The true lavv of free monarchy, or The reciprocall and mutuall duty betvvixt a free king and his naturall subjects.: By a well affected subject of the kingdome of Scotland.

The true Law of free Monarchies, Or the reciprocke and mutuall duty betwixt a free King and his naturall Subjects.

AS there is not a thing so necessary to be known by the people of any Land, next the knowledge of their God, as the right knowledge of their alleageance, according to the forme of Government esta∣blished among them, especially in a Monarchy, (which forme of Government, as resembling the Divinity, approcheth nearest to perfection, as all the learned and wise men from the beginning have agreed upon: Vnity being the perfection of all things) So hath the igno∣rance, and (which is worse) the seduced opinion of the multitude blinded by them, who think themselves able to teach and instruct the ignorants, procured the wrack and and overthrow of sundry flourishing Common-wealths; and heaped heavy calamities, threatning utter destruction upon others. And the smiling successe, that unlawfull rebellions have oftentimes had against Princes in ages past (such hath been the misery, and iniquity of the time) hath by way of practise strengthned many in their error: albeit there cannot be a more decei∣vable argument; then to judge by the justnesse of the cause by the event thereof; as hereafter shall be proved more at length, And among others, no Common-wealth, that ever hath been since the beginning, hath had greater need of the true knowledge of this ground, then this our so long disordered and distracted Common-wealth hath: the misknowledge hereof being the only spring, from whence have flowed so many endlesse calamities, miseries, and confusions, as is better felt by many, than the cause thereof well known, and deeply considered. The natural zeale therfore, that I beare to this my native Country, with the great pity I have to see the so-long disturbance therof, for lack of the true knowledg of this ground (as I have said before) hath compelled me at last to break silence, to discharge my conscience to you, my deare Countrymen herein, that knowing the ground from whence these your many endles troubles have proceeded, as well as ye have already too-long tasted the bitter fruits thereof, ye may by knowledge, and eschewing of the cause escape, and divert the lamentable effects that ever ne∣cessarily follow thereupon. I have chosen then only to set down in this short Treatise the true grounds of the mutuall duty, and allegeance betwixt a free and absolute Monarche, and his people; not to trouble your patience with answer∣ing the contrary propositions, which some hath not been ashamed to set down in writ, to the poysoning of infinite number of simple soules, and their own per∣petuall, and well deserved infamy. For by answering them, I could not have es∣chewed whiles to pick, and bite well saltly their persons: which would rather have bred contentiousnesse among the readers (as they had liked or misliked) then sound instruction of the truth. Which I protest to him that is the searcher of all hearts, is the only mark that I shoot at herein.

First then, I will set down the true grounds, whereupon I am to build, out of the Scriptures, since Monarchy is the true pattern of Divinity, as I have already said: next, from the fundamentall Laws of our own Kingdome, which nearest must concerne us: thirdly, from the Law of nature, by divers similitudes drawn out of the same: and will conclude sinne by answering the most waighty and appearing incommodities that can be objected.

The Princes duty to his subjects is so clearly set down in many places of the Scriptures, and so openly confessed by all the good Princes, according to their oath in their Coronation, as not needing to belong therein, I shall as shortly as I can run through it.

Kings are called Gods by the Propheticall King David,* 1.1 because they sit upon God his throne in the earth, and have the count of their administration to give unto him. Their office is, To minister justice and judgement to the people, as the same David saith,* 1.2 To advance the good, and punish the evill, as he likewise saith: To esta∣blish good laws to his people, and procure obedience to the same, as divers good Kings of Judah did: To procure the peace of the people: as the same David saith, To decide all controversies that can arise among them, as Salomon did: To be the Minister of God for the weale of them that do well, and as the Minister of God, to take vengeance upon them that do evill, as S. Paul saith. And finally, As a good Pastor, to go out and in before his people, as is said in the first of Samuel: That through the Princes pros∣perity the peoples peace may be procured, as Jeremy saith.

And therefore in the Coronation of our own Kings, as well as of every Chri∣stian Monarch, they give their oath, first to maintain the Religion presently pro∣fessed within their Countrey, according to their laws, whereby it is established, and to punish all those that should presse to alter, or disturbe the profession ther∣of: And next, to maintain all the lowable and good laws made by their prede∣cessors, to see them put in execution, and the breakers, and violaters thereof, to be punished, according to the tenor of the same: And lastly, to maintain the whole Countrey, and every state therein, in all their ancient priviledges, and liberties, as well against all sorraine enemies, as among themselves: And shortly to pro∣cure the weale and stourishing of his people, not only in maintaining and pur∣ting to execution the old lowable laws of the Countrey, and by establishing of new (as necessity and evill manners will require) but by all other meanes possi∣ble to foresee and prevent all dangers, that are likely to fall upon them, and to maintain concord, wealth, and civility among them, as a loving father, ond care∣full watchman, caring for them more than for himself, knowing himselfe to be ordained for them, and they not for him; and therefore countable to that great God, who placed him as his lieutenant over them, upon the perill of his soule, to procure the weale of both soules and bodies, as far as in him lieth, of all them that that are committed to his charge. And this Oath in the Coronation is the clea∣rest, civill and fundamentall law, whereby the Kings office is properly defined.

