Lex Rex, Question 19

Lex Rex · Question 19

p. 139QUEST. XIX. Whether or no the King be in Dignity and power above the people?

IN this grave question divers considerations are to be pondered.

1. There is a Dignity materiall in the people scattered, they being many representations of God and his Image,In what considerations the King is worthier then the people, and the people worthier then the King. which is in the King also, and formally more as King, he being indued with formall Magistraticall and publick Royall Authority, in the former regard this or that man is inferiour to the King, because the King hath that same remander of the Image of God that any private man hath, and something more, he hath a politicke resemblance of the King of Heavens, being a little God, and so is above any one man.

2. All these of the people taken collectively having more of God, as being representations, are according to this materiall dignity excellenter then the King, because many are excellenter then one, and the King according to the Magistraticall and Royall Authority he hath, is excellenter then they are, because he partaketh formally of p. 140Royalty, which they have not formally.

3. A meane or medium, as it is such, is lesse then the end, though the thing materially that is a meane,A meane as a meane inferiour to the end. may be excellenter; every mean as a meane, under that reduplication hath all its goodnesse and excellency in relation to the end, yet an Angell that is a meane, and a ministring Spirit, ordained of God for an heire of life eternall, Heb. 1.13. considered materially, is excellenter then a man, Psal. 8.5. Heb. 2.6, 7, 8.

4. A King and leader in a military consideration, and as a Governour and conserver of the whole Army, is more worth then ten thousand of the people, 2 Sam. 18.3.

A King inferiour to the people.5. But simply and absolutely the people is above, and more excellent then the King, and the King in Dignity inferiour to the people; and that upon these Reasons. 1. Because he is the meane ordained for the people,Argum. …. as for the end, that he may save them, 2. Sam. 19.9. a publick shepheard to feede them, Ps. 78.70, 71, 72, 73. the Captaine and Leader of the Lords inheritance, 1 Sam. 10.1. to defend them,Argum. 2. the Minister of God for their good, Rom. 13.4. 2. The Pilot is lesse then the whole Passengers, the Generall lesse then the whole Army, the Tutor lesse then all the children, the Physician lesse then all the living men whose health he careth for; the Master or Teacher lesse then all the Schollars, because the part is lesse then the whole: the King is but a part and a member (though I grant a very eminent and Noble Member) of the Kingdome. Argum. 3.3. A Christian people especially is the portion of the Lords inheritance, Deut. 32.9. the sheepe of his pasture, his redeemed ones, for whom God gave his blood, Act. 20.28. And the killing of a man is to violate the Image of God, Gen. 9.6. and therefore the death and destruction of a Church, and of thousand thousands of men is a sadder and a more heavy matter then the death of a King, who is but one man. 4. A King as a King, or because a King is not the inheritance of God, nor the chosen and called of God, Argum. 4.nor the sheepe or flocke of the Lords pasture, nor the redeemed of Christ, for those excellencies agree not to Kings, because they are Kings; for then all Kings should be indued with those excellencies, and God should an be accepter of persons, if he put those excellencies of Grace upon men for externall respects of highnesse and Kingly power, and worldly glory and splendor; for many living Images and representations of God, as he is holy, or more excellent then a politique representation p. 141of Gods greatnesse and Majesty, such as the King is; because that which is the fruit of a love of God, which commeth nearer to Gods most speciall love, is more excellent then that which is farther remote from his speciall love; now though Royalty be a beame of the Majesty of the greatnesse of the King of Kings, and Lord of Lords; yet is it such a fruit and beam of Gods greatnesse, as may consist with the eternall reprobation of the party loved, so now Gods love from whence he communicateth his Image, representing his owne holinesse, commeth nearer to his most speciall love of election of men to glory.

5. If God give Kings to be a ransome for his Church,Argum. 5. and if he stay great Kings for their sake, as Pharaoh King of Aegypt, The Church because the Church of more worth then the King because King.Esa. 43.3 and Sihon King of the Amorites, and Og King of Bashan, Ps. 136.18, 19, 20. if he plead with Princes and Kings for destroying his people, Esa. 3. v. 12, 13, 14. if he make Babylon and her King a threshing-floore, for the violence done to the inhabitants of Zion, Ier. 51.33, 34, 35. then his people as his people, must be so much dearer and more precious in the Lords eyes, then Kings because they are Kings, by how much more his Justice is active to destroy the one, and his Mercy to save the other. Neither is the Argument taken off, by saying the King must in this question be compared with his owne people; not a forraigne King with other forraigne people over whom he doth not Raigne, for the Argument proveth that the people of God are of more worth then Kings as Kings; and Nebuchadnezer and Pharaoh for the time were Kings to the people of God, and forraigne Kings are no lesse essentially Kings, then Kings native are.

6. Those who are given of God as gifts for the preservation of the people, to be Nurse-fathers to them;Argum. 6. those must be of lesse worth before God, then those to whom they are given, since the gift, as the gift, is lesse then the party on whom the gift is bestowed. But the King is a gift for the good and preservation of the people, as is cleare, Esa 1.26. And from this that God gave his people a King in his wrath, we may conclude, that a King of himselfe, except God be angry with his people, must be a gift.

