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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25438 Animadversions on a discourse entituled, God's ways of disposing of kingdoms 1691 (1691) Wing A3189; ESTC R11078 29,781 39

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that the Law of a State or Kingdom Will they allow the Law of the Kingdom to be thus superior to their Sovereign The Rolls of this Law some Jewish Rabbins affirm that their Kings destroyed When therefore our Learned B shall produce an authentick Copy of the Law or that manner of the Jewish Kingdom which Samuel wrote in a Book 1 Sam. 25. and laid up before the Lord his Arguments from the Jewish Polity may deserve Consideration and yet what the present B of Worcester says in his Irenicum would have its due weight Those who plead the obligatory nature of Scripture-Examples Iren. p. 13. must either produce the Moral Nature of these Examples or else a Rule binding us to follow these Examples especially when these Examples are brought to found a new positive Law obliging all Christians From hence he proceeds to treat of God's ways of conferring Sovereign Power immediately in the Patriarchs time Vid. p. 7. Marg. Ib Sect. 8. This he says at first was from God we are sure because it was from the beginning of Mankind The first Men that were born into the World were all of Adam 's Family And so were all that came after till some of them went forth as Cain did to make Families for themselves Observe the reasoning here We are sure it was from God because it was from the beginning of Mankind Does he mean here from the Creation of Man from the first Multiplying or Infancy of the Subjects or from their Maturity and years of Discretion If the first then we are sure Civil Polity or Sovereignty was not from the Beginning of the World unless there was a King without a Subject The second cannot be said to be Subjects of a Civil Polity Pufend. Elementa Jurisprud cap. ultim and Pufendorf grounds the Paternal Power over them upon their presum'd Consent But for the last it would be no Consequence that because they were Subjects while they were not capable of Dissenting therefore they must continue so when they are at years of consent And if the Sovereignty began when they commenced Men then there is no Presumption to the contrary but that it began upon their consent nor will they be oblig'd to give up their Lives and the Fruits of their Labours to their Parents meerly for their having exercised that Affection towards them in their Childhood which Nature both requires and delights in Himself admits that the Sons when they come of Age may chuse whether they will be under their Fathers Government or no for he places the Power in being Father of the Family and allows the Sons then to make Families by themselves and to set up for Independent Princes This is plain from the instance of Cain Gen. 4.16 17. he of his own accord left his Fathers Family and built him a City Till then says our B they were govern'd by the common Father of Mankind Page 8. So that Cain who voluntarily deserted his Fathers Family by that act of his set up himself King in the Life-time of his Father But this Man was not the Patriarch had no Divine Nomination or Appointment nor is it likely he should have for he went out from the presence of the Lord Gen. 4.16 cast off the Theocrasie nor had any Appointment that appears from his Father Either then that City or Civil Society was govern'd popularly or if he was a Sovereign it was of the Free Choice of the Society for otherwise he had no Right at all And thus Cain bids fairest for being the first Independent Monarch in the World while Adam was under the Theocrasie and this he must grant in consequence of his own words elsewhere For says he when Jacob and all his Family went down into Egypt Page 9. there ended their Patriarchical Government It appears therefore that the Patriarchical Government was inferior to the Monarchical And if Adam should have gone to dwell in Cain's City his Patriarchical Government would have ended This matter is so intreagued that I need not enquire 1. Vid. Gielfusii op pol. p. 5. An fuisset futura politia instatu Innocentiae Aff. Quia fuissent futurae Societates in primis duae priores eaeque certo ordine inter se devinctae nulla tamen fuisset in imperando violentia vel injustitia sed dulcis harmonia Hooker 's Eccles Pol. c. 1. f. 26. There were as yet no Civil Societies no manner of Publick Regiment established Whether there was any occasion for the Rights of Sovereignty in the State of Innocence 2. V. Gen. 9.3 5 6. Whether Power over Life was given by God to Man till after the Flood 3. Targum of Onkelos Polyg f. 35 Quicunque effuderit sanguinem hominis per testes ex sententia judicum sanguis ejus fundetur Whether that Power when it was given was an Arbitrary Power or only to be exercised in the way of Judicature 4. Digests Lib. 1. Tit. 61. Whether the Compilers of the Digests were in the Right when they say That the Law whereby Children begotten in Lawful Marriage are in the Power of the Parents and that as the Commentator explains it so far as that they acquire for their Parents is Jus proprium civium Romanorum a Law peculiar to the People of Rome But to follow our Author to Noah Noah was the Father of all them that lived after the Flood P. 8. Sect. 8. and he was their Governor too till his Children were too many to live in one Country or under one Government and then they branched themselves into Nations among whom the Earth was divided Is this agreeable to Holy Writ what matter for that it serves the Hypothesis Tho the Scripture shews expresly that God gave the whole Earth Vid. Gen. 9.1 2 3 4 5 6 7. and the Power over Life to Noah and his Sons and the whole Covenant was between God on one part and Noah and his Sons on the other Upon which Mr. Mare Clausum f. 13. Certe non obscura verum plane communionis vestigia occurrunt in donatione illa numinis qua Noachus tres filii ejus c. domini pro indiviso rerum omnium facti sunt That Noah and his Sons were by Gods Donation Lords of all things in common Either no natural Right can be inferred from this because it was Gods immediate Free Gift or it shews that they who are adult have Right to share in Dominion with their Parents Either way it cuts off the Patriarchical Power which he would continue till Jacob went into Egypt Pag. 9. The Scripture says Gen. 10.32 The Nations were divided in the Earth after the Flood by the Families of the Sons of Noah And that the Families were after their Tongues He will have it to be by Noah's Children and speaks of it as if it were a regular branching themselves into Nations because the Children were too many to live in one Family Page