as our Supplications Declarations and the event proveth 4. We have no new Calves new Altars new Feasts but professe and really do hazard life and estate to put away the Prelates Calves Images Tree-worship Altar-worship Saints Feast-dayes Idolatry Masses and nothing is said here but Jesuites and Cananites and Baalites might say though falsly against the Reformation of Iosiah Trueth and purity of worship this yeer is new in relation to Idolatry the last yeer but it is simpliciter older 5. We have not put away the Lords Priests and Levites and taken in the scum of the vulgar but have put away Baals Priests such as excommunicated Prelate Maxwel and other Apostates and resumed the faithfull servants of God who were deprived and banished for standing to the Protestant Faith sworn too by the Prelates themselves 6. Every action of Christ such as his walking on the Sea is not our instruction in that sense that Christs refusing a Kingdom is directly our instruction And did Christ refuse to be a King because the people would have made him a King that is non causa pro causa he refused it because his Kingdom was not in this world and he came to suffer for men not to reign over man 7. The Prelate and others who were Lords of Session and would be Iudges of mens Inheritances and would usurpe the sword by being Lords of Counsell and Parliament have refused to be instructed by every Action of Christ who would not judge betwixt brother and brother P. Prelate Jephtah came to be a Iudge by Covenant betwixt him and the Gileadites here you have an interposed Act of man yet the Lord himself in authorizing him as Iudge vindicateth it no lesse to himself then when extraordinarily he authorized Gideon and Samuel 1 Sam. 12.11 Ergo whatsoever act of man interveeneth it contributeth nothing to Royall Authority it cannot weaken or repeal it Answ. It was as extraordinary that Jepthah a bastard and the sonne of an harlot should be Iudge as that Gideon should be Iudge God vindicateth to himselfe that he giveth his people favour in the eyes of their enemies but doth it follow that the enemies are not agents and to be commended for their humanitie in favouring the people of God So Psal. 65.9 10. God maketh corne to grow therefore clouds and earth and sun and summer and husbandry contributeth nothing to the growing of corne But this is but that which he said before We grant that this is an eminent and singular act of Gods speciall providence that he moveth and boweth the wills of a great multitude to promote such a man who by nature commeth no more out of the wombe a crowned King then the poorest shepherd in the land and it is an act of grace to endue him with heroick and royall parts for the government But what is all this doth it exclude the peoples consent in no wayes So the works of supernaturall grace as to love Christ above all things to beleeve in Christ in a singular manner are ascribed to the rich grace of God but can the Prelate say that the understanding and will in these acts are meere patients and contribute no more then the people contributeth to Royall authority in the King and that is just nothing by the Prelates way And we utterly deny that as water in baptisme hath no action at all in the working of remission of sinnes so the people
say they we will be quit of thine Oath which thou hast made us to swear There be no mutuall contract made upon certain conditions but if the conditions be not fulfilled the party injured is loosed from the contract Barclay saith That this covenant obligeth the King to God but not the King to the people Ans. It is a vaine thing to say that the people and the King make a covenant and that David made a covenant with the Elders and Princes of Israel for if he be obliged to God only and not to the people by a covenant made with the people it is not made with the people at all nay it is no more made with the people of Israel nor with the Chaldeans for it bindeth David no more to Israel nor to Chaldea as a covenant made with men Arnisaeus saith when two parties contract if one performe the duty the other is acquitted Sect. Ex hujusmod ubi vult just de duob reis l. 3. F. because every one of them are obliged fully Sect. 1. Iust. eod to God to whom the Oath is made for that is his meaning and if either the people performe what is sworne to the Lord or the King yet one of the parties remaineth still under obligation and neither doth the peoples obedience exempt the King from punishment if he faile nor the Kings obedience exempt the people if they faile but every one beareth the punishment of his owne sin and there is no mutuall power in the parties to compell one another to performe the promised duty because that belongeth to the Pretor or Magistrate before whom the contract was made The King hath jurisdiction over the people if they violate their Oath but the people hath no power over the Prince and the ground that Arnisaeus layeth downe is that 1. The King is not a party contracting with the people as if there were mutuall obligations betwixt the King and the people and a mutuall coactive power on either side 2. That the care of Religion belongeth not to the people for that hath no warrant in the Word saith he 2. We read not that the people was to command and compell the Priests and the King to reforme Religion and abolish Idolatry as it must follow if the covenant be mutuall 3. Iehoiada 2 King 11. obligeth himselfe and the King and the people by a like law to serve God and here be not two parts but three the high Priest the King the People if this example prove any thing 4. Both King and people shall finde the revenging hand of God against them if they faile in the breach of their Oath but with this difference and every one of the two King and people by the Oath stand obliged to God the King for himselfe and the people for themselves but with this difference the King oweth to God proper and due obedience as any of the subjects and also to governe the people according to Gods true religion Deut. 17. 2 Chro. 29. and in this the Kings obligation differeth from the peoples obligation the people as they would be saved must serve God and the King for the same cause 1 Sam. 12. But besides this the King is obliged to rule and governe the people and keepe them in obedience to God but the people is not obliged to governe the King and keepe him in obedience to God for then the people should have as great power of jurisdiction over the King as the King hath o-over the people which is against the Word of God and the examples of the Kings of Iudah but this commeth not from any promise or covenant that the King hath made with the people but from a peculiar obligation whereby he is obliged to God as a man not as a King This is the mystery of the businesse but I oppose this in these Assertions 1. Assert As the King is obliged to God for the maintenance of true Religion so are the people and Princes no lesse in their place obliged to maintaine true Religion for 1. the people are rebuked because they burnt Incense in all high places 2 King 17.11 2 Chron. 33.17 Hos. 4.13 And the reason why the high places are not taken away 2 Chro. 20.33 is given for as yet the people had not prepared their heart unto the God of their fathers but you will reply elicite acts of maintenance of true Religion are commanded to the people and that the places prove but the question is De actibus imperatis of commanded acts of Religion sure none but the Magistrate is to command others to worship God according to his Word I answer in ordinary only Magistrates not the King only but all the Princes of the Land and Iudges are to maintaine Religion by their commandements Deut. 1.16 2 Chro. 1.2 Deut. 16.19 Eccles. 5.8 Hab. 1.4 Mic. 3.9 Zach. 7.9 Hos. 5.10.11 and to take care of Religion but when the Iudges decline from Gods way and corrupt the Law we finde the people punished and rebuked for it Ier. 15.4 And I will cause them to be removed to all Kingdomes of the earth because of Manasseh the sonne of Hezekiah King of Iudah for that which he did in Ierusalem 1 Sam. 12.24 only feare the Lord 25. But if yee doe still wickedly yee shall be consumed both yee and your King And this case I grant is extraordinary yet so as Iunius Brutus proveth well and strongly that Religion is not given only to the King that he only should keepe it but to all the inferiour Iudges and people also in their kind but because the estates never gave the King power to corrupt Religion and presse a false and Idolatrous worship upon them therefore when the King defendeth not true Religion but presseth upon the people a false and Idolatrous Religion in that they are not under the King but are presumed to have no King catenus so farre and are presumed to have the power in themselves as if they had not appointed any King at all as if we presume the body had given to the right hand a power to ward off strokes and to defend the body if the right hand should by a Palsie or some other disease become impotent and be withered up when ill is comming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it selfe in this case as if the body had no right hand and had never communicated any power to the right hand at all So if an incorporation accused of Treason and in danger of the sentence of death shall appoint a Lawyer to Advocate their cause and to give in their just defences to the Iudge if their Advocate be stricken with dumbnesse because they have losed their legall and representative tongue none can say that this incorporation hath loosed the tongues that Nature hath given them so as by Natures law they may not plead in their own just
lawfull defence as if they had never appointed the foresaid lawyer to plead for them The King as a man is not more obliged to the publick and regall defence of the true Religion then any other man of the land but he is made by God and the people King for the Church and people of God's sake that he may defend true Religion for the behalfe and salvation of all If therefore he defend not Religion for the salvation of the soules of all in his publick and royall way it is presumed as undeniable that the people of God who by the law of nature are to care for their own soule are to defend in their way true Religion which so nearly concerneth them and their eternall happinesse 2 Assert When the covenant is betwixt God on the one part and the King Priests and people on the other part it is true if the one performe for his part to God the whole duty the other is acquitted as if two men be indebted to one man ten thousand pounds if the one pay the whole summe the other is acquitted but the King and People are not so contracting parties in covenant with God as that they are both indebted to God for one and the same sum of compleat obedience so as if the King pay the whole summe of obedience to God the people is acquitted and if the People pay the whole summe the King is acquitted for every one standeth obliged to God for himselfe for the people must doe all that is their part in acquitting the King from his Royall duty that they may free him and themselves both from punishment if he disobey the King of Kings Nor doth the Kings obedience acquit the people from their duty And Arnisaeus dreamed if he believed that we make King and People this way partie 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
D. Ferne M. Simmons the P. Prelate when they draw arguments from the head do but dream as the members should not resist the head Naturall members should not or cannot resist the head though the hand may pull a tooth out of the head which is no small violence to the head But the members of a Politique body may resist the Politique head 2. This or that King is not the adequate and totall Politique head of the Common-wealth and therefore though you cut off a Politique head there 's nothing done against nature If you cut off all Kings of the Royall line and all Governors Aristocraticall both King and Parliament this were against nature And a Common-wealth which would cut off all Governors and all Heads should goe against nature and run to ruine quickly I conceive a societie of reasonable men cannot want Governours 6. The naturall head communicateth life sense and motion to the members and is the seat of externall and internall senses the King is not so Hence Assert 5. the King is not properly the head of a family for 1. as Tholossa saith well de Rep. l. 5. c. 5. Nature hath one intention in making the thumbe another intention in making the whole hand another in forming the body so there is one intention of the God of nature in governing of one man another in governing a Familie another in governing a Citie nor is the thumbe King of all the members so domestick government is not Monarchicall properly 1. The mother hath a parentall power as the father hath Prov. 4.5 10.3 31.17 so the 5. Command saith Honour thy father and thy mother 2. Domestick government is naturall Monarchicall politique 3. Domestick is necessary Monarchicall is not necessary other governments may be as well as it 4. Domestick is universall Monarchicall not so 5. Domesticall hath its rise from naturall instinct without any farther instruction a Monarchicall government is not but from election choosing one Government not another Hence that is a fiduciarie power or a power of trust wherein 1. the thing put in trust is not his own proper either heritage or gift so as he may dispose of it as he pleaseth as men dispose of their goods or heritage But the King may not dispose of men as men as he pleaseth nor 2. of Lawes as he pleaseth nor 3. of governing men killing or keeping alive punishing and rewarding as he pleaseth 2. My life and Religion and so my Soule in some cases are committed to the King as to a publick Watchman even as the flock to the feeder the Citie to the Watchmen And he may berray it to the Enemy Ergo he hath the trust of Life and Religion and hath both tables of the Law in his custodie ex officio to see that other men then himselfe keep the Law But the Law is not the Kings own but given to him in trust 3. He who receiveth a Kingdom conditionally may be dethroned if he sell it or put it away to any other is a fiduciarie Patron and hath it only in trust So Hottoman quest ill 1. Ferdinand Vasquez illust quest l. 1. c. 4. Althusius polit c. 24. n. 35. so saith the law of every Factor or Deputy l. 40. l. 63. procur l. 16. C. dict 1. Antigonus dixit Regnum esse nobilem servitutem Tyberius Caesar called the Senate Dominum suum his Lord. Suetonius in vita Tiberii c. 29. QUEST XVIII What is the law of the King and his Power 1 Sam. 8.11 This will be the manner of the King who shall reigne over you c. THis place 1 Sam. 8 9. and v. 11. The law or manner of the King is alleadged to prove both the absolute power of Kings and 2. the unlawfulnesse of resistance therefore I crave leave here to vindicate the place and to make it evident to all that the place speaketh for no such matter 1. Hug. Grotius argueth thus that by this place the people oppressed with injuries of a Tyrannous King have nothing left them but prayers and cries to God and therefore there is no ground for violent resisting Barclay will have us to distinguish inter officium Regis potestatem between the Kings office and the Kings power And he will have the Lord here speaking not of the Kings office what he ought to doe before God but what power a King hath beside and above the power of Judges to tyrannize over the people so as the people hath no power to resist it He will have the Office of the King spoken of Deut. 17. and the Power of the King 1 Sam. 8. and that power which the People was to obey and submit unto without resisting But I answer 1. It is a vaine thing to distinguish betwixt the office and the power for the power is either a power to rule according to Gods law as he is commanded Deut. 17. and this is the very office or officiall power which the King of Kings hath given to all Kings under him and this is a power of the Royall office of a King to governe for the Lord his maker or this is a power to doe ill and tyrannize over Gods people but this is accidentall to a King and the character of a Tyrant and is not from God and so the Law of the King in this place must be the Tyranny of the King which is our very mind 2. Barclay Reges sine dominatione ne concipi quidem possunt Iudices dominationem in populum minimè habebant Hence it is cleare that Barclay saith that the Iudges of Israel and the Kings are different in essence and nature so that domination is so essentiall to a King that you cannot conceive a King but he must have domination whereas the Iudges of Israel had no domination over the people Hence I argue that whereby a King is essentially distinguished from a Iudge that must be from God but by domination which is a power to oppresse the subject a King is essentially distinguished from a Iudge of Israel Ergo Domination and a power to do Acts of Tyranny as they are expressed Verse 11 12 13. and to oppresse a subject is from God and so must be a lawfull power but the conclusion is absurd the assumption is the doctrine of Barclay The major proposition I prove 1. Because both the Iudge and the King was from God for God gave Moses a lawfull calling to be a Iudge so did he to Eli to Samuel and Deut. 17.15 the King is a lawfull Ordinance of God If then the Judge and the King be both lawfull Ordinances and if they differ essentially as Barclay saith then that specifice forme which distinguisheth the one from the other to wit Domination and a power to destroy the subject must be from God which is blasphemous for God can give no morall power to do wickedly for that is licence and a power to sin against a Law of God which is absolutely
God and the people is only the instrumentall cause and Spalato saith that the people doth indirectly only give Kingly power because God at their act of election ordinarily giveth it Ans. The Scripture saith plainly as we heard before the people made Kings and if they doe as other second causes produce their effects it is all one that God as the principall cause maketh Kings else we should not argue from the cause to the effect amongst the creatures 2. God by that same action that the people createth a King doth also by them as by his instruments create a King and that God doth not immediatly at the naked presence of the act of popular election conferre Royall dignity on the man without any action of the people as they say by the Churches act of conferring Orders God doth immediatly without any act of the Church infuse from Heaven supernaturall habilities on the man without any active influence of the Church is evident by this 1. The Royall power to make Lawes with the King and so a power eminent in their states representative to governe themselves is in the people for if the most high act of Royalty be in them why not the power also and so what need to fetch a Royall power from Heaven to be immediatly infused in him seeing the people hath such a power in themselves at hand 2. The people can and doth limite and bind Royall power in elected Kings ergo they have in them Royall power to give to the King those who limit power can take away so many degrees of Royall power and those who can take away power can give power and it is unconceiveable to say that people can put restraint upon a power immediatly comming from God if Christ immediatly infuse an Apostolick spirit in Paul mortall men cannot take from him any degrees of that infused spirit if Christ infuse a spirit of nine degrees the Church cannot limit it to six degrees only but Royalists consent that the people may choose a King upon such conditions to raigne as he hath Royall power of ten degrees whereas his Ancester had by birth a power of foureteen degrees 3. It is not intelligible that the Holy Ghost should give Commandement to the people to make such a man King Deut. 17.15 16. and forbid them to make such a man King if the people had no active influence in making a King at all but God solely and immediately from Heaven did infuse Royalty in the King without any action of the people save a naked consent only and that after God had made the King they should approve only with an after-act of naked approbation 4. If the people by other Governours as by heads of families and other choise men governe themselves and produce these same formall effects of Peace Justice Religion on themselves which the King doth produce then is there a power of the same kind and as excellent as the Royall power in the people and no reason but this power should be holden to come immediatly from God as the Royall Power for it is every way of the same nature and kind and as I shall prove Kings and Iudges differ not in nature and spece but it is experienced that people doe by Aristocraticall guides governe themselves c. so then if God immediatly infuse Royalty when the people chooseth a King without any action of the people then must God immediatly infuse a beame of governing on a Provost and a Bailiffe when the people choose such and that without any action of the people because all Powers are in abstracto from God Rom. 13.2 and God as immediatly maketh inferiour Iudges as superiour Prov. 8.16 and all promotion even to be a Provost or Major commeth from God only as to be a King except Royalists say all promotion commeth from the East and from the West and not from God except promotion to the Royall Throne the contrary whereof is said Ps. 75.6 7. 1 Sam. 2.7 8. not only Kings but all Judges are Gods Ps. 82.1 2. and therefore all must be the same way created and moulded of God except by Scripture Royalists can shew us a difference An English Prelate giveth Reasons why People who are said to make Kings as efficients and Authors cannot unmake them the one is because God as chief and sole supreame Moderator maketh Kings but I say Christ as the chiefe Moderator and head of the Church doth immediatly conferre abilities to a man to be a Preacher and though by industry the man acquire abilities yet in regard the Church doth not so much as instrumentally conferre those abilities they may be said to come from God immediatly in relation to the Church who calleth the man to the ministery yea Royalists as our excommunicated Prelate learned from Spalato say that God at the naked presence of the Churches call doth immediatly infuse that from Heaven by which the man is now in Holy Orders and a Pastor whereas he was not so before and yet Prelates cannot deny but they can unmake Ministers and have practised this in their unhallowed Courts and therefore though God immediatly without any action of the people make Kings this is a weake reason to prove they cannot unmake them As for their undeleble character that Prelates cannot take from a Minister it is nothing if the Church may unmake a Minister though his character goe to prison with him we seeke no more but to anull the reason God immediatly maketh Kings and Pastors ergo no power on earth can unmake them this consequence is as weake as water 2. The other cause is because God hath erected no Tribunall on earth higher then the Kings Tribunall ergo no power on earth can unmake a King the Antecedent and consequence is both denyed and is a begging of the question for the Tribunall that made the King is above the King 2. Though there be no Tribunall formally regall and Kingly above the King yet is there a Tribunall vertuall eminently above him in the case of tyranny for the States and Princes have a Tribunall above him 3. To this the constituent cause is of more power and dignity then the effect and so the people is above the King The P. Prelate borrowed an answer from Arnisaeus and Barclay and other Royalists and saith If we knew any thing in Law or were ruled by reason Every constituent saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words where the constituent hath resigned all his power in the hand of the Prince whom hâ— constitutes is of more worth and power then he in whose hand they resigne the power so the proposition is false The servant who hath constituted his Master Lord of his liberty is not worthier then his Master whom he hath made his Lord and to whom he hath given himselfe aâ— a slave for after he hath resigned his liberty he cannot repent he