7. That which is eternall, and cannot politically die,Argum. 7. yea which must continue as the dayes of heaven, because of Gods promise; That is more excellent then that which is both accidentall, temporarie and mortall. But the People is both eternall, as People, because p. 142Eccles. 1.4. one generation passeth away, People in the spece immortall, King not so.and another generation commeth: And as a people in covenant with God, Ier. 32.40, 41. in respect that a People and Church, though mortall in the individuals, yet the Church, remaining the Church, cannot dye; but the King, as King, may, and doth dye: It is true, where a Kingdome goeth by succession, the Politicians say, the man who is King, dyeth; but the King never dyeth, because some other, either by birth or free election, succeedeth in his roome. But I answer, 1. People by a sort of necessity of nature succeedeth to People, generation to generation, except Gods judgement, contrary to nature, intervene to make Babylon no people, and a land that shall never be inhabited, (which I both believe and hope for, according to Gods word of Prophecie) But a King by a sort of contingencie succeedeth to Kings: for nature doth not ascertaine us there must be Kings to the worlds end; because the essence of Governours is kept safe in Aristocracie and Democracie, though there were no Kings. And that Kings should necessarily have been in the world,If sinne had never been, there should have been no need of Kings. if man had never fallen in sinne, I am not, by any cogent argument, induced to beleeve. I conceive there should have been no Government but these of Fathers & Children, Husband and Wife; and (which is improperly Government) some more gifted with supervenient additions to nature, as gifts and excellencies of Engines. Now in this point, Althusius polit. c. 38. n. 114. saith, the King in respect of office is worthier then the people; (but this is but an accidentall respect) but as the King is a man, he is inferior to the people.

But, 8. he who by office is obliged to expend himselfe, and to give his life for the safety of the people,Arg. 8. he must be inferior to the people.The King is to expend his life for the people, and so inferior …o them. So Christ saith, the life is more then rayment or food, because both these give themselves to corruption for mans life: so the beasts are inferiour to man, because they die for our life, that they may sustaine our life: And Caiaphas prophesied right, that it was better that one man die, then that the whole Nation perish, Joh. 11. v. 50. and in nature, Elements against their particular inclination defraud themselves of their private and particular ends, that the Commonwealth of Nature may stand, as heavy elements ascend, light descend, lest nature should perish by a vacuitie. And the good shepherd, Ioh. 10. giveth his life for his sheep. So Saul and David both were made Kings to fight the Lords battels, and to expose their lives to hazard for the safetie of the Church and people of God. But the p. 143King by office is obliged to expend his life for the safety of the people of God; he is obliged to fight the Lords battels for them, to goe betwixt the Flock and death, as Paul was willing to be spent for the Church. It may be objected, Jesus Christ gave himselfe a Ransome for his Church, and his life for the life of the World, and was a gift given to the world, Ioh. 3.16. & 4.10. and he was a meane to save us: And so what arguments we have before produced to prove that the King must be inferior to the people, because he is a ransome, a meane, a gift; are not concludent. I answer:A meane is considered reduplicatively and formally as a meane, and materially, as the thing which is the mean: in this latter sense the mean may be of more worth then the end, but not so in the former sense. Consider a meane reduplicatively, and formaliter, as a meane, and secondly, as a meane materially, that is, the thing which is a meane. 2. Consider that which is only a mean, and ransome, and gift, and no more; and that which, beside that it is a meane, is of a higher nature also. So Christ formally as a meane, giving, 1. his temporall life; 2. for a time; 3. according to the flesh: For, 1. the eternall life; 2. of all the Catholike Church to be glorified eternally; 3. not his blessed Godhead and glorie, which, as God, he had with the Father from eternitie. In that respect Christ hath the relation of a servant, ransome, gift, and some inferioritie in comparison of the Church of God: and his Fathers glory, as a meane, is inferior to the end, but Christ materially, in concreto: Christ is not only a meane to save his Church, but as God, A meane may be considered as a meane only, and as more then a meane.(in which consideration he was the immortall Lord of life) he was more then a meane, even the author, efficient and Creator of heaven and earth: and so there is no ground to say that he is inferiour to the Church; but the absolute head, King, the chiefe of ten thousand, more in excellencie and worth then ten thousand millions of possible worlds of men and Angels. But such a consideration cannot befall any mortall King; because, consider the King materially as a mortall man, he must be inferior to the whole Church, for he is but one, and so of lesse worth then the whole Church, as the thumbe, though the strongest of the fingers, yet it is inferior to the hand, and far more to the whole body, as any part is inferior to the whole. 2. Consider the King reduplicative, and formally as King, and by the officiall relation he hath, he is no more then but a Royall servant, an officiall meane, tending, ex officio, to this end, to preserve the people, to rule and governe them; and a gift of God, given, by vertue of his office, to rule the people of God: and so any way inferiour to the people.

