Library / Rutherford Lex Rex

QUEST. IIII. Whether the king be only and imediatly from God, & not from the people. (2) to QUEST. V. Whether or no P. P. the Author of Sac. San. Regum Majestas, called the sacred and Royall Prerogative of Kings, proveth that God is the immediate Author of Soveraignty, and that the King is no creature of the peoples making? (1)

Lex, Rex

QUEST. IIII. Whether the king be only and imediatly from God, & not from the people. (2) to QUEST. V. Whether or no P. P. the Author of Sac. San. Regum Majestas, called the sacred and Royall Prerogative of Kings, proveth that God is the immediate Author of Soveraignty, and that the King is no creature of the peoples making? (1)

QUEST. IIII. Whether the king be only and imediatly from God, & not from the people. (2)

annointed David, and so he was formally King, upon the ground layed by Royallists, that the King hath no royall power from the people: and David after he himselfe was annointed by Samuel, divers times, calleth Saul the Lords anointed, and that by the inspiration of Gods spirit, as we and Royallists doe both agree. Now two lawfull supreme Monarchs in one Kingdome, I conceive to be most repugnant to Gods truth, and sound reason; for they are as repugnant as two most Highs, or as two Infinites. 2. It shall follow, that David all the while betwixt his anointing by Samuel, and his coronation by the suffrages of all Israel at Hebron. 1. Was in-lacking, in discharging and acquiting himselfe of his royall duty, God having made him formally a King, and so laying upon him a charge to execute justice and judgement, and defend Religion, which he did not discharge. 2. All Davids suffering upon Davids part must be unjust, for, as King, he should have cut off the murtherer Saul, who killed the Priests of the Lord; especially seeing Saul by this ground must be a private murtherer, and David the only lawfull King. 3. David, if he was formally King, deserted his calling in flying to the Philistims; for a King should not forsake his Kingdome upon no hazards, even of his life, no more then a Pilot should give over the helme in an extreme storme: but certainly Gods dispensation in this warranteth us to say no man can be formally a lawfull King, without the suffrages of the peo[gap]le[gap] for Saul, after Samuel from the Lord anointed him, remained a private man, and no King, till the people made him King, and elected him. And David, anointed by that same divine authoritie, remained formally a Subject, and not a King, till all Israel made him King at Hebron. And Salom[gap]n, though by God designed and ordained to be King, yet was never King, till the people made him King, 1 King. 1. ergo, there floweth something from the power of the people, by which he who is no King, now becommeth a King, formally, and by Gods lawfull call; whereas before the man was no King, but as tou[gap]hing all royall power a meere private man. And I am sure birth must be lesse then Gods designation to a crowne, as is cleere. Adoniah was elder then Salomon, yet God will have Salomon, the younger by birth, to be King, and not Adoniah. And so Mr. Symons and other Court-Prophets must prevaricate, who will have birth without the peoples election to make a king, and the peoples voyces but a ceremonie.

6. I thinke Royalists cannot deny but a people ruled by Aristocraticall Magistrates, may elect a King, and a King so elected is formally

made a lawfull King by the peoples election, for of six apt and gifted to reigne, what maketh one a King, and not the other five? Certainly God disposing the people to choose this man, and not another man, it cannot be said but God giveth the Kingly power immediately, and by him Kings raigne, that is true. The Office is immediately from [gap]od, but now the question is, what is that which formally applyeth the Office and Royall Power to this Person, rather th[gap]n to the other five as meet. Nothing can here be dreamed of, but God inclining the hearts of the States to choose this man, and not this men.

QUEST. V. Whether or no P. P. the Author of Sac. San. Regum Majestas, called the sacred and Royall Prerogative of Kings, proveth that God is the immediate Author of Soveraignty, and that the King is no creature of the peoples making? (1)

COnsider first that the excommunicated Prelate saith, cap. 2. p. 19. Kings are not immediatly from God, as by any speciall Ordinance sent from Heaven by the ministery of Angels and Prophets, there were but some few such; as Moses, Saul, David, &c. yet something may immediatly proceed from God, and be his speciall worke without a revelation or manifestation extraordinary from Heaven, so the designation to a sacred function is from the Church, and from man; yet the power of Word, Sacraments binding and loosing, is immediatly from Jesus Christ. The Apostle Matthias was from Christs immediate constitution, and yet he was designed by men, Act. 1. The soule is by creation and infusion, without any speciall ordinance from Heaven, though nature begeteth the body, and disposeth the matter, and prepareth it as fit to be conjoyned with the soule, so as the father is said to beget the sonne. Ans. 1. The unchurched Prelate striveth to make us hatefull by the title of the Chapter, That God is (by his title) the immediate Author of Soveraingty; and who denyeth that? Not those, who teach that the person who is King, is created King by the people, no more then those who deny that men are now called to be Pastors, and Deaco[gap]s immediately, and by a voice from Heaven, or by the ministery of Angells and Prophets, because the Office of Pastors and Deacons is immediately from God. 2. When he hath proved that God is the immediate Author of Soveraingty. What then? shall it follow that the soveraigne in concreto may not be resisted? and that he is above all Law; and that there is no armour against his violence but prayers and

