Treatise of Civil Policy, Treatise · Question 53

Treatise of Civil Policy · Treatise · Question 53

p. 433QUEST. XLIII. Whether the King of Scotland be an abſolute Prince, having Prerogatives above Parliament and Laws? The Negative is aſſerted by the Lawes of Scotland, the Kings Oath of Coronation, the Confeſſion of Faith &c.

THe negative part of this, I hold, in theſe Aſſertions.

Aſſert. 1. The Kings of Scotland have not any PrerogativeThe King of Scotland not above Laws and Parliaments, proved from our acts of Parliament. diſtinct from Supremacie above the Lawes. 1. If the People muſt be governed by no Lawes, but by the Kings own Lawes, that is, the Lawes and Statutes of the Realme acted in Parliament, under paine of diſobedience; then muſt the King governe by no other Lawes, and ſo by no Prerogative above Law. But the former is an evident truth, by our Acts of Parliament; ergo, ſo is the latter. The Propoſition is confirmed; 1. Becauſe what ever Law enjoyneth paſſive obedience no way but by Lawes; that muſt injoyne alſo the King actively to command no other way but by Law: for to be governed by Law, eſſentially includeth, to be governed by the Supreme Governour, only by Law. 2. An act of Regall governing, is an act of Law, and eſſentially an act of Law; an act of abſolute Prerogative is no act of Law, but an act above Law, or of pleaſure looſed from p. 434Law; and ſo they are oppoſed as acts of Law, and non-acts of Law. If the Subjects, by command of the King and Parliament, cannot be governed but by Law; How can the King but be under his own, and the Parliaments Law, to governe only by Law? I prove the Aſſumption from Parl. 3. of K. Iames the 1. Act 48. Ordaines, That all and ſundry the Kings Lieges be governed under the Kings Laws and Statutes of the Realme allanerly, and under no particular Lawes, or ſpeciall Priviledges, nor by any Lawes of other Countries or Realmes. Priviledges doe exclude Lawes: Abſolute pleaſure of the King, as a Man, and the Law of the King as King, are oppoſed by way of contradiction: and ſo in Parl. 6. K. James 4. Act. 79. and ratified Parl. 8. K. Iames 6. Act. 131.

2. The King, at his Coronation, 1 Par. K. James 6. Act. 8. ſwearethThe King of Scotland's oath at his Coronation. to maintaine the true Kirk of God, and Religion now preſently profeſſed, in puritie; And to rule the People according to the Lawes and Conſtitutions received in the Realme; cauſing Juſtice and equitie to be miniſtred without partialitie. This did King Charles ſweare at his Coronation, and ratified Parl. 7. K. Iam. 6. Act. 99. Hence he who by the Oath of God is limited to governe by Law, can have no Prerogative above the Law. If then the King change the Religion, Confeſſion of Faith, authoriſed by many Parliaments, eſpecially by Parliament, 1 K. Charles, An. 1633. He goeth againſt his Oath 3. The Kings Royall Prerogative, or rather Supremacie, enacted Parl. 8. K. James 6. Act. 129. and Parl. 18. Act. 1. and Parl. 21. Act. 1. K. Iames, and 1 Parl. K. Charles, Act. 3. cannot, 1. be contrary to the Oath that K. Charles did ſweare at his Coronation, which bringeth down the Prerogative, to governing according to the ſtanding Lawes of the Realme. 2. It cannot be contrary to theſe former Parliaments and Acts, declaring that the Lieges are to be governed by the Lawes of the Realme, and by no particular Lawes and ſpeciall Priviledges: (but abſolute Prerogative is a ſpeciall Priviledge above, or without Law) which Acts ſtand unrepealed to this day: and theſe Acts of Parliaments ſtand ratified, An. 1633. the 1 Parl. K. Charles.

3. Parl. 8. K. Iames 6. in the firſt three Acts thereof, the Kings Supremacie, and the power and authoritie of Parliaments, are equally ratified, under the ſame paine: Their jurisdictions, power and judgements in Spirituall or Temporall cauſes, not ratified by His Majeſtie, and the three Eſtates conveened in Parliament, are diſcharged. p. 435But the Abſolute Prerogative of the King above Law, Equity, and Iuſtice, was never ratified in any Parliament of Scotland to this day.

4. Parliam. 12. K. Iames 6. Act. 114. All former Acts in favour of the true Church and Religion, being ratified, Their power of making Conſtitutions concerning foreign Order and Decency; the Priviledges that God hath given to ſpirituall Office-bearers, as well of Doctrine and Diſcipline, in matters of Hereſie, Excommunication, Collation, Deprivation, and ſuch like, warranted by the Word of God, and alſo to Aſſembles and Presbyteries, are ratified. Now in that Parliament, in Acts ſo contiguous, we are not to think, That the King and three Eſtates, would make Acts for eſtabliſhing the Churches power in all the former heads of Government; in which, Royaliſts ſay, The ſoul of the Kings Abſolute Prerogative doth conſiſt: And therefore it muſt be the true intent of our Parliament, to give the King a Supremacy and a Prerogative Royall (which we alſo give) but without any Abſoluteneſſe of boundleſſe and tranſcendent power above Law; and not to obtrude a Service-Book, and all the Superſtitious Rites of the Church of Rome, without Gods Word, upon us.

5. The former Act of Parliament ratifieth the true Religion, according to the Word of God, then could it never have been the intent of our Parliament, to ratifie an Abſolute ſupremacy, according to which, a King might govern his people, as a Tyrannous Lion, contrary to Deut. 17. 18, 19, 20. And 'tis true: The 18. P. of King James 6. Act. 1. and Act. 2. upon perſonall qualifications, giveth a Royall Prerogative to King James over all cauſes, perſons, and eſtates, within His Majeſties Dominion; whom they humbly acknowledge, to be Soveraign Monarch, Abſolute Prince, Judge, and Governour over all Eſtates, Perſons, and Cauſes.

Theſe two Acts, for my part I acknowledge, ſpoken rather in Court-expreſſions, then in Law-termes.

1. Becauſe perſonall vertues cannot advance a limited Prince (ſuch as the Kings of Scotland, Poſt hominum memoriam, ever were) to be an Abſolute Prince: Perſonall graces make not David abſolutely ſupreme Judge over all perſons and cauſes; nor can King James, advanced to be King of England, be for that, made more King of Scotland, and more ſupreme Iudge, then he was, while he was onelyonly King of Scotland. A wicked Prince is as eſſentially ſupreme Iudge, as a godly King.

p. 4362. If this Parliamentary figure of ſpeech which is to be imputed to the times, exalted King James to be Abſolute in Scotland, for his perſonall indowments, there was no ground to put the ſame on King Charls. Perſonall vertues are not alway Hereditary, though to me the preſent King be the beſt.

