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A92147 A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / By Samuel Rutherford professor of divintiy of St Andrews in Scotland. Rutherford, Samuel, 1600?-1661. 1656 (1656) Wing R2396; Thomason E871_1; ESTC R207911 452,285 479

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inferior to the hand and far more to the whole body as any part is inferior to the whole 2. Consider the King reduplicative and formally as King and by the officiall relation he hath he is no more then but a Royall servant an officiall meane tending ex officio to this end to preserve the people to rule and governe them and a gift of God given by vertue of his office to rule the people of God and so any way inferiour to the people 9. Those who are before the King and may be a People without a King must be of more worth then that which is posteriour and cannot be a King without them For thus Gods selfe sufficiency is proved in that he might be and eternally was blessed for ever without his Creature but his creature cannot subsist in being without him Now the people were a people many yeares before there was any government save domestick and is a people where there is no King but only an Aristocracy or a Democracy but the King can be no King without a people It is vaine that some say the King and Kingdome are relatives and not one is before another for its true in the naked relation so are father and sonne Master and servant Relata simul natura but sure there is a priority of worth and independency for all that in the father above the sonne and in the master above the servant and so in the people above the King take away the people and Dyonisius is but a poore Schoole-master 2. Asser The people in power are superiour to the King 1. because every efficient and constituent cause is more excellent then the effect Every meane is inferiour in power to the end so Iun. Brutus q. 31. Bucher l. 1. c. 16. Author Lib. De offic Magistr q. 6. Henaenius disp 2. n. 6. Ioan. Roffensis Epist De potest pap l. 2. c. 5. Spalato de Repu Ecclesiast l. 6. c. 2. n. 31. but the people is the efficient and constituent cause the King is the effect the people is the end both intended of God to save the people to be a healer and a Physician to them Esay 3. v. 7. and the people appoint and create the King out of their indigence to preserve themselves from mutuall violence Many things are objected against this 1. That the efficient and constituent cause is God and the people is only the instrumentall cause and Spalato saith that the people doth indirectly only give Kingly power because God at their act of election ordinarily giveth it Ans The Scripture saith plainly as we heard before the people made Kings and if they doe as other second causes produce their effects it is all one that God as the principall cause maketh Kings else we should not argue from the cause to the effect amongst the creatures 2. God by that same action that the people createth a King doth also by them as by his instruments create a King and that God doth not immediatly at the naked presence of the act of popular election conferre Royall dignity on the man without any action of the people as they say by the Churches act of conferring Orders God doth immediatly without any act of the Church infuse from Heaven supernaturall habilities on the man without any active influence of the Church is evident by this 1. The Royall power to make Lawes with the King and so a power eminent in their states representative to governe themselves is in the people for if the most high acts of Royalty be in them why not the power also and so what need to fetch a Royall power from Heaven to be immediatly infused in him seeing the people hath such a power in themselves at hand 2. The people can and doth limite and bind Royall power in elected Kings ergo they have in them Royall power to give to the King those who limit power can take away so many degrees of Royall power and those who can take away power can give power and it is unconceiveable to say that people can put restraint upon a power immediatly comming from God if Christ immediatly infuse an Apostolick spirit in Paul mortall men cannot take from him any degrees of that infused spirit if Christ infuse a spirit of nine degrees the Church cannot limit it to six degrees only but Royalists consent that the people may choose a King upon such conditions to raigne as he hath Royall power of ten degrees whereas his Ancester had by birth a power of foureteen degrees 3. It is not intelligible that the Holy Ghost should give Commandement to the people to make such a man King Deut. 17. 