Lex, Rex, or
The Law and the Prince; A dispute for
The Just Prerogative of King and People:
containing The reasons and causes of the most necessary defensive wars
of the Kingdom of Scotland, and of their Expedition for the aid and
help of their dear brethren of England; in which their innocency is
asserted, and a full answer is given to a seditious pamphlet, entitled,
"SACRO-SANCTA REGUM MAJESTAS," or The Sacred and Royal Prerogative of
Christian Kings; under the name of J. A., but penned by John Maxwell,
the excommunicate Popish Prelate; with a scriptural confutation of the
ruinous grounds of W. Barclay, H. Grotius, H. Arnisæus, Ant. de Domi.
popish Bishop of Spilato, and of other late anti-magitratical royalists, as
the author of Ossorianum, Dr. Ferne, E. Symmons, the Doctors of Aberdeen,
In Forty-four Questions
by the Rev. Samuel
Rutherford sometime Professor of Divinity in the University of St.
London: Printed for John Field, and are to be sold
at his house upon Addle-hill, near Baynards-Castle. Octob. 7,
Edited by Jon
Introduction by Jon Roland
Sketch of the life of Rutherford
Whether government be by a divine law,
How government is from God. — Civil power, in the root,
immediately from God.
Whether or no government be warranted by the law of nature,
Civil society natural in radice, in the root, voluntary in
modo, in the manner. — Power of government, and power government by
such and such magistrates, different. — Civil subjection not formally from
nature's laws. — Our consent to laws penal, not antecedently natural.
— Government by such rulers, a secondary law of nature. — Family
government and politic different. — Civil government, by consequent,
Whether royal power and definite forms of government be from God,
That kings are from God, understood in a fourfold sense. — The
royal power hath warrant from divine institution. — The three forms of
government not different in specie and nature. — How every form is from
God. — How government is an ordinance of man, 1 Pet. ii.13.
Whether or no the king be only and immediately from God, and not
from the people,
How the king is from God, how from the people. — Royal power
three ways in the people. — How royal power is radically in the people.
— The people maketh the king. — How any form of government is from
God. — How government is a human ordinance, 1 Pet. ii. 3. — The
people create the king. — Making a king, and choosing a king, not to be
distinguished. — David not a king formally, because anointed by God.
Whether or no the P. Prelate proveth that sovereignty is immediately
from God, not from the people,
Kings made by the people, though the office, in abstracto,
were immediately from God. — The people have a real action, more than
approbation, in making a king. — Kinging of a person ascribed to the
people. — Kings in a special manner are from God, but it followeth not;
therefore, not from the people. — The place, Prov viii. 15, proveth not
but kings are made by the people. — Nebuchadnezzar, and other heathen
kings, had no just title before God to the kingdom of Judah, and divers other
Whether or no the king be so allenarly from both, in regard of
sovereignty and designation of his person, as he is noway from the people, but
only by mere approbation,
The forms of government not from God by an act of naked providence,
but by his approving will. — Sovereignty not from the people by sole
approbation. — Though God have peculiar acts of providence in creating
kings, it followeth not hence that the people maketh not kings. — The P.
Prelate exponeth prophecies true only of David, Solomon, and Jesus Christ, as
true of profane heathen kings. — The P. Prelate maketh all the heathen
kings to be princes, anointed with the holy oil of saving grace.
Whether the P. Prelate conclude that neither constitution nor
designation of kings is from the people,
The excellency of kings maketh them not of God's only constitution
and designation. — How sovereignty is in the people, how not. — A
community doth not surrender their right and liberty to their rulers, so much
as their power active to do, and passive to suffer, violence. — God's
loosing of the bonds of kings, by the mediation of the people's despising him,
proveth against the P. Prelate that the Lord taketh away, and giveth royal
majesty mediately, not immediately. — The subordination of people to kings
and rulers, both natural and voluntary; the subordination of beasts and
creatures to man merely natural. — The place, Gen ix. 5, He that
sheddeth man's blood &c. discussed.
Whether or no the P. Prelate proveth, by force of reason, that the
people cannot be capable of any power of government,
In any community there is an active and passive power to government.
— Popular government is not that wherein the whole people are governors.
