tates, seeing there could not be any other government for the time.

Barclay1 answereth to this:

"The mean is inferior to the end, it holdeth not; the tutor and curator is for the minor, as for the end, and given for his good; but it followeth not that, therefore, the tutor, in the administration of the minor or pupil's inhe ritance, is not superior to the minor."

Ans. It followeth well that the minor virtually, and in the intention of the law, is more excellent than the tutor, though the tutor can exercise more excellent acts than the pupil, by accident, for defect of age in the minor, yet he doth exercise those acts with subordination to the minor, and with correction, because he is to render an account of his doings to the pupil coming to age; so the tutor is only more excellent and superior in some respect, aràbut not simply, and so is the king in some respect above the people.

The P. Prelate beggeth from the roya lists another of our arguments, Quod efficit tale, est magis tale,-"That which maketh another such, is far more such itself." If the people give royal power to the king, then far more is the royal power in the people. By this (saith the Prelate) it shall follow, if the observator give all his goods to me, to make me rich, the observator is more rich: if the people give most part of their goods to foment the rebellion, then the people are more rich, having given all they have upon the public faith.

Âns.-1. This greedy Prelate was made richer than ten poor pursuivants, by a bishopric; it will follow well, therefore, the bishopric is richer than the bishop, whose goods the curse of God blasteth. 2. It holdeth in efficient causes, so working in other things as the virtue of the effect remaineth in the cause, even after the production of the effect. As the sun maketh all things light, the fire all things hot, therefore the sun is more light, the fire more hot; but where the cause doth alienate and make over, in a corporal manner, that which it hath to another, as the hungry Prelate would have the observator's goods, it holdeth not; for the effect may exhaust the virtue of the cause, but the people doth, as the fountain, derive a stream of royalty to Saul, and

Barcla., lib. 4, conc. Monarcho., c. 11, p. 27. Sacr. Sanc. Mai., c. 13, p. 130, stolen out of Arnisæus de jure Majest. c. 3, n. 1, p. 34.

make him king, and yet so as they keep fountain-power of making kings in themselves; yea, when Saul is dead to make David king at Hebron, and when he is dead to make Solomon king, and after him to make Rehoboam king; and, therefore, in the people there is more fountain-power of making kings than in David, in Saul, in any king of the world. As for the Prelate's scoff about the people's giving of their goods to the good cause, I hope it shall, by the blessing of God, enrich them more; whereas prelates, by the rebellion in Ireland, (to which they assent, when they council his Majesty to sell the blood of some hundred thousands of innocents killed in Ireland,) are brought, from thousands a year, to beg a morsel of bread.

The P. Prelate (p. 131) answereth that maxim, Quod efficit tale, id ipsum est magis tale," That which maketh another such, it is itself more such." It is true, de principio formali effectivo, (as I learned in the university,) of such an agent as is formally such in itself as is the effect produced. Next, it is such as is effective and productive of itself, as when fire heateth cold water, so the quality must be formally inherent in the agent; as wine maketh drunk, it followeth not, wine is more drunk, because drunkenness is not inherent in the wine, nor is it capable of drunkenness; and, therefore, Aristotle qualifieth the maxim with this, Quod efficit tale est magis tale, modo utrique insit," and it holdeth not in agents, who operate by donation, if the right of the king be transferred from the people to the king." The donation divesteth the people totally of it, except the king have it by way of loan, which, to my thinking, never yet any spoke. Sovereignty never was, never can be, in the community. Sovereignty hath power of life and death, which none hath over himself, and the community conceived without government, all as equal, endowed with nature's and native liberty, of that community no one can have power over the life of another. And so the argument may be turned home, if the people be not tales, such by nature, (as hath formally royal power, he should say,) they cannot give the king royal power; also, none hath power of life and death, either more eminently or formally, the people, either singly or collectively, have not power over their own life, much less over their neighbours'.

