Treatise of Civil Policy, Treatise · Question 25
QUEST. XXV. What force the Supreme Law hath over the King▪ even that Law of the Peoples ſafetie, called, Salus Populi.
THe Law of the 12. Tables, is, Salus populi, Suprema lex. The ſafetie of the People is the ſupreme and Cardinall law, to which all Lawes are to ſtoope. And that from theſe Reaſons:
1. Originally: Becauſe, if the People be the firſt Author, Fountaine,Reaſons why the Peoples ſafetie, is the Soveraignes Law. and Efficient, under God, of Law and King, then their own ſafetie muſt be principally ſought, and their ſafetie muſt be farre above the King, as the ſafetie of a Cauſe, eſpecially of an univerſall Cauſe, ſuch as is the People, muſt be more then the ſafetie of one, as Ariſtotle ſaith, l. 3. polit. alias l. 5. foreign. The part cannot be more excellent then the whole: nor the effect above the cauſe.
2. Finaliter. This Supreme law muſt ſtand; for if all Law, Policie, Magiſtrates and Power be referred to the peoples good, as the end, Rom. 13. 4. and to their quiet and peaceable life in godlineſſe and honeſtie: then muſt this Law ſtand, as of more worth then the King, as the end is of more worth then the meanes leading to the end; for the end is the meaſure and rule of the goodneſſe of the meane▪ and, finis ultimus in influxu eſt potentiſſimus. The King is good, becauſe he conduceth much for the ſafetie of the People; Ergo, the ſafetie of the people muſt be better.
3. By way of limitation: Becauſe no Law, in its letter, hath force, where the ſafetie of the Subject is in hazard: and if Law, or King be deſtructive to the people, they are to be aboliſhed. This is cleare in a Tyrant, or a wicked man.
4. In the deſires of the moſt holy: Moſes, a Prince, deſired for the ſafetie of Gods people; and rather then God ſhould deſtroy his people, that his name ſhould be razed out of the booke of life. And David ſaith, 1 Chron. 21. 17. Let thine hand, I pray thee, O Lord my God, be on me, und on my fathers houſe; but not on thy people, that they ſhould be plagued. This being a holy deſire of theſe two publickA good Prince is to poſtpon… his own ſafetie to the ſafetie of the people. Spirits, the object muſt be in it ſelfe true; and the ſafetie of God… people, and their happineſſe, muſt be of more worth then the ſalvation of Moſes, and the life of David, and his Fathers houſe.
The Prelate borroweth an anſwer to this, (for he hath none of Sac. ſane. Maj. c. 16. 159. Dr. Ferne, Conſcience not ſatisfied, Sec. … ▪ p. 28.his own) from D. Ferne. The ſafetie of the Subjects is the prime end of the conſtitution of Government: but it is not the ſole and adequate end of government in Monarchie; for that is the ſafetie of both King and People. And it beſeemeth the King to proportion his lawes for their good; and it becommeth the People to proportion all their obedience, actions and endeavours, for the ſafetie, honour, and happineſſe of the King. It's impoſſible the people can have ſafetie, when Soveraigntie is weakened.