teares. So God is the immediate Author of the Pastors, of the Apostles Office, ergo, it is unlawfull to resist a Pastor, though he turne robber? ergo, the Pastor is above all the Kings Lawes? this is the Iesuite and all made, ergo, there is no Armour against the robbing Prelate but prayer and teares. 2. He saith in his Title, that the King is no Creature of the peoples making. If he meane the King in abstracto, that is, the royall dignity, whom speaketh he against? Not against us, but against his owne father Bellarmine, who saith that Soveraignty hath no warrant by any divine Law. If he meane that the man who is King is not created and elected King by the people, he contradicteth himself and all the Court Doctors. 3. It is false that Saul and David, their originall of Royalty was onely from God by a speciall Ordinance sent from Heaven; for their office is, Deut. 17.14. from the written Word of God, as the killing of Idolaters, v. 3, 7. as the Office of the Priests and Levites, 8, 9, 10. and this is no extraordinary Ordinance from Heaven, more than that is from Heaven which is warranted by the Word of God. If he meane that these men, Saul, and David, were created Kings by the onely extraordinary revelation of God from Heaven, it is a lye; for beside the Propheticall anoynting of them, they were made Kings by the people, as the word saith expresly; except we say that David sinned in not setting himselfe downe on the Throne, when Samuel anoynted him first King; and so he should have made away his Master King Saul out of the world; and there were not a few called to the Throne, by the people; but many, yea all the Kings of Israel and Iudah. 4. The Prelate contendeth that a King is designed to his royall dignity, immediatly from God, without an extraordinary revelation from Heaven, as the man is designed to be a Pastor by men; and yet the power of Preaching is immediatly from God, &c. but he proveth nothing, except he prove that all Pastors are called to be Pastors immediatly; and that God calleth and designeth to the Throne such a person immediatly, as he hath immediatly instituted by the power of Preaching, and the Apostleship, and hath immediatly infused the soule in the body, by an act of Creation; and we cannot conceive how God in our daies, when there are no extraordinary revelations, doth immediatly create this man a King, and immediatly tie the crown to this family rather then to this; this he doth by the people now, without any Propheticall Vnction; and by this medium, to wit, by the free choice of the people. He needeth not bring the example of Matthias more than of any ordinary Pastor, and yet an ordinary Pastor is not

immediatly called of God, because the Office of an ordinary Pastor is from God immediatly, and also the man is made Pastor by the Church.

The P. Prelate saith, a thing is immediatly from God three waies. 1. When it is solely from God, and presupposeth nothing ordinary or humane, antecedent to the obteyning of it. Such was the power of Moses, Saul, David. Such were the Apostles. 2. When the collation of the power to such a person is immediatly from God, though some act of man be antecedent; as Matthias was an Apostle. A baptized man obtaineth remission and regeneration, yet aspersion of water cannot produce these excellent effects. A King giveth power to a favourite to make a Lord or a Baron, yet who is so stupid as to averre the honour of a Lord commeth immediatly from the favourite, and not from the King. 3. When a man hath by some ordinary humane right, a full and just right, and the approbation and confirmation of this right is immediatly from God.

The first way, Soveraignty is not from God. The second way, Soveraignty is conferred on Kings immediatly, though some created act of Election, succession, conquests intervene, the interposed act containeth not in it power to conferre Soveraignty; as in Baptisme, Regeneration, if there be nothing repugnant in the suscipient, is conferred, not by water, but immediatly by God. In sacred Orders designation is from men, power to supernaturall acts from God: election, succession, conquests remotely and improperly constitute a King. To say in the third sence that soveraignty is immediatly from God, by approbation or confirmation onely, is against Scripture, Prov. 8.15. Psa. 82.8. Ioh. 19. then the people say; you are Gods, your power is from below. And Pauls, (ordained of God) is (approved and confirmed onely of God) the power of designation, or application of the person to royalty is from man; the power of conferring royall power, or of applying the person to royall power is from God. A mans hand may apply a faggot to the fire, the fire onely maketh the faggot to burne.

