Lex Rex, Question 8
QUEST. VIII. Whether the Prelate proveth by force of reason, that the people cannot be capable of any power of Government?
P. Prelate. God and nature giveth no power in vain, and which may not be reduced into action; but an active power, or a power of actuall governing, was never acted by the Communitie; therefore this power cannot be seated in the Communitie as in the prime and proper subject; and it cannot be in every individuall person of a Communitie, because Government intrinsecally and essentially includeth a specified distinction of Governours, and some to be governed; and to speak properly, there can no other power be conceived in the Communitie naturally and properly, but only potestas passiva regiminis, a capacitie or susceptabilitie to be governed, by one or by moe, just as the first matter desireth a forme. This obligeth all, by the dictate of Natures law, to submit to actuall government: and as it is in every individuall person, it is not meerly and properly voluntary, because howsoever nature dictates, that government is necessary for the safety of the society, yet every singular person, by corruption and selfe-love, hath a naturall aversenesse and repugnancie to submit to any; every man would be a King himselfe: This universall desire, appetitus universalis aut naturalis, or universall propension to Government, is like the act of the understanding assenting to the first undeniable principles of truth, and to the wills generall propension to happines in generall, which propension is not a free act, except our new Statists, as they have changed their faith, so they overturne true reason, it will puzzle them infinitely to make any thing in its kinde passive, really active and collative of positive acts and effects. All know, no man can give what he hath not: an old Philosopher would laugh at him who would say, that a matter perfected and actuated by union, with a forme, could at pleasure shake off its forme, and marrie it selfe to another: they may as well say, every wife hath power to resume her freedome, and marrie another, as that any such power active is in the Communitie, or any power to cast off Monarchie.
Ans. The P. Prelate might have thanked Spalato for this Argument, but he doth not so much as cite him, for feare his theft be deprehended, but Spalato hath it set downe with stronger nerves, then the Prelates head was able to copie out of him. But (a)M. Anto. de domini. Arch. Spalatens. l. 6. c. 2. n. 5.6. … petius h… bet a natura, non tam vim a…ice rectivam aut gubernativ…m, quam inclinationem passive re gibilem (ut ita loquar) & gubernabilem, qua volens & libens sese submittit rectoribus &c.Iac. de Almain, and (b)Almain. de potest. & La. 1 q. 1. c. 1.6. & q. 2.3, 5.Navarrus, with the Parision Doctors said in the Concell of Paris, that politick power is immediatly from God, but first from the community; but so, that the community apply their power to this o… that Government, not of liberty, but by naturall necessity, but Spal…to and the Plagiarie Prelate doe both looke beside the booke. The question is not now concerning the vis rectiva the power of governing in the people, but concerning the power of government, for these two di…fer much, the former is a power of ruling and Monarchicall commanding of themselves, this power is not formally in the people, but only vertually; and no reason can say, that a vertuall power is idle, because it cannot be actuated by that same subject that it is in, for then it should not be a vertuall, but a formall power. Doe not Philosophers say such a Hearb vertually maketh hot, and can the sottish Prelate say, this vertuall power is idle,(c)Navarrus and in vaine given of God, because it doth not formally heate your hand when you touch it.(d)Nem. don iud. not. 3. n. 85. 2. The P. Prelate who is excommunicated for Popery, Socinianisme, Arminianisme, and is now turned Apostate to Christ, and his Church must have changed his faith,In any community there are active and passive power to government. not we, and be reasonlesly ignorant to presse that axiome, that the power is idle that cannot be reduced to acts; for a generative power is given to living and sensitive creatures, this power is not idle though it be not reduced in act, by all and every individuall sensitive creature. A power of seeing is given to all who naturally doe, or ought to see, yet it is not an idle power, because divers are blind, seeing it is put forth in action in divers of the kind; so this power in the community is not idle, because it is not put forth in acts in the people, in which it is vertually, and is put forth in action in some of them, whom they choose to be their Governours; nor is it reasonable to say that it should be put forth in action by all the people, as if all should be Kings and Governours. But the question is not of the power of governing in the people, but of the power of Government, that is, of the power of making Governours and Kings, and the community doth put forth in act this power, as a free, voluntary, and active power, for 1. a Community transplanted to India or any place of the world, not before inhabited have a perfect liberty to choose either a Monarchy, or a Democracy, or an Aristocracy; for though nature incline them to Government in generall, yet are they not naturally determinated to any one of those three, more than another. 2. Israel did of their free will choose the change of government, and would have a King, as the Nations had, ergo they had free will, and so an active power so to doe, and not a a passive inclination only to be governed, such as Spalato saith agreeth to the first matter, 3, Royalists teach that a people under Democracy, or Aristocracy have liberty to choose a King, and the Romanes did this, ergo they had an active power to do it, ergo the Prelates simile crookes, the matter at its pleasur… cannot shake off its forme, nor the wife cast off her husband being once married; but Barclaius, Grotius, Arnisaeus, Blackwood, and all the Royalists teach that the people under any of these two formes of Democracy or Aristocracy, may resume their power, and cast off these formes and choose a Monarch, and if Monarchy be the best government as Royalists say, they may chose the best, and is this but a passive capacity to be governed? 