By the law of nature the King becomes a naturall Father to all his Lieges at his Coronation. And as the father of his fatherly duty is bound to care for the nourishing, education and vertuous government of his children: even so is the King bound to care for all his subjects. As all the toyle, and pain that the father can take for his children, will be thought light and well bestowed by him, so that the effect thereof redound to their profit and weale: So ought the Prince to do towards his people As the kindly father ought to foresee all inconvenients and dangers that may arise towards his children, and though with the hazard of his own person, presse to prevent the same: So ought the King toward his people. As the Fathers wrath & correction upon any of his children, that offen∣deth, ought to be by a fatherly chastizment seasoned with pity, as long as there is any hope of amendment in them: So ought the King towards any of his Lieges that-offends in that measure. And shortly as the fathers chif joy ought to be in

procuring his childrens well fare, rejoycing at their weale, sorrowing and pity∣ing at their evill, to hazard for their safety, travell for their rest, wake for their sleep; and in a word, to think that his earthly felicity and life standeth & liveth more in them, nor in himselfe: So ought a good Prince think of his people.

As to the other branch of this mutuall, and reciprock band, is the duty and al∣leageance, that the Lieges owe to their King. The ground whereof, I take out of the words of Samuel, dited by Gods spirit, when God had given him comman∣dement to heare the peoples voyce in choosing and annointing them a King. And because that place of Scripture being well understood, is so pertinent for our purpose, I have insert herein the very words of the text.

9 Now therefore harken to their voyce: howbeit yet testifie unto them, and shew them the manner of the King, that shall raigne over them.

10 So Samuel told all the words of the Lord unto the people that asked a King of him.

11 And he said, this shall be the manner of the King that shall raigne over you; he will take your sons, and appoint them to his Charets, and to be his horsemen, and some shall run before his Charet.

12 Also he will make them his Captaines over thousands, and Captaines over fifties, and to eare his ground, and to reape his harvest, and to make instruments of war, and the things that serve for his Charets.

13 He will also take your daughters, and make them Apothecaries, and Cookes, and Bakers.

14 He will take your Fields, and your Vineyardes, and your best Olive-trees, and give them to his servants.

15 And he will take the tenth of your seed, and of your Vineyards, and give it to his Eunuches and to his servants:

16 And he will take your men-servants, and your maid-servants, and the chiefe of your yong men, and your asses, and put them to his work.

17 He will take the tenth of your sheep: and ye shall be his servants.

18 And yee shall cry out at that day, because of your King whom yee have chosen you: and the Lord will not heare you at that day.

19 But the people woull not heare the voyce of Samuel but did say: Nay but there shall be a King over us. 20 And we also will be like all other nations. and our King shall judge us, and go out before us, and fight our battels.

20 And we also would be like all other Nations, and our King shall judge us, and go out before us, and fight our battels.

That these words and discourses of Samuel were dited by Gods spirit, it needs no further probation, but that it is a place of Scripture, since the whole Scripture is dited by that inspiration, as Paul saith: which ground no good Christian will, or dare deny. Wherupon it must necessarily follow, that there speeches proceeded not from any ambition in Samuel, as one loath to quite the reines that he so long had ruled, and therefore desirous, by making odious the government of a King, to disswade the people from their farther importunate craving of one. For as the Text proveth it plainly, he then conveened them to give them a resolute grant of their demand, as God by his own mouth commanded him, saying:

Harken to the voyce of the people.

And to presse to disswade them from that, which he then came to grant unto them, were a thing very impertinent in a wise man; much more in the Prophet of the most high God. And likewise, it well appeared in all the course of his life after, that his so long refusing of their sute before came not of any ambition in

him: which he well proved in praying, and as it were importuning God for the weale of Saul. Yea, after God had declared his reprobation unto him, yet he desi∣sted not, while God himselfe was wrath at his praying, and discharged his far∣ther sute in that errant. And that these words of Samuel were not uttered, as a prophecy of Saul their first Kings defection, it well appeareth, as well because we heare no mention made in the Scripture of any his tyranny and oppression, (which, if it had been, would not have been left unpainted out therein, as well as his other faults were, as in a true mirrour of all the Kings behaviours, who it de∣scribeth) as likewise in respect that Saul was chosen by God for his vertue, and meet qualities to govern his people: whereas his defection sprung after-hand from the corruption of his own nature, and not through any default in God, whō they that think so, would make as a step-father to his people, inmaking wil∣fully a choyce of the unmeetest for governing them, since the election of that King lay absolutly and immediatly in Gods hand. But by the cōtrary it is plain, and evident, that this speech of Samuel to the people, was to prepare their hearts before the hand to the due obedience of that King, which God was to give unto them; and therfore opened up unto them, what might be the intollerable quali∣ties that might fall in some of their Kings, thereby preparing them to patience, not to resist to Gods ordinance, but as he would have said. Since God hath gran∣ted your importunate sute in giving you a King: as ye have else committed an error in shaking off Gods yoke, and over-hasty seeking of a King: so beware ye fall not into the next, in casting off also rashly that yoke, which God at your ear∣nest sute hath laid upon you, how hard that ever it seem to be. For as ye could not have obtained one without the permission and ordinance of God: so may ye no more, fro he be once set over you, shake him off without the same warrant. And therfore in time arme your selves with patience and humility, since he, that hath the only power to make him, hath the only power to unmake him; and ye only to obey, bearing with these straits that I now fore-shew you, as with the finger of God, which lyeth not in you to take off. And will ye consider the very words of the Text in order, as they are set down, it shall plainly declare the obe∣dience that the people owe to their King in all respects.