to resist either is to resist the ordinance of God v. 2. both are by Office a terrour to evill workes v. 3. 3. both are the Ministers of God for good 2. Though the King send and give a call to the inferiour Iudge that doth no more make the inferiour Iudges powers in nature and spece different then Ministers of the Word called by Ministers of the Word have Offices different in nature Timotheus Office to be Preacher of the Word differeth not in specie from the Office of the Presbytery which layed hands on him though their Office by extension be more then Timothies Office 3. The peoples power is put forth in those same acts when they choose one to be their King and supreame Governour and when they set up an Aristocraticall Government and choose many or more then one to be their Governours for the formall object of one or many Governours is Iustice and Religion as they are to be advanced 2. The forme and manner of their opperation is brachio seculari by a coactive power and by the sword 3. The formall acts of King and many Iudges in Aristocracy are these same the defending of the poore and needy from violence the conservation of a Community in a peaceable and a godly life 1 Tim. 2. 2 Iob 29.12 13. Esay 1.17 4. These same Lawes of God that regulateth the King in all His Acts of Royall Government and tyeth and obligeth his conscience as the Lords Deputy to execute Iudgement for God and not in the stead of men in Gods Court of Heaven doth in like manner tye and oblige the conscience of Aristocraticall Iudges and all inferiour Iudges as is cleare and evident by these places 1 Tim. 2.2 not only Kings but all in authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are obliged to procure that their subjects leade a quiet and peaceable life in all godlinesse and honesty All in conscience are obliged Deut. 1.16 to judge righteously between every man and his brother and the stranger that is with them 17. Neither are they to respect persons in judgement but are to heare the small as well as the great nor to be affraid of the face of men the judgement administred by all is Gods 2. Chro. 19.6 All are obliged to feare God Deut. 17.19.20 to keepe the words of the Law not to be lifted up in heart above their brethren Esay 1.17 Ier. 22.2 3. Let any man show me a difference according to Gods Word but in the extention that what the King is to doe as a King in all the Kingdome and whole Dominions if God give to him many as he gave to David and Solomon and Ioshua that the inferiour Iudges are to doe in such and such Circuits and limited places and I quit the cause so as the inferiour Iudges are little Kings and the King a great and delated Iudge as a compressed hand or fist and the hand stretched out in fingers and thumbe are one hand so here 4. God owneth inferiour Iudges as a congregation of Gods Ps. 82.1.2 for that God sitteth in a congregation or Senate of Kings or Monarches I shall not beleeve till I see Royalists shew to me a Common-wealth of Monarches convening in one Iudicature all are equally called Gods Ioh. 10.35 Exod. 22.8 if for any cause but because all Iudges even inferiour are the immediate Deputies of the King of Kings and their sentence in Iudgement as the sentence of the Iudge of all the earth I shall be informed by the P. Prelate when he shall answer my reasons if his interdicted Lordship may cast an eye to a poore Presbyter below and as wisedome is that by which Kings raigne Prov. 8.15 so also v. 16. by which Princes Rule and Nobles even all the Iudges of the earth all that is said against this is That the King hath a Prerogative Royall by which he is differenced from all Iudges in Israel called jus regis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for saith Barclay The King as King essentially hath a Domination and power above all so as none can câ—nsure him or punish him but God because â—here be no thrones above his but the throne of God The Iudges of Israel 〈◊〉 Samuel Gedeon c. had no domination the dominion was in Gods hand 2. Wee may resist an inferior Iudge saith Arnisaeus otherwise there were no appeale from him and the wrong we suffer were irreparable as saith Marantius And all the Iudges of the earth saith Edw. Symmons are from God more remotely namely mediante Rege by the mediation of the Supreame even as the lesser starres have their light from God by the mediation of the Sun To the first I answer There was a difference betwixt the Kings of Israel and their Iudges no question but if it be an essentiall difference it is a question for 1. The Iudges were raised up in an extraordinary manner out of any Tribe to defend the people and vindicate their libertie God remaining their King the King by the Lords appointment was tyed after Saul to the Royall tribe of Judah till the Messiahs comming God tooke his own blessed libertie to set up a succession in the ten tribes 2. The Iudges were not by succession from father to sonne the Kings were as I conceive for the typicall eternitie of the Messiahs throne presignified to stand from generation to generation 3. Whether the Iudges were appointed by the election of the people or no some doubt because Iepthah was so made Iudge but I thinke it was not a law in Israel that it should be so but the first mould of a King Deut. 17. is by election But that God gave power of domineering that is of Tyrannizing to a King so as he cannot be resisted which he gave not to a Iudge I thinke no Scripture can make good For by what Scripture can Royalists warrant to us that the people might rise in armes to defend themselves against Moses Gideon Eli Samuel and other Iudges if they should have tyrannized over the people and that it is unlawfull to resist the most Tyrannous King in Israel and Iudah Yet Barclay and others must say this if they be true to that principle of Tyranny That the jus Regis the law or manner of the King 1 Sam. 8.9 11. 1 Sam. 10.25 doth essentially difference betwixt the Kings of Israel and the Iudges of Israel but we thinke God gave never any power of Tyranny to either Iudge or King of Israel and domination in that sense was by God given to none of them 2. Arnisaeus hath as little for him to say the inferior Magistrate may be resisted because we may appeale from him but the King cannot be resisted quia sanctitas Majestatis id non permittit the sanctitie of Royall majestie will not permit us to resist the King Ans. That is not Pauls argument to prove it unlawfull to resist Kings as Kings and doing their office because of the sanctitie of their Majestie that is as the
can it be called a wronging of the King that all cities and Burroughs of Scotland and England have power to choose their owne Provests Rulers and Majors 4. If it be warranted by God that the lawfull Call of God to the Throne be the election of the people the call of inferiour Iudges must also be from the people mediatly or immediatly So I see no ground to say that the inferiour Iudge is the Kings Vicegerent or that he is in respect of the King or in relation to supreme Authority only a private man 12. These Iudges cannot but be univocally and essentially Iudges no lesse then the King without which in a Kingdome Iustice is Physically unpossible and Anarchie and violence and confusion must follow if they be wanting in the Kingdome But without inferiour Iudges though there be a King Iustice is Physically unpossible and Anarchie and confusion must follow c. Now this Argument is more considerable that without inferiour Iudges though there be a King in a Kingdome Iustice and safety are unpossible and if there be inferiour Iudges though there be no King as in Aristocracy and when the King is dead and another not Crowned or the King is Minor or absent or a captive in the enemies Land yet justice is possible and the Kingdome preserved the Medium of the Argument is grounded upon Gods Word Num. 11.14 15. when Moses is unable alone to judge the people seventy Elders re-joyned with him 16.17 so were the Elders adjoyned to helpe him Exo. 24.1 Deut. 5.23 c. 22.16 Iosh. 23.2 Iudg. 8.14 Iudg. 11.5 Iudg. 11.11 1 Sam. 11.3 1 King 20.7 2 King 6.32 2 Chro. 34.29 Ruth 4.4 Deut. 19.12 Ezech. 8.1 Lament 1.19 then were the Elders of Moab thought they had a King 2. The end naturall of Iudges hath been indigence and weaknesse because men could not in a society defend themselves from violence therefore by the light of nature they gave their power to one or more and made a Iudge or Iudges to obtaine the end of selfe preservation But Nature useth the most efficacious meanes to obtaine its end but in a great society and Kingdome the end is more easily attained by many Governours then by one only for where there is but one he cannot minister Iustice to all and the farther that the children are removed from their father and tutor they are the nearer to violence and unjustice Iustice should be at as easie a rate to the poore as a draught of water Samuel went yearely through the Land to Bethell Gilgall Mizpeh 1 Sam. 7.16 and brought Iustice to the doores of the poore So were our Kings of Scotland obliged to doe of old but now justice is as deare as gold it is not a good argument to prove inferior Iudges to be only Vicars and Deputies of the King because the King may censure and punish them when they pervert judgement 1. Because the King in that punisheth them not as Iudges but as men 2. That might prove all the Subjects to be Vicars and Deputies of the King because he can punish them all in the case of their breach of lawes QUEST XXI What power the People and States of Parliament have over the King and in the State IT is true the King is the head of the Kingdome but the States of the Kingdome are as the temples of the head and so as essentially parts of the head as the King is the crown of the head Assert 1. These Ordines Regni the States have been in famous Nations so there were fathers of families and Princes of Tribes amongst the Jewes The Ephori amongst the Lacedemonians Polyb. hist. l. 6. The Senate amongst the Romanes The sorum Superbiense amongst the Arragonians The Parliaments in Scotland England France Spaine 2 Sam. 3.17 Abner communed with the Elders of Israel to bring the King home And there were Elders in Israel both in the time of the Judges and in the time of the Kings who did not only give advice and counsell to the Judges and Kings but also were Iudges no lesse then the Kings and Iudges which I shall make good by these places Deut. 21.19 The rebellious Son is brought to the Elders of the Citie who had power of life and death and caused to stone him Deut. 22.18 The Elders of the Citie shall take that man and chastise him Iosh. 20.4 But beside the Elders of every Citie there were the Elders of Israel and the Princes who had also judiciall power of life and death as the Iudges and King had Josh. 22.30 Even when Ioshua was Iudge in Israel the Princes of the Congregation and heads of the Thousands of Israel did judicially cognosce whether the Children of Reuben of Gad and of halfe the tribe of Manasseh were apostates from God and the Religion of Israel 2 Sam. 5.3 All the Elders of Israel made David King at Hebron and Num. 11. They are appointed by God not to be the advisers only and helpers of Moses but v. 14 17. to beare a part of the burden of ruling and governing the people that Moses might be eased Jeremiah is accused c. 26.10 upon his life before the Princes Iosh. 7.4 The Princes sit in judgement with Ioshua Iosh. 9.15 Ioshua and the Princes of the Congregation sware to the Gibeonites that they would not kill them The Princes of the house of Israel could not be rebuked for oppression in judgement Mic. 3.1 2 3. if they had not had power of judgement So Zeph. 3.3 And Deut. 1.17 2. Chron. 19.6 7. They are expresly made Iudges in the place of God And 1 Sam. 8.2 without advise or knowledge of Samuel the supreme Iudge they conveene and ask a King and without any head or superior when there is no King they conveene a Parliament and make David King at Hebron And when David is banished they conveen to bring him home againe when Tyrannous Athalia reigneth they conveene and make Ioash King and that without any King And Iosh. 22. there is a Parliament conveened and for any thing we can read without Ioshua to take cognisance of a new Altar It had been good that the Parliaments both of Scotland and of England had conveened though the King had not indicted and summoned a Parliament without the King to take order with the wicked Clergie who had made many idolatrous Altars And the P. Prelate should have brought an argument to prove it unlawfull iu foro Dei to set up the Tables and Conventions in our Kingdome when the Prelates were bringing in the grossest idolatrie into the Church a service for adoring of Altars of Bread the worke of the hand of the Bakeâ— a God more corruptible then any god of silver and gold And against Achabs will and minde 1 King 18 19. Elias causeth to kill the Priests of Baal according to Gods expresse law It is true it was extraordinary but no otherwise extraordinary then it is at this day When the supreme Magistrate
sent them Ans. 1. The Ambassadour is not to accept an unjust Ambassage that fighteth with the Law of nature 2. The Ambassadour and the Iudge differ the Ambassadour is the King and States Deputy both in his call to the Ambassage and also in the matter of the Ambassage for which cause he is not to transgresse what is given to him in Writ as a Rule but the inferiour Iudges and the high Court of Parliament though they were the Kings Deputies as the Parliament is in no sort his Deputy but he their Deputy Royall yet it is only in respect of their call not in respect of the matter of their Commission for the King may send the Iudge to judge in generall according to the Law and Iustice and Religion but he cannot depute the sentence and command the conscience of the Judge to pronounce such a sentence not such the inferiour Iudge in the act of judging is as independent and his conscience as immediatly subject to God as the King therefore the King owes to every sentence his approbative suffrage as King but not his either directive suffrage nor his imperative suffrage of absolute pleasure 6. If the King should sell his Country and bring in a forraigne Army the estates are to convene to take course for the safety of the Kingdome 7. If David exhort the Princes of Israel to helpe King Solomon in governing the Kingdome in building the Temple 2 Chron. 32.3 Ezechiah tooke counsell with his Princes and his mighty men in the matter of holding off the Assyrians who were to invade the Land if David 1 Chron. 13.1 2 3 4. consult with the Captaines of thousands and hundreds to bring the Arke of God to Kireath joarim if Solomon 1 King 8.1 Assemble the Elders of Israel and all the Heads of the Tribes and the chief of the fathers to bring the Arke of the Tabernacle to the congregation of the Lord. And Achab gather together the States of Israel in a matter that nearely concerned Religion If the Elders and people 1 King 20.8 counsell and decree that King Achab should hearken to Benhadad King of Syria and if Ahasuerus make no Decrees but with consent of his Princes Ester 1.21 nor Darius any Act without his Nobles and Princes if Hamor and Schechem Genes 34.20 would not make a Covenant with Iacobs Sons without the consent of the men of the City and Ephron the Hittite would not sell Abraham a buriall place in his Land without the consent of the children of Heth Gen. 23.10 Then must the estates have a power of judging with the King or Prince in matters of Religion Iustice and Government which concerne the whole Kingdome but the former is true by the Records of Scripture ergo so is the latter 8. The men of Ephraim complaine that Iephtah had gone to warre against the children of Ammon without them and hence rose warre betwixt the men of Ephraim and the men of Gilead Iud. 12.1 2 3. and the men of Israel fiercely contend with the men of Iudah because they brought King David home againe without them pleading that they were therein dispised 2 Sam. 19.41 42 43. which evinceth that the whole States have hand in matters of publick government that concerne all the Kingdome and when there is no King Iudg. 20. The chiefe of the people and of all the Tribes goe out in battell against the children of Benjamin 9. These who make the King and so have power to unmake him in the case of Tyranny must be above the King in power of Government but the Elders and Princes made both David and Saul Kings 10. There is not any who say that the Princes and people 1 Sam. 14. did not right in rescuing innocent Ionathan from death against the Kings Will and his Law 11. The speciall ground of Royalists is to make the King the absolute supreame giving all life and power to the Parliament and States and of meere grace convening them So Ferne the Author of Ossorianum p. 69. but this ground is false because the Kings power is fiduciary and put in his hand upon trust and must be ministeriall and borrowed from these who put him in trust and so his power must be lesse and derived from the Parliament but the Parliament hath no power in trust from the King because the time was when the man who is the King had no power and the Parliament had the same power that they now have and now when the King hath received power from them they have the whole power that they had before That is to make Lawes and resigned no power to the King but to execute Lawes and his convening of them is an Act of Royall Duty which he oweth to the Paliament by vertue of his Office and is not an act of grace for an act of grace is an act of free Will and what the King doth of free Will he may not doe and so he may never convene a Parliament But when David Salomon Asa Ezekiah Iehosaphat Achas convened Parliaments they convened Parliaments as Kings and so Ex debito virtute officii out of debt and Royall Obligation and if the King as the King be Lex animata a breathing and living Law the King as King must doe by obligation of Law what he doth as King and not from spontaneous and Arbitrary grace 2. If the Scripture holds forth to us a King in Jsrael and two Princés and Elders who made the King and had power of life and death as we have seene then is there in Israel Monarchy tempered with Aristocracy and if there were Elders and Rulers in every City as the Scripture saith here was also Aristocracy and Democracy And for the warrant of the power of the Estates I appeale to Iurists and to approved Authors Argu. l. aliud 160. § 1. De Iur. Reg. l. 22. Mortuo de fidei l. 11.14 ad Mum. l. 3.1.4 Sigonius De Rep. Iudaeor l. 6. c. 7. Cornelius Bertramo c. 12. Iunius Brutus Vindic. contra Tyran § 2. Author Libelli de jur Magistrat in subd q. 6. Althus Politic. c. 18. Calvin Institut l. 4. c. 20. Pareus Coment in Rom. 13. Pet. Martyr in Lib. Iudic. c. 3. Ioan. Marianus de rege Lib. 1. c. 7. Hottoman de jure Antiq. Regni Gallici l. 1. c. 12. Buchanan De jure Regni apud Scotos Obj. The King after a more noble way representeth the people then the Estates doth for the Princes and Commissioners of Parliament have all their power from the people and the peoples power is concentricated in the King Ans. The Estates taken collectively doe represent the people both in respect of Office and of persons because they stand Iudges for them for many represent many ratione numeri officii better then one doeth The King doth unproperly represent the people though the power for actuall execution of Lawes be more in the King yet a legislative power is more in the
Estates Neither will it follow that if the Estates of a Kingdome doe any thing but counsell a King they must then command him for a legall and judiciall advice hath influence in the effect to make it a Law not on the Kings Will to cause him give the being of a Law to that which without his Will is no Law for this supponeth that he is only Iudge Obj. What power the people reserveth they reserve it to themselves in unitate as united in a Parliament and therefore what they doe out of a Parliament is tumultous Ans. I deny the consequence they reserve the power of selfe preservation out of a Parliament and a power of convening in Parliament for that effect that they may by Common Counsell defend themselves QUEST XXII Whether the power of the King as King be absolute or dependent and limited by Gods first mould and paterne of a King DOctor Ferne sheweth us it was never his purpose to plead for absolutenesse of an Arbitrary commandement free from all Morall restraint laid on the power by Gods Law but only he striveth for a power in the King that cannot be resisted by the subject But truely we never disputed with Royalists of any absolute power in the King free from Morall subjection to Gods Law 1. Because any bond that Gods Law imposeth on the King it commeth wholly from God and the nature of a Divine Law and not from any voluntary contract or covenant either expresse or tacito betwixt the King and the people who made him King for if he faile against such a covenant though he should exceed the cruelty of a King or a man and become a Lion and a Nero a Mother-killer he should in all his inhumanity and breach of covenant be countable to God not to any man on earth 2. To dispute with Royalists if Gods Law lay any Morall restraint upon the King nor to dispute whether the King be a rationall man or no and whether he can sin against God and shall cry in the day of Gods wrath if he be a wicked Prince Hills fall on us and cover us as it is Revel 6.15 16. and whether Tophet be prepared for all workers of iniquity and certainly I justifie the Schoole-men in that question Whether or no God could have created a rationall creature such a one as by nature is impeccable and not naturally capable of sinne before God if Royalists dispute this question of their absolute Monarch they are wicked Divines 2. We plead not at this time saith the Prelate stealing from Grotius Barclaius Arnisaeus who spake it with more sinewes of reason for a masterly or despoticall or rather a slavishing Soveraignty which is Dominium herile an absolute power such as the great Turke this day exerciseth over his subjects and the King of Spaine hath over and in his territories without Europe we maintain only regiam potestatem quae fundatur in paterna such royall fatherly Soveraignty as we live under blessed be God and our predecessors This saith he as it hath its Royall Prerogative inherent to the Crowne naturally and inseparable from it so it trencheth not upon the liberty of the person or the property of the goods of the subject but in and by the lawfull and just acts of jurisdiction Ans. 1. Here is another absolute power disclaimed to be in the King he hath not such a masterly and absolute liberty as the Turke hath Why Iohn P. P. in such a tender and high point as concerneth soule and body of subjects in three Christian Kingdomes you should have taught us 1. What bonds and fetters any covenant or paction betwixt the King and people layeth upon the King why he hath not as King the power of the great Turke I will tell you The Great Turke may command any of his subjects to leape into a mountaine of fire and burne himselfe quick in conscience of obedience to his Law And what if the subject disobey the Great Turk if the Great Turke be a lawfull Prince as you will not deny And if the King of Spaine should command forraine conquered slaves to doe the like By your Doctrine neither the one nor the other were obliged to resist by violence but to pray or fly which both were to speake to stones and were like the man who in case of ship-wrack made his devotion of praying to the waves of the sea not to enter the place of his bed and drowne him But a Christian King hath not this power Why and a Christian King by Royalists doctrine hath a greater power then the Turke if greater can be he hath power to command his subjects to cast themselves into Hell-fire that is to presse on them a service wherein it is written Adore the worke of mens hands in the place of the living God and this is worse then the Turkes commandement of bodily burning quick And what is left to the Christian Subjects in this case is the very same and no other then is left to the Turkish and forraigne Spanish subject Either flee or make prayers There is no more left to us 2. Many Royalists maintaine that England is a conquered Nation Why then see what power by law of Conquest the King of Spaine hath over his slaves the same must the King of England have over his subjects For to Royalists a title by Conquest to a Crown is as lawfull as a title by birth or election For lawfulnesse in relation to Gods law is placed in an indivisible point if we regard the essence of lawfulnesse And therefore there is nothing left to England but that all Protestants who take the oath of a Protestant King to defend the true Protestant Religion should after prayers conveyed to the King through the fingers of Prelates and Papists leave the Kingdome empty to Papists Prelates and Atheists 3. All power restrained that it cannot arise from ten degrees to foureteen from the Kingly power of Saul 1 Sam. 8.9 11. to the Kingly power of the Great Turke to fourteen 1. must either be restrained by Gods law 2. or by Mans law or 3. by the innate goodnes and grace of the Prince or 4. by the providence of God A restraint from Gods law is vaine for it is no question between us and Royalists but God hath laid a morall restraint on Kings and all men that they have not morall power to sinne against God 2. Is the restraint laid on by mans law What law of man 1. The Royalist saith 1. The King as King is above all law of man Then say I no law of man can hinder the Kings power of ten to arise to the Turkish power of foureteen 2. All law of man as it is mans law is seconded either with Ecclesiasticall and spirituall coaction such as Excommunication or with Civill and temporall coaction such as is the Sword if it be violated But Royalists deny that either the sword of the Church in Excommunication or the
