vasion. It is a vain thing to say, shall be judge between the king and his subjects? The subject cannot judge the king, because none can be judge in his own cause, and an inferior or equal cannot judge a superior or equal." But I answer, 1. This is the king's own cause also, and he doth unjust violence as a man, and not as a king, and so he cannot be judge more than the subject. 2. Every one that doth unjust violence, as he is such, is inferior to the innocent, and so ought to be judged by some. 3. There is no need of the formality of a judge in things evident to nature's eye, such as are manifestly unjust violences. Nature, in acts natural of self-defence, is judge, party, accuser, witness, and all; for it is supposed the judge is absent when the judge doth wrong. And for the plea of Elisha's extraordinary spirit, it is nothing extraordinary to the prophet to call the king the son of a murderer, when he complaineth to the elders for justice of his oppression, no more than it is for a plaintiff to libel a true crime against a wicked person, and if Elisha's resistance came from an extraordinary spirit, then it is not natural for an oppressed man to close the door upon a murderer, then the taking away of the innocent prophet's head must be extraordinary, for this was but an ordinary and most natural remedy against this oppression; and though to name the king the son of a murderer be extraordinary, (and I should grant it without any hurt to this cause,) it followeth nowise that the self-defence was extraordinary. 4. (2 Chron. xxvi. 17.) Four score of priests, with Azariah, are commended as valiant men. LΧΧ. διοι δυναμεως Heb. - Arius Montan. Filii virtutis, Men of courage and valour, for that they resisted Uzziah the king, who would take on him to burn incense to the Lord, against the law. Mr Symmons, (p. 34, sect. 10,) They withstood him not with swords and weapons, but only by speaking, and one but spake. I answer, 1. It was a bodily resistance; for beside that, Jerome turneth it, Viri fortissimi, most violent men. And it is a speech in the Scriptures taken for men valorous for war; as 1 Sam. xvi. 25; 2 Sam. xvii. 10; 1 Chron. v. 18; and so doth the phrase Potent in valour; and the phrase, 1-2 Sam. xxiv. 9; xi. 16; 1 Sam. xxxi. 12; and therefore all the eighty, not only by words, but violently, expelled the king out of the

.Ar. Mont ויעמדו על-עזוהו .2 .temple

Et steterunt contra Huzzi-Jahu; the LXX say, xai Tiria, they resisted the king. So Dan. xi. 17, The armies of the south shall not stand, Dan. viii. 25, it is a word of violence. 3. The text saith, (ver. 20,) and

Arias ויכהילוחו .they thrust him out

Mont. Et fecerunt eum festinare, Hieron. Festinato expulerunt eum. The LXX. say, The priest xarioTaow avròv izcītev; so Vatablus, They cast him out. 4. It is said, (ver. 21,)" He was cut off from the house of the Lord." Dr Ferne saith, (sect. 4, p. 50,) "They are valiant men who dare withstand a king in an evil way, by a home reproof, and by withdrawing the holy things from him, especially since, by the law, the leper was to be put out of the congregation."

Ans. 1. He contradicteth the text. It was not a resistance by words, for the text saith, "They withstood him, and they thrust him out violently." 2. He yieldeth the cause, for to withdraw the holy things of God by corporeal violence, and violently to pull the censer out of his hand, that he should not provoke God's wrath by offering incense to the Lord, is resistance; and the like violence may, by this example, be used when the king useth the sword and the militia to bring in an enemy to destroy the kingdom. It is no less injustice against the second table, that the king useth the sword to destroy the innocent than to usurp the censer against the first table. But Dr Ferne yieldeth, that the censer may be pulled out of his hand, lest he provoke God to wrath; therefore, by the same very reason, a fortiore, the sword, the castles, the sea-ports, the militia, may be violently pulled out of his hand; for if there was an express law that the leper should be put out of the congregation, and therefore the king also should be subject to his church-censor, then he subjecteth the king to a punishment to be inflicted by the subjects upon the king. 1. Therefore the king is obnoxious to the co-active power of the law. 2. Therefore subjects may judge him and punish him. 3. Therefore he is to be subject to all church-censors no less than the people. 4. There is an express law that the leper should be put out of the congregation. What then? Flattering court divines say,

1 Vatab.-Deturbarunt eum ex illo loco, compulsusque ut egrederetur, in not. Festinanter egredi eum coegerunt, hoc est, extruserunt eum.

