QUEST. III. Whether Royall Power and definite forms of Government be from God? to QUEST. IIII. Whether the king be only and imediatly from God, & not from the people. (1)

QUEST. III. Whether Royall Power and definite forms of Government be from God?

THe King may be said to be from God and his word in these seveall notions. 1. By way of permission, Ier. 43.10. Say to them, thus saith the Lord of hoasts the God of Israel,

Behold I will send and take Nebuchadnezzar the King of Babylon, my servant, and will set his throne upon these stones that I have hid, and he shall spread his royall pavilion over them. And thus God made him a Catholick King, and gave him all Nations to serve him, Jer. 27.6, 7▪ 8. though he was but an unjust Tyrant, and his sword the best title to those crownes.

2. The King is said to be from God, by way of naked approbation. God giving to a people power to appoint what Government they shall thinke good, but instituting none in speciall, in his Word. This way some make Kingly power to be from God in the generall,

but in the particular to be an invention of men, negatively lawfull, and not repugnant to the Word, as the wretched Popish ceremonies are from God. But we teach no such thing: let Maxwell free his Master Bellarmine and other Iesuites, with whom he sideth in Romish Doctrine: we are free of this. Bellarmine saith that politick power in generall is warranted by a Divine law; but the particular formes of politick power, he meaneth Monarchie, with the first, is not by Divine right, but de jure [gap]entium, by the law of nations, and sloweth immediately from humane election, as all things, saith he, that appertein to the law of Nations. So Monarchie to Bellarmine is but an humane invention, as Mr. Maxwell his Surplice is: and D. Ferne, sect. 3. p. 13. saith with Bellarmine.

3. A King is said to be from God, by particular designation, as he appointed Saul by name for the crown of Israel. Of this hereafter.

4. The Kingly or Royall office is from God by divine institution and not by naked approbation: for first, we may well prove Aarons Priesthood to be of divine institution, because God doth appoint the Priests qualification from his familie, bodily perfections, and his charge. And we take the Pastor to be by divine law and Gods institution, because the Holy Ghost, 1 Tim. 3.1, 2, 3, 4. describeth his qualification, so may we say that the Royall power is by divine institution, because God mouldeth him, Deut. 17.15. Thou shalt in any wise set him King over thee, whom the Lord thy God shall choose, one from amongst thy brethren, &c. Rom. 2 13. There is no power but of God, the powers that be, are ordained of God. 3. That power must be ordained of God as his own ordinance, to which we owe subjection, for conscience, and not only for feare of punishment: but every power is such, Rom. 13.4. To resist the Kingly power, is to resist God. 5. He is the Minister of God for our good. 6. He beareth the sword of God to take vengeance upon ill-doers. 7. The Lord expresly saith, 1 Pet. 2.17. Feare God, honour the King, v. 13. Submit your selves to every ordinance of man for the Lords sake, whether it be to the King as supreme, 14. or unto governours, as unto those that are sent by him, &c. Tit. 3. Put them in mind to be subject to principalities and powers: and so the fift Commandement layeth obedience to the King on us, no lesse then to our parents. Whence I conceive that power to be of God, to which by the morall law of God, we owe perpetuall subjection and obedience. 8. Kings and all Magistrates are Gods, and Gods deputies and lieutenants upon earth, Ps. 82.1.6, 7.

