QUEST. XXXVII. Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them, and killing them, and [gap]ndevouring the establishment of Poperie, though the King of Scotland should inhibit them?. to QUEST. XXXVIII. Whether Monarchy be the best of governments?

QUEST. XXXVII. Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them, and killing them, and [gap]ndevouring the establishment of Poperie, though the King of Scotland should inhibit them?.

MArianus saith, one i[gap] obliged to help his brother, non vinculo efficace, not with any efficacious band, because in these (saith he) non est actio aut poena, one may not have action of law against his brother, who refuseth to help him; yet (saith he) as man he is obliged to man nexu civilis societatis, by the bond of humane society. Others say, one nation may indirectly defend a neighbour nation against a common enemie, because it is a self-defence; and it is presumed that a forraigne enemie having overcome the neighbour nation, shall invade that nation it selfe who denyeth help and succour to the neighbour nation, this is a self-opinion, and to me it looketh not like the spirit[gap]a[gap]l law of God.

3. Some say it is lawfull, but not alwayes expedient, in which opinion there is this much truth, that if the neighbor nation have an evil cause, neque licet, neque expedit, it is neither lawfull, nor expedient.

But what is lawful in the case of necessity so extreame, as is the losse of a brothers life or of a nation, must be expedient, because necessity of non-sinning maketh any lawfull thing expedient. As to help my brother in fire or water, requiring my present and speedy help though to the losse of my goods must be as expedient, as a negative commandement (Thou shalt not murther.)

4. Others think it lawfull in the case that my brother seek my help only, other wayes I have no calling thereunto: to which opinion, I cannot universally subscribe, it is holden both by reason, and the soundest divines, that to rebuke my brother of sinne is (actus misericordiae, & charitatis,) an act of mercy and charity to his soul, yet I hold I am obliged to rebuke him by Gods law. Levit. 19.17. otherwise I hate him. 1 Thes. 5.14. Col. 4.17. Math. 18 15. Nor can I think in reason, that my duty of love to my brother, doth not oblige me but upon dependency on his free consent, but as I am to help my neighbours oxe out of a ditch, though my neighbour know not, and so I have onely his implicit and virtuall consent, so is the case here. I go not farther in this case of conscience, if a neighbour nation be jealous of our help, and in an hostile way should oppose us in helping, (which blessed be the Lord, the honourable houses of the Parliament of England hath not done, though Malignant spirits tempted them to such a course,) what in that case we should owe to the afflicted members of Christs body, is a case may be determined easily.

The fift and last opinion is of those who think if the King command Papists and Prelates to rise against the Parliament and our dear brethren in England in warres, that we are obliged in conscience, and by our oath and covenant, to help our native Prince against them, to which opinion with hands and feet I should accord, if our Kings cause were just and lawfull, but from this it followeth that we must thus far judge of the cause, as concerneth our consciences in the matter of our necessary duty, leaving the judiciall cognizance to the honourable Parliament of England. But because I cannot returne to all these opinions particularly, I see no reason but the Civil Law of a Kingdom doth oblige any Citizen to help an innocent man against a murthering robber, & that he may be judicially accused as a murtherer who faileth in his duty, & that Solon said well, beatam remp. esse illam, in quâ quisque injuriam alterius suam estimet.

It is a blessed society in which every man is to repute an injury done against

a brother, as an injury done against himself. As the Egyptians had a good law, by which, he was accused upon his head, who helped not one that suffered wrong; and if he was not able to help, he was holden to accuse the injurer, if not, his punishment was whips, or three dayes hunger, it may be upon this ground it was that Moses slew the Egyptian. Ambrose commendeth him for so doing.