3. There is not any Abſoluteneſſe above Law in the Act. 1. The Parliament muſt be more abſolute themſelves. King James 6. had been divers yeers before this 18. Parl. King of Scotland; then if they gave him by Law an Abſoluteneſſe, which he had not before, then they were more Abſolute. Theſe who can adde Abſoluteneſſe, muſt have it in themſelves, Nemo dat quod non habet, if it be ſaid, King James had that before the Act, the Parliament legally declared it to be his power, which before the Declaration, was his power. I anſwer, All he had before this Declaration was, to govern the people according to Law and Conſcience, and no more; and if they declare no other Prerogative Royall to be due to him, there is an end, we grant all. But then this which they call Prerogative Royall is no more, then, a power to govern according to Law, and ſo you adde nothing to King James, upon the ground of his perſonall vertues, onelyonly you make an oration to his praiſe in the Acts of Parliament.

4. If this Abſoluteneſſe of Prerogative, be given to the King, the ſubjects ſwearing obedience, ſwear, That he hath power from themſelves, to deſtroy themſelves: this is neither a lawfull oath, nor though they ſhould ſwear it, doth it oblige them.

6. A Supreme Iudge, is a ſupreme father of all his children, and all their cauſes; and to be a ſupreme Father, cannot be contrary to a ſupreme Iudge: but contrary it muſt be, if this ſupremacy make over to the Prince, a power of devouring as a Lyon, and that by a regall priviledge, and by office, whereas he ſhould be a father to ſave; or if a Iudge kill an ill-doer, though that be an act deſtructive to one man, yet is it an act of a father to the Commonwealth. An act of ſupreme and abſolute Royaltie is often an act of deſtruction to one particular man, and to the whole Commonwealth. For example, when the King out of his Abſolute Prerogative, pardoneth a murtherer, and he killeth another innocent man, and out of the ſame ground, the King pardoneth him again, and ſo till he kill twenty (for by what reaſon the Prerogative giveth one pardon, he may give twenty, there is a like reaſon above Law for all.) This act of Abſolute Royaltie, is ſuch an act of murther, as if p. 437a ſhepherd would keep a Woolf in the fold with the ſheep, he were guilty of the loſſe of theſe ſheep. Now an act of deſtroying, cannot be an act of judging, far leſſe of a ſupreme Iudge, but of a ſupreme Murtherer; 7. Whereas he is called Abſolute Prince, and Supreme Judge, in all Cauſes, Eccleſiaſticall and Civill. It is to be conſidered, 1. That the Eſtates profeſſe in theſe acts, not to give anyHow the King is ſupreme Iudge in all Cauſes. new Prerogative, but onelyonly to continue the old power, and that onelyonly with that amplitude, and freedom, which the King and his Predeceſſors did enjoy and exerce of before: the extent whereof, is beſt known from the Acts of Parliament, Hiſtories of the time, and the Oaths of the Kings of Scotland. 2. That he is called Abſolute Prince, not in any relation of freedom, from Law, or Prerogative above Law; whereunto as unto the norma, regula, ac menſura poteſtatis ſuae, ac ſubjectionis meae, He is tyed by the Fundamentall Law, and his own Oath, but in oppoſition to all forraign Iuriſdiction or principalitie above him, as is evident, by the Oath of Supremacie ſet down, for acknowledging of his power in the firſt Act of Parliament 21. K. Iam. 6. 3. They are but the ſame expreſſions, giving onelyonly the ſame power before acknowledged in the 129. Act. Parl. 8. K. Iam. 6. And that onelyonly over Perſons or Eſtates, conſidered Separatim, and over Cauſes; but neither at all over the Laws, nor over the Eſtates, taken Conjunctim, and as convened in Parliament, as is clear, both by the two immediately ſubſequent Acts of that Parliament 8. K. Iam. 6. Eſtabliſhing the Authority of Parliaments, equally with the Kings, and diſcharging all Iuriſdictions (albeit granted by the King) without their Warrant; as alſo by the Narrative Depoſitive words, and certification of the Act it ſelf: otherwayes, the Eſtates convened in Parliament, might by vertue of that Act, be ſummoned before, and cenſured by the Kings Majeſtie or His Councell a Iudicatory ſubſtitute be, ſubordinate to, and cenſurable by themſelves, which were contrary to ſenſe and reaſon. 4. The very termes of Supreme Iudge, and in all Cauſes, according to the nature of Correlates, preſuppoſeth Courts, and judiciall Proceedings and Laws, as the ground work and rule of all, not a freedom from them. 5. The ſixth Act of the twenty Parliament, K. Iac. 6. Cleerly interpreteth what is meant by the Kings Iuriſdiction in all Spirituall and Eccleſiaſtick Cauſes: to wit, to be onelyonly in the Conſiſtoriall Cauſes of Matrimony, Teſtaments, Baſtardy▪ Adulteries, abuſively called Spirituall Cauſes, becauſe p. 438handled in Commiſſary Courts, wherin the King appoints the Commiſſary, his Deputies, and makes the Lords of the Seſſion his great Conſiſtory in all Eccleſiaſticall Cauſes, with reſervation of his Supremacy and Prerogative therein.