"The king is above all these laws;" for there is an express law of God as express as that ceremonial law on touching lepers, and a more binding law, that the murderer should die the death. Will royalists put no exception upon a ceremonial law of expelling the leper, and yet put an exception upon a divine moral law, concerning the punishing of murderers given before the law on Mount Sinai. (Gen. vi. 9.) They so declare that they accept the persons of men. 5. If a leper king could not actually sit upon the throne, but must be cut off from the house of the Lord, because of an express law of God, these being inconsistent, that a king remaining amongst God's people, ruling and reigning, should keep company with the church of God, and yet be a leper, who was to be cut off, by a divine law, from the church. Now, I persuade myself, that far less can he actually reign in the full use of the power of the sword, if he use the sword to cut off thousands of innocent people; because, murdering the innocent and the fatherless, and royal governing in righteousness and godliness, are more inconsistent by God's law, being morally opposite, than remaining a governor of the people, and the disease of leprosy, are incompatible. 6. I think not much that Barclay saith, (cont. Monar. 1. 5, c. 11,) “Uzziah remained king, after he was removed from the congregation for leprosy." 1. Because that toucheth the question of dethroning kings, this is an argument brought for violent resisting of kings, and that the people did resume all power from Uzziah, and put it in the "hand of Jotham his son, who was over the king's house, judging the people of the land" (ver 21). And by this same reason the parliaments of both kingdoms may resume the power once given to the king, when he hath proved more unfit to govern morally than Uzziah was ceremonially, that he ought not to judge the people of the land in this case. 2. If the priests did execute a ceremonial law upon king Uzziah, far more may the three estates of Scotland, and the two houses of parliament of England, execute the moral law of God on their king.

If the people may covenant by oath to rescue the innocent and unjustly-condemned from the sentence of death, notoriously known to be tyrannous and cruel, then may the people resist the king in his unlawful practices; but this the people did in the

matter of Jonathan. Mr Symmons (p. 32) and Dr Ferne (sect. 9, 49) say, "That with no violence, but by prayers and tears, the people saved Jonathan; as Peter was rescued out of prison by the prayers of the church, king Saul might easily be entreated to break a rash vow to save the life of his eldest son."-Ans. 1. I say not the common people did it, but the people, including proceres regni, the princes of the land, and captains of thousands. 2. The text hath not one word or syllable of either prayers, supplications or tears; but by the contrary, they bound themselves by an oath, contrary to the oath of Saul, (1 Sam. xiv. 44, 45,) and swore, "God forbid: as the Lord liveth, there shall not one hair of his head fall to the ground. So the people rescued Jonathan."1 The church prayed not to God for Peter's deliverance with an oath, that they must have Peter saved, whether God will or no. Though we read of no violence used by the people, yet an oath upon so reasonable a ground,-1. Without the king's consent. 2. Contrary to a standing law that they had agreed unto. (ver. 24.) 3. Contradictory to the king's sentence and unjust oath. 4. Spoken to the king in his face,-all these prove that the people meant, and that the oath ex conditione operis, tended to a violent resisting of the king in a manifestly unjust sentence. Chrysostom, hom. 14, ad Pop., Antioch accuseth Saul as a murderer in this sentence, and praiseth the people : so Junius, Peter Martyr (whom royalists impudently cite); so Cornelius à Lapide, Zanchius, Lyra, and Hugo Cardinalis say, "It was tyranny in Saul, and laudable that the people resisted Saul;" and the same is asserted by Josephus (1. 6, antiquit. c. 7; so Althusius, Polit. c. 38, n. 109).

We see also, (2 Chron. xxi. 10,) that Libnah revolted from under Jehoram, because he had forsaken the Lord God of his fathers. It hath no ground in the text that royalists say, that the defection of Libnah is not justified in the text, but the cause is from the demerit of wicked Jeboram, because he made defection from God. Libnah made defection from him, as the ten tribes revolted from Rehoboam for Solomon's

1 Chald. Par.-Manifestum est quod Jonathan peccavit per ignorantiam.

2 P. Mart. saith with a doubt, Si ista seditiose fecerunt-nullo modo excusari possunt. Yea, he saith they might suffragiis, with their suffrages free him.

