QUEST. X. Whether or not Royall birth be equivalent to divine unction? (2) to QUEST. XI. 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 and suffrages of the people?

QUEST. X. Whether or not Royall birth be equivalent to divine unction? (2)

family, after the first unction, except the contest was betwixt two Brethren, that is said, not proved, for 2 King. 23.30. when good Iosiah was killed, and there was no contest concerning the Throne of that beloved Prince, the people of the Land took Iehoahaz his son and anointed him, and made him King in his fathers stead; and the Priests were anointed, Levit. 6.22. yea, all the Priests were anointed, Num. 3.[gap]. yet read we not in the History, where this or this man was anointed. 2. In that Adonijah, Solomons elder Brother was not King, it is clear, That Gods anointing, and the peoples electing, made the right to the Crown, and not birth. 3. Birth de facto did design the man, because of Gods speciall promises to Davids house; but how doth a typicall discent made to David, and some others by Gods speciall promise, prove, that birth is the birth-right, and lawfull call of God to a Crown in all after ages? For as gifts to reign, goeth not by birth, so neither doth Gods title to a Crown go.

M. Symons. A Prince once possessed of a Kingdome coming to him by inheritance, can never, by any, upon any occasion be dispossessed thereof, without horrible impietie, and unjustice. Royall unction was an indeleble Character of old, Saul remained the Lords anointed till the last gaspe; David durst not take the right of Government actually into him, although he had it in reversion, being already anointed thereunto, and had received the spirit thereof.

Answ. That is the question, If a Prince once a Prince by inheritance, cannot be dispossessed thereof without unjustice: For if a Kingdom be his by birth, as an inheritance transmitted from the father to the son, I see not but any man upon necessary occasions, may sell his inheritance; but if a Prince sell his Kingdom, a very Barclay and an Hug. Grotius with reason will say, he may be dispossessed and dethroned, and take up his indeleble Character then. 2. A Kingdom is not the Princes own so, as it is unjustice to take it from him, as to take a mans purse from him; the Lords Church (in a Christian Kingdom) is Gods heritage, and the King onely a shepheard, and the sheep in the court of conscience, are not his. 3. Royall unction is not an indeleble Character; for neither Saul nor David were all their dayes Kings thereby, but lived many dayes private men after divine unction, while the people anointed them Kings, except you say, 1. That there were two Kings at once in Israel. 2. And that Saul killing David, should have killed

his own Lord, and his anointed. 4. If David durst not take the right of Government actually on him, then divine unction made him not King, but onely designed him to be King: the peoples election must make the King.

M. Symons addeth, He that is born a King and a Prince,

can n[gap]ver be unborn, Semel Augustus semper Augustus; yea, I beleeve the eldest son of such a King is in respect of birth, the Lords anointed in his fathers life time, even as David was before Sauls death, and to deprive him of his right of reversion, is as true unjustice, as to dispossesse him of it.

Answ. It is proper onely to Jesus Christ to be born a King, sure I am, No man bringeth out of the womb with him a Scepter, and a Crown on his head. Divine unction giveth a right infallibly to a Crown; but birth doth not so, for one may be born here to a Crown, as was hopefull Prince Henry, and yet never live to be King. The eldest son of a King, if he attempt to kill his father, as Absolom did, and raise forces against the lawfull Prince, I conceive he may be killed in battell, without any unjustice. 2. If in his fathers time he be the Lords anointed, there be two Kings, and the heir may have a son, and so there shall be three Kings, possibly four; all Kings by divine right.

The Prelate of Rochester saith, The people and nobles give no right to him, who is born a King, they onely declare his right.

Answ. This is said, not proved. A man born for an inheritance, is by birth an heir, because he is not born for these Lands, as a mean for the end, but by the contrary, these Lands are for the heir as the mean for the end: But the King is for his Kingdom, as a mean for the end, as the watch-man for the Citie, the living Law for peace, and safetie to Gods people; and therefore is not heres hominum, An heir of men, but men are rather heredes regis, heirs of the King.

Arnisaeus. Many Kingdoms (saith he) are purchased by just war, and transmitted by the Law of heritage from the father to the son,

beside the consent of the people, because the son receiveth right to the Crown, not from the people, but from his parents, nor doth he possesse the Kingdom, as the [gap]trimony of the people, keeping onely to himself the burden of protecting and governing the people, but as a proprietie given to him lege regni, by his parents, which he is obliged to defend and rule, as a father looketh to the good and welfare of the family, yet so also as he may look to his own good.

