The aphorisms of the kingdom.  

1. The Parliament is the moderation of Monarchy. The laws and not the King do command.— Leges non Reges imperant.  
2. The power of it is sufficient to prevent and restrain Tyranny. The King's Reason is the kingdom's ruin. — Ratio Regis Regni ruina.   
1 Sam. 8. 9 10.  

3. The essence of the Law is the free consent of the lawmakers. The power of man's laws is founded in the Will. — Potestas Legislativa fundata est in voluntate.  
4. The sole Reason of the King is not the sound judgement of the kingdom.  
The King's judgement is not the kingdom's judgement.— Judicium Regis no● est judicium Regni. 1 Sam. 8. 10. 1 Sam. 10. 25.  
5. All the VOTES in Parliament are directive to the Law, none destructive.  
A Vote neither compels nor is compelled to Consent.— Votum nec cogit, nec cogitur ad consensum.  
6. The Vote that is directive and coactive, is no ways nomothetical. The chief building Power is most free. — Potestas Architectonica est liberrima.  
7. The negative Vote of a King is no more than the dissent of one man. No man can affirm more than he can deny and contradict. — Nemo potest plus affirmare quam negare, & ●▪ contra.  
8. The affirmative Vote of a King makes not the Law; Ergo, the negative cannot destroy it.  
He that is not the only maker of the Laws cannot only be the destroyer of them. — Qui Legum non est solus conditor, destructor non est.  
9 He that cannot destroy a Law made, cannot destroy it in the making. Whether he shall choose that which is past, or that which is to come, he hath the same will. — Elegerit sive preteritum sive futurum eandem habet voluntatem.  
10. The Power that makes laws, repeals and revives them as reason requires.  
A lawmaker as such cannot make laws to himself.— Legislator quà talis, non potest sibi Legem imponere.  
11. Kings that do good to their Subjects of bounty, would be free of the obligation.  
That bountiful Lords break their Bonds. — Domini benefici, Luke 22. 25. disrumpantur Lora.  
12. Laws are the best directions and obligations for all men to follow. To submit the Principality to the Laws is more than the crown.— Principatum submittere legibus, majus est Imperio.    

The Instructions of God's Word.  1 Sam. 8. 9 10. Now therefore harken unto their voice, howbeit yet protest solemnly unto them, and show them the judgement of the KING that shall reign over them. And SAMUEL told all the words of the Lord to the people that asked of him a KING. And he said, This will be the judgement of the KING that shall reign over you. &c. 
IVdgement is a Word of divers significations, and which to take in this place hath exercised Divines, and some to flatter Kings have told them from this place that they have an absolute right to their kingdoms; and for advantage have translated the word jus Regis, the right of the King, and justified, that no man hath any property in his goods but as the King pleaseth: no owner of aught he hath, but his King by the right God hath given him, may take from him all he hath, and dispose of it for his own use; and Samuel hath yielded so much to the King in this word, as children, servants goods lands, &c. we will therefore investigate and diligently search out the multiplicity of significations, for there is not a word in Scripture of a larger signification; for as understanding which is the largest faculty extends to all things real, intellectual, imaginary; so judgement which is a part of it hath the same extension.  
