QUEST. XLIII. Whether the King of Scotland be an absolute Prince, having Prerogatives above Parliament and Laws? The Negative is asserted by the Lawes of Scotland, the Kings Oath of Coronation, the Confession of Faith, &c. (3) to QUEST. XLIII. Whether the King of Scotland be an absolute Prince, having Prerogatives above Parliament and Laws? The Negative is asserted by the Lawes of Scotland, the Kings Oath of Coronation, the Confession of Faith, &c. (4)

QUEST. XLIII. Whether the King of Scotland be an absolute Prince, having Prerogatives above Parliament and Laws? The Negative is asserted by the Lawes of Scotland, the Kings Oath of Coronation, the Confession of Faith, &c. (3)

So the 36. Article of the Belgick Confession, saith of all Magistrates, no lesse then of a King, (We know, for Tyrannie of Soule and Body, they justly revolted from their King.) Idcirco Magistratus ipsos gladio armavit, ut malos quidem plectant paenis, probos vero tueantur. Horum porro est, non modo de Civili politia conservanda esse solicitos, verum etiam dare operam ut sacrum Ministerium conservetur, omnis, Idololatria & adulterinus Dei cultus è medio tollatur, regnum Antichristi diruatur, &c. Then all Magistrates, though inferiour, must doe their duty, that the Law of God hath laid on them, though the King forbid them. But by the Belgick Confession, and the Scripture, it is their duty to relieve the oppressed, to use the sword against murthering Papists, and Irish Rebels, and destroying Cavaliers. For, shall it be a good plea in the day of Christ, to say, Lord Iesus, we would have used thy sword against bloody Murtherers, if thy Anoynted, the King, had not commanded us to obey a mortall King rather than the King of ages; and to execute no judgement for the oppressed, because he judged them faithfull Catholike subjects. Let all Oxford, and Cavalier Doctors in the three Kingdomes, satisfie the consciences of men in this, that inferior Iudges are to obey a Divine Law, with a proviso, that the King command them so to doe; and otherwise they are to obey Men rather then God. This is evidently holden forth in the Argentine Confession, exhibited by foure Cities to the Emperour Charles the Fifth, An. M.D.XXX. in the same very cause of innocent Defence, that we are now in, in the three Kingdomes of Scotland, England, and Ireland.

The Saxonick Confession, exhibited to the Councell of Trent, An. M.D.LI. art. 23, maketh the Magistrates office essentially to consist in keeping of the two Tables of Gods Law: and so what can follow hence, but in so far as he defendeth Murtherers: or if he be a King, and shall with the sword, or Armies, impede inferior Magistrates (for the Confession speaketh of all) to defend Gods law, and true Religion, against Papists, Murtherers, and bloody Cavaliers; and hinder them to execute the judgement of the Lord against evill doers: He is not, in that, a Magistrate; and the denying of obedience active or passive to him, in that, is no resistance to the Ordinance of God: but by the contrary, the King himselfe must resist the ordinance of God.

The Confession of Bohemia is clear, art. 16. Qui publico munere magistratu

que funguntur, quemcun

que gradū teneant, se non suum, sed Dei

opus agere sciant. Hence all inferior, or the supreme Magistrate, what ever be their place, they doe not their own work, nor the work of the King, but the work of God, in the use of the sword, Ergo, they are to use the sword against bloody Cavaliers, as doing Gods worke: suppose the King should forbid them to doe Gods worke. And it saith of all Magistrates: Sunt autem Magistratuum partes ac munus, omnibus ex aequo jus dicere, in communem omnium usum, sine personarum acceptatione, pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis, hanc inter turbantibus poenas sumere, alios

que omnes ab eorum vi & injuria vindicare. Now this Confession was the faith of the Barons and Nobles of Bohemia, who were Magistrates, and exhibited to the Emperor, An. 1535. in the cause not unlike unto ours now: and the Emperor was their Soveraigne: yet they professe they are obliged in conscience to defend all under them from all violence and injuries, that the Emperor, or any other could bring on them; and that this is their office before God, which they are obliged to performe as a worke of God: and the Christian Magistrate is not to doe that worke, which is not his own, but Gods, upon condition that the King shall not inhibite him. What if the King shall inhibite Parliaments, Princes and Rulers, to relieve the oppressed, to defend the Orphan, the Widow, the Stranger, from unjust violence? Shall they obey man rather than God?