15 16. and forbid them to make such a man King if the people had no active influence in making a King at all but God solely and immediately from Heaven did infuse Royalty in the King without any action of the people save a naked consent only and that after God had made the King they should approve only with an after-act of naked approbation 4. If the people by other Governours as by heads of families and other choise men governe themselves and produce these same formall effects of Peace Justice Religion on themselves which the King doth produce then is there a power of the same kind and as excellent as the Royall power in the people and no reason but this power should be holden to come immediatly from God as the Royall Power for it is every way of the same nature and kind and as I shall prove Kings and Iudges differ not in nature and spece but it is experienced that people doe by Aristocraticall guides governe themselves c. so then if God immediatly infuse Royalty when the people chooseth a King without any action of the people then must God immediatly infuse a beame of governing on a Provost and a Bailiffe when the people choose such and that without any action of the people because all Powers are in abstracto from God Rom. 13. 2. and God as immediatly maketh inferiour Iudges as superiour Prov. 8. 16. and all promotion even to be a Provost or Major commeth from God only as to be a King except Royalists say all promotion commeth from the East and from the West and not from God except promotion to the Royall Throne the contrary whereof is said Ps 75. 6 7. 1 Sam. 2. 7 8. not only Kings but all Judges are Gods Ps 82. 1 2. and therefore all must be the same way created and moulded of God except by Scripture Royalists can shew us a difference An English Prelate giveth Reasons why People who are said to make Kings as efficients and Authors cannot unmake them the one is because God as chief and sole supreame Moderator maketh Kings but I say Christ as the chiefe Moderator and head of the Church doth immediatly conferre abilities to a man to be a Preacher and though by industry the man acquire abilities yet in
Because Kings are Gods bearing the sword of vengeance against seditious and bloody Prelates and other ill-doers But Christ God-Man the Mediator and Head of the body the Church hath neither Pope nor King to be head under him The sword is communicable to men but the Headship of Christ is communicable to no King nor to any created shoulders 2. The Iesuite maketh the Pope a King and so this P. Prelate maketh him in extent the Bishop of Bishops and so King as I have proved But we place no Soveraigntie in Presbyteries but a meere ministeriall power of servants who doe not take on them to make Lawes and Religious Ceremonies as Prelates doe who indeed make themselves Kings and Law-givers in Gods house P. Prelate We speake of Christ as Head of the Church Some think that Christ was King by his Resurrection jure acquisito by a new title Right of merit I think he was a King from his conception Ans You declare hereby that the King is a ministeriall Head of the Church under the head Christ All our Divines disputing against the Popes headship say No mortall man hath shoulders for so glorious a head You give the King such shoulders But why are not the Kings euen Nero Iulian Nebuchadnezzar Belshazer Vicegerents of Christ as Mediator as Priest as Redeemer as Prophet as Advocate presenting our prayers to God his Father What action I pray you have Christian Kings by office under Christ in dying and rising from the dead for us in sending down the Holy Ghost preparing mansions for us Now it is as proper and incommunicably reciprocall with the Mediator to be the only Head of the body the Church Col. 1. 18. as to be the only Redeemer and Advocate of his Church 2. That Christ was King from his conception as Man borne of the Virgin Mary suteth well with Papists who will have Christ as Man the visible Head of the Church that so as Christ-man is now in heaven he may have a visible Pope to be Head in all Ecclesiasticall matters And that is the reason why this P. Prelate maketh him head of the Church by an Ecclesiasticall right as we heard and so he followeth Becanus the Iesuite in this and others his fellowes P. Prelate 1. Proofe If Kings reigne by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per in and through Christ as the Wisdome of God and the Mediator then are Kings the Vicegerents of Christ as Mediator But the former is said Prov. 8. 15 16. as D. Andrewes of blessed memorie Ans 1. Denies the major All beleevers living the life of God ingrafted in Christ as branches in the tree Job 15. 1. 2 should by the same reason be Vicegerents of the Mediator so should the Angels to whom Christ is a head Col. 2. 10. be his Vicegerents and all the Iudges and Constables on earth should be under-Mediators for they live and act in Christ yea all the Creatures in the Mediator are made new Rev. 21. 5. Rom. 8. 20 21 22. 2. D. Andrewes name is a curse on the earth his writings prove him to be a Popish Apostate P. Prelate 2. Christ is not only King of his Church but in order to his Church King over the Kings and Kingdomes of the earth Ps 2. 5. 