Treatise of Civil Policy, Treatise · Question 7

Treatise of Civil Policy · Treatise · Question 7

p. 38QUEST. VII. Whether or no the P. Prelate the aforeſaid Auth…r doth by force of reaſon evince, that neither conſtitution nor deſignation of the King is from the people?

THe P. Prelate aymeth (but it is an empty ayme) to prove that the people are wholly excluded. I anſwer only Arguments not pitched on before, as the Prelate ſaith.

P. Prelate. 1. To whom can it be more proper to give the rule over men, then to him who is the onelyonly King truely and properly of the whole world? 2. God is the immediate Author of all rule and power that is amongſt all his creatures, above or below. 3. Man before the fall received dominion, and empire over all the creatures below immediatly, as Gen. 1. 28. Gen. 9. 2. ergo we cannot deny that the moſt noble government (to wit Monarchy) muſt be immediatly from God, without any Contract or compact of men. Anſ. The firſt reaſon concludeth not what is in queſtion; for God only giveth rule and power to one man over another; ergo he giveth it immediatly, it followeth not. 2. It ſhall as well prove that God doth immediatly conſtitute all Iudges, and therefore it ſhall be unlawfull for a city to appoint a Major, or a ſhire a Iuſtice of peace. 3. The ſecond argument is inconſequent alſo, becauſe God in creation is the immediat Author ofThe excellency of Kings maketh them not of Gods only conſtitution and deſignation▪ all things, and therefore without conſent of the creatures, or any act of the creature, created an Angell a nobler creature then man, and a man then a woman, and men above beaſts; becauſe thoſe that are not, can exerciſe no act at all. But it followeth not; ergo all the workes of providence, ſuch as is the government of Kingdomes are done immediatly by God, for in the workes of providence, for the p. 39moſt part in ordinary, God worketh by meanes; it is then as good a conſequence as this. God immediatly created man, ergo he keepeth his life immediatly alſo without foode and ſleepe. God immediatly created the Sunne, ergo God immediatly without the mediation of the Sunne giveth light to the world. The making of a King is an act of reaſon, and God hath given a man reaſon to rule himſelfe; and therefore hath given to a ſociety an inſtinct of reaſon, to appoint a governour over themſelves, but no act of reaſon goeth before man be created; ergo it is not in his power whether he be created a creature of greater power then a beaſt or no. 4. God by creation gave power to a man over the creatures, and ſo immediatly; but I hope a man cannot ſay, God by creation hath made a man King over men. 5. The Excellency of Monarchy (if it be excellenter then any other government, of which hereafter) is no ground why it ſhould be immediatly from God, as well as mans dominion over the creature; for then the worke of mans redemption being more excellent then the ray…ing of Lazarus, ſhould have been done immediatly without the incarnation, death and ſatisfaction of Chriſt (for no act of God without himſelfe is comparable to the worke of redemption, 1 Pet. 1. 11, 12. Col. 1. 18, 19, 20, 21, 22.) and Gods leſſe excellent workes, as his creating of beaſts and wormes ſhould have been done mediatly, and his creating of man immediatly.

P. P. They who execute the judgement of God, muſt needs have the power to judge from God. But Kings are Deputies in the exerciſes of the Iudgements of God, ergo, the propoſition is proved. How is it imaginable that God reconcileth the world by Miniſters, and ſaveth man by them, 1 …or. 5. 1 Tim. 4. 16. except they receive a power ſo to doe from God? the aſſumption is, Deut. 1. 17. 1 Chro. 19. 6. Let none ſay Moſes and Iehoſaphat ſpeake of inferiour Iudges, for that which the King doth to others, he doth by himſelfe; alſo 5. The execution of the Kingly power is from God, for the King is the Servant, Angell, Legat, Miniſter of God, Rom. 13. 6, 7. God properly and primarily is King, and King of Kings and Lord of Lords, 1. Tim. 6. 15. Rev. 1. 5. 21. 27. 29. 20. all Kings related to him, are Kings equivocally, and in reſemblance, and he the only King. Anſ. That which is in queſtion is never concluded; to wit, that the King is both immediatly conſtituted and deſigned King, by God onelyonly, and not by the mediation of the people▪ for when God reconcileth and ſaveth men by Paſtors, he ſaveth them by the intervening action of men, ſo he ſcourgeth his people by men, as by his ſword, Pſal. 17. 14. and hand, ſtaffe, and rod, Eſay 10▪ 5. his hammer. Doth it follow that God onelyonly doth immediatly p. 40ſcourge his people, and that wicked men have no more hand and action in ſcourging his people, then the Prelate ſaith the people have an hand in making a King? and that is no hand at all, by the Prelates way.

