The Truth of the Times Vindicated, Chapter 3
CHAP. III.
HAving ſhewed the nature of power in generall, in the firſt chapter, & the way & manner of Englands government in ſome meaſure in the ſecond Chapter, I now come to the vindication of the truth, as oppoſed by Dr Fern in his laſt Book called Conſcience ſatisfied, wherein he ſpends the 7 former chapters moſtly in anſwer to a book called a Fuller anſwer. In his 8. Sect. he comes to examine ſuch grounds as I premiſed for the lawfulneſſe of Parliamentary proceedings in taking up of Arms as now they do. That I may not weary the Reader in turning from book to book, I ſhall ſomtimes briefly ſet down what I had written, then his Reply, then give my anſwer unto it.
Mr. Bridge tels us, ſaith the Doctor, that there are three grounds of their proceeding by armes: to fetch in Delinquents to their triall, to ſecure the State from forrain invaſion, to preſerve themſelves from Popiſh rebellon. Dr. Ferne replyeth, Yet this muſt be done in an orderly and legall way; and if conſcience would ſpeake the truth, it could not ſay that any delinquents were denied, or withheld, till the Militia was ſeized, and a great delinquent, in the matter of Hull, was denied to be brought to triall at his Majeſties inſtance.
Anſ. How true this is that the Doctor writes the world knows I need not ſay: the Parliament to this day never denied to try any that were accuſed by the King, ſo that they might be tried legally by himſelf and the two Houſes, which is the known priviledge of every Parliament man according to Law.
Dr. F. But Mr. Bridge tels us, all this is done as an act of ſelf-preſervation, not as an act of juriſdiction over their Prince; and the Fuller Anſwer would have us beleeve they are inabled to it by Law▪ and conſtitution of this government, and that they do it by an act of judgement: let him and Mr. Bridge agree it.
Anſ. There needs no great skill to untie this knot, not mediator to make us friends, the Parliament hath raiſed this Army by an act of judgement and juriſdiction, not over their Prince, but in regard of Delinquents: ſo the ſame act may be a work of juriſdiction in regard of others, and yet an act of preſervation in regard of our ſelves. The execution of any malefactor in an ordinary way of Law is both preſervation to the State, and a work of juriſdiction in regard of the offender, ſo here; yet I do not ſay it is a work of juriſdiction over our Prince, but in regard of delinquents that are about him.
Dr. F. Mr. Bridge gives us proofes for this way of ſelf-preſervation from the Law of Nature, it being naturall to a man, and ſo to a communitie to defend it ſelf. And were this argument good, then might private men and the people without the Parliament take up armes and reſiſt, for ſelf-preſervation is naturall to them.
Anſ. It follows not, becauſe, though I ſay every thing may defend it ſelf by nature, yet I ſay alſo it muſt do it modo ſuo & naturae ſuae convenienti; we ſay that all creatures do defend themſelves, and it is naturall ſo to do; yet we do not therefore ſay that a beaſt defends himſelf in the ſame manner as a man doth, or a man as a beaſt, but in a way ſutable to every nature. Now if a private perſon be in danger to be oppreſſed by a Prince, flying is more fit defence for him, and therefore ſaith our Saviour, If they perſecute thee in one City, flie to another: but if the State be wronged and oppreſſed, which is a publick grievance, then the State, and thoſe that repreſent them are more fit to take up Armes for its preſervation. For Nature in generall teacheth ſelf-preſervation; Nature ſpecificated teacheth this or that preſervation: now the nature of a communitie, and of a particular perſon are diſtinct, and therefore though I ſay a community is to defend it ſelf becauſe ſui tutela is naturall to every thing; yet I do not ſay, that a particular private perſon may ordinarily defend himſelf in that way which is moſt ſutable to the communitie as the taking up of Armes is, yet I ſuppoſe no moderate man will denie this that the Subjects (though) not inveſted with authoritie have a power to keep out an enemie from landing incaſe of forrain invaſion, yea though the Kings Officers ſhould be negligent therein; or ſo malitious and treacherous as to forbid them to defend themſelves and their Countrey.
