GOD and the KING: OR, THE DIVINE CONSTITUTION OF THE SUPREME MAGISTRATE; ESPECIALLY In the Kingdom of ENGLAND: Against all popular Pretenders whomsoever. by Judge Jenkins Published for the satisfaction of the weak: Being a private Discourse of a Reverend Judge, with some Commanders of the Army, for their satisfaction, by their desire. DAN. 2.37. The God of heaven hath given thee a Kingdom, and Power. Printed in the Year, 1649. TO THE READER. IN this Argument, the best and safest Ground for thy Judgement and Conscience, is the Word of God, with the Law of the Land. And from both these, the Divine origin, and Supremacy of the King of England, is declared, and confirmed to thee. As thou art English or Christian, thou canst not expect more than Scripture and Law for thy satisfaction. And if thou acquiesce not in these, I shall not care to satisfy thee: And (for all thy professions of Godliness and Honesty) thou shalt be to me as an Heathen and Libertine. GOD and the KING, etc. GOd hath a Natural Dominion over, God's Dominion Natural and Universal. and the Universal Government of the whole world, Zach. 4.14. Psal. 97.1.99.1.94.1, 2. The Supreme Magistrate (whosoever, The Supreme Magistrate hath his power from God. and wheresoever) hath his Power by way of Commission from God: I have said, ye are Gods, Psal. 82.6. John 10.34. And they are called Gods (saith M. Perkins) because they partake of his Power in their Authority, Psal. 95.3. 1 Tim. 6.15. and of his Glory in their Majesty. The utmost of the Magistrates Power, The utmost of the Magistrates Power. is the Power of the Sword, Rom. 13.4. i e. The Power of Life and Death; for the more effectual suppressing of Vice, and Punishing and Restraining of Sinne. And with this power is he armed by God, say the Assembly of Divines in their confession of Faith, Chap. of the Civil Magistrates. Nor can the People confer this Power on him. Because, 1. The People cannot confer this power. As Men, They have not Power over their own, much less over one another's Lives; All, and every of them, being under the Commandment, Non occides, Thou shalt not Kill. 2. As Christians, They must not resist evil, Mat. 5.39. nor revenge themselves, Psal. 94.1, 2. Rom. 12.39. For it is written, Vengeance is mine, I will repay, saith the Lord, And he maketh the Magistrate his Minister, a Revenger to execute wrath upon him that doth evil, Rom. 13.4. And, in this case, the People can ordain outward Forms, only of Offices and Judicatories, without Divine Authority or Power: God constitutes the Supreme Magistrate in every Kingdom and State. And so their seeming Legal Proceed, and executions of Justice, are, indeed, nothing else but Real, and Revengeful Murders. And as God conferreth the Power, so doth he Constitute the Governor, in every Kingdom and State, He removeth Kings, and setteth up Kings, Dan. 2.21. He ruleth in the Kingdom of Men, and giveth it to whomsoever he will, Dan. 4.17.25.32. God gave order to Samuel to Anoint, first, Saul, 1 Sam. 9.15. How he made Saul and David Kings. then David, King, 1 Sam. 16 12. And, afterwards, he settled the Kingdom in David's Family, 2 Sam. 7.11.12. And God tells us by S. Paul, Luke 12.11.2 Chron. 9 ●. That the higher Power is his Ordinance, Rom. 13.1.2. And his Minister, Ver. 4. Ordained and Constituted his Lieutenant, to Rule and Govern by him, and for him. And, at this day, he Constituteth them in some places, How God makes Kings at this day. by the People's election, and with us by Hereditary succession, Jam. 1.1. But howsoever Constituted, the Supreme Magistrate is God's Ordinance; and he that Resisteth him, resisteth the Ordinance of God; and they that Resist shall receive to themselves Damnation, Rom. 13.2. Now the great Question, and only doubt to be Resolved, is, Whether the King be the Supreme Magistrate. S. Paul's Character of the Supreme Magistrate applied to the King. Who, with us, is the Supreme Magistrate? Whether the King, or the Lords and Commons Assembled in Parliament? I answer, and prove, the King to be the Supreme Magistrate, that Character which S. Paul gives of him, Rom. 13. The higher Power to whom ever Soul is subject, Verse 1. And, with us, the King is that higher Power, from whom all Authority and Jurisdiction is derived, 1 Edw. 6. c. 2. And to whom every Subject owes Homage, and faith of Member, Life, and earthly Honour, 6 Edw. 1. Com. Sur. Little. 85. The Minister of God having the power of the Sword, for defence of the good, and punishment of evil doers, Verse 3, 4. And, with us, the King hath full power in all cases to do Justice to all men, 24 Hen. 8. cap. 12. And the punishment of all offenders belongs to the King, Mar. 1.1. And all Judges and Ministers of Justice, have their power in this case by Commission from him, 27 Hen. 8. c. 4. Lastly, the sole power of pardoning Treasons, and Felonies, belongs to the King, Ibid. The Person to whom Tribute is due, and Customs, and Fear, and Honour, Ver. 7. which is, the King. Wherefore we must needs be subject (to the King) not only for wrath, but also for Conscience sake, Rom. 13.5. Secondly, The King's Supremacy asserted by the Laws of the Land. the King's Supremacy is asserted by the Laws of the Land, and by several Acts of Parliament, whereto the Lords and Commons themselves have assented. Bracton, Bracton. a Learned Lawyer, living in the Time of Hen. 3. tells us, Every one is under the King, and he under none but God alone, Lib. 4. Cap. 24. Sect. 5. The Regality of the Crown of England is immediately subject to God, 16 Ric. 2. c. 5. and to none other, 16 Rich. 2. c. 5. 24 Hen. 8. c. 12. 24 Hen. 8 c. 12. The Realm of England is an empire, and so hath been accepted in the world, Governed by one Supreme Head, and King, having the Dignity, and Royal estate of the Imperial Crown of the same, unto whom a Body Politic compact of all sorts, and degrees of People, been bounden, and owen, to bear next to God, a natural and humble obedience. 