Anſ. The Prelate would have the other halfe of the end, why a King is ſet over a People, to be the ſafetie and happineſſe of the King, as well as the ſafetie of the People. This is new Logick indeed,The King in his government is to ſeeke the ſafetie of the people, not himſelfe. that one and the ſame thing ſhould be the meane, and the end. The queſtion is, For what end is a King made ſo happy, as to be exalted King? The Prelate anſwereth; He is made happy, that he may be happy; and made a King, that he may be made a King. Now is the King, as King, to intend this halfe end? that is, Whether or no accepteth he the burden of ſetting his head and ſhoulders under the Crowne, for this end, that he may not only make the people happy, but alſo that he may make himſelfe rich and honorable above his brethren, and enrich himſelfe? I beleeve not: but that he feed the people of God. For if he intend himſelfe, and his own honour, it is the intention of the man who is King, and intentio operantis; but it is not the intention of the King, as the King, or intentio operis. The King, as a King, is formally and eſſentially the Miniſter of God for our good, Rom. 13. 4. 1 Tim. 2. 2. and cannot come under any notion as a King, but as a mean, not as an end, nor as that which he is, to ſeeke himſelfe. I conceive, God did forbid this, in the moulding of the firſt King, Deut. 17. 18, 19, 26. He is a miniſter by office, and one who receiveth honour and wages for this worke, that exofficio, he may feed his people. But the Prelate ſaith, the people are to intend his riches and honour. I cannot ſay but the people may intend to honour the King: but that is not the queſtion, whether the people be to referre the King and his government as a meane to honour the King? I conceive not. But that end which the people in obeying the King in being ruled by him, may intend, is, 1 Tim. 2. 2. That under him they may lead a quiet and a peaceable life, in all Godlineſſe and honeſtie. And Gods end in giving a King, is the good and ſafetie of his people.
P. Prelate. To reaſon from the one part and end of MonarchicallSac. ſanc. maj. …. 160. government, The ſafetie of the Subjects; to the deſtruction and weakning of the other part of the end of the power of Soveraigntîe, and the Royall prerogative: is a caption à diviſis. If the King be not happy, and inveſted with the full power of a Head, the Body cannot be well. By Anti-Monarchiſts; The people at the beginning were neceſſitated to commit themſelves, lives and fortunes to the government of a King, becauſe of themſelves they had not wiſedome and power enough to doe it: and therefore they enabled him with honour and power, without which he could not doe this, being aſſured that he could not chooſe but moſt earneſtly and carefully endeavour this end, to wit, his own, and the peoples happines. Ergo, the ſafetie of the people iſſueth from the ſafetie of the King, as the life of the naturall body from the ſoule. Weake Government is neare to Anarchie. Puritans will not ſay, Quovis modo eſſe, etiam poenale, is better then non eſſe: The Scripture ſaith the contrary; It were better for ſome never to have been borne, then to be. Tyranny is better then no Government.
Anſ. 1. He knowes not Sophiſmes of Logick, who calleth this Argument, à diviſis: for the Kings Honour is not the end of the Kings Government: He ſhould ſeeke the ſafetie of State and Church, not himſelf; Himſelfe is a private end, and a ſtep to Tyranny.
2. The Prelate lyeth, when he maketh us to reaſon from the ſafetie of the Subject to the deſtruction of the King. Ferne, Barclay, Grotius, taught the hungry Scholler to reaſon ſo. Where read he this? The People muſt be ſaved; That is the Supreme law: Ergo, deſtroy the King. The Devill and the Prelate both, ſhall not faſten this on us. But thus we reaſon: When the man who is the King, endeavoreth not the end of his Royall place, but, through bad counſell, the ſubverſion of Lawes, Religion, and bondage of the Kingdome; The free Eſtates are to joyne with him for that end of Safetie, according as God hath made them heads of Tribes, and Princes of the people: And if the King refuſe to joyne with them, and will not doe his dutie; I ſee not how they are in conſcience liberated, before God, from doing their part.
3. If the P. Prelate call reſiſting the King by lawfull defenſive wars, the deſtruction of the Head; He ſpeaketh with the mouth of one excommunicated, and delivered up to Sathan.
4. We endeavour nothing more then the ſafetie and happineſſe of the King, as King: but his happineſſe is not to ſuffer him to deſtroy his Subjects, ſubvert Religion, arme Papiſts, who have ſlaughtered above two hundred thouſand innocent Proteſtants, only for the profeſſion of that true Religion which the King hath ſworne to maintaine. Not to riſe in armes to helpe the King againſt theſe, were to gratifie him as a Man, but to be acceſſarie to his ſoules deſtruction, as a King.
