THE TRUE LAW OF FREE MONARCHY, OR THE RECIPROCAL and mutual duty betwixt a free KING and His natural Subjects. By a well affected subject of the Kingdom of SCOTLAND. LONDON, Printed, and are to be sold by T. P. in Queens-head-Alley in Pater noster-row, 1642. An Advertisement to the Reader. ACcept, I pray you, (my dear Countrymen) as thankfully this Pamphlet that I offer unto you, as lovingly it is written for your weal. I would be loath both to be faschious and fectlesse. And therefore, if it be not sententious, at least it is short. It may be ye miss many thing that ye look for in it. But for excuse thereof, consider rightly that I only lay down herein the true grounds, to teach you the right way, without wasting time upon refuting the adversaries. And yet I trust, if ye will take narrow tent, ye shall find most of their great guns paid home again, either with contrary conclusions, or objections, suppose in a dairned form, and indirectly. For my intention is to instruct, and not irritat, if I may eschew it. The profit I would wish you to make of, it is, as well so to frame all your actions according to these grounds, as may confirm you in the course of honest and obedient subjects to your King, in all times coming, as also, when ye shall fall in purpose with any that shall praise or excuse the bypast rebellions, that break forth either in this Country or in any other, ye shall herewith be armed against their Siren songs, laying their particular examples to the square of these grounds. Whereby ye shall sound keep the course of righteous judgement, discerning wisely of every action, only according to the quality thereof, and not according to your prejudged conceits of the committers. So shall ye, by reaping profit to yourselves, turn my pain into pleasure. But least the whole Pamphlet run out at the gaping mouth of this Preface, if it were any more enlarged: I end, with committing you to God, and me to your charitable censures. C. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The true Law of free Monarchies, Or the reciprocke and mutual duty betwixt a free King and his natural 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 allegiance, according to the form of Government established among them, especially in a Monarchy, (which form of Government, as resembling the Divinity, approacheth nearest to perfection, as all the learned and wise men from the beginning have agreed upon: Unity being the perfection of all things) So hath the ignorance, 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 Commonwealths; and heaped heavy calamities, threatening utter destruction upon others. And the smiling success, that unlawful rebellions have oftentimes had against Princes in ages past (such hath been the misery, and iniquity of the time) hath by way of practice strengthened many in their error: albeit there cannot be a more deceivable argument; then to judge by the justness of the cause by the event thereof; as hereafter shall be proved more at length, And among others, no Commonwealth, that ever hath been since the beginning, hath had greater need of the true knowledge of this ground, than this our so long disordered and distracted Commonwealth hath: the misknowledge hereof being the only spring, from whence have flowed so many endless calamities, miseries, and confusions, as is better felt by many, than the cause thereof well known, and deeply considered. The natural zeal therefore, that I bear to this my native Country, with the great pity I have to see the solong disturbance thereof, for lack of the true knowledge of this ground (as I have said before) hath compelled me at last to break silence, to discharge my conscience to you, my dear Countrymen herein, that knowing the ground from whence these your many endless troubles have proceeded, as well as ye have already toolong tasted the bitter fruits thereof, ye may by knowledge, and eschewing of the cause escape, and divert the lamentable effects that ever necessarily follow thereupon. I have chosen then only to set down in this short Treatise the true grounds of the mutual duty, and allegiance betwixt a free and absolute Monarch, and his people; not to trouble your patience with answering the contrary propositions, which some hath not been ashamed to set down in writ, to the poisoning of infinite number of simple souls, and their own perpetual, and well deserved infamy. For by answering them, I could not have eschewed whiles to pick, and by't well saltly their persons: which would rather have bred contentiousness 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 fundamental Laws of our own Kingdom, which nearest must concern us: thirdly, from the Law of nature, by divers similitudes drawn out of the same: and will conclude sin by answering the most weighty and appearing incommodities that can be objected. The Prince's 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. King's are called Gods by the Prophetical King David, Psal 82.6. 