First, God commanded Samuel to do two things; the one to grant the people their sute in giving them a King; the other to forwarn them, what some Kings wil do unto them, that they may not thereafter in their grudging & murmuring say; when they shall feele the snares here forespoken: We would never have had a King of God, in case, when we craved him, he had let us know how we would have been used by him, as now we find but over late. And this is meant by these words. Now therefore kearken unto their voyce; howbeit yet testifie unto them, and shew them the manner of the King that shall rule over them.

And next, Samuel in execution of this commandement of God, he likewiss doth two things.

First, he declares unto them, what points of Iustice and equity their King will break in his behaviour unto them. And next he putteth them out of hope, that, weary as they will, they shall not have leave to shake of that yoke, which God through their importunity hath laid upon them. The points of Equity that the King shall breake unto them are expressed in these words.

11 He will take your sons, and appoint them to his Charets, and to be his hosemen, and some shall run before his Charet.

12 Also he will make them his Captaines over thousands, and Captaines over fifties, and to eare his ground, and to reape his harvest, and to make instruments of war, and the things that serve for his Charets.

13 He will also take your daughters, and make them Apothecaries, and Cookes, and Bakers.

The points of Iustice, that he shall break unto thē, are expressed in these words.

14 He will take your Fields, and your Vineyardes, and your best Olive-trees, and give them to his servants.

15 And he will take the tenth of your seed, and of your Vineyards, and give it to his Eunnches and to his servants: And also the tenth of your sheep.

As if he would say, The best and noblest of your bloud shall be compelled in la∣vish and servile offices to serve him. And not content of his own patrimony wil make up a rent to his own use out of your best lands. vineyards, orchards & store of cattell. So as inverting the law of nature and office of a King, your persons and the persons of your posterity, together with your lands, and all that ye possesse shall serve his private use, and inordinate appetit. And as unto the next point (which is his forewarning them, that, weary as they will, they shall not have leave to shake off the yoake, which God through their importunity hath layd up∣on them) it is expressed in these words.

18 And yet shall cry out at that day, because of your King whom yee have chosen you: and the Lord will not heare you at that day.

As he would say, When ye shall find these things in proof that now I sorewarn you of, although you shall grudg and murmure, yet it shall not be lawfull to you to cast it off, in respect it is not only the ordinance of God; bur also your selves have chosen him unto you, thereby renouncing for ever all priiviledges, by your willing consent, out of your hands, wherby in any time hereafter ye would claim and call back unto your selves again that power, which God shal not permit you to do. And for further taking away of al excuse, and retraction of this their cont∣ract, after their consent to underly this yoake with all the burthens that he hath declared unto them, he craves their answer, & consent to his proposition: which appeareth by their answer, as it is expressed in these words.

19 Nay but there shall be a King over us. 20 And we also will be like all other nations, and our King shall judge us, and go out before us, and fight our battels.

As if they would have said; All your speechs and hard conditions shall not skar us, but we will take the good and evill of it upon us, and we will be content to bear whatsoever but then it shall please our King to lay upon us, as well as other nations do. And for the good we will get of him in fighting our battels, we wil more patiently beare any burthen that shall please him to lay on us.

Now then, since the erection of this Kingdom and Monarchy among the Iews and the law thereof may, and ought to be a patern to all Christian and well foun∣ded Monarchies, as being founded by God himself, who by his Oracle, and out of his owne mouth gave the law thereof: what liberty can broyling spirits, and rebellious minds claim justly to against any Christian Monarchy: since they can claime to no greater liberty on their part, nor the people of God might have done, & no greater tyranny was ever executed by any Prince or Tyrant, whom they can object, nor was here fore-warned to the people of God, (and yet all re∣bellion countermanded unto thē) if tyrannizing over mens persons, sons, daugh∣ters and servants; redacting noble houses, and men, and women of noble bloud, to slavish and servile offices; and extortion, and spoile of their lands and goods to

the Princes own private use and commodity, and of his courteours and servants, may be called a tyranny?

And that this proposition grounded upon the Scripture, may the more clearly appeare to be true by the practise oft proved in the same book, we never read, that ever the Prophets perswaded the people to rebell against the Prince, how wick∣ed soever hee was.

When Samuel by Gods command pronounced to the same King Saul,* 1.3 that his Kingdom was rent from him, and given to another (which in effect was a de∣grading of him) yet his next action following that was peaceably to turn home, and with floods of tears to pray to God to have some compassion upon him.

And David notwithstanding he was inaugurate in that same degraded Kings room, not only (when he was cruelly persecuted for no offence, but good service done unto him) would not presume, having him in his power, skantly, but with great reverence, to touch the garment of the annoynted of the Lord, and in his words blessed him:* 1.4 but likewise, when one came to him vanting himself untruly to have slain Saul, he without forme of proces, or tryall of his guilt, caused only for guiltinesse of his tongue put him to sodain death.

And although there was never a more monstruous persecutor and tyrant than Achab was: yet all the rebellion, that Elias ever raised against him, was to fly to the wildernesse: where for fault of sustentation, hee was fed with the Corbies. And I think no man wil doubt but Samuel, David and Elias, had as great power to perswad the people, if they had liked to have imployed their credit to uprores and rebellions against these wicked Kings, as any of our seditious preachers in these dayes of whatsoever Religion, either in this Countrey or in France, had that busied themselves most to stir up rebellion under cloak of Religion. This far the only love of verity, I protest, without hatred at their persons, have moved me to be somewhat satyrique.