— People by nature are equally indifferent to all the three governments,
and are not under any one by nature. — The P. Prelate denieth the Pope his
father to be the antichrist. — The bad success of kings chosen by people
proveth nothing against us, because kings chosen by God had bad success through
their own wickedness. — The P. Prelate condemneth king Charles' ratifying
(Parl. 2, an. 1641) the whole proceedings of Scotland in this present
reformation. — That there be any supreme judges is an eminent act of
divine providence, which hindereth not but that the king is made by the people.
— The people not patients in making a king, as is water in the sacrament
of baptism, in the act of production of grace.
Whether or no sovereignty is so in and from the people, that they
may resume their power in time of extreme necessity,
How the people is the subject of sovereignty. — No tyrannical
power is from God. — People cannot alienate the natural power of
self-defence. — The power of parliaments. — The Parliament hath more
power than the king. — Judges and kings differ. — People may resume
their power, not because they are infallible, but because they cannot so
readily destroy themselves as one man may do. — That the sanhedrim
punished not David, Bathsheba, Joab, is but a fact, not a law. — There is
a subordination of creatures natural, government must be natural; and yet this
or that form is voluntary.
Whether or not royal birth be equivalent to divine unction,
Impugned by eight arguments. — Royalty not transmitted from
father to son. — The throne by special promise, made to David and his
seed, by God Psal. lxxxix., no ground to make birth, in joro dei, a just
title to the crown. — A title by conquest to a throne must be unlawful if
birth be God's lawful title. — Royalists who hold conquest to be a just
title to the crown each manifest treason against king Charles and his royal
heirs. — Only bona fortunæ not honor or royalty properly
transmitable from father to son. — Violent conquest cannot regulate the
consciences of people to submit to a conqueror as their lawful king. —
Naked birth is inferior to that very divine unction, that made no man a king
without the people's election. — If a kingdom were by birth the king might
sell it. — The crown is the patrimony of the kingdom, not of him who is
king, or of his father. — Birth a typical designment to the crown in
Israel. — The choice of a family to the crown, resolveth upon the free
election of the people as on the fountain cause. — Election of a family to
the crown lawful.
Whether or no he be more principally a king who is a king by birth,
or he who is a king by the free election of the people,
The elective king cometh nearer to the first king. (Deut. xvii..)
— If the people may limit the king, they give him the power. — A
community have not power formally to punish themselves. — The hereditary
and the elective prince in divers considerations, better or worse, each one
Whether or no a kingdom may lawfully be purchased by the sole title
A Twofold right of conquest. — Conquest turned in an
after-consent of the people, becometh a just title. — Conquest not a
signification to us of God's approving will. — Mere violent domineering
contrary to the acts of governing. — Violence hath nothing in it of a
king. — A bloody conqueror not a blessing, per se, as a king is.
— Strength as prevailing is not law or reason. — Fathers cannot
dispose of the liberty of posterity not born. — A father, as a father,
hath not power of life and death. — Israel and David's conquests of the
Canaanites, Edomites, Ammonites not lawful, because conquest, but upon a divine
title of God's promise.
Whether or no royal dignity have its spring from nature, and how it
is true Every man is born free, and how servitude is contrary to nature,
Seven sorts of superiority and inferiority. — Power of life and
death from a positive law. — A dominion antecedent and consequent. —
Slavery not natural from four reasons. — Every man born free in regard of
civil subjection (not in regard of natural, such as of children and wife, to
parents and husband) proved by seven arguments. — Politic government how
necessary, now natural. — That parents should enslave their children not
Whether or no the people make a person their king conditionally or
absolutely; and whether the king be tyed by any such covenant,
The king under a natural, but no civil obligation to the people, as
royalists teach. — The covenant civilly tyeth the king proved by
Scriptures and reasons, by eight arguments. — If the condition, without
which one of the parties would never have entered into covenant, be not
performed, that party is loosed from the covenant. — The people and
princes are obliged in their places for justice and religion, no less than the
king. — In so far as the king presseth a false religion on the people,
eatenus, in so far they are understood not to have a king. — The
covenant giveth a mutual co-active power to king and people to compel each
other, though there be not one on earth higher than both to compel each of
them. — The covenant bindeth the king as king, not as he is a man only.