First, in Scripture it is often taken for the act of the mind to judge those things that Reason hath invented. Secondly, for the rule of Reason by the which those things are judged. Thirdly, for the examples that come under those rules. Fourthly, for the knowledge of causes, controversies, questions, doubts, or whatsoever may be determined by reason. Fiftly, for the power to end and quiet whatsoever may be so controverted. Sixtly, it is taken for the office administration, function or ordination wherein such a power may be executed, Seventhly, for the judgement that passeth from such an Office, as when Solomon had judged that intricate cause between two women for a living child, it is said all Israel heard the judgement which the King judged, and they feared the King, for they saw that the wisdom of God was in him to do judgement, 1 Kings, 3. 28. Eighthly, for the guilt that deserves judgement Luke 24. 20. crima, judgement, is put for the guilt, and so Pilate testifieth, Luke 23. 22. Action, I find no cause to justify my sentence of death. Ninthly, it is used for the punishment itself, 1 King. 20. 40. So shall thy judgement be, thyself hath decided it. Tenthly, it is taken for the manner or custom that is followed by any man. If in this place we take judgement for an act of understanding, and so refer it either to God or the King, it may have this sense, a sinful people have asked a King to judge them; 1 Sam. 8. 5. and they shall have their request with a witness, I will give over my care to judge them, and leave them to such a judgement, as they would have, the King shall deal with them as a Tyrant; for so do the Kings of the Nations, that they desire to be like unto. If we take it for an ordinance appointed of God, than the judgement of God is this, that his ordinance must be obeyed; and so he ties them from rebellion and resistance of the King he shall set over them; for Kings consented unto and anointed of God, may not be rejected at the pleasure of the People, I mean their persons, as for their laws, being the judgements of their own brains against God and truth may be despised and esteemed as they are no rules to live by, or be followed by any that loves the peace of his own conscience, or the common peace of the kingdom, and therefore where God hath given power of better judgement to be followed, we must maintain it and stand by it, against the private judgement of the King himself, and it is no Rebellion to maintain the laws of the kingdom against all such judgements as oppose them, and the distinction between the person of the King and his power is plain enough in this judgement; for further than he is the ordinance of God I am not to obey him, except you will make all his errors God's ordinances▪ and flatter him as BELLARMINE does the Pope, that absolute obedience is due unto him. If the Pope should command vices and prohibit virtues, the Church is bound to believe that vices are good, and virtues bad, unless she will sin against conscience, de Roman. Pont. l. 4. cap. 5. and these elevate this infallible judge in his judgement, that they bring him into the absolute perfections of Christ. We must say that in the high Priest, the Pope, there is the fullness of all graces; because he alone giveth a full indulgence of all sins; that this may agree to him, which we say of the chief Prince our Lord, that of his fullness all we have received. de Regimine Principum, lib. 3. cap. 10. and so if we will be drunk with the drunken, we must rest upon the King's judgement, and to oppose it is as mortal a sin as to reject the judgement of Antichrist. But as we know more obedience is due to his Majesty than the Man of sin; yet we shall be men of sin if we adore the judgement in the Text to be rule enough to yield the King all we have, and that he can do us no injustice in any thing he commands us, or takes from us. If we make it a power, and that to be his judgement, he showeth it in all his actions, for we must hold that just which he doth, and complain of nothing. If we translate it manner and custom, he hath too long been advised by this Text to continue his customs and ill Counsels, to keep us still in such a thraldom of oppression and misery, and this Text would no longer be thought of for the purpose, but that other that Samuel left in writing, 1 Sam. 10. 25. And Samuel told the people the judgement of the kingdom, and wrote it in a book, and laid it up before the Lord, &c.  