not a power of meere Grace But 1. Though Princes may doe some things of Grace yet not of meere Grace because what Kings doe as Kings and by vertue of their Royall office that they do ex debito officii by debt and right of their office and that they cannot but do it not being arbitrarie to them to doe the debtfull acts of their office But what they doe of meere grace that they doe as good men and not as Kings and that they may not doe As for example Some Kings out of their pretended prerogative have given foure pardons to one man for foure murthers Now this the King might have left undone without sinne But of meere grace he pardoned the murtherer who killed foure men But the truth is the King killed the three last because he hath no power in point of Conscience to dispute with blood Num. 35.31 Gen. 9.6 These pardons are acts of meere grace to one man but acts of blood to the Communitie 2. Because the Prince is the Minister of God for the good of the subject and therefore the Law saith He cannot pardon and free the guilty of the punishment due to him Contra l. quod favore F. de leg l. non ideo minus F. de proc l. legata inutiliter F. de lega 1. And the reason is cleare He is but the minister of God a revenger to execute wrath upon him that doth evill And if the Judgement be the Lords not mans not the Kings as it is indeed Deut. 1.17 2 Chron. 19.6 he cannot draw the sword against the innocent nor absolve the guiltie except he would take on himselfe to carve and dispose of that which is proper to his master Now certaine it is God only univocally and essentially as God is the Judge Ps. 75.7 and God only and essentially King Ps. 97.1 Ps. 99.1 and all men in relation to him are meere ministers servants legates deputies and in relation to him equivocally and improperly Iudges or Kings and meere created and breathing shadowes of the power of the King of Kings And looke as the Scribe following his own device and writing what sentence he pleaseth is not an officer of the Court in that point nor the pen and servant of the Iudge so are Kings and all Iudges but forged intruders and bastard Kings and Iudges in so far as they give out the sentences of men and are not the very mouthes of the King of Kings to pronounce such a sentence as the Almighty himselfe would doe if he were sitting on the Throne or Bench. 3. If the King from any supposed prerogative Royall may doe acts of meere grace without any warrant of Law because he is above Law by office then also may he doe acts of meere rigorous Iustice and kill and destroy the innocent out of the same supposed Prerogative For Gods word equally tyeth him to the place of a meere minister in doing good as in executing wrath on evill doers Rom. 13.3 4. And reason would say he must be as absolute in the one as in the other seeing God tieth him to the one as to the other by his office and place yea by this acts of Iustice to ill-doers and acts of reward to well-doers shall be arbitrary morally and by vertue of office to the King and the word Prerogative Royall saith this for the word Prerogative is a supreme power absolute that is loosed from all Law and so from all reason of Law and depending on the Kings meer and naked pleasure and will and the word Royall or Kingly is an Epithete of office and of a Iudge a created and limited Iudge and so it must tye this supposed Prerogative to Law Reason and to that which is debitum legale officii and a legall duty of an office and by this our masters the Royalists make God to frame a rationall creature which they call a King to frame acts of Royalty good and lawfull upon his own meer pleasure and the super-dominion of his will above a Law and Reason And from this it is that deluded Counsellours made King James a man not of shallow understanding and King Charls to give pardons to such bloody murtherers as James a Grant and to go so far on by this supposed Prerogative Royall that King Charls in Parliament at Edinburgh 1633. did command an high point of Religion That Ministers should use in officiating in Gods service such Habits and Garments as he pleaseth that is all the Attire and Habits of the idolatrous Masse-Priests that the Romish Priests of Baal useth in the oadest point of idolatry the adoring of Bread that the earth has and by this Prerogative the King commanded the Service Book in Scotland An. 1637. without or above Law and Reason And I desire any man to satisfie me in this If the Kings Prerogative Royall may over-leap Law and Reason in two degrees and if he may as King by a Prerogative Royall command the body of Popery in a Popish Book If he may not by the same reason over-leap Law and Reason by the elevation of twenty degrees And if you make the King a Iulian God avert and give the spirit of revelation to our King may he not command all the Alcaron and the Religion of the Heathen and Indians Royalists say The Prerogative of Royalty excludeth not reason and maketh not the King to do as a brute beast without all reason but it giveth a power to a King to do by his Royall pleasure not fettered to the dictates of a Law for in things which the King doth by his Prerogative Royall he is to follow the advice and counsell of his wise counsell though their counsell and advice doth not binde the Royall will of the King I answer it is to me and I am sure to many Learneder a great question If the will of any reasonable creature even of the damned angels can will or chose any thing which their reason corrupted as it is doth not dictate hic nunc to be good For the object of the will of all men is good either truely or apparently good to the doer for the devill could not suite in marriage souls except he war in the cloths of an Angel of light sin as sin cannot sell or obtrude it self upon any but under the notion of good I think it seemeth good to the great Turk to command innocent men to cast themselves over a precipie two hundreth fadom high in the Sea and drown themselves to pleasure him So the Turks reason for he is rationall if he be a man dictateth to his vast pleasure that that is good which he commandeth 2. Counsellours to the King who will speak what will please the Queen are but naked empty Titles for they speak que placent non que prosunt what may please the King whom they make glad with their lies not what law and reason dictateth 3. Absolutenesse of an unreasonable Prerogative doth not deny
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
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
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
superintendent power in the Communitie Some Sectaries follow them and warrant any individuall person to make away a King in case of defects and the worke is to be rewarded as when one killeth a ravenous Wolfe Some will have it in a collective body but how not met together by warrant or writ of Soveraigne Authoritie but when fancie of reforming Church and State calleth them Some will have the power in the Nobles and Peeres some in the three Estates assembled by the Kings Writ some in the inferior Iudges I know not where this power to curbe Soveraigntie is but in Almighty God Ans. 1. Iesuites and Puritans differ infinitely true Jesuites deny the Pope to be Antichrist hold all Arminian doctrine Christs locall descension to hell all which the Prelate did preach We deny all this 2. We hope also the Lord shall destroy the Jesuites Babel the suburbs whereof and more are the Popish Prelates in Scotland and England 3. The Jesuites for ought he knoweth place all superintendent power in the Communitie The Prelate knoweth not all his brethren the Iesuites wayes but it is ignorance not want of good will For Bellarmine Beucanus Suarez Greâ—gor de Valentia and others his deare fellowes say That all superintendent power of policy in ordine ad spiritualia is in the man whose foot Maxwell would kisse for a Cardinals Hat 4. If these be all the differences it is not much the Community is the remote and lâ—st subject the representative body the nearest subject the Nobles a partiall subject the Iudges as Iudges sent by the King are so in the game that when an Arbitrary Prince at his pleasure setteth them up and at command that they judge for men and not for the Lord and accordingly obey they are by this power to be punished and others put in their place 5. A true cause of convening Parliaments the prelate maketh a Fancie at this time it is as if the theeves and robbers should say a Iustice Court were a fancie but if the Prelate might compeare before the Parliament of Scotland to which he is an out-law like his father 2 Thess 2.4 such a fancie I conceive should hang him and that deservedly P. Prelate The subject of this superintending power must be secured from errour in judgement and practise and the community and States then should be infallible Ans The consequence is nought no more then the King the absolute independent is infallible 2. It is sure the people are in lesse hazard of Tyranny and selfe destruction then the King is to subvert Lawes and make himselfe absolute and for that cause there must be a superintendent power above the King and God Almighty also must be above all P. Prelate The Parliament may erre then God hath left the state remedilesse except the King remedy it Ans. There 's no consequence here except the King be impeccable 2. Posteriour Parliaments may correct the former 3. A State is not remedilesse because Gods remedies in sinfull mens hands may miscarry But the question is now whether God hath given power to one man to destroy men subvert Lawes and Religion without any power above him to coerce restraine or punish P. Prelate If when the Parliament erreth the remedy is left to the Wisedome of God why not when the King erreth Ans. Neither is Antecedent true nor the consequence valid for the founder part may resist and it is easier to one to destroy many having a power absolute which God never gave him then for many to destroy themselves Then if the King Vzzaâ— intrude himselfe and sacrifice the Priests doe sin in remedying thereof P. Prelate Why might not the people of Israell Peers or Sanedrim have convened before them judged and punished David for his Adultery and Murther Romanists and new Statists acknowledge no case lawfull but Heresie Apostacy or Tyranny and tyranny they say must be universall 2. Manifest as the Sunne 3. And with obstinacy and invincible by prayers as is recorded of Nero whose wish was rather a transported passion then a fixed resolution this cannot fall in the attempts of any but a Mad-man Now this cannot be proved of our King but though we grant in the foresaid case that the community may resume their power and rectifie what is amisse which we canno grant but this will follow by their doctrine in every case of male administration Ans. The Prelate draweth me to speake of the case of the Kings unjust Murther confessed Ps. 51. to which I answer He taketh it for confessed that it had been treason in the Sanedrin and States of Israel to have taken on them to judge and punish David for his Adultery and his Murther but he giveth no reason for this nor any word of God and truely though I will not presume to goe before others in this Gods Law Gen. 9.6 compared with Num. 35.30.31 seemeth to say against them Nor can I thinke that Gods Law or his Deputy the Iudges are to accept the persons of the great because they are great Deut. 1.17 2 Chro. 19.6 7. and we say We cannot distinguish where the Law distinguisheth not The Lord speaketh to under Iudges Levit. 19.15 Thou shalt not respect the person of the poore nor honour the person of the mighty or of the Prince for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth I grant it is not Gods meaning that the King should draw the sword against himselfe but yet it followeth not that if we speake of the demerit of blood that the Law of God accepteth any Iudge great or small if the Estate be above the King as I conceive they are though it be a humane politicke constitution that the King be free of al coaction of Law because it conduceth for the peace of the Common-wealth yet if we make a matter of conscience for my part I see no exception that God maketh it if men make I crave leave to say A facto ad jus non sequitur And I easily yeeld that in every case the Estates may coerce the King if we make it a case of conscience And for the place Ps. 51.4 Against thee only have I sinned 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 flatterers alleadge it to be a place that proveth that the King is above all earthly Tribunals and all Lawes and that there was not on earth any who might punish King David and so they cite Clemens Alexandrin Strom. l. 4. Arnobi Psal. 50. Dydimus Hieronim But Calvine on the place giveth the meaning that most of the Fathers give Domine etiam si me totus mundus absolvat mihi tamen plusquam satis est quod te solum judicem sentio It is true Beda Euthymius Ambrosius Apol. David c. 4. c. 10. do all acknowledge from the place De facto there was none above David to judge him and so doth Augustine Basilius Theodoret say and Chrysostomus and Cyrillus and Hyeronim Epist. 22.
Ambrose Sermo 16. in Psal. 118. Gregorius and Augusti Ioan. 8. saith he meaneth no man durst judge or punish him but God only Lorinus the Iesuit observeth eleven interpretatioÌ„s of the Fathers all to this sense since Lyra saith he sinned only against God because God only could pardon him Hugo Cardinalis because God only could wash him which he asketh in the Text. And Lorin Solo Deo conscio peccavi But the simple meaning is Against thee only have I sinned as my eye witnesse and imediate beholder and therfore he addeth and have done this evill in thy sight 2. Against thee only as my Iudge that thou maist be justified when thou judgest as cleare from all unrighteousnesse when thou shalt send the sword on my house 3. Against thee O Lord only who canst wash me and pardon me v. 1 2. And if this thee only exclude all together Vriah Bathsheba and the Law of the Iudges as if he had sinned against none of these in their kind then is the King because a King free not only from a punishing Law of man but from the duties of the second Table simply and so a King cannot be under the best and largest halfe of the Law Thou shalt love thy neighbour as thy selfe 2. He shall not need to say Forgive us our sinnes as we forgive them that sin against us for there is no reason from the nature of sin and the nature of the Law of God why we can say more the subjects and sonnes sin against the King and Father then to say the Father and King sin against the sonnes and subjects 3. By this the King killing his Father Iesse should sin against God but not breake the fift Command nor sinne against his father 4. God should in vaine forbid fathers to provoke their children to wrath 1. And Kings to doe unjustice to their subjects because by this the superiour cannot sinne against the inferiour for as much as Kings can sin against none but those who have power to judge and punish them but God only and no inferiours and no subjects have power to punish the Kings therefore Kings can sin against none of their subjects and where there is no sin how can there be a Law neither Major or Minor can be denyed by Royalists 2. We acknowledge Tyraâ—ny must only unking a Prince The Prelate denyeth it but he is a green Statist Barclay Grotius Winzetus as I have proved granteth it 3. He will excuse Nero as of infirmity wishing all Rome to have one necke that he may cut it off And is that charitable of Kings that they will not be so mad as to destroy their owne Kingdome But when Stories teach us there have been more Tyrants then Kings the Kings are more obliged to him for flattery then for State-wit except we say that all Kings who eate the people of God as they doe bread owe him little for making them all madde and franticke 4. But let them be Nero's and madde and worse there is no coercing of them but all must give their neckes to the sword if the poore Prelate be heard and yet Kings cannot be so madde as to destroy their subjects Mary of England was that madde the Romish Princes who have given Revel 17.13 their power and strength to the beast and doe make warre with the Lambe and Kings inspired with the spirit of the beast and drunke with the wine of the Cup of Babells fornications are so madde and the ten Emperours are so madde who wasted their faithfullest subjects P. Prelate If there be such a power in the Peeres resumable in the exâ—gent of necessity as the last necessary remedy for safety of Church and State God and nature not being deficient in things necessary it must be proved out of the Scripture and not taken on trust for Affirmanti incumbit probatio Ans. Mr. Bishop what better is your Affirmanti incumbit c then mine for you are the affirmer I can prove a power in the King limited onely to feed governe and save the people and you affirme that God hath given to the King not only a power officiall and Royall to save but also to destroy and cut off so as no man may say Why doest thou this Shall we take this upon the word of an excommunicated Prelate Profer tabulas Iohn P. P. I beleeve you not Royall power is Deut. 17.18 Rom. 3.14 I am sure there is there a power given to the King to doe good and that from God Let John P.P. prove a power to doe ill given of God to the King 2. We shall quickly prove that the States may represse this power and punish the Tyrant not the King when he shall prove that a Tyrannous power is an Ordinance of God and so may not be resisted For the law of Nature teacheth If â— give my sword to my fellow to defend me from the murtherer if he shall fall to and murther me with my own sword I may if I have strength take my sword from him Prelate It is infidelitie to thinke that God cannot helpe us and impatience that we will not wait on God When a King oppresseth us it is against Gods wisdome that he hath not provided another meane for our safetie than intrusion on Gods right 2. It is against Gods power 3. his Holinesse 4. Christian Religion that we necessitate God to so weake a meane to make use of sinne and we cast the aspersion of Treason on Religion and deterre Kings to professe Reformed Catholike Religion 5. We are not to justle God out of his right Ans. I see nothing but what D. Ferne Grotius Barclay Blackwood have said before with some colour of proving the consequence The P. Prelate giveth us other mens arguments but without bones All were good if the States coercing and curbing a power which God never gave to the King were a sinne and an act of impatience and unbelief And if it were proper to God only by his immediate hand to coerce Tyrannie 2. He calleth it not Protestant Religion either here or elsewhere but cautelously giveth a name that will agree to the Roman Catholique Religion For the Dominicans Franciscans and the Parisian Doctors and Schoolemen following Occham Gerson Almaâ—â— and other Papists call themselves Reformed Catholiques 2. He layeth this for a ground in 3 or 4 pages where these same Arguments are againe and againe repeated in terminis as his second Reason p. 149. was handled ad nauseam p. 148. his 3. Reason is repeated in his 6. Reason p. 151. He layeth I say down this ground which is the begged Conclusion and maketh the Conclusion the Assumption in 8 raw and often repeated Arguments to wit That the Parliaments coercing and restraining of Arbitrarie power is rebellion and resisting the Ordinance of God But he dare not looke the place Rom. 13. on the face other Royalists have done it with bad successe This I desire to be weighed and I retort the Prelates argument But it is
indeed the triviall Argument of all Royalists especially of Barclay obvious in his 3. Booke If Arbitrarie and Tyrannicall power above any Law that the lawfull Magistrate commandeth under the paine of death Thou shalt not murther one man Thou shalt not take away the vineyard of one Naboth violently be lawfull and warrantable by Gods word then an Arbitrarie power above all Divine lawes is given to the keeping of the Civill Magistrate And it is no lesse lawfull Arbitrarie or rather Tyrannicall power for David to kill all his Subjects and to plunder all Jerusalem as I beleeve Prelates and Malignants and Papists would serve the three Kingdomes if the King should command them then to kill one Vriah or for Achab to spoile one Naboth The essence of â—inne must agree alike to all though the degrees varie Of Gods remedie against Arbitrary power hereafter in the Question of Resistance but the confused ingine of the Prelate bringeth it in here where there is no place for iâ— His 7. Argument is Before God would authorize Rebellion and give a bad president thereof for ever he would rather worke extraordinary and wondâ—rfull miracles and therefore would not authorize the people to deliver themselves from under Pharaoh but made Moses a Prince to bring them out of Egypt with a strâ—tched-out armâ— nor did the Lord deliver his people by the wisdome of Moses or strength of the people or any act that way of theirs but by his own immediate hand and power Ans. I reduce the Prelates confused words to a few for I speake not of his Popish tearme of Saint Steven and others the like because all that he hath said in a book of 149 pages might have been said in three sheets of paper But I pray you what is this Argument to the Question in hand wâ—â—ch is Whether the King be so above all Lawes as People and Peeres in the case of Arbitrarie power may resume their power and punish a Tyrant The P. Prâ—late draweth in the Question of Resistance by the haire Israels not rising in armes against K. Pharaoh proveth nothing against the power of a Free Kingdome against a Tyrant 1. Moses who wrought miracles destructive to Pharaoh might pray a vengeance against Pharaoh God having revealed to Moses that Pharaoh was a Reprobate But may Ministers and Nobles pray so against King Charles God forbid 2. Pharaoh had not his Crown from Israel 3. Pharaoh had not sworne to defend Israel nor became he their King upon condition he should maintaine and professe the Religion of the God of Israel Therefore Israel could not as free Estates challenge him in their supreme Court of Parliament of breach of oath and upon no termes could they un-king Pharaoh He held not his Crown of them 4. Pharaoh was never circumcised nor within the Covenant of the God of Isrâ—el in profession 5. Israel had their lands by the meere gift of the King I hope the King of Britaine standeth to Scotland and England in a foure-fold contrary relation All Divines know that Pharaoh his Princes and the Egyptians were his Peeres and People and that Israel were not his native Subjects but a number of strangers who by the lawes of the King and Princes by the meanes of Joseph had gotten the land of Goshen for their dwelling and libertie to serve the God of Abraham to whom they prayed in their bondage Exod. 2.23 24. and they were not to serve the Gods of Egypt nor were of the Kings Religion And therefore his Argument is thus A number of poore exiled strangers under King Pharaoh who were not Pharaohs Princes and Peeres could not restraine the Tyrannie of King Pharaoh Ergo the three Estates in a free Kingdome may not restraine the Arbitrarie power of a King 2. The Prelate must prove that God gave a Royall and Kingly power to King Pharaoh due to him by vertue of his Kingly calling according as Royalists expone 1 Sam. 8.9 11. to kill all the male children of Israel to make slaves of themselves and compell them to worke in brick and clay while their lives were a burden to them And that if a Romish Catholique Mary of England should kill all the male Children of Protestants by the hands of Papists at the Queenes commandement and make bondslaves of all the Peeres Iudges and three Estates who made her a free Princesse yet notwithstanding that Mary had sworne to maintaine the Protestant Religion they were to suffer and not to defend themselves But if God give Pharaoh a power to kill all Israel so as they could not controll it then God giveth to a King a Royall power by office to sinne only the Royalist saveth God from being the author of sinne in this that God gave the power to sinne but yet with this limitation that the Subjects should not resist this power 2. He must prove that Israel was to give their Male-childâ—en to Pharaohs Butchers for to hide them was to resist a Royall power and to disobey a Royall power given of God is to disobey God 3. The Subjects may not resist the Kings Butchers coming to kill them and their Male-children For to resist the servant of the King in that wherein he is a servant is to resist the King 1 Sam. 8.7 1 Pet. 2.14 Rom. 13.1 4. He must prove that upon the supposition That Israel had been as strong as Pharaoh and his people that without Gods speciall commandment they then wanting the written Word they should have fought with Pharaoh and that we now for all wars must have a word from Heaven as if we had not Gods perfit Will in his Word as at that time Israel behoved to have in all wars Judg. 18.5 1 Sam. 14.37 Esa. 30.2 Iere. 38.37 1 King 22.5 1 Sam. 30.5 Iudg. 20.27 1 Sam. 23.2 2 Sam. 16.23 1 Chron. 10.14 But because God gave not them an answer to fight against Pharaoh therefore we have no warrant now to fight agâ—inst a forraign Nation invading us the consequence is null and therefore this is a vain Argument The Prophets never reprove the people for not performing the duty of defensive wars against Tyraâ—nous Kings Ergo There is no such dutie enjoyned by any Law of God to us For the Prophets never rebuke the people for non-performing the dutie of offensive wars against their enemies but where God gave a speciall command and responce from his own Oracle that they should fight And if God was pleased never to command the people to rise against a Tyrannous King they did not sin where they had no commandment of God but I hope we have now a more sure word of prophecie to inform us 5. The Prelate conjectureth Moses his miraâ—les and the deliverance of the people by dividing the Red Sea was to forbid and condemn defensive wars of people against their King but he hath neither Scripture nor Reasons to do it The end of these miracles was to Seal to Pharaoh the Truth of Gods calling of Moses and