idolatry, which, before the Lord, procured this defection, yet the ten tribes make defection for oppression. I answer, Where the literal meaning is simple and obvious, we are not to go from it. The text showeth what cause moved Libnah to revolt:1 it was a town of the Levites, and we know they were longer found in the truth than the ten tribes (2 Chron. xiii. 8-10; Hosea xi. 12). Lavater saith, Jehoram hath pressed them to idolatry, and therefore they revolted. Zanchius and Cornelius à Lapide say, This was the cause that moved them to revolt, and it is clear, (ver. 13,) he caused Judah and the inhabitants of Jerusalem to go a whoring from God, and no doubt tempted Libnah to the like."2

Yea, the city of Abel (2 Sam. xx.) did well to resist Joab, David's general, for he came to destroy a whole city for a traitor's sake, for Sheba; they resisted and defended themselves. The wise woman calleth the city a mother in Israel, and the inheritance of the Lord; (ver. 19;) and Joab professeth, (ver. 20,) far be it from him to swallow up and destroy Abel. The woman saith, (ver. 18,) "They said of old, they shall surely ask counsel at Abel; and so they ended the matter;" that is, the city of Abel was a place of prophets and oracles of old, where they asked responses of their doubts, and therefore peace should be first offered to the city before Joab should destroy it, as the law saith, Deut. xx. 10. From all which it is evident, that the city, in defending itself, did nothing against peace, so they should deliver Sheba, the traitor, to Joab's hand, which they accordingly did; and Joab pursued them not as traitors for keeping the city against the king, but professeth in that they did no wrong.

QUESTION XXXIII.

WHETHER OR NO THE PLACE, ROM. XIII. 1,

PROVE THAT IN NO CASE IT IS LAWFUL TO RESIST THE KING.

The special ground of royalists from Rom. xiii., against the lawfulness of defensive wars,

1 P. Mar. Com. in 2 Reg. c. 8, saith Libnah revolted, Quia subditos nitebatur cogere ad idololatriam, quod ipsi libnenses pati noluerunt et merito: principibus enim parendum est, verum usque ad aras. 2 Vatab. in not.-Impulit Judæos ad idololatriam, alioqui jam pronos ad cultum idololorum.

is to make Paul (Rom. xiii.) speak only of kings. Hugo Grotius (de jure belli et pac. l. 1, c. 4, n. 6), and Barclay (cont. Monar. 1. 3, c. 9) say, "Though Ambrose expound the place, Rom. xiii., de solis regibus, of kings only, (this is false of kings only, he doth not, but of kings principally,) yet it followeth not that all magistrates, by this place, are freed from all laws, because (saith he) there is no judge above a king on earth, and therefore he cannot be punished; but there is a judge above all inferior judges, and therefore they must be subject to laws." So Dr Ferne followeth him, (sect. 2, p. 10,) and our poor Prelate must be an accident to them, (Sacr. San. Maj. c. 2, p. 29,) for his learning cannot subsist per se.

Assert. 1. In a free monarchy (such as Scotland is known to be) by the higher power (Rom. xiii.) is the king principally in respect of dignity understood, but not solely and only, as if inferior judges were not higher powers. 1. I say in a free monarchy; for no man can say, that where there is not a king,. but only aristocracy, and government by states, as in Holland, that there the people are obliged to obey the king; and yet this text, I hope, can reach the consciences of all Holland, that there every soul must be subject to the higher powers, and yet not a subject in Holland is to be subject to any king: for non entis nulla sunt accidentia. 2. I said the king, in a free monarchy, is here principally understood in regard of dignity, but not in regard of the essence of a magistrate, because the essence of a magistrate doth equally belong to all inferior magistrates, as to the king, as is already proved; (let the Prelate answer if he can;) for though some judges be sent by the king, and have from him authority to judge, yet this doth no more prove that inferior judges are improperly judges, and only such by analogy, and not essentially, than it will prove a citizen is not essentially a citizen, nor a church-officer essentially a church-officer, nor a son not essentially a living creature, because the former have authority from the incorporation of citizens, and of church-officers, and the latter hath his life by generation from his father, as God's instrument. For though the citizen and the church-officers may be judged by their several incorporations that made them, yet are they also essentially citizens and church-officers, as those who made them such.