Ans. 1. Apostles both according to their Office, and the designation of their person to the Office w[gap]re immediatly and onely from God, without any act of the people, and therefore are badly coupled with the royall power of David and King Saul, who were not formally made Kings, but by the people at Mizpeh and Hebron, 2. The second way God giveth Royall Power by moving the peoples hearts to confer royall power, and this is virtually in the people, formally from God. Water hath no influence to produce grace, Gods institution and promise doth it; except you dream with your

Iesuites, of opus operatum, that water sprinkled, by the doing of the deed conferreth grace, nisi ponatur obex, what can the child doe, or one child more then another baptized child, to hinder the flux of remission of sins, if you meane not that Baptisme worketh as Physick on a sick man, except strength of humours hinder? and therefore this comparison is not alike. The people cannot produce so noble an effect as royalty, a beame of God. True, formally they cannot, but virtually it is in a society of reasonable men, in whom are left beames of authoritative Majesty, which by a divine institution they can give, Deut. 17.14. to this man, to David, not to Eliab; and I could well say the Favorite made the Lord, and placed honour in the man whom he made Lord, by a borrowed power from his Prince; and yet the honour of a Lord is principally from the King. 3. It is true, the election of the people conteineth not formally Royall dignitie, but the Word saith, they made Saul, they made David King: so virtually election must conteine it. Samuels oyle maketh not David King, he is a subject after he is anointed; the peoples election at Hebron maketh him King; 2. differenceth him from his brethren; 3. putteth him in Royall state; yet God is the principall agent. What immediate action God hath here, is said and dreamed of, no man can divine, except Prophet P. Prelate. The [gap] Royall authoritie is given organically by that act by which he is made King: another act is a night-dreame, but by the act of election David is made of no King, a King. The collation of [gap] Royall gifts, is immediately from God: but that formally maketh not a King, if Solomon saw right, servants riding on horses, Princes going on foot. 4. Judge of the Prelates subtiltie, I dare say, not his own, he stealeth from Spalato, but telleth not, The applying of the person to Royall authoritie, is from the people; but the applying of Royall authoritie to the person of the King, is immediately and only from God: as the hand putteth the faggot to the fire, but the fire maketh it burne. To apply the subject to the accident, is it any thing else but to apply the accident to the subject? Royall authoritie is an accident, the person of the King the subject: the applying of the faggot to the fire, and the applying of the fire to the faggot, are all one, to any not forsaken of common sense. When the people applyeth the person to the royall authoritie, they but put the person in the state of royall authoritie; and this is to make an union betwixt the Man and royall authoritie; and this is to apply royall authoritie to the person. 5. The third sense is the Prelates dreame, not a Tene[gap] of ours; we never said

that soveraigntie in the King is immediately from God by approbation or confirmation only, as if the people first made the King, and God did only by a posterior and latter act say Amen to the deed done, and subscribe, as Recorder, to what the people doth: so the people should deale kingdomes and crownes at their pleasure, and God behoved to ratifie and make good their fact. When God doth apply the person to royall power, what? is this a different action from the peoples applying the person to royall dignitie? It is not imaginable: but the people by creating a king, applyeth the person to royall dignitie; and God by the peoples act of constituting the man king, doth by the mediation of this act convey royall authoritie to the man, as the Church by sending a man, and ordaining him to bee a Pastor, doth not by that, as Gods instruments, infuse supernaturall powers of preaching: these powers supernaturall may be, and often are in him before he be in orders; and sometimes God infuseth a supernaturall power of government in a man, when he is not yet a king, as the Lord turned Saul into another man, 1 Sam. 10.5.6. neither at that point of time when Samuel anointed him, but after that, v. 5. After that thou shalt come to the hill of God, 6. the spirit of the Lord shall come upon thee, and thou shalt prophecie with them, and shalt be turned into another man. Nor yet at that time when he is formally made King by the people; for Saul was not King formally, because of Samuels anointing, nor yet was he King because another spirit was infused into him, v. 5, 6. for he was yet a privat man, till the States of Israel chose him King at Mizpeh. And the word of God useth words of action to expresse the peoples power, Iudg. 9.6. And all the men of Sechem gathered together, and all the men of Millo, [gap] regnare fecerunt,