Secondly, ſaith the Doctor, He proves it by Scriptures, 1 Chron. 12. 19. where the Word of God ſaith expreſly, that David went out againſt Saul to battell, but he was Sauls ſubject at that time; A deſperate undertaking to make people beleeve this is expreſſe Scripture for ſubjects to go out to battell againſt their King. But he ſhould have added what is expreſſed there, it was with the Philiſtines that he went out, and that he helped them not▪ for he did but make ſhew of tendring his ſervice to Aciſ….
Anſ. Here I need give no other anſwer then repeat thoſe words fully that he replyes to (which were theſe) which Scripture I bring not to▪ prove that a Subject may take up armes againſt the King, but that the Subjects may take up arms againſt thoſe that are malignant about the Kings perſon, notwithſtanding the Kings command to the contrary. For ſeeing that Davids heart ſmote him formerly for cutting of the lap of Sauls garment, and yet it is ſaid in expreſſe words in this text that he went out againſt Saul, its likely that his intentions were againſt thoſe that were evill and wicked about him.
Then the Doctor brings in another peece of my argument, not the whole reaſon or the ſenſe of it, thus, Be ſubject to the higher powers, Rom. 13. but the Parliament is the higheſt Court of Juſtice. pa. 3. To which he replies (modo ſuo) well aſſumed, and ſo it is, for is not the higheſt Court of Juſtice an higher power; We grant (faith the Doctor) there is a ſubjection due to them, and if he meant by the Parliament the 3. Eſtates concurring all manner of ſubjection is due unter them. It's well he will acknowledge any ſubjection due to the Parliament without the third eſtate. And if any ſubjection then they have ſome authority; but none they can have, if not power to bring in the accuſed to be tried before them. And if they have power to bring in 20 by force, then 100. then 1000. then 10000. which cannot be done without raiſing an Army.
Then he undertakes, ſayes the Doctor, to ſhew out of Scripture, that Kings receive their power from the people, and hath the ill hap to light on Saul, David and Salomon for examples.
Anſ. The Doctor hath the ill hap alwayes to miſſe the argument which lay thus: If it be the duty of the King to looke to the ſafety of the Kingdome, and that becauſe he is truſted therewith by the Common wealth; then if the Parliament be immediatly truſted by the Common-wealth with the ſafety thereof as well as the King, though not ſo much, then are they to looke to it, and to uſe all means for the preſervation thereof, as well as the King. But ſo it is, that the King is bound to look to the ſafety thereof, and that becauſe he is intruſted therwith, as was Saul, David and Salomon, who came to their government by the conſent and choice of the people. Whereupon the Doctor replies, He hath the ill hap to light on Saul, David and Salomon.
Anſw.But it ſeems the Doctor had not the good hap to meet with theſe ſeverall Authors which affirme that even theſe Kings, Saul, David and Salomon, were choſen by the people▪ If he had read or minded them, he would not have imputed this as an illQuod ſi objicias Samuilem ungendo, Sa le a abſque ullo populi conſenſu▪ acdicendo ecce unxit te Dominus ſuper heareditatem ſuam i… principem, 1 Reg, 10. n 1, manifeſte indicaſſe Regiam poteſtatem Sauli collatam, non á populo, ſed á Deo immediate profecta… eſſe; Facile reſponder i poteſt, illam unctionem non fuiſſe ſignum poteſtatis collatae ſed confe…endae, ut probari poteſt ex unctione Davidis … … Samuel unxit, 1 Reg 16. n. 13. …guante adhue Saule, im…multis poſt annis regnatu…o. Vnde per eam vnctionem non accepi David regiam poteſtatem, led per …m qu… poſtea ſacta eſt ab univerſis Tribabus, et …enio…ib…s, quando venientes in Hebron un…e…unt David in regem ſuper Iſrael Reg. 2. 5. 