To say no more of this: Prelates, in Scotland, did what they could to hinder his Majestie to indict a Parliament. 2. When it was indicted, to have its freedome destroyed by prelimitations. 3. When it was sitting, their care was to divide, impede, and anull the course of Iustice. 4. All in the P. Prelates booke tendeth to abolish Parliaments, and to enervate their power. 5. There were many wayes used to break up Parliaments in England; And to command Iudges not to judge at all, but to interrupt the course of Iustice, is all one as to command unrighteous judgement, Ier. 22. v. 3. 6. Many wayes have been used by Cavaliers, to cut off Parliaments, and the present Parliament in England.

The paper found in William Lauds Studie, touching feares and hopes of the Parliament of England, evidenceth that Cavaliers hate the Supreme seat of Iustice, and would it were not in the World; which is the highest rebellion and resistance made against superior Powers.

1. He feareth, this Parliament shall begin where the last left.

Ans. What ever ungrate Courtier had hand in the death of King Iames, deserved to come under Tryall.

2. He feareth they sacrifice some man.

Ans. If Parliaments have not power to cut off Rebels, and corrupt Iudges, the root of their being is undone. 2. If they be lawfull Courts, none needeth feare them, but the guilty.

3. He feareth their Consultations be long, and the supply must be present.

Ans. Then Cavaliers intend Parliaments for Subsidies to the King, to foment, and promote the warre against Scotland, not for Iustice. 2. He that feareth long and serious consultations, to rip up and launce the wounds of Church and State, is affraid that the wounds be cured.

4. He feareth they deny Subsidies, which are due by the Law of God, Nature, and Nations, whereas Parliaments have but their deliberation and consent for the manner of giving, otherwise this is to sell Subsidies, not to give them.

Ans. Tribute, and the standing Revenues of the King, are due by the Law of God and Nations; but Subsidies are occasionall Rents, given upon occasion of Warre, or some extraordinary necessity; and they are not given to the King as Tribute, and standing Revenues, which the King may bestow for his House, Family, and Royall Honour, but they are given by the Kingdome, rather to the Kingdome, then to the King for the present warre, or some other necessity of the Kingdome, and therefore are not due to the King as King, by any Law of Nature or Nations, and so should not be given but by deliberation and judiciall sentence, of the States; and they are not sold to the King, but given out by the Kingdome, by Statute of Parliament, to be bestowed on the Kingdome, and the King should sell no Acts of Justice for Subsidies.

5. He dare not speake of the consequences, if the King grant Bills of Grace, and part with the flowers of the Crowne. Ans. He dare not say, The people shall vindicate their liberty by selling Subsidies, to buy branches of the Prerogative Royall, and diminishing the Kings fancied absolutenesse: so would Prelates have the King absolute, that they may ride over the soules, purses, persons, estates, and Religion of men upon the horse of pretended absolutenesse.

6. He feareth the Parliament fall upon Church businesse; but 1. The Church is too weake already, if it had more power, the King

might have more, both obedience and service. 2. The Houses can be no competent Iudges in point of Doctrine. 3. For the King, Clergy, and Convocation are Iudges in all causes Ecclesiasticall.

Ans. 1. This striketh at the root of all Parliamentary power, 1. The P. P. giveth them but a poore deliberative power in Subsidies, and that is, to make the Kings Will a Law, in taking all the subjects goods from them, to foment warre against the subjects. 2. He taketh all jurisdiction from them [gap]ver Persons, though they were as black Traitors as breathe. 3. And spoileth them of all power in Church matters, to make all Iudges, yea and the King himselfe yield blind obedience to the Pope and Prelate, and their illuminated Clergie. Sure I am, P. Maxwell imputeth this, but most unjustly, to Presbyteries. What essentiall and fundamentall priviledges are left to Parliaments? David, and the Parliament of Israel are impertinent Iudges in the matter of bringing home the Ark of God. And for the Churches weaknesse, that is, the weaknesse of the damned Prelates, shall this be the Kings weaknesse? Yes, the P.P. must make it true, No Bishop, no King.

7. He feareth, factious spirits will take heart to themselves, if the King yield to them without any submission of theirs.

Ans. The Princes and Iudges of the Land are a company of factious men, and so no Parliament, no Court, but at best some good advisers of a King to breake up the Parliament, because they refuse Subsidies, that he may be a lawlesse way extort Subsidies.