they caused him to be King. The same is said, 1 Sam. 10.15. they caused Saul to reigne, 2 K. 10.5. [gap] We shall not King any man, 1 Chron. 12.38. They came to Hebron [gap] to King David over all Israel, Deut. 17. three times the making of a King is given to the people. 7. When thou shalt say, [gap] I shall set a King over me: if it were not their power to make a King, no law could be imposed on them not to make a stranger their King, 1 King. 12.20. all the congregation Kinged Jeroboam, or made him King over all Israel, 2 King. 11.12. They Kinged Joash, or made Ioash to reigne. 6. The people are to say, You are Gods, and your power is below, saith the Prelate: what then? ergo, their power is not from God also: It followeth not, subordinata non pugnant. The Scripture saith both, the Lord

exalted David to be King, and, All power is from God: and so the power of a L. Major of a Citie: and the people made David King also, and the Citie maketh such a man L. Major. It is the Anabaptists argument; God writeth his law in our heart, and teacheth his own children, ergo, bookes, and the ministerie of men are needlesse: So all Sciences and lawfull arts are from God: ergo, Sciences applied to men, are not from mens free will, industrie and studies. The Prelate extolleth the King, when he will have his Royaltie from God, the way that John Stiles is the husband of such a woman.

P. Prelate. Kings are of God, they are Gods,

children of the most High, his servants▪ publike Ministers, their sword and judgement Gods. This he hath said of their royaltie in abstracto, and in concreto; their power, person, charge, are all of divine extract, and so their authoritie and person are both sacred and inviolable. Answ. So are all the congregation of the Iudges, Psal. 82. v. 1.6. all of them Gods: for he speaketh not there of a congregation of Kings. So are Apostles, their office and persons of God; and so the Prelates (they thinke) the successors of the Apostles, are Gods servants, their ministerie, word, rod of discipline not theirs, but of God: the judgement of Iudges, inferiour to the King, is the Lords judgement, not mens, Deut. 1.17. 2. Chro. 19.6. Hence by the Prelates Logick, the persons of Prelates, Majors, Bailiffes, Constables, Pastors, are sacred and inviolable above all lawes, as are Kings. Is this an extolling of Kings? 2. But where are Kings persons, as men, said to be of God, as the Royaltie in abstracto i[gap] ? The Prelate seeth beside his booke, Psal. [gap]2.7. But ye shall die as men.

P. Prelate. We begin with the Law, in which as God by himself prescribed the essentialls, substantialls, & ceremonies of his pietie & worship, gave order for justice & pietie, Deut. 17.14.15. the King is here originally & immediately from God, and independent from all others, (set over them) Them, is collective, that is, all & every one. Scripture knoweth not this State principle; Rex est singulis major, universis minor. The person is expressed in concreto, Whom the Lord thy God shall choose. This peremptorie precept dischargeth the people, all, and every one, diffusively, representatively, or in any imaginable capacity to attempt the appointing of a King, but to leave it entirely and totally to God Almighty.

Answ. Begin with the Law, but end not with Traditions. If God by himselfe prescribed the essentialls of pietie and worship, the other

part of your distinction is, that God not by himself, but by his Prelates, appointed the whole Romish Rites, as accidentalls of pietie. This is the Iesuites doctrine. 2. This place is so far from proving the King to be independent, and that it totally is Gods to appoint a King, that it expresly giveth the people power to appoint a King: for the setting of a King over themselves, such a one, and not such a one, makes the people to appoint the King, and the King to be lesse and dependent on the people, seeing God intendeth the King for the peoples good, and not the people for the Kings good. This text shameth the Prelate, who also confessed, P. 22. That remotely and unproperly succession, election, and conquest maketh the King, and so its lawfull for men remotely and improperly to invade Gods chaire.

P. Prelate: Jesuites and Puritans say, it was a priviledge of the Jews that God chose their King. So Suarez, Soto, Navarra.

Source and provenance

Citation: Samuel Rutherford, Lex, Rex (1644), EEBO-TCP A57975, section 3.

Original work: public-domain historical work; EEBO-TCP Phase I keyboarded text released under CC0 1.0

Digital source: EEBO-TCP / Text Creation Partnership

Edition status: Needs verification

Proof texts: Proof texts not attached

Scripture refs: DEU.17.14, PRO.8.15, 1KI.3.1, 1SA.10.5, 1SA.10.15, 1CH.12.38, 1KI.12.20, 2KI.11.12, PSA.82.5, DEU.1.17

Source provider: EEBO-TCP / Text Creation Partnership

Use guidance: verify-before-reuse

Source URL