Treatise of Civil Policy, Treatise · Question 19
QUEST. 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 beingIn what conſiderations the King is wo… thier then the people, and the people worthier then the King. many repreſentations of God and his Image, 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, …e 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 Royalty, which they have not formally.
3. A meane or medium, as it is ſuch, is leſſe then the end, thoughA meane as a meane inferiour to the end. the thing materially that is a meane, 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.
5. But ſimply and abſolutely the people is above, and more excellentA King inferiour to the people. Argum. 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, 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, the Miniſter of God for their good, Rom. 13. 4. 2. The PilotArgum. 2. 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. 3. A ChriſtianArgum. 3. 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,Argum. 4. nor the choſen and called of God, 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 of 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, and if heArgum. 5. The Church b…cauſe the Church of more worth then the King becauſe King. ſlay great Kings for their ſake, as Pharaoh King of Aegypt, 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 Pharoah 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 ofArgum. 6. the people, to be Nurſe-fathers to them; 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, yea whichArgum. 7. 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 Eccleſ. 1. 4. one generation paſſeth away, and another generation People in the ſpece immortall, King not ſo.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 ſhouldIf ſinne had never been, there ſhould have been no need of Kings. neceſſarily have been in the world, 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 toArg. 8. The King is to expend his life for the people, and ſo inferior to them. give his life for the ſafety of the people, he muſt be inferior to the people. 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 King 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, becauſeA meane is conſidered reduplicatively and formally as a meane, and materially, as thething 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. he is a ranſome, a meane, a gift; are not concludent. I anſwer: 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, (in which conſideration he was the immortallA meane may be conſidered as a meane only, and as more then a meane. 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 a King, muſt be of more worth then that which is poſteriour,The people may be with out the King, but not the King without the people. 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.
2. Aſſer. The people in power are ſuperiour to the King, 1. becauſe10. Argum. 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 createthThe people wortheir as the …t…ſtituent cauſe then the King, who is the effect. a King, doth alſo, by them, as by his inſtruments create a King, and that God doth not immediatly, at the naked preſence of the act of popular election, conferre Royall dignity on the man, without any action of the people, as they ſay by the Churches act of conferring Orders, God doth immediatly without any act of the Church, infuſe from Heaven ſupernaturall habilities on the man, without any active influence of the Church, is evident by this, 1. The RoyallArgum. 1. 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 acts 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 bindArgum. 2. Royall power in elected Kings, ergo they have in them Royall power to give to the King; thoſe who limit power, can take away ſo many degrees of Royall power, and thoſe who can take away power, can give power; and it is unconceiveable, to ſay that peopleVnpoſſible that people can limit Royall power, but they muſt give Royall power. can put reſtraint upon a power immediatly comming from God, if Chriſt immediatly infuſe an Apoſtolick ſpirit in Paul, mortall men cannot take from him any degrees of that infuſed ſpirit; if Chriſt infuſe a ſpirit of nine degrees, the Church cannot limit it to ſix degrees only; but Royaliſts conſent that the people may chooſe a King, upon ſuch conditions to raigne, as he hath Royall power of ten degrees, whereas his Anceſter had by birth a power of foureteen degrees. 3. It is not intelligible that the Holy Ghoſt ſhould give CommandementArgum. 3. to the people to make ſuch a man King, Deut. 17. 15, 16. and forbid them to make ſuch a man King, if the people had no active influence in making a King at all, but God ſolely and immediately from Heaven did infuſe Royalty in the King without any action of the people, ſave a naked conſent only, and that after God had made the King, they ſhould approve only with an after-act of naked approbation. 4. If the people by other Governours, as by heads of families,Argum. 4. and other choiſe men, governe themſelves, and produce theſe ſame formall effects of Peace, Juſtice, Religion, on themſelves, which the King doth produce, then is there a power of the ſame kind, and as excellent as the Royall power in the people, and no reaſon, but this power ſhould be holden to come immediatly from God, as the Royall Power, for it is every way of the ſame nature and kind, and as I ſhall prove, Kings and Iudges differ not in nature and ſpece, but it is experienced that people doe, by Ariſtocraticall guides, governe themſelves, &c. ſo then, if God immediatly infuſe Royalty, when the people chooſeth a King, without any action of the people, then muſt God immediatly infuſe a beame of governing on a Provoſt and a Bailiffe, when the people chooſe ſuch, and that without any action of the people, becauſe all Powers are, in abſtracto, from God, Rom. 13. 2. and God as immediatly maketh inferiour Iudges, as ſuperiour, Prov. 8. 16. and all promotion, even to be a Provost or Major, commeth from God only, as to be a King, except Royaliſts ſay, all promotion commeth from the Eaſt, and from the Weſt, and not from God, except promotion to the Royall Throne, the contrary whereof is ſaid, Pſ. 75. 6, 7. 1 Sam. 2. 7, 8. not only Kings, but all Judges are Gods, Pſ. 82. 1, 2. and therefore all muſt be the ſame way created and moulded of God, except by Scripture Royaliſts can ſhew us a difference. An Engliſh Prelate givethExcept. 2. Ioan. Roſſenſ. De poteſt. pap. l. 2. c. 5. Reaſons, why People, who are ſaid to make Kings as efficients, and Authors, cannot unmake them: the one is, becauſe God as chief and ſole ſupreame Moderator maketh Kings, but I ſay, Chriſt as the chiefe Moderator, and head of the Church, doth immediatly conferre abilities to a man to be a Preacher, and though by induſtry the man acquire abilities, yet in regard the Church doth not ſo much as inſtrumentally conferre thoſe abilities, they may be ſaid to come from God immediatly, in relation to the Church, who calleth the man to the miniſtery, yea Royaliſts, as our excommunicated Prelate learnedThough God immediately create Kings without the people, yet can the people unmake Kings. 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, thoughThough 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. his character goe to priſon with him: we ſeeke no more but to anull the reaſon. God immediatly maketh Kings and Paſtors, ergo no power on earth can unmake them; this conſequence is as weake as water. 2. The other cauſe is, becauſe God hath erected no Tribunall on earth higher then the Kings Tribunall, ergo no power on earth can unmake a King; the Antecedent and conſequence is both denyed, and is a begging of the queſtion: for the Tribunall that made the King is above the King. 2. Though there be no Tribunall formally regall and Kingly above the King, yet is there a Tribunall vertuall eminently above him in the caſe of tyranny, for the States and Princes have a Tribunall above him.