8. 3. Math. 21. 18. To him is given all power in heaven and earth ergo all Soveraigntie over Kings Ans 1. If all these be Christs vicegerents over whom he hath obtained power then because the Father hath given him power over all flesh to give them life eternall Ioh. 17. 1. 2. then are all beleevers his Vicegerents yea and all the damned men and Devils and Death and Hell are his Vicegerents for Christ as Mediator hath all power given to him as King of the Church and so power Kingly over all his enemies to reigne while he make them his footstoole Ps 1 10. 1. 2. to break them with a rod of iron Ps 2. 9. 1 Cor. 15. 24 25 26 27. Revel 1. 18. 20. v. 10 11 12 13 14 15. And by that same reason the P. Prelates 4. and 5. Argument fall to the ground He is heire of all things ergo all things are his Vicegerents What more vaine He is Prince of the Kings of the earth and King of Oggs of Kings of his Enemies ergo Sea and Land are his Vicegerents P. Prelate Kings are nurse-fathers of the Church ergo they hold their crowns of Christ 3. Divines say that by men in sacred Orders Christ doth rule his Church mediately in those things which primely concerne salvation and that by Kings their scepter and power he doth protect his Church and what concerneth externall pompe order and decencie Then in this latter sense Kings are no lesse the immediate Vicegerents of Christ than Bishops Priests and Deacons in the former Ans Because Kings hold their Crownes of Christ as Mediator and Redeemer it followeth by as good consequence Kings are submediators and under-Priests and Redeemers as Vicegerents Christ as King hath no visible Royall Vicegerents under him 2. Men in holy Orders sprinkled with one of the Papists five blessed Sacraments such as Antichristian Prelates unwashed Priests to offer sacrifices and Popish Deacons are no more admitted by Christ to enter into his sanctuary as governours then the Leaper into the Campe of old and the Moabite and Ammonite were to enter into the congregation of the Lord Deut. 23. 3. therefore we have excommunicated this P. Prelate and such Moabites out of the Lords house 2. What be the things that doe not primely concerne salvation the P. Prelate knoweth to wit Images in the Church Altar worship Antichristian Ceremonies which primely concerne damnation 3. I understand not what the P. Prelate meaneth that the King preserveth externall Government in order and decency in Scotland in our Parliament 1633. the prescribed Surplice and he commanded the Service-booke and the Masse-worship The Prelate degradeth the King here to make him onely keep or preserve the Prelates Masse-Clothes they intended indeed to make the King but the Popes servant for all they say and do for him now 4. If the King be vicegerent of Christ in prescribing Laws for the externall ordering of the worship and all their decent symbolicall Ceremonies What more doth the Pope and the Prelate in that kinde He may with as good warrant Preach and Administrate the Sacraments P. Prelate Kings have the sign of the Crosse on their Crowns Answ Ergo Baculus est in angulo Prelates have put a crosse in the Kings heart and crossed Crown and Throne to Really Some Knights some Ships some Cities and Burroughes do carry a crosse are they made Christs vice-gerents of late By what antiquity doth the Crosse signifie Christ Of old it was a badge of Christians no Religious Ceremony and is this all The King is the vicegerent of Christians The Prelates we know adore the Crosse with Religious worship so must they adore the Crown P. Prelate Grant that the
true Kings in a speciall manner reign by Christ Ergo Not by the peoples free election The P. Prelate argueth like himself By this Text a Major of a Citie by the Lord decreeth justice Ergo He is not made a Major of the Citie by the people of the Citie It followeth not 4. None of us teach that Kings reign by Gods anger We judge a King a great mercy of God to Church or State But the Text saith not By the Lord Kings and Iudges do not onely reign and decree justice but also murther Protestants by raising against them an Army of Papists And the word 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Powers doth in no Greek Author signifie irrevocable powers for Vzziah was a lawfull King and yet 2 Chron. 