9. Those who are before the King, and may be a People without p. 144a King,The people may be without the King, but not the King without the people. must be of more worth then that which is posteriour, and cannot be a King without them. For thus Gods selfe sufficiency is proved, in that he might be, and eternally was blessed for ever, without his Creature, but his creature cannot subsist in being without him. Now the people were a people many yeares, before there was any government (save domestick) and is a people where there is no King, but only an Aristocracy, or a Democracy; but the King can be no King without a people. It is vaine that some say, the King and Kingdome are relatives, and not one is before another; for its true in the naked relation, so are father and sonne, Master and servant, Relata simul natura; but sure there is a priority of worth and independency for all that, in the father above the sonne, and in the master above the servant, and so in the people above the King, take away the people, and Dyonisius is but a poore Schoole-master.

10. Argum.2. Asser. The people in power are superiour to the King, 1. because every efficient and constituent cause is more excellent then the effect. Every meane is inferiour in power to the end, so Iun. Brutus, q. 31. Bucher l. 1. c. 16. Author. Lib. De offic. Magistr. q. 6. Henaenius disp. 2. n. 6. Ioan. Roffensis Epist. De potest. pap. l. 2. c. 5. Spalato de Repu. Ecclesiast. l. 6. c. 2. n. 31. but the people is the efficient and constituent cause, the King is the effect, the people is the end; both intended of God to save the people, to be a healer and a Physician to them, Esay 3. v. 7. and the people appoint and create the King out of their indigence, to preserve themselves from mutuall violence. Many things are objected against this, 1. That the efficient and constituent cause is God, and the people is only the instrumentall cause; and Spalato saith, that the people doth indirectly only give Kingly power, because God, at their act of election, ordinarily giveth it. Ans. The Scripture saith plainly, as we heard before, the people made Kings, and if they doe, as other second causes produce their effects, it is all one that God as the principall cause maketh Kings, else we should not argue from the cause to the effect amongst the creatures. 2. God by that same action that the people createth a King,The people worthier as the constituent cause then the King, who is the effect. 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 p. 145from Heaven supernaturall habilities on the man, without any active influence of the Church, is evident by this,Argum. 1. 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, Argum. 2.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, Vnpossible that people can limit Royall power, but they must giv… Royall power.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, Argum. 3.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,Argum. 4. 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 p. 146without 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.Except. 2. Ioan. Rossens. De potest. pap. l. 2. c. 5. 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,Though God immediately create Kings without the people, yet can the people unmake Kings. 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:Though God should immediately give a talent and gift for Prophecying, as he gave to Balaam, Caiaphas and others, yet they may lose that talent by digging it in the earth, and be deprived by the Church. 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.

p. 1473. To this the constituent cause is of more power and dignity then the effect, and so the people is above the King. Except. 3. Sacr. sanc. M… jes. c. 9. p. 98.99 Arnisaus De authorit. princip. cap. 1. n. 1.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 h… 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 a… a slave; for after he hath resigned his liberty he cannot repent, he must keepe covenant though to his hurt: yea such a servant is not only not above his Master, but he cannot move his foot without his Master. The Governour of Britaine (saith Arnisaeus) being despised by King Philip▪ resigned himselfe as Vassall to King Edward of England, but did not for that make himselfe superiour to King Edward: indeed he who constituteth another under him as a Legat, is superiour; but the people do… constitute a King above themselves, not a King under themselves, and therefore the people are not by this made the Kings superiour, but his inferiour.