Ans.-1. The Prelate would make the maxim true of a formal cause, and this he

learned in the University of St. Andrews. He wrongeth the university, he rather learned it while he kept the calves of Crail. The wall is white from whiteness; therefore, whiteness is more white by the Prelate's learning. Never such thing was taught in that learned university. 2. Principium formale effectivum is as good logic as principium effectivum materiale, formale, finale. The Prelate is in his accuracy of logic now. He yet maketh the causality of the formal cause all one with the causality of the efficient; but he is weak in his logic. 3. He confoundeth a cause equivocal and a cause univocal, and in that case the maxim holdeth not. Nor is it necessary to make true the maxim, that the quality be inherent in the cause the same way; for a city maketh a mayor, but to be a mayor is one way in the city, and another way in him who is created mayor. The Prelate's maxim would help him, if we reasoned thus: The people maketh the king, therefore the people is more a king, and more formally a sovereign than the king. But that is no more our argument than the simile that Maxwell used, as near heart and mouth both. Wine maketh drunk the Prelate, therefore wine is more drunk. But we reason thus: The fountainpower of making six kings is in the people, therefore there is more fountain-power of royalty in the people than in any one king. For we read that Israel made Saul king, and made David king, and made Abimelech king; but never that king Saul made another king, or that an earthly king made another absolute king. 4. The Prelate will have the maxim false, where the agent worketh by donation, which yet holdeth true by his own grant (c. 9, p. 98). The king giveth power to a deputy, therefore there is more power in the king. 5. He supposeth that which is the basis and foundation of all the question, that people divesteth themselves totally of their fountain-power, which is most false. 6. Either they must divest themselves totally (saith he) of their power, or the king hath power from the people, by way of loan, which, to my thinking, never any yet spake. But the P. Prelate's thinking is short, and no rule to divines and lawyers; for, to the thinking of the learned jurists, this power of the king is but fiduciary, and that is (whether the Prelate think it or think it not) a sort of power by trust, pawn or loan. Rex director Regni, non proprietarius, (Molinæ. in consuet. Parisi.

Tit. 1, 9; 1 Gloss. 7, n. 9,)—" The king is a life-renter, not a lord, or proprietor of his kingdom." So Novel. 85, in princip, et c. 18, Quod magistratus sit nudus dispensator et defensor jurium regni, non proprietarius, constat, ex eo quod non posset alienare imperium, oppida, urbes, regiones ve, vel res subditorum, bonave regni. So Gregory, l. 3, c. 8, de Repub. per c. 1, Sect. præterea, de propo. feud. Hottoman, quest. illust. 1; Ferdinan. Vasquez, 1. 1, c. 4; Bossius, de princip. et privileg. illius, n. 290,-" The king is only a steward, and a defender of the laws of the kingdom, not a proprietor, because he hath not power to make away the empire, cities, towns, countries, and goods of the subjects;" and, bona commissa magistratui, sunt subjecta restitutioni, et in prejudicium successorum alienari non possunt, (per l. ult. Sect. sed nost. C. Comment. de leg. l. peto 69, fratrem de leg. 2, l. 32, ult. d. t.)—“ All the goods committed to any magistrate are under restitution; for he hath not power to make them away, to the prejudice of his successors. The Prelate's thoughts reach not the secrets of jurists, and therefore he speaketh with a warrant; he will say no more than his short-travelled thoughts can reach, and that is but at the door. 7. Sovereignty is not in the community, (saith the P. Prelate). Truly it neither is, nor can be, more than ten, or a thousand, or a thousand thousands, or a whole kingdom, can be one man; for sovereignty is the abstract, the sovereign is the concrete. Many cannot be one king or one soverign : a sovereign must be essentially one; and a multitude cannot be one. But what then? May not the sovereign power be eminently, fontaliter, originally and radically in the people? I think it may, and must be. A king is not an under judge: he is not a lord of council and session formally, because he is more. The people are not king formally, because the people are eminently more than the king; for they make David king, and Saul king; and the power to make a lord of council and session, is in the king (say royalists). 8. A community hath not power of life and death; a king hath power of life and death (saith the Prelate). What then? Therefore a community is not king. I grant all. The power of making a king, who hath power of life and death, is not in the people. Poor man! It is like prelates' logic. Samuel

subjects are either the king, or the king's

said to the judges, Take heed what,ye do,

,כי

of these two; but they are not the king, therefore they are his subjects.