Exod. 22.8. Exod. 4.16. and therefore their Office must be a lawfull ordinance of God. 9. By their Office they are feeders of the Lords people, Ps. 78.70.71.72. the shields of the earth, Ps. 47.9. nursing fathers of the Church, Ps. 49.23. Captaines over [gap]he Lords people 1 Sam. 9.19.10. It is a great Iudg[gap]ment of God, when a land wanteth the benefit of such ordinances of God, Esay 3 1, 2.3.6, 7.11. The execution of their office is an act of the just Lord of he[gap]v[gap]n a[gap]d earth, not onely by permission, but according to Gods revealed Will in his Word; their judgement is not the judgement of men, but of the Lord, 2 Chron. 19.6. and their Throne is the Throne of God, 1 Chron. 19.21.12. Hierom saith, to punish murtherers and sacrilegious persons is not bloud-shed, but the ministery and service of good Lawes. So if the King be a living law by Office, and the law put in execution which God hath commanded, then as the Morall Law is by divine institution, so must the Officer of God be, who is Custos & vindex legis divinae, the keeper, preserver, and avenger of Gods Law, and Basilius, this is the Princes Office, Vt opem serat virtuti, malitiam vero impugnet, when Paulinus Treverensis, Lucifer Metropolitane of Sardinia, Dionysius Mediolanensis, and other Bishops, were commanded by Constantine to write against Athanasius, they answered, Regnum non ipsius esse, sed d[gap]i, aquo acceperit, the Kingdom was Gods, not his; as Athanasius saith: Optatus Milevitanus helpeth us in the cause where he saith with Paul, VVe are to pray for heathen Kings. The genuine end of the Magistrate saith Epiphanius, is ut ad bonum ordinem universitatis mundi omnia ex deo bene disponantur atque administrentur. But some object, if the Kingly Power be of divine institution, then shall any other government be unlawfull and contrary to a divine institution, and so we condemne Aristocracy, and Democracy as unlawfull. Ans. This consequence were good, if Aristocracy and Democracy were not also of divine institution, as all my arguments prove; for I judge they are not Governments different in nature, if we speake Morally and Theologically, onely they differ politically and positivel[gap]; nor is Aristocracy any thing but diffused and inlarged Monarchy, and Monarchy is nothing but contracted Aristocracy, even as it is the same hand, when the thumb and the foure fingers are folded together, and when all the five fingers are dilated, and stretched out, and where ever God appointed a King, he never appointed him absolute, and a sole independent Angell, but joyned alwaies with him Iudges, who were no lesse to judge according to

the Law of God, 2 Chron. 19.6. then the King, Deut. 17. v. 15. And in an obligation morall of judging righteously, the conscience of the Monarch, and the conscience of the inferiour Iudges are equally, with an immediate subjection under the King of Kings, for there is here a co-ordination of consciences, and no subordination, for it is not in the power of the inferiour Iudge to judge, Quoad specificationem, as the King commandeth him, because the judgement is neither the Kings, nor any mortall mans, but the Lords, 2 Chronicles 19.6, 7.

Hence all the three formes are from God, but let no man say, if they be all indifferent and equally of God, societies and Kingdomes are left in the dark, and know not which of the three they shall pitch upon, because God hath given to them no speciall direction, for one rather than for another. But this is easily answered, that a republick appoint Rulers to governe them, is not an action indifferent, but a Morall action, because to set no Rulers over themselves I conceive were a breach of the fift Commandement, which commandeth government to be one or other. 2. It is not in mens free will that they have government or no government, because it is not in their free will to obey, or not to obey the acts of the Court of nature, which is Gods Court, and this Court enacteth that societies suffer not mankind to perish, which must necessarily follow, if they appoint no government; also it is proved else where, that no Morall acts in their exercises and use are left indifferent to us; so then, the aptitude and temper of every Common-wealth to Monarchy, rather then to Democracy, or Aristocracy is Gods Warrant, and nearest call to determine the wills and liberty of people to pitch upon a Monarchy, Hic & nunc, rather then any other forme of Government, though all the three be from God, even as single life and Marriage are both the lawfull Ordinances of God, and the constitution and temper of the body is a calling to either of the two; not are we to think that Aristocracy and Democracy are either unlawfull Ordinances, or mens inventions, or that those societies which want Monarchy doe therefore live in sins.

But some say, that Peter calleth any form of Government, an humane Ordinance, 1 Pet. 2.13. [gap]. Therefore Monarchy can be no Ordinance of God. Answ.

Rivetus, It is called an Ordinance of man, not because it is an invention of man, and not an Ordinance of God, but respectu subjecti; Piscator, Not because man is the efficient cause of Magistracie, but because they are men

who are Magistrates.

Diodatus, Obey Princes and Magistrates, or Governours made by men, or amongst men.

Oecumenius, an humane constitution, because it is made by an humane disposition, and created by humane suffrages.

Dydimus, presides presidents made by men.