Ans. 1. It is false that the people doth, or can by the Law of nature resigne their whole liberty in the hand of a King, 1. they cannot resigne to others that which they have not in themselves, Nemo potest dare quod non habet, but the people hath not an absolute power in themselves to destroy themselves, or to exercise those tyrannous acts spoken of, 1 Sam. 8.11, 12, 13, 14, 15, &c. for neither God, nor Natures Law hath given any such power. 2. He who constituteth himselfe a slave is supposed to be compelled to that unnaturall fact of alienation of that liberty, which he hath from his Maker, from the wombe, by violence, constraint, or extreame necessity, and so is inferiour to all free men, but the people doth not make themselves slaves when they constitute a King over themselves, because God giving to a people a King, the best and excellentest Governour on earth, giveth a blessing and speciall fafour, Esay 1.26. Hosea 1. v. 11. Esay 3.6, 7. Ps. 79.70, 71, 72. but to lay upon his people the state of slaverie, in which they renounce their whole libertie, is a curse of God, Gen. 9.25. Gen. 27.29. Deut. 28.32.36. But the people having their liberty to make any p. 148of ten or twenty,The people putting a King above themselves, retaine the fountain-power, and so are superior to the King. their King, and to advance one from a private state to an honorable throne, whereas it was in their libertie to advance another, and to give him Royall power of ten degrees, whereas they might give him power of twelve degrees, and of eight, or sixe, must be in excellencie and worth above the man, whom they constitute King, and invest with such honour: as Honour in the fountain, and honos participans & originans, must be more excellent and pure then the derived honour in the King, which is honos participatus & originatus. 2. If the servant give his libertie to his master, ergo, he had that libertie in him; and in that act, libertie must be in a more excellent way in the servant, as in the Fountaine, then it is in the master: and so this libertie must be purer in the people then in the King: and therefore in that, both the servant is above the master, and the People worthier then the King: and when the people give themselves conditionally and Covenant-wise to the King, as to a Publique servant, and Patron, and Tutour, as the Governour of Britaine, out of his humour, gave himselfe to King Edward; there is even here a note of superioritie; Every giver of a benefit, as a giver, is superior to him to whom the gift is given; though after the servant hath given away his gift of libertie, by which he was superiour, he cannot be a superior, because by his gift he hath made himselfe inferior. 3. The People constituteth a King above themselves, I distinguish, supra se, above themselves, according to the fountaine power of Royaltie, that is false; for the fountaine-power remaineth most eminently in the people, 1. because they give it to the King, ad modum recipientis, and with limitations, ergo, it is unlimited in the people, and bounded and limited in the King, and so lesse in the King then in the people. 2. If the King turne distracted, and an ill spirit from the Lord come upon Saul, so as reason be taken from a Nebuchadnezzar, it is certaine the people may put Curators and Tutors over him, who hath the Royall power. 3. If the King be absent, and taken captive, the People may give the Royall power to one, or to some few to exercise it as custodes regni. And 4. if he die, and the Crown goe by election, they may create another with more or lesse power: all which evinceth, that they never constituted over themselves a King, in regard of fountaine-power; for if they give away the fountaine, as a slave selleth his libertie, they could not make use of it. Indeed they set a King above them, quoad potestatem legum executivam, in regard of a power of executing lawes and actuall government, p. 149for their good and safetie: but this proveth only that the King is above the people, foreign, in some respect; but the most eminent and fountaine-power of Royaltie remaineth in the people, as in an immortall spring,Ulpian l. 1. ad Sc. Tupil. Populus omne suum imperium & potestatem confert in Regem. Bartolus ad l. hostes 24. f. de capt. & host. which they communicate by succession to this or that mortall man, in the manner and measure that they thinke good: And Vlpian and Bartolus, cited by our Prelate out of Barclaius, are only to be understood of the derived▪ secondary and borrowed power of executing lawes, and not of the fountaine power, which the people cannot give away, no more then they can give away their rationall nature; for it is a power naturall, to conserve themselves, essentially adhering to every created Being: For, if the People give all their power away, 1. What shall they reserve to make a new King, if this man dye? 2. What if the Royall line surcease? there be no Prophets immediately sent of God, to make Kings. 3. What if he turne Tyrant, and destroy his Subjects with the sword? The Royalists say, they may flie: but when they made him King, they resigned all their power to him, even their power of flying; for they bound themselves by an oath (say Royalists) to all passive and lawfull active obedience: and, I suppose, to stand at his Tribunal, if he summoned the three Estates, upon Treason, to come before him, is conteined in the oath, that Royalists say, bindeth all, and is contradictorie to flying.

Arnisaeus, a more learned Iurist and Divine then the P. Prelate, answereth the other Maxime,Arnis. c. …. n. 10. The end is worthier then the meane leading to the end, because it is ordained for the end. These meanes, saith he, which referre their whole nature to the end, and have all their excellencie from the end, and have excellencie from no other thing but from the end, are lesse excellent then the end; that is true, such an end as medicine is for health. And Hugo Grotius, l. 1. c. 3. n. 8. Those meanes which are only for the end, & for the good of the end, and are not for their own good, also are of lesse excellencie, and inferior to the end. But so the assumption is false. But those meanes which beside their relation to the end, have an excellencie of nature in themselves, are not alwayes inferior to the end. The Disciple, as he is instituted, is inferior to the Master; but as he is the sonne of a Prince, he is above the Master. But by this reason, the shepherd should be inferior to bruit beasts, to sheep. And the master of the familie is for the familie, and referreth all that he hath for the entertaining of the familie: but it followeth not therefore the familie is above him. The forme is for the action, therefore the action is p. 150more excellent then the forme, and an accident then the subject or substance? And Grotius saith; Every government is not for the good of another, but some for its own good, as the government of a master over the servant, and the husband over the wife.

Ans. I take the answer thus: Those who are meere meanes, and only meanes referred to the end, they are inferior to the end: but the King as King, The King; as King, a meane and inferior to the people.hath all his officiall and relative goodnesse in the world, as relative to the end. All that you can imagine to be in a King, as a King, is all relative to the safety and good of the people, Rom. 13.4. He is a minister for thy good. He should not, as King, make himselfe, or his own gaine and honour, his end. I grant, the King, as a man, shall dye as another man, and so he may secondarily intend his own good; and what excellencie he hath as a man, is the excellencie of one mortall man, and cannot make him amount in dignitie, and in the absolute consideration of the excellencie of a man, to be above many men and a whole Kingdome: for the moe good things there be, the better they are, so the good things be multiplicable, as a hundred men are better then one: Otherwise, if the good be such as cannot be multiplied,The King both as a man, and as a King inferior to the people. as one God, the multiplication maketh them worse, as many Gods are inferiour to one God. Now if Royalists can shew us any more in the King then these two, we shall be obliged to them; and in both, he is inferiour to the whole.