3. Q…a…e illa prior unctio non fuit colla io regiae poteſtatis, ſed tanti…m ſignificatio qu edam hujus poſteriotis unct…oni… per qua… confe…end… erat illa regia poteſta… ſic ig…tur et prima illa Saulis unctio ante populi conſenſum, non ſignificav…t regiam poteſtatem collatam, ſed confercudam, quando … quin s populus a Samue…e congregatus in M…pah, … praebuit conſenſum, & …lamavit vivat … Ita poſſunt p…o hac pa…te …jus auctores non pa…um prob…biliter argumenta…, Mendoza in 1 Reg. cap. 8, num. 5 pag. 5…2. hap unto me for to light on theſe examples, I will give him but the teſtimony of Mendoza who though not of our judgement in this matter, yet ingeniouſly confeſſes, that with great probability Authors do reaſon for a popular choiſe of Saul, David, and Salomon. Whereas ſaith Mendoza, it is objected, that Samuel by anointing Saul without any conſent of the people, ſaying, the Lord hath anointed thee King over his heritage, did thereby clearly ſhew, that the regall power was conferr'd upon Saul not from the people, but from God, that is eaſily anſwered, that that Vnction was not a ſigne of power already conferr'd, but to be conferr'd as may be proved by the anointing of David, whom Samuel anointed, 1 King. 16. 13. Dureing Sauls Raigne, yea while he had many yeares to ra…gnt. Wherby it appeares that David did not receive regall power by that unction, but by that which he had afterward by all the Tribes & Elders; when coming to Hebron they anointed David King over Iſrael; Therfore that firſt unction was not the conferring the regal power, but only a ſignification of this latter unction, by which this Kingly power was to be derived or conveyed: ſo alſo that firſt anointing of Saul before the conſent of the people, did not ſignifie the Kingly power already conferred, but to be conferred upon him, to wit, when all being gathered together by Samuel to Miſpah gave their conſent, and cryed out, Let the King live.
He hath fou…d an example and proofe for thetruſt of Parliement in Davids time, 1 Cro. 13. 1, 2. Becauſe David conſults w th the Captaines and Leaders which were Officers …ot of the King, but Kingdome, but thoſe were Officers of the King and Kingdome, meerly deſigned by him not the People, and called by h m to that truſt, pag 43 44▪
Anſw.True I have found an example indeed in Davids time for what I alledged: Namely, that there were then certaine Officers of the Kingdome, not of the King onelyonly, and though under him, yet were they with him truſted with the affaires Hujus autem temporis reſpub. Monarchica fuit, Ariſtocratia tamen perm xta, et accellit ali quid etiam Democraticum, habuit enim Senatum Septuagint, cujus Judices pat…ien et principes vocantur; Regi aſſidegtes ſummum regni, judicium conficiebant, ad quod di…iciliores …auſae▪ regis & pontifiers elect…o, beili gerendi conſultatio, al…a que totum populi corp s concernentia refer. …ban. tur. De hoe Synedrio Joſephus nihil agat ex ſine Senatorum Sententia fue runt …ue hi eo apnd reges loco, ut fiatres eos ſuos dicerent Zepperus Moſaie. fo…en. Expla. l. …. cap. 6.of the Kingdome. This alſo was the judgement of the Proteſtant Divines in France (whoſe Teſtimonie I ſhall relate afterwards) of lumus, Joſephus, Brutus, Zepperus, Sigonius, and many others. Zepperus ſaith thus, That in Saul, David and Salomons time, & ſo before the Captivity, the Kingdom of Iſrael was mixed with Ariſtocracie, for it had a Senate of 70. or great Synedrim, which ſate at Jeruſalem, whoſe Iudges were called Princes, who ſitting by the King did diſpatch the great affaires of the Kingdome, unto whom was referred the choice of the King and High Prieſt, and matters of War and other things greatly concerning the people. Of this Synedrion Joſephus ſaith, Nihilagat Rex ſine Senatorum ſententia, Yea, theſe Senators were in ſuch place with the King, that they were called his friends & brethren, 1 Chron. 2. 