2. Of ten men fit for a Kingdome they may designe one, and put the Crowne on his head, and refuse the other nine, and Israel crowned Solomon and refused Ad… niah. Is this not a voluntary action, proceeding from a free active, elective power? It will puzzle the pretended Prelate to deny this, that which the community doth freely, they doe not from such a passive capacity, as is in the first matter, in regard of the forme. 3. It is true that people through corruption of nature are averse to submit to Governours, for conscience sake, and as to the Lord, because the naturall man remaining in the state of nature can doe nothing that is truely good, but it is false that men have no active Morall power to submit to superiours, but only a passive capacity to be governed, he quite contradicteth himselfe, for he said before, c. 4. pag. 49. that there is an innate feare and reverence in the hearts of all men naturally, even in Heathen toward their Severaign; yea as we have a naturall morall active power to love our Parents and superiours (though it be not Evangelically, or legally in Gods Court, good) and so to obey their commandements, only we are averse to penall Lawes of superiours; but this proveth no way, that we have only by nature, a passive capacity to government; for Heathens have by instinct of nature both made Lawes morally good, submitted to them, set Kings and Iudges over them; which clearely proveth that men have an active power of Government by nature: 4. yea, what difference maketh the Prelate betwixt men and beasts, for beasts have a capacity to be governed, even Lyons and Tigers; but here is the matter, if men have any naturall power of Government, the P. Prelate would have it with his brethren Iesuites and Arminians to be not naturall, but done by the helpe of universall grace, for so doe they confound nature and grace. But it is certaine our power to submit to Rulers and Kings as to rectors, and guides and fathers, is naturall, to submit to Tyrants in doing ills of sinne, is naturall, but in suffering ills of punishment its not naturall. 5. No man can give that which he hath not, is true, but that people have no power to make their Governours, is that which is in question, and denyed by us. 6. This argument doth prove that people hath no power to appoint Aristocraticall Rulers more then Kings, and sothe Aristocraticall and Democraticall Rulers are all inviolable and sacred, as the King. 2. by this the people may not resume their freedome if they turne tyrants and oppressors; this the Prelate shall deny, for he averreth, p. 96. out of Augustine, that the people may without sin change a corrupt Democracy into a Monarchy.
Pag. 95, 96.P. Prelate. If Soveraignty be originally inherent in the people, then Democracy, or Government by the people, were the best Government, because it commeth nearest to the fountaine and streame of the first and radicall power in the people, yea and all other formes of government were unlawfull; and if Soveraignty be natively inherent in the multitude, it must be proper to every individuall of the community, which is against that false Maxime of theirs, Quisque nascitur liber, every one by nature is borne a free man, and the posterity of those who first contracted with their elected King, are not bound to that Couenant, but upon their native rest and liberty, may appoint another King without breach of covenant. The posterity of Ioshua, and the Elders in their time, who contracted with the Gibeonites to incorporate them, though in a serving condition, might have made their fathers government nothing.
Ans. The P. Prelate might thanke Spalato for this Argument also,Spal…tensis, Ibid. pag. 648. for it is stollen, but he never once nameth his name, lest his theift should be deprehended; so are his other Arguments stollen from Spalato, but the Prelate weakeneth them, and it is seene, stollen goods are not blessed. Spalato saith then, by the law of nature every Common-wealth should be governed by the people, and by the law of nature, the people should be under the badest▪ Government, but this consequence is nothing; for community of many families is formally and of themselves under no government, but may choose any of the three,Popular Government is not that in which the whole people are Governors. People by nature, are equally indifferent to all the three forms of Government. for popular government is not that wherein all the people are Rulers, for this is confusion, no government, because all are Rulers, and none are governed and ruled; but in popular government many are chosen out of the people to rule, and that this is the worst government, is said gratis, without warrant, and if Monarchy be the best of it selfe, yet when men are in the state of sin, in some other respects, it hath many inconveniences. 2. I see not how Democracie is best, because neerest to the multitudes power of making a King; for if all the three depend upon the free will of the people, all are alike a far off, and alike neer hand, to the peoples free choice, according as they see most conducible for the safety and protection of the Common-wealth: And seeing the forms of Government are no more naturall, then politick Incorporations of Cities, yea, then of Shires: But from a positive institution of God who erecteth this form, rather then this, not immediately now, but mediately by the free will of men; not one cometh formally, and ex naturâ rei, neerer to the fountain then another, except that materially Democracie may come neerer to the peoples power, then Monarchie, but the excellencie of it above Monarchie, is not hence concluded; for by this reason, the number of four should be more excellent then the number of five, of ten, of an hundreth, of a thousand, or of millions, because four cometh neer to the number of three, which Aristotle calleth the first persit number, cui additur foreign of which yet formally all doe alike share in the nature and essence of number. 