The Prelate and his followers would have the Maxime to lose credit; for then (say they) the shepherd should be inferior to the sheep: But in this the Maxime faileth indeed. 1. Because the shepherd is a reasonable man, and the sheep bruit beasts, and so must be excellenter then all the flocks of the world. Now as he is a reasonable man, he is not a shepherd, nor in that relation referred to the sh…ep and their preservation, as a mean to the end; but he is a shepherd by accident, for the unrulinesse of the creatures, for mans sinne, withdrawing themselves from that naturall dominion that man had over the creatures, before the fall of man: in that relation of a meane to the end, and so by accident, is this officiall relation put on him; and according to that officiall relation, and by accident, man is put to be a servant to the bruitish creature, and a meane to so base an end. But all this proveth him, through mans sinne, and by accident, to be under the officiall relation of a meane, to baser creatures then himselfe, as to the end, but not as a reasonable man. But the King, as King, is an officiall and Royall meane to this end, that the people p. 151may lead a godly and peaceable life under him. And this officiall relation being an accident, is of lesse worth then the whole people, as they are to be governed. And I grant, the Kings sonne, in relation to blood and birth, is more excellent then his Teachers: but as he is taught, he is inferiour to his Teacher: but in both considerations the King is inferior to the people; for though he cōmand the people, and so have an executive power of law above them, yet have they a fountain power above him, because they made him King, and in Gods intention he is given as King for their good, according to that, Thou shalt feed my people Israel: & that, I gave him for a leader of my people.

4. Saith the P. Prelate: The constituent cause is excellenter then the effect constituted, where the constitution is voluntary, Except. 4. Sacr. sanct. maj. c. 9. p. 98.and dependeth upon the free act of the will, as when the King maketh a Vice-Roy or a Iudge, durante beneplacito, during his free will: but not when a man maketh over his right to another; for then there should be neither faith nor truth in covenants, if people might make over their power to their King, and retract and take back what they have once given.Observe here, that the P. P. yieldeth there is a free covenant, by which the people resigne their power to the King: but whether Royall power, or some other, he dare not assert, lest he destroy his own principles. To sweare non-selfe-preservation, and to sweare self-murther, all one.

Ans. This is a begging of the question: for it is denyed that the people can absolutely make away their whole power to the King: It dependeth on the people that they be not destroyed. They give to the King a politique power for their own safetie, and they keepe a naturall power to themselves, which they must conserve, and cannot give away; and they doe not breake their covenant, when they put in act that naturall power to conserve themselves; for though the people should give away that power, and sweare, though the King should kill them all, they should not resist, nor defend their own lives; yet that being an oath against the sixth Command, which enjoyneth naturall selfe-preservation, it should not oblige the conscience; for it should be intrinsecally sinfull; and it's all one to sweare to non-self-preservation, as to sweare to selfe-murther.

5. If the people (saith the Prelate, begging the answer from Barclay) the constituent be more excellent then the effect, and so the people above the King, because they constitute him King. Then the Counties and Corporations may make voyd all the Commissions given to the Knights and Burgesses of the House of Commons, 5 Reply. Sac. sanct. maj. c. 9. p. 129. stollen from Barclaius, l. 5. c. 12.and send others in their place, and repeal their Orders, therefore Buchanan saith, that Orders and Lawes in Parliament were but foreign preparatorie consultationis, and had not the force of a Law, till the people give their consent, and have their influence authoritative, upon the p. 152Statutes and Acts of Parliament. But the observator holdeth that the legislative power is whole and intire in the Parliament. But when the Scots were preferring Petitions and Declarations, they put all power in the collective body, and kept their distinct tables. Ans. There is no consequence here, the Counties and Incorporations that send Commissioners to Parliament, may make voyd their Commissions and anull their Acts, because they constitute them Commissioners; if they be unjust acts, they may disobey them, and so disanull them, but it is presumed God hath given no morall power to doe ill, nor can the Counties and Corporations give any such power to evill, for they have not any such f…om God, if they be just acts, they are to obey them,The people cannot make away their power to the King irrevocably and cannot retract Commissions to make just Orders. Illud tantum possumus quod …ure possumus, and therefore as power to governe justly is irrevocably committed by the three est…tes who made the King, to the King, so is that same power committed by the Shires and Corporations to their Commissioners, to decree in Parliament, what is just and good irrevocably, and to take any j…st power from the King which is his due, is a great sin; but when he abuseth his power to the destruction of his subjects, it is lawfull to throw a sword out of a mad-mans hand, though it be his owne proper sword, and though he have due right to it, and a just power to use it for good, for all fiduciary power abused may be repealed;The people may resume the power they gave to Commissioners of Parliament, when they abuse that power▪ and if the Knights and Burgesses of the House of Commons abuse their fiduciary power to the destruction of these Shires and Corporations, who put the trust on them, the observator did never say that Parliamentary power was so intire and irrevocably in them, as that the people may not resist them, anull their Commissions, and rescind their acts, and denude them of fiduciary power, even as the King may be denuded of that same power by the three estates, for particular Corporations are no more to be denuded of that fountain-power of making Commissioners, and of the self preservation, then the three estates are. 2. The P. Prelate commeth not home to the mind of Buchanan, who knew the fundamental Lawes of Scotland, & the power of Parliaments, for his meaning was not to deny a legislative power in the Parliament, but when he calleth their Parliamentary declarations foreign his meaning is only that which Lawyers and Schoole-men both say,Buchanan not understood by the P. P. Leges non promulgatae non habent vim legis actu completo obligatoriae, Lawes not promulgated doe not oblige the subject while they be promulgated, p. 153but he falsifies Buchannan, when he saith, Parliamentary Lawes must have the authoritative influence of the people, before they can be formall Lawes, or any more then foreign or preparatory notions. And it was no wonder,Tables lawfull when the secret Counsell is corrupted, and Parliaments are denyed. when the King denyed a Parliament, and the supreme Senate of the secret Counsell was corrupted, then that the people did set up Tables, and extraordinary judicatures of the three estates, seeing there could not be any other government for the time.