And if any will leane to the extraordinary examples of degrading or killing of Kings in the Scriptures, therby to cloake the peoples rebellion, as by the deed of Jehu, and such like extraordinaries: I answer, besides that they want the like warrant that they had, if extraordinary examples of the Scripture shal be drawn in dayly practise; murder under traist, as in the persons of Ahud and Iael; theft, as in the persons of the Israelites comming out of Aegipt; lying to their parents to the hurt of their brother, as in the person of Iacob; shall all be counted as law∣full and allowable vertues, as rebellion against Princes. And to conclude, the practise through the whole Scripture proveth the peoples obedience given to that sentence in the Law of God: Thou shalt not raile upon the Iudges neither speak evell of the Ruler of thy people. To end then the ground of my proposition taken out of the Scripture, let two speciall and notable examples, one under the law, another under the Euangel,* 1.5 conclude this part of my alled geance. Vnder the law, Ieremy threatneth the people of God with utter destruction for rebellion to Na∣buchadnezzar the King of Babel, who althogh he was an Idolatrous persecutor, a forrain King, a Tyrant, & usurper of their liberties; yet in respect they had once received & acknowledged him for their King,* 1.6 he not only commandeth them to obey him, out even to pray for his prosperity, adjoyning the reason to it; because in his prosperity stood their peace. And under the Euangell that King, whom Paul bids the Romaines Obey and serve for conscience sake,* 1.7 was Nero that bloudy Tyrant, an infamy to his age, and a monster to the world, being also an Idolatrous per••••cutor, as the K. of Babel was. If then Idolatry & defection frō God, tyranny over their people, & persecutiō of the Saints, for their professiō sake, hindred not

the spirit of God to command his people under all highest paine to give them all due and hearty obedience for conscience sake, giving to Caesar that which was Caesars, and to God that which was Gods, as Christ saith, and that this practise throughout the booke of God agreeth with this law, which he made in the erection of that Mo∣narchie (as is at length before deduced) what shamelesse presumption is it to any Christian people now a dayes to claime to that unlawfull liberty, which God refu∣sed to his own peculiar and chosen people? Shortly then to take up in two or three sentences, grounded upon all these arguments, out of the Law of God, the duty, and alleageance of the people to their lawfull King, their obedience, I say, ought to bee to him, as to Gods Lievtenant in earth, obeying his commands in all things, except directly against God, as the commands of Gods Minister, acknowledging him a Judge set by God over them, having power to judge them, but to be judged onely by God, whom to only he must give count of his judgment; fearing him as then Judge loving him as their Father; praying for him as their Protector; for his continuance, he be good, for his amendment, if he be wicked, following and obeying his lawfull commands, eschewing and flying his fury in his unlawfull, without tesistance, but by sons and eares to God, according to that Sentence used in the Primitive Church in the time of the persecution.

Preces, & Lachrymae sunt arma Ecclesiae.

Now as for the describing the alleageance, that the heges owe to their Native King, out of the fundamentall and Civill Law, especially of this Country, as I pro∣mitted, the ground must first be set down of the first manner of establishing the Laws and forme of government among us: that the ground being first right layd, we may thereafter build rightly thereupon. Although it be true (according to the affirmation of those that pride themselves to be the scourges of Tyrants) that in the first begin∣ning of Kings rising among Gentiles, in the time of the first age, divers common∣wealths and societies of men choosed out one among themselves, who for his ver∣tues and valour, being more eminent then the rest, was chosen out by them, and set up in that roome, to maintaine the weakest in their right, to throw downe oppres∣sours, and to foster and continue the society among men; which could not other∣wise, but by vertue of that unity be well done yet these examples are nothing perti∣nent to us; because our kingdom and diverse other Monarchies are not in that case, but had their beginning in a far contrary fashion. For as our Chronicles beare wit∣nesse, this, and especially our part of it, being scantly inhabited, but by very few, and they as barbarous and scant of civility, as number, there comes our King Fergus, with a great number with him, out of Ireland, which was long inhabited before us, and making himselfe master of the Country by his own friendship, and force, as well of the Ireland-men that came with him, as of the Country-men that willingly fell to him, he made himselfe King and Lord, as well of the whole lands, as of the whole inhabitants within the same. Thereafter he and his successours, a long while after their being Kings, made and established their lawes from time to time, and as the occasion required. So the truth is contrary in our state to the false affirmation of such seditious Writers, as would perswade us, that the Lawes and state of our coun∣trey were established before the admitting of a King: whereby the contrary ye see it plainly proved, that a wise King comming among barbares, first established the estate and forme of government, and thereafter made dawes by himselfe, and his successors according thereto.