— One or two tyrannous acts deprive not the king of his royal right.
— Though there were no positive written covenant (which yet we grant not)
yet there is a natural, tacit, implicit covenant tying the king, by the nature
of his office. — The people given to the king as a pledge, not as if they
became his own to dispose of at his absolute will. — The king could not
buy, sell, borrow, if no covenant should tie him to men. — The covenant
sworn by Judah (2 Chron. xv..) tyed the king.
Whether the king be univocally, or only analogically and by
proportion, a father,
Adam not king of the whole earth because a father. — The king a
father metaphorically and improperly, proved by eight arguments.
Whether or no a despotical or masterly dominion agree to the king,
because he is king,
The king hath no masterly dominion over the subjects as if they were
his servants, proved by four arguments. — The king not over men as
reasonable creatures to domineer. — The king cannot give away his kingdom
or his people as if they were his proper goods. — A violent surrender of
liberty tyeth not. — A surrender of ignorance is in so far involuntarily
as it oblige not. — The goods of the subjects not the king's, proved by
eight arguments. — All the goods of the subjects are the king's in a
Whether or no the prince have properly the fiduciary or ministerial
power of a tutor, husband, patron, minister, head, master of a family, not of a
lord or dominator,
The king a tutor rather than a father as these are distinguished.
— A free community not properly and in all respects a minor and pupil.
— The king's power not properly marital and husbandly. — The king a
patron and servant. — The royal power only from God, immediatione
simplicis constitutionis, et solum solitudine causæ primæ, but
not immediatione applicationis dignitatis ad personam. — The king
the servant of the people both objectively and subjectively. — The Lord
and the people by one and the same act according to the physical relation
maketh the King. — The king head of the people metaphorically only, not
essentially, not univocally, by six arguments. — His power fiduciary only.
What is the law or manner of the king (1 Sam. viii. 9, 11)
The power and the office badly differenced by Barclay. — What
is the manner of the king, by the harmony of interpreters, ancient and modern,
protestants and papists. — Crying out (1 Sam. viii.) not necessarily
a remedy of tyranny, nor a praying with faith and patience. — Remissive
law, as was the law of divorcement. — The law of the king (1 Sam.
xii. 23, 24) not a law of tyranny.
Whether Whether or no the king be in dignity and power above the
In what consideration the king is above the people, and the people
above the king. — A mean, as a mean, inferior to the end, how it is true.
— The king inferior to the people. — The church, because the church,
is of more excellency than the king, because king. — The people being
those to whom the king is given, worthier than the gift. — And the people
immortal, the king mortal. — The king a mean only, not both the efficient,
or author of the kingdom, and a mean: two necessary distinctions of a mean.
— If sin had never been, there should have been no king. — The king
is to give his life for his people. — The consistent cause more excellent
than the effect. — The people than the king. — Impossible people can
limit royal power, but they must give royal power also. — The people have
an action in making a king, proved by four arguments. — Though it were
granted that God immediately made kings, yet it is no consequent, God only, and
not the people, can unmake him. — The people appointing a king over
themselves, retain the fountain-power of making a king.. — The mean
inferior to the end, and the king, as a king, is a mean. — The king as a
mean, and also as a man, inferior to the people. — To swar
non-self-preservation, and to swear self-murder, all one. — The people
cannot make away their power, 1. Their whole power, nor 2. Irrevocably to the
king. — The people may resume the power they give to the commissioners of
parliament, when it is abused. — The tables in Scotland lawful, when the
ordinary judicatures are corrupt. — Quod efficit tale id ipsum magis
tale discussed, the fountain-power in the people derived only in the king..
— The king is a fiduciary, a life-renter, not a lord or heritor. —
How sovereignty is in the people. — Power of life and death, how in a
community. — A community void of rulers, is yet, and may be a politic
body. — Judges gods analogically.
Whether inferior judges be essentially the immediate viceregents of
God, as kings, not differing in essence and nature from kings,
Inferior judges the immediate vicars of God, no less than the king.