7. Supreame Iudge in all cauſes, cannot be taken Quoad actus elicitos, as if the King were to judge between two Sea-men, or two Husband-men, or two Tradeſ-men, in that which is proper to their Art; or between two Painters: certainly the King is not to Iudge which of the two draweth the faireſt Picture, but which of the two waſteth moſt gold on his Picture, and ſo doth intereſt moſt of the Common-wealth. So the King cannot judge in all Eccleſiaſticall Cauſes, that is, he cannot, Quoad actos elicitos, preſcribe this Worſhip: for example, the Maſſe, not the Sacrament of the Lords Supper. Therefore the King hath but Actus imperatos, ſome Royall Politicall Acts about the Worſhip of God to command God to be Worſhipped according to his Word, to puniſh the ſuperſtitions or neglectors of Divine Worſhip; therefore cannot the King be ſole Iudge in matters that belong to the Colledge of Iudges by the Lawes of Scotland, the Lords of Seſſion onelyonly may judge theſe maters. K. Iames, 1. Parl. 2. Act. 45. K. Iames 3. Par. 8. Act. 62. K. Iames 3. Par. 4. Act. 105. K. I. 1. Parl. 6. Act. 83. K. I. 1. Par. 6 Act. 86. K. I. 5. Par. 7. Act. 104. and that only according to Law, without any remedy of appellation to King or the Parliament, Act 62, and 63. Par. 14. K. I. 2. And the King is by Act of Parliament inhibited to ſend any private letter to ſtay the Acts of Iuſtice; or if any ſuch letter be procured, the Iudges are not to acknowledge it, as the Kings Will, for they are to proceed unpartially according to Iuſtice, and are to make the Law, which is the King and Parliaments publick revealed will, their rule, King I. 5. Parl. 5. Act. 68. K. Ia. 6. Part. 8. Act. 139. and K. I. 6. Par. 6. Act. 92. moſt lawfull. Nor may the Lords ſuſpend the courſe of Iuſtice, or the ſentence or execution of Decrees upon the Kings private letter. King I. 6. Parl. 11. Act 79. and K. Iam. 6. Par. 11. Act 47. and ſo if the Kings Will or deſire, as he is a man, be oppoſite to his Law, and his Will as King, it is not to be regarded. This is a ſtrong Argument, that the Parliaments never made the King ſupreame Iudge, Quoad actus elicitos, in all cauſes, nay not if the King have a Cauſe of his owne that concerneth Lands of the Crowne; farre leſſe can the King have a will of Prerogative above the Law by our Lawes of Scotland: p. 439And therefore, when in the eighth Parliament King Ia. 6. the Kings Royall Power is eſtabliſhed in the firſt Act, the very next act immediatly ſubjoyned thereunto declareth the authority of theſupreame Court of Parliament continued paſt all memory of man unto this day, and conſtitute of the free voices of the three eſtates of this ancient Kingdome, which in the Parliament 1606. is called, The ancient and fundamentall policy of this Kingdome; and ſo fundamentall, as if it ſhould be innovate, ſuch confuſion would enſue, as it could no more be a free Monarchy, as is expreſt in the Parliaments printed Commiſſion, 1604. by whom the ſame under God hath been upholden, rebellious and traiterous ſubjects puniſhed, the good and faithfull preſerved and maintained, and the Lawes and Acts of Parliament (by which all men are governed) made and eſtabliſhed, and appointeth the Honour, Authority, and Dignity of the Eſtates of Parliament to ſtand in their owne integrity, according to the ancient and laudable cuſtome by paſt, without alteration or diminution, and therefore diſchargeth any to preſume or take in hand, To impugne the dignity, and the authority of the ſaid Eſtates, or to ſeeke, or procure the innovation, or diminution of their power or authority under the paine of Treaſon: and therefore in the next Act, they diſcharge all Iuriſdictions, or Judicatories (albeit appointed by the Kings Majeſty, as the High Commiſſion was,) without their Warrant and approbation; and that as contrary to the fundamentall Laws, above titled, 48. Act. Parl. 3. K. Ia. 1. and Act. 79. Parl. 6. King Ia. 4. whereby the Lieges ſhould only be ruled by the Lawes or Acts, paſt in the Parliament of this Kingdome. Now what was the ancient Dignity, Authority, and power of the Parliaments of Scotland, which is to ſtand without diminution, that will be eaſily and beſt known from the ſubſequent paſſages, or Hiſtorians, which can alſo be very eaſily verified, by the old Regiſters, whenſoever they ſhould be produced; In the meane time remember that in Parliament and by Act of Parl. K. Ia. 6. for obſerving the due order of Parliament, promiſeth, never to doe, or command any thing, which may directly or indirectly prejudge the libertie of free reaſoning or voting of Parliament. K. Ia. 6. Parl. 11. Act. 40. And withall, to evidence the freedome of the Parliament of Scotland, from that abſolute unlimited Prerogative of the Prince; and their libertie to reſiſt his breaking of Covenant with them, or Treaties with forraigne Nations; Ye ſhall conſider, 1. That the Kings of Scotland are obliged, before they be inaugurate, p. 440to ſweare and make their faithfull Covenant to the true Kirk of God, that they ſhall maintaine, defend, and ſet forward the true Religion confeſſed and eſtabliſhed within this Realme; even as they are obliged and aſtricted by the Law of God, aſ well in Deuteronomie, as in the 11 chap. of the 2. book of the Kings; and as they crave obedience of their ſubjects. So that the bond and contract ſhall be mutuall and reciprocall, in all time comming, between the Prince and the People, according to the Word of God; as is fully expreſt in the Regiſter of the convention of Eſtates, Iuly 1567.

2. That important Acts and Sentences at home, (whereof one is printed, 112 Act. Parl. 14. K. Ia. 3.) and in Treaties with Forraigne Princes, the Eſtates of Parliament did append their ſeverall SealesThe Eſtates of Parliament do append their collaterall Seales with the Great Seal, in Treaties with forraigne Princes. with the Kings Great Seale, (which to Grotius, Barclaius, and A… niſaeus, is an undeniable argument of a limited Prince, as well as the ſtile of our Parliament, that the Eſtates with the King, ordaine, ratifie, reſcind, &c.) as alſo they were obliged, in caſe of the Kings breaking theſe Treaties, to reſiſt him therein, even by armes, and that without any breach of their allegiance, or of his Prerogative; as is yet extant in the records of our old Treaties with England and France, &c. But to goe on, and leave ſome high myſteries unto a rejoynder.

And to the end I may make good, that nothing is here taught, in this Treatiſe, but the very Doctrine of the Church of Scotland, I deſire that the Reader may take notice of the larger Confeſſion of the Church of Scotland, printed with the Syntagme and body of the Confeſſions, at Geneva, anno MDCXII. and authorized by King Iames the 6. and the three Eſtates in Parliament; and printed in our Acts of Parliament, Parl. 15. K. Iames 6. An. 1567. Amongſt good works of the Second Table, ſaith our Confeſſion, art. 14. are theſe: To honour Father, Mother, Princes, Rulers, and ſuperiour Powers: To love them, to ſupport them, yea to obey their Charge, (not repugning to the commandement of God) to ſave the lives of innocents, to repreſſe Tyrannie, to defend the oppreſſed, to keep our bodies cleane and holy, &c. The contrary whereof is, To diſobey or reſiſt any that God hath placed in Authoritie, (while they paſſe not over the bounds of their office) to murther, or to conſent thereunto, to beare hatred, or to let innocent blood be ſhed, if we may withſtand it, &c. Now the Confeſſion citeth in the margin, Epheſ. 6. 1. 7. and Ezek. 22. 1, 2, 3, 4, &c. where it is evident, by the name of Father and Mother, p. 441all inferious Iudges as well as the King, and eſpecially the Princes, Rulers, and Lords of Parliament are underſtood. 2. Ezek. 22. The bloody City is to be judged, becauſe they releeved not the oppreſſed out of the hand of bloody Princes, v. 6. who every one of them were to their power to ſhed innocent blood. 3. To reſiſt ſuperiour powers, and ſo the Eſtates of Parliament, as the Cavalters of Scotland doe, is reſiſtance forbidden, Romans 1…. 1. the place is alſo cited in the confeſſion. And the Confeſſion exponeth the place, Romans 13. according to the interpretation of all ſound Expoſiters; as is evident in theſe words, Art. 24. And therefore we confeſſe and avouch, that ſuch as reſiſt the ſupreame power, doing that thing which appertaineth to his charge, doe reſiſt Gods ordinance, and therefore cannot be guiltleſſe. And further we affirme, that whoſoever denyeth unto them aide, their counſell and comfort, while as the Princes and Rulers vigilantly travell in execution of their Office, that the ſame men deny their helpe, ſupport and counſell to God, who by the preſence of his Lieutenant craves it of them. From which words we have cleare:

1. That to reſiſt the King or Parliament, is to reſiſt them, while as they are doing the thing that appertaineth to their charge, and while they vigilantly travell in the execution of their office. But while King and Parliament doe acts of Tyranny againſt Gods Law, and all good Lawes of men, they doe not the things that appertaine to their charge and the execution of their Office; ergo by our confeſſion, to reſiſt them in Tyrannicall acts is, not to reſiſt the ordinance of God.

2. To reſiſt Princes and Rulers, and ſo inferious Iudges, and to deny them counſell and comfort, is to deny helpe, counſell, and comfort to God. Let then Cavaliers, and ſuch as refuſe to helpe the Princes of the Land againſt Papiſts, Prelates, and Malignants know, that they reſiſt Gods ordinance, which rebellion they unjuſtly impute to us.

3. Whereas it is added in our Confeſſion, that God by the preſence of his Lieutenant craveth ſupport and counſell of the people. It is not ſo to be taken, as if then only we are to ayde and helpe inferiour Iudges and Parliaments, when the King perſonally requireth it, and not other waies.

1. Becauſe the King requireth helpe, when by his Office he is obliged to require our helpe and counſell againſt Papiſts and Malignants, though as miſled, he ſhould command the contrary: ſo if the Law require our helpe, the King requireth it ex officio.

2. This ſhould expreſly contradict our confeſſion, if none were p. 442obliged to give helpe and counſell to the Parliament and Eſtates, except the King in his own perſon ſhould require it, becauſe Art. 14. it is expreſly ſaid, That to ſave the lives of innocents, or repreſſe Tyranny, to defend the oppreſſed,—not to ſuffer innocent blood to be ſhed; or workes pleaſing to God, which he rewardeth. Now we are not to thinke in reaſon, if the King ſhall be induced by wicked Counſell, to doe tyrannicall workes, and to raiſe Papiſts in Armes againſt Proteſtants, that God doth by him as by his Lieutenant, require our helpe, comfort and counſell, in aſſiſting the King in acts of Tyranny, and in oppreſſion, and in ſhedding innocent blood; yea our confeſſion tyeth us to deny helpe and comfort to the King in theſe wicked acts, and therefore our helpe muſt be in the things that pertaineth to his Royall Office, and duty only; otherwiſe we are to repreſſe all tyranny, art 14.

4 To ſave the lives of innocents, to repreſſe Tyranny, to defend the oppreſſed, are by our confeſſion good workes, well pleaſing to God, and ſo is this a good worke, not to ſuffer innocent blood to be ſhed, if we …ay withſtand it. Hence it is cleare as the Sunne, that our confeſſion according to the Word of God, to which King Charles did ſweare at his Coronation, doth oblige and tye us in the preſence of God, and his holy Angels to riſe in Armes, to ſave the innocent, to repreſſe Tyranny, to defend the oppreſſed. When the King induced by ill counſell ſent Armies by Sea and Land, to kill and deſtroy the whole Kingdome who ſhould refuſe ſuch a Service-booke, as they could not in conſcience receive, except they would diſobey God, renounce the confeſſion of Faith, which the King and they had ſworne unto, and prove perfidious Apoſtates to Chriſt and his Church, what could we doe, and that the ſame Confeſſion, conſidering our bonds to our deare Brethren in England, layeth bonds on us, to this as a good worke alſo, not to ſuffer their innocent blood to be ſhed, but to defend them; when they againſt all Law of God, of men, of State, of Nations, are deſtroyed and killed. For my part, I judge, it had been a guiltineſſe of blood upon Scotland, if we had not helped them, and riſen in Armes to defend our ſelves, and our innocent brethren againſt bloody Cavaliers. Adde to this what is in the 24. Article of the ſame Confeſſion.

We confeſſe—whoſoever goeth about to take away, or to confound the whole ſtate of Civill Polity▪ now lon… eſtabliſhed; we affirme the ſame men, not only to be enemies to mankind, but alſo wickedly to fight p. 443againſt Gods Will. But theſe who have taken Armes againſt the Eſtates of Scotland, and the Princes and Rulers of the Land, have laboured to take away Parliaments, and the fundamentall Lawes of this Kingdome, ergo &c.

The Confeſſion addeth, 16. We farther confeſſe and acknowledge, that ſuch perſons as are placed in authority, are to be loved, honoured, feared, and holden in moſt reverent eſtimation; becauſe that they are Lieutenants of God, in whoſe Seſſions God himſelfe doth ſit and Iudge: yea even the Iudges and Princes themſelves, to whom by God is given the ſword, to the praiſe and defence of good men, and to revenge and puniſh all open malefactors. Ergo the Parliament, and Princes, and Rulers of the Land are Gods Lieutenants on earth, no leſſe then the King by our Confeſſion of Faith, and thoſe who reſiſt them, reſiſt the ordinance of God. Royaliſts ſay, They are but the Deputies of the King, and when they doe contrary to his Royall Will, they may be reſiſted, yea and killed, for in ſo farre they are private men, though they are to be honoured as Iudges, when they act according to the Kings Will whoſe Deputies they are▪ But I anſwer▪

1. It is a wonder that inferiour Judges ſhould be formally Iudges, in ſo far as they act conforme to the will of a mortall King, and not in ſo far as they act conforme to the will of the King of Kings, ſeeing the judgement they execute is the King of Kings, and not the Iudgement of a mortall King, 2 Chro. 19. 6.