The Kings therefore in Scotland were before any estates or rankes of men with∣in the same, before any Parliaments were holden, or Lawes made: and by them was the Land distributed (which at the first was whole theirs) states erected and de∣cerned, and formes of government devised and established. And so it followes of necessity, that the Kings were the authors and makers of the lawes, and not the lawes of the Kings. And to prove this my assertion more clearely, it is evident by the Roles of our Chancellery (which containe our eldest and fundamentall lawes) that the King is Dominus omnium bonorum, and Dominus directus totius Dominiy, the whole subjects being but his vassals, & from him holding all their lands as their Over lord, who according to good services done unto him, changeth their holdings from tacke to few, from ••ord to blanch, erecteth new Baronies, and uniteth old, without advise or authority of either Parliament, or any other subalterin judicial seate. So as if wrong might be admitted in play (albert I grant wrong should bee wrong in all persons) the King might have a better colour for his pleasure, without further reason, to take the land from his lieges, as over-lord of the whole, and doe with it as pleaseth him, since all that they hold is of him: then, as foolish writers say the people might un-make the King, and put an other in his room. But either of them, as unlawfull, and against the ordinance of God, ought to be alike odious to be thought, much lesse put in practise. And according to these fundamentall lawes al∣ready alledged, wee daily see that in the Parliament (which is nothing else but the head Court of the King, and his vassals) the lawes are but craved by his subjects, and only made by him at their rogation, and with their advise. For albeit the K. make daily statutes and ordinances, injoyning such pains thereto as he thinks meet, with∣out any advise of Parliament or estates; yet it lyes in the power of no Parliament, to make any kinde of law or statute, without his Scepter be to it, for giving it the force of a law. And althogh diverse changes have been in other Countries of the bloud Royall, and kingly house, the Kingdome being refectly conquest from one to another, as in our neighbour country in England, (which was never in ours) yet the same ground of the Kings right over all the Land, and subjects thereof remaineth alike in all other free Monarchies, as well as in this. For when the Bastard of Normandie came into England, and made himselfe King, was it not by force, and with a mighty army? Where he gave the Law, and tooke none, changed the laws, inverted the order of government, see downe the strangers his followers in many of the old possessours roomes, 〈◊〉〈◊〉 this day well appeareth a great part of the Gentle∣men in England, being come of the Norman bloud, and their old Lawes, which to this day they are tuled by, are written in his language, and not in theirs. And yet his successors have with great bappinesse enjoyed the Crowne to this day. Where∣of the like was also done by all them that conquested them before.

And for conclusion of this point, that the King is over-lord over the whole lands, it is likewise daily proved by the Law of our hoords, of want of Heires and of Ba∣stardies. For if a ••oord be found under the earth, because it is no more in the keep∣ing or use of any person, it of the Law pertaines to the King. If a person, inheri∣tour of any lands or goods, dye without any sort of heires, all his lands and goods returne to the King. And if a bastard dye unrehabled without heires of his body (which rehabling only lyes in the Kings hinds) all that he hath likewise returnes to the King. And as yee see it manifest, that the King is Over-Lord of the whole

Land: So is hee master over every person that inhabiteth the same, having power over the life and death of every one of them. For although a just Prince will not take the life of any of his Subjects without a cleare Law: Yet the same Lawes, whereby he taketh them, are made by himselfe, or his predecessors. And so the pow∣er flowes alwayes from himselfe: As by daily experience we see, good and just Princes will from time to time make new lawes and statutes, adjoyning the penal∣ties to the breakers thereof: which before the Law was made, had bin no crime to the subject to have committed. Not that I deny the old definition of a King, and of a law; which makes the King to be a speaking Law, and the Law a dumb King: for certainely a King, that governes not by law, can neither bee countable to God for his administration, nor have a happie and established Raigne. For albeit it bee true that I have at length proved, that the King is above the Law, as both the Au∣thor, and giver of strength thereto: yet a good King, will not onely delight to rule his subjects by the Law; but even will conforme himselfe in his own actions ther∣unto, alwayes keeping that ground, that the health of the common-wealth be his chiefe Law. And where he sees the Law doubt-some or rigorous, he may interpret or mittigate the same: lest otherwise Summum jus be summairjuria. And therfore generall lawes, made publikely in Parliament, may upon knowne respects to the King by his authority be mittigated, and suspended upon causes only knowne to him. As likewise, although I have said, a good king will frame all his actions to be according to the Law: yet is hee not bound thereto but of his good will, and for good example giving to his subjects. For as in the Law of abstaining from eating of flesh in Lenton, the King will for examples sake, make his own house to observe the Law: yet no man will think he needs to take a licence to eate flesh. And although by our Laws, the bearing & wearing of hag-buts, & Pistolets be forbidden, yet no man can unde any fault in the King, for causing his traine use them in any raide upon the Bordourers, or other malefactours or rebellious subjects. So as I have already said, a good King, although he be above the Law, will subject and frame his actions ther∣to, for examples sake to his subjects, and of his own free-will, but not as subject or bound thereto. Since I have so clearely proved then out of the fundamentall laws & practise of this Country, what right and power a King hath over his land and sub∣jects, it is easie to be understood, what alleageance and obedience his lieges owe un∣to him I meane alwayes of such free Monarchies as our King is, and not of ele∣ctive Kings, and much lesse of such sort of governours, as the Dukes of Venice are, whose Aristocraticke, and limited government is nothing like to free Monarchies: although the malice of some writers hath not beene ashamed to mis-know any dif∣ference to be betwixt them. And if it be not lawfull to any particular Lords te∣nants or vassals, upon whatsoever pretext, to controle and displace their master, and Over-lord (••s is clearer no•• the Sun by all lawes of the world) how much lesse may the subjects and vassals of the great Over-lord the King controle or displace him? And since in all inferiour judgments in the Land, the people may not upon any re∣spects displace their Magistrates, although but subaltern: for the people of a bo∣rough, cannot displace their provost before the time of their election: nor in Eccle∣siasticall policy the flock can upon any pretence displace the pastor, nor Iudge of him yea even the schoolemaster cannot be displaced by his schollers. If these, cannot bee displaced for any occasion or pretext by them that are ruled by them: much lesse is it