26. lawfully put from the throne and cut off from the house of the Lord And Interpreters on this place deny that the place is to be understood of Tyrants so the Chaldee Paraphrase turns it well Potentes virga justitiae so Lavater and Di●datus and Thomas saith this place doth prove That all Kings and Iudges Laws derivari a lege aeterna are derived from the eternall Law The Prelate eating his tongue for anger striveth to prove That all power and so Royall power is of God but what can he make of it we beleeve it though he say Sectaries prove by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That a man is justified by faith onely so there is no power but of God onely but feel the smell of a Iesuite it is the Sectaries doctrine That we are justified by faith onely but the Prelates and the Iesuites goe another way not by faith onely but by works also And all power is from God onely as the first Author and from no man What then Therefore men and people interpose no humane act in making this man a King and not this man It followeth And let us with the Prelate joyn Paul and Solomon together and say That Soveraigntie is from God of God by God as Gods appointment irrevocable Then shall it never follow it is unseparable from the person except you make the King a man immortall as God onely can remove the Crown it is true but God onely can put an unworthy and an excommunicated Prelate from Office and Benefice but how Doth that prove that men and the Church may not also in their place remove an unworthy Church-man when the Church following Gods Word delivereth to Satan Christ onely as head of the Church excommunicateth scandalous men Ergo The Church cannot do it and yet the Argument is as good the one way as the other for all the Churches on earth cannot make a Minister properly they but design him to the Ministery whom God hath gifted and called But shall we conclude ergo no Church on earth but God onely by an immediate action from Heaven can deprive a Minister how then durst Prelates excommunicate unmake and imprison so many Ministers in the three Kingdoms But the truth is take this one Argument from the Prelate and all that is in his Book falleth to the ground to wit Soveraigntie is from God onely A King is a creature of Gods making onely and what then Ergo Soveraigntie cannot be taken from him So God onely made Aarons house Priests 2. Solomon had no Law to depose Abiathar from the Priest-hood Possibly the Prelate will grant all the place Rom. 13. which he saith hath tortured us I refer to a fitter place it will be found to torture Court Parasites I goe on with the Prelate c. 3. Sacred Soveraignty is to be preserved and Kings are to be prayed for that we may lead a godly life 1 Tim. 3. What then 1. All in authority are to be prayed for even Parliaments by that text Pastors are to be prayed for and without them sound religion cannot well subsist 2. Is this questioned but Kings should be prayed for or are we wanting in this duty but it followeth not that all dignities to be prayed for are immediatly from God not from men Prelate Prov. 8. Solomon speaketh first of the establishment of Government before he speake of the workes of Creation ergo better not be at all as be without government And God fixed government in the person of Adam before Evah or any else came into the world and how shall government be and we enjoy the fruits of it except we preserve the Kings sacred Authority inviolable Ans Moses Gen. 1. speaketh of Creation before he speaketh of Kings and Moses speaketh Gen. 3. of Adams sins before he speakes of redemption through the blessed seed ergo better never be redeemed at all as to to be without sin 2. If God made Adam a governour before he made Evah and any of Mankind he was made a father and a husband before he had either sonne or wise Is this the Prelates Logick he may prove that two eggs on his fathers Table are three this way 3. There is no government where soveraignty is not keptinviolable It is true where there is a King soveraignty must be inviolable What then Arbitrary government is not soveraignty 4. He intimateth Aristocracy and Democracy and the power of Parliaments which maketh Kings to be nothing but Anarchie for he speaketh here of no government but Monarchy P. Prelate there is need of grace to obey the King Ps 18. 43. Ps 144. 2. It is God who subdueth the people under David 2. Rebellion against the King i● rebellion against God Pet. 2. 17. Prov 24. 12. Ergo Kings have a neare alliance with God Ans 1. There is much grace in Papists and Prelates then who use to write and Preach against grace 2. Lorinus your brother Iesuite will with good warrant of the texts inferre that the King may make a conquest of his own Kingdomes of Scotland and England by the sword as David subdued the Heathen 3. Arbitrary governing hath no alliance with God a rebell to God his Country and an Apostate hath no reason to terme lawfull defence against cut-throat Irish rebellion 4. There is need of much grace to obey Pastors inferiour Iudges masters Col. 3. 22 23. ergo their power is from God immediatly and no more from men then the King is created King by the people according to the way of Royalists P. Prelate God saith of Pharaoh Exo. 9. 7. I have raised thee up Elisha from God constituted the King of Syria 2 King 8. 13. Pharaoh Abimelech Hiram Hazael Hadad are no lesse honoured with the compellation of Kings then David Saul c. Ier. 29. 9. Nebuchadnezer is honoured to be called by way of excellency Gods servant which God giveth to David a King according to his owne heart and Esay 45. 1 2. Thus saith the Lord to his anoynted Cyrus and God nameth him neere a hundreth yeare before he was borne Esay 44. 28. He is my shepheard Daniel 2. 19 20. 17. 24. God giveth Kingdomes to whom he will Dan. 5. 8. and p. 37. Empires Kingdomes Royalties are not