Assert. We are obliged, by many bands, to expose our lives, goods, children, &c. in this cause of religion and of the unjust oppression of enemies, for the safety and defence of our deare brethren and true religion in England. 1. Prov. 24.11. If thou forbear to deliver them, that are drawn to death, [gap] taken as captives to be killed, and those that are ready to be slaine. 12. If thou say, behold we know it not, doth not he that pondereth the heart consider it? and he that keepeth thy soul, doth he not know it? and shall he not render to every man, according to his work? Master Iermin on the pl[gap]ce, is too narrow, who co[gap]menting on the place, restricteth all to these two, that the priest should deliver, by interceding for the innoc[gap]nt, and the King by pardoning only. But 1. to deliver is a word of violence, as 1 Sam. 30.18. David by the sword rescued his wives, Hos. 5 14. I will take away, and none shall rescue. 1 Sam. 17.35. I rescued the lambs out of his mouth, out of the Lyons mouth, which behov[gap]d to be done with great violence. 2 King. 18.34. They have not delivered [gap] Samaria out of my hand. So Cornel. à Lapid[gap], Charitas suad[gap]t, ut vi & armis eruamus injuste ductos ad mortem. Am[gap]ros. lib. 1. offic. c. 36. citeth this same text, and commendeth Moses who killed the Egyptian in defending a Hebrew man. 2. It is an act of Charity and so to be done, though the judge forbid it, when th[gap] innocent is unjustly put to death.

Object. But in so doing private men may offer violence to the lawfull magistrate, when he unjustly putteth an innocent man to death, and rescue him out of the hands of the magistrate, and this were to bring in anarchy and confusion, for if it be an act of charity to deliver the innocent out of the hand of the Magistrate, it is homicide to a private man not to do it, for our obedience to the law of nature tyeth us absolutely, though the Magistrate forbid these acts, for it is known, that I must obey God rather then man.

Answ. The law of nature tyeth us to obedience in acts of charity, yet not to perf[gap]rme these acts after any way and manner, in a meere naturall way, impetu naturae, but I am to performe acts of naturall

charity in a rationall and prudent way, and in looking to Gods law, else if my brother or father were justly condemned to die, I might violently deliver him out of the Magistrates hand, but by the contrary, my hand should be first on him, without naturall compassion. As if my brother or my wife have been a blasphemer of God, Deut. 13.6, 7, 8. and therefore am I to do acts naturall, as a wise man observing (as Solomon saith Eccles. 8.5.) both time and judgement. Now it were no wisdom for one private man to hazard his own life, by attempting to rescue an innocent brother, because he hath not strength to do it, and the law of nature obligeth me not to acts of charity, when I in all reason, see them unpossible, but a multitude who had strength did well to rescue innocent Ionathan out of the hands of the King, that he should not be put to death: yet one man was not tyed by the law of nature to rescue Ionathan, if the King and Prince had condemned him, though unjustly.

2. The hoast of men that helped David against King Saul, 1 Sam. 22.2. entered in a lawfull war, and 1 Chron. 12.18. Amasa by the spirit of the Lord blesseth his helpers, peace, peace be unto thee, and peace be to thy helpers, for thy God helpeth the. Ergo, Peace must be to the Parliament of England, and to their help[gap]rs their brethren of Scotland.

3. Numb. 32.1.2.3.16.17.18.19. Iosh. 1.12.13.14. The children of Gad, and of Reuben, and the half tribe of Manasseh, though their inheritance fell to be in this side of Iordan, yet they were to goe over the river armed to fight for their brethren, while they had also poss[gap]ssion of the land, at the commandement of Moses and Joshua.

4. So Saul and Israel h[gap]lped the men of Iabesh Gilead conjoyned in blood with them, against Nahash the Ammonite, and his unjust conditions in plucking out their right eyes, 1 Sam. 11.

5. Iephtha Iudg. 12.2. justly rebuketh the men of Ephraim because they would not help him and his people, against the Ammonit[gap].