2. We may borrow the Prelates argument: inferiour Iudges execute the judgement of the Lord, and not the judgement of the King; ergo, by the Prelates argument, God doth only by immediate power execute judgement in them, and the inferiour Iudges are not Gods miniſters executing the judgement of the Lord. But the Concluſion is againſt all truth, and ſo muſt the Prelates argument be. And that inferiour Iudges are the immediate ſubſtitutes and deputies of God, is hence proved, and ſhall be hereafter made good, if God will. 3. God is properly King of Kings, ſo is God properly cauſa cauſarum, the cauſe of cauſes, the life of lifes, the joy of joyes. What, ſhall it then follow, that he worketh nothing in the creatures by their mediation, as cauſes? Becauſe God is light of lights, doth he not enlighten the earth and aire by the mediation of the Sun? then God communicateth not life mediately by generation, he cauſeth not his Saints to rejoyce with joy unſpeakable and glorious, by the intervening mediation of the Word. Theſe are vaine conſequences. Soueraignty, and all power and virtue is in God infinitely: And what vertue and power of action is in the creatures, as they are compared with God, are in the creatures equivocally and in reſemblance, and foreign in opinion, rather then really. Hence it muſt follow, 1. that ſecond cauſes worke none at all, no more then the people hath a hand or action in making the King, and that is no hand at all, as the Prelate ſaith, And God only and immediately worketh all workes in the creatures, becauſe both the power of working and actuall working commeth from God, and the creatures in all their working, are Gods inſtruments: and if the Prelate argue ſo frequently from power given of God, to prove that actuall reigning is from God immediately, Deut. 8. 18. The Lord giveth the power, to get wealth: will it follow that Iſrael getteth no riches at all, or that God doth not mediately by them and their in duſtrie get them? I thinke not.

P. Prelate. 6. To whom can it be due to give the Kingly office, but to him only who is able to give the indument and abilitie for the office? now God only and immediately giveth abilitie to be a King, as the Sacramentall anointing proveth, Joſh. 3. 10. Othniel is the firſt Judge after Joſhua; and it is ſaid, And the Spirit of the Lord came upon him, and p. 41and he judged Iſrael; the like is ſaid of Saul and David. Anſ. God gave royall indowments immediatly, ergo he immediatly now maketh the King. It followeth not, for the ſpecies of government is not that which formally conſtituteth a King, for then Nero, Caligula, Iulian ſhould not have been Kings, and thoſe who come to the Crowne by conqueſt and blood, are eſſentially Kings, as the Prelate ſaith; but be all theſe Othniels, upon whom the ſpirit of the Lord commeth? then they are not eſſentially Kings who are babes and children, and fooliſh and deſtitute of the royall endowments, but it is one thing to have a royall gift, and another thing to be formally called to the Kingdome, David had royall gifts after Samuel anoynted him, but if you make him King, before Sauls death, Saul was both a traytor all the time that he perſecuted David, and ſo no King, and alſo King and Gods anoynted, as David acknowledgeth him; and therefore that ſpirit that came on David, and Saul, maketh nothing againſt the peoples election of a King, as the Spirit of God is given to Paſtors under the new Teſtament, as Chriſt promiſed; but it will not follow that the deſignation of the man who is to be Paſtor, ſhould not be from the Church and from men, as the Prelate denyeth that either the conſtitution or deſignation of the King is from the people, but from God onelyonly. 2. I beleeve the infuſion of the ſpirit of God upon the Iudges will not prove that Kings are now both conſtituted and deſigned of God ſolely, onelyonly, and immediatly; for the Iudges were indeed immediatly and for the moſt part extraordinarily raiſed up of God, and God indeed in the time of the Iewes was the King of Iſrael in another manner then he was the King of all the nations, and is the King of Chriſtian Realmes now, and therefore the peoples deſpiſing of Samuel, was a refuſing that God ſhould reigne over them, becauſe God in the Iudges revealed himſelfe even in matters of Policy, as what ſhould be done to the man that gathered ſticks on the Sabbath day, and the like, as he doth not now to Kings.

