choose Connanus to be prorex and protector of the kingdom.

Finnanus, the tenth king, decreed,-Ne quid reges, quod majoris esset momenti, nisi de publici consilii authoritate juberent, et ne domestico consilio remp. administrarent, regia publicaque negotia non sine patrum consultatione ductuque tractarentur, nec bellum pacem aut fœdera reges per se patrum, tribuumve, rectorum injussu facerent, demerentue; then it is clear that parliaments were consortes_imperii, and had the authority with and above the king. When a law is made that the kings should do nothing injussu rectorum tribuum, without commandment of the parliament, a cabinet-council was not lawful to the kings of Scotland. So Durstus, the eleventh king, sweareth to the parliament, "Se nihil nisi de primorum consilio acturum," that he shall do nothing but by counsel of the rulers and heads of the kingdom.

The parliament, rejecting the lawful son of Corbredus, the nineteenth king, because he was young, created Dardanus, the nephew of Metellanus, king, which is a great argument of the power of the Scottish parliament of old for elective rather than hereditary kings.

Corbredus II., called Galdus, the twentyfirst king, at his coronation, renouncing all negative voices, did swear, Se majorum consiliis acquieturnm, that he should be ruled by the parliament; and it is said, Leges quasdam tollere non potuit, adversante multitudine.

Luctatus, the twenty-second king, is censured by a parliament, "Quod spreto majorum consilio," he appointed base men to public offices.

Mogaldus, the twenty-third king, "Ad consilia seniorum omnia ex prisco more revocavit," did all by the parliament, as the ancient custom was.

Conarus, the twenty-fourth king, was cast into prison by the parliament, "Quod non expectato decreto patrum, quod summœ erat potestatis, privatis consiliis administrasset," because he did these weightiest business that concerned the kingdom, by private advice, without the judicial ordinance of parliament, that was of greatest authority. Where is the negative voice of the king here?

Ethodius II. (son of Ethodius I.) the twenty-eighth king, (the parliament passing him by on account of his age, and electing

Satrael, his father's brother, king before him,) was 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.

Nathalocus, the thirtieth king, corrupting the nobles with buds and fair promises, obtained the crown.

Romachus, Fethelmachus, and Angusianus, or as Buchanan calleth him, Æneanus, contended for the crown, the parliament convened to judge the matter was dissolved by tumult, and Romachus chosen king, doing all, non adhibito, de more, consilio majorum, was censured by the parliament.

Fergus II. was created king by the states, de more.

Constantine, the forty-third king, a most wicked man, was punished by the states.

Aidanus, the forty-ninth king, by the counsel of St Columba, governed all in peace, by three parliaments every year.

Ferchard I., the fifty-second king, and Ferchard II., the fifty-fourth king, were both censured by parliaments.

Eugenius VII., the fifty-ninth king, was judicially accused, and absolved by the states, of killing his wife Spondana.

Eugenius VIII., the sixty-second king, a wicked prince, was put to death by the parliament, omnibus in ejus exitium, consentientibus.

Donaldus, the seventieth king, is censured by a parliament, which convened, pro salute reipublicæ, for the good of the land. So Ethus, the seventy-second king, Ne unius culpa, regnum periret.

Gregory, the seventy-third king, sweareth to maintain kirk and state in their liberties; the oath is ordained to be sworn by all kings at their coronation.

The estates complain of Duff, the seventyeighth king, because contemning the counsel of the nobles, Sacrificulorum consiliis abduceretur, and that either the nobility must depart the kingdom, or another king must be made.

Culen, the seventy-ninth king, was summoned before the estates, so before him, Constantine III., the seventy-fifth king, did, by oath, resign the kingdom to the states, and entered in a monastery at St Andrews.

Kenneth III., the eightieth king, procured almost, per vim, saith Buchanan, that the parliament should change the elec

tive kings into hereditary; observe the power of parliaments.

After this Grim, and then Macbeth, the eighty-fifth king, is rebuked for governing by private counsel; in his time, the king is ordained by the states to swear to maintain the community of the kingdom.

When Malcolm IV., the ninety-second king, would have admitted a treaty to the hurt of the kingdom, the nobles said, Non jus esse regi, the king had no right to take anything from the kingdom, Nisi omnibus ordinibus consentientibus. In the time of Alexander, the ninty-fourth king, is ordained, Acta regis oporteri confirmari decreto ordinum regni, quia ordinibus regni non consultis, aut adversantibus, nihil quod ad totius regni statum attinet, regi agere liceret; so all our historians observe; by which it is clear, that the parliament, not the king, hath a negative voice.