6. Barclay answereth to that, The meane is inferiour to the end, it holdeth not, the Tutor and Curator is for the minor, as for the end, 6 Rep. Barc. l. 4. con…. Monar…bo. c. 11 pag. 27.and given for his good; but it followeth not that therefore the Tutor in the administration of the minor or Pupils inheritance is not superiour to the minor. Ans. 1. It followeth well that the Minor virtually, and in the intention of the Law is more excellent then the Tutor, though the Tutor can exercise more excellent acts then the Pupill, by accident, for defect of age in the Minor, yet he doth exercise those acts with subordination to the Minor, and with correction, because he is to render an account of his doings to the Pupill comming to age: so the Tutor is only more excellent, and superiour in some respect, foreign but not simply, and so is the King in some respect above the people.

The P. Prelate beggeth from the Royalists another of our Arguments, Quod efficit tale, est magis tale. 7. Rep. Sacr. sanc. Ma… ▪ c. 13. p. 130. stolen out of Arnisaeus d… jure Majest. cap. 3. n. 1. pag. 34.That which maketh another such, is farre more such it selfe; if the people give Royall Power to the King, then farre more is the Royall Power in the people. By this (saith the Prelate) it shall follow if the observator give all his goods to me, to make me rich, the observator is more rich; if the people give most part of their goods to foment the Rebellion, then the people are more rich, having given all they have upon the Publicke Faith. Ans. 1. This greedy Prelate was made richer then ten poore Pursevants, by a Bishopricke, it will follow well; ergo the Bishopricke is richer then the Bishop, whose goods the curse of God blasteth. 2. It holdeth in efficient causes, so working in other things as the vertue of the effect remaineth in the cause, even after the production of the effect. As the Sunne maketh all things light, the Fire all things hot, therefore the Sun is more light, the Fire more hot; but where the cause doth alienate and make over, in a corporall manner, that which it hath to another, as the hungry Prelate would have the Observators goods, it holde…h not; for the effect may p. 154exhaust the vertue of the cause,Quod …fficit tale, &c. holdeth when the agent maketh not away all its vertue by alienation. but the people doth, as the fountaine, derive a streame of Royalty to Saul, and make him King, and yet so as they keepe Fountain-power of making Kings in themselves; yea when Saul is dead to make David King at Hebron, and when he is dead to make Solomon King, and after him, to make Rehoboam King: and therefore in the people there is more fountaine power of making Kings then in David, in Saul, in any King of the world; as for the Prelates jeere about the peoples giving of their goods to the good cause, I hope it shall by the blessing of God inrich them more, whereas Prelates by the Rebellion in Ireland (to which they assent, when they counsell His Majesty to sell the blood of some hundred thousands of innocents killed in Ireland) are brought from thousands a yeare, to begg a morsell of bread.

The Prelate answereth that Maxime, Quod ef…icit tale, id ipsum est magis tale. 8. Rep. Sacr. sanc. Mai. pag. 131.That which maketh another such, it is it selfe more such. It is true, De principio formali effectivo (as I learned in the Vniversity) of such an Agent as is formally such in it selfe, as is the effect produced. Next, it is such as is effective and productive of it selfe, as when fire heateth cold water, so the quality must be formally inherent in the Agent, as Wine maketh drunke, it followeth not, Wine is more drunke because Drunkennesse is not inherent in the Wine, nor is it capable of drunkennesse; and therefore Aristotle qualifieth the Maxime with this, Quod efficit tale est magis tale, modo utrique insit. And it holdeth not in Agents, who operate by donation, if the right of the King be transferred from the people to the King. The donation devesteth the people totally of it, except the King have it by way of loane, which to my thinking, never yet any spoke— Soveraignty never was, never can be in the Community; Soveraignty hath power of life and death, which none hath over himselfe, and the community conceived without government, all as equall, endowed with Natures and native liberty, of that community can have no power over the life of another. And so the Argument may be turned home, if the people be not tales, such by nature (as hath formally Royall power, he should say) they cannot give the King Royall Power. Also none hath power of life and death either eminenter or formally, the people either singly or collectively have not power over their owne life, much lesse over their neighbours.

