Lex Rex, Question 4
QUEST. IIII. Whether the king be only and imediatly from God, & not from the people.
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,How the King is from God, and how 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 onelyonly 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 onelyonly, 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…e is from Christ onelyonly; but that Iohn rather then Thomas be the Doctor or the Pastor, is from the will; and choice of men, the Presbyters and people.
Royall power three wayes in the 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,How Royall power is radidically in the people. 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.
The people make the 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… 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, The people create a King according to the Scripture.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…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 onelyonly, 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 onelyonly 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 onelyonly; 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 (a)Lavater com. in Part 12 38. Hodie quo que in liberis urbibus, & gentibus, magistratus secundum dei verbum, Exod. 18. & Deut. 1. cligendi sunt, non ex assectibus.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 onelyonly 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…rnelius a lapide, Sancheiz, and other Popish Writers think that Saul was not onelyonly 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…anus, Hugo▪ Cardinalis, Carthusius, Sanctius, doe all hence conclude that the people under God, make the King.
I see no reason why (b)Barclaius, l. 3. cont. Monarchomach. 8. c. 3.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,Making a king and choosing a king, not to be distinguished. 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 foreign 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 onelyonly 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.
David not a King, because anointed by Samuel.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 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:By the peoples▪ election one is made of no King a King. but certainly Gods dispensation in this warranteth us to say no man can be formally a lawfull King, without the suffrages of the peo…le… 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…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…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 …od, but now the question is, what is that which formally applyeth the Office and Royall Power to this Person, rather th…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.