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, 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. To advance the good, and punish the evil, as he likewise saith: To establish 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 Solomon did: To be the Minister of God for the weal of them that do well, and as the Minister of God, to take vengeance upon them that do evil, 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 Prince's prosperity the people's peace may be procured, as Jeremy saith. And therefore in the Coronation of our own Kings, as well as of every Christian Monarch, they give their oath, first to maintain the Religion presently professed within their Country, according to their laws, whereby it is established, and to punish all those that should press to alter, or disturb the profession thereof: And next, to maintain all the lowable and good laws made by their predecessors, 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 Country, and every state therein, in all their ancient privileges, and liberties, as well against all sorraine enemies, as among themselves: And shortly to procure the weal and stourishing of his people, not only in maintaining and purting to execution the old lowable laws of the Country, and by establishing of new (as necessity and evil manners will require) but by all other means possible 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, and careful watchman, caring for them more than for himself, knowing himself 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 peril of his soul, to procure the weal of both souls 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 clearest, civil and fundamental law, whereby the King's office is properly defined. By the law of nature the King becomes a natural Father to all his Liege's at his Coronation. And as the father of his fatherly duty is bound to care for the nourishing, education and virtuous government of his children: even so is the King bound to care for all his subjects. As all the toil, 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 weal: 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, press to prevent the same: So ought the King toward his people. As the Father's wrath & correction upon any of his children, that offendeth, aught 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 Liege's that-offends in that measure. And shortly as the father's chif joy ought to be in procuring his children's well far, rejoicing at their weal, sorrowing and pitying at their evil, to hazard for their safety, travel 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 himself: So ought a good Prince think of his people. As to the other branch of this mutual, and reciproque band, is the duty and allegiance, that the Liege's own to their King. The ground whereof, I take out of the words of Samuel, dited by God's spirit, when God had given him commandment to hear the people's voice in choosing and anointing 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 hearken to their voice: howbeit yet testify unto them, and show them the manner of the King, that shall reign 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 reign over you; he will take your sons, and appoint them to his Charets, and to be his horsemen, and some shall run before his Chariot. 12 Also he will make them his Captains over thousands, and Captains over fifties, and to ear his ground, and to reap 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 Cooks, and Bakers. 14 He will take your Fields, and your Vineyards, 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 man-servants, and your maidservants, and the chief of your young 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 ye shall cry out at that day, because of your King whom ye have chosen you: and the Lord will not hear you at that day. 19 But the people woull not hear the voice 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 battles. 20 And we also would be like all other Nations, and our King shall judge us, and go out before us, and fight our battles. That these words and discourses of Samuel were dited by God's 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. Whereupon it must necessarily follow, that there speeches proceeded not from any ambition in Samuel, as one loath to quite the reins that he so long had ruled, and therefore desirous, by making odious the government of a King, to dissuade 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: Hearken to the voice of the people. And to press to dissuade 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 suit before came not of any ambition in him: which he well proved in praying, and as it were importuning God for the weal of Saul. Yea, after God had declared his reprobation unto him, yet he desisted not, while God himself was wrath at his praying, and discharged his farther suit in that errand. And that these words of Samuel were not uttered, as a prophecy of Saul their first King's defection, it well appeareth, as well because we hear 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 mirror of all the King's behaviours, who it describeth) as likewise in respect that Saul was chosen by God for his virtue, and meet qualities to govern his people: whereas his defection sprung afterhand from the corruption of his own nature, and not through any default in God, whom they that think so, would make as a stepfather to his people, inmaking wilfully a choice of the unmeetest for governing them, since the election of that King lay absolutely and immediately in God's hand. But by the contrary 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 therefore opened up unto them, what might be the intolerable qualities that might fall in some of their Kings, thereby preparing them to patience, not to resist to God's ordinance, but as