P. Prelate. Soveraigntie is a ray of divine glory and majeſtie: but this cannot be found in people, whether you conſider them joyntly, or ſingly; if you conſider them ſingly, it cannot be in every individuall man; for Sectaries ſay, That all are born equall with a like freedom: and if it be not in the people ſingly, it cannot be in them joyntly; for all the contribution in this compact and contract which they fancie to be humane compoſition, and voluntary conſtitution, is onelyonly, by a ſurrender of the native right that every one had in himſelf; from whence p. 42then can this majeſtie and authoritie be derived? Again, where the obligation amongſt equals is by contract and compact, violation of the faith, plighted in the contract, cannot in proper termes, be called diſobedience, or contempt of authoritie▪ it is no more but a receding from, and a violation of that which was promiſed, as it may be in States or Counties confederate. Nature, reaſon, conſcience, ſcripture, teach, That diſobedience to Soveraign power is not onelyonly a violation of Truth, breach of Covenant, but alſo high diſobedience and contempt, as is clear, 1 Sam. 10. 26. So when Saul, Chap. 11. ſent a yoak of Oxen, hewed in pieces, to all the Tribes, the fear of the Lord fell on the people, and they came out with one conſent, 1 Sam. 11. 17. ſo Job 11. 18. He looſeth the bonds of Kings, that is, he looſeth their authoritie, and bringeth them in contempt; and he girdeth there loyns with a girdle, that is, he ſtrengthneth their authoritie, and maketh the people to reverence them. Heathens obſerve, that there foreign ſome divine thing in Kings. Prophane Hiſtories ſay, that this was ſo eminent in Alexander the great, that it was a terrour to his enemies, and a powerfull Loadſtone to draw men to compoſe the moſt ſeditious Counſels, and cauſe his moſt experienced Commanders, embrace, and obey his counſel, and command. Some ſtories write, that upon ſome great exigence, there was ſome reſplendent majeſtic in the eyes of Scipio. This kept Pharoah from lifting his hand againſt Moſes, who charged him ſo boldly with his ſins. When Moſes did ſpeak with God, face to face in the Mount, this reſplendent glory of Majeſtie ſo awed the people, that they durſt not behold his glory, Exod. 34. This repreſſed the fury of the people enraged againſt Gideon from deſtroying their idol, Judg. 6. And the fear of man is naturally upon all living creatures below, Gen. 9. So what can this reverence, which is innate in the hearts of all ſubjects toward their Soveraigns be, but the Ordinance unrepealable of God, and the naturall effect of that majeſtie of Princes, with which they are endowed with from above?

Anſ. 1. I never heard any ſhadow of reaſon while now, and yetAntonin. de dominis Archiepiſ. de dom. l. 6. c. 2. n. 5, 6. ſeq. (becauſe the lie hath a latitude) here is but a ſhadow, which the Prelate ſtole from M. Antonius de Dominis Archiepiſc. Spalatenſis, and I may ſay confidently, this Plagiarius hath not one line in his booke which is not ſtollen; and for the preſent Spalato his argument is but ſpilt, and the nerves cut from it, while it is both bleeding and famed. Let the Reader compare them, and I pawn my credit he hath ignorantly clipped Spalato: But I anſwer, 1. Soveraigntie is a beam and ray (as Spalato ſaith) of divine majeſtie, and is not either p. 43formally or virtually in the people. So he. It is falſe, that it is not virtually in the people: for there be two things in the Iudge, either inferior or ſupream (for the argument holdeth in the majeſtie of a Parliament, as we ſhall hear) 1. The gift or grace of Governing (the Arminian Prelate will offend at this.) 2. The Authority of governing: 1. The gift is ſupernaturall, and is not in man naturally, and ſo not in the King; for he is phyſically but a mortall man, and this is a gift received; for Salomon asked it by prayer from God. There is a capacitie paſſive in all individuall men for it: as for the officiall authoritie it ſelf, it is virtually in all, in whom any of gods image is remaining, ſince the fall, as is clear; as may be gathered from, Gen. 1. 