6. If the communion of Saints be any bound, that England and we have one Lord, one faith, one Baptisme, one head and Saviour Iesus Christ, then are we obliged to help our bleeding sister Church, against these same common enemies Papists and Prelates, but the former is undenyably true, for 1. We send help to the Rotchel, if there had not been a secret betraying of our brethren, we send help to the recovery of the Palatinate, and the aide of the confederat

Princes against Babels strength and power, and that lawfully, but we did it at great leisure and coldly. Q. Elizabeth helped Holland against the King of Spain. And beside the union in Religion. 1. We sayle in one ship together, being in one Iland, under one King; and now by the mercy of God, have sworne one Covenant, and so must stand or fall together.

7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland, An. 1585. at the desire of the Generall Assembly, 1583. to joyne forces together at home, and enter in League with Protestant Princes, and Estates abroad, to maintaine the Protestant Religion, against the bloody confederacy of Trent; and accordingly this League betweene the two Crownes was subscribed at Berwick, An. 1586. and the same renewed, An. 1587, 1588. as also the confession of Faith subscribed, when the Spanish Armado was on our coasts.

8. The Law of God, commanding that we love our neighbour as our selfe, and therefore to defend one another against unjust violence. l. ut vim. ff. de just. & jur. obligeth us to the same, except we thinke God can be pleased with lipp[gap]-love in word onely, which the Spirit of God condemneth, 1 Ioh. 2.9, 10. cap. 3.16. and the summe of Law and Prophets, is that as we would not men should refuse to help us, when we are unjustly oppressed, so neither would we so serve our afflicted brethren. l. in facto ff. de cond. & demonstr. § Si uxor. Iustit. de nupt.

9. Every man is a keeper of his brothers life, there is a voluntary homicide, when a man refuseth food or physick necessary for his owne life, and refuseth food to his dying brother; and men are not borne for themselves. And when the King defendeth not subjects against their enemies, all fellow-subjects, by the law of Nature, of Nations, the Civill, and cannon Law, have a naturall priviledge to defend one another, and are mutuall Magistrates to one another, when there be no other Magistrates. If an Army of Turks or Pagans would come upon Britaine, if the King were dead, as he is civilly dead in this juncture of time, when he refuseth to helpe his subjects, one part of Britaine would help another: As Iehoshaphat King of Iudah did right in helping Ahab and Israel, so the Lord had approved of the warre. If the left hand be wounded, and the left eye put out, nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye, and so are they obliged to helpe one another.

10. As we are to beare one anothers burthens, and to help our enemies, to compassionate strangers; so far more these, who make one body of Christ with us.

11. Meroz i[gap] under a curse, who helpeth not the Lord, one part of a Church another. A woe lieth on them that are at ease in Zion, and helpeth not afflicted Ioseph, so farre as they are able.

12. The law of Gratitude obligeth us to this: England sent an Armie to free both our soules and bodies from the bondage of Popery, and the fury of the French, upon which occasion a Parliament at Leith, Anno 1560. established Peace and Religion, and then after they helped us against a faction of Papists, in our owne bosome; for which we take Gods name in a prayer, seeking grace never to forget that kindnesse.

13. When Papists in Armes, had undone England (if God give them victory) they should next fall on us, and it should not be in the Kings power to resist them. When our enemies within two dayes journey are in Armes, and have the person of our King, and his judgement, and so the breathing Law of the two Kingdomes under their power, we should but sleepe to be killed in our nest, if we did not arise and fight for King, Church, Countrey, and Brethren.

Object. By these and the like grounds, when the Kings Royall Person and life is in danger, he may use Papists as subjects, not as Papists in his owne naturall self-defence.

Answ. Hell and the Devill cannot say, that a thought was in any heart, against the Kings person: He sleeped in Scotland safe, and at Westminster in his owne Palace, when the Estates of both Kingdomes, would not so much as take the water-pot from his bed-side, and his Speare; and Satan instilled this traiterous lye, first in Prelates, then in Papists. 2. The King professeth his maintenance of the true Protestant Religion, in his Declarations, since he tooke Armes; but if Saul had put Armes in the hands of Baals Priests, and in an Armie of Sidonians, Philistims, Ammonites, professing their quarrell against Israel was not to defend the King, but their Dagon and false gods; cleere it were, Sauls Armie should not stand in relation of helpers of the Kings, but of advancers of their owne Religion. Now Irish Papists and English in Armes, presse the King to cancell all Lawes against Popery, and make Laws for the

free liberty of Masse, and the full power of Papists, then the King must use Papists as Papists in these warres.