he would have said. Since God hath granted your importunate suit in giving you a King: as ye have else committed an error in shaking off God's yoke, and overhasty seeking of a King: so beware ye fall not into the next, in casting off also rashly that yoke, which God at your earnest suit 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 therefore in time arm yourselves 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 lieth 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 obedience that the people own to their King in all respects. First, God commanded Samuel to do two things; the one to grant the people their suit in giving them a King; the other to forwarn them, what some Kings will do unto them, that they may not thereafter in their grudging & murmuring say; when they shall feel 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 voice; howbeit yet testify unto them, and show them the manner of the King that shall rule over them. And next, Samuel in execution of this commandment of God, he likewiss doth two things. First, he declares unto them, what points of justice 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 break 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 Chariot. 12 Also he will make them his Captains over thousands, and Captains over fifties, and to ear his ground, and to reap 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 Cooks, and Bakers. The points of justice, that he shall break unto them, are expressed in these words. 14 He will take your Fields, and your Vineyards, 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 blood shall be compelled in lavish and servile offices to serve him. And not content of his own patrimony will make up a rent to his own use out of your best lands. vineyards, orchards & store of cattles. 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 possess 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 yoke, which God through their importunity hath laid upon them) it is expressed in these words. 18 And yet shall cry out at that day, because of your King whom ye have chosen you: and the Lord will not hear 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 grudge and murmur, yet it shall not be lawful to you to cast it off, in respect it is not only the ordinance of God; burr also yourselves have chosen him unto you, thereby renouncing for ever all priiviledges, by your willing consent, out of your hands, whereby in any time hereafter ye would claim and call back unto yourselves again that power, which God shall not permit you to do. And for further taking away of all excuse, and retraction of this their contract, after their consent to underly this yoke with all the burdens 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 battles. As if they would have said; All your speeches and hard conditions shall not scar us, but we will take the good and evil 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 fight our battles, we will more patiently bear any burden that shall please him to lay on us. Now then, since the erection of this Kingdom and Monarchy among the jews and the law thereof may, and aught to be a pattern to all Christian and well founded Monarchies, as being founded by God himself, who by his Oracle, and out of his own mouth gave the law thereof: what liberty can broiling spirits, and rebellious minds claim justly to against any Christian Monarchy: since they can claim 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 forewarned to the people of God, (and yet all rebellion countermanded unto them) if tyrannising over men's persons, sons, daughters and servants; redacting noble houses, and men, and women of noble blood, to slavish and servile offices; and extortion, and spoil 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 appear to be true by the practice oft proved in the same book, we never read, that ever the Prophets persuaded the people to rebel against the Prince, how wicked soever he was. When Samuel by Gods command pronounced to the same King Saul, 1 Sam. 15. that his Kingdom was rend from him, and given to another (which in effect was a degrading 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, scantly, but with great reverence, to touch the garment of the anointed of the Lord, and in his words blessed him: 1 Sam 2.4 1 Sam ●. but likewise, when one came to him vaunting himself untruly to have slain Saul, he without form of process, or trial of his guilt, caused only for guiltiness of his tongue put him to sudden 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 wilderness: where for fault of sustentation, he was fed with the Corbies. And I think no man will doubt but Samuel, David and Elias, had as great power to persuade the people, if they had liked to have employed their credit to uproars and rebellions against these wicked Kings, as any of our seditious preachers in these days of whatsoever Religion, either in this Country 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 lean to the extraordinary examples of degrading or killing of Kings in the Scriptures, thereby to cloak the people's 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 shall be drawn in daily practice; murder under traist, as in the persons of Ahud and jael; theft, as in the persons of the Israelites coming out of Egypt; lying to their parents to the hurt of their brother, as in the person of jacob; shall all