Ans. 1. The Prelate would make the maxime true of a formall cause, and this he learned in the University of St. Andrewes, p. 155he wrongeth the University, he rather learned it while he kept the Calves of Craile, the wall is white from whitenesse,Propter quod unumquod que &c. not understood by the P. P. ergo whitenesse is more white by the Prelates learning; never such thing was taught in that learned University. 2. Principium formale effectivum is as good Logick, as principium effectivum materiale, formale, finale. The Prelate is in his acuracy of Logick now, he yet maketh the causality of the formall cause all one with the causality of the efficient, but he is weake in his Logicks. 3. He confoundeth a cause equivocall, and a cause univocall, and in that case the Maxime holdeth not. Nor is it necessary to make true the maxime, that the quality be inherent in the cause, the same way. For a City maketh a Major, but to be a Major is one way in the City, and another way in him who is created Major; and the Prelates Maxime would helpe him, if we reasoned thus: The people maketh the King, ergo the people is more a King, and more formally a Soveraigne then the King. But that is no more our Argument, then the simile that Maxwell used, as neere heart and mouth both. Wine maketh drunk the Prelate, ergo Wine is more drunk. But we reason this, the Fountaine-power of making six Kings is in the people, ergo there is more fountain-power of Royalty in the people then in any one King; for we read that Israel made Saul King, and made David King, and made Abimelech King; but never that King Saul made another King, or that an earthly King made another Absolute King. 4. The Prelate will have the Maxime false, where the Agent worketh by donation, which yet holdeth true by his owne grant, c. 9. pag. 98. The King giveth power to a Deputy, ergo there is more power in the King. 5. He supposeth that which is the Basis and foundation of all the question, that people devesteth themselves totally of their Fountaine power, which is most false. 6. Either they must devest themselves totally (saith he) of their power, or the King hath power from the people, by way of loane, which to my thinking never any yet spake. But the P. Prelates thinking is short, and no rule to Divines and Lawyers, for to the thinking of the learnedst Jurists this power of the King is but fiduciary, and that is (whether the Prelate thinke it, or thinke it not) a sort of power by trust, pawn'd or loane. Rex director Regni, non proprietarius, The King hath Soveraignty by loane and in trust.Molinae. in consuet. Parisi. Tit. 1.9.1. Glos. 7. n. 9. The King is a life-renter, not a Lord, or proprieter of his Kingdome. So Novel. 85. in princip. &c. 18. Quod magistratus sit nudus dispensator & defensor jurium regni, non proprietarius, constat p. 156ex eo quod non posset alienare imperium, oppida, urbes, regionésve, vel res subditorum, bonàve regni. So Gregory, l. 3. c. 8. de Repub. per c. 1. Sect. praeterea, de propo. feud. Hottoman. quest. illust. 1. Ferdinan▪ Vasquez. l. 1. c. 4. Bossius de princip. & privileg. illius, n. 290. The King is only a steward, and a defender of the lawes of the Kingdome, not a proprietor, because he hath not power to make away the Impire, Cities, Townes, Countries, and goods of the Subjects: and, bona commissa Magistratui, sunt subjecta restitutioni, & in prejudicium successorum alienari non possunt, per l. ult. Sect. sed nost. C. Comment. de leg. l. peto 69. fratrem de leg. 2. l. 32. ult. d. t. All the goods committed to any Magistrate, are under Restitution… for he hath not power to make them away to the prejudice of his successors. The Prelates thoughts reach not the secrets of Jurists, and therefore he speaketh with a warrant; he will say no more then his short-travel'd thoughts can reach; and that is but at the doore. 7. Soveraigntie is not in the Communitie (saith the P. Prelate.Soveraigntie how in the Communitie, how not.) Truly it neither is, nor can be, more then ten, or a thousand, or a thousand thousands, or a whole Kingdome can be one man; for Soveraigntie is the abstract, the Soveraigne is the concrete: Many cannot be one King or one Soveraigne: a Soveraigne must be essentially one; and a multitude cannot be one: but what then? may not the Soveraigne power be eminently, fontaliter; originally and radically in the people? I thinke it may, and must be. A King is not an under-Iudge, he is not a Lord of Councell or Session formally, because he is more: The people is not King formally, because the people is eminently more then the King; for they make David King, and Saul King. And the power to make a Lord of Councell and Session, is in the King (say Royalists.) 8. A Communitie hath not power of life and death. A King hath power of life and death, (saith the Prelate) What then? ergo, a Communitie is not King. I grant all. But (poore man!) Ergo, the power of making a King, who hath power of life and death, is not in the people. It is like Prelates logick. Samuel is not a King; ergo, he cannot make David a King. It followeth not, by the Prelates ground.Power of life and death, how in the Communitie. So the King is not an in inferiour Iudge: What? ergo, he cannot make an inferiour Iudge. 9. The power of life and death is eminently and virtually in the people, collectively taken, though not formally. And though no man can take away his own life, or hath power over his own life formally; yet a man, and a body of men hath power over their own lives, radically and virtually; in p. 157respect they may render themselves to a Magistrate, and to Lawes, which if they violate, they must be in hazard of their lives, and so they virtually have power of their own lives, by putting them under the power of good lawes for the peace and safety of the whole. 10. This is a weake consequence: None hath power of his owne life, Ergo, far lesse of his neighbours (saith the Prelate.) I shall denie the consequence. The King hath not power of his own life, that is, according to the Prelates mind, he can neither by the law of nature, nor by any Civill law. kill himselfe: Ergo, the King hath far lesse power to kill another. It followeth not: for the Iudge hath more power over his neighbours life, then over his own. 11. But, saith the P. Prelate, The Communitie conceived without government, A Communitie of it selfe, wanting Rulers, is a Politique body, and how.all as equall, endowed with natures and native libertie, hath no power of life and death, because all are borne free, and so none is borne with dominion and power over his neighbours life. Yea but so, Mr. P. Prelate, a King considered without government, and as born a free man, hath not power of any mans life, more then a Communitie hath: for King and Begger are borne both alike free. But a Communitie in this consideration, as they come from the wombe, have no Politique consideration at all. If you consider them as without all policie, you cannot consider them as invested with policie: yea if you consider them so as they are by nature, voyd of all policie, they cannot so much as adde their after-consent and approbation to such a man to be their King, whom God immediately from heaven maketh a King: for to adde such an after-consent, is an act of government. Now as they are conceived to want all government, they cannot performe any act of government. And this is as much against himselfe, as against us.