2. It is denied, that it followeth from this antecedent, The people have power to chose their own Governours. Ergo, All Governments, except Democracie, or Government by the people, must be sinfull and unlawfull. 1. Because Government by Kings is of Divine institution, and of other Iudges also, as is evident by Gods Word, Rom. 13.1, 2, 3. Deut. 17.14. Prov. 8.15, 16. 1 Pet. 2.13, 14. Psal. 2.10, 11, &c. 2. Power of chosing any form of Government, is in the people: Ergo, There is no Government lawfull, but popular Government; it followeth no wayes, but presupposeth that power to chose any form of Government, must be formally actuall Government, which is most false, yea, they be contrary, as the prevalency or power, and the act are contrary, so these two are contrary, or opposite; neither is Soveraigntie, nor any Government formally inherent in either the Communitie, by nature, nor in any one particular man, by nature; and that every man is born free, so as no man, rather then his brother, is born a King and Ruler,… 16. August. de lib. arb. l. 1. c. 6. …i deprauatus populus rem privatam Reipub. preserat. atque habeat venale suffragium corruptusque ab ii… qui honoros a…nant, regnum in sefactiosis cons…leratisque committat; non ne item rectê, si quis tunc extilerit vir bonus qui plurimum possit, adimat huic populo potestatem dandi honores, & in pavcorum bonorum, vel etiam unjus red regat arbitrium? Pag. 97. sacr. sanc. regum majest. I hope, God willing to make good, so as the Prelate shall never answer on the contrary. 3. It followeth not, that the Posteritie living, when their Fathers made a Covenant with their first elected King, may without any breach of Covenant on the Kings part, make voyd and null their Fathers election of a King, and chose another King, because the lawfull Covenant of the Fathers in point of Government, if it be not broken, tieth the children; but it cannot deprive them of their lawfull libertie naturally inherent in them to chose the fittest man to be King: But of this hereafter more fully. 4. Spalato addeth, (the Prelate is not a faithfull theef) If the Communitie by the Law of nature, have power of all forms of Government, and so should be, by nature, under popular Government, and yet should refuse a Monarchy, and an Aristocracie; yet Augustine addeth, If the people should preferre their own private gain to the publike good, and sell the Common-wealth, then some good man might take their libertie from them, and against their will erect a Monarchie, or an Aristocracie: But 1. the Prelate and Augustine, supposeth the people to be under Popular Government; this is not our case, for Spalato and the Prelate presupposeth by our grounds, that the people by nature, must be under Popular Government; Augustine dreameth no such thing, and we deny that by nature, they are under any form of Government. 2. Augustine in a case most considerable, thinketh one good, and potent man, may take the corrupt peoples power of giving Honours, and making Rulers from them, and give it to some good men, few, or many, or to one; then Augustine layeth done as a ground, that which Spalato and the Prelate denieth, That the people hath power to appoint their own Rulers; otherwayes, how could one good man take that power from them? And the Prelates fifth Argument, is but a Branch of the fourth Argument, and is answered already.
P. Prelate, Chap. 11. He would prove, That Kings of the peoples making, are not blessed of God. The first creature of the peoples making, was Abimelech, Iudg. 9.22. who reigned onelyonly three yeers, well neer Anti-Christs time of endurance; he came to it by blood▪ and an evil spirit rose betwixt him, and the men of Sechem, and he made a miserable end. The ne… was Ieroboam, who had this Motto; He made Israel to sin, the people made him King, and he made the same pretence of a glorious Reformation, that our Reformers now make, new Calves, new Altars, new Feasts are erected; they banish the Levites, and take in the scum and drosse of the 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:The P. Prelate holdeth the Pope no… to be the Antichrist, but that as Papists say, the Antichrist shal be one single man. In this Argument he saith, Abimelech did reigne onelyonly 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 onelyonly three yeers and a half. But 1. The Argument from successe, proveth nothing, except the Prelate prove their bad successe to be from this,The bad successe of Kings chosen by the people proveth nothing, because Kings chosen by God had bad successe, through their own wickednesse. 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 onelyonly, 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 onelyonly 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,The P. Prelate condemneth King Charles his ratifying in Parliament, 2. An. 1641. the proceedings of Scotland in this present 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 any are supreme Iudges, is an eminent act of speciall providence, which hindereth not but that the King is made by the people▪ 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 hath no influence in making a King, for the people are worthier,The people not patients▪ in making a King, as is water in producing grace in baptisme. more excellent then the King, and they have an active power of ruling and directing themselves toward the intrinsecall end of humane policie, which is the externall safety and peace of a societie, in so far as there are morall principles of the Second Table for this effect written in their heart, and therefore that royall authoritie, which by Gods speciall providence, is united in one King, and as it were overgilded and lustered with Princely grace and royall endowments, is diffused in the people, for the people hath an after-approbative consent in making a King, as Royalists confesse, water hath no such action in producing grace.