2. Royaliſts cannot indure the former diſtinction as it is applyed to the King, but they receive it with both hands, as it is applyed to inferiour Iudges; and yet certaine it is, that it is as ordinary for a King being a ſinfull man, to act ſometimes as the Lieutenant of God, and ſometimes as an erring and misinformed man, no leſſe then the inferiour Iudge acteth ſometimes according to the Kings will and Law, and ſometimes according to his owne private way; and if we are to obey the inferiour Iudge as the Deputy of the King, what ſhall become of his Perſon, when Cavaliers may kill him at ſome Edge-hill? for ſo they mock this diſtinction, as applyed to the King in regard of his Perſon, and of his Royall Office; and for this point our Confeſſion citeth in the Margin. Rom. 13. 7. 1 Pet. 2. 17. Pſal. 82. 1. which places doe clearely prove: 1. That inferiour Magiſtrates are: 1. Gods ordinances. 2. Gods on earth, Pſal. 82. 3. Such as beare the Lords ſword. 4. That they are not only (as the Confeſſion ſaith) appointed for Civill p. 444policie, but alſo for maintenance of true Religion, and for ſuppreſſing of idolatrie and ſuperſtition. Then it is evident, to reſiſt inferior Magiſtrates, is to reſiſt God himſelfe, and to labour to throw the ſword out of Gods hands. 5, Our Confeſſion uſeth the ſame Scriptures cited by Junius Brutus, to wit, Ezek. 22. 1, 2, 3, 4, 5, 6, 7. and Ier. 22. 3. where we are, no leſſe then the Iewes, commanded to execute judgement and righteouſneſſe, and deliver the ſpoyled out of the hands of the oppreſſour. For both the Law of God, and the Civill Law ſaith, Qui non impedit homicidium, quum poteſt, is homicidii reus eſt. I will caſt in a word of other Confeſſions, leſt we ſeeme to be Ieſuites alone.

The Confeſſion of Helvetia ſaith, c. 30. de Magiſtratu.—Viduas, pupillos, afflictos aſſerat: Every Magiſtrate is to defend the widow, the orphan, and the oppreſſed. The French Confeſſion ſaith, art. 40. Affirmamus ergo parendumeſſe Legibus & Statutis, ſolvenda Tributa, ſubjectionis denique jugum voluntariè tolerandum, etiamſi infideles fuerint Magiſtratus, dummodo Dei ſummum imperium integrum & illibatum maneat. So cleare it is, that all active obedience, is due to all Magiſtrates, and that that yoake of paſſive obedience is to be tolerated, but conditionally, with a dummodo, ſo as the Magiſtrate violate not the ſupreme commandement of the King of Kings. AndAngl. Conf. art. 37. Sed eam tantum Prerogativam aequam in ſacris Scripturis à Deo ipſo omnibus piis Princibus ſemper fuiſſe tributam, hoc eſt, ut omnes ſtatus at que ordines fidei, ſive commlſſos, ſixe illi eccleſiaſtiei ſint, ſive civiles, in officio …ontineant, & …ontumaces ac delinquente… gladio civili …oerceant. we know accordingly, Proteſtants of that Church have taken defenſive armes againſt their King. But our P. Prelate can ſay, The Confeſſions of Scotland, Helvetia, France, and all the Reformed Churches, are Jeſuiticall: when as it was the doctrine of the Waldenſes, Proteſtants, and Luther, Calvin and others, while as there was no Ieſuite on earth.

The 37. Art. of the Church of Englands Confeſſion, is ſo far from erecting an abſolute power in the King, that they expreſly bring down the Royall Prerogative from the high ſeat and tranſcendent ſuperlative power above the Law; and expone the Prerogative to be nothing but meere Law-power. We only (ſay they) aſcribe that Prerogative to the King, which the Scripture doth aſcribe to all Godly Princes, that is, that they cauſe all committed to their truſt, whether Eccleſiaſticall or Civill perſons, doe their duty; and puniſh with the Civill ſword, all diſobedient offenders. In ſyntag. Confeſſ. And this they ſay in anſwer to ſome, who beleeved, the Church of England made the King the Head of the Church. The Prelates Convocation muſt be Ieſuites to this P. P. alſo.

p. 445So the 36. Article of the Belgick Confeſſion, ſaith of all Magiſtrates, no leſſe then of a King, (We know, for Tyrannie of Soule and Body, they juſtly revolted from their King.) Idcirco Magiſtratus ipſos gladio armavit, ut malos quidem plectant paenis, probos vero tueantur. Horum porro eſt, non modo de Civili politia conſervanda eſſe ſolioit…s, verum etiam dare operam ut ſacrum Miniſterium conſervetur, omnis Idololatria & adulterinus Dei cultus è medio tollatur, regnum Antichriſti diruatur, &c. Then all Magiſtrates, though inferiour, muſt doe their duty, that the Law of God hath laid on them, though the King forbid them. But by the Belgick Confeſſion, and the Scripture, it is their duty to relieve the oppreſſed, to uſe the ſword againſt murthering Papiſts, and Iriſh Rebels, and deſtroying Cavaliers. For, ſhall it be a good plea in the day of Chriſt, to ſay, Lord Ieſus, we would have uſed thy ſword againſt bloody Murtherers, if thy Anoynted, the King, had not commanded us to obey a mortall King rather than the King of ages; and to execute no judgement for the oppreſſed, becauſe he judged them faithfull Catholike ſubjects. Let all Oxford, and Cavalier Doctors in the three Kingdomes, ſatisfie the conſciences of men in this, that inferior Iudges are to obey a Diviue Law, with a proviſo, that the King command them ſo to doe; and otherwiſe they are to obey Men rather then God. This is evidently holden forth in the Argentine Confeſſion, exhibited by foure Cities to the Emperour Charles the Fifth, An. M. D. XXX. in the ſame very cauſe of innocent Defence, that we are now in, in the three Kingdomes of Scotland, England, and Ireland.

The Saxonick Confeſſion, exhibited to the Councell of Trent, An. M. D. LI. art. 23▪ maketh the Magiſtrates office eſſentially to conſiſt in keeping of the two Tables of Gods Law: and ſo what can follow hence, but in ſo far as he defendeth Murtherers: or if he be a King, and ſhall with the ſword, or Armies, impede inferior Magiſtrates (for the Confeſſion ſpeaketh of all) to defend Gods law, and true Religion, againſt Papiſts, Murtherers, and bloody Cavaliers; and hinder them to execute the judgement of the Lord againſt evill doers: He is not, in that, a Magiſtrate; and the denying of obedience active or paſſive to him, in that, is no reſiſtance to the Ordinance of God: but by the contrary, the King himſelfe muſt reſiſt the ordinance of God.