This judgement of the kingdom in our books of laws and Parliaments that made them, is all we request, and desire no better proof of his majesty's judgement than the common judgement of our kingdom, which two ways he abandons: First, in taking the laws made in the sense of his own judgement. Secondly, in opposing all laws to be made, except his Vote must be accepted for more than it is. And we may admire seeing his consent is necessary, that his dissent is more than necessary. His consent to the making of a Law is necessary, and if it make it not for his purpose, he hath another help that it shall not be made at all, and so whatsoever Law displeaseth him, shall never be; and consequently all laws depend absolutely upon the King, and when we say the Legislative power is in the Parliament, we do but mock the judgement of it; for the whole power is in the King, and that of the imperial Code is true, Legum conditor, & interpres solus Rex justè existimabitur, the maker and interpreter of laws the King alone is justly to be accounted and reputed. He will not say his Vote alone can make a Law, or give the sense of it, and I would gladly know the reason what disenables him. He hath said many things for himself that will prove it. The Parliament is merely admitted to counsel the King, and that in some points, and may not make a transition to any without his grant, and for the transgression are liable to imprisonment, as long as the King pleaseth: and what is his reason? because they may not command, as if there were nothing in the power of the Parliament but either counsel or command. His majesty had need to look for better Logicians and Philosophers too, than thus to mistake; there is between the understanding and power to command, the will to consent, and the essence of the Law lies wholly in the consent: counsel prepares the matter of the Law in truth, justice and wisdom. Law's should be most true, most just, most wise, Deut. 4. 8. and so are all laws made by God, and such should be the Laws of men: but their understandings come short of the knowledge of the Highest; yet must the counsel thereof be for the Acts, as well as all men's actions, and Solomon commends it from the councillors when they are many. 3. When they are used in all matters of Peace and War. 3. That they establish the Kingdom by Laws. 4. Bring safety unto it, Prov. 11. 14, & 15. 22 & 20. 18. & 24. 6. Command no way makes a Law, it is but the effect of it. The whole Essence lies in the consent of the will, which comes between counsel, and power to command. He that commands either the thing he knows not, or wills not, is an egregious fool: first, Because he commands obedience to ignorance; secondly, To the thing he wills not. His Majesty may understand that the Parliament requires no more, but that He must grant them, Their public counsel, and their common consent; and seeing the first is in the multitude of Counsellors, and the second in the freedom of many; and where the most goes in counsel and consent, there is the Law: for one man's counsel and consent cannot have a greater power than the most, and if it have, it is more than counsel and consent; which is that the King calls Command, and by it proves himself the violater of Laws; for before they be made, no man may command them, and to command the making and votes, is violence. There is indeed a royal confirmation when the Law is made, to increase the Authority of it, but to the Law is not essential, but accidental, as we shall show in another place.   

The KING is God's anointed, and man's appointed.  

1. God's anointed, jurae Personae.— by the Right of his Person, and so we can do nothing against Him.  
2. Man's appointed, jure Coronae— in the Right of His crown, And so He can do nothing against us.  
3. Contra Regem non est Lex, quoad Personam,— against the King is no Law as concerning His person, Et contra Legem non est Rex quoàd Coronam— And against the Law He is not a King, as concerning His crown.  
4. Reges non Leges imperant quoàd Personam,— Kings, not laws rule concerthe Person. Leges non Reges imperant quoad Coronam,— the Laws not the King rule, concerning the crown.  
5. Judicium Regis, non est judicium Regni.— The judgement of the King is not the judgement of the kingdom.  
6. Judicium Regis paena est.— The judgement of the King is punishment. 1. Sam. 8. 9 10.  
7. Judicium Regni, recta vivendi regula.— The judgement of the kingdom is the right rule of living. 1. Sam. 10.    

The Illustration by Examples.  