2. And though the Dr. ſaies, Thoſe Officers in Davids time were deſigned by the King, not the people, Yet if we look to the originall in the firſt of Deut. 13. We …inde that the people did firſt give them to Moſes before he did make them Rulers, for v. 13. Moſes relating the firſt conſtitution of that Government ſaith, I ſaid unto you, give mee wiſe men, and underſtanding and known men among your Tribes, and I will make them Rulers over you: The Engliſh Tranſlation readeth, Take y…e wiſe men, the Hebrew is give yee us, as Montanus hath it, & when they had given them to Moſes, he ſaith, v. 15. So I received them (ſo is the Hebrew) he would not make any rulers over them, but ſuch as he had firſt e c eived from them and they had given unto him and ſo though at the firſt it pleaſed God to appoint thoſe Rulers orDedit illis Deus ſeniores. q…i per omma ill▪ equales forent, ut patet Numb. 11. 14. Councell of State called the Sanedrym or Synedrion (whereupon Mendoſa ſaith, that they were equal to Moſes being appointed by God as Moſes was, Numbers 11. 14, 15, 16.) Yet that was byEtin ipſis ſ…eptrum ipſum pen▪ debat, nemo autem dijudicat tribum Sceptrum, &c niſi domus Judicii, Ca…. S…r…t. …iv. 6. cap. 7. and with the conſent and choice of the people, not meerly by appointment of the King as our Doctor would. Car. Sigo…ius will tell him out of the Tolmodiſts and other Divines, that he had ſearch'd into, that this Sinedrion or Colledge of Elders, did repreſent the Scepter, that the Scepter it ſelfe did depend on it, that none did judge the Tribe and the Scepter,Penes quos erat ſumma poteſtas judicandi controverſa, & exer…ndi judicia publici, quin & reges elegendi, et deponendi, unde a Talmodiſtis vocatur domus judicii magna, vel collegium Sceptri & publici po…eſtatis, Gerardde Eccleſ-pol. but this houſe of Judgement. To this purpoſe Gerrara ſhewes that this Synedrion was choſen of the chiefe men of Iſrael, in whom was power of judging controverſies, exerciſing of publique juſtice, yea of chooſing and depoſing Kings; And therefore of the Talmodiſt, this Councell was called the houſeHoe Seniorum Synedrian perpetuum ſuit in populo Dei, uſque ad Herodem teſte Joſepho Zepper lib. 3. cap. 5. Sc Dr. Bilſon of Subject. & Rebellion, p. 338. of Judgement, or the houſe of the Scepter and publique Authoritie. And Zepperus with Doctor Biljon ſaith, this Synedrion continued with that people of God unto the time of Herod, Ioſep…us being witnes. I preſſe not ſo much as theſe Authors ſpeake of; But whether there were not in thoſe times of David Officiari… Regns, wich were not meerly deſigned by the King: and what inference I do make from thence let Conſcience judge.
Againe, whereas I argue from the being and nature of Parliament, that if it hath not power to ſend for by force, thoſe that are accuſed to be tryed before them, that ſhould not be a Court of Juſtice; ſeeing that even inferiour Courts have a power to force thoſe before them that are to be tryed: And if the Parliament may ſend one Sergeant at Armes, then 20. then 100. then 1000, &c. The Doctor Replies: Therfore Inferiour Courts have a power to raiſe Armes. (Anſwer) this followes not? For though I ſay every Court hath power to force in the accuſed; yet it muſt be in a way ſuitable: Now this raiſing of Armes is not ſuitable unto an Inferiour Court, but to the Parliament being a more Nationall and publike Court then any other is. The Dr. tells us indeed that other Courts have their poſſe comitatus. So the Parliament have their Orders▪ to fetch and force in the accuſed, which are eſtabliſhed by law, aſwell as his poſſe Comitatus is: But ſaith the Dr. I did not know before that all the Parliament Souldiers were Sergeants at Armes. Anſwer, how doth hee catch at the word, and let the ſence goe; the ſence, ſcope and drift of the Argument, was to ſhew that as they might ſend forth one who by force ſhould fetch in the accuſed; by the ſame reaſon they might ſend forth ten, and by the ſame Reaſon that they may ſend forth, 10; they may ſend forth 20, ſo 100, ſo 1000, ſo 10000: The Dr. puts off the Argument with a Jeere, becauſe hee hath no liſt to meddle with the Reaſon.