lawful upon any pretext to controle or displace the great Provost, and great Schoole-muster of the whole land: except by inverting the order of all Law and reason, the com∣manded may bee made to command their commander, the judged to judge their Judge, and they that are governed, to governe their time about their Lord and gover∣nour. And the agreement of the Law of nature in this our ground with the Lawes and constitutions of God, and man, already alledged, will by two similitudes easily appeare. The King towards his people is rightly compared to a Father of children, and to a head of a body composed of divers members. For as Fathers, the good Prin∣ces, and Magistrates of the people of God acknowledged themselves to their subjects And for all other well ruled common-wealths, the stile of Pater-Patria was ever, and is commonly used to Kings. And the proper office of a King towards his sub∣jects agrees very well with the office of the head towards the body, and all mem∣bers thereof. For from the head, being the seate of judgement, proceedeth the care and foresight of guiding, and preventing all evill that may come to the body or any part thereof. The head cares for the body, so doth the King for his people. As the dis∣course and direction flowes from the head, and the execution according thereunto belongs to the rest of the members, every one according to their office: so is it be∣twixt a wise Princes, and his people. As the judgement comming from the head may not only imploy the members, every one in their own office, as long as they are a∣ble for it, but likewise in case any of them be affected with any infirmity must care and provide for their remedy, in case it be curable; and if otherwise, 〈◊〉〈◊〉 cut them off for feare of infecting of the rest: even so is it betwixt the Prince, and his people. And as there is ever hope of curing any diseased member by the direction of the head, as long as it is whole; but by the contrary, if it hee troubled, all the members are partakers of that paine, so is it betwixt the Prince and his people.

And now first for the fathers part (whose naturall love to his children I described in the first part of this my discourse, speaking of the duty that Kings owe to their subjects) consider, I pray you what duty his children owe to him, and whether upon any pretext whatsoever, it wil not be thought monstrous and unnaturall to his sons, to rise up against him, to controll him at their appetite, and when they think good, to sley him, or to cut him off, and adopt to themseves any other they please in his roome. Or can any pretence of wickednesse or rigour on his part bee a just excuse for his children to put hand into him? And although we see by the course of nature, that love ever useth to descend more than to ascend: in case it were true, that the Father hated and wronged the children never so much, will any man, endued with the least spark of reason, think it lawfull for them to meete him with the line? Yea, suppose the Father were furiously following his sons with a drawne sword: is it lawfull for them to turne, and strike againe, or make any resistance but by flight? I thinke surely, if there were no more but the example of bruit beasts, and unreaso∣nable creatures, it may serve well inough to qualine and proove this my argument. We read often the piety that the Storkes have to their old and decayed parents. And generally we know, that there are many sorts of beasts and foules, that with vio∣lence and many bloudy strokes will beate and banish their young ones from them, how soone they perceive them to be able to fend themselves. But we never read or heard of any resistance on their part, except among the Vipers: which proves such persons, as ought to be reasonable creatures, and yet unnaturally follow this exam∣ple,

to bee indued with their viperous nature. And for the similitude of the head and the body, it may very well fall out that the head will be forced to gaure cut off some rotten member (as I have already said) to keep the rest of the body in integrity. But what state the body can be in, if the head, for any infirmity that can fall to it, be cut off, I leave it to the readers judgment. So as (to conclude this part) if the children may upon any pretext that can be imagined, lawfully rise up against their Father, cut him off, and choose any other in his room; and if the body for the weale of it, may for any infirmity that can be in the head, strike it off: then I cannot deny that the people may rebell, controle, and displace, or cut off their King at their plea∣sure, and upon respects moving them. And whether these similitudes represent bet∣ter the office of a King; or the offices of Masters or Deacons of crafts, or Doctors in Physicke (which jolly comparisons are used by such writers as maintaine the con∣trary proposition) I leave it also to the Readers discretion. And in ease any doubts might arise in any part of this treatise, (I will according to my promise) with the solution of 4. principall and most weighty doubts, that the adverseries may ob∣ject, conclude this discourse. And first it is casten up by diverse, that employ their pens upon Apologists for rebel sons and treasons, that every man is borne to carry such a natural zeale and duty to his common-wealth, as to his mother; that seeing it so rent, and deadly wounded, as whiles it will be by wicked & tyrannous Kings, good Citizans will be forced, for the naturall zeale and duty they owe to their own native Country, to put their hard to work for freeing their common-wealth from such a pest. Whereunto I give two answers. First, it is a sure Axiom in Theologie, that evill should not be done, that good may come of it. The wickednesse there∣fore of the King can never make them that are ordained to be judged by him, to be∣come his Judges. And if it be not lawfull to a private man to revenge his private injury upon his private adversary (since God hath only given the sword to the Ma∣gistrate) how much lesse is it lawful to the people, or any part of them (who all are but private men, the authority being alwayes with the Magistrate, as I have already proved) to take upon them the use of the sword, whom to it belongs not, against the publike Magistrate, whom to only it belongeth. Next, in place of relieving the Common-wealth out of distresse (which is their only excuse and colour) they shall heape double distresse and desolation upon it: and so their rebellion shall procure the contrary effects that they pretend it for. For a King cannot be imagined to be so unruly and tyrannous, but the common-wealth will be kept in better order, not∣withstanding thereof, by him, then it can be by his way-taking For first, all sud∣den mutations are perilous in common-wealths, hope being thereby given to all bare men to set up themselves, and flie with other mens feathers, the reines being loosed to all the insolencies that disordered people can commit by hope of impani∣ty, because of the loosenesse of all things.