Saul and David were both anointed by Samuel, and yet had not the crown till the people consented, and David was twenty years without it, and Saul returned to his trade, 1. Sam. 11. 5. And fought one battle before his creation in Gilgal. He was anointed at Ramah, chosen by lot at Mizpeh, and crowned at Gilgal. When Samuel told him that God had appointed him not to seek asses but men, 1. Sam. 9 20. He in his simplicity or hypocrisy excuseth himself by three arguments, v. 21. First that his Tribe was the smallest in Israel, having not yet recovered that loss and slaughter of their men, which they received in the battle with Israel, which was enough to make the Tribe infamous, and all the Tribes to remember an old injury, (and scorn, as some did, to receive any Ruler from them.) Secondly, his father's house was of small account in that Tribe. Thirdly, himself the least in his father's house. Modestè regna recusavit,— he modestly refused the kingdom, as Bishops do, (viz) Episcopare nolo— I will not be a Bishop. But it may be said of them, as it may be said of our cavaliers, Nolunt occidere quenquam, posse volunt,— they have a will, when they Nil the thing. It may be Saul was in good earnest, and he had cause enough, if he had known the burden, and little benefit he had by his kingdom. Veracitèr se excusavit de honore Regni, saith Junius,— he did in good earnest excuse himself of the honour of the kingdom. And truly his reasons of refusal are pithy and well heaped together, and his conclusion an earnest and vehement interrogation, Wherefore then speakest thou so unto me? David was also anointed by Samuel not long after Saul's creation, and yet lived many years under Saul as a son and servant. He was anointed at Bethlehem, 1. Sam. 16. 4. and many years after that crowned at Hebron. First by his own Tribe, 12. Sam. 2. 4. Secondly, by all Israel seven years after, 2. Sam. 5. 3. And here David is said to be anointed again, as an happy sign that God and man joyfully conspired together to make him King, and that he was as careful to receive the consent of the people, as the Unction of God, and it is most certain to be the mind of God, that Kings must neither lay hold of their crowns, nor make laws nor use arms, but by the free consent of their people. He that writ the observations taxeth the King that with the original grant of heaven, he makes no mention of the consent of his people, and in truth it is the error of our King to think he holds all from God, and nothing from his Subjects: with God he joins the Law, and that is his second error, if he understand it of the Laws of the Kingdom, for they are made by common consent; and if he have his Royalty by them, than the people give it him: and the Observator says truly, That the Law by the which Kings reign, is the paction and agreement that any political Corporation or Society of men make with him, even of those that are pricked by God, and declared from heaven to be his Ministers, as Saul and David are; His Prophet anoints them both, and then the people being certified of God's will▪ are not forced to follow their guide, but have their freedom to contract and covenant with him. Abner in his Message to David; speaks of both rights, 2 Sam. 3. 12. First, That God had by his anointing, given him the Kingdom. Secondly, That he could not take it by that right, without a league, and he requires David to make it with him, and is confident to bring him in all Israel upon the same condition, and does it, who first acknowledge God's grant, 2 Sam. 5. 1. 2. Secondly, Require their own right. v. 3. Saul had done David wrong in taking from him his wife, and therefore justly requires to have her restored, 1 S●m. 3. 13, 14. The King may call for his own without consent; and though she had an husband, yet he had no right in her against the lawful owner. David owns not the Kingdom and Michal alike, which may teach the King another error, that will have all our Nation to be his without consent, as his own wife is his, and the Parliament should do him wrong to take her from him, or the Hollanders to hold her where she is; but they may as lawfully keep his Kingdom from him, as Abner and Israel did, without his league, and compact with them: If he say he hath made it with them, then let him so hold it, or not complain of them for holding it as he doth. The Observator hath done him no wrong; but they that would make him hold his Monarchy by an absolute right, which in true love they cannot persuade him unto, but in extreme hatred to our Realm and Religion, knowing our Parliament so fast set against them, and yet for him in his due right, which is the way to make him the most honourable Monarch in the world, as David was; and the other is to make him like Saul, a Tyrant. He meddles no further with the Observations as good for him, but only in this, That the beginning of his book destroys Monarchy, which at the first reading I thought he did; and some words are dangerous, to make the King wholly dependent upon the people; but I deal plainly (as my title is) That he is God's anomted, and so jure personae, in the right of his person, exempt from all men; but he is the peoples appointed, & so jure Coronae, in the right of his crown, can do nothing without them; and this is our present case. The Parliament would secure the person of the King, and yet maintain his laws which good intention of theirs if he cannot see it, they must sorrow for him, but not sacrifice the whole Kingdom to his will. It is a wholesome maxim in the Law, That the King may do only that which is just; and a false Aphorism, That all is just he doth. A King may abhor to do evil, and as much abhor to be limited to do good, It is not dishonourable to a Prince to do his duty, but