Answ. We read in the Word of God, That the people made Solomon King, not that David, or any King can leave in his Testament, a Kingdom to his son. 2. He saith, The son hath not the right of reigning,

as the patrimony of the people, but as a proprietie, given by the Law of the Kingdom, by his parents: Now this is all one, as if he said, The son hath not the right of the Kingdom, as the patrimony of the people, but as the patrimony of the people, which is good non-sense; For the proprietie of reigning, given from father to son, by the Law of the Kingdom, is nothing but a right to reign, given by the Law of the people, and the very gift and patrimony of the people, for Lex regni, This Law of the Kingdom is the Law of the people, tying the Crown to such a Royall Family; and this Law of the people is prior and ancienter then the King, or the right of reigning in the King, or which the King is supposed to have from his Royall father, because it made the first father, the first King of the Royall Line. For I demand, How doth the son succeed to his fathers Crown, and Throne? Not by any promise of a divine Covenant, that the Lord maketh to the father, as he promised, that Davids seed should sit on his throne, till the Messiah should come: this, as I conceive, is vanished with the Commonwealth of the Iews, nor can we now finde any immediate divine constitution, tying the Crown now to such a race: nor can we say, this cometh from the will of the father King, making his son King: For 1. there is no Scripture can warrant us to say, The King maketh a King, but the Scripture holdeth forth, that the people made Saul and David, Kings. 2. This may prove, That the father is some way a cause, why this son succeedeth King; but he is not the cause of the Royaltie conferred upon the whole Line; because the question is, Who made the first father a King? Not himself; nor doth God now immediately by Prophets anoint men to be Kings, then need force, the people choose the first man, then must the peoples election of a King, be prior and more ancient then the birth-law to a Crown: And election must be a better right then birth. 2. The question is, Whence cometh it that not onely the first father should be chosen King; but also [gap]hence is that, whereas it is in the peoples freewill to make the succession of Kings go by free election, as it is in Denmark and Pol; yet the people doth freely choose, not only the first man to be King, but also the whole race of the first born of this mans Family to be Kings. All here

must be resolved in the free will of the Communitie; now since we have no immediate and propheticall enthroning of men: it is evident, That the lineall deduction of the Crown from father to son, through the whole line, is from the people, not from the parent.

Hence I adde this, as my sixth Argument, That which taketh away that naturall aptitude, and natures birth-right, in a Communitie given to them by God and nature, to provide the most efficacious, and prevalent mean for their own preservation and peace in the fittest Government, that is not to be holden, but to make birth the best title to the Crown, and better then free election, taketh away and impedeth that naturall aptitude, and natures birth-right of chosing, not simply a Governour, but the best, the justest, the more righteous, and tyeth, and fettereth their choice to one of a house, whether he be a wise man, and righteous, and just, or a fool and an unjust man; therefore to make birth the best title to the Crown, is not to be holden.

It is objected: That parents may binde their after Generations, to choose one of such a line; But by this Argument, their naturall birth-right of a free choice, to elect the best and fittest, is abridged and clipped, and so the posterity shall not be tyed to a King of the Royall Line, to which the Ancestors did swear. See for this, the learned Author, of Scripture, and Reasons, pleaded for defensive Arms.

Answ. Frequent elections of a King, at the death of every Prince may have, by accident, and through the corruption of our nature, bloody, and tragicall sequels, and to eschew these, people may tie and oblige their children to chose one of the first born; Male or Female, as in Scotland and England, of such a line; but I have spoken of the excellencie of the title by election, above that of birth, as comparing things according to their own nature together; but give me leave to say, That the posterity are tyed to that Line, 1. Conditionally: So the first born, ceteris paribus, be qualified, and have an head to sit at the helm. 2. Elections of Governours would be performed, as in the sight of God; and in my weak apprehension, the person coming neerest to Gods judge, Fearing God, hating covetousnesse, and to Moses his King, Deut. 17. one who shall read in the Book of the Law, and it would seem now, that gracious morals are to us insteed of Gods immediate designation. 3. The genuine and intrinsecall end of making Kings, is not simply governing, but governing the best way in peace, honesty, and godlinesse, 1 Tim. 2.

Ergo, These are to be made Kings, who may most expeditely procure this end: neither is it my purpose to make him no King, who is not a gracious man, onely here I compare title with title.