he sinned truely in not discharging the duty of a King onely because he wanted a ceremony the peoples approbation which the Prelate saith is required to the solemnity and pompe not to the necessity and truth and essence of a formall King So the Kings Coronation Oath and the peoples Oath must be Ceremonies and because the Prelate is perjured himselfe therefore perjury is but a ceremony also 9. The enthronization of Bishops is like the Kinging of the Pope the Apostles must spare Thrones while they come to Heaven Luk. 22. 29 30. the P. Prelates with their head the Pope must be enthroned 10. The hereditary King he maketh a King before his Coronation and his Acts are as valid before as after his Coronation it might cost him his head to say that the Prince of Wales is now no lesse King of Britaine and his Acts Acts of Kingly Royalty no lesse then our Soveraigne is King of Britaine if Lawes and Parliaments had their owne vigour from royall Authority 11. I allow that Kings be as high as God hath placed them but that God said of all Kings I will make him my first borne c. Psalm 89. 26 27. which is true of Solomon as the Type 2 Sam 7. 1 Chro. 17. 22. 2 Sam. 7. 12. and fulfilled of Christ and by the Holy Ghost spoken of him Heb. 1. 5 6. is blasphemous for God said not to Nero Iulian Dioclesian Belshazer Evilmerodach who were lawfull Kings I will make him my first borne and that any of these blasphemous Idolatrous Princes should cry to God he is my Father my God c. is Divinity well beseeming an excommunicated Prelate Of the Kings dignity above the Kingdome I speake not now the Prelate pulled it in by the haire but hereafter we shall heare of it P. Prelate God onely anoynted David 1 Sam. 16. 4. the men of Bethleem yea Samuel knew it not before God saith with mine holy oyle have I anoynted him Ps 89. 91. 1. He is the Lords anoynted 2. The oyle is Gods not from the Apothecaries shop nor the Priests Viall this oyle descended from the Holy Ghost who is no lesse the true Olive then Christ is the true Vine yet not the oyle of saving grace as some Fantasticks say but holy 1. From the Author God 2. From influence in the person it maketh the Person of the King sacred 3. From influence on his charge his function and power is sacred Ans 1. The Prelate said before Davids anoynting was extraordinary here he draweth this anoynting to all Kings 2. Let David be formally both constituted and designed King divers yeares before the States made him King at Hebron and then 1. Saul was not King the Prelate will tearme that treason 2. This was a dry oyle David his person was not made sacred nor his authority sacred by it for he remained a private man and called Saul his King his Master and himselfe a subject 3. This oyle was no doubt Gods Oyle and the Prelate will have it the Holy Ghosts yet he denieth that saving grace yea p. 2. c. 1 he denyeth that any supernaturall gift should be the foundation of Royall dignity and that it is a pernitious tenent So to me he would have the Oyle from Heaven and not from Heaven 4. This holy oyle wherewith David was annointed Psalme 89. 20. to Augustine is the oyle of saving grace His own deare brethren the Papists say so and especially Lyranus Glossa ordinaria Hugo Cardinal his beloved Bellarmine and Lorinus Calvin Musculus Marlorat If these be Fanaticks as I think they are to the Prelate yet the Text is evident that this oyle of God was the oyle of saving grace bestowed on David as on a speciall type of Christ who received the spirit above measure and was the anointed of God Ps 45. 7. whereby all his garments smell of myrrhe aloes and cassia ver 8. and his name Messiah is as an oyntment powred out Cant. 1. 2. This anointed shall be head of his enemies 3. His dominion shall be from the sea to the rivers v. 25. 4. He is in the covenant of grace v. 26. 5. He is higher then the Kings of the earth 6. The grace of perseverance is promised to his seed v. 28 29 30. 7. His kingdome is eternall as the dayes of Heaven vers 35. 36. 8. If the Prelate will look under himselfe to Diodatus and Ainsworth they say this holy oyle was powred on David by Samuel and on Christ was powred the Holy Ghost and that by warrant of Scripture and Junius and Mollerus saith with them Now the Prelate taketh the Court way to powre this oyle of grace on many drie Princes who without all doubt are Kings essentially no lesse then David He must see better then the man who finding Pontius Pilate in the Creed said he behoved to be a good man so because he hath found Nero the tyrant Julian the apostate Nebuchadnezzar Evil-Merodach Hazael Hagag all the Kings of Spaine and I doubt not the Great Turke in the 89 Psalm v. 19 20. so all these Kings are anointed with the oyle of grace and all these must make their enemies necks their footstoole all these be higher then the Kings of the Earth and are hard and fast in the covenant of grace c. P. Prelate All the royall ensignes and acts of Kings are ascribed to God The Crown is of God Esa 62. 