Aaron to deliver the people as is clear Exod. 4.1 2 3 4. compared with Chap. 7. vers 8 9 10. And that the Lord might get to himself a name on all the earth Rom. 9.17 Exod. 9.16 and 13.13 14. and 15. 1 2 3. seq But of the Prelates conjecturall end the Scripture is silent and we cannot take an excommunicated mans word What I said of Pharaoh who had not his Crown from Israel that I say of Nebuchadnezzar and the Kings of Persia keeping thâ— people of God captive P. Prelate So in the Book of the Judgeâ— when the people were delivered over to the hand of their enemies because of their sins hâ— never warranted the ordinary Iudges or Communitie to be their own deliverers but when they repented God raised up â— Iudge The people had no hand in their own deliverance out of Babylon God effected it by Cyrus immediately and totally Is not this a reall proof God will not have inferiour Iudges to rectifie what is amisse but we must waite in patience till God provide lawfull means some Soveraign power immediately sent by himself in which course of his ordinary providence he will not be deficient Answ. All this is beside the question and proveth nothing lesse then that Peers and Communitie may not resume their power to curbe an Arbitrary power For in the first case there is neither Arbitrary nor lawfull supreme Iudge 2. If the first prove any thing it proveth That it was rebellion in the inferiour Iudges and Communitie of Israel to fight against forraign Kings not set over them by God and that offensive wars against any Kings whatsoever because they are Kings though strangers are unlawfull Let Socinians and Anabaptists consider if the P. Prelate help not them in this and may prove all wars to be unlawfull 3. He is so Malignant to all inferiour Iudges as if they were not powers sent of God and to all Governours that are not Kings and so upholders of Prelates and of himself as he conceiveth that by his arguing he will have all deliverance by Kings onely the onely lawfull means in ordinary providence and so Aristocracy and Democracy except in Gods extraordinary providence and by some divine dispensation must be extraordinary and ordinarily unlawfulh 2. The Acts of a State when a King is dead and they choosâ— another shall be an Anticipating of Gods providence 3. If the King be a childe a captive or distracted and the Kingdom oppressed with Malignants they are to waite while God immediately from Heaven create a King to them as he did Saul long ago But have we now Kings immediately sent as Saul was 1. How is the spirit of Prophecie and Government infused in them as in King Saul Or are they by propheticall inspiration anointed as David was I conceive their calling to the throne on Gods part do differ as much from the calling of Saul and David in some respect as the calling of ordinary Pastors who must be gifted by industry and learning and called by the Church and the calling of Apostles 4. God would deliver his people from Babylon by moving the heart of Cyrus immediately the people having no hand in it not so much as supplicating Cyrus Ergo The People and Peers who made the King cannot curb his Tyrannicall power if he make captives and slaves of them as the Kings of Chaldea made slaves of the people of Israel What Because God useth another mean Ergo This mean is not lawfull It followeth in no sort If we must use no means but what the captive people did under Cyruâ— we may not lawfully flie nor supplicate for the people did neither P. Prelate You read of no Covenant in Scripture made without the King Exod. 34. Moses King of Iesurum neither Tables nor Parliament framed it Joshua another Iosh. 24. and Asa 2 Chron. 15. and 2 Chron. 34. and Ezra 10. The Covenant of Iehojada in the non-age of Ioash was the High Priests Act as the Kings Governour There is a covenant with Hell made without the King anâ— a false Covenant Hos. 10.3 4. Answ. We argue this negatively This is neither commanded nor practised nor warranted by promise Ergo It is not lawfull But this is not practised in Scripture Ergo It is not lawfull It followeth it Shew me in Scripture the killing of a Goaring Ox who killed a man the not making battlements on an house the putting to death of a man lying with a Beast the killing of seducing Prophets who tempted the people to go a whoring and serve another God then Jehovah I mean a god made by the hand of the Baker such a one as the excommunicated Prelate is known to be who hath Preached this Idolatry in three Kingdoms yet Deut. 13. This is written and all the former Laws are divine Precepts shall the Precept make them all unlawfull because they are not practised by some in Scripture By this I ask Where read yee that the people entered in a Covenant with God not to worship the Golden Image and the King and these who pretend they are the Priests of Iehovah the Church-men and Pelates refused to enter in Covenant with God By this argument the King and Prelates in non-practising with us wanting the precedent of a like practice in Scripture are in the fault 2. This is nothing to prove the conclusion in question 3. All these places prove it is the Kings dutie when the people under him and their fathers have corrupted the worship of God to renew a Covenant with God and to cause the people to do the like as Moses Asa Iehoshaphat didâ— 4. If the King refuse to do his dutie where is it written That the people ought also to omit their dutie and to love to have it so because the Rulers corrupt their wayes Ierem. 5.31 To renew a Covenant with God is a point of service due to God that the people are obliged unto whether the King command it or no. What if the King command not his people to serve God or What if he forbid Daniel to pray to God Shall the people in that case serve the King of Kings onely at the nod and Royall command of an earthly King Clear this from Scripture 5. Ezra ch 5. had no commandment in particular from Artaxerxes King of Persia or from Darius but a generall that Ezr. 7.23 Whatsoever is commanded by the God of Heaven let it be diligently done for the house of the God of Heaven But the Tables in Scotland and the two Parliaments of England and Scotland who renewed the Covenant and entered in Covenant not against the King as the P. P. saith but to restore Religion to its ancient Puritie have this expresse Law from King James and King Charles both in many Acts of Parliament that Religion be kept pure Now as Artaxerxes knew nothing of the Covenant and was unwilling to subscribe it and yet gave to Ezra and the Princes a warrant in generall to do
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
lawfull power of a King to do good is not by divine Institution placed in an indivisible point It is not a sin for the people to take some power even of doing good from the King that he solely and by himself shall not have power to pardon an involuntary homicide without advice and the judiciall suffrages of the Councell of the Kingdom least he insteed of this give pardons to Robbers to abominable Murtherers and in so doing the people robbeth not the King of the power that God gave him as King nor ought the King to contend for a sole power in himself of ministring justice to all for God layeth not upon Kings burdens unpossible and God by Institution hath denied to the King all power of doing all good because it is his Will that other Iudges be sharers with the King in that power Num. 14.16 Deut. 1.14 15 16 17. 1 Pet. 2.14 Rom. 13.1 2 3 4. And therefore the Duke of Venice to me cometh neerest to the King moulded by God Deut. 17. in respect of power de jure of any King I know in Europe And in point of conscience the inferiour Iudge discerning a murtherer and bloody man to die may in foro conscientiae despise the Kings unjust pardon and resist the Kings force by his sword and coactive power that God hath given him and put to death the bloody murtherer and he sinneth if he do not this for to me it is clear The King cannot judge so justly and understandingly of a murtherer in Scotland as a Iudge to whom God hath committed the sword in Scotland Nor hath the Lord laid that unpossible burden on a King to judge so of a murther four hundreth miles removed from the King as the Iudge nearer to him as is clear by Num. 14.16 1 Sam. 7.15 16 17. The King should go from place to place and judge and whereas it is unpossible to him to go thorow three Kingdoms he should appoint faithfull Iudges who may not be resisted no not by the King 2. The question is If the King command A. B. to kill his father his pastour the man neither being cited nor convicted of any fault may lawfully be resisted 3. Queritur If in that case in which the King is captived imprisoned and not sui juris and awed or over-awed by bloody Papists and so is forced to command a barbarous and unjust War and if being distracted Physically or Morally through wicked Counsell he command that which no father in his sober wits would command even against Law and Conscience That the sons should yeild obedience and subjection to him in maintaining with lives and goods a bloody Religion and bloody Papists If in that case the King may not be resisted in his person because the power lawfull and the sinfull person cannot be separated We hold the King using contrary to the oath of God and his Royall Office violence in killing against Law and Conscience his Subjects by bloody Emissaries may be resisted by defensive Wars at the commandment of the Estates of the Kingdom But before I produce Arguments to prove the lawfulnesse of resistance a little of the case of resistance 1. Doct. Ferne part 3. sect 5. pag. 39. granteth resistance by force to the King to be lawfull 1. When the assault is sudden 2. Without colour of a Law and Reason 3. Inevitable But if Nero burn Rome he hath a colour of Law and Reason yea if all Rome and his mother in whose Womb he lay were one neck A man who will with reason go mad hath colour of Reason and so of Law to invade and kill the innocent 2. Arnisaeus saith If the Magistrate proceed extra-judicialiter without order of Law by violence the Laws giveth every private man power to resist if the danger be irrecoverable yea though it be recoverable L. prohibitum C. de jur fisc l. quemadmodum 39. § Magistratus ad l. Aquil. l. nec Magistratibus 32. de injur Because while the Magistrate doth against his office he is not a Magistrate for Law and right not injury should come from the Magistrate L. meminerint 6. C. unde vi Yea if the Magistrate proceed judicially and the losse be irrecoverable Jurists say That a private man hath the same Law to resist Marantius dis 1. n. 35. And in a recoverable losse they say every man is holden to resist si evidenter constet de iniquitate If the iniquity be known to all D. D. Iason n. 19. dec n. 26. ad l. ut vim de just jur 3. I would think it not fit easily to resist the Kings unjust Exactors of custome or tribute 1. Because Christ payed tribute to Tiberius Caesar an unjust usurper though he was free from that by Gods Law least he should offend 2. Because we have a greater dominion over Goods then over our Lives and Bodies and it is better to yield in a matter of Goods then to come to Arms for of sinlesse evils we may choose the least 4. A Tyrant without a Title may be resisted by any private man Quia licet vim vi repellere Because we may repell violence by violence yea he may be killed Vt l. vim F. de iustit jure ubi plene per omnes Vasquez l. 1. c. 8. n. 33. Barcla contra Monarcho l. 4 c. 10. pag. 268. For the lawfulnesse of resistance in the matter of the Kings unjust invasion of life and Religion we offer these Arguments 1. That power which is obliged to command and rule justly and religiously for the good of the subjects and is only set over the people on these conditions and not absolutely cannot tye the people to subjection without resistance when the power is abused to the destruction of Lawes Religion and the subjects But all power of the Law is thus obliged Rom. 13.4 Deut. 17. vers 18 19 20. 2 Chron. 19.6 Ps. 132.11 12. Ps. 89.30 31. 2 Sam. 7.12 Ier. 17.24 25. and hath and may be abused by Kings to the destruction of Lawes Religion and Subjects The Proposition is cleare for the powers that tye us to subjection only are of God 2. Because to resist them is to resist the ordinance of God 3. Because they are not a terrour to good workes but to evill 4. Because they are Gods Ministers for our good but abused powers are not of God but of men or not ordinances of God they are a terrour to good workes not to evill they are not Gods Ministers for our good 2. That power which is contrary to Law and is evill and Tyrannicall can tye none to subjection but is a meere Tyrannicall power and unlawfull and if it tye not to subjection it may lawfully be resisted But the power of the King abused to the destruction of Lawes Religion and subjects is a power contrary to Law evill and Tyrannicall and tyeth no man to subjection wickednesse by no imaginable reason can oblige any man Obligation to
suffer of wicked men falleth under no Commandement of God except in our Saviour A Passion as such is not formally commanded I meane a Physicall Passion such as to be killed God hath not said to me in any Morall Law Be thou killed tortured beheaded but only be thou patient if God deliver thee to wicked mens hands to suffer these things 3. There is not a stricter Obligation Morall betwixt King and people then betwixt Parents and Children Master and servant Patron and Clients Husband and Wife the Lord and the Vassell between the Pilot of a Ship and the Passengers the Physitian and the sick the Doctor and the schollars but the Law granteth l. Minime 35. De Relig. sumpt funer If these betray their trust committed to them they may be resisted if the father turne distracted and arise to kill his sonnes his sonnes may violently apprehend him and bind his hands and spoile him of his Weapons for in that he is not a father Vasquez Lib. 1. Illustr question c. 8. n. 18. Si dominus subditum enormiter atrociter oneraret princeps superior vassallum posset ex toto eâ—imere a sua jurisdictione etiam tacente subdito nihil petente Quid papa in suis decis Parliam grat decis 62. si quis Baro. abutentes dominio privari possunt The servant may resist the Master if he attempt unjustly to kill him so may the Wife doe to the Husband if the Pilot should wilfully run the ship on a Rock to destroy himselfe and his Passengers they might violently thrust him from the Helme Every Tyrant is a furious man and is morally distracted as Althusius saith Politi c. 28. n. 30. seq 4. That which is given as a blessing and a favour and a Scrine betweene the peoples liberty and their bondage cannot be given of God as a bondage and slavery to the people But the power of a King is given as a blessing and favour of God to defend the poore and needy to preserve both Tables of the Law and to keepe the people in their liberties from oppressing and treading one upon another But so it is that if such a power be given of God to a King by which Actu primo he is invested of God to doe acts of Tyranny and so to doe them that to resist him in the most innocent way which is selfe defence must be a resisting of God and Rebellion against the King his Deputy then hath God given a Royall power as incontrollable by mortall men by any violence as if God himselfe were immediatly and personally resisted when the King is resisted and so this power shall be a power to wast and destroy irresistably and so in it selfe a plague and a curse for it cannot be ordained both according to the intention and genuine formall effect and intrinsecall operation of the power to preserve the Tables of the Law Religion and Liberty Subjects and Lawes and also to destroy the same but it is taught by Royalists that this power is for Tyranny as well as for peaceable Government because to resist this Royall Power put forth in Acts either waies either in acts of Tyranny or just Government is to resist the Ordinance of God as Royalists say from Rom. 13.1 2 3. And we know to resist Gods ordinances and Gods Deputy formaliter as his Deputy is to resist God himselfe 1 Sam. 8.7 Mat. 10.40 as if God were doing personally these Acts that the King is doing and it importeth as much as the King of Kings doth these Acts in and through the Tyrant Now it is blasphemy to thinke or say that when a King is drinking the blood of innocents and wasting the Church of God that God if he were personally present would commit these same acts of Tyranny God would avert such blasphemy and that God in and through the King as his lawfull Deputy and Vicegerent in these acts of Tyranny is wasting the poore Church of God If it be said in these sinfull acts of Tyranny he is not Gods formall Vicegerent but only in good and lawfull acts of Government yet he is not to be resisted in these acts not because the acts are just and good but because of the dignity of his Royall Person Yet this must provâ— that these who resist the King in these acts of Tyranny must resist no ordinance of God but only that we resist him who is the Lords Deputy though not as the Lords Deputy what absurd is there in that more then to disobey him refusing active obedience to him who is the Lords Deputy but not as the Lords Deputy but as a man commanding beside his Masters Warrant 5. That which is inconsistent with the care and providence of God in giving a King to his Church is not to be taught Now Gods end in giving a King to his Church is the feeding safetie preservation the peaceable and quiet life of his Church 1 Tim. 2.2 Esa. 49.23 Psal. 79.71 But God should crosse his own end in the same act of giving a King if he should provide a King who by office were to suppresse Robbers Murtherers and all oppressors and wasters in his holy Mount and yet should give an irresistible power to one crowned Lyon a King who may kill a thousand thousand Protestants for their Religion in an ordinary Providence and they are by an ordinary law of God to give their throats to his Emissaries and bloody executioners If any say The King will not be so cruell I beleeve it because actu secundo it is not possibly in his power to be so cruell 2. We owe thanks to his good will that he killeth not so many but no thanks to the nature and genuine intrinsecall end of a King who hath power from God to kill all these and that without resistance made by any mortall man Yea no thanks God avert blasphemie to Gods ordinary providence which if Royalists may be beleeved putteth no barre upon the illimited power of a man inclined to sinne and abuse his power to so much crueltie Some may say the same absurditie doth follow if the King should turne Papist and the Parliament all were Papists in that case there might be so many Martyrs for the truth put to death and God should put no bar of providence upon this power then more then now and yet in that case the King and Parliament should be Iudges given of God actu primo and by vertue of their office obliged to preserve the people in Peace and Godlinesse But I answer If God gave a lawfull officiall power to King and Parliament to worke the same crueltie upon millions of Martyrs and it should be unlawfull for them by armes to defend themselves I should then think that King and Parliament were both ex officio by vertue of their office and actu primo Iudges and Fathers and also by that same office Murtherers and Butchers Which were a grievous aspersion to the unspotted Providence of
that act as a sinfull man having something of Tyrannie in him 2. The Powers Rom. 13.1 that are are ordained of God as their author and efficient But Kings commanding unjust things and killing the innocent in these acts are but men and sinfull men and the power by which they doe these acts a sinfull and an usurped power and so far they are not powers ordained of God according to his revealed Will which must rule us Now the authoritie and officiall power in abstracto is ordained of God as the Text saith and other Scriptures doe evidence And this Polititians doe cleare while they distinguish betwixt jus Personae and jus Coronae the power of the Person and the power of the Crown and Royall office They must then be two different things 3. He that resisteth the power that is the officiall power and the King as King and commanding in the Lord resisteth the Ordinance of God and Gods lawfull constitution v. 2. But he who resisteth the Man who is the King commanding that which is against God and killing the innocent resisteth no ordinance of God but an ordinance of Sin and Sathan for a man commanding unjustly and ruling Tyrannically hath in that no power from God 4. They that resist the power and Royall office of the King in things just and right shall receive to themselves damnation ver 3. but they that resist that is refuse for Conscience to obey the man who is the King and choose to obey God rather then men as all the Martyrs did shall receive to themselves salvation And the 80 valiant men the Priests who used bodily violence against King Vzzahs person and thrust him out of the house of the Lord from offering incense to the Lord which belonged to the Priest only received not damnation to themselves but salvation in doing Gods will and in resisting the Kings wicked will Arg. 5. The lawfull Ruler as a Ruler and in respect of his office is not to be resisted because he is not a terrour to good workes but to evill and no man who doth Good is to be afraid of the Office or the Power but to expect praise and a reward of the same v. 3. But the man who is a King may command an idolatrous and superstitious Worship send an Army of Cut-throats against them because they refuse that Worship and may reward Papists Prelates and other corrupt men and may advance them to places of State and Honour because they kneele to a Tree-Altar pray to the East adore the letters and sound of the word Jesus teach and write Arminianisme And may imprison deprive confine cut the eares and rip the noses and burne the faces of those who speake and preach and write the truth of God and may send Armies of Cut-throats Irish Rebels and other Papists and malignant Atheists to destroy and murther the Iudges of the Land and innocent defenders of the Reformed Religion c. The Man I say in these acts is a terrour to Good workes an incouragement to Evill And those that doe Good are to be afraid of the King and to expect no praise but punishment and vexation from him Ergo this reason in the Text will prove that the Man who is the King in so far as he doth these things that are against his offiâ—e may be resisted and that in these we are not to be subject but only we are to be subject to his power and Royall authoriâ—ie in abstracto in so farre as according to his office he is not a terrour to good workes but to evill 6. The lawfull Ruler is the minister of God or the servant of God for Good to the Commonwealth And to resist the servant in that wherein he is a servant and using the power that he hath from his Master is to resist the Lord his Master v. 4. But the man who is the King commanding unjust things and killing the innocent in these acts is not the minister of God for the Good of the Commonwealth he serveth himselfe and Papists and Prelates for the destruction of Religion Lawes and Commonwealth therefore the Man may be resisted by this Text when the office and power cannot be resisted 7. The Ruler as the Ruler and the nature and intrinsecall end of the office is that he beare Gods sword as an avenger to execute wrath on him that doth evill v. 4. and so cannot be resisted without sinne But the man who is the Ruler and commandeth things unlawfull and killeth the innocent carieth the Papists and Prelates sword to execute not the righteous judgement of the Lord upon the ill-doer but his own private revenge upon him that doth well Ergo the Man may be resisted the Office may not be resisted and they must be two different things 8. We must needs be subject to the Royall office for â—onscience v. 5. by reason of the fifth Commandement But we must not needs be subject to the man who is King if he command things unlawfull for D. Ferne warranteth us to resist if the Ruler invade us sodainly 2. Without colour of Law or Reason 3. Vnavoydably And Winzetus and Barclay and Grotius as before I cited give us leave to resist a King turning a cruell Tyrant But Paul Rom. 13. forbiddeth us to resist the Power in Abstracto Ergo it must be the Man in concreto that we must resist 9. Those we may not resist to whom we owe tribute as a reward of the onerous worke on which they as Ministers of God doe attend continually But we owe not tribute to the King as a man for then should we be addebted tribute to all men but as a King to whom the wages of tribute is due as to a Princely workman a King as a King ergo the Man and the King are different 10. We owe fear and honour as due to be rendred to the man who is King because he is a King not because he is a man for it is the highest feare and honour due to any mortall man which is due to the King as King 11. The Man and the inferiour Judge are different and we cannot by this Text resist the inferiour Iudge as a Iudge but we resist the ordinance of God as the Text proveth But Cavaliers resist the inferior Iudges as men and have killed divers members of both Houses of Parliament but they will not say that they killed them as Judges but as Rebels If therefore to be a Rebell as a wicked Man and to be a Iudge are differenced thus then to be a Man and to commit some acts of Tyrannie and to be the supreme Iudge and King are two different things 12. Mr. Knox Hist. of Scotland l. 2. The Congregation in a letter to the Nobilitie say There is great difference betwixt the Authoritie which is Gods Ordinance and the Persons of those who are placed in authoritie The Authoritie and Gods ordinances can never doe wrong for it commandeth that Vice and wicked men be punished and
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
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
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