25 Hen. 8. c. 21. 25 Hen. 8. c. 21. The Commons acknowledge no Superior to the King under God. 1 Eliz. 1. 1 Eliz. 1. The Oath of Supremacy is framed; Declaring, the King to be the one Supreme Governor in all Causes, and over all Persons; etc. And the said Act is but a Declaration of the Ancient Law, Cawdries Case, 5. part fol. 1. And no Person in any Parliament hath a voice in the House of Commons unless he take this Oath, 5 Eliz. 1. 1 Jac. 1. 1 Jac. 1. The Lords and Commons Assembled in Parliament tell us, That in the High Court of Parliament, all the Body of the Realm is either in Person, or by Representation (upon their own free election) And they acknowledge King James to be their only Rightful, and Lawful King, Lord, and Sovereign: And they submit themselves, and their Posterities to His Majesty, and His Royal Progeny; and Posterity for ever. And in this present Parliament in their Addresses to the King do the Lords and Commons acknowledge Him their gracious Sovereign, and themselves His Majesty's Subjects. Now the Law makes not the Servant greater than his Master, nor the Subject greater than the King; for that were to subvert Order and Measure. Lastly, the King calls, adjourns, prorogues, and dissolves the two Houses at pleasure: therefore He is Superior to them. Though at this time the exercise of that Kingly Power be suspended by the Act of Continuation; whereby nevertheless, the two Houses were enlarged in Time only, not in Power. And whatsoever is pretended, The power of the Lords and Commons in Parliament. the Lords and Commons assembled in Parliament have, in truth, no more power than what the Kings Writ of Summons gives them. And the Lords are summoned, To Consult, and Treat with the King upon matters of great Concernment touching the King, the Defence of the Kingdom, and Church of England: And the Commons, To Do, and Consent to such things as shall be ordained by Common Counsel in Parliament. And this is all the Power that the Knights, Citizens, and Burgesses, have from the Places, for which they serve. The Power of Magistracy, is not, cannot be, from the People, The King the Representative of God; the Parliament of the People. but from God: And so the King, the Representative of God, must needs be Superior to the Parliament the Representative of the People. Thus in the Order of Government God hath the first place, The Order in Government. throughout the world: And next under God is the Supreme Magistrate in all places of the world: And, in England, the KING is the supreme Governor, inferior to none but God alone His Minister to protect, and punish; and, under him, the Fountain of all Authority, Power, and Justice, in the Kingdom: To whom every one owes homage, and the whole Body of the Realm a natural and humble obedience, as to their Head; and faith and allegiance, as to their only rightful and lawful Lord and Sovereign. Now the means, and manner, whereby the KING of England obtains the Government thereof, is set forth, 1 Jac. 1. where the Lords and Commons assembled in Parliament, How the Crown descends to the King. (being bounden thereunto both by the Laws of God, and Man) do recognize and acknowledge, That immediately upon the Dissolution and Decease of Eliz. late Queen of England, the Imperial Crown of the Realm of England, and of all the Kingdoms, Dominions, and Rights, belonging to the same, did by inherent Birth right, and lawful, and undoubted Succession descend, and come, to His most excellent Majesty, as being Lineally, Justly, and Lawfully, next, and sole Heir of the Blood Royal of this Realm; And that, Note. by the goodness of God Almighty, and Lawful Right of Descent, he was King of England, etc. And so the saying of Sir Walter Raleigh is verified with us, Lib. Secund. Hist. Mund. Kings are made by God and Laws Divine; and by Humane Laws, only declared to be Kings: Rom. 14.4. And thereupon he observes, That David thought himself accountable only to God, To thee only have I sinned, Psal. 51. Object. But Parliaments have Deposed Kings; and translated the Crown from the Heir of the Blood Royal to others. The Deposers were Traitors, Sol. by the Resolution of all the Judges of England, Cook. 2. part. Instit: cap. of High Treason. And those that came to the Crown by the Title of the Parliament were Usurpers; and Kings only De facto, but not De jure. Nor let us own the Practices of exorbitant Parliaments, but adhere to our legal Oaths of Supremacy and Allegiance, wherein we have sworn to bear faith and true Allegiance, as to the King's Highness, so to His Heirs and lawful Successors: And Him, and Them to defend to the utmost of our power, against all Conspiracies and Attempts whatsoever, which shall be made against His or Their Persons, their Crown, and Dignity. And whereas, They (in former times) did set up Kings, and not by God, Hos. 8.4. We have said, See Junius and Tremelius upon the places. we have no King, what shall a King do unto us? Hos. 10.3. Take all summed up in the Confession of the Church of Scotland, concerning the Civil Magistrate. WE confess, The Confession of the Ch: of Scotland. and acknowledge, Empires, Kingdoms, Dominions, and Cities, to be distincted, and ordained by God; The powers and Authorities in the same (be it of Emperors, in their Empires; Kings, in their Realms; Dukes, and Princes, in their Dominions; And of other Magistrates in their City) to be Gods holy Ordinance, ordained for the manifestation of his glory, and for the singular profit and community of Mankind, so that whosoever goeth about to take away, or confound the whole state of Civil policy, now long established, we affirm the same men not only to be Enemies to Mankind, but also wickedly to fight against Gods expressed will. Fear GOD: Honour the KING 1 Pet. 2.17. FINIS.