In the 45 Page▪ hee would enervate the Teſtimonies of Divines, which I brought to ſhew that all Proteſtant Divines were of our minde. Let us ſee therefore what hee ſaith to them. And firſt he begins with the Teſtimony of the Germane Divines▪ and for that ſaith he: The Teſtimony of the Centuriſte, speakes nothing to this purpoſe; A ſhort anſwer, ſoon and …ſily given, but why nothing to our purpoſe, nay ſtay there, duplicate page duplicate page the Dr. will keepe his Reaſon to himſelfe; I ſet downe therefore the Teſtimony againe, and let men judge whether it bee Gubernato…es e…go in iis reb… quae cum de alogo et j ſtis legibus puguant, nihil juris aut immunitati, h…bent prae ex…e…is humin…b… privatis, et perpet…antes id quod malum eſt, coguntu… tam metuere o…din…ti ouem De… ▪ glad…. umpraeſtantem ad vindict im n…cc… tium, quam a…i hene▪ pri… i nam Paulus Rom. 13. docet. Deum ordinaſſe et inſti…iſſe poteſtatem illa… gladio defendendi bonum, et puniendi malum▪ et praecipit, utomn… anima (et fie gubernatores) tali Dei ordinationi ſit ſubjecta; hoc eſt obligat ad faciendum bonum, ſi velit defendi iſtâ Dei ordinatione, et non ob ſua facinora impia puniri. Magdebur genſis cens. lib. 20.to the purpoſe. Governours ſay they in ſuch things as are repugnant to the law of God, have no power or … above other private men, and they themſelves commanding that which is evill, have no power or immunitie above others; Yea, they themſelves commanding that which is evill, are as much bound to feare the Ordinance of God, bearing the▪ word for the puniſhment of vice: for St. Paul, Rom. 13. ſaith that God dia inſtance and ordaine a power both of defending that which is good, and puniſhing that which is evill; and hee commands that every ſoule, and ſo the governours themſelves ſhould bee ſubject …o this Ordinance of God if they would be defended by it, and not by their wicked deeds, makes themſelves liable to puniſhment.
Of the French and Low Country Divines, he brings no teſtimony (ſaith the Dr.) but (for prooſe▪ tels us ne know their practice; ſo I for anſwer may returne him his owne words; we know what hath been the practice of thoſe Proteſtants, and ſo they are parties intereſſed not ſo fit to give in witneſſe.
An. Very well if they be parties intereſſed, and ſo not fit to give in witnes, then they are of our judgment: obſerve Reader here he granteth that the Proteſtant Churches, and the Divines of France and the Low-Countries, are parties intereſſed, & ſo of our judgement; What Proteſtant Churches or Divines then will he alledge for his ſentence. Will hee have the Diviner of Switzerland? I brought a Teſtimony of the Divines of the Councell of Baſil, and that hee doth not contradict: Are the Divines of Geneva of his mind? I brought the Teſtimony of Calvin, that hee ſaith nothing to, but it paſſeth with him as granted by him. Are the Divines of Scotland? I brought him the Teſtimony of Mr. Bucanan, that Teſtimony alſo he doth not deny; It may be that was but one, and ſo he would not take notice of it; Read therefore what Mr. Knox ſaith: Becauſe this occaſion is layed againſt Gods true Miniſters; Wee cannot but witneſſe what Trade and Order of Doctrine they have kept and keepe in that point; they affirme that if wicked perſons abuſing the authority eſtabliſhed by God, command things manifeſtly wicked, that ſuch as may, and doe, bridle this inordinate appetite of Princes, cannot bee accuſed as reſiſtaries of Authority, which is Gods good Ordinance, to bridle the fury and rage of Princes in free Kingdomes, and Realmes. They affirme it appertaineth to Nobility ſworne and borne Counſells of the ſame, and alſo to the Barons and People, whoſe Wills and Conſents are to bee required in all great matters of the Common wealth: Which if they doenst, they declare themſelves criminall with their Princes, and ſubject to the ſame vengeance of God. This was the doctrine and judgement of the Divines in Scotland, inMr. Knox Hiſtory of the Church of Scotl. p, 343. the beginning of Reformation, as related by Mr. Knox; And what the judgement of the Scots Divines is for the preſent, ſeeing he will not take practiſe for Teſtimony of Judgement, he may Read in their Anſwer to Lyſimachus Nicanour thus: As for the lawfullneſſe of reſiſtance hee may underſtand that that hath been the tenet of our Church ſince the Reformation, it hath beene the right