7. Argument. Where God hath not bound the conscience, men may not binde themselves, or the consciences of the posterity. But God hath not bound any nation irrevocably, and unalterably to a Royall Line, or to one kinde of Government. Ergo, No nation can binde their conscience, and the conscience of the posterity, either to one Royall Line, or irrevocably and unalterably to Monarchy. The proposition is clear.

1. No Nation is tyed, jure divin[gap], by the tie of a divine Law to a Monarchy, rather then to another Government. The Parisian Doctors prove, That the precept of having a Pope is affirmative, and so tyeth not the Church, ad semper, for ever; and so the Church is the body of Christ without the Pope; and all oaths to things of their nature indifferent, and to things, the contrary whereof is lawfull, and may be expedient and necessary, lay on a tie onely conditionally, in so far, as they conduce to the end. If the Gibeonites had risen in Joshuaes dayes, to cut off the people of God, I think no wise man can think, that Joshua and the people were tyed by the oath of God, not to cut off the Gibeonites in that case: For to preserve them alive as enemies, was against the intent of the oath, which was to preserve them alive, as friends demanding, and supplicating peace, and submitting. The assumption is clear If a Nation seeth that Aristocraticall Government is better then Monarchy, hic & nunc: That the sequels of such a Monarchy is bloody, destructive, tyrannous, that the Monarchy compelleth the free subjects to Turcisme, to grosse Idolatry, they cannot by the divine bond of any oath captive their naturall freedom, which is to choose a Government, and Governours, for their safetie, for a peaceable and godly life; or fetter and chain the wisdom of the posterity unalterably to a Government, or a Royall Line, which hic & nunc, contrary to the intention of their oath, proveth destructive, and bloody. And in this case, even the King, though tyed by an oath to govern, is obliged to the practices of the Emperour Otho. And as Speed saith, of Richard the second, to resign the Crown, for the eschewing of the effusion of blood: And who doubteth but the second wits of the experienced posterity, may correct the first wits of their fathers; nor shall I ever beleeve, that the fathers can

leave in legacie, by oath, any chaines of the best gold to fetter the after-wits of posteritie to a choice destructive to peace and true Godlinesse.

To these adde; 8. That 1. an heritor may defraud his first borne of his heritage, because of his dominion he hath over his heritage: A King cannot defraud his first-borne of the Crown. 2. An heritor may divide his heritage equally amongst his twelve sonnes: A King cannot divide his Royall Dominions in twelve parts, and give a part to every sonne; for so he might turne a Monarchie into an Aristocracie, and put twelve men in the place of one King. 3. Any heritor taken captive, may lawfully oppignorate, yea and give all his inheritance as a ransome for his liberty; for a man is better then his inheritance: but no King may give his Subjects as a price or ransome.

Yet I shall not be against the succession of Kings by birth, with good limitations; and shall agree, that through the corruption of mans nature, it may be in so far profitable, as it is peaceable, and preventeth bloody tumults, which are the bane of humane societies. Consider further for this, Aegid. Romanus, l. 3. de reg. princi. cap. 5. Turrecremat. and Joan. de terra Reubea, 1 tract. contr. Rebelles, ar. 1. con. 4. Yet Aristotle the flower of Natures wit, l. 3. polit. c. 10. preferreth Election to Succession; He preferreth Carthage to Sparta, though their Kings came of Hercules. Plutarch in Scylla, saith, he would have Kings as dogs, that is, best hunters, not those who are borne of best dogs. Tacitus, lib. 1. Nasci & generari à Principibus, fortuitum, nec ultra aestimantur.

QUEST. XI. 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 and suffrages of the people?

WIthout deteining the Reader, I desire liberty to assert, that,

1 Assert. Where God establisheth a Kingdome by Birth, that government, hic & nunc, is best: and because God principally distributeth Crownes, when God establisheth the Royall line of David to reigne, he is not principally a King, who commeth neerest and most immediately to the fountaine of Royaltie, which is Gods immediate will; but God established, hic & nun[gap], for typicall reasons

(with reverence of the learned) a King by birth.