5. That the Royall Prerogative is the end of a Monarchie ordained by God; neither Scripture, Law, nor Reaſon can admit.
6. The people are to intend the ſafetie of other Iudges, as well as the Kings. If Parliaments be deſtroyed, whoſe it is to make Lawes and Kings; the People can neither beſafe, free to ſerve Chriſt, nor happy.
7. It is a lie, that people were neceſſitated, at the beginning, to commit themſelves to a King: for we read of no King, while Nimrod aroſe: Fathers of families (who were not Kings) and others, did governe till then.
8. It was not want of wiſedome, (for in many, and in the people, there muſt be more wiſdome then in one man:) but rather corruption of nature, and reciprocation of injuries, that created Kings, and other Iudges.
9. The King ſhall better compaſſe his end, to wit, the ſafetie of the people, with limited power, (placent mediocria) and with other Iudges added to helpe him, Num. 11. 14, 16. Deut. 1. 12, 13, 14, 15. then to put in one mans hand abſolute power: for a ſinfull mans head cannot beare ſo much new wine, ſuch as exorbitant power is.
10. He is a baſe flatterer, who ſaith, The King cannot chooſe but earneſtly and carefully endeavour his own, and the peoples happineſſe: that is, the King is an Angel, and cannot ſinne, and decline from the duties of a King. Of the many Kings of Judah and Iſrael, how many choſe this? All the good Kings that have been, may be written in a gold ring.
11. The peoples ſafetie dependeth indeed on the King, as a King and a happy Governour; but the people ſhall never be fattened to eat the winde of an imaginarie Prerogative Royall.
12. Weake Government, that is, a King with a limited power, who hath more power about his head, nor within his head; is a ſtrong King, and farre from Anarchy.
13. I know not what he meaneth, but Arminius, his MaſtersIac. Armini. Declar. Remonſtrant. in ſuod. dordrac. way and words are here, for Arminians ſay, That being in the damned eternally tormented is no benefit, it were better they never had being, then to be eternally tormented; and this they ſay to the defiance of the Doctrine of eternall Reprobation, in which we teach, That though by accident, and becauſe of the Damned their abuſe of being and life, it were to them better not to be; as is ſaid of Iudas, yet ſimpliciter comparing being with non-being, and conſidering the eternity of miſerable being in relation to the abſolute liberty of the Former of all things, who maketh uſe of the ſinfull being of Clay-veſſells for the illuſtration of the glory of his Iuſtice and power, Rom. 9. 17, 22. 1 Pet. 2. 8. Iude v. 4. It is a cenſuring of God, and his unſearchable Wiſedome, and a condemning of the Almighty of cruelty (God avert blaſphemy of the unſpotted and holy Majeſty) who by Arminian grounds, keepeth the Damned in life, and being to be fuell eternally for Tophet, to declare the glory of his Iuſtice. But the Prelate behoved to goe out of his way to ſalute and gratifie, a proclaimed enemy of free Grace Arminius, and hence he would inferre, That the King wanting his Prerogative Royall, and fulneſſe of abſolute power to doe wickedly, is in a penall and miſerable condition, and that it were better for the King to be a Tyrant, with abſolute liberty to deſtroy, and ſave alive at his pleaſure, as is ſaid of a Tyrant, Dan. 5. v. 19. then to be no King at all. And here conſider a Principle of Royaliſts Court faith.
1. The King is no King, but a lame and miſerable Iudge, if heThe Royaliſts principles drive at this, to make none Kings but only rank Tyrants. have not irreſiſtable power to waſt and deſtroy.
2. The King cannot be happy, nor the people ſafe; nor can the King doe good in ſaving the needy, except he have the uncontrollable and unlimited power of a Tyrant, to cruſh the poore and needy, and lay waſt the mountaine of the Lords inheritance: ſuch Court-ravens, who feede upon the ſoules of living Kings, are more cruell then Ravens and Vultures, who are but dead carcaſſes.