2. The power of a part, and the power of the whole is not alike. Royaltie never advanceth the King above the place of a member: And Lawyers say, The King is above the subjects, in sensu diviso, in a divisive sense he is above this or that subject: but he is inferiour to all the subjects collectively taken, because he is for the whole Kingdome, as a meane for the end. Object. If this be a good reason, that he is a meane for the whole Kingdome, as for the end; that he is therefore inferiour to the whole Kingdome: then is he also inferior to any one subject; for he is a meane for the safety of every subject, as for the whole Kingdome. Answ. Every meane is inferior to its compleat, adequate and whole end: and such an end is the whole Kingdome p. 158in relation to the King: but every man is not alwayes inferiour to its incompleat, inadequate and partiall end. This or that subject is not adequate, but the inadequate and incompleat end in relation to the King. The Prelate saith, Kings are Dii Elohim, Gods; and the manner of their propagation is by filiation, Sacr. sanc. maj. c. 4. p. 43.by adoption, sonnes of the most high, and Gods first borne. Now the first borne is not above every brother severally: The propagation of Kings is by filiation, saith the P.P. A speech that hath neither sense nor reason. Filiation is later then propagation: one must be propagated ere he be a sonne.but if there were thousands, millions, numberlesse numbers, he is above all in precedencie and power. Answ. Not only Kings, but all inferiour Iudges are Gods, Psal. 82. God standeth in the congregation of the Gods, that is not a congregation of Kings. So Exo. 22.8. the master of the house shall be brought, foreign to the Gods, or to the Judges. And that there were more Iudges then one, is cleare by vers. 9. and if they shall condemne foreign jarshignur, condemnarint, Joh. 10.35. foreign, He called them Gods. Exod. 4.16. Thou shalt be to Aaron foreign as a God. They are Gods analogically only. God is infinite, not so the King. 2. Gods will is a law, not so the Kings. 3. God is an end to himselfe, not so the King. Kings and inferior Iudges Gods analogically.The Iudge is but God by office, and representation, and conservation of the people. 2. It is denyed that the first-borne is in power before all his brethren, though there were millions. That is but said. One, as one, is inferior to a multitude: as the first-borne was a Politick Ruler to his brethren, he was inferiour to them politically.

Object. 3. The collective Vniversitie of a Kingdome are subjects, sonnes, and the King their father, no lesse then this or that subject is the Kings subject. For the universitie of Subjects are either the King, or the King subjects: for all the kingdome must be one of these two; but they are not the King, Ergo, they are his subjects.

Answ. All the Kingdome in any consideration is not either King or Subjects. I give a third: The Kingdome collective is neither properly King nor Subject: but the Kingdome embodied in a State, having collaterall or coordinate power with the King.

Object. 4. The universitie is ruled by lawes, Ergo, they are inferior to the King who ruleth all by law.

Answ. The Universitie properly is no otherwise ruled by lawes, then the King is ruled by lawes. The Universitie formally is the compleat Politick body, indued with a nomothetick facultie, which cannot use violence against it selfe, and so is not properly under a Law.