to make warre against the King and themselves in the defence of Religion when the Prophets had much adoe to convince the people that they sinned in joyning with the King what place was there to shew them their sin in not using their owne lawfull defence And in reason any may judge it unreasonable for Elias to exhort of thousand thousands in Israel poore seven thousand of which many no doubt were women aged weake young to rise in Armes against Ahab and all Israel except God had given a positive and extraordinary Commandement and with all miraculous courage and strength in war against the whole Land and God worketh not alwayes by miracles to save his Church and therefore the naturall mandate of self-preservation in that case doth no more oblige a few weake ones to lawfull resistance then it obliged one Martyre to rise against a persecuting Nero and all his forces Arnisaeus should remember wee are not to tye our Lord to miracles 2. Elias did not onely flee but denounced wrath against the King and Cavalliers who joyned with them in Idolatry and when God gave oportunity he shewed himself and stirred the people up to kill Baals Iesuits and seducing idolatours when the Idolatrous King refuâ—ed to do it and Eliah with his own hand took them not but all Israel being gathered together 1 King 18.19 The Princes and Judges did apprehend them ver 40. which is a warrant when the King refuseth to draw the sword of justice against armed Papists that other judges are to do it 2. For Nebuchadnezzer Ieremiah from the Lord expresly forbad to fight against him shew us the like for no defending our selves against bloody Papists and Irish cut-throats for that example may as well prove if it be a binding law to us that our King should not raise his Subjects to fight against a Spanish Armado and a forraigne Priâ—ce for before ever Nebuchadnezzer subdued the Kingdom of Iudah Ier. 27.1 In the beginning of the raigne of Iehoiakim ver 12 13 14. chap. 36. chap. 37. the King of Iudah is from the Lord commanded not to draw a sword against the King of Babylon I hope this will not tye us and our King not to fight against forraigne Princes or against the great Turk if they shall injustly invade us and our King and this example is against the Kings resisting of a forraigne Prince unjustly invading him as much as against us for Nebuchadnezzar was a Tyrannous invader and the King of Iudah the Lords Annoynted 3. The people also conspired with Manasseh as with Ahab Ier. 15.4 4 Of Empâ—rours persecuting Christians we shall heare anon 5. Deut. 13. None are excepted by a synecdoche the dearest are expressed sonne daughter brother the friend that is as thine own soul. Ergo fathers also And husbands are to love their lives Ephes. 5.25 Yet to execute judgement on them without pitty Deut. 13.8.9 The father is to love the son yet if the son prophecy falsely in the name of the Lord to kill him Zach. 13.3 Hence love fear reverence toward the King may be commanded and defensive warres also 6. Christ fled from Herod and all his actions and sufferings are mysteries and instructions saith the poor Prelate 1. Christ kissed the man that to his knowledge came to betray him Christ fled not but knowing where and when his enemy should apprehend him came willingly to the place Ergo we should not flee 2. His actions are so mysterious that Iohn P. P. in imitation of Christs fourty dayes fast will fast from flesh in lent and the Prelate must walk on the sea and work miracles if all Christs actions be our instructions 7. He might with more then twelve Lâ—gions of Angels defend himself but he would not not because resistance was unlawfull no shadow for that in the text but because it was Gods will that he should drink the cup his Father gave him because to take the sword without Gods warrant subjecteth the usurper of Gods place to perish with the sword Peter had Gods revealed wil that Christ behoved to suffer Math. 26.52 53. Math. 16.21 22 23. Gods positive command that Christ should die for sinners Iohn 10.24 may well restraine an act of lawfull sâ—lf-preservation hic nunc and such an act as Christ lawfully used at another time Luk. 4.29 30. Ioh. 11.7 8. we give no new creed but this apostate hath forsaken his old creed the religion of the Church of Scotland in which he was Baptised 9. Nor do we expuâ—ge out of the Creed Christs descension into hell the communion of Saints as the apostate saith but the Popish locall descension of Christ the Popish advancing of the Churches power above the Scriptures the intercession prayers to the saints or of the saints for us we deny this Prelate though he did swear the doctrine of the Church of Scotland preached expresly all these many other poynts of Popery in the Pulpits of Edenburgh 10. We beleeve that Christ suffered under Pontius Pilat but that Pilat had any legal power to condemne Christ but onely a power by a permissive Decree Act. 4.27 28. Such as Devils had by Gods permission Luke 22.53 we utterly deny 11. The Prelat saith it is his resolution for our sin of naturall selfe defence to dissolve in tears because his Bishopricke I conceive by which he was wont to dissolve in cups being drunk on the Lords day after he with other Prelates had been at the Lords Supper while the Chamber wherein they were was dissolved in vomitting was taken from him 12. The prophets cry against all sins but never against the sin of non-resistance and yet they had very Tyrannous and Idolatrous Kings 1. This is but a weak argument 1. The Prophets cry not out against all sins they cry not out against men-stealers and killers of father and mother in expresse tearmes yet do they by consequence condemne all these sins and so do they condemne non-resistance in wars by consequence when they cry out Ier. 5.31 The Prophets prophesie falsly and the Priests beare rule by their meanes and my people love to have it so And when they complaine Ezek. 22.26 27 28. That the Prophets and Priests violate the Law her Princes are like wolves ravening the prey to shed blood and the people use oppression and exercise robbery and vexe the poore And when they say Ier. 22.2 not to the King onely but also to his servants and the people that enter in by the gates 3. Execute judgement and righteousnesse and deliver the spoiled out of the hand of the oppressour I pray you who are the oppressors I answer The murthering Judges Esa. 1.21 And Esa. 3.12 As for my people children are their oppressors and women rule over them And ver 14 15. The ancients of the people grind the faces of the poore and when they are not valiant for the truth upon the earth And Prov. 24.11 the Loâ—d shal render to
these men according to their works which forbeare to help men that are drawn to death and those that be ready to be slaine if they shift the businesse and say Behold we know not doth not he that pondereth the heart consider it When therefore the Lords Prophets complaine that the people execute not judgement relieve not the oppressed help not and rescue not those that are drawn to death unjustly by the King or his murthering Judges they expresly cry out against the sin of non-resistance 2. The Prophets cannot expresly and formally cry out against the Judges for non-resisting the King when they joyne as â—avening wolves with the King in these same acts of oppression even as the Judge cannot formally impannell 24 men sent out to guard the travellers from an arch robber if these men joyne with the robber and rob the travellers and become cut-throats as the arch robber is he cannot accuse them for their omission in not guarding the innocent travellers but for a more hainous crime that not onely they omitted what was their duty in that they did not rescue the oppressed out of the hands of the wicked but because they did rob and murther and so the lesser sinne is swallowed up in the greater The under-Judges are watchmen and a guard to the Church of God if the King turn a bosome robber their part is Ier. 22.3 to deliver the spoiled out of the hand of the oppressour to watch against domestick and forraine enemies and to defend the flock from wolves Ezek. 23.2 3 4. Ier. 50.6 to let the oppressed goe free and to break every yoak Esay 58.6 to break the jawes of the wicked and pluck the spoile out of his teeth Job 29.17 Now if these Judges turne Lyons and ravening Wolves to prey upon the flock and joyne with the King as alwayes they did when the King was an oppressor his Princes made him glad with their lies and joyned with him and the people with both Ier. 1.18 Ier. 5.1 Ier. 9.1 Mic. 7.1 Ezek. 22.24 25 26 27 28 29 30 31. Ier. 15.1 2 3. It is no wonder if the Prophets condemne and cry out against the hugest and most bloody crime of positive oppression formally and expresly and in that their negative murthers in not releeving the oppressed must also be cryed out against 13. The whole Land cannot formally be accused for non-resistance when the whole Land are oppressors for then they should be accused for not resisting themselves 14. The King ought to resist the inferiour judges in their oppression of the people by the confession of Royalists then this argument cometh with the like force of strength on themselves let them shew us practice precept or promise in the Word where the King raised an Armie for defence of Religion against Princes and people who were subverting Religion and we shall make use of that same place of Scripture to prove that the Estates and people who are above the King as I have proved and made the King may and ought to resist the King with the like force of Scripturall truth in the like case 16. Royalists desire the like president of practice and precept for defensive warres but I answer let them shew us a practice where any King of Israel or Judah raised an Armie of Malignants of Phylistims Sydonians Ammonites against the Princes of Israel and Judah conveened in an Assemblie to take course for bringing home the captived Arke of God and vindicating the Lawes of the Land and raised an Armie contrary to the knowledge of the Elders Princes and Judges to set up Dagon or tollerate the worship of the Sydonian gods and yet Princes Elders Judges and the whole people were obliged all to flee out of Gods land or then onely to weep and request that the King would not destroy souls and bodies of them and their innocent posterities because they could not in conscience imbrace the worship of Dagon and the Sydonian gods when the Royalist can parallel this with a precedent we can answer there was as smal apparency of precedency in Scripture except you flee to the law of nature that 80 Priests the Subjects of King Vzziah should put in execution a penall Law against the Lords Annoynted and that the inferiours and subjects should resist the Superiour and that these Priests with the Princes of the land should remove the King from actuall government all his dayes and crown his son at least make the father their Prince and superiour as Royalists say as good as a Cypher Is not this a punishment inflicted by inferiours upon a superiour according to the way of Royalists Now it is clear a worshipping of bread and the Masse commanded and against law obtruded upon Scotland by influence of the counsell of known Papists is to us and in it self as abominable as the worshiping of Dagon or the Sydonian Gods and when the Kingdom of Scotland did but conveen supplicat and protest against that obtruded Idolatry they were first declared rebels by the King and then an army raised against them by Prelates and Malignants inspired with the spirit of Anti-christ to destroy the whole land if they should not submit soul and conscience to that wicked service QUEST XXXV Whether or no the sufferings of the Martyrs in the Primitive Church militate against the lawfulnesse of defensive wars ROyalists think they burden our Cause much with hatred when they bring the Fathers and ancient Martyrs against us So the P. Prelate extracted out of other Authors testimonies for this and from I. Armagh in a Sermon on Rom. 13. pag. 20 21. So the Do. of Aberdeene The Prelat proveth from Clem. Alexand. l. 7. c. 17. That the King is constituted by the Lord. So Ignatius Answ. 1. Except he prove from these Fathers that the King is from God onely and immediately he proveth nothing Obj. 2. Iren. l. 5. adv haer c. 20. proveth that God giveth Kingdomes and that the devill lied Luk. 4. and we make the people to make Kings and so to be the children of the Devill Answ. If we denyed God to dispose of Kingdomes this man might alledge the Church of God in England and Scotland to be the sons of Satan But Gods Word Deut. 17.18 and many other places make the people to make Kings and yet not devils But to say that Prelates should crowne Kings and with their foule fingers anoint him and that as the Popes substitutes is to make him that is the sonne of perdition a Donor of Kingdoms also to make a man with his bloodie sword to ascend to a throne is to deny God to be the disposer of Kingdoms and Prelats teach both these Obj. 3. Tertul. Apol. c. 30. Inde est Imperator unde homo antequam imperator inde potestas illi unde spiritus God is no lesse the Creator of Soveraigntie then of the soul of man Answ. God onely maketh Kings by his absolute soveraignty as he onely maketh high and low and
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
jurisdiction Iaco. Symanca de Catho Instit. tit 45. n. 25. Catholica uxor heretico viro debitum reddere non tenetur Item Constat Haereticum privatum esse omni dominio naturali civili politico naturali quod habet in filios nam propter haeresin patris efficiuntur filii sui iuris civili quod habet in servos ab eo enim servi liberantur politico quod rerum domini habent in subditos ita Bannes 22. q. 12. art 10. Gregor de valent 22. dis 1. q. 12. p. 2. lod Mol. to 1. De just jur tract 2. dis 29. v. 3. 2. Papists hold that Generatio clerici est corruptio subditi Church-men are not subjects under the Kings Law It is a Canonicall priviledge of the Clergy that they are not subject to the Kings Civill Lawes Now this Prelate and his fellowes made the King sweare at his Coronation to maintaine all Canonicall Priviledges of the Prelaticall Clergy the very Oath and words sworne by all the Popish Kings P. Prelate Power is given by the multitude to the King immediatly and by God mediately not so much by collation as by approbation how the Iesuite and Puritane walke all along in equall pace See Bellarmine l. 1. de liac c. 6. Zuarez cont sect Angl. l. 3. c. 3. Answ. It is a Calumnie that we teach that the power of the King is from God mediatly by meere approbation indeed a fellow of his a Papist writing against the Kings Supremacy Anthony Capell Cont. 1. c. 5. saith Saul was made King and others also by Gods permission and Deo invito irato God being angry that is not our Doctrine but with what reall efficiencie God hath made men and communities rationall and sociall men with the same hath he made them by instinct of nature by the mediation of reason to create a King and Bellarmine and Suarez say Not God maketh Kings by approbation only P. Prelate The people may change Monarchy into Aristocracy or Democracy or Aristocracy into Monarchy for ought I know they differ not in this neither Ans. The P. Prelate knoweth not all things the two Iesuites Bellarmine and Suarez are produced only as if they were all Iesuites and Suarez saith De prim po l. 3. n. 4. Donationem absolutam semel valide factam revocari non posse neque in totum neque ex parce maxime quando onerosa fuit If the people once give their power to the King they cannot resume it without cause and laying downe the grounds of Suarez and other Iesuites that our Religion is Heresie they doe soundly collect this consequence That no King can be Lord of the consciences of their subjects to compell them to an Hereticall Religion We teach that the King of Spaine hath no power over the consciences of Protestant Subjects to force them to Idolatry and that their soules are not his subjects but only their persons and in the Lord. 2. It is no great crime that if a King degenerate in a Tyranny or if the Royall Line faile that we thinke the people have liberty to change Monarchy into Aristocracy aut contra Iesuites deny that the people can make this change without the Popes consent We judge neither the great Bishop the Pope nor the little Popes ought to have hand in making Kings P. Prelate They say the power is derived to the King from the people Cumulativè or Communicativé non Privativé by way of communication not by way of privation so as the people denude not themselves of this soveraignty As the King maketh a Lieutenant in Ireland not to denude himselfe of his Royall power but to put him in trust for his service If this be their mind the King is in a poore case The principal authority is in the Deligate and so the people is still Iudge and the King their Deputy Ans. The P. Prelate taketh on him to write he knoweth not what this is not our opinion The King is King and hath the peoples power not as their Deputy 1. Because the people is not principall Iudge and the King subordinate The King in the executive power of Lawes is really a Soveraigne above the people a Deputy is not so 2. The people have irrevocably made over to the King their power of governing defending and protecting themselves I except the power of selfe preservation which people can no more make away it being sinlesse natures birth-right then the liberty of eating drinking sleeping and this the people cannot resume except in case of the Kings Tyranny there is no power by the King so irrevocably resigned to his Servant or Deputy but he may use it himselfe 3. A Delegate is comptable for all he doth to those that put him in trust whether he doe ill or well The King in acts of Iustice is not comptable to any for if his acts be not lyable to high suspitions of Tyranny no man may say to him What dost thou onely in acts of unjustice and those so tyrannous that they be inconsistent with the habituall fiduciary repose and trust put on him he is to render accounts to the Parliament which representeth the people 4. A Delegate in esse in fieri both that he may be a Delegate and that he may continue a Delegate whether he doe ill or well dependeth on his pleasure who delegateth him but though a King depend in fieri in regard of his call to the Crowne upon the suffrages of his people yet that he may be continued King he dependeth not on the people simply but only in case of Tyrannicall administration and in this sense Suarez and Bellarmine spake with no more honesty then we doe but with more then Prelates doe for they professe any Emissary of Hell may stab a Protestant King We know the Prelates professe the contrary but their judgement is the same with Iesuites in all points and since they will have the Pope Christs Vicar by such a Divine right as they themselves are Bishops and have the King under Oath to maintaine the Clergie Bishops and all their Canonicall priviledges amongst which the Bishops of Rome his indirect power in ordine ad spiritualia and to dethrone Kings who turne Heritickes is one principall right I see not how Prelates are not as deepe in treason against Kings as the Pope himselfe and therefore P. Prelate take the beame out of your owne eye The P. Prelate taketh unlearned paines to prove that Gerson Occam Iac. de almaine Parisian Doctors maintained these same grounds a nent the peoples power over Kings in the case of Tyranny and that before Luther and Calvine was in the world and this is to give himselfe the lye that Luther Calvin and we have not this Doctrine from Iesuites and what is Calvines mind is evident Instit l. 4. c. all that the estates may coerce and reduce in order a Tyrant else they are deficient in their trust that God hath given them over the Common-wealth
and Church and this is the Doctrine for which Royalists cry out against Master Knox of blessed memory Buchanan Iunius Brutus Bouchier Rossaeus Althusius and Luther in scripto ad pastorem to 7. German fol. 386. bringeth two examples for resistance the people resisted Saul when he was willing to kill Ionathan his sonne and Ahikam and other Princes rescued Ieremiah out of the hands of the King of Iudah and Gerardus citeth many Divines who second Luther in this as Bugenliagius Iustus Ionas Nicholas Ambsderffius George Spalatinus Iustus Menius Christopher Hofmanus It is knowne what is the mind of Protestant Divines as Beza Pareus Melancthon Bucanus Polanus Chamer all the Divines of France of Germany of Holland No wonder then Prelates were upon the plot of betraying the City of Rochel and of the Protestant Church there when they then will have the Protestants of France for their defensive warres to be Rebels and siders with Iesuites when in these warres Iesuites sought their blood and ruine The P. Prelate having shewn his mind concerning the deposing of Childericke by the Pope of which I say nothing but the Pope was an Antichristian Usurper and the poore man never fit to beare a Crowne he goeth on to set downe an opinion of some mute Authors he might devise a thousand opinions that way to make men beleeve he had been in a wood of learned mens secrets and that never man saw the bottome of the controversie while he seeing the escapes of many Pens as supercilious Bubo praiseth was forced to appeare a Star new risen in the firmament of Pursevants and reveale all dreames and teach all the New-Statists the Gamaliels Buchanan Iunius Brutus and a world who were all sleeping while this Lucifer the sonne of the night did appeare this new way of Lawes Divinity and casuists Theologie They hold saith P. P. Soveraigne power is primarily and naturally in the multitude from it derived to thâ— King immediatly from God The reason of which order is because we cannot reape the fruites of government unlesse by compact we submit to some possible and accidentall inconveniences Ans. 1. Who speaketh so the P. Prelate cannot name That Soveraigne power is primarily and naturally in the multitude Vertually it may be Soveraignty is in the multitude but primarily and naturally as heat is in the fire light in the Sun I thinke the P. Prelate dreamed it no man said it but himselfe for what attribute is naturally in a Subject I conceive may directly and naturally be predicated thereof Now the P. Prelate hath taught us of a very naturall predication Our Dreadful and Soveraign Lord the multitude commandeth this and this 2. This is no more a reason for a Monarchy then for a Democracy for we can reape the fruites of no government except we submit to it 3. We must submit in Monarchy saith he to some possible and accidentall inconveniences Here be soft words but is subversion of Religion Lawes and Liberties of Church and State introducing of Popery Arminianisme of Idolatry Altar-worship the Masse proved by a learned Treatise The Canterburian selfe conviction printed the 3. edit an 1641. never answered couched under the name of inconveniency The pardoning of the innocent blood of hundreds of thousand Protestants in Ireland the killing of many thousands Nobles Barons Commons by the hands of Papists in Armes agâ—inst the Law of the Land the making of England a field of blood the obtruding of an Idolatrous Service-Booke with Armies of men by Sea and Land to blocke up the Kingdome of Scotland are all these inconveniences only 4. Are they only possible and accidentall but make a Monarch absolute as the P. Prelate doth and tyranny is as necessary and as much intended by a sinfull man inclined to make a God of himselfe as it is naturall to men to sinne when they are tempted and to be drunken and giddy with honour and greatnesse witnesse the Kings of Israel and Iudah though de jure they were not absolute Is it accidentall to Nero Iulian to the ten hornes that grew out of the womans head who sate upon the scarlet colloured beast to make warre against the Lambe and his followers especially the spirit of Sathan being in them P. Prelate They inferre 1. They cannot without violation of a Divine ordinance and breach of faith resume the authority they have placed in the King 2. It were high sin to rob authority of its essentials 3. This ordinance is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and hath urgent reasons Ans. 1. These namelesse Authors cannot inferre that an Oath is broken which is made conditionally all authority given by the people to the King is conditionall that he use it for the safety of the people if it be used for their distruction they breake no faith to resume it for they never made faith to give up their power to the King upon such tearmes and so they cannot be said to resume what they never gave 2. So the P. Prelate maketh power to act all the former mischiefes the essentialls of a King Balaam he is not worthy his wages for Prophecying thus that the Kings essentialls is a power of blood and destructive to people Law Religion and liberties of Church and State for otherwise we teach not that people may resume from the King Authority and power of disarme Papists to roote out the bloody Irish and in justice serve them as they have served us 3. This ordinance of the people giving lawfull power to a King for the governing of the people in peace and godlinesse is Gods good pleasure and hath just reasons and causes But that the people make over a power to one man to act all the inconveniences above named I mean the bloody and destructive inconveniences hath nothing of God or reason in it P. Prelate The reasons of this opinion are 1. If Power soveraigne were not in one he could not have strength enough to act all necessary parts and acts of government 2. Nor to prevent divisions which attend multitudes or many indowed with equall power and the Authors say They must part with their native right entirely for a greater good and to prevent greater evills 3. To resume any part of this power of which the people have totally devested themselves or to limit it is to disable Soveraignty from government loose the sinewes of all society c. Ans. 1. I know none for this opinion but the P. Prelate himselfe The first Reason may be made rhyme but never reason for though there be not absolute power to good and ill there may be strength of limited power in abundance in the King and sufficient for all acts of just Government and the adequate end of Government which is salus populi the safetie of the people But the Royalist will have strength to be a Tyrant and act all the Tyrannicall and bloody inconveniences of which we spake an essentiall part of the power of