Williams B. of Oſſarie anſwereth to the Maxime, Salus populi, &c. Vindix regum. pag 65.No wiſe King but will carefully provide for the peoples ſafety, becauſe his ſafety and honour is included in theirs, his deſtruction in theirs. And it is, ſaith Lipſius, egri animi proprium nihil diu pati. Abſolom perſwaded there was no juſtice in the Land, when he intendeth Rebellion. And the poore Prelate following him, ſpendeth pages to proveSac. ſanc. Mat. 16 pag. 161, 162, 163. that Goods, Life, Chaſtity and Fame dependeth on the ſafety of the King, as the breath of our noſtrills, our Nurſe-father, our Head, corner-ſtone, and Judge, c. 17. 6. 18. 1. The reaſon why all diſorder was in Church and State, was not becauſe there was no Iudge, no Government; none can be ſo ſtupid as to imagine that. But becauſe 1. They wanted the excellenteſt of Governments. 2. Becauſe Ariſtocracy was weakened ſo, as there was no right. No doubt Prieſts there were, but Hoſ. 4. either they would not ſerve, or were over-awed, no doubt in thoſe daies they had Iudges, but Prieſts and Iudges were ſtoned by a raſcally multitude, and they were not able to rule; therefore it is moſt conſonant to Scripture to ſay, Salus regis ſuprema populi ſalus. The ſafety of the King and his Prerogative Royall is the ſafeſt ſanctuary for the people. So Hoſ. 3. 4. Lament. 2. 9.
Anſ. 1. The queſtion is not of the Wiſedome, but of the Power of the King, if it ſhould be bounded by no Law.
2. The flatterer may know, there be more fooliſh Kings in the world then wiſe, and that Kings miſled with Idolatrous Queenes, and by name Achab ruined himſelfe, and his poſterity and Kingdome.
3. The ſalvation and happineſſe of men ſtanding in the exalting of Chriſts Throne and the Goſpell, ergo every King, and every man will exalt the Throne, and ſo let them have an incontrollable power without conſtraint of Law, to doe what they liſt, and let no bounds be ſet to Kings over ſubjects; by this Argument their owne wiſedome is a law to leade them to Heaven.
4. It is not Abſoloms mad Male-contents in Britane, but there were really no juſtice to Proteſtants, all indulgence to Papiſts, Popery, Arminianiſme, Idolatry printed, Preached, profeſſed, rewarded by Authority, Parliaments, and Church Aſſemblies, the Bulwarkes of Iuſtice and Religion were denyed, diſſolved, cruſhed, &c.
5. That by a King he underſtandeth a Monarch, Iudg. 17. and that ſuch a one, as Saul, of Abſolute power, and not a Iudge, cannot be proved, for there were no Kings in Iſrael in the Iudges daies, the Government not being changed till neare the end of Samuels Government.
6. And that they had no Iudges, he ſaith, It is not imaginable, but I rather beleeve God then the Prelate, Every one did what was right in his owne eyes, becauſe there was none to put ill doers to ſhame. Poſſible the Eſtates of Iſrael governed ſome way for meere neceſſity, but wanting a ſupreme Iudge which they ſhould have, they were looſe: but this was not becauſe where there is no King, as P. P. would inſinuate, there was no Government, as is cleare.
7. Of tempered and limited Monarchy, I thinke as honourably as the Prelate, but that abſolute and unlimited Monarchy is excellenter then Ariſtocracy, I ſhall then beleeve when Royaliſts ſhall prove ſuch a Government, in ſo farre it is abſolute, to be of God.
8. That Ariſtocracy was now weakened I beleeve not, ſeeing God ſo highly commendeth it, and calleth it his own reigning over his people, 1 Sam. 8. 7. The weakening of it through abuſe, is not to a purpoſe, more then the abuſe of Monarchy.