2 Assert. But to speake of them, ex natura re[gap], and according to the first mould and paterne of a King by law. A King by election is more principally King (magis univoce & per se) then an hereditarie Prince; 1. Because in hereditary Crownes, the first familie being chosen by the free suffrages of the people, for that cause ultimate, the hereditary Prince commeth to the throne, because his first father, and in him the whole line of the familie was chosen to the Crowne, and, propter quod unumquodque tale, id ipsum magis tale. 2. The first King ordained by Gods positive law, must be the measure of all Kings, and more principally the King, then he who is such by derivation. But the first King is a King by election, not by birth, Deut. 17.15. Thou shalt in any wise set (him) King over thee, whom the Lord thy God shall choose, (One) from amongst thy brethren shalt thou set over thee. If the free will of the people be not the neerest cause of the first moulded King, God could have made no positive law to choose such a man, not such a man; for all positive lawes presuppose free election. 3. The Law saith, Surrogatum fruitur privilegiis ejus, in cujus locum surrogatur: He who is substituted in the place of another, enjoyeth the priviledges of him in whose place be succeedeth. But the hereditary King hath Royall priviledges from him who is chosen King. Salomon hath the Royall priviledges of David his father, and is therefore King by birth, because his father David was King by election. And this I say, not because I think sole birth is a just title to the Crown, but because it designeth him who indeed virtually was chosen, when the first King of the race was chosen. 4. Because there is no dominion of either Royalty, or any other way by nature, no more then an Eagle is born King of Eagles, a Lyon, King of Lyons; neither is a man by nature, born King of men: and therefore, he who is made King by suffrages of the people, must be more principally King, then he who hath no title, but the womb of his mother.

Doct. Fern is so farre with us to father Royaltie upon the peoples free election, as on the formall cause, that he saith, If to design the person, and to procure limitation of the power in the exercise of it, [gap]e to give the power; we grant the power is from the people, but (saith he) you will have the power originally from themselves; in another sense, for you say, they reserve power to depose and displace the Magistrate, sometime they make the Monarch supreme, and then they devest

themselves of all power, and keep none to themselves, but before established Government, they have no politique power, whereby they may lay a command on others, but onely a naturall power of private resistance, which they cannot use against the Magistrate.

Ans. But to take off those by the way, 1. If the King may choose A. B. an Ambassadour, and limit him in his power, and say, Doe this, and say this to the forraigne State you goe to, but no more; halfe a wit will say the King createth the Ambassadour, and the Ambassadours power is originally from the King; and we prove the power of the Lyon is originally from God, and of the Sea, and the fire is originally from God, because God limiteth the Lyon in the exercises of its power, that it shall not devoure Daniel, and limiteth the Sea, as Ieremiah saith, when as he will have its proud Waves to come thither, and no farther, and will have the fire to burne those who throwe the three Children into the fiery furnace, and yet not to burne the three Children, for this is as if Doctor Ferne said, the power of the King of six degrees, rather then his power of five is from the people, therefore the power of the King is not from the people, yea the contrary is true. 2. That the people can make a King supreame, that is, Absolute, and so resigne natures birth-right; that is, a power to defend themselves is not lawfull, for if the people have not absolute power to destroy themselves, they cannot resigne such a power to their Prince. 3. It is false that a community, before they be established with formall Rulers, have no politicke power, for consider them as men onely, and not as associated, they have indeed no politicke power; but before Magistrates be established, they may convene and associate themselves in a body, and appoint Magistrates; and this they cannot doe if they had no politicke power at all. 4. They have virtually a power to lay on Commandements, in that they have power to appoint to themselves Rulers, who may lay commandements on others. 5. A community hath not formally power to punish themselves, for to punish is to inflict Malum disconveniens natura, an evill contrary to nature; but in appointing Rulers, and in agreeing to Lawes they consent they shall be punished by another upon supposition of transgression, as the child willingly going to schoole submitteth himself in that to Schoole-discipline, if he shall faile against any Schoole Law; and by all this tis cleare, a King by election is principally a King. Barclay then

faileth, who saith, No man denyeth but succession to a Crowne by birth is agreeable to nature; it is not against nature, but it is no more naturall, then for a Lyon to be borne a King of Lyons.

Obj. Most of the best Divines approve an hereditary Monarch, rather then a Monarch by election. Ans. So doe I in some cases, in respect of Empire simply it is not better, in respect of Empire now under mans fall in sin; I grant it to be better in some respect. So S[gap]lust In Ingurth.

Natura mortalium imperij avida. Tacitus, Hist. 2. Minore discrimine princeps sumitur, quam queritu, there's lesse danger to accept of a Prince at hand, then to seeke one a farre off. 2. In a Kingdome to be constituted, election is better; in a constituted Kingdome birth seemeth lesse evill. 3. In respect of liberty election is more convenient; in respect of safety and peace, birth is safer and the nearest way to the Well. See Bodin, De Rep. l. 6. c. 4. Thol. ozan, De Rep. l. 7. c. 4.