Deacons are no more admitted by Christ to enter into his sanctuary as governours then the Leaper into the Campe of old and the Moabite and Ammonite were to enter into the congregation of the Lord Deut. 23.3 therefore we have excommunicated this P. Prelate and such Moabites out of the Lords house 2. What be the things that doe not primely concerne salvation the P. Prelate knoweth to wit Images in the Church Altar worship Antichristian Ceremonies which primely concerne damnation 3. I understand not what the P. Prelate meaneth that the King preserveth externall Government in order and decency in Scotland in our Parliament 1633. the prescribed Surplice and he commanded the Service-booke and the Masse-worship The Prelate degradeth the King here to make him onely keep or preserve the Prelates Masse-Clothes they intended indeed to make the King but the Popes servant for all they say and do for him now 4. If the King be vicegerent of Christ in prescribing Laws for the externall ordering of the worship and all their decent symbolicall Ceremonies What more doth the Pope and the Prelate in that kinde He may with as good warrant Preach and Administrate the Sacraments P. Prelate Kings have the sign of the Crosse on their Crowns Answ. Ergo Baculus est in angulo Prelates have put a crosse in the Kings heart and crossed Crown and Throne to Really Some Knights some Ships some Cities and Burroughes do carry a crosse are they made Christs vice-gerents of late By what antiquity doth the Crosse signifie Christ Of old it was a badge of Christians no Religious Ceremony and is this all The King is the vicegerent of Christians The Prelates we know adore the Crosse with Religious worship so must they adore the Crown P. Prelate Grant that the Pope were the Vicar of Christ in spirituall things it followeth not Ergo Kings Crowns are subject to the Pope for Papists teach that all power that was in Christ as man as power to work miracles to institute Sacraments was not transmitted to Peter and his successors Answ. This is a base consequence Make the Pope head of the Church the King if he be a mixed person that is half a Church-man and Christs Vice-gerent both he and Prelates must be members of the head Papists teach that all in Christ as man cannot be transmitted to Peter but a Ministeriall Catholike Headship say Batcanus and his fellows was transmitted from Christ as man and visible head to Peter and the Pope P. Prelate I wish the Pope who claimeth so neer alliance with Christ would learn of him to be meek and humble in heart so should he finde rest to his own soul to Church and State Answ. The same was the wish of Gerson Occam the Doctors of Paris the fathers of the Concels of Constance and Basil yet all make him head of the Church 2. The Excommunicate Prelate is turned Chaplain to Preach to the Pope the Soul-rest that Protestants wish to the Pope is That the Lord would destroy him by the Spirit of his mouth 2 Thes. 2.8 But P. Prelates This wish is a Reformation of accidents with the safety of the subject the Pope and is as good as a wish That the Devill remaining a Devill may finde rest for his soul all we are to pray for as having place in the Church are supposed members of the Church The Prelate would not pray so for the Presbytery by which he was ordained a Pastour 1 Tim. 4.14 though he be now an Apostate It is gratitude to pray for his lucky father the Pope What ever the Prelate wish we pray for and beleeve that desolation shall be his Soul-rest and that the vengeance of the Lord and of his Temple shall fall upon him and the Prelates his sons P. Prelate That which they purpose by denying Kings to be Christs Vice-gerents is to set up a Soveraignty Ecclesiasticall in Presbyteries to constrain Kings repeal his Laws correct his Satutes reverse his Judgements to cite convent and censure Kings and if there be not power to execute what Presbyteries decrees they may call and command the help of the people in whom is the underived Majstie and promise and swear and covenant to defend their fancies against all mortall men with their Goods Lands Fortunes to admit no divisive motion and this Soveraign Association maketh every private man an armed Magistrate Answ. You see the Excommunicate Apostats tusses against the Presbytery of a Reformed Church from which he had his baptism faith ministery 1. We deny the King to be the head of the Church 2. We assert that in the Pastors Doctors and Elders of the Church there is a Ministeriall power as servants under Christ in his authority and name to rebuke and censure Kings that there is revenge in the Gospel against all disobedience 2 Cor. 2.6 and 10.6 The rod of God 1 Cor. 4.21 The rod of Christs lips Isai. 11.4 The Scepter and Sword of Christ Revel 1.16 and 19.15 The Keyes of his Kingdom to binde and loose open and shut Matth. 18.17 18. and 16.19 1 Cor. 5.1 2 3. 2 Thes. 3.14 15. 1 Tim. 1.19 and 5.22 and 5.17 And that this power is committed to the Officers of Christs house call them as you will 3. For reversing of Laws made for the establishing of Popery we think the Church of Christ did well to declare all these unjust grievous decrees and that woe is due to the Iudges even the Queen if they should not repent as Isai. 10.1 And this P. must shew his teeth in this against our Reformation in Scotland which he once commended in Pulpit as a glorious work of Gods right arm And the Assemble of Glaskow 1637. declared That Bishops though established by Acts of Parliament procured by Prelates onely Commissioners and Agents for the Church who betrayed their trust were unlawfull and did supplicate That the ensuing Parliament would annull these wicked Acts. They think God priviledgeth neither King nor others from Church-Censures the P. Prelates imprisoned and silenced the Ministers of Christ who preached against the publike sins the blood oppressions unjustice open swearing and blasphemy of the holy Name of God the countenancing of Idolaters c. in King and Court 4. They did never sought the help of the people against the most unjust standing Law of authority 5. They never swear and covenant to defend their own fancies For the Confession and Covenant of the Protestant Religion translated in Latin to all the Protestants in Europe and America being termed a fancie is a clear evidence That this P. Prelate was justly excommunicated for Popery 6. This Covenant was sworn by King James and his house by the whole Land by the Prelates themselves And to this fancy this P. Prelate by the Law of our Land was obliged to swear when he received degrees in the Universitie 7. There is reason our Covenant should provide against divisive motions The Prelates moved the King to command all the
Land to swear our Covenant in the Prelaticall sense against the intent thereof and onely to devide and so command Iudge what Religion Prelates are of who will have the Name of God prophaned by a whole Nation by swearing fancies 8. Of making private men Magistrates in defending themselves against cut-throats Enough already Let the P. Prelate answer if he can P. Prelate Let no man imagine me to priviledge a King from the direction and just power of the Church or that like Uzzah he should intrude upon sacred actions ex vi ordinis in foro interno conscientiae to Preach or Administrate Sacraments c. Answ. Vzzah did not burn Incense ex vi ordinis as if he had been a Priest but because he was a King and Gods anointed Prelates sit not in Councell and Parliament ex vi ordinis as temporall Lords The Pope is no temporall Monarch ex vi ordinis yet all are intruders So the P. P. will licence Kings to administer Sacraments so they doe it not Ex vi ordinis P.P. Men in sacred Orders in things intrinsecally spirituall have immediatly a directive and authoritative power in order to all whatsoever although ministeriall only as related to Christ but that giveth them no coercive civill power over the Prince per se or per accidens directly or indirectly that either the one way or the other any or many in sacred Order Pope or Presbytery can cite and censure Kings associate Covenant or sweare to resist him and force him to submit to the Scepter of Christ. This power over man God Almighty useth not much lesse hath he given it to man Ps. 110. His people are a willing people Suadenda non cogenda religio Ans. 1. Pastors have a ministerial power saith he in spirituall things but in order to Christ ergo in order to others it is not ministeriall but Lordly So here a Lordly power Pastors have over Kings by the P. P. way We teach it is ministeriall in relation to all because Ministers can make no Lawes as Kings can doe but only as Heralds declare Christs Lawes 2. None of us give any coercive Civill power to the Church over either Kings or any other it is Ecclesiasticall a power to rebuke and censure was never civill 3. A religious Covenant to sweare to resist that is to defend our selves is one thing and a lawfull Oath as is cleare in those of Israel that did sweare Asa's Covenant without the authority of their owne King 2 Chron. 15.9 10 11 12. and to sweare to force the King to submit to Christs Scepter is another thing the Presbytery never did sweare or covenant any such thing nor doe we take Sacrament upon it to force the King Prelates have made the King sweare and take his Sacrament upon it that he shall roote out Puritanes that is Protestants whereas he did sweare at his Coronation to roote out Heretickes that is if Prelates were not traiterous in administring the Oath Arminians and Papists such as this P. P. is knowne to be but I hold that the Estates of Scotland have power to punish the King if he labour to subvert Religion and Lawes 4. If this Argument that Religion is to be perswaded not forced which P. P. useth be good it will make much against the King for the King then can force no man to the externall profession and use of the ordinances of God and not only Kings but all the people should be willing P. Prelate Though the King may not preach c. yet the exercise of these things freely within his Kingdome what concerneth the decent and orderly doing of all and the externall man in the externall government of the Church in appointing things arbitrary ând indifferent and what else is of this straine are so due to the prerogative of the Crowne as that the Priests without highest Rebellion may not usurpe upon him a King in the State and Church is a mixed person not simply civill but sacred too They are not only professors of truth that they have in the capacity of Christians but they are defenders of the faith as Kings they are not sonnes only but Nurse-fathers they serve God as Augustine saith as men and as Kings also Ans. If yee give the King power of the exercises of Word and Sacraments in his Kingdome this is deprivation of Ministers in his Kingdome for sure he cannot hinder them in another Kingdome you may make him to give a Ministeriall calling if he may take it away By what word of God can the King close the mouth of the man of God whom Christ hath commanded to speake in his name 2. If the King may externally governe the Church why may he not excommunicate for this is one of the speciall acts of Church Government especially seeing he is a mixed person that is halfe a Church-man and if he may prescribe Arbitrary teaching Ceremonies Surplice to instruct men in the duties of holinesse required of Pastors I see not but he may teach the Word 3. Dr. Ferne and other Royalists deny Arbitrary Government to the King in the State and with reason because it is Tyranny over the people but Prelates are not ashamed of commanding a thing Arbitrary and indifferent in Gods Worship shall not Arbitrary Government in the Church be tyranny over the conscience But say they Church-men teacheth the King what is decent and orderly in Gods Worship and he commandeth it Ans. Solomon by no teaching of Church-men deposed Abiather David by no teaching of Church-men appointed the forme of the Temple 2. Hath God given a Prerogâ—tive Royall to Kings whereby they may governe the Church and as Kings they shall not know how to use it but in so farre as they are taught by Church-men 4. Certainely we shall once be informed by Gods Word what is this Prerogative if according to it all the externall worship of God may be ordered Lawyers and Royalists teach that it is an absolutenesse of power to doe above or against a Law as they say from 1 Sam. 8. v. 9.11 and whereby the King may oppresse and no man may say What dost thou Now Good P. Prelate if by a plenitude of tyranny the King prescribe what he will in the externall worship and government of Gods House who can rebuke the King though he command all the Antichristian Ceremonies of Rome and of Turkey yea and the sacrificing of children to Molech for absolutenesse Royall will amount to shedding of innocent blood for if any oppose the King or say Sir What doe you he opposeth the Prerogative Royall and that is highest Rebellion saith our P. Prelate 5. I see not how the King is a mixt person because he is Defender of the â—aith as the Pope named the King of England Henry the eighth he defendeth it by his Sword as he is a Nurse-father not by the sword that commeth out of his mouth 6. I would know how Iulian Nebuchadnezzar Og and Sihon
were mixed persons and did all in the externall government of the Church and that by their office as they were Kings 7. All the instances that Augustine bringeth to prove that the King is a mixt person proveth nothing but Civill acts in Kings as Hezekiah cast down the high places the King of Nineve compelled to obey the Prophet Ionah Darius cast Daniels enemies to the Lyons P. Prelate If you make two Soveraignes and two Independents there is no more peace in the State then in Rebeckahs wombe while Jacob and Esau strove for the prerogative Ans. 1. What need Israel strive when Moses and Aaron are two Independents If Aaron make a golden Calfe may not Moses punish him If Moses turne an Achab and sell himselfe to doe wickedly ought not 80 valiant Priests and Aarons both rebuke censure and resist 2. p. 65. The P.P. said Let no man imagine we priviledge the King from the direction and power of the Church so he be no intruding Vzzah I pray P. P. what is this Church power Is it not supreme in its kinde of Church power or is it subordinate to the King If it be supreme see how P. P. maketh two Supremes and two Soveraignes If it be subordinate to the King as he is a mixt person the King is priviledged from this power and he may intrude as Vzzah and by his prerogative as a mixed person he may say Masse and offer a sacrifice if there be no power above his prerogative to curbe him If there be none the P.P. his imagination is reall The King is priviledged from all Church power Let the P.P. see to it I see no inconvenience for reciprocations of subjections in two Supremes and that they may mutually censure and judge one another Object Not in the same cause that is impossible If the King say Masse shall the Church judge and censure the King for intrusion and because the King is also Soveraigne and Supreme in his kinde he may judge and punish the Church for their act of judging and censuring the King it being an intrusion on his prerogative that any should judge the highest Judge Ans. The one is not subiect to the other but in the case of male-administration the innocent as innocent is subject to no higher punishing he may be subject to a higher as accusing citing c. Now the Royalist must give instance in the same cause where the Church faileth against the King and his Civill law and the King in the same cause faileth against the Church-canon and then it shall be easie to answer P. Prelate Religion is the bottome of all happinesse if you make the King only to execute what a Presbyterie commandeth he is in a hard case and you take from him the chiefest in Government Ecclesiasticall power hath the soule in subjection the Civill Soveraigntie holdeth a dead dominion ever the body Then the Pope and Presbyterie shall be in better condition then the King Cic. in Ver. Omnes Religione moventur Superstition is furious and maddeth people that they spare neither Crown nor Mitre Ans. Cold and dry is the P. P. when he spendeth foure pages in declamation for the excellencie of Religion The madnesse of Superstition nothing to the purpose 1. The King hath a chiefe hand in Church affaires when he is a Nurse-father and beareth the Royall sword to defend both the Tables of the Law though he doe not spin and weave Surplices and other base Masse-cloaths to Prelates and such Priests of Baal They dishonour his Majestie who bring his Prerogative so low 2. The King doth not execute with blind obedience with us what the Pope commandeth and the Prelates but with light of knowledge what Synods discernes and he is no more made the servant of the Church by this then the King of Iudah and Nebuchadnezzar are servants to Ieremiah and Daniel because they are to obey the Word of the Lord in their mouth Let them shew a reason of this why they are servants in executing Gods will in Discipline and in punishing what the Holy Ghost by his Apostles and Elders decree when any contemne the Decree concerning the abstinence from blood things strangled c. Act. 15. rather then when they punish murther idolatrie blasphemie which are condemned in the Word preached by Pastors of Christ and farther this objection would have some more colour realitie it hath not if Kings were only to execute what the Church ministerially in Christs name commandeth to be done in Synods but Kings may and doe command Synods to conveen and doe their duty and command many duties never Synodically decreed as they are to cast out of their Court apostate Prelates sleeping many yeares in the Devils armes and are to command Trencher-Divines neglecting their flock and lying at Court attending the falling of a dead Bishop as Ravens doe an old dying horse To goe and attend the flock and not the Court as this P. P. did 3. A King hath greater outward glory and may doe much more service to Christ in respect of extension and is excellenter then the Pastor who yet in regard of intension is busied about nobler things to wit the Soule the Gospel Eternitie than the King 4. Superstition maddeth men but it followeth not that true Religion may not set them on work to defend soule and body against Tyrannie of the Crown and Antichristian Mitres P. Prelate The Kingdome had peace and plentie in Prelates time Ans. A belly-argument We had plenty when we sacrificed to the Queen of Heaven 2. If the Traveller contend to have his purse againe shall the Robber say Robberie was blessed with peace The rest to the end are lies and answered already Only his invectives against ruling Elders falsly called Lay-Elders are not to purpose Parliament-Priests and Lay and Court-Pastors are Lay-Prophets 2. That Presbyteries meddle with Civill businesse is a slander They meddle with publike scandals that offendeth in Christs Kingdome But the Prelate by office was more in two elements in Church and State then any Frogs even in the Kings Leavenâ—tubs ordinarily 3. Something he saith of Popes usurping over Kings but only of one of his fathers a great uncleane spirit Gregorie the Great But if he had refuted him by Gods Word he should have thrown stones at his own Tribe for Prelates like him doe ex officio trample upon the neck of Kings 4. His testimonies of one Councell and one Father for all Antiquitie proveth nothing Athanasius said God hath given Davids Throne to Kings What to be Head of the Church No to be the Minister of God without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the Church And because Kings reigne by Christ as the Councell of Arimin saith therefore it may follow a Baily is also Head of the Church It is taken from Prov. 8. and answered 5. That Presbyteries have usurped upon Kings more then Popes since Hildebrand is a lie all stories are full of the usurpation of Prelates his own
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
be regarded This is a strong Argument that the Parliaments never made the King supreame Iudge Quoad actus elicitos in all causes nay not if the King have a Cause of his owne that concerneth Lands of the Crowne farre lesse can the King have a will of Prerogative above the Law by our Lawes of Scotland And therefore when in the eighth Parliament King Ia. 6. the Kings Royall Power is established in the first Act the very next act immediatly subjoyned thereunto declareth the authority of the supreame Court of Parliament continued past all memory of man unto this day and constitute of the free voices of the three estates of this ancient Kingdome which in the Parliament 1606. is called The ancient and fundamentall policy of this Kingdome and so fundamentall as if it should be innovate such confusion would ensue as it could no more be a free Monarchy as is exprest in the Parliaments printed Commission 1604. by whom the same under God hath been upholden rebellious and traiterous subjects punished the good and faithfull preserved and maintained and the Lawes and Acts of Parliament by which all men are governed made and established and appointeth the Honour Authority and Dignity of the Estates of Parliament to stand in their owne integrity according to the ancient and laudable custome by past without alteration or diminution and therefore dischargeth any to presume or take in hand To impugne the dignity and the authority of the said Estates or to seeke or procure the innovation or diminution of their power or authority under the paine of Treason and therefore in the next Act they discharge all Iurisdictions or Judicatories albeit appointed by the Kings Majesty as the High Commission was without their Warrant and approbation and that as contrary to the fundamentall Laws above titled 48. Act. Parl. 3. K. Ia. 1. and Act. 79. Parl. 6. King Ia. 4. whereby the Lieges should only be ruled by the Lawes or Acts past in the Parliament of this Kingdome Now what was the ancient Dignity Authority and power of the Parliaments of Scotland which is to stand without diminution that will be easily and best known from the subsequent passages or Historians which can also be very easily verified by the old Registers whensoever they should be produced In the meane time remember that in Parliament and by Act of Parl. K. Ia. 6. for observing the due order of Parliament promiseth never to doe or command any thing which may directly or indirectly prejudge the libertie of free reasoning or voting of Parliament K. Ia. 6. Parl. 11. Act. 40. And withall to evidence the freedome of the Parliament of Scotland from that absolute unlimited Prerogative of the Prince and their libertie to resist his breaking of Covenant with them or Treaties with forraigne Nations Ye shall consider 1. That the Kings of Scotland are obliged before they be inaugurate to sweare and make their faithfull Covenant to the true Kirk of God that they shall maintaine defend and set forward the true Religion confessed and established within this Realme even as they are obliged and astricted by the Law of God aswell in Deuteronomie as in the 11 chap. of the 2. book of the Kings and as they crave obedience of their subjects So that the bond and contract shall be mutuall and reciprocall in all time comming between the Prince and the People according to the Word of God as is fully exprest in the Register of the convention of Estates Iuly 1567. 2. That important Acts and Sentences at home whereof one is printed 112 Act. Parl. 14. K. Ia. 3. and in Treaties with Forraigne Princes the Estates of Parliament did append their severall Seales with the Kings Great Seale which to Grotius Barclaius and Arnisaeus is an undeniable argument of a limited Prince as well as the stile of our Parliament that the Estates with the King ordaine ratifie rescind c. as also they were obliged in case of the Kings breaking these Treaties to resist him therein even by armes and that without any breach of their allegiance or of his Prerogative as is yet extant in the records of our old Treaties with England and France c. But to goe on and leave some high mysteries unto a rejoynder And to the end I may make good that nothing is here taught in this Treatise but the very Doctrine of the Church of Scotland I desire that the Reader may take notice of the larger Confession of the Church of Scotland printed with the Syntagme and body of the Confessions at Geneva anno MDCXII and authorized by King Iames the 6. and the three Estates in Parliament and printed in our Acts of Parliament Parl. 15. K. Iames 6. An. 1567. Amongst good works of the Second Table saith our Confession art 14. are these To honour Father Mother Princes Rulers and superiour Powers To love them to support them yea to obey their Charge not repugning to the commandement of God to save the lives of innocents to represse Tyrannie to defend the oppressed to keep our bodies cleane and holy c. The contrary whereof is To disobey or resist any that God hath placed in Authoritie while they passe not over the bounds of their office to murther or to consent thereunto to beare hatred or to let innocent blood be shed if we may withstand it c. Now the Confession citeth in the margin Ephes. 6.1.7 and Ezek. 22.1 2 3 4 c. where it is evident by the name of Father and Mother all inferiour Iudges as well as the King and especially the Princes Rulers and Lords of Parliament are understood 2. Ezek. 22. The bloody City is to be judged because they releeved not the oppressed out of the hand of bloody Princes v. 6. who every one of them were to their power to shed innocent blood 3. To resist superiour powers and so the Estates of Parliament as the Cavaliers of Scotland doe is resistance forbidden Romans 13.1 the place is also cited in the confession And the Confession exponeth the place Romans 13. according to the interpretation of all sound Expositers as is evident in these words Art 24. And therefore we confesse and avouch that such as resist the supreame power doing that thing which appertaineth to his charge doe resist Gods ordinance and therefore cannot be guiltlesse And further we affirme that whosoever denyeth unto them aide their counsell and comfort while as the Princes and Rulers vigilantly travell in execution of their Office that the same men deny their helpe support and counsell to God who by the presence of his Lieutenant craves it of them From which words we have cleare 1. That to resist the King or Parliament is to resist them while as they are doing the thing that appertaineth to their charge and while they vigilantly travell in the execution of their office But while King and Parliament doe acts of Tyranny against Gods Law and all good Lawes of men they doe not the things