he counts it most ignoble to be under any Law or Obligation: David is bound not to touch the Lord's Anointed, and was not Saul by the same reason obliged not to hurt David? David arms himself and his men to defend themselves, but not to kill Saul; was it not a sin for Saul to take up Arms to kill his subject? David gives way to the people to crown him, and pleads not his Coronation by any other Right; and shall men that are more weakly declared to be Kings, presume they have it because they are heirs? It were injustice to deny him his Coronation, that hath it by divine Unction and designation, and yet by violence of the people's Right, he shall offend as much on the other hand. Votes in Parliament have the most vigorous power in them to make Laws; and here also the maxim is, That summa potestas fundata est in voluntate, The chief power is placed in the will, yea, all power that is free; as for coactive power, that is over men's bodies, and may be found in beasts that can bear down one another. Now I demand what power His Majesty would have in Parliament? coercive or directive, violent or voluntary, by counsel or command, consent or compulsion? There is no power to force men to Laws; but in the forest, as among Beasts, the Lion will be their King, and the Fox is the freest, and wisely foresees that all footsteps that go forward find no return, and therefore wisely keeps himself out of the lion's Den. Will His Majesty make his Parliament the lion's Den to hold his Subjects doing, and to do nothing out what he likes, They will be strange Votes that that are all forced to one man's Vote, and an absolute negative voice to make▪ void all affirmatives, or one affirmative to co●mand all negatives. but His majesty will say to the making of a Law his affirmative Vote with the most makes a Law, but his negative Vote against all or the most destroys it so that we shall have no more Laws than he pleaseth I would ●ut ask this one question, whether sufficient consent is not the essence of the Law? It will be answered so the King's consent be in it, otherwise the Law will want essence, I must ask again in the freedom of the will. what is more in the King's consent than in another man that hath as much power to consent as the King himself? will you say power? I must ask again what power: certainly it must be a free power, and then no difference for the meanest man in Parliament is as free, as the King to give his Vote, and no Law can be made without consent so qualified, and he that will command the making of a Law, is to his Subjects as the Law is obligatory to all, and so all the Parliament men are as much obliged in the Legislat●ve power to the King, as all the Kingdom is to the Law when it is made by such a power; and there●ore the whole power of the Law is in the King, and the Parliament men are but Cypners, or if they be to counsel the King, they may not consent, to the Law, or if they may, it must not be to the making of it, or if to that, it must be to the King's consent, not as consultive with the rest, but coactive to all, for one may consent to another, as in the reign of Edw. the third, the Commons desired they might not give counsel in a commotion, but that the King with his counsel would give it, as the more knowing men, and at the last they gave both counsel and consent, and the King would suffer nothing to be done without them, and he says, Lex notissima, et provida circumspectione stabilita, &c. It is a Law well known and by the most provident circumspection established, that all men should consent to that which concerned them, now if the King's consent be mandatory in the Law to them that make it, as well as they which obey it, they are not free but must be observant to do as the King commands them, a thing never heard of in Israel, as I shall show in the sequel in all their Court. As the Parliament suffers so does the whole Kingdom with them, and that for a Militia denied to them and granted to Oppressors. The Parliament hath made it plain to us that the Commission of Array is not warranted by any Act of Parliament, and I am content to reason from the same as the King does, that the Ordinance of Parliament is not only without any one warrantable precedent of former times, as he believeth, but as he is well assured, void in Law, His majesty hath lost by his Argument in all the parts of it. First we know no precedent warrantable that are alleged against the Parliament, for it hath power to repeal Laws, which His Majesty hath not, and his Commission of Array being repealed he cannot revive it, and to walk by precedents as he doth, is against Law, and to carry them to the conquest, is against his contract, and to show he means to rule by the sword and not by his Laws. Secondly, he says an Ordinance in Parliament is void in Law, and of this He is well assured, and I suppose his reason is because it wants his consent; To this I can answer strongly, that his consent is no sufficient reason either to make it void or of force and value▪ Not void in Law because it hath the consent of the most, and in that consists the be●ng of the Law; for if his consent cannot make it a Law, when the most are against it, his dissent cannot make it void when most are for it, for contrariorum contraria est ratio, for if his affirmative Vote prevail not against the most to make a Law, his negative Vote cannot make it void when most have consented to it, and if His Majesty desire to learn from the wisest, even God himself, he shall soon be instructed, that the almighty granted no such negative Vote to any King in Israel, or any other judge in any Consultation or counsel, but the Votes always went with the most, even from the counsel of 3 judges to seventy one or seventy three.  