9. No doubt (ſaith he) Hoſ. 4. They were Prieſts and Iudges, Hoſ. 4. but they were over-awed as they are now. J thinke he would ſay, Hoſ. 3. 4. otherwiſe he citeth Scripture ſleeping. That the Prieſts of Antichriſt be not only over-awed, but out of the earth; I yeeld, that the King be limited, not over-awed, I thinke Gods Law, and mans Law alloweth.
10. The ſafety of the King as King, is not only ſafety, but a bleſſing to Church and State, and therefore this P. Prelate and his fellowes deſerve to be hanged before the Sun, who have led him on a warre to deſtroy him, and his Proteſtant ſubjects. But the ſafety and flouriſhing of a King in the exerciſes of an Arbitrary, unlimited power againſt Law, and Religion, and to the deſtruction of his ſubjects, is not the ſafety of the people, nor the ſafety of the Kings ſoule, which theſe men, if they be the Prieſts of the Lord, ſhould care for.
The Prelate commeth to refute the learned and worthy Obſervator.Sacr. ſan. Mai. pag. 165. The ſafety of the people is the ſupreme Law, ergo the King is bound in duty to promote all and every one of his ſubjects to all happineſſe. The Obſervator hath no ſuch inference, the King is bound to promote ſome of his ſubjects even as King, to a Gallowes, eſpecially Iriſh Rebells, and many bloudy Malignants. But the Prelate will needs have God rigorous (hallowed be his name) if it be ſo, for it is unpoſſible to the tendereſt-hearted father to doe ſo: actuall promotion of all is unpoſſible, that the King intend it of all his ſubjects, as good ſubjects, by a Throne eſtabliſhed on righteouſneſſe and judgement, is that which the worthy Obſervator meaneth; other things here are anſwered.
The ſumme of his ſecond anſwer is, a repetition of what he hath ſaid; I give my word in a Pamphlet of one hundred ninety and foure pages, I never ſaw more idle repetitions, of one thing twenty times before ſaid. But page one hundred ſixty and eight, he ſaith, The ſafety of the King and his ſubjects in the Morall notion may be eſteemed Morally the ſame, no leſſe then the ſoule and the body make one perſonall ſubſiſtence.
Anſ. This is ſtrange Logick, the King and his ſubjects are Ens por aggregationem; and the King as King hath one Morall ſubſiſtence, and the people another. Hath the Father and the ſonne, the Maſter and the ſervant one Morall ſubſiſtence? but the man ſpeaketh of their well being: and then he muſt meane that our Kings Government that was not long agoe, and is yet, to wit, the Popery, Arminianiſme, Idolatry, cutting of mens eares, and noſes, baniſhing, impriſonment, for ſpeaking againſt Popery, arming of Papiſts to ſlay Proteſtants, pardoning the bloud of Ireland, that I feare, ſhall not be ſoone taken away, &c. are identically the ſame with the life, ſafety, and happineſſe of Proteſtants, then life and death, juſtice and unjuſtice, Idolatry and ſincere worſhip are identically one, as the ſoule of the Prelate and his body are one.
The third is but a repitition. The Acts of Royaltie (ſaith the Obſervator)The ſubjects may gratifie the King for doing what he is obliged to doe by his office. are Acts of dutie and obligation; Ergo, not acts of grace properly ſo called. Ergo, We may not thank the King for a courteſie. This is no conſequence. What fathers do to children, are acts of naturall dutie, and of naturall grace; and yet children owe gratitude to parents, and ſubjects to good Kings, in a legall ſenſe. No, but in way of courteſie onelyonly. The Obſervator ſaid, The King is not a father to the whole collective body, and its well ſaid, he is ſon to them, and they his maker. Who made the King? Policy anſwereth, The State made him, and Divinitie: God made him.