— The consciences of inferior judges, immediately subordinate to God, not
to the king, either mediately or immediately. — How the inferior judge is
the deputy of the king. — He may put to death murderers, as having God's
sword committed to him, no less than the king, even though the king command the
contrary; for he is not to execute judgment, and to relieve the oppressed
conditionally, If a mortal king give him leave; but whether the king will or
no, he is to obey the King of kings. — Inferior judges are ministri
regni, non ministri regis. — The king doth not make judges as he is a
man, by an act of private good-will; but as he is a king by an act of royal
justice, and by a power that he hath from the people, who made himself a
supreme judge. — The king's making inferior judges hindereth not, but they
are as essentially judges as the king who maketh them, not by fountain-power,
but power borrowed from the people. — The judges in Israel and the kings
differ not essentially. Aristocracy as natural as monarchy, and as warrantable.
— Inferior judges more necessary than a king.
What power the people and states of parliament hath over the king
and in the state,
The elders appointed by God to be judges. — Parliaments may
convene and judge without the king. — Parliaments are essentially judges,
and so their consciences neither dependeth on the king, quoad
specificationem, that is, that they should give out this sentence, not
that, nec quoad exercitium, that they should not in the morning execute
judgment. — Unjust judging, and no judging at all, are sins in the states.
— The parliament co-ordinate judges with the king, not advisers only; by
eleven arguments. — Inferior judges not the king's messengers or legates,
but public governors. — The Jews' monarchy mixed. — A power executive
of laws more in the king, a power legislative more in the parliament.
Whether the power of the king, as king, be absolute, or dependent
and limited by God's first mould and pattern of a king,
The royalists make the king as absolute as the great Turk. —
The king not absolute in his power, proved by nine arguments. — Why the
king is a living law. — Power to do ill not from God. — Royalists say
power to ill is not from God, but power to do ill, as punishable by man, is
from God.. — A king, actu primo, is a plague, and the people
slaves, if the king, by God's institution, be absolute. — Absoluteness of
royalty against justice, peace, reason, and law. — Against the king's
relation of a brother. — A damsel forced may resist the king. — The
goodness of an absolute prince hindereth not but he is actu primo a
Whether the king hath a prerogative royal above law,
Prerogative taken two ways. — Prerogative above laws a garland
proper to infinite majesty. — A threefold dispensation, 1. Of power; 2. Of
justice; 3. Of grace. — Acts of mere grace may be acts of blood. — An
oath to the king of Babylon tyed not the people of Juday to all that absolute
power would command. — The absolute prince is as absolute in acts of
cruelty, as in acts of grace. — Servants are not (1 Pet. ii. 18, 19)
interdicted of self-defence. — The parliament materially only, not
formally, hath the king for their lord. — Reason not a sufficient
restraint to keep a prince from acts of tyranny. — Princes have sufficient
power to do good, though they have not absolute to do evil. — A power to
shed innocent blood can be no part of any royal power given of God. — The
king, because he is a public person, wanteth many privileges that subjects
What relation the king hath to the law,
Human laws considered as reasonable, or as penal. — The king
alone hath not a nemothetic power. — Whether the king be above parliaments
as their judge. — Subordination of the king to the parliament and
co-ordination both consistent. — Each one of the three governments hath
somewhat from each other, and they cannot anyone of them be in its prevalency
conveniently without the mixture of the other two. — The king as a king
cannot err, as he erreth in so far, he is not the remedy of oppression intended
by God and nature. — In the court of necessity the people may judge the
king. — Human law not so obscure as tyranny is visible and discernible.
— It is more requisite that the whole people, church, and religion be
secured than one man. — If there be any restraint by law on the king it
must be physical, for a moral restraint is upon all men. — To swear to an
absolute prince as absolute, is an oath eatenus, in so far unlawful, and
Whether the supreme law, the safety of the people, be above the
The safety of the people to be preferred to the king, for the king
is not to seek himself, but the good of the people. — Royalists make no
kings but tyrants. — How the safety of the king is the safety of the
people. — A king, for the safety of the people, may break through the
letter and paper of the law. — The king's prerogative above law and
reasons, not comparable to the blood that has been shed in Ireland and England.
— The power of dictators prove not a prerogative above law.