8. He desireth the Parliament may sit a short time, that they may not well understand one another.

Ans. He loveth short, or no justice from the Parliament, he feareth they reforme Gods house, and execute justice on men like himselfe. But I returne to the Scotish Parliament.

Assert. 2. The Parliament is to regulate the power of the King. The heritable Sheriffes complaine, that the King granteth Commissions to others, in cases perteining to their office. Whereupon, the Estates, Par. 6. K. Iam. 5. Act. 82. dischargeth all such Commissions, as also appointeth that all Murtherers be judged by the Iustice generall only. And in severall Acts the King is inhibited to grant pardons to malefactors. K. Ia. 6. Act. 75. P. 11.

It is to be considered, that King Iames in his Basilicon Doron, layeth down an unsound ground, that Fergus the first father of 107 Kings of Scotland, conquered this Kingdom. The contrary whereof

is asserted by Fordome, Major, Boethius, Buchannan, Hollanshed; who run all upon this Principle, That the Estates of the Kingdome did, 1. Choose a Monarchie, and freely, and no other Government. 2 That they freely elected Fergus to be their King. 3. King Fergus frequently conveened the Parliament, called, In[gap]ulanorum Duces,

Tribuum Rectores, Majorum consessus, Conventus Ordinum, conventus Statuum, Communitatum Regni, Phylarchi, Primores, Principes, patres, and as Hollanshed saith, they made Fergus King, therefore a Parliament must be before the King; yea and after the death of King Fergus, Philarchi coeunt concione advocatâ, the Estates convened without any King, and made that fundamentall Law Regni electivi, That when the Kings Children were minores, any of the Fergusian Race might be chosen to Reigne: and this indured to the daies of Kennethus: and Redotha, Rex. 7. resigneth and maketh over the Government into the hands of the Parliament, and Philarchi & Tribuum Gabernatores ordained Therius the 8. King. Buchanan, l. 4. Rer. Scot. calleth him Reutha, and said he did this, Populo egrè permittente, then the Royall Power recurred to the fountaine. Therius the 8. a wicked man, filled the Kingdome with Roberies fearing that the Parliament should punish him, fled to the Britaines, and thereupon the Parliament choose Connanus to be Prorex, and protector of the Kingdome.

Finnanus R. 10. Decreed; Ne quid Reges, quod majoris esset momenti, nisi de publici consilii authoritate juberent, & ne domestico consilio remp. administrarent, regia publicaque negotia non sine patrum consultatione ductu

que tractarentur, nec bellum pacem aut faedera reges per se patrum, Tribuumve, Rectorum injussu facerent, demerentue. Then it is cleare, that Parliaments were consortes imperii, and had Authority with, and above the King. When a Law is made that the Kings should doe nothing, Injussu rectorum tribuum, without commandement of the Parliament, a Cabinet Counsell was not lawfull to the Kings of Scotland. So Durstus Rex XI. sweareth to the Parliament, Se nihil nisi de primorum consilio acturum. That he shall doe nothing but by counsell of the Rulers and Heads of the Kingdome.

The Parliament rejecting the lawfull sonne of Corbredus the 20, King, because he was young, created Dardanus the sonne of Metellanus King, which is a great argument of the power of the Scottish Parliament of old for elective, rather then hereditary Kings.

Corbredus secundus, called Galdus, the 21, King, at his Coronation renouncing all negative voices, did sweare, So majorum consiliis acquieturum, That he should be ruled by the Parliament; and it is said, Leges quasdam tollere non potuit, adversante multitudine.

Lactatus R. 22. is censured by a Parliament, Quod spreto majorum consilio, He appointed base men to publick Offices.

Mogaldus R. 23. Ad consilia seniorum omnia ex prisco more rev[gap] cavit, did all by the Parliament, as the ancient custome was.

Conarus 24. K. was cast in Prison by the Parliament, Quod non expectato decreto patrum, quod summa orat potestatis, privatis consiliis administrasset, Because he did the weightiest businesse that concerned the Kingdome, by private advice, without the judiciall Ordinance of Parliament, that was of greatest authority. Where is the negative voice of the King here?