3. Psal 21. 3. in the Emperours coyne was an hand putting a crowne on their head the Heathen said they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as holding their Crownes from God Psal 18. 39. Thou hast girt me with strength the sword is the embleme of strength unto battell See Iud. 7. 17. their scepter Gods scepter Exod. 4. 20 17 9. we read of two rods Moses and Aarons Aarons rod budded God made both the rods Their judgement is the Lords 2 Chron. 19. 6. their throne is Gods 1 Chron. 19. 21. The Fathers called them sacra vestigia sacra majestas their commandements Divalis jussio The Law saith all their goods are res sacrae Ergo our new Statists disgrace Kings if they blaspheme not God in making them the derivatives of the people the basest extract of the basest of irrationall creatures the Multitude the Communaltie Answ This is all one Argument from the Prelates beginning of his booke to the end In a most speciall and eminent act of Gods providence Kings are from God but therefore they are not from men and mens consent It followeth not From a most speciall and eminent act of Gods providence Christ came into the world and tooke on him our nature ergo he came not of Davids loynes It is a vaine consequence There could not be a more eminent act then this Psal 40. A body thou hast given me Ergo he came not of Davids house and from Adam by naturall generation and was not a man like us
1. Because Nature hath given to man to be a sociall creature and impossible he can preserve himselfe in a societie except he being in communitie transforme his power to an head 2. He saith Hujus vero civilis societatis resp rector ab alio quam ab ipsamet repub constitui non potest justè absque Tyrannide Siquidem ab ipso Deo constitutus non est ●ec electus cuilibet civili societati immediatè Rex aut Princeps Arist polit 3. c. 10. saith It is better that Kings got by election then by birth because Kingdomes by succession are verè regia truly Kingly these by birth are more Tyrannicall masterly and proper to Barbarous Nations And Covarruvias tom 2. pract quest de jurisd Castellan Reip. c. 1. n. 4. faith Hereditary Kings are also made hereditary by the tacit consent of the people and so by law and consuetude Spalato Let us grant saith he that a societie shall refuse to have a Governour over them shall they be for that free in no sort but there be many wayes by which a people may be compelled to admit a governour for then no man might rule over a Communitie against their will But nature hath otherwise disposed ut quod singuli nollent universi vellent that which every one will not have a Commnnitie naturally desireth And the P. Prelate saith God is no lesse the author of Order then he is the author of Being for the Lord who createth all conserveth all and without government all humane societies should be dissolved and goe to ruine Then government must be naturall and not depend upon a voluntary arbitrary constitution of men In nature the liveles creatures inferior give a tacit consent silent obedience to their superiour and the superiour have a powerfull influence on the inferiour In the subordination of creatures we ascend from one superior to another till at last we come to one supreme which by the way pleadeth for the excellencie of Monarchie Amongst Angels there is an order how can it then be supposed that God hath left it to the simple consent of man to establish a heraldrie of sub supra of one above another which neither nature nor the Gospel doth warrant To leave it thus arbitrary that upon this supposed principle Mankind may be without government at all is vain which paradox cannot be maintained In nature God hath established a superiority inherent in superior creatures which is no ways derived from the inferior by communication in what proportion it will and resumeable upon such exigents as the inferior listeth therefore neither hath God left to the multitude the communitie the collective the representative or virtuall body to derive from it selfe and communicate s●veraigntie whether in one or few or more in that measure and proportion pleaseth them which they resume at pleasure Answ 1. To answer Spalato No societie hath liberty to be without all government for God hath given to every societie saith Covarruvias a faculty of preserving themselves and warding off violence and injuries and this they could not doe except they gave their power to one or many Rulers But all that the Prelate buildeth on this false supposition which is his fiction and calumnie not our doctrine to wit that it is voluntary to man to be without all government because it is voluntarie to them to