The Notation of a counsel is witty, Consilium dictum a communi intentione, eo quod in unum omnes dirigant mentis ●btuitum: concilia enim occulorum sunt, &c. Isiod. Mer. in suam canon. collect. A C. uncell is derived of Cilia (whence also supercilium) which imports the common or joint intention, inclination, or bending of the eyes, both of body and mind, to the investigation of the truth in that matter which is proposed in any Assembly. His Majesty would have the castigation, or rather. the casting out of all votes that displease him: and if his power be so great, I wonder he does not discharge them by a diss●lution, or take their consultation, and make his own determination. But the continuation is necessary, and their convocation not to sit and tell the cl●ck as Divines do, of whom we hear nothing in a time wherein they might be of great use for this great matter of divorce between the King and the council, and labour reconciliation, but above all beware of any provocation. I shall add a little further, That the Parliament does not wholly proceed without his majesty's consent, Omnia nostra faci●us, quibus nostram ●mpartimur authoritatem; we make that our own Act, and our own Law, to the which we have communicated our own power and authority: implicitly the Parliament proceeds with the King's consent, and what they do, he does, Cod. l. 1. de veter. jure enuc. Justinian, sancimus v●cem legam obtinere sanctas regulas: we ratify the holy rules of the Church to before Laws. The Church made them, and the Emperor confi●med them, Novel. 131. cap. 1. and to might his Majesty, if ill counsel did not persuade him, corroporate the Ordinances of Parliament. I would beg another consideration of his Majesty to think on the Parliament and him●elf, what arguments they be. The Parliament is Integrum, the whole entire body of the Kingdom representative: and it is most lively in the Commons, of which the King being no part yet should love it as his own Body.  
The Lords are a part too of the Parliament; and I would not be so nice as some are, to say the Representative body is only of the people, and not at all of the King and Lords, as if the counsel were more vulgar and base than great and honourable, as many take occasion to reproach it; but ill tongues in time may be taught better language: I shall think of the Parliament in the parts, and they make but one whole body. Now we have a Rule, That Integrum in majus membris, totum partibus. Hereupon is that rule of the King and his Kingdom, That the King is major singulis, minor universis, and therefore the supremacy of the King, is not above the supremacy of the Parliament: What then have we two supremacies, and one above another? I answer, we have no supreme King but one, neither have we any supreme council but one; and as his Majesty hath no subject above him, so let him suffer no council to be above this, or take counsel from any other. Secondly, let him think himself to be less than his whole council, and that his subjection unto it, is not to be the subject of his subjects, but a servant with them for our good: It is no ill still that God gives him to be his Minister for good. Thirdly, the falling away of the parts of the Parliament, as long as the whole is not dissolved, still it retains the name and nature of the whole, and therefore the persons removed have left their power in the whole, and we are obliged to maintain that, though the desertors of it perish; I except none but your Majesty, and that not in flattery, but good reason, as I shall show before I leave my Discourse of the present affairs. Consider the parts one with another, as the King with the Lords and Commons, and them as Subjects, and I must say Rex est Major singulis subditis: but put them into a Body that may truly be called a Parliament, though many parts depart, yet as long as the Body is undissolved we must hold it for our greatest counsel, follow the directions of it; which to kill their King they have to, not ever will consent unto but to kill them that would destroy all, and have begun to do it: I hope he that loves his King, his Parliament, himself, will not delay to be valiant to the death.