be counted as lawful and allowable virtues, as rebellion against Princes. And to conclude, the practice through the whole Scripture proveth the people's obedience given to that sentence in the Law of God: Thou shalt not rail upon the judges neither speak evil of the Ruler of thy people. To end then the ground of my proposition taken out of the Scripture, let two special and notable examples, one under the law, another under the evangel, je: 27. conclude this part of my alled geance. Under the law, jeremy threatneth the people of God with utter destruction for rebellion to Nabuchadnezzar the King of Babel, who although he was an Idolatrous persecutor, a foreign King, a Tyrant, & usurper of their liberties; yet in respect they had once received & acknowledged him for their King, jer. 29. he not only commandeth them to obey him, out even to pray for his prosperity, adjoining the reason to it; because in his prosperity stood their peace. And under the Euangell that King, whom Paul bids the Romans' Obey and serve for conscience sake, je. 13. was Nero that bloody Tyrant, an infamy to his age, and a monster to the world, being also an Idolatrous persecutor, as the K. of Babel was. If then Idolatry & defection from God, tyranny over their people, & persecution of the Saints, for their profession sake, hindered not the spirit of God to command his people under all highest pain to give them all due and hearty obedience for conscience sake, giving to Caesar that which was Caesar's, and to God that which was Gods, as Christ saith, and that this practice throughout the book of God agreeth with this law, which he made in the erection of that Monarchy (as is at length before deduced) what shameless presumption is it to any Christian people now a days to claim to that unlawful liberty, which God refused 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 allegiance of the people to their lawful King, their obedience, I say, aught to be to him, as to God's Lieutenant in earth, obeying his commands in all things, except directly against God, as the commands of God's Minister, acknowledging him a Judge set by God over them, having power to judge them, but to be judged only by God, whom to only he must give count of his judgement; 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 lawful commands, eschewing and flying his fury in his unlawful, without tesistance, but by sons and ears 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 allegiance, that the heges own to their Native King, out of the fundamental and Civil Law, especially of this Country, as I promitted, the ground must first be set down of the first manner of establishing the Laws and form of government among us: that the ground being first right laid, 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 beginning of Kings rising among Gentiles, in the time of the first age, divers commonwealths and societies of men choosed out one among themselves, who for his virtues and valour, being more eminent than the rest, was chosen out by them, and set up in that room, to maintain the weakest in their right, to throw down oppressors, and to foster and continue the society among men; which could not otherwise, but by virtue of that unity be well done yet these examples are nothing pertinent to us; because our kingdom and divers other Monarchies are not in that case, but had their beginning in a far contrary fashion. For as our Chronicles bear witness, 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 himself master of the Country by his own friendship, and force, as well of the Ireland-men that came with him, as of the Countrymen that willingly fell to him, he made himself King and Lord, as well of the whole lands, as of the whole inhabitants within the same. Thereafter he and his successors, a long while after their being Kings, made and established their laws 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 persuade us, that the Laws and state of our country were established before the admitting of a King: whereby the contrary ye see it plainly proved, that a wise King coming among barbares, first established the estate and form of government, and thereafter made daws by himself, and his successors according thereto. The Kings therefore in Scotland were before any estates or ranks of men within the same, before any Parliaments were holden, or Laws made: and by them was the Land distributed (which at the first was whole theirs) states erected and discerned, and forms of government devised and established. And so it follows of necessity, that the Kings were the authors and makers of the laws, and not the laws of the Kings. And to prove this my assertion more clearly, it is evident by the Rolls of our Chancellery (which contain our eldest and fundamental laws) 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 tack to few, from ●ord to blanche, erecteth new Baronies, and uniteth old, without advice or authority of either Parliament, or any other subalterin judicial seat. So as if wrong might be admitted in play (albert I grant wrong should be wrong in all persons) the King might have a better colour for his pleasure, without further reason, to take the land from his liege's, as over-lord of the whole, and do 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 unlawful, and against the ordinance of God, aught to be alike odious to be thought, much less put in