Assert. 2.-There is no reason to restrain the higher powers to monarchs only, or yet principally, as if they only were essentially powers ordained of God, 1. Because he calleth them εξουσίαι ὑπαρχούσαι higher powers. Now this will include all higher powers, as Piscator observeth on the place; and certainly Rome had never two or three kings to which every soul should be subject. If Paul had intended that they should have given obedience to one Nero, as the only essential judge, he would have designed him by the noun in the singular number. 2. All the reasons that the apostle bringeth to prove that subjection is due, agreeth to inferior judges as well as to emperors, for they are powers ordained of God, and they bear the sword, and we must obey them for conscience sake, and they are God's deputies, and their judgment is not the judgment of men, but of the Lord (2 Chron. xix. 6, 7; Deut. i. 16; Numb. xi. 16, 17). Tribute and wages be no less due to them, as ministers and servants, for their work, than to the king, &c. 3. The apostle could not omit obedience to the good civil laws enacted by the senate, nor could he omit to command subjection to rulers, if the Romans should change the government, and abolish monarchy, and erect their ancient form of government before they had kings. 4. This is canonical Scripture, and a clear exposition of the fifth commandment, and so must reach the consciences of all Christian republics, where there is no monarchy. 5. Parallel places of Scripture prove this. Paul (1 Tim. ii. 1, 2) will have prayers made to God for kings, and for all that are in authority, and the intrinsical end of all is a godly, honest, and peaceable life. And (1 Pet. ii. 13)

"Submit to every ordinance of man for the Lord's sake;" also, (Tit. iii. 1,) it is true, subjection to Nero, of whom Tertullian said, (Apol. 5,) Nihil nisi grande bonum a Nerone damnatum, is commanded here, but to Nero as such a one as he is obliged, de jure, to be, (whether you speak of the office in abstracto, or of the emperor in concreto, in this notion, to me it is all one,) but that Paul commandeth subjection to Nero, and that principally and solely, as he was such a man, de facto, I shall then believe, when antichristian prelates turn Paul's bishops, (1 Tim. ii.,) which is a miracle. 6. Inferior judges are not necessarily sent by the king, by any divine law, but chosen by the people, as the king is; and, de facto, is the practice

of creating all magistrates of cities in both kingdoms. 7. Augustine, (expos. prop. 72 on epist. Rom.,) Irenæus, (1. 5, c. 24;) Chrysostom, (in Psal. cxlviii., and on the place,) and Hieron. (epist. 53, advers. vigilant.) expound it of masters, magistrates; so do Calvin, Beza, Pareus, Piscator, Rollocus, Marloratus; so do popish writers, Aquinas, Lyra, Hugo Cardinalis, Carthusius, Pirerius, Toletus, Cornelius à Lapide, Salmeron, Estius, expound the place; and therefore there is no argument that royalists hence draw against resisting of the king by the parliaments, but they do strongly conclude against the cavaliers' unlawful wars against the parliaments and estates of two kingdoms. Here what the P. Prelate saith to the contrary. 1. They are called eminent powers; therefore, kings only.—Ans. It followeth not, for these can be no other than πάντες δι ἐν υπεροχῇ ὀντες, (1 Tim. ii. 2). But these are not kings, but in the text contradivided from Bariasis kings, and they can be no other than ¿gxaï naì ižovrías principalities and powers. 2. The reason of the apostle proveth clearly that via cannot mean king's only, for Paul addeth of that same

ouria "For there is no power but of God." It must be there is no supereminent royal power, but it is of God, and the powers only (so he must mean) that be, are ordained of God. Now the latter is manifestly false, for inferior powers are of God. The powers of the Roman senate, of a master, of a father, are of God.

P. Prelate." Peter must expound Paul, and Paul's higher powers must be (1 Pet. ii.) βασιλεῖς ὑπερέχοντες More reason that Paul expound Paul. Now (1 Tim. ii. 2) rávres ἐν ὑπεροχη ἐντες, All in authority are not kings. P. Prelate." Are of God," or "ordained of God," cannot so properly be understood of subordinate powers, for that is not by immediate derivation from God, but immediately from the higher power the king, and mediately from God.