cast in a word of other Confessions lest we seeme to be Iesuites alone The Confession of Helvetia saith c. 30. de Magistratu Viduas pupillos afflictos asserat Every Magistrate is to defend the widow the orphan and the oppressed The French Confession saith art 40. Affirmamus ergo parendumesse Legibus Statutis solvenda Tributa subjectionis denique jugum voluntariè tolerandum etiamsi infideles fuerint Magistratus dummodo Dei summum imperium integrum illibatum maneat So cleare it is that all active obedience is due to all Magistrates and that that yoake of passive obedience is to be tolerated but conditionally with a dummodo so as the Magistrate violate not the supreme commandement of the King of Kings And we know accordingly Protestants of that Church have taken defensive armes against their King But our P. Prelate can say The Confessions of Scotland Helvetia France and all the Reformed Churches are Jesuiticall when as it was the doctrine of the Waldenses Protestants and Luther Calvin and others while as there was no Iesuite on earth The 37. Art of the Church of Englands Confession is so far from erecting an absolute power in the King that they expresly bring down the Royall Prerogative from the high seat and transcendent superlative power above the Law and expone the Prerogative to be nothing but meere Law-power We only say they ascribe that Prerogative to the King which the Scripture doth ascribe to all Godly Princes that is that they cause all committed to their trust whether Ecclesiasticall or Civill persons doe their duty and punish with the Civill sword all disobedient offenders In syntag Confess And this they say in answer to some who beleeved the Church of England made the King the Head of the Church The Prelates Convocation must be Iesuites to this P. P. also So the 36. Article of the Belgick Confession saith of all Magistrates no lesse then of a King We know for Tyrannie of Soule and Body they justly revolted from their King Idcirco Magistratus ipsos gladio armavit ut malos quidem plectant paenis probos vero tueantur Horum porro est non modo de Civili politia conservanda esse solicitos verum etiam dare operam ut sacrum Ministerium conservetur omnis Idololatria adulterinus Dei cultus è medio tollatur regnum Antichristi diruatur c. Then all Magistrates though inferiour must doe their duty that the Law of God hath laid on them though the King forbid them But by the Belgick Confession and the Scripture it is their duty to relieve the oppressed to use the sword against murthering Papists and Irish Rebels and destroying Cavaliers For shall it be a good plea in the day of Christ to say Lord Iesus we would have used thy sword against bloody Murtherers if thy Anoynted the King had not commanded us to obey a mortall King rather than the King of ages and to execute no judgement for the oppressed because he judged them faithfull Catholike subjects Let all Oxford and Cavalier Doctors in the three Kingdomes satisfie the consciences of men in this that inferior Iudges are to obey a Divine Law with a proviso that the King command them so to doe and otherwise they are to obey Men rather then God This is evidently holden forth in the Argentine Confession exhibited by foure Cities to the Emperour Charles the Fifth An. M.D.XXX. in the same very cause of innocent Defence that we are now in in the three Kingdomes of Scotland England and Ireland The Saxonick Confession exhibited to the Councell of Trent An. M.D.LI. art 23 maketh the Magistrates office essentially to consist in keeping of the two Tables of Gods Law and so what can follow hence but in so far as he defendeth Murtherers or if he be a King and shall with the sword or Armies impede inferior Magistrates for the Confession speaketh of all to defend Gods law and true Religion against Papists Murtherers and bloody Cavaliers and hinder them to execute the judgement of the Lord against evill doers He is not in that a Magistrate and the denying of obedience active or passive to him in that is no resistance to the Ordinance of God but by the contrary the King himselfe must resist the ordinance of God The Confession of Bohemia is clear art 16. Qui publico munere magistratuque funguntur quemcunquegradū teneant se non suum sed Dei opus agere sciant Hence all inferior or the supreme Magistrate what ever be their place they doe not their own work nor the work of the King but the work of God in the use of the sword Ergo they are to use the sword against bloody Cavaliers as doing Gods worke suppose the King should forbid them to doe Gods worke And it saith of all Magistrates Sunt autem Magistratuum partes ac munus omnibus ex aequo jus dicere in communem omnium usum sine personarum acceptatione pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis hanc inter turbantibus poenas sumere aliosque omnes ab eorum vi injuria vindicare Now this Confession was the faith of the Barons and Nobles of Bohemia who were Magistrates and exhibited to the Emperor An. 1535. in the cause not unlike unto ours now and the Emperor was their Soveraigne yet they professe they are obliged in conscience to defend all under them from all violence and injuries that the Emperor or any other could bring on them and that this is their office before God which they are obliged to performe as a worke of God and the Christian Magistrate is not to doe that worke which is not his own but Gods upon condition that the King shall not inhibite him What if the King shall inhibite Parliaments Princes and Rulers to relieve the oppressed to defend the Orphan the Widow the Stranger from unjust violence Shall they obey man rather than God To say no more of this Prelates in Scotland did what they could to hinder his Majestie to indict a Parliament 2. When it was indicted to have its freedome destroyed by prelimitations 3. When it was sitting their care was to divide impede and anull the course of Iustice. 4. All in the P. Prelates booke tendeth to abolish Parliaments and to enervate their power 5. There were many wayes used to break up Parliaments in England And to command Iudges not to judge at all but to interrupt the course of Iustice is all one as to command unrighteous judgement Ier. 22. v. 3. 6. Many wayes have been used by Cavaliers to cut off Parliaments and the present Parliament in England The paper found in William Lauds Studie touching feares and hopes of the Parliament of England evidenceth that Cavaliers hate the Supreme seat of Iustice and would it were not in the World which is the highest rebellion and resistance made against superior Powers 1. He feareth this Parliament shall begin
where the last left Ans. What ever ungrate Courtier had hand in the death of King Iames deserved to come under Tryall 2. He feareth they sacrifice some man Ans. If Parliaments have not power to cut off Rebels and corrupt Iudges the root of their being is undone 2. If they be lawfull Courts none needeth feare them but the guilty 3. He feareth their Consultations be long and the supply must be present Ans. Then Cavaliers intend Parliaments for Subsidies to the King to foment and promote the warre against Scotland not for Iustice. 2. He that feareth long and serious consultations to rip up and launce the wounds of Church and State is affraid that the wounds be cured 4. He feareth they deny Subsidies which are due by the Law of God Nature and Nations whereas Parliaments have but their deliberation and consent for the manner of giving otherwise this is to sell Subsidies not to give them Ans. Tribute and the standing Revenues of the King are due by the Law of God and Nations but Subsidies are occasionall Rents given upon occasion of Warre or some extraordinary necessity and they are not given to the King as Tribute and standing Revenues which the King may bestow for his House Family and Royall Honour but they are given by the Kingdome rather to the Kingdome then to the King for the present warre or some other necessity of the Kingdome and therefore are not due to the King as King by any Law of Nature or Nations and so should not be given but by deliberation and judiciall sentence of the States and they are not sold to the King but given out by the Kingdome by Statute of Parliament to be bestowed on the Kingdome and the King should sell no Acts of Justice for Subsidies 5. He dare not speake of the consequences if the King grant Bills of Grace and part with the flowers of the Crowne Ans. He dare not say The people shall vindicate their liberty by selling Subsidies to buy branches of the Prerogative Royall and diminishing the Kings fancied absolutenesse so would Prelates have the King absolute that they may ride over the soules purses persons estates and Religion of men upon the horse of pretended absolutenesse 6. He feareth the Parliament fall upon Church businesse but 1. The Church is too weake already if it had more power the King might have more both obedience and service 2. The Houses can be no competent Iudges in point of Doctrine 3. For the King Clergy and Convocation are Iudges in all causes Ecclesiasticall Ans. 1. This striketh at the root of all Parliamentary power 1. The P. P. giveth them but a poore deliberative power in Subsidies and that is to make the Kings Will a Law in taking all the subjects goods from them to foment warre against the subjects 2. He taketh all jurisdiction from them â—ver Persons though they were as black Traitors as breathe 3. And spoileth them of all power in Church matters to make all Iudges yea and the King himselfe yield blind obedience to the Pope and Prelate and their illuminated Clergie Sure I am P. Maxwell imputeth this but most unjustly to Presbyteries What essentiall and fundamentall priviledges are left to Parliaments David and the Parliament of Israel are impertinent Iudges in the matter of bringing home the Ark of God And for the Churches weaknesse that is the weaknesse of the damned Prelates shall this be the Kings weaknesse Yes the P.P. must make it true No Bishop no King 7. He feareth factious spirits will take heart to themselves if the King yield to them without any submission of theirs Ans. The Princes and Iudges of the Land are a company of factious men and so no Parliament no Court but at best some good advisers of a King to breake up the Parliament because they refuse Subsidies that he may be a lawlesse way extort Subsidies 8. He desireth the Parliament may sit a short time that they may not well understand one another Ans. He loveth short or no justice from the Parliament he feareth they reforme Gods house and execute justice on men like himselfe But I returne to the Scotish Parliament Assert 2. The Parliament is to regulate the power of the King The heritable Sheriffes complaine that the King granteth Commissions to others in cases perteining to their office Whereupon the Estates Par. 6. K. Iam. 5. Act. 82. dischargeth all such Commissions as also appointeth that all Murtherers be judged by the Iustice generall only And in severall Acts the King is inhibited to grant pardons to malefactors K. Ia. 6. Act. 75. P. 11. It is to be considered that King Iames in his Basilicon Doron layeth down an unsound ground that Fergus the first father of 107 Kings of Scotland conquered this Kingdom The contrary whereof is asserted by Fordome Major Boethius Buchannan Hollanshed who run all upon this Principle That the Estates of the Kingdome did 1. Choose a Monarchie and freely and no other Government 2 That they freely elected Fergus to be their King 3. King Fergus frequently conveened the Parliament called Inâ—ulanorum Duces Tribuum Rectores Majorum consessus Conventus Ordinum conventus Statuum Communitatum Regni Phylarchi Primores Principes patres and as Hollanshed saith they made Fergus King therefore a Parliament must be before the King yea and after the death of King Fergus Philarchi coeunt concione advocatâ the Estates convened without any King and made that fundamentall Law Regni electivi That when the Kings Children were minores any of the Fergusian Race might be chosen to Reigne and this indured to the daies of Kennethus and Redotha Rex 7. resigneth and maketh over the Government into the hands of the Parliament and Philarchi Tribuum Gabernatores ordained Therius the 8. King Buchanan l. 4. Rer. Scot. calleth him Reutha and said he did this Populo egrè permittente then the Royall Power recurred to the fountaine Therius the 8. a wicked man filled the Kingdome with Roberies fearing that the Parliament should punish him fled to the Britaines and thereupon the Parliament choose Connanus to be Prorex and protector of the Kingdome Finnanus R. 10. Decreed Ne quid Reges quod majoris esset momenti nisi de publici consilii authoritate juberent ne domestico consilio remp administrarent regia publicaque negotia non sine patrum consultatione ductuque tractarentur nec bellum pacem aut faedera reges per se patrum Tribuumve Rectorum injussu facerent demerentue Then it is cleare that Parliaments were consortes imperii and had Authority with and above the King When a Law is made that the Kings should doe nothing Injussu rectorum tribuum without commandement of the Parliament a Cabinet Counsell was not lawfull to the Kings of Scotland So Durstus Rex XI sweareth to the Parliament Se nihil nisi de primorum consilio acturum That he shall doe nothing but by counsell of the Rulers and Heads of
Confession of Faith being ratified in Acts made by the three Estates that the Kings must sweare at their Coronation In the presence of the eternall God that they shall maintaine the true Religion right Preaching and administration of the Sacraments now received and preached within this Realme and shall abolish and gain-stand all false Religions contrary to the same and shall rule the people committed to their charge according to the will of God laudable Lawes and Constitutions of the Realme c. The 1. Parl. of K. Iames the 6. 1567. approveth the Acts Parl. 1560. conceived only in name of the States without the King and Queen who had deserted the same So saith the Act 2.5.4.20.28 And so this Parliament wanting the King and Queenes authoritie is confirmed Parl. 1572. Act. 51. K. Ia. 6. and Parl. 1581. Act. 1. and Parl. 1581. Act. 115. in which it is declared That they have been Common lawes from their first Date and all are ratified Parl. 1587. and Parl. 1592. Act. 1. and stand ratified to this day by K. Charles his Parliament An. 1633. The Act of the Assemblie 1566. commendeth that Parliament 1560. as the most lawfull and free Parliament that ever was in the Kingdome Yea even Parl. 1641. King Charles himselfe being present an Act was passed upon the occasion of the Kings illegall imprisoning of the Laird of Langtoune That the King hath no power to imprison any Member of the Parliament without consent of the Parliament Which Act to the great prejudice of the libertie of the Subject should not have been left unprinted for by what Law the King may imprison one Member of the Parliament by that same reason he may imprison two and twenty and a hundreth and so may he clap up the whole Free Estates and where shall then the highest Court of the Kingdome be All Polititians say The King is a limited Prince not absolute where the King giveth out Lawes not in his own name but in the name of himselfe and the Estates judicially conveened Pag. 33. of the old Acts of Parliament Members are summoned to treat and conclude The duty of Parliaments and their power according to the Laws of Scotland may be seen in the Historie of Knox now printed at London An. 1643. in the Nobles proceeding with the Queen who killed her Husband and maried Bodwell and was arraigned in Parliament and by a great part condemned to death by many to perpetuall imprisonment King Charles received not Crown Sword and Scepter while first he did sweare the Oath that King Iames his Father did sweare 2. He was not crowned till one of every one of the three Estates came and offered to him the Crown 3. With an expresse condition of his duty before he be crowned After King Charles said I will by Gods assistance bestow my life for your defence wishing to live no longer then that I may see this Kingdome flourish in happinesse Thereafter the King shewing himselfe on a Stage to the people the P. Archbishop said Sir I doe present unto you King Charles the right descended inheritor the Crown and dignitie of this Realme appointed by the Peeres of the Kingdome And Are ye not willing to have him for your King and become subject to him The King turning himselfe on the stage to be seen of the People They declare their willingnesse by crying God save King Charles Let the King live QUEST XLIV Generall results of the former Doctrine in some few Corollaries or straying Questions fallen off the Road-way answered briefly QUest 1. Whether all Governments be but broken Governments and deviations from Monarchie Answ. It is denyed There is no lesse somewhat of Gods authoritie in Government by many or some of the choisest of the People than in Monarchie nor can we judge any Ordinance of Man unlawfull for we are to be subject to all for the Lords sake 1 Pet. 2.13 Tit. 3.1 1 Tim. 2.1 2 3.2 Though Monarchie should seeme the rule of all other Governments in regard of resemblance of the supreme Monarch of all Yet is it not the morall rule from which if other Governments shall erre they are to be judged sinfull deviations Quest. 2. Whether is Royaltie an immediate issue and spring of Nature Answ. No For man fallen in sinne knowing naturally he hath need of a Law and a Government could have by reason devised Governors one or moe and the supervenient institution of God comming upon this Ordinance doth more fully assure us that God for mans good hath appointed Governours but if we consult with Nature many Iudges and Governors to fallen Nature seeme nearer of blood to Nature then one only for two because of mans weaknesse are better then one Now Nature seemeth to me not to teach that one onely sinfull man should be the sole and onely Ruler of a whole Kingdome God in his Word ever joyned with the Supreme Ruler many Rulers who as touching the essence of a Iudge which is to rule for God were all equally Iudges some reserved Acts or a longer cubite of power in regard of extent being due to the King Quest. 3. Whether Magistrates as Magistrates be naturall Answ. Nature is considered as whole and sinlesse or as fallen and broken In the former consideration that either man should stand in need of any to compell him with the sword to doe his duty and not oppresse was no more naturall to man than to stand in need of Lictors and Hangmen or Physitians for the body which in this state was not in a capacitie of sicknesse or death And so Government by Parents and Husbands was only naturall in the latter consideration Magistrates as Magistrates are two wayes considered 1. According to the knowledge of such an Ordinance 2. According to the actuall erection of the practice of the office of Magistrates In the former notion I humbly conceive that by Natures light Man now fallen and broken even under all the fractions of the powers and faculties of the soule doth know that promises of reward feare of punishment and the coactive power of the Sword as Plato said are naturall meanes to move us and wings to promote obedience and to doe our duty And that Government by Magistrates is naturall But in the second relation it is hard to determine that Kings rather then other Governours are more naturall Quest. 4. Whether Nature hath determined that there should be one supreme Ruler a King or many Rulers in a free Commnitie Answ. It is denyed Quest. 6. Whether every free Commonwealth hath not in it a supremacie of Majestie which it may formally place in one or many Answ. It is affirmed Quest. 6. Whether absolute and unlimited power of Royaltie be a ray and beame of Divine Majestie immediately derived from God Answ. Not at all Such a creature is not in the world of Gods creation Royalists and flatterers of Kings are parents to this prodigious birth There is no shadow of power to doe ill in God An
King maketh away part of his Dominion The Lord is here to be waited on in his good Providence and events are to be committed to him but far lesse can it be imaginably lawfull for a King to make away a part of his Dominions without their consent that he may have help from a forraign Prince to destroy the rest This were to make merchandize of the lives of men Quest. 18. Whether or no the convening of the subjects without the Kings will be unlawfull Answ. The convention of men of it self is an indifferent thing and taketh its specification from its causes and manner of convening though some convention of the Subjects without the King be forbidden yet Ratio Legis est anima Legis The reason and intent of the Law is the soul of the Law Convention of the Subjects in a tumultuary way for a seditious end to make war without warrant of Law is forbidden but not when Religion Laws Liberties Invasion of forraign Enemies necessitateth the Subjects to conveen though the King and ordinary Iudicatures going a corrupt way to pervert Iudgement shall refuse to consent to their conventions Upon which ground no convention of Tables at Edinburgh or any other place An. 1637. 1638. 1639. can be judged there unlawfull for if these be unlawfull because they are convention of the Leagues without expresse Act of Parliament then the convention of the Leagues to quench a house on fire and the convention of a Countrey to pursue a Wolf entered in the Land to destroy women and children which are warranted by the Law of nature should be lawlesse or against Acts of Parliament Quest. 19. Whether the Subjects be obliged to pay the debts of the King Answ. These debts which the King contracteth as King in Throno Regali the people are to pay For the Law of nature and the divine Law doth prove That to every servant and Minister wages is due Rom. 13.5 6. compared with Vers. 4. and 1 Cor. 9.9 10 11 12. 1 Tim. 5.18 If the Prince be taken in a war for the defence of the people it is just that he be redeemed by them So the Law saith Tit. F. C. de negotiis gestis F. C. Manda But when Fer. Vasquius illust quest l. 1. c. 7. n. 6. Vicesimo tertio apparet c. saith If the Prince was not doing the businesse of the publike and did make war without advice and consent of the people then are they not to redeem him Now certain it is when the King raiseth war not onely against his Oath and saith God do so to me and mine if I intend any thing but peace yet maketh war and also raiseth war without consent of the Parliament and a Parliament at that time convocated by his own Royall Writ and not raised and dissolved at all but still sitting formally a Parliament if he borrow money from his own Subjects and from forraign Princes to raise war against his Subjects and Parliament then the people are not obliged to pay his debts 1. Because they are obliged to the King only as a King and not as an enemy But in so raising war he cannot be considered as a King 2. Though if the people agree with him and still acknowledge him King it is unpossible Physicè he can be their King and they not pay his debts yet they sin not but may ex decentia non ex debito legali pay his debts yet are they not obliged by any Law of God or man to pay his debts but though it be true by all Law the King be obliged to pay his debt except we say that all the peoples goods are the Kings a compendious way I confesse to pay all that any voluptuous Hâ—liogabolus shall contract yet it may easily be proved That what his subjects and forraign Princes lent him to the raising of an unjust war are not properly debts but expences unjustly given out under the reduplication of formall enemies to the Countrey and so not payable by the Subjects and this is evident by Law because one may give most unjustly moneys to his neighbour under the notion of loan which yet hath nothing of the essence of loan and debt but is meer delapidation and cannot properly be debt by Gods Law for the Law regulateth a man in borrowing and lending as in other politike actions if I out of desire of revenge should lend moneys to a robber to buy powder and fewel to burn an innocent Citie or to buy armour to kill innocent men I deny that that is legally debt I dispute not whether A. B. borrowing money formally that thereby he may buy a Whore shall be obliged to repay it to C. D. under the reduplication of debt or if the borrower be obliged to pay what the lender hath unjustly lent I dare not pray to God That all our Kings debts may be payed I have scarce faith so to do Quest. 20. Whether Subsidies be due to the King as King Answ. There is a twofold Subsidie one Debitum of debt another Charitativum By way of charitie a Subsidie of debt is rather the Kingdoms due for their necessitie then the Kings due as a part of his rent we read of Custome due to the King as King and for conscience sake Rom. 13.5 6. never of a Subsidie or taxation to the Kings of Israel and Judah at any convention of the States Augustus Caesar his taxing of all the World Luk. 2. for the maintenance of Wars cannot be the proper rent of Augustus as Emperour but the rent of the Romane Empire and it is but the fact of a man Charitative subsidies to the King of indulgence because through bad husbanding of the Kings rents he hath contracted debts I judge no better than Royall and Princely begging Yet lawfull they are as I owe charitie to my brother so to my father so to my Politique father the King See Ferd. Vasq. illust quest l. 1. c. 8. who desireth that Superiors under the name of Charitie hid not rapine and citeth Cleer gravely saying offic l. 1. Nulla generi humano justitiae major pestis est quam eorum qui dum maximè fallunt id agunt ut boni viri esse videantur c. Quest. 21. Whether the Seas Floods Road-wayes Castles Ports publike Magazine Militia Armour Forts and Strengths be the Kings Ans. All these may be understood to be the Kings in divers notions 1. They are the Kings quoad custodiam publicam possessionem as a pawn is the mans in whose hand the pawn is laid down 2. They are the Kings quoad jurisdictionem cumulativam non privativam The King is to direct and Royally to command that the Castles Forts Ports Strengths Armour Magazine Militia be imployed for the safetie of the Kingdome All the Wayes Bridges the publike Road-wayes are the Kings in so far as he as a publike and Royall watchman is to secure the Subjects from Robbers and to cognosce of unknown