practice. And according to these fundamental laws already alleged, we daily see that in the Parliament (which is nothing else but the head Court of the King, and his vassals) the laws are but craved by his subjects, and only made by him at their rogation, and with their advice. For albeit the K. make daily statutes and ordinances, enjoining such pains thereto as he thinks meet, without any advice of Parliament or estates; yet it lies in the power of no Parliament, to make any kind of law or statute, without his Sceptre be to it, for giving it the force of a law. And although divers changes have been in other Countries of the blood Royal, and kingly house, the Kingdom 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 King's 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 Normandy came into England, and made himself King, was it not by force, and with a mighty army? Where he gave the Law, and took none, changed the laws, inverted the order of government, see down the strangers his followers in many of the old possessors rooms, 〈◊〉 this day well appeareth a great part of the Gentlemen in England, being come of the Norman blood, and their old Laws, 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 Crown to this day. Whereof 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 hoards, of want of Heirs and of Bastardies. For if a ●oord be found under the earth, because it is no more in the keeping or use of any person, it of the Law pertains to the King. If a person, inheritor of any lands or goods, die without any sort of heirs, all his lands and goods return to the King. And if a bastard die unrehabled without heirs of his body (which rehabling only lies in the King's hinds) all that he hath likewise returns to the King. And as ye see it manifest, that the King is Over-Lord of the whole Land: So is he 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 clear Law: Yet the same Laws, whereby he taketh them, are made by himself, or his predecessors. And so the power flows always from himself: As by daily experience we see, good and just Princes will from time to time make new laws and statutes, adjoining the penalties to the breakers thereof: which before the Law was made, had been 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 certainly a King, that governs not by law, can neither be countable to God for his administration, nor have a happy and established Reign. For albeit it be true that I have at length proved, that the King is above the Law, as both the Author, and giver of strength thereto: yet a good King, will not only delight to rule his subjects by the Law; but even will conform himself in his own actions thereunto, always keeping that ground, that the health of the commonwealth be his chief Law. And where he sees the Law doubt-some or rigorous, he may interpret or mitigate the same: lest otherwise Summum jus be summairjuria. And therefore general laws, made publicly in Parliament, may upon known respects to the King by his authority be mitigated, and suspended upon causes only known to him. As likewise, although I have said, a good king will frame all his actions to be according to the Law: yet is he 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 eat flesh. And although by our Laws, the bearing & wearing of hagbuts, & Pistolets be forbidden, yet no man can unde any fault in the King, for causing his train use them in any rayed upon the Bordourers, or other malefactors or rebellious subjects. So as I have already said, a good King, although he be above the Law, will subject and frame his actions thereto, for example's sake to his subjects, and of his own freewill, but not as subject or bound thereto. Since I have so clearly proved then out of the fundamental laws & practise of this Country, what right and power a King hath over his land and subjects, it is easy to be understood, what allegiance and obedience his liege's own unto him I mean always of such free Monarchies as our King is, and not of elective Kings, and much less of such sort of governor's, 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 been ashamed to mis-know any difference to be betwixt them. And if it be not lawful to any particular Lords tenants or vassals, upon whatsoever pretext, to control and displace their master, and Over-lord (●s is clearer no● the Sun by all laws of the world) how much less may the subjects and vassals of the great Over-lord the King control or displace him? And since in all inferior judgements in the Land, the people may not upon any respects displace their Magistrates, although but subaltern: for the people of a borough, cannot displace their provost before the time of their election: nor in Ecclesiastical policy the flock can upon any pretence displace the pastor, nor judge of him yea even the schoolmaster cannot be displaced by his scholars. If these, cannot be displaced for any occasion or pretext by them that are ruled by them: much less is it lawful upon any pretext to control or displace the great Provost, and great Schoole-muster of the whole land: except by inverting the order of all Law and reason, the commanded may be made to command their commander, the judged to judge their Judge, and they that are governed, to govern their time about their Lord and governor. And the agreement of the Law of nature in this our ground with the Laws and constitutions of God, and man, already alleged, will by two similitudes easily appear. 