4. The Obſervator ſaid well: The peoples weakneſſe is not theSac. ſacr. Mai. pag. 170. Kings ſtrength. The Prelate ſaith, Amen: He ſaid, That that periſheth not to the King, which is granted to the people. The Prelate denyeth. Becauſe, What the King hath in truſt from God, the King cannot make away to another, nor can any take it from him, without ſacriledge.
Anſw. True indeed, If the King had Royalty by immediate truſt, and infuſion by God, as Elias had the ſpirit of prophecie, that he cannot make away: Royaliſts dream that God immediately from heaven, now infuſeth facultie and right to Crowns, without any word of God. Its enough to make an Euthyſiaſt leap up to the Throne, and kill Kings. Judge if theſe Fanaticks be favourers of Kings: But if the King have Royaltie mediately by the peoples free conſent from God, there is no reaſon, but people give as much power even by ounce weights (for power is ſtrong Wine, and a great mocker) as they know a weak mans head will bear, and no more; power is not an immediate inheritance from heaven: But a birth-right of the people borrowed from them, they may ſet it out for their good, and reſume it when a man is drunk with it. 2. The man will have it conſcience on the King to fight and deſtroy his three Kingdoms, for a dream, his prerogative above Law. But the truth is, Prelates do engage the King, his houſe, honour, ſubjects, Church, for their curſed Mytres.
The Prelate vexeth the Reader with Repetitions, and ſaith, ThePage 172. King muſt proportion his Government, to the ſafety of the people on the one hand, and to his owne ſafety and power on the other hand.
Anſ. What the King doth as King, he doth it for the happineſſe of his people, the King is a relative, yea even his owne happineſſe that he ſeeketh, he is to referre to the good of Gods people. He ſaith farther, The ſafety of the people includeth the ſafety of the King, becauſe Symmons hath the ſame very thing in his Loyall Subjec. unbelief. p. 39. Page 175.the word populus is ſo taken, which he proveth by a raw ſickly rabble of words, ſtollen out of Paſſerats Dictioner. His father the Schoole-maſter may whip him for frivolous Etymologies.
This ſupreame Law (ſaith the Prelate) is not above the Law of Prerogative Royall, the higheſt Law, nor is Rex above Lex. The Democracie of Rome had a ſupremacie above Lawes, to make and unmake Lawes: and will they force this power on a Monarch, to the deſtruction of Soveraigntie?
Anſw. This, which is ſtollen from Spalato, Barclay, Grotius, andThe ſafetie of the people, far above the King others, is eaſily anſwered. The ſupremacie of People, is a Law of natures ſelfe-preſervation, above all poſitive Lawes, and above the King; and is to regulate Soveraigntie, not to deſtroy it. 2. If this ſupremacie of Majeſtie was in people, before they have a King, then 1. they loſe it not by a voluntary choiſe of a King; for a King is choſen for good, and not for the peoples loſſe, ergo they muſt retain this power in habite, and potency, even when they have a King. 2. Then ſupremacy of Majeſty is not a beame of Divinity proper to a King only. 3. Then the people having Royall ſoveraignty vertually in them, make, and ſo unmake a King, all which the Prelate denyeth.
This ſupreme Law (ſaith the Prelate, begging it from Spalato,Page 176. Arniſaeus, Grotius) advance the King, not the people: and the ſenſe is, The Kingdome is really ſome time in ſuch a caſe, that the Soveraigne muſt exerciſe an Arbitrary Power, and not ſtand upon private mens intereſts, or tranſgreſſing of Lawes, made for the private good of individualls, but for the preſervation of it ſelfe, and the publicke, may break through all Lawes. This he may, in the caſe when ſuddaine forraine invaſion threatneth ruine inevitably to King and Kingdome; a Phyſitian may rather cut a Gangreened member, then ſuffer the whole body to periſh. The Dictator in caſe of extreame dangers (as Livie and Dion. Halicarnaſſ. ſhew us) had power according to his owne Arbitrament, had a ſoveraigne Commiſſion in peace and war of life, death, perſons, &c. not co-ordinate, not ſubordinate to any.