and practiſe of our Kingdomes, ſince the firſt foundation. A number of inſtances thereof are approved in our ſtanding acts of Parliament, unrepealed to this day; It hath beene the practiſe of all Reformed Anſw. to Lyſima chus Nicanor. pag. 8.Churches abroad, wherein by Queen Elizabeth, King James, and King Charles, they have been all allowed: And the moſt of them allowed by powerfull aſſiſtance, both with Men and Money: To this purpoſe Dr. Rutherford alſo as I have ſhewed already, Chap. 1. ropoſ, 3. But it may be the Dr. will tell us that the Scottiſh Divines are alſo Parties, and intereſſed in the Cauſe. Very good, Wee ſhall ſhortly have a great Party in the Proteſtant Churches for us and with us; What Divines then are againſt us in the Doctors opinion? Are the Divines of England? He tels us alſo, page 45. yet doe ſome of them allow of Reſiſtance in ſome caſes: Good ſtill; By and by it will ariſe to ſomewhat, here is yet more of our Party (as the Dr. calls them) by his owne confeſsion. As for the Teſtimonies that I brought of Dr. Bilſon and Dr. Willet, he ſaith that's plaine they ſpeake of ſuch Government, ſuch States, ſuch caſes as will not agree to this Kingdom at this time. But why not, the Dr. will not tell us. If I tell him that Peter Martyr alſo Profeſſor of divinity in England, was of our Judgement, as he may read plainely, …udg. 1. hee will tellPeter Mart▪ in Iudg. cap. 1. me, it may be, that Peter Martyr ſpeakes not of this time, or of this caſe, or of this State: If I referre him to Polanus, Dan. Polanus in Dan. 11.11. who writes largely in this matter with us, it may bee hee will tell us alſo that Polanus ſpeakes not to our caſe, to our time, or to our State: But if I referre him to Barkley and Hugo Grocius who well knew the judgment of the low Countrey divines. I ſuppoſe the Dr. will not ſay thoſe are Parties: Barcleus ſaith Hugo Grocius the moſt ſtrong defender of Regall Empire, Barcleus regn imperii aſſertor forti…imus, hue tamen deſcendit, ut populo, et inſigni ejus parti jus concedat ſe tuendi▪ adverſum immanem ſ… vitiam▪ Cum tamen ipſe fate…tur totum populum regi ſ…bditum eſſe; Ego indiſcriminatim … aut ſingulos, aut partem populi minorem, quae ultimo neceſſitatis praeſidio, ſic utatur ut interim et Communis bo…i reſpec…m non deſerat. …ix auſim nam David a matos circum ſe aliquanto habuit; quo niſi ad vim arcendam, ſi inferetu…. Et hos ipſo tempore David i prudente f…emina dieitur Bella Dei, i. e. pia gere…e; quod male multi ad ſ…la belia p…io…a trahunt, quum potiu, emendatio fit ejus quod Nabal dixe…at, multos Subditos a rege …uo defic…re, quod at corrigat Abigal bella Davidis pia eſſe dic…t, utpo…e non defectionis, ſed ſolo vitae tu…ndae confi…io ſuſcepta Hugo, Grocius de jure belli & pac…s lib. 1. cap. 4.yet deſcends thus farre to yeeld unto the people, and the chiefe part of them a power to defend themſelves againſt immane cruelty, when yet notwithſtanding hee confeſſes that the people are ſubject unto the King: and as for …ne ſaith Hugo Grocius, I dare not indiſcriminatim condemne thoſe or that part of the people which doe uſe this defence having respect unto the publike good: For David had many armed men about him▪ that hee might repell violence offered unto him; And at that time David was commended by a prudent Woman, that hee ſought the Lords Battell, which words many doe ill referre to Davids former Battels, where as Abigails Speech is rather a correction of what Naball ſayd. Many Subjects are now fallen from their King, which words that Abigail might correct, Shee ſaith the Warres of David were Godly, as being undertaken not out of defection from his Prince, but for tuition and preſervation of his owne life. But becauſe the Doctor ſeemes to want ſome teſtimonies of the French Proteſtant divines; I will give him one for all, and ſurely hee will not ſay the words are not ſpoken of ſuch Government, ſuch States, ſuch caſes, or ſuch times as ours are. This queſtionQuid agendum eſt Subjecto cum á Magiſtratu violatur; vel ſi ſummi Magiſtratus in ty…nn▪s degenerarent, e…quid Subject is faciendum▪ neceſſartone illis obtemperandum an illis repugnandum. …s quidem armorum vi adhibita. being on foot in Charles 9 time: What is to be done by the Subject when he is violenced by the Magiſtrate; or if the chiefe magiſtrate degenerate into a Tyrant, may the Subjects reſiſt by force of Arms.