28. yea, the Father, the Maſter, the Judge, have it by Gods inſtitution in ſome meaſure, over ſon, ſervant, and ſubject, though it be more in the ſupreme Ruler▪ and for our purpoſe, it is not requiſite that authoritative majeſtie ſhould be in all. (What is in the Father and Husband, I hope to clear) I mean, it needeth not to be formally in all, and ſo all are born alike and equall: But he who is a Papiſt, a Socinian, an Arminian, and therefore delivered to Satan by his mother Church, muſt be the Sectarie, for we are where this Prelate left us, maintainers of the Proteſtant Religion, continued in the Confeſſion of Faith, and Nationall Covenant of Scotland, when this Demas forſook us, and embraced the World. 2. Though not on ſingle man in Iſrael be a Judge, or King by nature, nor have in them formally any ray of Royaltie, or of Magiſtraticall Authoritie; yet it followeth not, that Iſrael Parliamentarily convened, hath no ſuch authoritie, as to make Saul King inHow Soveraigntie is in the people, and how not. Mizpah, and David King in Hebron, 1 Sam. 10. 24, 25. 1 Chro. 11. 1, 2. Chap. 12. 38, 39. One man alone hath not the Keyes of the Kingdom of Heaven, (as the Prelate dreameth) But it followeth not, that many convened in a Church way, hath not this power, Matth. 18. 17. 1 Cor. 5. 1, 2, 3, 4. One man hath not ſtrength to fight againſt an Army of ten thouſand: doth it follow? Ergo, An Army of twenty thouſand hath not ſtrength to fight againſt theſe ten thouſand: So one Paul cannot Synodically determine the queſtion, Acts 15. It followeth not; Ergo, The Apoſtles, and Elders, and Brethren, convened from divers Churches, hath not power to determine it in a lawfull Synod: And therefore, from a disjoyned and ſcattered power, no man can argue to a united power: So not any one man is an inferiour Ruler, or hath the rayes and beams of a number of Ariſtocraticall Rulers: but it followeth not. Ergo, All p. 44theſe men combined in a Citie, or Societie, have not power in a joynt Politicall body, to choſe Inferiour or Ariſtocraticall Rulers. 3. The P. Prelates reaſon is nothing. All the Contribution (ſaith he) in the compact body to make a King, is onelyonly by a ſurrender of the native right of every ſingle man, (the whole being onelyonly a voluntary conſtitution.) How then can there be any majeſtie derived from them? I anſwer. Very well. For the ſurrender is ſo voluntary, that it is alſo naturall, and founded on the Law of nature, That men muſt have Governours, either many, or one ſupreme Ruler: And it is voluntary, and dependeth on a poſitive inſtitution of God, Whether the Government be by one ſupreme Ruler, as in a Monarchie, or in many, as in an Ariſtocracie, according as the neceſſitie and temper of the Common-wealth do moſt require. This Conſtitution is ſo voluntary, as it hath below it, the Law of nature for its generall foundation; and above it, the ſupervenient inſtitution of God, ordaining, That there ſhould be ſuch Magiſtrates, both Kings, and other Iudges, becauſe without ſuch, all humane ſocieties ſhould be diſſolved. 4. Individuall perſons in creating a Magiſtrate, dothA Community doth not ſurrender their right and libertie to their Rulers, ſo much as their power active to do, and paſſive to ſuffer unjuſt violence. not properly ſurrender their right, which can be called a right; for they do but ſurrender their power of doing violence to theſe of their fellows in that ſame Communitie; ſo as they ſhall not now have Morall power to do injuries without puniſhment; and this is not right or libertie properly, but ſervitude: for a power to do violence and injuries, is not liberty, but ſervitude and bondage. But the Prelate talketh of Royaltie, as of meer Tyranny, as if i… were a proper Dominion, and ſervile Empire, that the Prince hath over his people, and not more paternall and fatherly, then lordly, or maſterly. 