Ethodius 2. the sonne of Ethodius the 1. the 28. King. (The Parliament passing by his son of the first Bed, because he was a child, had created Satrael his Brother King before) a simple ignorant man, yet for reverence to the race of Fergus, kept the name of a King, but the Estates appointed Tutors to him, he was the 28. King.

Nathalocus the 30. K. corrupting the Nobles with buds and faire promises, obtained the Crowne.

Romachus, Fethelmachus, and Angusianus, or as Buchanan calleth him Aenneannus, contended for the Crowne, the Parliament convened to judge the matter, was dissolved by tumult, and Rommachus chosen King, doing all, Non adhibito, de more, consilio majorum, was censured by the Parliament.

Fergus the 2. was created King by the States, De more.

Constantine 43. K. a most wicked man, was punished by the States.

Aidanus 49. K. by the counsell of Sanctus Columba, governed all in peace, by three Parliaments every yeare.

Ferchardus 52. K. and Ferchardus 2. the 54. King, were both censured by Parliaments.

Eugenius 62. K. a wicked Prince, was put to death by the Parliament, Omnibus in ejus exitium, consentientibus.

Eugenius 7. the 59. K. was judicially accused, and absolved by the States, of killing his Wife Spondan[gap].

Donaldus the 70. K. is censured by a Parliament which convened

Pro salute Reipublica, for the good of the Land. So Ethus the 72. K. Ne unius culpâ, regnum periret.

Gregorius the 73. K. sweareth to maintaine Kirk and State in their liberties; the Oath is ordained to be sworne by all Kings at their Coronation.

The Estates complaine of Duffus 78. K. because contemning the counsell of the Nobles, Saerificulorum consiliis abduceretur, and that neither the Nobility must depart the Kingdome, or another King must be made.

Culenus the 79. King, was summoned before the Estates, so before him Constantine the 3. the 75. K. did by Oath resigne the Kingdome to the States, and entered in a Monastery at Saint Andrewes.

Kenethus the 70. K. procured almost, per vim, saith Buchanan, that the Parliament should change the elective Kings in hereditary; observe the Power of Parliaments.

After this Grimus, and then Macbethus, R. 85. is rebuked for governing by private counsell, in his time the King is ordained by the States, to sweare to maintaine the community of the Kingdome.

QUEST. XLIII. Whether the King of Scotland be an absolute Prince, having Prerogatives above Parliament and Laws? The Negative is asserted by the Lawes of Scotland, the Kings Oath of Coronation, the Confession of Faith, &c. (4)

When Maccolumbus the 92. King would have admitted a Treaty to the hurt of the Kingdome; the Nobles said, Non jus esse Regi, the King had no right to take any thing from the Kingdome, Nisi omnibus Ordinibus consentientibus. In the time of Alexander the 94. K. is ordained, Acta regis oporteri confirmari decreto ordinum regni, quia ordinibus regni non consultis, aut adversantibus, nihil quod ad [gap]otius regnistatum attinet, Regi agere liceret. So all our Historians observe, by which it is cleare, that the Parliament, not the King hath a negative voyce.

The States answer to K. Edwards Legates concerning Balzees conditions in his contest with Bruce is, That these conditions were made a solo Rege, by the King only, without the estates of the Kingdome, and therefore they did not oblige the Kingdome.

In Robert the Bruce his Raigne, the K. 97. the succession to the Crowne is appointed by Act of Parliament, and twice changed; and in the League with France, Quod quando de successuro rege ambigeretur apud Scot[gap]s, ea controversia ab Ordinum de creto decideretur.

Robert the [gap]00. K. in a Parliament at Sc[gap]ne moved the States,

to appoint the Earle of Carick his eldest sonne, of the second Mariage to the Crowne, passing his children of the first Mariage; and when he would have made a Treatie, he was told, That he could not inducias facere nisi ex sententia conventus publici; he could not make Truces but with the consent of the Estates of Parliament.

K. James the 1. could not doe any thing in his Oath in England. The Parliaments approbation of the Battell at Stirling against King Iames the 3. is set downe in the printed Acts, because he had not the consent of the States.

To come to our first Reformation, Queene Regent breaking her promise to the States, said, Faith of promise should not be sought from Princes; the States answered, That they then were not obliged to obey, and suspended her government as inconsistent with the duty of Princes, by the Articles of pacification at Leith, Anno 1560. Iunii 16. No peace or warre can be without the States.