And next, it is certaine that a King can never be so monstrously vicious, but hee will generally favour justice, and maintaine some order, except in the particulars, wherein his inordinate lusts and passions carry him away: where by the contrary, no King being, nothing is unlawfull to none: And so the old opinion of the Phi∣losophers proves true, that better it is to live in a Common-wealth, where nothing is lawfull, then where all things are lawfull to all men: the Common-wealth at that time resembling an un-daunted young horse that hath casten his ride. For as

the divine Poet Du Bartas saith: Better it were to suffer some disorder in the estate, and some spots in the Common wealth, then, in pretending to reforme, utterly to o∣ver th••ow the Republike.

The second objection they ground upon the curse, that hangs over the common wealth, where a wicked King raigneth. And, say they, there cannot be more accep∣table deed in the sight of God, nor more dutifull to their common-weale, than to free the Country of such a curse, and vindicate to them their liberty, which is na∣turall to all creatures to crave. Whereunto, for answer, I grant indeed, that a wic∣ked K. is sent by God for a curse to his people, and a plague for their sins. But that it is lawfull to them to shake off that curse at their owne hand, which God hath laid on them, that I deny, and may so doe justly. Will any deny that the King of Babel was a curse to the people of God, as was plainely fore spoken and threatned unto them in the prophecy of their Captivity? And what was Nero to the Christian Church in his time? And yet Ieremy and Paul (as ye have else heard) commanded them not only to obey them, but heartily to pray for their welfare.

It is certaine then (as I have already by the Law of God sufficiently proved) that pattence, earnest prayers to God, and amendment of their lives, are the onely lawfull meanes to move God to relieve them of that heavie curse. As for vindica∣ting to themselves their owne ••iberty, what lawfull power have they to revoke to themselves again those priviledges, which by their own consent before were so ful∣ly put out of their hands? For if a Prince cannot justly bring back again to himselfe the Priviledges once bestowed by him or his predecessors upon any state, or ranck of his subjects: how much lesse may the subjects reive out of the Princes hand that superiority, which he and his Predecessors have so long brooked over them? But the unhappy uniquity of the time, which hath oftentimes given over good successe to their treasonable attempts, furnisheth them the ground of their third objection. For, say they, the fortunate successe that God hath so oft given to such enterprises, proo∣veth plainly by the practice, that God favoured the justnesse of their quarrell. To the which I answer, that it is true indeed, that all the successe of battels, as well as other worldly things, lyeth only in Gods hand. And therfore it is that in the Scrip∣ture he takes to himselfe the God of Hosts. But upon that generall to conclude, that he ever gives victory to the just quarrell, would prove the Philistims, and diverse other neighbour enemies of the people of GOD, to have oftimes had the just quarrell against the people of GOD, in respect of the many Victories they obtained against them. And by that same argument they had just quarrell against the A••••ke of God. For they wan it in the field, and kept it long prisoner in the Country. As likewise by all good writers, as well Theologues, as other the D••••lls and singular combates are disallowed: which are only made upon pretence that God will kith thereby the justice of the quarrell. For we must consider that the innocent party is not innocent before God. And therefore God will make oft times them that have the wrong side, revenge justly his quarrell; and when he hath done, cast his scourge on the fire: as hee oftentimes did to his owne people stirring up and strengthening their enemies, while they were humbled in his sight, and then deli∣vered them in their hands. So God, as the great Iudge may iustly punish his deputy, and for his rebellion against him, stir up his rebels to meete him with the like. And when it is done, the part of the instrument is no better than the divels part is in temp¦ting and torturing such as God committeth to him as his hangman to do. Therefore as I said in the beginning, it is oft times a very deceiveable argument, to iudge of the cause by the event.

And the last objection is grounded upon the mutuall paction and adstipulation (as they call it) betwixt the King and his people, at the time of his Coronation. For there say they, there is a mutuall paction, and contract bound up, and sworne betwixt the King, and the people. Whereupon it followeth, that if the one part of the contract or the Indent be broken upon the Kings side, the people are no longer bound to keepe their part of it, but are thereby freed of their oath. For (say they) a contract betwixt two parties of all law frees the one party if the other breake unto him. As to this con∣tract alledged made at the coronation of a King, although I deny any such contract to be made then, especially containing such a clause irritant as they alledge: yet I confesse, that a King at his coronation, or at the entry to his Kingdome, willingly promiseth to his people, to discharge honorably and truely the office given him by God over them. But presuming that thereafter hee breake his promise unto them never so inexcusable, the question is, who should be judge of the breake, giving unto them this contract were made unto them never so sicker, according to their alleageance. I think no man that hath but the smallest entrance in the civill Law, will doubt that of all law either civill or municipall of any nation a contract cannot be thought broken by the one party, and so the other likewise to be freed therefro except that first a lawful tryall & cognition be had by the ordinary Iudge of the breakers thereof. Else every man may be both party and judge in his own cause: which is absurd once to be thought. Now in this contract (I say) betwixt the King and his people, God is doubtlesse the only Iudge, both because to him only the King must make count of his administration (as is oft said before) as like∣wise by the oath in the Coronation, God is made judge and revenger of the breakers. For in his presence, as only judge of oaths, all oaths ought to be made. Then since God is the onely judge betwixt the two parties contractors, the cognition and revenge must only appertaine to him. It followes therefore of necessity, that God must first give sen∣tence upon the King that breaketh, before the people can think themselves freed of their oath What justice then is it, that the party shall be both judge and party, usurping up∣on himselfe the office of God, may by this argument easily appare: And shall it lye in the hands of headlesse multitude, when they please to weary off subjection, to cast off the yoke of government that God hath said upon them; to judge and punish him, by whom they should be judged and punished; and in that case, wherein by their vio∣lence they kithe themselves to be most passionate parties, to use the office of an ungra∣cious Iudge or Arbiter? Nay, to speake truly of that case, as it stands betwixt the King and his people, none of them ought to judge of the others breake. For considering rightly the two parties at the time of their mutuall promise, the King is the one party, and the whole people in one body are the other party And therefore since it is certaine, that a King, in case so it should fall out, that his people in one body had rebelled against him, the should not in that case, as thinking himselfe free of his promise and oath be∣come an utter enemy, and practice the wreak of his whole people and native Country: although he ought justly to punish the principall authors and bellowes of that univer∣sall rebellion: how much lesse then ought the people that are alwayes subject unto him, and naked of al authority (on their part) presse to judge and overthrow him? other∣wise the people, as the one party contracters, shal no sooner challenge the King as brea∣ker, but he as soone shall judge them as breakers: so as, the victors making the tyners the traitours (as our proverb is) the party shall aye become both judge and party in his owne particular, as I have already said.