The Confeſſion of Bohemia is clear, art. 16. Qui publico munere magiſtratu que funguntur, quemcun que gradū teneant, ſe non ſuum, ſed Dei p. 446opus agere ſciant. Hence all inferior, or the ſupreme Magiſtrate, what ever be their place, they doe not their own work, nor the work of the King, but the work of God, in the uſe of the ſword, Ergo, they are to uſe the ſword againſt bloody Cavaliers, as doing Gods worke: ſuppoſe the King ſhould forbid them to doe Gods worke. And it ſaith of all Magiſtrates: Sunt autem Magiſtratuum partes ac munus, omnibus ex aequo jus dicere, in communem omnium uſum, ſine perſonarum acceptatione, pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinoroſis, hanc inter turbantibus poenas ſumere, alioſ que omnes ab eorum vi & injuria vindicare. Now this Confeſſion was the faith of the Barons and Nobles of Bohemia, who were Magiſtrates, and exhibited to the Emperor, An. 1535. in the cauſe not unlike unto ours now: and the Emperor was their Soveraigne: yet they profeſſe they are obliged in conſcience to defend all under them from all violence and injuries, that the Emperor, or any other could bring on them; and that this is their office before God, which they are obliged to performe as a worke of God: and the Chriſtian Magiſtrate is not to doe that worke, which is not his own, but Gods, upon condition that the King ſhall not inhibite him. What if the King ſhall inhibite Parliaments, Princes and Rulers, to relieve the oppreſſed, to defend the Orphan, the Widow, the Stranger, from unjuſt violence? Shall they obey man rather than God?

To ſay no more of this: Prelates, in Scotland, did what they could to hinder his Majeſtie to indict a Parliament. 2. When it was indicted, to have its freedome deſtroyed by prelimitations. 3. When it was ſitting, their care was to divide, impede, and anull the courſe of Iuſtice. 4. All in the P. Prelates booke tendeth to aboliſh Parliaments, and to enervate their power. 5. There were many wayes uſed to break up Parliaments in England; And to command Iudges not to judge at all, but to interrupt the courſe of Iuſtice, is all one as to command unrighteous judgement, Ier. 22. v. 3. 6. Many wayes have been uſed by Cavaliers, to cut off Parliaments, and the preſent Parliament in England.

The paper found in William Lauds Studie, touching feares andW. Laud and other Prelates enemies to Parliaments. hopes of the Parliament of England, evidenceth that Cavaliers hate the Supreme ſeat of Iuſtice, and would it were not in the World; which is the higheſt rebellion and reſiſtance made againſt ſuperior Powers.

1. He feareth, this Parliament ſhall begin where the laſt left.

p. 447Anſ. What ever ungrate Courtier had hand in the death of King Iames, deſerved to come under Tryall.

2. He feareth they ſacrifice ſome man.

Anſ. If Parliaments have not power to cut off Rebels, and corrupt Iudges, the root of their being is undone. 2. If they be lawfull Courts, none needeth feare them, but the guilty.

3. He feareth their Conſultations be long, and the ſupply muſt be preſent.

Anſ. Then Cavaliers intend Parliaments for Subſidies to the King, to foment, and promote the warre againſt Scotland, not for Iuſtice. 2. He that feareth long and ſerious conſultations, to rip up and launce the wounds of Church and State, is affraid that the wounds be cured.

4. He feareth they deny Subſidies, which are due by the Law of God, Nature, and Nations, whereas Parliaments have but their deliberation and conſent for the manner of giving, otherwiſe this is to ſell Subſidies, not to give them.

Anſ. Tribute, and the ſtanding Revenues of the King, are due by the Law of God and Nations; but Subſidies are occaſionall Rents, given upon occaſion of Warre, or ſome extraordinary neceſſity; and they are not given to the King as Tribute, and ſtanding Revenues, which the King may beſtow for his Houſe, Family, and Royall Honour, but they are given by the Kingdome, rather to the Kingdome, then to the King for the preſent warre, or ſome other neceſſity of the Kingdome, and therefore are not due to the King as King, by any Law of Nature or Nations, and ſo ſhould not be given but by deliberation and judiciall ſentence of the States; and they are not ſold to the King, but given out by the Kingdome, by Statute of Parliament, to be beſtowed on the Kingdome, and the King ſhould ſell no Acts of Juſtice for Subſidies.

5. He dare not ſpeake of the conſequences, if the King grant Bills of Grace, and part with the flowers of the Crowne. Anſ. He dare not ſay, The people ſhall vindicate their liberty by ſelling Subſidies, to buy branches of the Prerogative Royall, and diminiſhing the Kings fancied abſoluteneſſe: ſo would Prelates have the King abſolute, that they may ride over the ſoules, purſes, perſons, eſtates, and Religion of men upon the horſe of pretended abſoluteneſſe.

6. He feareth the Parliament ſall upon Church buſineſſe; but 1. The Church is too weake already▪ if it had more power, the King p. 448might have more, both obedience and ſervice. 2. The Houſes can be no competent Iudges in point of Doctrine. 3. For the King, Clergy, and Convocation are Iudges in all cauſes Eccleſiaſticall.

Anſ. 1. This ſtriketh at the root of all Parliamentary power, 1. The P. P. giveth them but a poore deliberative power in Subſides, and that is, to make the Kings Will a Law, in taking all the ſubjects goods from them, to foment warre againſt the ſubjects. 2. He taketh all juriſdiction from them over Perſons, though they were as black Traitors as breathe. 3. And ſpoileth them of all power in Church matters, to make all Iudges, yea and the King himſelfe yield blind obedience to the Pope and Prelate, and their illuminated Clergie. Sure I am, P. Maxwell imputeth this, but moſt unjuſtly, to Presbyteries. What eſſentiall and fundamentall priviledges are left to Parliaments? David, and the Parliament of Iſrael are impertinent Iudges in the matter of bringing home the Ark of God. And for the Churches weakneſſe, that is, the weakneſſe of the damned Prelates, ſhall this be the Kings weakneſſe? Yes, the P. P. muſt make it true, No Biſhop, no King.

7. He feareth, factious spirits will take heart to themſelves, if the King yield to them without any ſubmiſſion of theirs.

Anſ. The Princes and Iudges of the Land are a company of factious men, and ſo no Parliament, no Court, but at beſt ſome good adviſers of a King to breake up the Parliament, becauſe they refuſe Subſidies, that he may by a lawleſſe way extort Subſidies.

8. He deſireth the Parliament may ſit a ſhort time, that they may not well underſtand one another.

Anſ. He loveth ſhort, or no juſtice from the Parliament, he feareth they reforme Gods houſe, and execute juſtice on men like himſelfe. But I returne to the Scotiſh Parliament.

Aſſert. 2. The Parliament is to regulate the power of the King. The Parliaments of Scotland doe regulate, limit, and ſet bounds to the Kings power.The heritable Sheriffes complaine, that the King granteth Commiſſions to others, in caſes perteining to their office. Whereupon, the Eſtates, Par. 6. K. Iam. 5. Act. 82. diſchargeth all ſuch Commiſſions, as alſo appointeth that all Murtherers be judged by the Iuſtice generall only. And in ſeverall Acts the King is inhibited to grant pardons to malefactors. K. Ia. 6. Act. 75. P. 11.

