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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nature_n	humane_a	law_n	positive_a	2,470	5	10.9031	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59963	A hind let loose, or, An historical representation of the testimonies of the Church of Scotland for the interest of Christ with the true state thereof in all its periods : together with a vindication of the present testimonie, against the Popish, prelatical, & malignant enemies of that church ... : wherein several controversies of greatest consequence are enquired into, and in some measure cleared, concerning hearing of the curats, owning of the present tyrannie, taking of ensnaring oaths & bonds, frequenting of field meetings, defensive resistence of tyrannical violence ... / by a lover of true liberty.	Shields, Alexander, 1660?-1700.	1687 (1687)	Wing S3431; ESTC R24531	567,672	774

God of His Word warranting Authorizing So we are commanded to try the spirits whether they be of God 1 Iohn 4. 1. So in this sense sin tentation lust Corruptions of the world are not of God Iam. 1. 13. 1 Iohn 2. 16. Again things are ordained of God either by the order of His Counsel or Providential will either effectively by way of Production or Direction or Permissively by way of non-impedition Or they are ordained by the order of His Word Preceptive will The former is Gods Rule the latter is ours The former is alwise accomplished the latter is often contradicted The former orders all actions even sinful the latter only that which is good acceptable in the sight of God By the former Israel rejected Samuel by the latter they should have continued Samuels Government and not sought a King By the former Athaliah usurped the Government by the latter she should have yeelded obedience resigned the Government to the posterity of Ahaziah By the former all have a physical subordination to God as Creatures subject to His All-disposing will by the latter Those whom He approves have a moral subordination to God as obedient subjects to His Commanding will. Now Magistrats are of God and ordained by Him both these wayes Tyrants but one of them I say Magistrats the higher Powers to whom we owe must oune subjection are of God both these wayes both by His purpose Providence and that not meerly eventual but effective executive of His Word disposing both of the Title Right Possession of the power to them whom He approves and bringing the People under a consciencious subjection And by His Word warrant So Adonijah the Usurper though he had the pretence of Hereditary right and also possession by Providence was forced to oune King Solomon in these termes upon which only a Magistrate may be ouned The Kingdome sayes he was mine and all Israel set their faces on me that I should reign howbeit the Kingdom is turned about and become my brothers for it was his from the Lord 1 King. 2. 15. He had both Providence turning about the Kingdom to him and also the Warrant of the Lords Approbative preceptive will. But Tyrants Usurpers are only of God and ordained of God by His overruling purpose permissive Providence either for performing His holy purpose towards themselves as Rehoboams professing he would be a Tyrant and refusing the Lawful desires of the people was of God 2 Chron. 10. 15. Or for a judgment vengeance upon them that are subject to them Zech. 11 6 whereby they get a power in their hand which is the Rod of the Lords Indignation and a Charge Commission against a Hypocritical Nation Isa. 10. 5. 6. This is all the power they have from God who gives Iacob to the spoil Israel to the Robbers when they sin against Him Isa. 42. 24. This doth not give these Robbers any right no more than they whose Tabernacle prosper into whose hand God bringeth abundantly Iob. 12. 6. Thus all Robbers and the great Legal Robbers Tyrants and their Authorized Murderers may be of God to wit by His Providence Hence those that are not ordained of Gods preceptive will but meerly by His Providential will their Authority is not to be ouned But Tyrants Usurpers are not ordained of Gods Preceptive but meerly by His Providential will. The Minor needs no proof yet will be cleared by many folowing Arguments The Major will be afterwards more demonstrated Here I shall only say They that have no other ordination of God impowering them to be Rulers than the devil hath must not be ouned But they that have no other than the ordination of Providence have no other ordination of God impowering them to be Rulers than the devil hath Ergo they that have no other than the ordination of Providence must not be ouned 2. But let us next consider what is comprehended in the Ordination of that Authority which is to be ouned as of God And it may be demonstrated there are two things in it without which no Authority can be ouned as of God viz. Institution Constitution So as to give him whom we must oune as Gods Minister Authority both in the Abstract Concrete that is that he should have Magistracy by Gods Ordination and be a Magistrate by according to the will of God. All acknowledge that Magistracy hath Gods Institution for the Powers that be are ordained of God which contains not only the Appointment of it but the qualification forme of it That Government is appointed by Divine Precept all agree but whether the Precept be Moral Natural or Moral Positive Whether it was appointed in the State of Innocency or since disorder came in the world Whether it be Primario or Secundario from the Law of nature is not agreed upon It may possibly be all these wayes Government in the General may be from the Law and light of Nature appointed in Innocency because all its relative duties are enjoined in the fifth Command and all Nations Naturally have an esteem of it Without which ther could be no order distinction or Communion in humane Societies But the Specification or Individuation may be by a Postnate Positive Secundary Law yet Natural too for though ther be no reason in Nature why any man should be King Lord over another being in some sense all Naturally free but as they yeeld themselves under Jurisdiction The exalting of David over Israel is not ascribed to Nature but to an act of divine bounty which took him from following the Ewes and made him feeder of the People of Israel Psal. 78. 