And it is here likewise to bee noted that the duty and allegeance, which the peo∣ple sweareth to their Prince is not only bound to themselves, but likewise to their law∣full heires and posterity, the lineall succession of Crowns being begun among the peo∣ple of God, and happily continued in diverse Christian common wealths. So as no ob∣jection either of heresie, or whatsoever private statute or Law may free the people from their oath given to their King. and his succession, established by the old funda∣mentall Lawes of the kingdom. For, as he is their heritable Over-lord, and so by birth,

not by any right in the coronation, commeth to his Crowne; it is a like unlawfull (the crowne ever standing full) to displace him that succeedeth thereto, as to eject the for∣mer. For at the very moment of the expiring of the King raigning, the nearest and law∣full heire entreth in his place. And so to refuse him, or intrude another; is not to hold out uncomming in; but to expell, and put out their righteous King. And I trust at this time whole France acknowledgeth the superstitious rebellion of the liguers; who upon pretence of heresie, by force of armes held so long out, to the great desolation of their whole Country, their native and righteous King from possessing of his own crown and naturall kingdom. Not that by all this former discourse of mine, & Apology for Kings, I meane that whatsoever errours and intollerable abhominations a Soveraigne Prince commit, he ought to escape all punishment, as if thereby the world were only ordained for Kings, and they without controlement to turne it upside down at their pleasure But by the contrary, by remitting them to God (who is their only ordinary Iudge) I remit them to the forest and sharpest schoole. Master that can be devised for them. For the further a King is preferred by God above all other rankes and degrees of men, and the higher that his feate is above theirs, the greater is his obligation to his maker. And therefore in case hee forget himselfe (his unthankfulnesse being in the same measure of height the sadder and sharper will his correction be: and according to the greatnesse of the height he is in, the waight of his sale will recompence the same. For the further that any person is obliged to God, his offence becom and growes so much the greates, then it would bee in any other. Ioves thunder-claps light oftner, and sorer upon the high & stately Oakes, then on the low and supple willow trees. And the highest bench is sliddriest to sit upon. Neither is it ever heard that any King forgets himselfe towards God, or in his vocation; but God with the greatnes of the plague revengeth the great∣nesse of his ingratitude Neither think I by the force & argument of this my discourse so to perswade the people, that none will hereafter be raised up, and rebell against wic∣ked Princes. But remitting to the justice and providence of God to stirre up such scour∣ges as pleaseth him, for unishment of wicked Kings (who made the very vermine and filthy dust of the earth to bridle the insolency of proud Pharaoh) my only purpose and it tention in this treatise is to perswade, as far as lyeth in me, by these sure and infallible grounds, all such good Christian Readers, as beare not only the naked name of a Chri∣stian, but kith the fruits thereof in their daily forme of life, to keepe their hearts and hands free from such monstrous and unnaturall rebellions, whensoever the wickednes of a Prince shall procures the same at Gods hands: that, when it shall please God to cast such such scourges of Princes, and instruments of his fury in the fire, ye may stand up with cleane hands, and unspotted consciences, having proved your selves in all your actions true christians toward God, and dutifull subjects towards your King, having re∣mitted the judgment and punishment of all his wrongs to him, whom to only of right it appertaineth. But craving at God, and hoping that God shall continue his blessing with us, in not sending such fearefull desolation, I heartily wish our Kings behaviour so to be, and continue among us, as our God in earth, and loving Father, indued with such properties as I described a King in the first part of this Treatise. And that ye (my deare Country men and charitable readers) may presse by all meanes to procure the prospe∣rity, and welfare of your King: that, as he must on the one part thinke a I his earthly felicity and happinesse grounded upon your weale; caring more for himselfe for your sake then for his own, thinking himselfe only ordained for your weale; such holy and happy emulation may arise betwixt him, and you, as his care for your quietnesse, and your care for his honour and preservation, may in all your actions daily strive toge∣ther: that the Land may thinke themselves blessed with such a King, and the King may thinke Himselfe most happie in ruling over so loving and obedient Sukjects.

FINIS.

Notes

• * 1.1

  Psal 82.6.
• * 1.2

  Psal. 101. 2 King 18. 2 Chro 29. 2 Kin 22. & 23.2.34, & 35. Psal 72 1 King. 3. Rom. 13. 1 Sam. 8. Ier 29.
• * 1.3

  1 Sam. 15.
• * 1.4

  1 Sam 2.4 1 Sam ••.
• * 1.5

  Ie: 27.
• * 1.6

  Ier. 29.
• * 1.7

  Ie. 13.