It is to be conſidered, that King Iames in his Baſlicon Doron, layeth down an unſound ground, that Fergus the firſt father of 107 Kings of Scotland, conquered this Kingdom. The contrary whereof p. 449is aſſerted by Fordome, Major, Boethius, Buchannan, Hollanſhed; who run all upon this Principle, That the Eſtates of the Kingdome did 1. Chooſe a Monarchie, and freely, and no other Government. 2. That they freely elected Fergus to be their King. 3. King Fergus Fergus the firſt King of Scotland no Conquerour, but a freely elected Prince. A fundamentall Law of elective Kings in Scotland.frequently conveened the Parliament, called, Inſulanorum Duces, Tribuum Rectores, Majorum conſeſſus, Conventus Ordinum, conventus Statuum, Communitatum Regni, Phylarchi, Primores, Principes, patres, and as Hollanſhed ſaith, they made Fergus King, therefore a Parliament muſt be before the King; yea and after the death of King Fergus, Philarchi coeunt conci…ne advocatâ, the Eſtates convened without any King, and made that fundamentall Law Regni electivi, That when the Kings Children were minores, any of the Ferguſian Race might be choſen to Reigne: and this indured to the daies of Kennethus: and Redotha, Re…. 7. reſigneth and maketh over theThe Parliaments of Scotland choſed Kings. Government into the hands of the Parliament, and Philarchi & Tribuum Gubernatores ordained Therius the 8. King. Buchanan, l. 4. Rer. Scot. calleth him Reutha, and ſaid he did this, Populo egrè permittente, then the Royall Power recurred to the fountaine. Therius the 8. a wicked man, filled the Kingdome with Roberies fearing that the Parliament ſhould puniſh him, fled to the Britaines, and thereupon the Parliament chooſe Connanus to be Protex, and protector of the Kingdome.

Finnanus R. 10. Decreed; Ne quid Reges, quod majoris eſſet momenti, niſi de publici conſilii authoritate juberent, & ne domeſtico conſilio remp. adminiſtrarent, regia publicaque negotia non ſine patrum conſultatione ductu que tractarentur, nec bellum pacem aut faedera reges per ſe patrum, Tribuumve, Rectorum injuſſu facerent, demerentue. Then it is cleare, that Parliaments were conſortes imperii, and had Authority with, and above the King. When a Law is made that the Kings ſhould doe nothing, Injuſſu rectorum tribuum, without commandement of the Parliament, a Cabinet Counſell was not lawfull to the Kings of Scotland. So Durſtus Rex XI. ſweareth to the Parliament, Se nihil niſi de primorum conſilio acturum. That he ſhall doe nothing but by counſell of the Rulers and Heads of the Kingdome.

The Parliament rejecting the lawfull ſonne of Corbredus the 20, King, becauſe he was young, created Dardanus the ſonne of Metellanus King, which is a great argument of the power of the Scottiſh Parliament of old for elective, rather then hereditary Kings.

p. 450Corbredus ſecundus, called Galdus, the 21, King, at his CoronationThe Oath of Galdus the 21. King of Scotland. renouncing all negative voices, did ſweare, Se majorum conſiliis acquieturum, That he ſhould be ruled by the Parliament; and it is ſaid, Leges quaſdam tollere non potuit, adverſante multitudine.

Lactatus R. 22. is cenſured by a Parliament, Quod ſpreto majorum Kings of Scotland cenſured and puniſhed by the Parliament.conſilio, He appointed baſe men to publick Offices.

Mogaldus R. 23. Ad conſilia ſeniorum omnia ex priſco more rev… cavit, did all by the Parliament, as the ancient cuſtome was.

Conarus 24. K. was caſt in Priſon by the Parliament, Quod non expectato decreto patrum, quod ſummae erat poteſtatis, privatis conſiliis adminiſtraſſet, Becauſe he did the weightieſt buſineſſe that concerned the Kingdome, by private advice, without the judiciall Ordinance of Parliament, that was of greateſt authority. Where is the negative voice of the King here?

Ethodius 2. the ſonne of Ethodius the 1. the 28. King. (The Parliament paſſing by his ſon of the firſt Bed, becauſe he was a child, hadKings of Scotland of old had no negative voyce. created Satrael his Brother King before) a ſimple ignorant man, yet for reverence to the race of Fergus, kept the name of a King, but the Eſtates appointed Tutors to him, he was the 28. King.

Nathalocus the 30. K. corrupting the Nobles with buds and faire promiſes, obtained the Crowne.

Romachus, Fethelmachus, and Anguſianus, or as Buchanan calleth him Aenneannus, contended for the Crowne, the Parliament convened to judge the matter, was diſſolved by tumult, and Rommachus choſen King, doing all, Non adhibito, de more, conſilio majorum, was cenſured by the Parliament.

Fergus the 2. was created King by the States, De more.

Conſtantine 43. K. a moſt wicked man, was puniſhed by the States.

Aidanus 49. K. by the counſell of Sanctus Columba, governed all in peace, by three Parliaments every yeare.

Ferchardus 52. K. and Ferchardus 2. the 54. King, were both cenſured by Parliaments.

Eugenius 62. K. a wicked Prince, was put to death by the Parliament, Omnibus in ejus exitium, conſentientibus.

Eugenius 7. the 59. K. was judicially accuſed, and abſolved by the States, of killing his Wife Spondana.

Donaldus the 70. K. is cenſured by a Parliament which convened p. 451Pro ſalute Reipublicae, for the good of the Land. So Ethus the 72. K. Ne unius culpâ, regnum periret.

Gregorius the 73. K. ſweareth to maintaine Kirk and State in their liberties; the Oath is ordained to be ſworne by all Kings at their Coronation.

The Eſtates complaine of Duffus 78. K. becauſe contemning the counſell of the Nobles, Sacrificulorum conſiliis abduceretur, and that neither the Nobility muſt depart the Kingdome, or another King muſt be made.

Culenus the 79. King, was ſummoned before the Eſtates, ſo before him Conſtantine the 3. the 75. K. did by Oath reſigne the Kingdome to the States, and entered in a Monaſtery at Saint Andrewes.

Kenethus the 70. K. procured almoſt, per vim, ſaith Buchanan, Buchan Rer. Scot. l. 7.that the Parliament ſhould change the elective Kings in hereditary; obſerve the Power of Parliaments.

After this Grimus, and then Macbethus, R. 85. is rebuked forCoronation Oath. governing by private counſell, in his time the King is ordained by the States, to ſweare to maintaine the community of the Kingdome.