Ans.-All the kingdom, in any consideration, is not either king or subjects. I give a third: The kingdom collective is neither properly king nor subject; but the kingdom embodied in a state, having collateral, is a co-ordinate power with the king.

Obj.-The university is ruled by laws, therefore they are inferior to the king who ruleth all by law,

Ans.-The university, properly, is no otherwise ruled by laws than the king is ruled by laws, The university, formally, is the complete politic body, endued with a nomothetic faculty, which cannot use vio, lence against itself, and so is not properly under a law,

QUESTION XX,

WHETHER OR NO INFERIOR JUDGES BE UNIVOCALLY AND ESSENTIALLY JUDGES, AND THE IMMEDIATE VICARS OF GOD, NO LESS THAN THE KING, OR IF THEY BE ONLY THE DEPUTIES AND VICARS OF THE KING,

It is certain that, in one and the same kingdom, the power of the king is more in extension than the power of any inferior judge; but if these powers of the king and the inferior judges differ intensive and in spece, and nature is the question, though it be not all the question,

Assert.-Inferior judges are no less essentially judges, and the immediate vicars of God, than the king. Those who judge in the room of God, and exercise the judgment of God, are essentially judges and deputies of God, as well as the king; but inferior judges are such, therefore the proposition is clear. The formal reason, why the king is univocally and essentially a judge, is, because the king's throne is the Lord's throne; 1 Chron. xxix, 23, "Then Solomon sat on the throne of the Lord, as king, instead of David his father." 1 Kings 1. 13, It is called David's throne, because the king is the deputy of Jehovah; and the judgment is the Lord's. I prove the assumption. Inferior judges appointed by king Jehoshaphat have this place, 2 Chron. xix. 6," The king

for ye judge not for man, but for the Lord. Then, they were deputies in the place of the Lord, and not the king's deputies in the formal and official acts of judging. Ver. 7, "Wherefore, now, let the fear of the Lord be upon you, take heed and do it; for there is no iniquity with the Lord our God, nor respect of persons, or taking of gifts.

Hence I argue, 1. If the Holy Ghost, in this good king, forbid inferior judges, wresting of judgment, respecting of persons, and taking of gifts, because the judgment is the Lord's, and if the Lord himself were on the bench, he would not respect persons, nor take gifts, then he presumeth, that inferior judges are in the stead and place of Jehovah, and that when these inferior judges should take gifts, they make, as it were, the Lord, whose place they represent, to take gifts, and to do iniquity, and to respect persons; but that the Holy Lord cannot do. 2. If the inferior judges, in the act of judging, were the vicars and deputies of king Jehoshaphat, he would have said, judge righteous judgment. Why? For the judgment is mine, and if I, the king, were on the bench, I would not respect persons, nor take gifts; and you judge for me, the Supreme Judge, as my deputies. But the king saith, They judge not for man, but for the Lord. 3. If, by this, they were not God's immediate vicars, but the vicars and deputies of the king, then, being mere servants, the king might command them to pronounce such a sentence, and not such a sentence as I may command my servant and deputy, in so far as he is a servant and deputy, to say this, and say not that; but the king cannot limit the conscience of the inferior judge, because the judgment is not the king's, but the Lord's. 4. The king cannot command any other to do that as king, for the doing whereof he hath no power from God himself; but the king hath no power from God to pronounce what sentence he pleaseth, because the judgment is not his own but God's. And though inferior judges be sent of the king, and appointed by him to be judges, and so have their external call from God's deputy the king, yet, because judging is an act of conscience, as one man's conscience cannot properly be a deputy for another man's conscience, so neither can an inferior judge, as a judge, be a deputy for a king. There