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 Princes, and Magistrates of the people of God acknowledged themselves to their subjects And for all other well ruled commonwealths, the stile of Pater-Patria was ever, and is commonly used to Kings. And the proper office of a King towards his subjects agrees very well with the office of the head towards the body, and all members thereof. For from the head, being the seat of judgement, proceedeth the care and foresight of guiding, and preventing all evil 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 discourse and direction flows from the head, and the execution according thereunto belongs to the rest of the members, every one according to their office: so is it betwixt a wise Princes, and his people. As the judgement coming from the head may not only employ the members, every one in their own office, as long as they are able 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 fear 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 he troubled, all the members are partakers of that pain, so is it betwixt the Prince and his people. And now first for the father's part (whose natural love to his children I described in the first part of this my discourse, speaking of the duty that Kings own to their subjects) consider, I pray you what duty his children own to him, and whether upon any pretext whatsoever, it will not be thought monstrous and unnatural to his sons, to rise up against him, to control him at their appetite, and when they think good, to slay him, or to cut him off, and adopt to themselves any other they please in his room. Or can any pretence of wickedness or rigour on his part be 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 lawful for them to meet him with the line? Yea, suppose the Father were furiously following his sons with a drawn sword: is it lawful for them to turn, and strike again, or make any resistance but by flight? I think surely, if there were no more but the example of bruit beasts, and unreasonable creatures, it may serve well enough to qualine and prove this my argument. We read often the piety that the Storks have to their old and decayed parents. And generally we know, that there are many sorts of beasts and fowls, that with violence and many bloody strokes will beat and banish their young ones from them, how soon 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 aught to be reasonable creatures, and yet unnaturally follow this example, to be endued 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 reader's judgement. 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 weal of it, may for any infirmity that can be in the head, strike it off: then I cannot deny that the people may rebel, control, and displace, or cut off their King at their pleasure, and upon respects moving them. And whether these similitudes represent better the office of a King; or the offices of Masters or Deacons of crafts, or Doctors in Physic (which jolly comparisons are used by such writers as maintain the contrary 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. principal and most weighty doubts, that the adverseries may object, conclude this discourse. And first it is casten up by divers, that employ their pens upon Apologists for rebel sons and treasons, that every man is borne to carry such a natural zeal and duty to his commonwealth, as to his mother; that seeing it so rend, and deadly wounded, as whiles it will be by wicked & tyrannous Kings, good Citizans will be forced, for the natural zeal and duty they own to their own native Country, to put their hard to work for freeing their commonwealth from such a pest. Whereunto I give two answers. First, it is a sure Axiom in Theology, that evil should not be done, that good may come of it. The wickedness therefore of the King can never make them that are ordained to be judged by him, to become his Judges. And if it be not lawful to a private man to revenge his private injury upon his private adversary (since God hath only given the sword to the Magistrate) how much less is it lawful to the people, or any part of them (who all are but private men, the authority being always with the Magistrate, as I have already proved) to take upon them the use of the sword, whom to it belongs not, against the public Magistrate, whom to only it belongeth. Next, in place of relieving the Commonwealth out of distress (which is their only excuse and colour) they shall heap double distress 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 commonwealth will be kept in better order, notwithstanding thereof, by him, than it can be by his way-taking For first, all sudden mutations are perilous in commonwealths, hope being thereby given to all bare men to set up themselves, and fly with other men's feathers, the reins being loosed to all the insolences that disordered people can commit by hope of impanity, because of the looseness of all things. And next, it is certain that a King can never be so monstrously vicious, but he will generally favour justice, and maintain some order, except in the particulars, wherein his inordinate lusts and passions carry him away: where by the contrary, no King being, nothing is unlawful to none: And so the old opinion of the Philosophers proves true, that better it is to live in a Commonwealth, where nothing is lawful, then