70 71 yet Nature teacheth that Israel and other People should have a Government and that this should be subjected to Next not only is it appointed to be but qualified by Institution and the Office is defined the End prescribed and the measures Boundaries thereof are limited as we shall hear Again the formes of it though Politically they are not stinted that People should have such a forme not another yet Morally at least Negatively whatever be the forme it is limited to the Rules of equity justice and must be none other than what hath the Lords Mould Sanction But there is no Institution any of these wayes for Tyranny Hence that Power that hath no Institution from God cannot be ouned as His ordinance But the Power of Tyrants is that Power being contrary in every respect to Gods Institution and a meer deviation from it eversion of it Ergo To the Minor it may be replyed Though the Power which Tyrants may exerce Usurpers assume may be in Concret● contrary to Gods Institution and so not to be ouned yet in abstracto it may be acknowledged of God. It s but the abuse of the Power and that does not take away the use We may oune the Power though we do not oune the abuse of it

conveen to ask a King 1 Sam. 8. And without any head or superior they convene make David King notwithstanding of Isbosheths hereditary right Without against Tyrannous Athaliah her consent they convene make Ioash King and cared not for her Treason Treason 2 King. 11. But now the king alone challenges the Prerogative-power of calling dessolving Parliaments as he pleases and condemns all meetings of Estates without his warrant which is purely Tyrannical for in cases of necessity by the very Law of nature they may must convene The Power is given to the king only by a positive Law for orders sake but otherwise they have an intrinsical Power to assemble themselves All the forecited Commands Admonitions Certifications to execute Iudgement must necessarly involve imply Power to convene without which they could not be in a Capacity for it Not only unjust Judgement but no I●dgement in a time when Truth is fallen in the streets equity cannot enter is charged as the sin of the State therefore they must convene to prevent this sin and the wrath of God for it God hath committed the keeping of the Common-wealth not to the king only but also to the peoples Representatives heads And if the king have Power to break up all Conventions of this nature then he hath Power to hinder Judgement to proceed which the Lord Commands And this would be an excuse when God threatens vengeance for it we could not execute Iudgement because ehe King forbad us Yet many of these forementioned reproofs threatenings certifications were given in the time of Tyrannous Idolatrous kings who no doubt would inhibite discharge the doing of their duty yet we see that was no excuse but the Lord denounces wrath for the omission 4 They had Power to execute Judgement against the will of the Prince Samuel killed Agag against Sauls will but according to the Command of God 1 Sam. 15. 32. Against Ahabs will mind Elijah caused kill the Priests of Baal according to Gods express Law 1 King. 18. 40. It is true it was extraordinary but no otherwise than it is this day when there is no Magistrate that will execute the Judgment of the Lord then they who have Power to make the Magistrate may ought to execute it when wicked men make the Law of God of none effect So the Princes of Iudah had power against the kings will to put Ieremiah to death which the king supposes when he directs him what to say to them Ier. 38. 25. They had really such a Power though in Ieremiahs case it would have been wickedly perverted See Lex Rex Q. 19. 20. 5 They had a power to execute Judgement upon the king himself as in the case of Amaziah Uzziah as shall be cleared afterwards I conclude with repeating the Argument If the king be accountable whensoever this Account shall be taken we are confident our disouning him for the present will be justified and all will be obliged to imitate it If he be not then we cannot oune his Authority that so presumptously exalts himself above the People 10. If we will further consider the nature of Magistracy it will appear what Authority can conscienciously be ouned to wit that which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potestas not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potentia Authorized Power not Might or force Moral Power not merely Natural There is a great difference betwixt these two Natural Power is common to brutes Moral Power is peculiar to men Narural Power is more in the Subjects because they have more strength force Moral Power is in the Magistrate they can never meet adequately in the same subject Natural power can Moral only may warrantably exercise rule Natural power is opposed to impotency weakness Moral to illicitness or unlawfulness Natural power consists in strength Moral in righteousness Natural power may be in a Reut of Rogues making an uproar Moral only in the Rulers they cannot be distinguished by their acts but by the Principle from which the acts proceed in the one from meer force in the other from Authority The Principle of Natural power is its oun might will and the end only self Moral hath its rise from positive Constitution and its end publick safety The strength of Natural power lies in the Sword whereby its might gives Law the strength of Moral power is in its Word whereby reason gives Law unto which the Sword is added for punishment of Contraveners Natural power takes the Sword Math. 26. 52. Moral bears the Sword Rom. 13. 