3. To this the conſtituent cauſe is of more power and dignity thenExcept. 3. …. ſanc. Majeſ. c. 9. p. 98. 99 Arniſ…us De authorit. princip. cap. 1. …. 1. the effect, and ſo the people is above the King. The P. Prelate borrowed an anſwer from Arniſaeus, and Barclay, and other Royaliſts, and ſaith, If we knew any thing in Law, or were ruled by reaſon; Every conſtituent (ſaith Arniſaeus and Barclay more accurately then the P. Prelate had a head to tranſcribe their words) where the conſtituent hath reſigned all his power in the hand of the Prince whom he 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 as 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 doe 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 of ten or twenty, their King, and to advance one from a private ſtateThe people putting a King above themſelves, retaine the fountainpower, and ſo are ſuperior to the King. 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 particip…tus & 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, for 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, which they communicate by ſucceſſion to this orUlpian l. 1. ad Sc. Tupil. Populus omne ſuum imperium & poteſtàtene confert in Regem. Bartolus ad l. hoſtes 24. f. de capt. & hoſt. that mortall man, in the manner and meaſure that they thinke good: And Ʋlpian 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 ſlie: 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 h… 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, The end is worthier then the meane leadingArniſ. c. 3. n. 10. 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 more 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, hath all his officiall and relative goodneſſe in the world, The King, as King, a meane and inferior to the people.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, as one God, the multiplication maketh themThe King both as a man, and as a King inferior to the people. 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 ſheep 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 may 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 thenExcept. 4. Sacr. ſanct. maj. c. 9. p. 98. the effect conſtituted, where the conſtitution is voluntary, and dependeth upon the free act of the will, as when the King maketh a Vice-Roy or a Judge, 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 theirObſerve 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 ſelfmurther, all one. 5 Reply. Sac. ſanct. maj. c. 9. p. 129. ſtollen from Barclaius, l. 5. c. 12. King, and retract and take back what they have once given.
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, 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 Statutes 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 from God, if they be juſt acts,The people cannot make away their power to the King irrevocably they are to obey them, and cannot retract Commiſſions to make juſt Orders. Illud tantum poſſumus quod jure poſſumus, and therefore as power to governe juſtly is irrevocably committed by the three eſtates 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 juſt 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; and if the Knights and Burgeſſes of theThe people may reſume the power they gave to Commiſſioners of Parliament, when they abuſe that power. 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 meaningBuchanan not underſtood by the P. P. is only that which Lawyers and Schoole-men both ſay, Leges non promulgatae non habent vim legis actu completo obligatoriae, Lawes not promulgated doe not oblige the ſubject while they be promulgated, but 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 preparatoryTables lawfull when the ſecret Counſell is corrupted, and Parliaments are denyed. 6 Rep. Barc. l. 4. conc. Monarcho. c. 11 pag. 27. notions. And it was no wonder, 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, 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,7. Rep. Saer. ſanc. Mai. c. 13. p. 130. ſtolen out of Arniſaeus de jure Majeſt. cap. 3. n. …. pag. 34. Quod efficit tale, eſt magis tale. 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 b…ve 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 holderh not; for the effect may exhauſt the vertue of the cauſe, but the people doth, as the fountaine,Quod ofſicit …ale, &c. holdeth when the agent maketh not away all its vertue by alicnation. 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 efſicit tale, id ipſum8. Rep. Sacr. ſanc. Mai. pag. 131. eſt magis tale. That which maketh another ſuch, it is it ſelfe more ſuch. It is true, De principio formali effectivo (as I learned in the Ʋniverſity) 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, he wrongeth the Univerſity, he rather learned it while he kept thePropter quod unumquod que &c. not underſtood by the P. P. Calves of Craile, the wall is white from whiteneſſe, 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 thu…: 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 Fountainepower 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 Fountaiue 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 The King hath Soveraignty by loane and i… truſt.Regni, non proprietarius, 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 ex eo quodnon poſſet alienare imperium, oppida, urbes, regionésve, velres ſubditorum, bon…ve 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 prejudtcium 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 Soveraigntie how in the Communitie, how not.in the Communitie (ſaith the P. Prelate.) 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; originallp 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 aud 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. So the King is not an in inferiour Iudge: What? ergo, Power of life and death, how in the Communitie.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 reſpect 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 a…e 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 in 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;Sacr. ſanc. maj. c. 4. p. 43. and the manner of their propagation is by filiation, by adoption, ſonnes of the moſt high, and Gods firſt borne. Now the firſt borne is not above every brother ſeverally: but if there were thouſands, millions, numberleſſe 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.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. 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.