Whether the king be above the law,
The law above the king in four things, 1. in constitution; 2.
direction; 3. limitation; 4. co-action. — In what sense the king may do
all things. — The king under the morality of laws; under fundamental laws,
not under punishment to be inflicted by himself nor because of the eminency of
his place, but for the physical incongruity thereof. — If, and how, the
king may punish himself. — That the king transgressing in a heinous
manner, is under the co-action of law, proved by seven argumants. — The
coronation of a king, who is supposed to be a just prince, yet proveth after a
tyrant, is conditional and from ignorance, and so involuntary, and in so far
not obligatory in law. — Royalists confess a tyrant in exercise may be
dethroned. — How the people is the seat of the power of sovereignty.
— The place, Psal li., Against the only have I sinned, &c.
discussed. — Israel's not rising in arms against Pharaoh examined. —
And Judah's not working their own deliverance under Cyrus. — A covenant
without the king's concurrence lawful.
Whether or no the king be the sole, supreme, and final interpreter
of the law,
He is not the supreme and peremptory interpreter. — Nor is his
will the sense of the law. — Nor is he the sole and only judicial
interpreter of the law.
Whether or no wars raised by the estates and subjects for their own
just defence against the king's bloody emissaries be lawful,
The state of the question. — If kings be absolute, a superior
judge may punish an inferior judge, not as a judge but an erring man. — By
divine institution all covenants to restrain their power must be unlawful.
— Resistance in some cases lawful. — Six arguments for the lawfulness
of defensive wars. — Many others follow.
Whether, in the case of defensive wars, the distinction of the
person of the king as a man, who may and can commit hostile acts of tyranny
against his subjects, and of the office and royal power that he hath from God
and the people, can have place,
The king's person in concreto, and his office in
abstracto, or which is all one, the king using his power lawfully to be
distinguished (Rom. xiii.). — To command unjustly maketh not a higher
power. — The person may be resisted and yet the office cannot be resisted,
proved by fourteen arguments. — Contrary objections of royalists and of
the P. Prelate answered. — What we mean by the person and office in
abstracto in this dispute; we do not exclude the person in concreto
altogether, but only the person as abusing his power; we may kill a person as a
man, and love him as a son, father, wife, according to Scripture. — We
obey the king for the law, and not the law for the king. — The losing of
habitual and actual royalty different. — John xix. 10, Pilate's power of
crucifying Christ no law-power given to him of God, is proved against
royalists, by six arguments.
Whether or no passive obedience be a mean to which we are subjected
in conscience by virtue of a divine commandment; and what a mean resistance is.
That flying is resistance,
The place, 1 Pet. ii. 18, discussed. — Patient bearing of
injuries and resistance of injuries compatible in one and the same subject.
— Christ's non-resistance hath many things rare and extraordinary, and is
no leading rule to us. — Suffering is either commanded to us comparatively
only, that we rather choose to suffer than deny the truth; or the manner only
is commanded, that we suffer with patience. — The physical act of taking
away the life, or of offending when commanded by the law of self-defence, is no
murder. — We have a greater dominion over goods and members, (except in
case of mutilation, which is a little death,) than over our life. — To
kill is not of the nature of self-defence, but accidental thereunto. —
Defensive war cannot be without offending. — The nature of defensive and
offensive wars. — Flying is resistance.