5. He ſaith, Violation of faith plighted in a contract amongſt equals, cannot be called diſobedience, but diſobedience to the authoritie of the Soveraign is not onelyonly breach of Covenant; but high diſobedience and contempt. But violation of faith amongſt equals, as equals, is not properly diſobedience; for diſobedience is betwixt a ſuperiour and an inferiour: but violation of faith amongſt equals, when they make one of their equals their Iudge and Ruler, is not onelyonly violation of truth, but alſo diſobedience. All Iſrael and Saul while he is a private man ſeeking his fathers Aſſes, are equals by Covenant obliged one to another; and ſo any injury done by Iſrael to Saul in that caſe, is not diſobedience, but onelyonly violation of …aith; but when all Iſrael maketh Saul their King, and ſweareth to him obedience, he is not now their equall, and an injury done to p. 45him now, is both a violation of their faith, and high diſobedience alſo. Suppoſe a Citie of Aldermen, all equall amongſt themſelves indignitie and place, take one of their number, and make him their Major and Provoſt; a wrong done to him now, is not onelyonly againſt the rules of fraternitie, but diſobedience to one placed by God in authoritie over them. 6. 1 Sam. 11. 7. The fear of the Lord fell on the people, and they came out with one conſent to obey Saul. Ergo, God hath placed authority in Kings, which is not in people: It is true, becauſe God hath transferred the ſcattered authorities that are in all the people, in one Maſſe; and by vertue of his own Ordinance, hath placed them in one man who is King. What followeth? Ergo, God conferreth this authoritie immediately upon the King, without the mediation of any action of the people; yea, the contrary ratherGods loſing of the bond of Kings, by the mediation of the peoples diſpiſing him, proveth againſt P. P. that the Lord taketh and giveth Royall Majeſty mediately. followeth. 7. God looſeth the bond of Kings; that is, when God is to caſt off Kings, he cauſeth them to loſe all authoritie, and maketh them come in contempt with the people. But what doth this prove? That God taketh away the majeſtie and authority of Kings immediately; And therefore God gave to Kings this authoritie Immediately, without the peoples conveiance? Yea, I take the Prelates weapon from him. God doth not take the authority of the King from him immediately, but mediately by the people their hating and diſpiſing him, when they …ee his wickedneſſe, as the people ſee Nero a Monſter, a prodigeous blood-ſucker; upon this, all the people contemn him, and diſpiſe him, and ſo the majeſty is taken from Nero, and all his Mandates and Laws, when they ſee him trample upon all Laws divine and humane; and that mediately by the peoples heart, diſpiſing of his majeſtie, and ſo they repeat and take again that aw-ſome authoritie, that they once gave him: And this proveth, that God gave him the authoritie mediately, by the conſent of man. 8. Nor ſpeaketh he of Kings onelyonly, but Verſ. 21. He powreth contempt foreign ſuper munificos. Pineda. Aria. Mont. ſuper Principes. Upon Nobles and great men. And this place may prove, That no Iudges of the earth are made by men. 9. The Heathen ſay, That there is ſome divinity in Princes, as in Alexander the great, toward his enemies, and Scipio: But this will prove, That Princes and Kings have a Superiority over thoſe who are not their native Subjects; for ſomething of God is in them, in relation to all men, that are not their Subjects. If this be a ground, ſtrong and good, becauſe God onelyonly, and independently from men, taketh away this majeſtie; as God onelyonly, and independently giveth it, then p. 46a King is ſacred to all men, ſubjects, or not ſubjects; then it is unlawfull to make war againſt any forraign King and Prince, for in invading him, or reſiſting him, you reſiſt that divine majeſtie of God, that is in him; then you may not lawfully flee from a tyrant, no more then you may lawfully flie from God. 10. Scipio was not a King. Ergo, This divine majeſtie is in all Iudges of the earth, in a more or leſſe meaſure. Ergo, God onelyonly and immediately, may take this ſpark of divine majeſtie from inferiour Iudges: It followeth not. And Kings certainly cannot infuſe any ſparkle of a divine majeſtie, on any inferiour Iudges; for God onelyonly, immediately infuſeth it in men. Ergo, It is unlawfull for Kings to take this divinitie from Iudges, for they reſiſt God, who reſiſt Parliaments, no leſſe then thoſe who reſiſt Kings. Scipio hath divinity in him, as well as Ceſar, and that immediately from God, and not from any King. 10. Moſes was not a King when he went to Pharaoh, for he had not as yet a people; Pharaoh was the King, and becauſe Pharaoh was a King, the Divines of Oxford muſt ſay, His Majeſtie muſt not, in words of rebuke, be reſiſted, more then by deeds. 