Cajetanus,

Estius, Every creature of God (as Preach the Gospel to every creature) in authority. But I take the word every creature of man, to be put 1. Emphatically, to commend the worth of obedience to Magistrates, though [gap] men, when we do it for the Lords sake: Therefore Betrandu[gap] Cardinalis Ednensis saith, he speaketh so for the more necessi[gap]y of merit; and Glossa Ordinaria saith, Be subject to all powers, Etiam ex infidelibus & incredulis, Even of infidels and unbeleevers. Lyranus, For though they be men▪ the image of God shineth in them; and the Syriack, as Lorinus saith, leadeth us thereunto, [gap] Lechullechum benai anasa. Obey all the children of men that are in authority. 2. It is an Ordinance of men, not effectively; as if it were an invention, and a dream of men: But 2. subjectively, because exercised by man. 3. Objectively, and [gap] for the good of men, and for the externall mans peace and safety especially; Whereas Church-Officers are for the spirituall good of mens souls. And Durandus saith well, Civill power according to its institution is of God, and according to its acquisition, and way of use, its of man. And we may thus farre call the forms of Magistrates, an humane Ordinance, That some Magistrates are ordained to care for mens lives, and matters criminall, of life and death, and some for mens Lands and estates; some for commodities by Sea, and some by Land; and Magistrates according to these Determinations or humane Ordinances.

QUEST. IIII. Whether the king be only and imediatly from God, & not from the people. (1)

THat this question may be the clearer, we are to set down these Considerations.

1. The question is, Whether the Kingly Office it self come from God; I conceive it is, and floweth from the people, not by formall institution; as if the people had by an act of reason, devised and excogitated such a power: God ordained the power; it is from the people onely by a virtuall emanation, in respect that a community having no Government at all, may ordain a King, or appoint an Aristocracie. But the question is, concerning the designation of the person? Whence is it that this man, rather then this man, is crowned

King? and whence is it, from God immediatly, and onely, that this man rather then this man, and this race or family rather then that race and family is chosen for the Crowne? or is it from the people also, and their free choise? for the Pastor and the Doctors Offi[gap]e is from Christ onely; but that Iohn rather then Thomas be the Doctor or the Pastor, is from the will; and choice of men, the Presbyters and people.

2. The Royall power is three wayes in the people; 1. Radically and virtually, as in the first subject. 2. Collativè vel communicativè, by way of free donation, they giving it to this man, not to this man that he may rule over them. 3. Limitatè; They giving it so, as these three acts remaine with the people; 1. That they may measure out, by ounce weights, so much Royall power, and no more, and no lesse. 2. So as they may limit, moderate, and set banks, and marches to the excercise. 3. That they give it out, conditionatè, upon this, and this condition, that they may take again to themselves what they gave out, upon condition, if the condition be violated: The first I conceive is cleere, 1. because if every living creature have radically in them a power of selfe-preservation to defend themselves from violence, as we see Lyons have pawes, some beasts have hornes, some clawes; men being reasonable creatures, united in societie, must have power in a more reasonable and honorable way to put this power of warding off violence, in the hands of one or moe Rulers, to defend themselves by Magistrates. 2. If all men be borne, as concerning civill power, alike; (for no man commeth out of the wombe with a Diadem on his head, or a Scepter in his hand) and yet men united in a societie may give crown and scepter to this man, and not to this man; then this power was in this united societie, but it was not in them formally, for they should then all have been one King, and so both above and superiour, and below and inferiour to themselves, which we cannot say: therefore this power must have been virtually in them, because neither man, nor communitie of men can give that which they neither have formally, nor virtually in them. 3. Royalists cannot deny, but Cities have power to choose and create inferiour Magistrates, ergo, many Cities united have power to create an higher Ruler; for Royall power is but the united and superlative power of inferiour Judges, in one greater Judge, whom they call a King.

2 Conclus. The power of creating a man a King, is from the people, 1. Because those who may create this man a King, rather then