Whether self-defence, by opposing violence to unjust violence, be
lawful, by the law of God and nature,
Self-defence in man natural, but modus, the way, must be
rational and just. — The method of self-defence. — Violent
re-offending in self-defence the last remedy. — It is physically
impossible for a nation to fly in the case of persecution for religion, and so
they may resist in their own self-defence. — Tutela vitæ
proxima and remota. — In a remote posture of self-defence, we
are not to take us to re-offending, as David was not to kill Saul when he was
sleeping, or in the cave, for the same cause. — David would not kill Saul
because he was the Lord's anointed. — The king not lord of chastity, name,
and conscience, and so may be resisted. — By universal and particular
nature, self-defence lawful, proved by divers arguments. — And made good
by the testimony of jurists. — The love of ourselves, the measure of the
love of our neighbours, and enforceth self-defence. — Nature maketh a
private man his own judge and magistrate, when the magistrate is absent, and
violence is offered to his life, as the law saith. — Self-defence, how
lawful it is. — What presumption is from the king's carriage to the two
kingdoms, are in law sufficient grounds of defensive wars. — Offensive and
defensive wars differ in the event and intentions of men, but not in nature and
specie, nor physically. — David's case in not killing Saul nor his men, no
rule to us, not in our lawful defence, to kill the king's emissaries, the cases
Whether or no the lawfulness of defensive wars can be proved from
the Scripture, from the examples of David, the people's rescuing Jonathan,
Elisha, and the eighty valiant priests who resisted Uzziah,
David warrantably raised an army of men to defend himself against
the unjust violence of his prince Saul. — David's not invading Saul and
his men, who did not aim at arbitrary government, at subversion of laws,
religion, and extirpation of those that worshipped the God of Israel and
opposed idolatry, but only pursuing one single person, far unlike to our case
in Scotland and England now. — David's example not extraordinary. —
Elisha's resistance proveth defensive wars to be warrantable. — Resistance
made to king Uzziah by eighty valiant priests proveth the same. — The
people's rescuing Jonathan proveth the same. — Libnah's revolt proveth
this. — The city of Abel defended themselves against Joab, king David's
general, when he came to destroy a city for one wicked conspirator, Sheba's
Whether or no Rom. xiii. 1 make any thing against the lawfulness of
The king not only understood, Rom. xiii. — And the place, Rom.
Whether royalists prove, by cogent reasons, the unlawfulness of
Objections of royalists answered. — The place, Exod. 22:28,
Thou shalt not revile the gods, &c. answered. — And Eccles 10:20.
— The place, Eccles. 8:3, 4, Where the word of a king is, &c.
answered. — The place, Job. 34:18, answered. — And Acts 23:3, God
shall smite thee, thou whited wall, &c. — The emperors in Paul's time
not absolute by their law. — That objection, that we have no practice for
defensive resistance, and that the prophets never complain of the omission of
the resistance of princes, answered. — The prophets cry against the sin of
non-resistance, when they cry against the judges, because they execute not
judgment for the oppressed. — Judah's subjection to Nebuchadnezzar, a
conquering tyrant, no warrant to us to subject ourselves to tyrannous acts.
— Christ's subjection to Cæsar nothing against defensive
Whether the sufferings of the martyrs in the primitive church
militant be against the lawfulness of defensive wars,
Tertullian neither ours nor theirs in this question of defensive
Whether the king have the power of war only,
Inferior judges have the power of the sword no less than the king.
— The people tyed to acts of charity and to defend themselves, the church,
and their posterity against a foreign enemy, though the king forbid. —
Flying unlawful to the states of Scotland and England now, God's law tying them
to defend their country. — Parliamentary power a fountain-power above the
Whether the estates of Scotland are to help their brethren, the
protestants of England, against cavaliers, proved by argument 13,
Helping of neighbour nations lawful, divers opinions concerning the
point. — The law of Egypt against those that helped not the
Whether monarchy be the best of governments,
Whether monarchy be the best of governments hath divers
considerations, in which eash one may be less or more convenient. —
Absolute monarchy is the worst of governments. Better want power to do ill as
have it. — A mixture sweetest of all governments. — Neither king nor
parliament have a voice against law and reason.
Whether or no any prerogative at all above the law be due to the
king. Or if jura majestatis be any such prerogative,
A threefold supreme power. — What be jura regalia.
— Kings confer not honours from their plenitude of absolute power, but
according to the strait line and rule of law, justice, and good observing.
— The law of the king, 1 Sam 8:9, 11. — Difference of kings and
judges. — The law of the king, (1 Sam. 8:9, 11,) no permissive law, such
as the law of divorce. — What dominion the king hath over the goods of the
Whether or no the people have any power over the king, either by his
oath, covenant, or any other way,
The people have power over the king by reason of his covenant and
promise. — Covenants and promises violated, infer co-action, de
jure, by law, though not de facto. — Mutual punishments may be
where there is no relation of superiority and inferiority. — Three
covenants made by Arnisæus. — The king not king while he swear the
oath and be accepted as king by the people. — The oath of the kings of
Grance. — Hugo Grotius setteth down seven cases in which the people may
accuse, punish, or dethrone the king. — The prince a noble vassal of the
kingdom upon four grounds. — The covenant had an oath annexed to it.
