GOd hath a Naturall Dominion over, Gods Domini­on Naturall and Vniversal. and the Universall Government of the whole world, Zach. 4.14. Psal. 97.1.99.1.94.1, 2.

The Supreme Magistrate (whosoever, The Supreme Magistrate hath his power from God. and wheresoever) hath his Power by way of Com­mission from God: I have said, ye are Gods, Psal. 82.6. John 10.34. And they are called Gods (saith M. Per­kins) because they partake of his Power in their Authority, Psal. 95.3. 1 Tim. 6.15. and of his Glory in their Majesty.

The utmost of the Magistrates Power, The utmost of the Magistrates Power. is the Power of the Sword, Rom. 13.4. i. e. The Power of Life and Death; for the more effectuall suppressing of Vice, and Punishing and Restraining of Sinne. And with this power is he armed by God, say the Assem­bly of Divines in their confession of Faith, Chap. of the Civill Magistrates. Nor can the People confer this Power on him. Be­cause,

1. The People cannot confer this power. As Men, They have not Power over their own, much lesse over one anothers Lives; All, and every of them, being un­der the Commandment, Non occides, Thou shalt not Kill.

2. As Christians, They must not resist evill, Mat. 5.39. nor revenge themselves, Psal. 94.1, 2. Rom. 12.39. For it is written, Vengeance is mine, I will repay, saith the Lord, And he maketh the Magistrate his Minister, a Revenger to execute wrath upon him that doth evill, Rom. 13.4.

And, in this case, the People can ordaine outward Formes, onely of Offices and Judicatories, without Divine Autho­rity or Power: God constitutes the Supreame Magistrate in every Kingdom and State. And so their seeming Legall Proceedings, and executions of Justice, are, indeed, nothing else but Reall, and Revengfull Murders. And as God conferreth the Power, so doth he Constitute the Governour, in every Kingdome and State, He re­moveth Kings, and setteth up Kings, Dan. 2.21. He ruleth in the [Page 3] Kingdome of Men, and giveth it to whomsoever he will, Dan. 4.17.25.32.

God gave order to Samuel to Anoint, first, Saul, 1 Sam. 9.15. How he made Saul and David Kings. then David, King, 1 Sam. 16 12. And, afterwards, he setled the Kingdome in Davids Family, 2 Sam. 7.11.12.

And God tels us by S. Paul, Luke 12.11.2 Chron. 9. [...]. That the higher Power is his Ordi­nance, Rom. 13.1.2. And his Minister, Ver. 4. Ordain'd and Constituted his Lieftenant, to Rule and Governe by him, and for him.

And, at this day, he Constituteth them in some places, How God makes Kings at this day. by the Peoples election, and with us by Hereditary succession, Jam. 1.1.

But howsoever Constituted, the Supreme Magistrate is Gods Ordinance; and he that Resisteth him, resisteth the Ordinance of God; and they that Resist shall receive to themselves Damnation, Rom. 13.2.

Now the great Question, and onely doubt to be Resolved, is, Whether the King be the Supream Ma­gistrate. S. Pauls Cha­racter of the Supreme Ma­gistrate applyed to the King. Who, with us, is the Supreme Magistrate? Whether the King, or the Lords and Commons Assembled in Parliament?

I answer, and prove, the King to be the Supreme Magistrate, that Character which S. Paul gives of him, Rom. 13.

The higher Power to whom ever Soul is subject, Verse 1.

And, with us, the King is that higher Power, from whom all Au­thority and Jurisdiction is derived, 1 Edw. 6. c. 2.

And to whom every Subject owes Homage, and faith of Member, Life, and earthly Honour, 6 Edw. 1. Com. Sur. Little. 85.

The Minister of God having the power of the Sword, for de­fence of the good, and punishment of evill doers, Verse 3, 4.

And, with us, the King hath full power in all cases to doe Justice to all men, 24 Hen. 8. cap. 12.

And the punishment of all offenders belongs to the King, Mar. 1.1.

And all Judges and Ministers of Justice, have their power in this case by Commission from him, 27 Hen. 8. c. 4.

Lastly, the sole power of pardoning Treasons, and Felonies, belongs to the King, Ibid.

The Person to whom Tribute is due, and Customes, and Fear, and Honour, Ver. 7. which is, the King.

[Page 4] Secondly, The Kings Su­premacy asser­ted by the Laws of the Land. the Kings Supremacy is asserted by the Lawes of the Land, and by severall Acts of Parliament, whereto the Lords and Commons themselves have assented.

Bracton, Bracton. a Learned Lawyer, living in the Time of Hen. 3. tells us, Every one is under the King, and he under none but God alone, Lib. 4. Cap. 24. Sect. 5.

The Regality of the Crown of England is immediatly subject to God, 16 Ric. 2. c. 5. and to none other, 16 Rich. 2. c. 5.

24 Hen. 8. c. 12. 24 Hen. 8 c. 12. The Realme of England is an empire, and so hath been accepted in the world, Governed by one Supreame Head, and King, having the Dignity, and Royall estate of the Imperial Crown of the same, unto whom a Body Politick compact of all sorts, and degrees of People, been bounden, and owen, to bear next to God, a naturall and humble obedience.

25 Hen. 8. c. 21. 25 Hen. 8. c. 21. The Commons acknowledge no Superiour to the King under God.

1 Eliz. 1. 1 Eliz. 1. The Oath of Supremacy is framed; Declaring, the King to be the one Supream Governour in all Causes, and over all Persons; &c.