Anſ. It is not an Arbitrary power, but naturally tyed and fettered to this ſame ſupreame Law, Salus populi, the ſafety of the people, that a King breake through, not the Law, but the letter of the Law for the ſafety of the people; as the Chyrurgion, not by anyA King may though we ſhould deny all Prerogative, breake through the letter of a Law, for the ſafety of the whole Land. prerogative that he hath above the Art of Chyrurgery, but by neceſſity, cutteth off a Gangreened member, thus its not Arbitrary to the King to ſave his people from ruine, but by the ſtrong and imperious Law of the peoples ſafety he doth it; for if he did it not, he were a murtherer of his people. 2. He is to ſtand upon tranſgreſſion of Lawes according to their genuine ſenſe of the peoples ſafety, for good Lawes are not contrary one to another, though when he breaketh through the letter to the Law, yet he breaketh not the Law, for if twenty thouſand Rebells invade Scotland, he is to command all to riſe, though the formality of a Parliament cannot be had to indict the war, as our Law provideth; but the King doth not command all to riſe, and defend themſelves by a Prerogative Royall, proper to him as King, and incommunicable to any but to himſelfe.
1. There is no ſuch dinne and noiſe to be made for a King, and his incommunicable Prerogative, for though the King were not at all, yea though he command the contrary (as he did when he came againſt Scotland with an Engliſh Army) the law of Nature teacheth all to riſe without the King.
2. That the King command this as King, it is not a particular poſitive Law; but he doth it as a man, and a member of the Kingdom; The law of Nature, (which knoweth no dreame of ſuch a Prerogative) forceth him to it, as every member is, by Natures indictment, to care for the whole.
3. It is poore hungry skill in this New Statiſt, (for ſo he nameth all Scotland) to ſay, that any Lawes are made for private intereſts, The Kings ſuppoſed Prerogative, nothing, in compariſon of the lives and blood of ſo many thouſands as are killed in England and Ireland.and the good of ſome individuals. Lawes are not Lawes, if they be not made for the ſafetie of the people.
4. It is falſe, that the King in a publike danger is to care for himſelfe as a man, with the ruine and loſſe of any: Yea, in a publike calamitie, a good King, as David, is to deſire he may die, that the Publique may bee ſaved, 2 Samuel, 24. 17. Ex…dus 32. 32. It is commended of all, that the Emperour Otho, yea and Richard the 2. of England, as M. Speed ſaith, Hiſt. of England, p. 757. reſigned their Kingdomes to eſchew the eff…ſion of blood. The Prelate adviſeth the King to paſſe over all lawes of Nature, and ſlay thouſands of innocents, and deſtroy Church and State of three Kingdomes, for a ſtraw, and ſuppoſed Prerogative Royall. Now certainly, Prerogative, and Abſolutenes to doe good and ill, muſt be inferior to a Law, the end whereof is the ſafetie of the People. For David willeth the peſtilence may take him away, and ſo his Prerogative, that the People may be ſaved, 2 Sam. 24. 17. for Prerogative is cumulative, to doe good, not privative to doe ill; and ſo is but a meane to defend both the Law and the People.
2. Prerogative is either a power to doe good, or ill, or both: If the firſt be ſaid, it muſt be limited by the End, and Law, for which it is ordained. A meane is no farther a meane, but in ſo far as it conduceth to the end; the ſafetie of all. If the ſecond be admitted, It is Licence and Tyrannie, not power from God. If the third be ſaid, both reaſons plead againſt this, that Prerogative ſhould be the Kings end in the preſent warres.