The states' answer to king Edward's legates, concerning Balzee's conditions in his contest with Bruce is, that these conditions were made a solo rege, by the king only, without the estates of the kingdom, and therefore they did not oblige the kingdom.

In Robert the Bruce's reign, the nintyseventh king, the succession to the crown is appointed by act of parliament, and twice changed; and in the league with France, Quod quando de successuro rege ambigeretur apud Scotos, ea controversia ab ordinum de creto decideretur.

Robert, the hundredth king, in a parliament at Scoon, moved the states to appoint the earl of Carrick, his eldest son of the second marriage, to the crown, passing his children of the first marriage; and when he would have made a treaty, 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.

James I. could not do anything in his oath in England. The parliament's approbation of the battle at Stirling against king James III. is set down in the printed acts, because he had not the consent of the states.

To come to our first reformation, the queen 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, June 16,

1560. No peace or war can be without the states.

In the parliament thereafter, (1560,) the nobility say frequently to the queen, Regum Scotorum limitatum esse imperium, nec unquam ad unius libidinem, sed ad legum præscriptum et nobilitatis consensum regi solitum.

So it is declared, parliament at Stirling, 1578, and parl. 1567, concerning queen Mary, I need not insist here. James VI. July 21, 1567, was crowned, the earl of Morton and Hume, jurarunt pro eo, et ejus nomine, in leges, eum doctrinam et ritus religionis, quæ tum docebantur, publice quoad posset, servaturum, et contrarios oppugnaturum. (Buch. Rer. Scot. Hist. 1. 18.) The three estates revoke all alienations made by the king without consent of the parliament. Parl. 2, James VI. c. 2, 4, 5, 6.

Three parliaments of James II. are held without any mention of the king, as 1437, 1438, and 1440, and act 5 and 6 of Parl. 1440, the estates ordain the king to do such and such things, to ride through the country for doing of justice; and Parl. 1, James I. act 23, the estates ordained the king to mend his money; but show any parliament where ever the king doth prescribe laws to the states, or censure the states.

In Parl. 1, James VI., the Confession of Faith being ratified, in acts made by the three estates, that the kings must swear at their coronation, "In the presence of the eternal God, that they shall maintain the true religion, right preaching, and administration of the sacraments now received and preached within this realm, 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 laws, and constitutions of the realm," &c.

The Parl. 1, James VI., 1567, approveth the acts of parliament 1560, conceived only in name of the states, without the king and queen, who had deserted the same; so saith the act 2, 4, 5, 20, 28. And so this parliament, wanting the king and queen's authority, is confirmed, Parl. 1572, act 51, king James VI.; Parl. 1581, act 1; and Parl. 1581, act 115, in which it is declared, "That they have been common laws from their first date," and are all ratified, Parl. 1587, and 1592, act 1; and stand ratified to this day by king Charles' parliament,

1633. The act of the Assembly, 1566, commendeth that parliament, 1560, as the "most lawful and free parliament that ever was in the kingdom."

Yea, even Parl. 1641, king Charles himself being present, an act was passed upon the occasion of the king's illegal imprisoning of the laird of Langton: 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 liberty 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, twenty, and a hundred; and so may he clap up the whole free estates, and where shall then the highest court of the kingdom be?

All politicians say, the king is a limited prince, not absolute; where the king giveth out laws, not in his own name, but in the name of himself and the estates judicially

convened.

In P. 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 history of Knox, now printed at London (an. 1643), in the nobles proceeding with the queen, who killed her husband and married Bothwell, and was arraigned in parliament, and by a great part condemned to death; by many, to perpetual imprisonment.

King Charles received not crown, sword, and sceptre, until first he did swear the oath that king James his father did swear. He was not crowned, till one of every one of the three estates came and offered to him the crown, with an express condition of his duty, before he be crowned.

After king Charles said, "I will by God's assistance bestow my life for your defence, wishing to live no longer than that I may see this kingdom flourish in happiness," thereafter, the king showing himself on a stage to the people, the popish archbishop said; "Sirs, I do present unto you king Charles, the right descended inheritor,-the crown and dignity of this realm, appointed by the peers of the kingdom. And are you willing to have him for your king, and become subject to him?" The king turning himself on the stage, to be seen of the peope, they declared willingness, by cry

ing, God save king Charles! Let the king live!

QUESTION XLIV.

GENERAL RESULTS OF THE FORMER DOCTRINE,

IN SOME FEW COROLLARIES, OR STRAYING QUESTIONS, FALLEN OFF THE ROADWAY, ANSWERED BRIEFLY.