11. Moſes his face did ſhine as a Prophet receiving the Law from God, not as a King: and is this Sunſhine of Heaven upon the face of Nero, and Julian? It muſt be, if it be a beam of Royall Majeſtie, if this pratler ſay right, but 2 Cor. 3. 7. this was a majeſtie typicall, which did adumbrate the glory of the Law of God, and is far from being a royaltie due to all Heathen Kings. 12. I would our King would evidence ſuch a Majeſtie in breaking the Images and Idols of his Queen, and of Papiſts about him. 13. The fear of Noah, and the regenerated, who are in Covenant with the Beaſts of the field, Job. 5. 23. is upon the Beaſts of the earth, not by any approbation only, as the people maketh Kings, by the Prelates way; nor yet by free conſent, as the people freely transfer their power to him, who is King. The creatures inferiour to man, have by no act of freewill, choſen man to be their Ruler, and transferred their power to him, becauſe they are by nature inferiour to man, and God by nature hath ſubjectedThe ſubordination of creatures naturall, not voluntary as is the ſubordination of people to Kings and Rulers. the creatures to man, Gen. 1. 28. and ſo this proveth not, that the King by nature is above the people, I mean the man who is King; and therefore though God had planted in the hearts of all ſubjects, a fear and reverence toward the King; upon ſuppoſall, that they have made him King: It followeth not, That this authoritie and majeſtie, is immediately given by God to the man who is King, without the interveening conſent of the people; for there p. 47is a native feare in the Scholler to ſtand in awe of his Teacher, and yet the Scholler may willingly give himſelfe to be a diſciple to his Teacher, and ſo give his Teacher power over him. Citizens naturally feare their ſupreame Governour of the City, yet they give to the man who is their ſupream Governour, that power and Authority which is the ground of awe and reverence. A Servant naturally feareth his Maſter, yet often he giveth his liberty, and reſigneth it up voluntarily to his Maſter, and this was not unordinary amongſt the Iewes, where the ſervant did intirely love the Maſter, and is moſt ordinary now when ſervants doe for hyre, tye themſelves to ſuch a Maſter; and Souldiers naturally feare their Commanders, yet they may, and often doe, by voluntary conſent make ſuch men their Commanders; and therefore from this it followeth no way, that the Governour of a City, the Teacher, the Maſter, the Commander in War have not their power and authority only and immediatly from God, but from their inferiours, who by their free conſent appointed them for ſuch places.

P. Prelate. This ſeemeth, or rather is an unanſwerable Argument,7. Arg. pag. 51. 52. The place Gen. 9. 5. He that ſheddeth mans blood, &c.Gen 9:5 No man hath power of life and death, but the Soveraign Power of life and death; to wit God, Gen. 9. 5. God ſaith thrice he will require the blood of man at the hands of man, and this power God hath committed to Gods Deputy, who ſo ſheddeth mans blood foreign by man ſhall die, by the King, for the world knew not any kind of goverment at this time, but Monarchiall; and this Monarch was Noah; and if this power be from God, why not all ſoveraigne power? ſeeing it is Homogeneous, and as …riſts ſay in indiviſibili poſita, a thing in its nature indiviſible, and that cannot be distracted, or impaired, and if every man had the power of life and death, God ſhould not be the God of Order.