Ans. 1.-It is most false that king David is so immediately a king from God, as that he is not also by the mediation of the people, who made him king at Hebron. 2. The inferior magistrates are also immediate vi

1 Vatab.-Homiues intelligit publica authoritate præditus.

2 P. Martyr.-Varia sunt potestatum generaregna, aristocratica, politica, tyrannica, oligarchica -Deus etiam illorum author. Willet saith the same, and so Beza, Tolet., Hammond, &c.

cars and ministers of God as the king, for their throne and judgment is not the king's, but the Lord's (Deut. i. 16; 2 Chron. xxi. 6). 3. Though they were mediately from man, it followeth not that they are not so properly from God, for wisdom (Prov. viii.) saith as properly, (ver. 16,)" By me princes rule, and nobles, even all the judges of the earth;" as, (ver. 15,) "By me kings reign;" and promotion is as properly from God, and not from the east and the west, (Psal. lxxv. 6, 7,) though God promote Joseph by the thankful munificence of Pharaoh, and Mordecai by Ahasuerus, Daniel by Darius, as if he gave them power and honour immediately from heaven.

από

P. Prelate.-Learned interpreters expound it so.-Ans. It is an untruth, for none expound it only and principally of kings. Produce one Interpreter for that conceit. P. Prelate.-Paul wrote this when Nero was monarch.-Ans. 1. Then must the text be expounded of Nero only. 2. He wrote this when Nero played the tyrant and persecuted Christians, therefore we are not to obey Neroes now. 3. He wrote it when the senate of Rome had power to declare Nero an enemy, not a father, as they did. P. Prelate.-ai must be referred to the antecedent ouría inexora and this, "There is no power un but of God," must undeniably infer there is no supreme power but of God; and so, sovereignty relates to God as his immediate author, so sectaries reason, Gal. ii. 16, "Not justified by works, (iar un) but by faith only." Then si un arò Us must be a perfect exclusive, else their stronghold for justification is overthrown.-Ans. ai hath a nearer antecedent, which is ría, it is alone without ὑπέρχουσα. And this grammar is not so good as Beza's, which he rejected. 2. izv un will refer to God alone as the only cause, in genere causa primæ. God alone giveth rain, but not for that immediately, but by the mediation of vapours and clouds. "God alone killeth and maketh alive," Deut. xxxii. 39, that is, excluding all strange gods, but not immediately; for, by his people's fighting, he slew Og, king of Bashan, and cast out seven nations, yet they used bow and sword, as it is used in the book of Joshua; and, therefore, God killed not Og immediately. God hath an infinite, eminent, transcendent way of working, so that in his kind he only worketh his alone; Deus solus operatur solitudine primæ causæ,

non solus solitudine omnis causa, God only giveth learning and wisdom, yet not immediately always-often he doth it by teaching and industry. God only maketh rich, yet the prelates make themselves rich also with the fat of the flock; and God only maketh poor, yet the P. Prelate's courts, mediately also under God, made many men poor. 3. ian is not such an exclusive particle when we ascribe it to God, as when we ascribe it to two created causes, works and faith; and the protestants' form of arguing (Gal. ii.), to prove we are justified by faith," he calleth our stronghold, therefore it is not his stronghold. In this point, then, he must be a papist, and so he refuses to own protestant strongholds for justification by faith alone.

66

Dr Ferne (sect. 2, p. 10).-As many as have souls must be subject to the higher powers spoken of here; but all inferior judges have souls.

Ans.-1. If the word souls be thus pressed, none shall be understood by higher powers, but the king only. 2. Certainly he that commandeth as he commandeth must be excepted, except, because the king hath a soul, you must subject the king to himself and to his own commandments royal, and so to penal laws. 3. Inferior judges, as judges, by this text, must either be subject to themselves as judges, (and, by the same reason, the king must be subject to himself, as he is a judge,) or judges, as men, or as erring men are to be subject; which I would grant, but they are not subject as judges, no more than one, as he commandeth, can also obey as he commandeth. These are contradictory. I am not put off that opinion since I was at school, species subjicibilis qua subjicibilis non est prædicabilis. 4. If Nero make fathers rulers over their mothers and children, and command them, by this public sword of justice, to kill their own children and mothers,-if a senate of such fathers disobey, and if, with the sword, they defend their own children and mothers, which some other Doegs, as judges, are to kill, in the name and commandment of Nero, then they, resisting Nero's bastard commandment by this doctrine, resist the ordinance of God, and resist the minister of God. I have not a faith stretched out so far to the Prelate's courtdivinity. Yet Ferne saith, "There was never more cause to resist higher powers, for their wicked Nero was emperor, when