Quest. 1.-Whether all governments be but broken governments and deviations from monarchy.

Ans.-1. It is denied: there is no less somewhat of God's authority in government by many, or some of the choicest of the people, than in monarchy; nor can we judge any ordinance of man unlawful, for we are to be subject to all for the Lord's sake. (1 Pet. ii. 13; Tit. iii. 1; 1 Tim. ii. 1-3.) 2. Though monarchy should seem the rule of all other governments, in regard of resemblance of the Supreme Monarch of all, yet it is not the moral rule from which, if other governments shall err, they are to be judged sinful deviations.

Quest. 2.-Whether royalty is an immediate issue and spring of nature.

Ans.-No; for a man, fallen in sin, knowing naturally he hath need of a law and a government, could have, by reason, devised governors, one or more; and the supervenient institution of God, coming upon this ordinance, doth more fully assure us, that God, for man's good, hath appointed governors; but, if we consult with nature, many judges and governors, to fallen nature, seem nearer of blood to nature than one only; for two, because of man's weakness, are better than one. Now, nature seemeth to me not to teach that only one sinful man should be the sole and only ruler of a whole kingdom; God, in his word, ever joined with the supreme ruler many rulers, who, as touching the essence of a judge, (which is, to rule for God,) were all equally judges: some reserved acts, or a longer cubit of power in regard of extent, being due to the king.

Quest. 3.-Whether magistrates, as magistrates, be natural.

Ans. Nature is considered as whole and sinless, or as fallen and broken. In the former consideration, that man should stand in need of some one to compel him with

the sword to do his duty, and not oppress, was no more natural to man than to stand in need of lictors and hangmen, or physicians for the body, which in this state was not in a capacity of sickness or death; and so government by parents and husbands was only natural in the latter consideration. Magistrates, as magistrates, are two ways considered,-1. According to the knowledge of such an ordinance; 2. According to the actual erection of the practice of the office of magistrates. In the former notion, I humbly conceive, that by nature's light, man now fallen and broken, even under all the fractions of the powers and faculties of the soul, doth know, that promises of reward, fear of punishment, and the co-active power of the sword, as Plato said, are natural means to move us, and wings to promote obedience and to do our duty; and that government by magistrates is natural. But, in the second relation, it is hard to determine that kings, rather than other governors, are more natural.

Quest. 4.-Whether nature hath determined that there should be one supreme ruler, a king, or many rulers, in a free community.

Ans. It is denied.

Quest. 6.-Whether every free commonwealth hath not in it a supremacy of majesty, which it may formally place in one or

many.

Ans.-It is affirmed.

Quest 6.-Whether absolute and unlimited power of royalty be a ray and beam of divine majesty immediately derived from God?

Ans.-Not at all. Such a creature is not in the world of God's creation. Royalists and flatterers of kings are parents to this prodigious birth. There is no shadow of power to do ill in God. An absolute power is essentially a power to do without or above law, and a power to do ill, to destroy; and so it cannot come from God as a moral power by institution, though it come from God by a flux of permissive providence; but so things unlawful and sinful come from

God.

Quest. 7.-Whether the king may in his actions intend his own prerogative and absoluteness.

Ans. He can neither intend it as his nearest end, nor as his remote end. Not the former, for if he fight and destroy his people for a prerogative, he destroyeth his

people that he may have a power to destroy them, which must be mere tyranny, nor can it be his remote end; for, granting that his supposed absolute prerogative were lawful, he is to refer all lawful power and all his actions to a more noble end, to wit, to the safety and good of the people.

Quest. 8.-Do not they that resist the parliament's power, resist the parliament; and they that resist the king's power, resist the king; God hath joined king and power, who dare separate them?

Ans.-1. If the parliament abuse their power, we may resist their abused power, and not their power parliamentary. Mr Bridges doth well distinguish (in his Annotations on the " Loyal Convert") betwixt the king's power, and the king's will. 2. The resisters do not separate king and power, but the king himself doth separate his lawful power from his will, if he work and act tyranny out of this principle, will, passion, lust; not out of the royal principle of kingly power. So far we may resist the

one, and not the other.

Quest. 9.-Why, if God might work a miracle in the three children's resistance active, why doth he evidence omnipotence in the passive obedience of these witnesses? The kingdom of Judah was Christ's birthright, as man and David's son. Why did he not, by legions of men and angels, rather vindicate his own flesh and blood, than triumph by non-resistance, and the omnipotence of glory to shine in his mere suffering?