QUEST. XXXVIII. Whether Monarchy be the best of governments?

NOthing more unwillingly doe I write then one word of this question. It is a darke way; circumstances in falne nature may make things best to be, hic & nunc, evill: Though to me it is probable, that Monarchy in it selfe, 2. Monarchy, de jure, that is, lawfull and limited Monarchy is best; even now in a Kingdome, under the fall of sin, if other circumstances be considered.

But observe I pray you, 1. That M. Symmons, and this poore Prelate, do so extoll Monarchy, that there is not a government save Monarchy onely, all other governments are deviations; and therefore M. Symmons saith, pag. 8. If I should affect another government then Monarchy, I should neither feare God, nor the King, but associate my selfe with the seditious: and so the question of Monarchy is, 1. Which is the choisest government in it selfe; or, which is the choisest government in policie, and in the condition of man falne in the state of sinne. 2. Which is the best government, that is, the most profitable, or the most pleasant, or the most honest? For wee know that there bee these three kinds of good things; things usefull and profitable, bona, utilia; things pleasant, jucunda; things honest, honesta; and the question may be of every one of the three. 3. The question may be, which of these governments be most agreeable to nature? that is, either to nature in it selfe, as it agreeth, communiter, to all natures of elements, birds, beasts, Angels, Men, to lead them, as a governour doth, to their last end, or which government is most agreeable to men, to sinfull men, to sinfull men of this, or this Nation; for some Nations are more ambitious, some more factious; some are better ruled by one, some better ruled by many, some by most and by the people. 4. The question may be in regard of the facility or difficulty of loving, fearing, obeying and serving; and so it may be thought easier to love, feare and obey one Monarch then many Rulers, in respect that our Lord saith, it is difficult to serve two Masters, and possibly more difficult to serve twenty or an hundred. 5. The question may be in regard of the power of commanding, or

of the justice and equity of commanding; hence from this last I shall set downe the first Thesis.

Assert. 1. An absolute and unlimited Monarchy is not onely not the best forme of Government, but it is the worst, and this is against our Petty Prelat, and all Royalists. My reasons be these, 1. Because it is an unlawfull Ordinance, and God never ordained it; and I cannot ascribe the superlative degree to any thing, of which I deny the positive: Absolute government in a sinfull and peccable man is a wicked government, and not a power from God, for God never gave a power to sin. Plenitudo potestatis ad malum & injuriam non extenditur. Soz[gap]nus Iunior cons. 65. in causa occurrenti, l. 2. Ferdinand. Loazes in suo cons. pro March. de Velez. pag. 54. n. 65. And so that learned Senator Ferdin. Vasquez. pag. 1. lib. 1. cap. 5. n. 17. 2. It was better for the State that Epiminondas could not sleepe, then that he could sleepe, when the people was dancing, because, said he, I wake that you may have leave to sleepe and be secure; for he was upon deepe cogitations, how to doe good to the Common-wealth, when the people were upon their pleasures. Because all Kings since the fall of the Father-King Adam, are inclined to sin and injustice, and so had need to be guided by a Law, even because they are Kings, so they remaine men. Omnipotency in one that can sin, is a cursed power. With reason all our Divines say, the state of saving grace in the second Adam, where there is non posse deficere, they cannot fall a way from God, is better then the state of the first Adam, where there was posse non deficere, a power not to fall away; and that our free-will is better in our countrey in Heaven, where we cannot sin, then in the way to our countrey on earth, where we have a power to sin, and so Gods people is in [gap] better case, Hos. 2.6, 7. Where her power to overtake her lovers is closed up with an hedge of thornes that she cannot finde her paths; then the condition of Ephraim, of whom God saith, Hos. 4.17. Ephraim is joyned to Idols, let him alone. So cannot that be a good government when the supreme power is in a sinfull man, as inclinable to injustice by nature as any man, and more inclinable to injustice by the condition of his place then any: and yet by office he is one that can doe no injustice against his subjects; he is a King, and so may destroy Vriah, kill his subjects, but cannot sinne; and this is to flattering Royalists the best government in the world. As if an unchained Lion were the best governour, because unchained, to all