where all things are lawful to all men: the Commonwealth 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 reform, utterly to over th●ow the Republic. The second objection they ground upon the curse, that hangs over the common wealth, where a wicked King reigneth. And, say they, there cannot be more acceptable deed in the sight of God, nor more dutiful to their commonweal, than to free the Country of such a curse, and vindicate to them their liberty, which is natural to all creatures to crave. Whereunto, for answer, I grant indeed, that a wicked K. is sent by God for a curse to his people, and a plague for their sins. But that it is lawful to them to shake off that curse at their own hand, which God hath laid on them, that I deny, and may so do justly. Will any deny that the King of Babel was a curse to the people of God, as was plainly fore spoken and threatened unto them in the prophecy of their Captivity? And what was Nero to the Christian Church in his time? And yet jeremy and Paul (as ye have else heard) commanded them not only to obey them, but hearty to pray for their welfare. It is certain 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 only lawful means to move God to relieve them of that heavy curse. As for vindicating to themselves their own liberty, what lawful power have they to revoke to themselves again those privileges, which by their own consent before were so fully put out of their hands? For if a Prince cannot justly bring back again to himself the Privileges once bestowed by him or his predecessors upon any state, or rank of his subjects: how much less may the subjects reive out of the Prince's 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 success to their treasonable attempts, furnisheth them the ground of their third objection. For, say they, the fortunate success that God hath so oft given to such enterprises, prooveth plainly by the practice, that God favoured the justness of their quarrel. To the which I answer, that it is true indeed, that all the success of battles, as well as other worldly things, lieth only in God's hand. And therefore it is that in the Scripture he takes to himself the God of Hosts. But upon that general to conclude, that he ever gives victory to the just quarrel, would prove the Philistims, and divers other neighbour enemies of the people of GOD, to have oftimes had the just quarrel against the people of GOD, in respect of the many Victories they obtained against them. And by that same argument they had just quarrel against the A●●ke of God. For they won 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 combats are disallowed: which are only made upon pretence that God will kith thereby the justice of the quarrel. 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 quarrel; and when he hath done, cast his scourge on the fire: as he oftentimes did to his own people stirring up and strengthening their enemies, while they were humbled in his sight, and then delivered them in their hands. So God, as the great judge may justly punish his deputy, and for his rebellion against him, stir up his rebels to meet him with the like. And when it is done, the part of the instrument is no better than the devil's part is in tempting 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 deceivable argument, to judge of the cause by the event. And the last objection is grounded upon the mutual 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 mutual paction, and contract bound up, and sworn betwixt the King, and the people. Whereupon it followeth, that if the one part of the contract or the Indent be broken upon the King's side, the people are no longer bound to keep 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 break unto him. As to this contract alleged 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 allege: yet I confess, that a King at his coronation, or at the entry to his Kingdom, willingly promiseth to his people, to discharge honourably and truly the office given him by God over them. But presuming that thereafter he break his promise unto them never so inexcusable, the question is, who should be judge of the break, giving unto them this contract were made unto them never so sicker, according to their allegiance. I think no man that hath but the smallest entrance in the civil Law, will doubt that of all law either civil or municipal of any nation a contract cannot be thought broken by the one party, and so the other likewise to be freed therefrom except that first a lawful trial & cognition be had by the ordinary judge 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 doubtless the only judge, both because to him only the King must make count of his administration (as is oft said before) as likewise 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 only judge betwixt the two parties contractors, the cognition and revenge must only appertain to him. It follows therefore of necessity, that God must first give sentence 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 upon himself the office of God, may by this argument easily appare: And shall it lie in the hands of headless 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 violence they kithe themselves to be most passionate parties, to use the office of an ungracious judge or Arbiter? Nay, to speak truly of that case, as it stands betwixt the King and his people, none of