When Maccolumbus the 92. King would have admitted a Treaty to the hurt of the Kingdome; the Nobles ſaid, Non jus eſſe Regi, the King had no right to take any thing from the Kingdome, Niſi omnibus Ordinibus conſentientibus. In the time of Alexander the 94. K. is ordained, Acta regis oporteri confirmari decreto ordinum regni, quia ordinibus regni non conſultis, aut adverſantibus, nihil quod ad totius regniſtatum attinet, Regi agere liceret. So all our Hiſtorians obſerve, by which it is cleare, that the Parliament, not the King hath a negative voyce.

The States anſwer to K. Edwards Legates concerning Balzees conditions in his conteſt with Bruce is, That theſe conditions were made a ſolo Rege, by the King only, without the eſtates of the Kingdome, and therefore they did not oblige the Kingdome.

In Robert the Bruce his Raigne, the K. 97. the ſucceſſion to theParliaments of Scotland by Law are to decide who ſhould raigne. Crowne is appointed by Act of Parliament, and twice changed; and in the League with France, Quod quando de ſucceſſuro rege ambigeretur apud Scotos, ea controverſia ab Ordinum de creto decideretur.

Robert the 100. K. in a Parliament at Scoone moved the States, p. 452to appoint the Earle of Carick his eldeſt ſonne, of the ſecond Mariage to the Crowne, paſſing his children of the firſt Mariage; and when he would have made a Treatie, he was told, That he could not inducias facere niſi ex ſententia conventus publici; he could not make Truces but with the conſent of the Eſtates of Parliament.

K. James the 1. could not doe any thing in his Oath in England. The Parliaments approbation of the Battell at Stirling againſt King Iames the 3. is ſet downe in the printed Acts, becauſe he had not the conſent of the States.

To come to our firſt Reformation, Queene Regent breaking her promiſe to the States, ſaid, Faith of promiſe ſhould not be ſought from Princes; the States anſwered, That they then were not obliged to obey, and ſuſpended her government as inconſiſtent with the duty of Princes, by the Articles of pacification at Leith, Anno 1560. Iunii 16. No peace or warre can be without the States.

In the Parliament thereafter, Anno 1560. the Nobility ſay frequently to the Queene, Regum Scotorum limitatum eſſe imperium, nec unquam adunius libidinem, ſed ad legum praeſcriptum & nobilitatis conſenſum regiſolitum.

So it is declared, Parliament at Stirling, 1578. and Parl. 1567, concerning Queene Mary, I need not inſiſt here. K. James the 6. Anno 1567. Iul. 21. was Crowned, the Earle of Morton and Humne, jurarunt pro co, & ejus nomine, in leges, eum doctrinam & ritus religionis, quae tum docebantur, publice quoad poſſet, ſervaturum, & contrarios oppugnaturum. Buch. Rer. Scot. Hiſt. l. 18. The three Eſtates revoke all alienations made by the King without conſent of the Parliament. Parliam. K. Iames, 2. cap. 2. K. Iames, 4, 5, 6.

Three Parliaments of K. Iames the 2. are holden without any mention of the King, as Anno 1437. Anno 1438. Anno 1440. and the 5. and 6. Act of Parl. 1440. the Eſtates ordaine the King to doe ſuch and ſuch things, to ride through the country for doing of Iuſtice. And Parl. 1. K. Iames 1. Act. 23. the Eſtates ordained the King to mend his money. But ſhew any Parliament where ever the King doth preſcribe Lawes to the States, or cenſure the States.

In the 1. Parl. of K. Iames the 6. the Confeſſion of Faith being ratified, in Acts made by the three Eſtates, that the Kings muſt ſweare at their Coronation. In the preſence of the eternall God, that they ſhall maintaine the true Religion, right Preaching, and adminiſtration p. 453of the Sacraments now received and preached within this Realme: and ſhall aboliſh and gain-ſtand all falſe Religions contrary to the ſame: and ſhall rule the people committed to their charge, according to the will of God, laudable Lawes and Conſtitutions of the Realme, &c.

The 1. Parl. of K. Iames the 6. 1567. approveth the Acts, Parl. 1560. conceived only in name of the States, without the King and Queen, who had deſerted the ſame. So ſaith the Act, 2. 5. 4. 20. 28. And ſo this Parliament, wanting the King and Queenes authoritie, is confirmed, Parl. 1572. Act. 51. K. Ia. 6. and Parl. 1581. Act. 1. and Parl. 1581. Act. 115. in which it is declared, That they have been Common lawes from their firſt Date: and all are ratified, Parl. 1587. and Parl. 1592. Act. 1. and ſtand ratified to this day, by K. Charles his Parliament, An. 1633. The Act of the Aſſemblie, 1566. commendeth that Parliament, 1560. as the moſt lawfull and free Parliament that ever was in the Kingdome.

Yea, even Parl. 1641. King Charles himſelfe being preſent, an Act was paſſed upon the occaſion of the Kings illegall impriſoning of the Laird of Langtoune, That the King hath no power to impriſon any Member of the Parliament, without conſent of the Parliament: Which Act, to the great prejudice of the libertie of the Subject, ſhould not have been left unprinted: for, by what Law the King may impriſon one Member of the Parliament, by that ſame reaſon he may impriſon two, and twenty, and a hundreth: and ſo may he clap up the whole Free Eſtates; and where ſhall then the higheſt Court of the Kingdome be?

All Polititians ſay, The King is a limited Prince, not abſolute; where the King giveth out Lawes, not in his own name, but in the name of himſelfe, and the Eſtates judicially conveened.

Pag. 33. of the old Acts of Parliament, Members are ſummoned to treat and conclude.

The duty of Parliaments, and their power, according to the Laws of Scotland, may be ſeen in the Hiſtorie of Knox, now printed at London, An. 1643. in the Nobles proceeding with the Queen, who killed her Husband, and maried Bodwell, and was arraigned in Parliament, and by a great part condemned to death, by many, to perpetuall impriſonment.

King Charles received not Crown, Sword, and Scepter, while firſt he did ſweare the Oath, that King Iames his Father did ſweare. p. 4542. He was not crowned, till one of every one of the three Eſtates came and offered to him the Crown. 3. With an expreſſe condition of his duty, before he be crowned.

After, King Charles ſaid, I will by Gods aſſiſtance beſtow my life for your defence, wiſhing to live no longer, then that I may ſee this Kingdome flouriſh in happineſſe. Thereafter the King ſhewing himſelfe on a Stage to the people, the P. Archbiſhop ſaid; Sir, I doe preſent unto you, King Charles, the right deſcended inheritor, the Crown, and dignitie of this Realme; appointed by the Peeres of the Kingdome: And, Are ye not willing to have him for your King, and become ſubject to him? The King turning himſelfe on the ſtage, to be ſeen of the People, They declare their willingneſſe, by crying, God ſave King Charles! Let the King live!