the beasts, sheepe and lambs and all others, which with his teeth and pawes he may reach, and that by vertue of an ordinance of God. 3. What is on man under no restraint, but made a God on earth, and so drunk with the graunder of a sinning-God, here under the Moone and Clouds? who may heare good counsell, from men of his owne choosing, yet is under no restraint of Law to follow it, being the supreme power absolute, high, mighty, and an impeccable god on earth: Certainly this man may more easily erre, and break out in violent acts of injustice, then a number of Rulers, grave, wise, under a Law. One being a sinfull man, shall sooner sin and turne a Nero (when he may goe to hell, and leade thousands to hell with him gratis) then a multitude of sinfull men, who have lesse power to doe against Law: and a tyrannous killing of innocents, and a subversion of Lawes, Liberties and Religion, by one who may by office, and without resistance of mortall men, doe all ill, is more dangerous and hurtfull, then division and fraction incident to Aristocracy. 4. Caesar is great, but Law and reason is greater: by an absolute Monarchy all things are ruled by will and pleasure above Law; then this government cannot be so good, as Law and Reason in a government by the best, or by many. 5. Under absolute Monarchy a free people is, actu primo, and in themselves inslaved, because though the Monarch so absolute should kill all, hee cannot be controlled; there is no more but flight, prayers and teares remaining, and what greater power hath a Tyrant? none at all, so may we say. An absolute Monarch is, actu primo, a sleeping Lion, and a Tyrant is a waking and a devouring Lion, and they differ in accidents onely. 6. This is the Papists way, Bellarmine de Pontif. l. 1. c. 1. and Sa[gap] derus de visibili Monarchia, l. 3. c. 3. Turr[gap]re in sum. de Eccles. l. 2. c. 2. prove that the government of the Church is by an absolut[gap] Monarch and Pope, because that is the best government, which yet is in question. So Royalists prove Common-wealths must be best governed by absolute Monarchs, because that is the best government, but the Law saith, it is contrary to nature, even though people should paction to make a King absolute: Conventio procuratoria ad dilapidandum & dissipandum juri naturali contraria nulla est, l. filius 15. de cond. Iust. l. Nepos. procul. 125. de verb. signif. l. 188. ubi. de jure Regu[gap] l. 85. d. tit.

Assert. 2. Monarchy in its latitude as heaven and earth and all the hoast therein are Citizens, is the best government absolutely,

because Gods immediate government must be best, but that other governments are good or best so farre as they come neere to this, must prove that there is a Monarchy in Angels, if there be a government, and a Monarchy amongst Fishes, Beasts, Birds, &c. and that, if Adam had never sinned there should be one Monarchy amongst all mankinde. I professe I have no eye to see what Government could be in that State, but paternall, or maritall; and by this reason there should be one Catholique Emperour over all the Kings of the [gap]arth; A position holden by some Papists, and Interpreters of the cannon Law, which maketh all the Princes of the earth to be usurpers, except these who acknowledge a Catholique dominion of the whole earth in the Emperour, to whom they submit themselves as Vassals. If Kings were Gods and could not sin, and just as Solomon in the beginning of his reigne, and as David, I could say Monarchy so limited must be better then Aristocracy, or Democracy. 1. Because it is farthest from injustice, neerest to peace and godlinesse; m. l. 3. §. aparet. ff. de administrat. tutor. l. 2. §. novissime. ff. de Orig. jur. Aristot. pol. l. 8. c. 10. Bodin. de Rep. l. 6. c. 4. 2. Because God ordained this government in his people. 3. By experience it is knowne to be lesse obnoxious to change, except that some think the Venetian Common-wealth best; but with reverence, I see small difference betweene a King, and the Duke of Venice.