Ans. Who art thou that disputest with God? He that killeth with the jaw-bone of an ass, thousands, and he that destroyed the numberless Midianites by only three hundred, should no more put the three children to an unlawful act in the one, if they had by three men killed Nebuchadnezzar and all his subjects, than in the other. But nothing is said against us in a sophism a non causa pro causa; except it be proved, God would neither deliver his three children, nor Christ from death, and the Jews from bondage, by miraculous resistance, because resistance is unlawful. And if patient suffering is lawful, therefore, is resistance unlawful? It is a poor consequent, and a begging of the question: both must be lawful to us; and so we hold, of ten lawful means, fit to compass God's blessed end, he may choose one and let go nine. Shall any infer, therefore, these other

nine means are unlawful, because God chose a mean different from those nine, and refused them? So may I answer by retortion. The three hundred sinned in resisting Midian, and defeating them. Why? Because it should be more honour to God, if they had, by suffering patiently the sword of Midian, glorified God in martyrdom. So Christ and the apostles, who could have wrought miracles, might have wrought reformation by the sword, and destroyed kings and emperors, the opposers of the Lamb; and they did reform by suffering; therefore, the sword is unlawful in reformation. It followeth not. The mean Christ used, is lawful; therefore, all other means that he used not, are unlawful. It is vain logic.

Quest. 10.-Whether the coronation of a king is any other thing but a ceremony.

Ans. In the coronation there is, and may be, the ceremony of a shout and an acclamation, and the placing of a sceptre in his right hand who is made king, and the like; but the coronation, in concreto, according to the substance of the act, is no ceremony, nor any accidental ingredient in the constitution of a king. 1. Because Israel should have performed a mere ceremonial action on Saul when they made him king, which we cannot say; for as the people's act of coronation is distinctive, so is it constitutive: it distinguished Saul from all Israel, and did constitute him in a new relation, that he was changed from no king to be a king. 2. The people cannot, by a ceremony, make a king; they must really put some honour on him, that was not put on him before. Now this ceremony, which royalists do fancy coronation to be, is only symbolical and declarative, not really dative. It placeth nothing in the king.

Quest. 11.-Whether subjects may limit the power that they gave not to the king, it being the immediate result (without intervening of law or any act of man) issuing from God only.

Ans.-1. Though we should allow (which in reason we cannot grant) that royal power were a result of the immediate bounty of God, without any act of man, yet it may be limited by men, that it over-swell not its banks. Though God immediately make Peter an apostle, without any act of men, yet Paul, by a sharp rebuke, (Gal. ii.) curbeth and limiteth his power, that he abuse it not to Judaising. Royalists deny not, but

they teach, that the eighty priests that restrained Uzziah's power "from burning incense to the Lord," gave no royal power to Uzziah. Do not subjects, by flight, lay restraint upon a king's power, that he kill not the subjects without cause? yet they teach that subjects gave no power to the king. Certainly this is a proof of the immediate power of the King of kings, that none can fly from his pursuing hand, (Psal. cxxxix. 1—3; Amos ix. 1-4,) whereas men may fly from earthly kings. Nebuchadnezzar, as royalists teach, might justly conquer some kingdoms, for conquest is a just title to the crown, say they. Now, the conqueror then justly not only limiteth the royal power of the conquered king, but wholly removeth his royalty and unkingeth him; yet, we know, the conqueror gave no royal power to the conquered king. Joshua and David took away royal power which they never gave, and therefore this is no good reason,-the people gave not to the king royal power, therefore they could not lawfully limit it and take it away. 2. We cannot admit that God giveth royal power immediately, without the intervention of any act of law; for it is an act of law, that (Deut. xvii.) the people chooseth such a king, not such a king; that the people, by a legal covenant, make Saul, David, and Joash, kings, and that God exerciseth any political action of making a king over such subjects, upon such a condition, is absurd and inconceivable; for how can God make Saul and David kings of Israel upon this political and legal condition, that they rule in justice and judgment, but there must intervene a political action? and so they are not made kings immediately. If God feed Moses by bread and manna, the Lord's act of feeding is mediate, by the mediation of second causes; if he feed Moses forty days without eating any thing, the act of feeding is immediate; if God made David king, as he made him a prophet, I should think God immediately made him king; for God asked consent of no man, of no people, no, not of David himself, before he infused in him the spirit of prophecy; but he made him formally king, by the political and legal covenant betwixt him and the people. I shall not think that a covenant and oath of God is a ceremony, especially a law-covenant, or a political paction between David and the people, the contents whereof behoved to be de materia gravi et onerosa, concerning a great part of obedience to the fifth command