thi[gap] man, they have power to appoint a King. For a comparative act on doth positively inferre an action if a man have a power to marry this woman, not that woman; we may strongly conclude, ergo he hath power to marry, now, 1 King. 16. The people made Omri King, and not Zimri; and his sonne Achab, rather then Tibni the sonne of Sinath. Nor can it be replyed this was no lawfull power that the people used, for that cannot elude the argument, for, 1 King. 1. the people made Salomon King, and not Adonijah, though Adonijah was the elder brother; they say, God did extraordinarily both make the Office, and designe Salomon to be King, the people had no hand in it, but approved Gods fact. Answer. This is that we say, God by the people, by Nathan the Prophet, and the servants of David, and the States crying, (God save King Salomon) made Salomon King; and here is a reall action of the people. God is the first Agent in all acts of the Creature, where a people maketh choise of a man to be their King, the States doe no other thing under God but create this man, rather then another; and we cannot here find two actions, one of God, another of the people; but in one, and the same action; God by the peoples free suffrages & voices createth such a man King, passing by many thousands, and the people are not patientes in the action, because by the authoritative choise of the States, the man is made of a private man, and no King, a publick person, and a crowned King, 2 Sam. 16.18. Hushai said to Absolom, nay but whom the Lord and this people, and all the men of Israel choose, his will I be, and with him will I abide, Iudg. 8.22. The men of Israel said to Gideon, Rule thou over us, Iudg. 9.6. The men of Sechem made Abimelech King, Iudg. 11.8.11. 2 King. 14.21. The people made Azariah King, 1 Sam. 12.1. 2 Chron. 23.3.

2. If God doth regulate his people in making such a man King, not such a man, then he thereby insinuateth that the people have a power to make such a man King, and not such a man. But God doth regulate his people in making a King. Ergo the people have a power to make such a man King, not such a man King. The Proposition is cleare, because Gods Law doth not regulate a non-e[gap]s, a meere nothing, or an unlawfull power; nor can Gods holy Law regulate an unlawfull power, or an unlawfull action, but quite abolish it, and interdict it; the Lord setteth not downe rules and waies how men should not commit Treason, but the Lord commandeth loyalty, and simply interdicteth men of treason. 2. If people have then more power to create a King over themselves, then they had to make Prophets,

then God forbidding them to choose such a man for their King, should say as much to his people; as if he would say, I command you to make Esaiah & Ieremiah Prophets over you, but not these and these men. This certainly should prove that not God onely, but the people also with God made Prophets; I leave this to the consideration of the godly. The Prophets were immediatly called of God, to be Prophets, whether the people consented that they should be Prophets, or not. Therefore God immediatly, and onely sent the Prophets, not the people; but though God extraordinarily designed some men to be Kings, and annoynted them by his Prophets, yet were they never actually installed Kings, till the people made them Kings. I prove the assumption, Deut. 17.—14. When thou shalt say, I will set a King over me, like all the nations round about me. 15. Thou shalt in any wise set him King over thee, whom the Lord thy God shall choose, one from amongst thy brethren shalt thou set King over thee, thou maist not set a stranger over thee, which is not thy brother. Should not this be an unjust charge to the people, if God onely; without any action of the people, should immediatly set a King over them? Might not the people reply, We have no power at all to set a King over our selves, no more then we have power to make Esaiah a Prophet, who saw the visions of God, to what end then should God mocke us, and say, make a brother, and not a stranger King over you?

3. Expresly Scripture saith, that the people made the King, though under God, Iudg. 9.6. The men of Sechem made Abimelech King, 1 Sam. 11.15. And all the people went to Gilgall, and there they made Saul King before the Lord, 2 King. 10.5. We will not make any King. This had been an irrationall speech to Iehu, if both Iehu and the people held the Royalists Tenet, that the people had no power to make a King, nor any active or causative influence therein; but that God immediatly made the King, 1 Chron. 12.38. All these came with a perfect heart to make David King in Hebron; and all the rest were of one heart to make David King; on the words Lavater saith, the same way are Magistrates now to be chosen; now this day God by an immediate Oracle from Heaven appointeth the Office of a King; but I am sure he doth not immediatly designe the man, but doth onely mark him out to the people, as one who hath the most royall indowments, and the due qualifications required in a lawfull Magistrate, by the Word of God, Exod. 18.21. Men of truth, hating covetousnesse, &c. Deut. 1.16, 17. men who will judge causes betwixt their brethren righteously, without respect of persons,