3. Prerogative being a power given by the mediation of the people; yea, ſuppoſe (which is falſe) that it were given immediately of God; yet it not a thing for which the King ſhould raiſe war againſt his Subjects: for God will aske no more of the King, then he giveth to him: The Lord reapeth not, where he ſoweth not. If the Militia, and other things, be ordered hitherto for the holding off Iriſh and Spaniſhe invaſion by Sea, and ſo for the good of the Land, ſeeing the King, in his own perſon, cannot make uſe of the Militia; he is to rejoyce that his Subjects are defended. The King cannot anſwer to God for the juſtice of warre on his part: It is not a caſe of conſcience that the King ſhould ſhed blood for, to wit, becauſe the under-Officers are ſuch men, and not others of his chooſing; ſeeing the Kingdome is defended ſufficiently, except where Cavaliers deſtroy it. And to me, this is an unanſwerable argument, that the Cavaliers deſtroy not the Kingdomes for this Prerogative Royall, as the principall ground; but for a deeper deſigne, even for that which was working by Prelates and Malignants, before the late troubles in both Kingdomes.
4. The King is to intend the ſafetie of his People; and the ſafety of the King, as a Governour, but not as this King, and this man, Charles: that is a ſelfe end: a King David is not to looke to that: for when the people was ſeeking his life and crown, he ſaith, Pſ. 3. 8. Thy bleſſing upon thy People. He may care for, and intend that the King and Government be ſafe: for if the Kingdome be deſtroyed, there cannot be a new Kingdome and Church on earth againe to ſerve God, in that generation, Pſal. 89. 47. but they may eaſily have a new King againe: and ſo the ſafetie of the one, cannot in reaſon be intended, as a collaterall end, with the ſafetie of the other: for there is no imaginable compariſon betwixt one man, with all his accidents of Prerogative and Abſoluteneſſe, and three Nationall Churches and Kingdomes▪ Better the King weep for a Childiſh tri…le of a Prerogative, than Poperie be erected, and three Kingdomes be deſtroyed by Cavaliers, for their own ends.
5. The Dictators power is, 1. a fact, and proveth not a point ofThe power of the Dictator no plea for a Prerogative above Law. Conſcience. 2. His power was in an exigence of extreme danger of the Commonwealth. The P. Prelate pleadeth for a conſtant abſoluteneſſe above Lawes, to the King at all times, and that jure Divino. 3. The Dictator was the Peoples creature; ergo, the Creator, the People, had that ſoveraigntie over him. 4. The Dictator was not above a King: but the Romanes ejected Kings. 5. The Dictators power was not to deſtroy a State: 2. He might be, and was reſiſted. 3. He might be depoſed.
Prelate. The ſafetie of the People is pretended as a Law, that thePag. 177. Jewes muſt put Chriſt to death; and that Saul ſpared Agag.
Anſ. No ſhadow for either, in the word of God. Caiaphas prophecied, and knew not what he ſaid. But that the Iewes intended the ſalvation of the Elect, in kil…ing Chriſt: or that Saul intended a publick good in ſparing Agag, ſhall be the Prelates Divinitie, not mine.
2. What, howbeit many ſhould abuſe this Law of the peoples ſafety, to wrong good Kings, it ceaſeth not therefore to be a Law, and licenſeth not ill Kings, to place a Tyrannicall Prerogative above a juſt Dictate of nature.
In the laſt Chapter, the Prelate hath no reaſons, onelyonly he wouldSac. ſanc. maj. cap. 16. have Kings holy, and this he proveth from Apocrypha Books, becauſe he is ebbe in holy Scripture; but it is Romiſh holineſſe, as is cleer.
2. He muſt preach ſomething to himſelf, that the King adore a tree-Altar. Thus Kings muſt be moſt reverend in their geſtures, pag. 182.
3. The King muſt hazard his ſacred life and three Kingdoms, his Crown, Royall poſterity, to preſerve ſacred things, that is, Antichriſtian Romiſh Idols, Images, Altars, Ceremonies, Idolatry, Popery.
4. He muſt upon the ſame pain maintain ſacred perſons, that is, greaſie Apoſtate Prelates. The reſt I am weary to trouble the Reader withall, but know ex ungue leonem.