And the said Act is but a Declaration of the Ancient Law, Caw­dries Case, 5. part fol. 1.

And no Person in any Parliament hath a voice in the House of Commons unlesse he take this Oath, 5 Eliz. 1.

1 Jac. 1. 1 Jac. 1. The Lords and Commons Assembled in Parliament tell us, That in the High Court of Parliament, all the Body of the Realme is either in Person, or by Representation (upon their own free election) And they acknowledge King James to be their only Right­full, and Lawfull King, Lord, and Soveraign: And they submit themselves, and their Posterities to His Majesty, and His Royall Pro­geny; and Posterity for ever.

And in this present Parliament in their Addresses to the King doe the Lords and Commons acknowledge Him their gratious Soveraigne, and themselves His Majesties Subjects.

Now the Law makes not the Servant greater then his Master, nor the Subject greater then the King; for that were to subvert Order and Measure.

Lastly, the King calls, adjournes, prorogues, and dissolves the two Houses at pleasure: therefore He is Superiour to them.

[Page 5] Though at this time the exercise of that Kingly Power be su­spended by the Act of Continuation; whereby neverthelesse, the two Houses were inlarged in Time onely, not in Power.

And whatsoever is pretended, The power of the Lords and Commons in Parliament. the Lords and Commons as­sembled in Parliament have, in truth, no more power then what the Kings Writ of Summons gives them.

And the Lords are summoned, To Consult, and Treat with the King upon matters of great Concernment touching the King, the De­fence of the Kingdome, and Church of England: And the Commons, To Doe, and Consent to such things as shall be ordained by Common Counsell in Parliament.

And this is all the Power that the Knights, Citizens, and Bur­gesses, have from the Places, for which they serve.

The Power of Magistracy, is not, cannot be, from the People, The King the Representative of God; the Parliament of the People. but from God: And so the King, the Representative of God, must needs be Superiour to the Parliament the Representative of the People.

Thus in the Order of Government God hath the first place, The Order in Government. throughout the world: And next under God is the Supreme Ma­gistrate in all places of the world: And, in England, the KING is the supreme Governour, inferiour to none but God alone His Mi­nister to protect, and punish; and, under him, the Fountaine of all Authority, Power, and Justice, in the Kingdome: To whom every one owes homage, and the whole Body of the Realme a naturall and humble obedience, as to their Head; and faith and allegiance, as to their onely rightfull and lawfull Lord and Soveraigne.

Now the meanes, and manner, whereby the KING of England obtaines the Government thereof, is set forth, 1 Jac. 1. where the Lords and Commons assembled in Parliament, How the Crowne de­scends to the King. (being bounden thereunto both by the Lawes of God, and Man) doe recognize and ac­knowledge, That immediately upon the Dissolution and Decease of Eliz. late Queen of England, the Imperiall Crowne of the Realme of England, and of all the Kingdomes, Dominions, and Rights, belong­ing to the same, did by inherent Birth right, and lawfull, and un­doubted Succession descend, and come, to His most excellent Majesty, as being Lineally, Justly, and Lawfully, next, and sole Heire of the Bloud Royall of this Realme; And that, Note. by the goodnesse of God Al­mighty, and Lawfull Right of Descent, he was King of England, &c.

[Page 6] And so the saying of Sir Walter Raleigh is verified with us, Lib. Secund. Hist. Mund. Kings are made by God and Lawes Divine; and by Humane Laws, onely declared to be Kings: Rom. 14.4. And thereupon he observes, That David thought himself accomptable onely to God, To thee onely have I sinned, Psal. 51.

Object. But Parliaments have Deposed Kings; and translated the Crowne from the Heire of the Bloud Royall to others.

The Deposers were Traytours, Sol. by the Resolution of all the Judges of England, Cook. 2. part. Instit: cap. of High Treason.

And those that came to the Crowne by the Title of the Parlia­ment were Ʋsurpers; and Kings onely De facto, but not De jure.

Nor let us owne the Practises of exorbitant Parliaments, but adhere to our legall Oaths of Supremacy and Allegiance, wherein we have sworne to beare faith and true Allegiance, as to the Kings Highnesse, so to His Heires and lawfull Successours: And Him, and Them to defend to the utmost of our power, against all Con­spiracies and Attempts whatsoever, which shall be made against His or Their Persons, their Crowne, and Dignity.

And whereas, They (in former times) did set up Kings, and not by God, Hos. 8.4.

We have said, See Junius and Tremelius upon the places. we have no King, what shall a King doe unto us? Hos. 10.3.

Take all summed up in the Confession of the Church of Scotland, concerning the Civill Magistrate.

WE confesse, The Confessi­on of the Ch: of Scotland. and acknowledge, Empires, Kingdomes, Domini­ons, and Cities, to be distincted, and ordained by God; The powers and Authorities in the same (be it of Emperours, in their Em­pires; Kings, in their Realmes; Dukes, and Princes, in their Domi­nions; And of other Magistrates in their Citie) to be Gods holy Or­dinance, ordained for the manifestation of his glory, and for the singu­lar profit and community of Mankind, so that whosoever goeth about to take away, or confound the whole state of Civill policy, now long established, we affirme the same men not only to be Enemies to Man­kind, but also wickedly to fight against Gods expressed will.