1 Sam. 10.21. Saul was chosen out of the Tribes according to the Law of God, Deut. 17. they might not choose a stranger, and Abulensis, Serrarius, C[gap]rnelius a lapide, Sancheiz, and other Popish Writers think that Saul was not onely anoynted with Oyle, first privately by Samuel, 1 Sam. 10.1, 2. but also at two other times before the people, once at Mizpeh, and another time at Gilgal by a Parliament, and a Convention of the States, and Samuel judged the voices of the people so essentiall to make a King, that Samuel doth not acknowledge him as formall King, 1 Sam. 10.7, 8, 17, 18, 19. though he honoured him, because he was to be King, 1. Sam. 9 23, 24. while the Tribes of Israel and Parliament were gathered together to make him King according to Gods Law, Deut, 17. as is evident. For Samuel, v. 20. caused all the Tribes of Israel to stand before the Lord, and the Tribe of Benjamin was taken; the Law provided one of their owne, not a stranger to raigne over them; and because some of the States of Parliament did not choose him, but being children of Belial, despised him in their heart, v. 27. therefore after King Saul, by that victory over the Ammonites, had conquered the affections of all the people fully, v. 10, 11. Samuel would have his coronation & election by the Estates of Parliament renewed, at Gilgall, by all the people, v. 14, 15. to establish him King. 2. The Lord by Lots found out the Tribe of Benjamin. 3. The Lord found out the man, by name, Saul the sonne of Kish, when he did hide himselfe amongst the staffe, that the people might doe their part in creating of the King, whereas Samuel had annoynted him before; but the Text saith expresly that the people made Saul King, and Calvin, Martyr, Lavater, and Popish Writers, as Serrarius, Mendoza, Sancheiz, Cornelius a Lapide, Ly[gap]anus, Hugo▪ Cardinalis, Carthusius, Sanctius, doe all hence conclude that the people under God, make the King.

I see no reason why Barclaius should here distinguish a power of choosing a King, which he granteth the people hath, and a power of making a King, which he saith is only proper to God. Answ. Choosing of a King is either a comparative crowning of this man, not this man; and if the people have this, its a creating of a King under God ▪ who principally disposeth of Kings and Kingdomes: and this is enough for us. The want of this, made Zimri no King: and those whom the Rulers of Iezreel at Samaria, 2 King. 10. refused to make Kings, no Kings. This election of the people made Athaliah a Princesse: the removall of it, and translation of the crown by the people

to Ioash, made her no Princesse: for I beseech you, what other calling of God hath a race of a familie, and a person to the crowne, but only the election of the States? There is now no voice from heaven, no immediately inspired Prophets, such as Samuel and Elisha, to annoynt David, not Eliab; Solomon, not Adoniah. The [gap] or the heroick spirit of a Royall facultie of governing, is, I grant, from God only, not from the people: but I suppose that maketh not a King; for then many sitting on the throne this day, should be no Kings; and many private persons should be Kings. If he meane by the peoples choosing, nothing but the peoples approbative consent, posterior to Gods act of creating a King; let them shew us an act of God making Kings, and establishing royall power in such a familie, rather then in such a familie; which is prior to the peoples consent, distinct from the peoples consent, I believe there is none at all.

4. Arg. Hence I argue: If there be no calling or title on earth to tie the Crown to such a Familie and Person, but the suffrages of the people; then have the line of such a familie, and the persons now, no calling of God, no right to the crown, but only by the suffrages of the people, except we say that there be no lawfull Kings on earth now, when Propheticall unction and designation to Crowns are ceased, contrary to expresse Scripture, Rom. 13.1, 2, 3. 1 Pet. 2.13, 14, 15, 16, 17.

But there is no title on earth now to tye crownes to families, to persons, but onely the suffrages of the people: for, 1. Conquest without the consent of the people, is but royall latrocinie, as we shall see. 2. There is no propheticall and immediate calling to Kingdomes now. 3. The Lords giving of Regall parts is somewhat; but I hope Royallists will not deny but a child young in yeares and judgment, may be a lawfull King. 3. Mr. Maxwell his appointing of the Kingly office, doth no more make one man a lawfull King, then another: for this were a wide consequence. God hath appointed that Kings should be; ergo, Iohn a Stiles is a King; yea, ergo, David is a King: It followeth not. Therefore it remaineth only, that the suffrages of the people of God is that just title and divine calling that Kings have now to their crownes. I presuppose they have gifts to governe from God.

5. If the Lords immediate designation of David, and his annointing by the divine authoritie of Samuel, had been that which is alone without the election of the people, made David formally King of Israel, then there were two Kings in Israel at one time; for Samuel