give away their power to on● or moc Rulers is a meere non-consequence 1. We teach that Government is naturall not voluntary but the way and manner of Government is voluntarie All societies should be quickly ruined if there were no Government but it followeth not therefore God hath made some Kings and that immediately without the interveening consent of the people and ergo it is not arbitrary to the people to choose one supreme Ruler and to erect a Monarchie or to choose moe Rulers and to erect an Aristocracie It followeth no way It is naturall to men to expresse their minde by humane voyces Is not speaking of this or that language Greeke rather then Latine as Aristotle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by humane institution It is naturall for men to eat ergo election of this or that meat is not in their choise What reason is in this consequence and so it s a poore consequence also Power of Soveraigntie is in the people naturally ergo it is not in their power to give it out in that measure that pleaseth them and to resume it at pleasure It followeth no way Because the inherencie of Soveraigntie is naturall and not arbitary ergo the alienation and giving out of the power to one not to three thus much not thus much conditionally not absolutely and irrevocably must be also arbitrary It is as if you should say a father having six children naturally loveth them all ergo he hath not freedome of will in expressing his affection to give so much of his goods to this sonne and that conditionally if he use these goods well and not more or lesse of his goods at his pleasure 2. There is a naturall subordination in nature in creatures superior and inferior without any freedome of election the earth made not the heavens more excellent then the earth and the earth by no freedome of will made the heavens superior in excellencie to it selfe Man gave no superioritie of excellencie to Angels above himselfe the Creator of all Beings did both immediately without freedome of election in the creature create the being of all creatures and their essentiall degrees of superiority and inferiority but God created not Saul by nature King over Israel nor is David by the act of creation by which he is made a man created also a King over Israel for then David should from the wombe and by nature be a King and not by Gods free gift Here both the free gift of God and the free consent of the people interveene indeed God made the office and royaltie of a King above the dignitie of the people but God by the interveening consent of the people maketh David a King not Eliab and the people maketh a covenant at Davids inauguration that David shall have so much power to wit power to be a Father not power to be a Tyrant power to fight for the people but no power to waste and destroy them The inferior creatures in nature give no power to the superiour and therefore they cannot give in such a proportion power The deniall of the positive degree is a deniall of the comparative and superlative and so they cannot resume any power But the designing of such a man or such men to be Kings or Rulers is a rationall voluntary action not an action of nature such as is Gods act of creating an Angell a nobler creature then a man and the creating of man a more excellent creature then a beast and for this cause the argument is vaine and foolish for inferior creatures are inferior to the more
but to God But the contrary is true Beside the King and the Peoples covenant with the Lord King Joash made another covenant with the People and Jehoiada the Priest was only a witnesse or one who in Gods name performed the rite of annointing otherwise he was a subject on the peoples side obliged to keep allegiance to Joash as to his Soveraigne and Master But certainly who ever maketh a covenant with the people promising to governe them according to Gods word and upon that condition and these termes receiveth a throne and crown from the people he is obliged to what he promiseth to the people Omnis promittens facit alteri cui promissio facta est jus in promittent●m Who ever maketh a promise to another giveth to that other a sort of right or jurisdiction to challenge the promise The covenant betwixt David and Israel were a shadow if it tye the people to allegiance to David as their King and if it tye not David as King to govern them in righteousnesse but leave David loose to the people and only tye him to God then it is a covenant betwixt David and God only But the Text saith It is a covenant betwixt the King and the People 2 King 11. 17. 2 Sam. 5. 3. Hence our second Argument He who is made a minister of God not simply but for the good of the subject and so he take heed to walk in Gods law as a King and governe according to Gods will he is in so far only made King by God as he fulfilleth the condition and in so far as he is a minister for evill to the subject and ruleth not according to that which the book of the Law commandeth him as King in so far he is not by God appointed King and Ruler and so must be made a King by God conditionally But so hath God made Kings and Rulers Rom. 13. 