The P. Prelate taketh the paines to prove out of the text that a Magiſtracy is eſtabliſhed in the text. Anſ. 1. Let us conſider this unanſwerable Argument, 1. It is grounded upon a lye, and a conjecture never taught by any but himſelfe; to wit, that foreign by, or in, or through man, muſt ſignifie a Magiſtrate. 2. and a King onelyonly. 3. This King was Noah, never interpreter; nay not common ſence can ſay, that no Magiſtrate is here underſtood but a King; the conſequence is vaine, his blood ſhall be ſhed by man, ergo by a Magiſtrate, it followeth not, ergo by a King, it followeth not: there was not a King in the world yet as; ſome make Belus the father of Ninus the firſt King, and the builder of Babylon, this Ninus is thought the firſt builder of the City, after called Ninivie, and p. 48the firſt King of the Aſſyrians, ſo ſaith aaQuint. Curtius, l. 5.Quintus Curtius and others; but grave Authors beleeve that Nimrod was no other then Belus the father of Ninus, ſo ſaith bbAug. dc civ. Dei, l. 16. c. 17.Auguſtin, ccEuſeb. in exo. Cronic.Hierome, ddHieron. in c. 2. Hoſ.Euſebius, eeEuſeb. l. 9. de prepar. Evan. c. 3.Hieronym. And ffClemens recog. l. 4.Euſebius maketh him the firſt founder of Babylon: So ſaith ggPirerius in Gen. c. 10. v. 8, 9. diſp. 3. n. 67. Illud quoque mihi fit percredibile, Nimrod fuiſſe eundem, at que enim quem alii appellant Belum patrem Nini.Gen 10:8Gen 10:9Clemens, iiEuſeb. prolog l. 1. Chron.Pirerius; and Ioſephus ſaith the ſame. 1. their times, 2. their cruell natures are the ſame. kkPaul Oroſius. l. 1. de Ormeſta mundi.Calvin ſaith, Noah yet lived while Nimrod lived: and the Scripture ſaith, Nimrod began to reigne, and be powerfull on the Earth. And Babel was foreign the beginning of his kingdome. No writer, Moſes nor any other can ſhew us a King before Nimrod. So llHieron. in traditio Hebrei in Gen.Euſebius, mmToſtat. Abulenſ. in Gen. c. 10. 9. 6.Gen 10:9Gen 10:6Paul. Oroſius, nnCalvin com.Hieronym. ooIoſephus in c. 10. Ge.Ioſephus ſay that he was the firſt King. And ppLuth. cò. ib.Toſtatus Abulenſ. and our own qqMuſculus.Calvin, rrAinſw. com.Luther, ssMorlar.Muſculus on the place, and ttPircrius in Gen. c. 9. v. 3, 4. n. 37. Vatablus hath divers interpretations; In homine, id eſt, in conſpectu omnium & publicè, aut in homine, i. e. hominibus teſtificantibus. alii▪ iu homine, i. e. propter hominem, qui… occidit hominem, juſſu magiſtratus. Cajotan expoundeth foreign contra hominem, in deſpight of man.Gen 9:3Gen 9:4Ainſworth, make him the firſt King, and the founder of Babylon. How Noah was a King, or there was any Monarchicall government in the world then, the Prelate hath alone dreamed it: There was but Familie-government before this. 2. And if there bee a Magiſtracie heere eſtabliſhed by God, there is no warrant to ſay it is onelyonly a Monarchie: For if the Holy Ghoſt intendeth a policie: it is a policie to be eſtabliſhed to the worlds end, and not to bee limited (as the P. Prelate doth) to Noahs (h) Calvin com. in c. 9. Gen.dayes: all Interpreters upon good ground eſtabliſh the ſame policie that our Saviour ſpeaketh of, when he ſaith, He ſhall periſh by the ſword, who taketh the ſword, Matth. 26. 52. So the Netherlands have no lawfull Magiſtrate, who have power of life and death, becauſe their Government is Ariſtocraticall, and they have no King. So all acts of taking away the lives of ill-doers, ſhall be acts of homicide in Holland: how abſurd? 3. Nor doe I ſee how the place in the native ſcope doth eſtabliſh a Magiſtracie. (s) Calvin ſaith not ſo: & Interpreters deduce by conſequence the power of the Magiſtrate from this place. But the Text is generall: He who killeth man, ſhall be killed by man: either he ſhall fall into the Magiſtrates hand, or into the hand of ſome Murtherer: ſo Calvin, (t) Marlorat. And he ſpeaketh (ſaith (w) Pirerius) not of the fact and event it ſelfe, but of the deſerving of murtherers; and it's certaine, all murtherers fall not into the Magiſtrates hands; but he ſaith, by Gods and ma…s(q) Calv. com. Quanquam hoc loco non ſimpliter fertur lex politica, ut plectantur homicidae. p. 49(r) Calv. in lect.laws. Ergo, They ought to dye, though ſometime one murtherer killeth another. 4. The Soveraign power is given to the King, ergo, it is given to him immediately without the conſent of the people. It followeth not. 5. Power of life and death is not given to the King only, but alſo to other Magiſtrates, yea, and to a ſingle private man in the juſt defence of his own life. Other arguments are but what the Prelate hath ſaid already.