84. (a) Covarr to 4 pract quest c. 1. â— 2. Government how both naturall and also voluntary There is a subordination of creatures naturall and government must be naturall and yet this or that forme iâ— voluntary Edward Symmons in his loyall subjects beleefe sect 3. p. 16. Royaltie not transmittable from father to sonne Vpon what tearme a people chooseth a Familie to reigne over them by succession The Throne by speciall promises of God made to David and his seed Ps. 89. no ground to make birth in foro dei a iust title to the Crowne 3 Arg. M. Symmons Loyall Subjects beliefe Sect. 3. p. 16. Title to a Crown by conquest must be unlawfull if truth be Gods just Title to a Crowne Royalists who hold conquests a iust title to the Crowne teach manifest treason against our Soveraigne King Charles and his Heires 4. Arg. Onely bona fortunae not honour is transmittable from father to son Violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull King Naked birth is inferiour to the divine unction which yet made no man a King without the peoples election Symmons loyall Subiects beleef Sect. 3. p. 16. Birth a typical designment to the crown If a Kingdom were by birth the King might sell it Symons sect 3. pag. 7. Joan. Episcâ— Roffens de potest Papae l. 2. c. 5. Arnisaeuâ— de authorit princip c. 1. n. 13. The heir of a Crown hath the Crown as the patrimony of the Kingdom not of the King his father The choice of a family to the Crown resolveth upon the free election of the people as on the fountain-cause 6. Argum. Sect. 4. p. 39. Election of a family to the Crown lawfull Speed Hist. pag. 757. A King by elâ—ction commâ—th neerer to the first King thâ—â— a Kâ—ng by sucâ—â—ssiâ—n D. Fern part 3. sect 3 p. 14. If the people may limit the King they may give him power A community have not power formally to punish themselves Barclay cont Monarcham c. 2. p. 56. The elective King and the hereditary King better and worse every one then another in divers relations Sac. sanc Reg. Maiest c. 17. p. 158. Letter p. 7. Twofold right of conquest Sect. 7. p. 30. Vniust conquest is no signification of Gods approving Will. 1 Arg. 2 Arg. Meere violent domineering is contrary to the rules of governing 3 Arg. Violence hath nothing in it of a King 4 Arg. 5 Arg. A King given to a people by a bloody Conquest must be a judgement not a blessing and so not per se a King 6 Arg. Strength as prevailing strength is not law or reason Fathers cannot dispose of the liberty of the posteritie not borne A father as a father hath not power of life and death Hugo Gootius de â—ute belli pacis l. 2. c. 4. n. 10. 7 Arg. Part 3. Sect. 3. pag. 20. Arnisaeus de authoritat Princip c. 1. n. 12. The peoples and Davids conquest of Canaanites Amonites and Edomites do not prove conquest to be a good title to a Crown Davids conquest of the Ammonites more rigorous then that it can legitimate Crowns by conquest 2 Sam. 12.30.31 7. sorts of superioritie and inferioritie Power of life and death from a positive law not from the superioritie oâ— father children 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A dominion antecedent and consequent Kings and subjects no naturall order Buchan de juâ— Regni apud Scoâ—tos A man is borâ— consequenter iâ— a poltique reâ—lation Slavery not naturall Every man by nature free borne in regard of civill subjection 1 Arg. 2 Arg. 3 Arg. 4 Arg. 5 Arg. 6 Arg. Politque societie naturall in radice free in modo rei 7 Arg. Sac. sanct Râ—g ma. c. 12. p. 12â— P. Prelate Politick Government how naturall P. Prelate Sac. sanct Mai. p. â—26 Inslaving of children by the parents not naturall The King under a naturall but no civil obligation to the people say Royalists If the condition without the which one of the parties would never have entered in covenant be not performed that person is loosed from the covenant Arnis de anthorit prin c. 1 n. 6 7. The people Princes in their place are obliged to maintain Religion and Iustice no lesse then the King In so far as the King presseth a false Religion on the people catenus in so far they are understood not to have a Kingly power The covenant between King and People giveth a coactive power to each other The covenant bindeth the King as King not as he is a man only The covenant tyeth the King to the People politically as well as to God naturally or religiously 2 Arg. How the covenant is conditionall and what breach dissolveth the covenant One or two tyrannous acts deprive not a King of his Royall right The covenant between King and people conditionall Though there be no positive written covecant which yet we grant not yet there is a naturall tacite and implicite covenant betwixt the King and the people If the King be made King absolutely he is made such an one contrary to the word of God and nature of his office The people are not given to the Kings keeping so as they be his owne as sheep or mony are given The King could not buy or sell borrow or contract debt if his covenant with men did not bind him The covenant sworn by Asa and all Iudah 2 Chron. 15. obligeth the King Barclay Alber. Gentilis in disput Regal l. 2. c. 12. l. â—3 c. 14â— 15.116 Hug. Grotius de jure belli poc l. 2. c. 11 12 13. Arnisaeus do authorit princip c. 1. n. 7.8.10 Haenon disp 2. Ioan. Roffens de potest pape l. 2. c. 5. Adam suppose he had lived till now should not have bin King of the whole earth because a father King a father Metaphorically only A fatherly power and a politike power are not one and the fame D. Ferne par 1. sect 3. pag. 8. Sacr. sanct Reg. Maiest c. 7. pag. 87. Arnisaeus de potest princip c. 3. n. 1.2 See Aristotle saith the Prolate Eth. 8.10 pol. 1. c. Homer Odys 1. he might have said see Arnisaeus loc tit The King as King hath no masterly domion over the people but only fiduciarie To be a King is by office and actu primo to defend save feed and not to hurt or inthral A King not over men as reasonable men Prelate Sacr. sanct maj c. 16· p. 15. Hugo Grotius hath the same de jur bel pacis l. 1. c. 3. A compelled surrender of liberty tyeth not A surrender of ignorance and mistake is some way unvoluntary and obligeth not The Goods of the Subjects not the Kings * Quod jure gentium dicitur F. de justitia jure l. ex hâ—e Quod partim jure civili Iusti de rerum divisio sect singulorum * L. item si verberatum F. de rei vindicat Ias. plene m. l. Barbarius F. de offici
of the Law by grace In re dubia possunt dispensare Principes quia nullus sensus presumitur qui vincat principolem l. â— Sect. initium ib. Kings as Kings cannot doe things of meere grace because they must doe all ex debito officii by necessitie of their office Rom. 13.4 Prov. 17.15 Kings equivocally Kings The King may â—s well do acts of mâ—er cruelty from his supposâ—d Prerogative as acts of meer grace to one man out of the same fountain If Prerogative may ovâ—r-leap Law in one why not in twenty No Tyrant câ—n do any the most cruell act but under the notion of apprehended good Pretended Prerogative Royal of Royalists Tyranny Polanus in Daniel c. 5.19 Rollocus com 16. ib. The Saâ—ches de matr tom 1. l. 2. dis 15. n. 3. est arbitrii plenitudo nulli neâ—â—â—sitati subjecta ruliiusque publicâ— juriâ— regalis limita 〈◊〉 Baldus l. 2. n. 40. C. de servit aqua Suetoâ—i in Caligu cap. 29. memento tibi omnia in omneâ— licere Coelius Rodigi l. 8. Lect. Antiq c. 1. Vasquez illust quest l. 1. c. 26. n. 2. A contradiction in Ferne. Treaties of Monarchicall Government c. 2. pag. 6 7. The King of Persia not absolute The Oâ—th of Iudah to the King of Babylon tyed them not to renounce naturall selfe preservation Servants are not by 1 Pet. 2.18 19. interdited of selfe-defence Declar. at New Market Mar. 9. 1641. Magna Charcâ— against an absolute Prince How the King is Lord of the Parliamenâ— Monarch Governa part 2. c. 1. pag. 31. Sac. sanc Mai. c. 14. p. 144. Princes are not to be invested with power to all Tyranny upon this pretence that they cannot do good except they have also absolute power to do evil Sac. Maj. pag. 145. Sacr. sanc Maj. c. 16. p. 170 171. A power to shed innocent blood is no part of a true Prerogative The King because of the publikenesse of his office inferiour to subjects and other Iudges in many priviledges Loyall subjects belief Sect. 6. p. 19. Barcl l. 4. c. 23. p. 325. Humane Laws as penall take life from Law makers as reasonable they have life from the eternall Law of God The King not greater then the Law No necessitie that an unjust will of a King be either done by us or on us The King hath no Nomothetick power his alone Symmons Loyall Subject Sect. 5. pag. 8. Prerogative Royall warranteth not the Prince to destroy himselfe nor is the people to permit him to cooperat for destruction to themselves The King inferiour to the People Parliaments supplicate not the King ex debito Sac. sanct maj â— 9 p. 103 104 Subordination of the King to the Parliament and coordinatioÌ„ both consistent Do. p. 3. Sect. 4. pag. 27. Temperament of all the three in a limited Monarchy Barcl Ad verfus Monarchomachous l. 1. pag. 24. A King as King how excellent a head of the people how contrary to a Tyrant The King as an erring man no remedy against confusions and oppressions of Anarchy A Court of necessity and a Court of Iustice. Humane Laws not so obscure as Tyranny is legible Ferne part 3. sect 5. pag. 39. It is ridiculous to say a King cannot be so void of reason as to destroy his people Part. 3. sect 5. pag. 39. If there be a civill restraint from mans Law laid upon the King it must be forceable It s more requisite the people religion and Church be secured then one man D. Ferne p. 3. sect 5. pag. 40. To swear to an absolute Prince as absolute is an oath Eatenus in so far not obligatory Difference betwixt a Tyrant in act and a Tyrant in habit Epist. 45. The tragicall end of many Tyrannous Princes â—easons why â—he Peoples â—â—fetie is the â—overaignes â—aw 〈◊〉 good Prince 〈◊〉 to postpone 〈◊〉 own safetie 〈◊〉 the safetie 〈◊〉 the people Sac. sane Maâ— c. 16.159 Dr. Ferne Conscience 〈◊〉 satisfied Sec. p. 28. The King in his governmeâ—â— is to seeke 〈◊〉 safetie of the people not himselfe â—â—c sanc maj 〈◊〉 160. 〈◊〉 Armini Declar. Remonstrant in â—uod dordraâ— The Royalists principles drive at this to make none Kings but only rank Tyrants Vâ—â—dix regum pag. 65. Sac. sanc Mai. 16. pag. 161 162 163. Sacr. san Mâ—i pag. 165. The subjects may gratifie the King for doing what he is obliged to doe by his office Sac. sacr Maâ— pag. 170. Page 172. Symmons hath the same very thing in his Loyall Subjec â—nbelief p. 39. Page 175. The safetie of the people far above the King Page 176. A King may though we should deny all Prerogative breake through the letter of a Law for the safety of the whole Land The Kings supposed Prerogative nothing in comparison of the lives and blood of so many thousands as are killed in England and Ireland The power of the Dictator no plea for a Prerogative above Law Pag. 177. Sac. saâ—â— maj cap. 16. The Law above the King in four considerations The meaning of this The King is not subject to the Law The Law above the King in supremacy of constitution In what sense the King mâ—y do all things Plutarch in Apothâ—g l. 4. The King under the fundamentall Laws Whether the King be punishable or be to he punished Two divers questions Magistratus ipse est judex execùtor contra sâ—ipsum in prâ—pria causa propter excellentiam sut officii l. sâ— pater familias l. hoc Tiberius Caesar F. De Hereâ— â—oc just The King above sâ—me Lawes The King â—bove Lawes that conâ—erne subjâ—cts as subjects Some Lawyers and Schoole-men free the King from the Law Reasons to prove that the King is under the Law Thâ—t a King hath no superiour but God a false ground to liberate the the King from the coaction of Law Argum. 2. Argum. 3. A Tyrant in â—xercise may be puniâ—â—â—d by th◠〈…〉 But how this câ—n 〈◊〉 wâ—th thâ— dâ—ctrine oâ— Râ—yalâ—â—ts I see not to wit Once a father alway a father once a King ever a King None can punish a King 〈◊〉 Goâ— Almighty say they Arg. 4. The Kâ—ng under the strictâ—st obligation of Lâ—w. Arg. 5. A King remaineth a man and a sociall creature 〈…〉 Mai. 〈…〉 1â—6 14â— In what considerations the people is the subject of all politike power Sac. Mai. p. 147 148. C. 15. p. 148. Stollen from Arnisaeus De authorit Prin. c. 4. num 5. pag. 73 If David in his Murthering Vriah and his Adultery sinned against none but God Arg. 6. The place Psa. 51. Against hee only have I sinned Discussed Against thee only c. cannot excluâ—e men as if David had sinned against no mortall men on earth as Royalists would teach Sac. sanct maj pag. 153. Gods delivering his people by Iudges and by Cyrus nothing agâ—inst the power of a free people That the people may swear a Covenant for Reformation of Religion without the King is proved A twofold exposition of Lawes A Rule to expone Lawes The
Prelate conclude that neither constitution nor designation of Kings is from the people Negatur P. 38 39. The excellency of Kings maketh them not of Gods onely Constitution and Designation Ibid. How Soveraigntie is in the people how not P. 43. A Communitie doth not surrender their right and libertie to their Rulers so much as their power active to do and passive to suffer violence P. 44 45. Gods loosing of the bonds of Kings by the mediation of the peoples despising him proveth against the P. P. That the Lord taketh away and giveth Royall Majestie mediately not immediately P. 45 46. The subordination of people to Kings and Rulers both naturall and voluntary the subordination of beasts and creatures to man meerly naturall P. 46 47. The place Gen. 9.5 He that shedeth man's blood c. discussed P. 47 48. QUEST VIII Whether or no the P. Prelate proveth by force of reason That the people cannot be capable of any power of Goverment Negatur pag. 49 50. In any communitie there is an active and passive power to Government P. 50. Popular Government is not that wherein all the whole people are Governours P. 53 54. People by nature are equally indifferent to all the three Governments and are under not any one by nature P. 53. The P. Prelate denyeth the Pope his father to be the Antichrist Ibid. The bad successe of Kings chosen by people proveth nothing against us because Kings chosen by God had bad successe through their own wickednesse P. 54 55. The P. Prelate condemneth King Charls his ratifying Parl. 2. An. 1641. The whole proceedings of Scotland in this present Reformation P. 56. That there be any supreme Judges is an eminent act of divine providence which hindereth not but that the King is made by the people P. 57. The people not patients in making a King as is water in the Sacrament of Baptisme in the Act of production of grace P. 58. QUEST IX Whether or no Soveraigntie is so in and from the people that they may resume their power in time of extreme necessity Negatur pag. 58. How the people is the subject of Soveraignty Ibid. No Tyrannicall power is from God P. 59. People cannot alienate the naturall power of self-defence Ibid. The power of Parliaments P. 60. The Parliament hath more power then the King Ibid. Judges and Kings differ P. 61. People may resume their power not because they are infallible but because they cannot so readily destroy themselves as one man may do P. 63. That the Sanâ—drim punished not David Bathsheba Joab is but a fact not a law P. 63 64. There is a subordination of Creatures naturall Government must be naturall and yet this or that form is voluntary P. 65 66 67. QUEST X. Whether or not Royall birth be equivalent to Divine Unction Negatur pag. 68. Impugned by eight Arguments Ibid. Royalty not transmitted from father to sonne ibid. A family may be chosen to a Crown as a single person is chosen but the tye is conditionall in both pag. 68.69 The Throne by speciall promise made to David and his seed by God Psal. 89. no ground to make birth In foro Dei a just title to the crowne pag. 69 70. A Title by conquest to a Throne must be unlawfull if birth be Gods lawfull title pag. 70. Royalists who held conquâ—st to be a just title to the Crown teach manifest treason against King Charles and his Royall Heires ibid. Only Bona fortunae not honour or Royalty properly transmittable from father to sonne pag. 71. Violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull King pag. 72. Naked birth is inferiour to that very divine unction that made no man a King without the peoples election pag. 73. If a Kingdome were by birth the King might sell it pag. 74. The Crown is the Patrimony of the Kingdome not of him who is King or of his father pag. 72 73 76. Birth a typicall designement to the Crowne in Israel pag. 74. The choise of a family to the Crowne resolveth upon the free election of the people as on the fountaine-cause pag. 76. Election of a family to the Crown lawfull pag. 77. QUEST XI Whether or no he be more principally a King who is a King by birth or he who is a King by the free election of the people Affir posterius pag. 79. The Elective King commeth nearer to the first King Deut. 17. pag. 80. If the people may limit the King they give him the power ibid. A Community have not power formally to punish themselves pag. 81. The Hereditary and the elective Prince in divers considerations better or worse each one then another pag. 82. QUEST XII Whether or no a Kingdome may lawfully be purchased by the sole Title of Conquest Negatur pag. 82. 7. Argu. for the negaâ— a twofold right of conquest ibid. Conquest turned in an after-consent of the people becommeth a just title pag. 83. Conquest not a signification to us of Gods approving will pag. 84. Meere violent domineering contrary to the acts of governing ibid. Violence hath nothing in it of a King ibid. A bloody Conquerour not a blessing per se as a King is pag. 85. Strength as prevailing is not Law or reason pag. 86 Fathers cannot dispone of the liberty of posterity not borne ibid. A father as a father hath not power of life and death pag. 87. Israels and Davids Conquests of the Canaanites Edomites Ammonites not lawfull because conquest but upon a Divine title of Gods promise pag. 88.89 QUEST XIII Whether or no Royall Dignity have its spring from Nature and how that is true every man is borne free and how servitude is contrary to nature Affir 89. Seven sorts of superiority and inferiority pag. 89 90. Power of life and death from a positive Law ibid. A Dominion antecedent and consequent 90. Kings and subjects no naturall order ibid. A man is borne consequenter in politick relation pag. 91. Slavery not naturall from four reasons ibid. Every man borne free in regard of civill subjection not in regard of naturall such as of children and wife to Parents and Husband proved by seven Arguments pag. 91 92 93. Politique Government how necessary how naturall pag. 94. That Parents should inslave their children not naturall pag. 95. QUEST XIV Whether or no the people make a Person their King conditionally or absolutely and whether the King be tyed by any such covenant pag. 96. The King under a naturall but no civill obligation to the people as Royalists teach ibid. The Covenant civilly tyeth the King proved by Scriptures and reasons by 8. Argu. ibid. sequent Jf the condition without which one of the parties would never have entered in Covenant be not performed that party is loosed from the Covenant pag. 97. The people and Princes are obliged in their places for Iustice and Religion no lesse then the King pag. 98. In so farre as the King presseth
a false Religion on the people eatenus in so farre they are understood not to have a King pag. 99. The Covenant giveth a mutuall coactive power to King and people to compell each other though there be not one in earth higher then both to compell each of them pag. 100. The Covenant bindeth the King as King not as he is a man onely pag. 101. One or two Tyrannous acts deprive not the King of his Royall right pag. 104. Though there were no positive written Covenant which yet we grant not yet there is a naturall tacit implicit Covenant tying the King by the nature of his Office pag. 106 If the King be made King absolutely it is contrary to Scripture and the nature of his Office pag. 107. The people given to the King as a pledge not as if they became his owne to dispose of at his absolute will pag. 108. The King could not buy sell borrow if no Covenant should tye him to men ibid. The Covenant sworne by Iudah 2 Chro. 15. tyed the King pag. 109. QUEST XV. Whether the King be univocally or only Analogically and by proportion a father pag. 111 Adam not King of the whole earth because a father ibid. The King a Father Metaphorically and improperly proved by eight Arguments ibid. sequent QUEST XVI Whether or no a despoticall or masterly dominion agree to the King because he is King Negatur pag. 116 The King hath no masterly dominion over the Subjects as if they were his servants Proved by 4. Arguments pag. 116. The King not over men as reasonable creatures to domineere pag. 117. The King cannot give away his Kingdome or his people as if they were his proper goods ibid. A violent surrender of liberty tyeth not pag. 119 A surrender of ignorance is in so farre unvoluntary as it oblige not ibid. The goods of the subjects not the Kings proved by 8. Argu. pag. 120. All the goods of the subjects are the Kings in a four-fold sence· pag. 121· QVEST. XVII Whether or no the Prince have properly the fiduciary or ministeriall power of a Tutor Husband Patron Minister Head Master of a Family not of a lord or dominator Affirmed p. 124. The King a Tutor rather then a Father as these are distinguished ibid. A free Communitie not properly and in all respects a minor and pupill p. 125. The Kings power not properly maritall and husbandly ibid. The King a Patron and Servant pag. 126. The Royall power only from God Immediatione simplicis constitutionis solum solitudine causae primae but not Immediatione applicationis dignitatis ad personam pag. 126. The King the Servant of the people both objectively and subjectively pag. 127. The Lord and the people by one and the same act according to the Physicall relation maketh the King ibid. The King head of the people Metaphorically only not essentially not univocally by 6. Argu. pag. 128. His power fiduciary only pag. 129. QVEST. XVIII What is the Law or manner of the King 1 Sam. 8 9 11. the place discussed fully pag. 130. The Power and the Office badly differenced by Barclay pag. 130. What is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the manner of the King by the harmony of Interpretors ancient and moderne Protestants and Papists pag. 131 132 133. Crying out 1 Sam. 8. not necessarily a remedy of tyranny nor a praying with faith and patience pag. 135 136. Resisting of Kings that are tyrannous and patience not inconsistent ibid. The Law of the King not a permissive Law as was the Law of Devorcement pag. 136 137. The Law of the King 1 Sam. 12.23 24. not a Law of tyranny pag. 138 139. QVEST. XIX Whether or no the King be in Dignity and Power above the people Neg. Impugned by 10. Argu. p. 139. In what consideration the King is above the people and the people above the King pag. 139 140. A meane as a meane inferiour to the end how its true ibid. The King inferiour to the people ibid. The Church because the Church is of more excellency then the King because King pag. 140 141. The people being those to whom the King is given worthier then the gift pag. 141. And the people immortall the King mortall pag. 142. The King a meane only not both the efficient or Author of the Kingdome and a meane Two necessary distinctions of a meane pag. 143 If sin had never been there should have been no King pag. 142. The King is to give his life for his people ibid. The consistent cause more excellent then the effect pag. 143 144 145. The people then the King pag. 144 145. Vnpossible people can limit Royall Power but they must give Royall Power also ibid. The people have an action in making a King proved by foure Arguments ibid. Though it were granted that God immediately made Kings yet it is no consequent God only and not the people can unmake him pag. 146. The people appointing a King over themselves retaine the Fountaine-power of making a King pag. 147 148 149. The meane inferiour to the end and the King as King is a meane pag. 149 150 153. The King as a meane and also as a man inferiour to the people pag. 150. To sweare non-selfe-preservation and to sweare selfe-murther all one pag. 151. The people cannot make away their power 1. Their whole power nor 2. irrevocably to the King pag. 152. The people may resume the power they give to the Commissioners of Parliament when it is abused p. 152 The Tables in Scotland lawfull when the ordinary judicaturies are corrupt p. 153. Quod efficit tale id ipsum magis tale discussed the fountain-power in the people the derived onely in the King p. 153 154 155. The King is a fiduciary a life-renter not a lord or heritor p. 155 156. How soveraigntie is in the people p. 156 157. Power of life and death how in a Community ibid. A Communitie voide of Rulers is yet and may be a politike body p. 157. Iudges gods Analogically p. 158. QUEST XX. Whether Inferiour Judges be essentially the immediate Vicegerents of God as Kings not differing in essence and nature from Kings Affirmatur Proved by twelve Arguments pag. 159. Inferiour Iudges the immediate Vicars of God no lesse then the King ibid. The consciences of inferiour Iudges immediately subordinate to God not to the King either mediately or immediately p. 160. How the inferiour Iudge is the deputy of the King p. 161 162. He may put to death murtherers as having Gods sword committed to him no lesse then the King even though the King command the contrary for he is not to execute judgement and to relieve the oppressed conditionally if a mortall King give him leave but whether the King will or no he is to obey the King of Kings p. 160 161. Inferiour Iudges are ministri regni non ministri regis p. 162 163. The King doth not make Iudges as he is a man by an act of private good will but as he