4. 2 Chron. 6. 16. Ps 89. 30 31. 2 Sam. 7. 12. 1 Chron. 28. 7 8 9. This argument is not brought to prove that Jeroboam or Saul leave off to be Kings when they faile in some part of the condition or as if they were not Gods Vicegerents to be obeyed in things lawfull after they have gone on in wicked courses For the People consenting to make Saul King they give him the Crown pro hac vice at his entry absolutely there is no condition required in him before they make him King but only that he covenant with them to rule according to Gods law The conditions to be performed are consequent and posterior to his actuall coronation and his sitting on the Throne But the argument presupposing that which the Lords word teacheth to wit that the Lord and the people giveth a crown by one and the same action for God formally maketh David a King by the Princes and Elders of Israels choosing of him to be their King at Hebron and therefore seeing the people maketh him a King covenant-wise and conditionally so he rule according to Gods Law and the people resigning their power to him for their safety and for a peaceable and godly life under him and not to destroy them and tyrannize over them it is certain God giveth a King that same way by that same very act of the people and if the King tyrannize I cannot say it is beside the intention of God making a King not yet beside his intention as a just punisher of their transgressions for to me as I conceive nothing either good or evill falleth out beside the intention of him who doeth all things according to the pleasure of his Will if then the people make a King as a King conditionally for their fafety and not for their destruction for as a King he saveth as a man he destroyeth and not as a King and Father and if God by the peoples free election make a King God maketh him a King conditionally and so by covenant and therefore when God promiseth 2 Sam. 7. 12. 1 Chron. 28. 7 8 9. to Davids seed and to Solomon a Throne he promiseth not a Throne to them immediatly as he raised up Prophets and Apostles without any mediate action and consent of the people but he promiseth a Throne to them by the mediate consent election and covenant of the people which condition and covenant he expresseth in the very words of the people covenant with the King so they walke as Kings in the Law of the Lord and take heed to Gods Commandements and Statutes to doe them Obj. But then Solomon falling in love with many outlandish women and so not walking according to Gods Law loseth all royall dignity and Kingly power and the people is not to acknowledge him as King since the Kingly power was conferred upon him rather then Adonijah upon such a condition which condition not being performed by him it is presumed that neither God nor the people under God as Gods instruments in making King conferred any royall power on him Ans It doth not follow that Solomon falling in love with strange women doth lose Royall dignity either in the Court of Heaven or before men because the conditions of the covenant upon which God by the people made him King must be exponed by the Law Deut. 17. now that cannot beare that any one act contrary to the Royall Office yea that any one or two acts of Tyranny doth denude a man of the Royall dignity that God and the people gave him for so David committing two acts of tyranny one of taking his owne faithfull subjects wife from him and another in killing himselfe should denude himselfe of all the Kingly power that he had and that therefore the people after his Adultery and Murther were not to reknowledge David as their King which is most absurd for as one single act of unchastity is indeed against the matrimoniall covenant and yet doth not make the woman no wife at all so it must be such a breach of the Royall Covenant as maketh the King no King that anulleth the Royall Covenant and denudeth the Prince of his Royall authority and power that must be interpreted a breach of the Oath of God because it must be such a breach upon supposition whereof the people would not have given the Crowne but upon supposition of his destructivenesse to the Common-wealth they would never have given to him the Crowne Obj. 2. Yet at least it will follow that Saul after he is rejected of God for disobedience in not destroying the Amalekites as Samuel speaketh to him 1 Sam. 15. is no longer to be acknowledged King by the people at least after he committeth such acts of tyranny as are 1. Sam. 8. 12 13 14 15. c. and after he had killed the Priests of the Lord and persecuted innocent David without cause he was no longer either in the Court of Heaven or the Court of men to be acknowledged as King seeing he had manifestly violated the royall covenant made with the people 1 Sam.