them ought to judge of the others break. For considering rightly the two parties at the time of their mutual promise, the King is the one party, and the whole people in one body are the other party And therefore since it is certain, 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 himself free of his promise and oath become an utter enemy, and practise the wreak of his whole people and native Country: although he ought justly to punish the principal authors and bellows of that universal rebellion: how much less than ought the people that are always subject unto him, and naked of all authority (on their part) press to judge and overthrow him? otherwise the people, as the one party contracters, shall no sooner challenge the King as breaker, but he as soon shall judge them as breakers: so as, the victors making the tyners the traitors (as our proverb is) the party shall aye become both judge and party in his own particular, as I have already said. And it is here likewise to be noted that the duty and allegiance, which the people sweareth to their Prince is not only bound to themselves, but likewise to their lawful heirs and posterity, the lineal succession of Crowns being begun among the people of God, and happily continued in divers Christian common wealths. So as no objection either of heresy, or whatsoever private statute or Law may free the people from their oath given to their King. and his succession, established by the old fundamental Laws of the kingdom. For, as he is their heritable Over-lord, and so by birth, not by any right in the coronation, cometh to his Crown; it is a like unlawful (the crown ever standing full) to displace him that succeedeth thereto, as to eject the former. For at the very moment of the expiring of the King reigning, the nearest and lawful heir entereth in his place. And so to refuse him, or intrude another; is not to hold out uncomming in; but to expel, 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 heresy, by force of arms held so long out, to the great desolation of their whole Country, their native and righteous King from possessing of his own crown and natural kingdom. Not that by all this former discourse of mine, & Apology for Kings, I mean that whatsoever errors and intolerable abominations a Sovereign Prince commit, he ought to escape all punishment, as if thereby the world were only ordained for Kings, and they without controlment to turn it upside down at their pleasure But by the contrary, by remitting them to God (who is their only ordinary judge) I remit them to the forest and sharpest school. Master that can be devised for them. For the further a King is preferred by God above all other ranks and degrees of men, and the higher that his feat is above theirs, the greater is his obligation to his maker. And therefore in case he forget himself (his unthankfulness being in the same measure of height the sadder and sharper will his correction be: and according to the greatness of the height he is in, the weight of his sale will recompense the same. For the further that any person is obliged to God, his offence become and grows so much the great, than it would be in any other. Ioves thunderclaps light oftener, and sorer upon the high & stately Oaks, 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 himself towards God, or in his vocation; but God with the greatness of the plague revengeth the greatness of his ingratitude Neither think I by the force & argument of this my discourse so to persuade the people, that none will hereafter be raised up, and rebel against wicked Princes. But remitting to the justice and providence of God to stir up such scourges as pleaseth him, for unishment of wicked Kings (who made the very vermin and filthy dust of the earth to bridle the insolency of proud Pharaoh) my only purpose and it tention in this treatise is to persuade, as far as lieth in me, by these sure and infallible grounds, all such good Christian Readers, as bear not only the naked name of a Christian, but kith the fruits thereof in their daily form of life, to keep their hearts and hands free from such monstrous and unnatural rebellions, whensoever the wickedness of a Prince shall procures the same at God's 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 clean hands, and unspotted consciences, having proved yourselves in all your actions true christians toward God, and dutiful subjects towards your King, having remitted the judgement 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 fearful desolation, I hearty wish our King's behaviour so to be, and continue among us, as our God in earth, and loving Father, endued with such properties as I described a King in the first part of this Treatise. And that ye (my dear Country men and charitable readers) may press by all means to procure the prosperity, and welfare of your King: that, as he must on the one part think a I his earthly felicity and happiness grounded upon your weal; caring more for himself for your sake then for his own, thinking himself only ordained for your weal; such holy and happy emulation may arise betwixt him, and you, as his care for your quietness, and your care for his honour and preservation, may in all your actions daily strive together: that the Land may think themselves blessed with such a King, and the King may think Himself most happy in ruling over so loving and obedient Sukjects. FINIS.