— The prince is but a private man in a contract. — How the royal
power is immediately from God, and yet conferred upon the king by the
Whether doth the P. Prelate with reason ascribe to us doctrine of
Jesuits in the question of lawful defence,
The sovereignty is originally and radically in the people, as in the
fountain, was taught by fathers, ancient doctors, sound divines, lawyers,
before there was a Jesuit or a prelate whelped, in verum natura. —
The P. Prelate holdeth the Pope to be the vicar of Christ. — Jesuits'
tenets concerning kings. — The king not the people's deputy by our
doctrine, it is only the calumny of the P. Prelate. — The P. Prelate will
have power to set the bloodiest tyrannies on earth upon the church of Christ,
the essential power of a king.
Whether all Christian kings are dependent from Christ, and may be
called his vicegerents,
Why God, as God, hath a man a vicegerent under him, but not as
mediator. — The king not head of the church. — The king a
sub-mediator, and an under-redeemer, and a sub-priest to offer sacrifices to
God for us if he be a vicegerent. — The king no mixed person. —
Prelates deny kings to be subject to the gospel. — By no prerogative royal
may the king prescribe religious observances and human ceremonies in God's
worship. — The P. Prelate giveth to the king a power arbitrary, supreme,
and independent, to govern the church. — Reciprocation of subjections of
the king to the church, and of the church to the king, in divers kinds, to wit,
of ecclesiastical and civil subjection, are no more absurd than for Aaron's
priest to teach, instruct and rebuke Moses, if he turn a tyrannous Achab, and
Moses to punish Aaron if he turn an obstinate idolator.
Whether the king of Scotland be an absolute prince, having a
prerogative above laws and parliaments,
The king of Scotland subject to parliaments by the fundamental laws,
acts, and constant practices of parliaments, ancient and late in Scotland.
— The king of Scotland's oath at his coronation. — A pretended
absolute power given to James VI. upon respect of personal endowments, no
ground of absoluteness to the king of Scotland. — By laws and constant
practices the kings of Scotland subject to laws and parliaments, proved by the
fundamental law of elective princes, and out of the most partial historians,
and our acts of parliament of Scotland. — Coronation oath. — And
again at the coronation of James VI. that oath sworn; and again, 1 Parl. James
VI. ibid and seq. — How the king is supreme judge in all causes. —
The power of the parliaments of Scotland. — The Confession of the faith of
the church of Scotland, authorised by divers acts of parliament, doth evidently
hold forth to all the reformed churches the lawfulness of defensive wars, when
the supreme magistrate is misled by wicked counsel. — The same proved from
the confessions of faith in other reformed churches. — The place, Rom.
13., exponed in our Confession of faith. — the confession, not only
Saxonic, exhibited to the Council of Trent, but also of Helvetia, France,
England, Bohemia, prove the same. — William Laud and other prelates,
enemies to parliaments, to states, and to the fundamental laws of the three
kingdoms of England, Scotland, and Ireland. — The parliament of Scotland
doth regulate, limit, and set bounds to the king's power. — Fergus the
first king not a conqueror. — The king of Scotland below parliaments,
considerable by them, hath no negative voice.
General results of the former doctrine in some few corollaries, in
Concerning monarchy, compared with other forms. — How royalty
is an issue of Nature. — And how magistrates, as magistrates, be natural.
— How absoluteness is not a ray of God's majesty. — And resistance
not unlawful, because Christ and his apostles used it not in some cases. —
Coronation is no ceremony. — Men may limit the power that they gave not.
— The commonwealth not a pupil or minor properly. — Subjects not more
obnoxious to a king than clients, vassals, children, to their superiors. —
If subjection passive be natural. — Whether king Uzziah was dethroned.
— Idiots and children not complete kings, children are kings in
destination only. — Denial of passive subjection in things unlawful, not
dishonourable to the king, more than denial of active obedience in the same
things. — The king may not make away or sell any part of his dominions.
— People may in some cases without the king. — How, and in what
meaning subjects are to pay the king's debts. — Subsidies the kingdom's
due, rather than the king's. — How the seas, ports, forts, castles,
militia, magazine, are the king's, and how they are the kingdom's.
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