That was Anſwered by one Learned Man, for, and in the defence of the Proteſtants in thoſe times, thus,Reſpondeo. Varia eſſe Subjectorum diſcrimina, alii mere ſunt privati homines, nullum publi…um munits gerentes; alii infe▪ iorem, et quaſi ſubalternum Magiſt, atum gerant; alii ita ſunt ſum…o Magiſtrat… inferiores; it tamen ex patriae … legi… Subjects are of three ſorts, either me…re private men, bearing no publike Office, or elſe they are ſuch as are in ſome inferiour and ſubordinate place of Magiſtracie; or elſe they are ſuch as are ſo inferiour to the chiefe Magiſtrate that by the laws of the Land are appointed to bridle the chiefe: as for private men (ſaith the Author) it is evill for them to reſiſt with force of Armes, either they muſt ſly, or ſuffer: As for the ſecond ſort they not being the Kings houſhold Servants, but rather to bee called Officers of the Crowne, depending not ſo much on the King as Kingdome, the King abuſing his power to the overthrow of Lawes; theſe inferiour Magiſtrates ought to oppoſe, for the conſervation of thoſe who are committed unto their truſt; and if need bee to take up Armes tilthings bee otherwiſe provided for by the Eſtates of the Kingdome. As for the third ſort ſaith hee, though they in ſome reſpect are under the chiefe Magiſtrate, yet in ſome reſpect they are keepers of the Supreme dignity, that the chiefe Magiſtrate may bee kept in his Office; Theſe may if need require repreſſe and chaſtiſe him, for the people is not made for the Magiſtrate, but the magistrate for the people; his power taking its riſe from them.bus ſummi Magiſtratus, moderandicauſa tan quam fraena quedam conſtituantur, quod ad primum attinet certum eſt, nefas elſe privato cailibet privata authoritate vim tyranni vi opponere, ſed vel tyranni vis ſubcunda, et tolle. randa eſt aut cedendum, et alio migrandum. Quod ad Secundum ſubjectorum genus attinet eorum qui ſ…b…lternos Magiſtratus gerunt; non regis quidem familiae Domeſtici, ſed regni potius miniſtri; quos officiarios Coronae vulgo nuncupant; i…a ſtatuendum eſt, illos non tam a nege quam a regno pendere. illi regi manifeſte …yranno, et ad lege. evertendas ſua potentia abutenti opone… ſe, debent ex jure jurando p eſtito; obligati ad …o um ſ…l…tem, et conſervationem qui ſuae fide… commiſſa ſunt; armi… ſi opus eſt etiam adhibi…is, done▪ a regni o din…b is aliter proviſum ſit. De tertio autem Subjectorum genere, illud conſtituendum eſt quamtus illi revera; et certa quadam …atione ſummum magiſtratus imperio ſubmittuntur; alia tamen ratione dum u…git neceſſitas ſup…e …i illius pigni…atis vindices, et cuſtode; conſtituuntur, u… ſupremum Magiſtratum in ſuo ollicio contineant; imo ut et illum cum neceſſe ſue▪ it reprimant, atque caſtigent.