Assert. 3. Every government hath some thing wherein it is best. 1. Monarchy is honorable and glorious-like before men. Aristocracie for counsell is surest. Democracie for liberty, and possibly for riches and gaine▪ best. Monarchy obtaineth its end with more conveniency. 1. Because the ship is easilier brought to land, when one sitteth at the helme, then when ten move the helme. 2. Wee more easily feare, love, obey, and serve one, then many. 3. He can more easily execute the Lawes.

Assert. 4. A limited and mixed Monarchy, such as is in Scotland and England, seeme to me the best government, when Parliaments with the King, have the good of all the three. This government hath, 1. glory, order, unitie from a Monarch, from the government of the most and wisest it hath safety of counsell, stability, strength; from the influence of the Commons▪ it hath liberty, priviledges, promptitude of obedience.

Object. 1. There is more power, terrour, and love in one, then in many.

Answ. Not more power, 2. terrour cometh from sin, and so to nature fallen in sin, in circumstances a Monarchy is best.

Object. 2. It is more convenient to nature, that one should be Lord then many.

Answ. To sinlesse nature, true, as in a father to many children.

Object. 3 Monarchies for invention of counsels, execution, concealing of secrets, is above any other government.

Answ. That is in some particulars, because sin hath brought darknesse on us; so are we all dull of invention, slow in execution, and by reason of the falsnesse of men, silence is needlesse, but this is the accidentary state of nature, & otherways there is safety in a multitude of counsellers: one commanding all without following counsell trusteth in his own heart, and is a foole.

Object. 4. A Monarch is above envy, because he hath no equall.

Answ. Grant all; in many things a Monarchy is more excellent, but that is nothing to an absolute Monarchy, for whom Royalists contend.

Object. 5. In a multitude there be more fooles then wise men, and a multitude of vices,

and little vertue is in many.

Answ. Meere multitude cannot governe in either Democracy or Aristocracy, for then all should be rulers, and none ruled, but many eyes see more then one, by accident one may see more then hundreds, but accidents are not rules.

Object. 6. Monarchy is most perfect, because most opposite to Anarchy, and most agreeable to nature, as is evident in Plants, Birds, Bees.

Answ. Government of sinlesse nature void of reason, as in bi[gap]ds, bees, is weak to conclude politique civil government amongst men in sin, and especially absolute government, a King-Bee is not absolute, nor a King-Eagle, if either destroy its fellowes, by nature all rise and d[gap]stroy their King. 2. A King-Bee doth not act by counsell borrowed from fellow Bees as a King must do, and communication of counsels lesseneth absolutenesse of a man. 2. I see not how a Monarchy is more opposite to Anarchy and confusion, then other governments, a Monarch as one, is more opposite to a multitude, as many; but there is no lesse order in Aristocracy then in Monarchy: for a government essentially includeth order of commanding and subjection. Now one is not, for absolutenesse, more contrary to Anarchy then many, for that one now who can easily slip from a King

to a Tyrant, cannot have a negative voice in acts of justice, for then should he have a legall power to oppose justice, and so for his absolutenesse he should be most contrary to order of justice, and a Monarch because absolute, should be a door-neighbour to disorder and confusion.

Object. But the Parliament hath no power to deny their voices to things just, or to crosse the law of God, more then the King.

Answ. It is true, neither of them hath a negative voice against law and reason, but if the Monarch by his exorbitant power may deny justice, he may by that same legall power do all injustice; and so there is no absolutenesse in either.

Object. Who should then punish and coerce the Parliament in the case of exorbitance?

Answ. Posterior Parliaments.

Object. Posterior Parliaments and people both may erre.

Answ. All is true, God must remedy that onely.