In the Parliament thereafter, Anno 1560. the Nobility say frequently to the Queene, Regum Scotorum limitatum esse imperium, nec unquam adunius libidinem, sed ad legum praescriptum & nobilitatis consensum regi solitum.

So it is declared, Parliament at Stirling, 1578. and Parl. 1567, concerning Queene Mary, I need not insist here. K. James the 6. Anno 1567. Iul. 21. was Crowned, the Earle of Morton and Humne, jurarunt pro [gap]o, & ejus nomine, in leges, eum doctrinam & ritus religionis, quae tum docebantur, publicè quoad posset, servaturum, & contrarios oppugnaturum. Buch. Rer. Scot. Hist. l. 18. The three Estates revoke all alienations made by the King without consent of the Parliament. Parliam. K. Iames, 2. cap. 2. K. Iames, 4, 5, 6.

Three Parliaments of K. Iames the 2. are holden without any mention of the King, as Anno 1437. Anno 1438. Anno 1440. and the 5. and 6. Act of Parl. 1440. the Estates ordaine the King to doe such and such things, to ride through the country for doing of Iustice. And Parl. 1. K. Iames 1. Act. 23. the Estates ordained the King to mend his money. But shew any Parliament where ever the King doth prescribe Lawes to the States, or censure the States.

In the 1. Parl. of K. Iames the 6. the Confession of Faith being ratified, in Acts made by the three Estates, that the Kings must sweare at their Coronation. In the presence of the eternall God, that they shall maintaine the true Religion, right Preaching, and administration

of the Sacraments now received and preached within this Realme: and shall abolish and gain-stand all false Religions contrary to the same: and shall rule the people committed to their charge, according to the will of God, laudable Lawes and Constitutions of the Realme, &c.

The 1. Parl. of K. Iames the 6. 1567. approveth the Acts, Parl. 1560. conceived only in name of the States, without the King and Queen, who had deserted the same. So saith the Act, 2.5.4.20.28. And so this Parliament, wanting the King and Queenes authoritie, is confirmed, Parl. 1572. Act. 51. K. Ia. 6. and Parl. 1581. Act. 1. and Parl. 1581. Act. 115. in which it is declared, That they have been Common lawes from their first Date: and all are ratified, Parl. 1587. and Parl. 1592. Act. 1. and stand ratified to this day, by K. Charles his Parliament, An. 1633. The Act of the Assemblie, 1566. commendeth that Parliament, 1560. as the most lawfull and free Parliament that ever was in the Kingdome.

Yea, even Parl. 1641. King Charles himselfe being present, an Act was passed upon the occasion of the Kings illegall imprisoning of the Laird of Langtoune, That the King hath no power to imprison any Member of the Parliament, without consent of the Parliament: Which Act, to the great prejudice of the libertie of the Subject, should not have been left unprinted: for, by what Law the King may imprison one Member of the Parliament, by that same reason he may imprison two, and twenty, and a hundreth: and so may he clap up the whole Free Estates; and where shall then the highest Court of the Kingdome be?

All Polititians say, The King is a limited Prince, not absolute; where the King giveth out Lawes, not in his own name, but in the name of himselfe, and the Estates judicially conveened.

Pag. 33. of the old Acts of Parliament, Members are summoned to treat and conclude.

The duty of Parliaments, and their power, according to the Laws of Scotland, may be seen in the Historie of Knox, now printed at London, An. 1643. in the Nobles proceeding with the Queen, who killed her Husband, and maried Bodwell, and was arraigned in Parliament, and by a great part condemned to death, by many, to perpetuall imprisonment.

King Charles received not Crown, Sword, and Scepter, while first he did sweare the Oath, that King Iames his Father did sweare.

2. He was not crowned, till one of every one of the three Estates came and offered to him the Crown. 3. With an expresse condition of his duty, before he be crowned.

After, King Charles said, I will by Gods assistance bestow my life for your defence, wishing to live no longer, then that I may see this Kingdome flourish in happinesse. Thereafter the King shewing himselfe on a Stage to the people, the P. Archbishop said; Sir, I doe present unto you, King Charles, the right descended inheritor, the Crown, and dignitie of this Realme; appointed by the Peeres of the Kingdome: And, Are ye not willing to have him for your King, and become subject to him? The King turning himselfe on the stage, to be seen of the People, They declare their willingnesse, by crying, God save King Charles! Let the King live!