Si quis excipiat ut prima illa fuerit Magiſtratuum, origo ve um tamen …ſſe popul… omnem …am libertatem in ſol dum its reſig. naſſe quos …ummos Magiſtratus ſibi p e…t. c rent caedo vero teſig…atiom. illius ullam probationem, qum ſta…uo pop…l…s qnantum quidem valuit jus et e…nitas, nec creaſſe, nec recipiſſe reges niſi ce…tis conditionibus, qnibus á magiſtratu ma ifel…e vi…latis conſequ…tur cum jus illo…um abdicandorum h. b. e, qui habnerat …reandorum. …d de…t populum ſummos Magiſtratus legiti o…imperio abutentes; abdi are imperio poſſe. Et id quidem apud omnes nationes celebrio…s uſa…patum fuiſſe perſpicuum eſt, Romano; Athenienſes Iſraelitos, Danos, Swedo…, Scotos & Anglos. Secundo excipitur Regibus ſi in tyrannos degene a…ent; non eſſe ſeele um quidem p…aebendum miniſterium, illis tamen vim minime opponendam; de privatis conced…; de inferio tb…s ve…o Magiſtrat bus minime. Ad ſuperio…es ve o regum quaſi Ephoros de tyrannis coercendt, curam maxime eorum per…i…. e…e contendo.Ob. But though this were the firſt riſe of magiſtracie▪ yet after the people have choſen their magiſtrate, they have reſigned up their power to him.
An. But the people never created or received their Kings, but upon certain Conditions, which being manifeſtly broken and not kept, thoſe have power to abdicate, who have power to create; and this has alwa…es been in uſe amongst all the moſt famous Nations in the World; the Iſraeltes, Lacedemonians, Romanes, Danes, Swedes, Scotch, Polonians, and Engliſh.
Ob: But if a Magiſtrate doe degenerate into a Tyrant, as wee are not to be obedient to him, ſo neither are we to reſiſt him.
Anſw. That is onelyonly underſtood of private men.
Object. But David ſpared Saul though it were in his power to …nth moff.
3. Deinde affertur exemplum Davidis q…i Sauli …y… rāno tam ſtudi…e pepercit, quamvis illius interficiendi facultatem haberet illud exemplum ſuperio…i doctrinae minime repugnare ai…; David enim m litarem hominum turmam coegerat, quorum opera ſi ita poſtulaſſet neceſſi…a…, ha…d dub…e adverſus Sa…em. uſus fuiſſe. Ita tamen egit def enſionis potius quam offenſionis cauſa. Commentari…rum▪ partis de ſtatu Relig. et reipub, in Regni Gallis, ſub Carol. neno Reg. ib. 10. pag. 120, 21, 22, 23, 24, 25, 26. in …ctav….An. That is no way contrary to the doctrine delivered for David had many armed men about him whoſe help (if need had required) he would without doubt have uſed againſt all, yet thus hee did, having reſpect rather to his owne defence, then his enemies offence. This teſtimony tells us what hath beene the practiſe of all Nations: the teſtimony of the Scots in their anſwer to Liſimac…us Nica…our, ſaith expreſly that our doctrine is according to the judgment of all the Reformea Churches: And if theſe teſtimonies will not yet prevaile with the Dr. I muſt leave him to his reſolves, hee tells us that our homilies are againſt us, but let him produce any place out of the homilies where it is ſaid that the two Houſes may not take up Armes to bring armed delinquents to their Tryall. Indeed the Homilies ſpeake againſt Subjects taking up of Armes againſt their King, ſo doe not the Parliament, but to defend themſelves▪ and to bring Delinquents to tirall; And therefore when the Dr. or other bring forth teſtimonies of Divines ancient, or late, to prove that Subjects may not take up Armes againſt their Prince, they had as good ſay nothing, that is not to our caſe but let them prove by teſtimonies that it is not lawful for the Parliament to take up arms to ſecure the Kingdome, to bring accuſed Perſons to tryall, and to deliver the Prince out of the hands of Malignants, and then they ſay ſomething to us, elſe it is but clamor, not Reaſon.
At laſt the Doctor ſpeakes ſomewhat of arbitrary government, p. 46. which is no way any anſwer to the reaſons that were given by me, proving that his opinion raiſed the King to an arbitrary government, onelyonly he ſets down his further ſentence about arbitrarines, eadem facilitate rejicitur qua affirmatur; The Reſt of that Section is either ſpent in naked Aſſertions, or jearing expreſsions, or ſeeming Anſwers to his other Anſwerers.