4. In Natural power the Sword is the Cause in Moral it is only the Consequent of Authority In Natural power the Sword legitimates the Scepter in Moral the Scepter legitimates the Sword The Sword of the Natural is only backed with Metal the Sword of the Moral power is backed with Gods warrant Natural power involves men in passive subjection as a traveller is made to yeeld to a Robber Moral power reduces to Consciencious subordination Hence the power that is only Natural not Moral Potentia not Potestas cannot be ouned But the power of Tyrants Usurpers is only Natural not Moral Potentia not Potestas Ergo it cannot be ouned The Major cannot be denied for it is only the Moral Power that is ordained of God unto which we must be subject for Conscience sake The Minor also for the Power of Tyrants is not Moral because not Authorized nor warranted nor ordained of God by His preceptive Ordinance and therefore no Lawful Magistratical Power For the clearer understanding of this let it be observed there are four things required to the making of a Moral or Lawful Power the matter of it must be Lawful the Person Lawful the Title Lawful and the Use Lawful 1. The matter of it about which it is exerted or the work to be done by it must be Lawful warranted by God and if it be unlawful it destroyes its Moral being As the Popes power in dispensing with Divine Laws is null no Moral Power And so also the Kings power in dispensing with both Divine humane Laws is null Hence that power which is in regard of matter unlawful and never warranted by God cannot be ouned But absolute power which is the power of Tyrants Usurpers particularly of this of ours is in regard of matter unlawful never warranted by God Ergo 2. The Person holding the power must be such as not only is capable of but competent to the tenure of it and to whom the holding of it is allowed and if it be prohibited it evacuates the Morality of the power Korah his Company arrogated to themselves the Office of the Priesthood this power was prohibited to them their power then was a nullity As therefore a person that should not be a Minister when he usurps that office is no Minister So a person that should not be a Magistrate when he usurps that Office is no

might have to their extraordinary executions of Judgement as Samuel Elijah had to kill Agag and Baals Prophets but either the allowance of man then there is no question about it Or if that cannot be had as in the case circumstantiate it cannot Then the Providential Morall Call of extream necessity for preservation of our lives and preventing the murder of our Brethren may warrant an extraordinary executing of righteous Judgement upon the Murderers Men may have a Call to a necessary duty neither every way mediate nor immediate as the Call of runing together to quench a fire in a City when Magistrats through wickedness or negligence will not or do not call people forth unto that work they have not mans call nor an immediate call from Heaven yet they have a Lawful Call from God So they do not intrud upon the Magistrats Office nor want they a call to this execution of Judgement who do materially that work for that exigent which Magistrats by Office were bound to do being called thereto by God by Nature and the call of inevitable Necessity which knoweth no h●mane Law and to which some Divine positive Laws will cede Ius populi cap. 20. pag. 423. 12. Thô this be a principle of reason natural Justice when all the forementioned circumstances are clear that it is Lawful for private persons to execute righteous Judgement upon notorious Incendiaries and Murdering publick Enemies in cases of necessity yet it might be a sinful breach of the Sixth Command to draw extraordinary examples of it to an ordinary practice in killing all who might be found Criminal and would deserve death by the Law as all that have served under a banner of Tyrannie violence displayed against God His people to the ruine of the Reformation wasting of the Country oppression of many honest families and destruction of many innocent people are and would be found guilty of Murder as the Chief Captain would have truly alledged Paul to have been a Murderer if he had been the Egyptian which made an uproar and led out four thousand men that were Murderers Act. 21. 38. As for the vulgar ordinary sort of those Vermine of Varlets it is of no advantage for oppressed people to foul their fingers upon them when their slaughter would not put a stop to but rather encrease the destruction of the people of God and were unlawful to prevent anticipate the due Legal execution of Justice where there is any prospect or expectation of its runing in its right channel But for the chief principal Ring-leaders and common publick habitual Incendiaries and Masters of the ●rade of Murdering the Lords people when there is no other way of being rid of their rage and preserving our selves and preventing the destruction of our Brethren we may in that case of necessity make publick examples of them in an extraordinary Procedure against them that may be most answerable to the Rules of the ordinary Procedure of Justice and in imitation of the Heroick Actions recorded and justified in the Word of God in the like extraordinary cases which are imitable when the matter of their Actions is ordinary that is neither preternatural nor Supernatural thô the occasion was singular just and necessary both by Divine precept and as a mean to good necessary ends and when there is no other to do the work nor any prospect of access to Justice in its ordinary orderly course nor possibility of suspending it till that can be obtained We need not then any other call than a Spirit of holy zeal for God and for our oun our Brethrens preservation in that pinch of extremity We do not hold these extraordinary Actions for regular ordinary Precedents for all times persons universally which if people should fancy and heed more the glory fame of the Action than the sound solid Rule of the Scriptures they may be tempted carried to fearful extravagances But they may be Warrants for private persons in their doing of these things in an extreame necessity to which at other times they are not called And when the Lord with Whom is the residue of the Spirit doth breath upon His people moe or fewer to the exciting of more than ordinary zeal for the execution of Justice upon such Adversaries we should rather ascribe Glory Praise to Him Whose hand is not shortened but many times chooseth the weak foolish things of the world to confound the mighty the wise than condemn His Instruments for doing such things Naph pag. 24 25. Prior Edit All these cases which are all I can think on at present comprehending all that may any way infer the guilt of murder I have collected to the end I may conclude this one Argument and leave it to be considered If this extraordinary executing of Judgement upon Notorious Incendiaries and Murdering publick Enemies by private persons in the circumstances above declared cannot be reduced to any case that can infer the guilt of murder Then it cannot be condemned but justified But this extraordinary executing of Judgement c. cannot be reduced to any case that can infer the guilt of murder as will appear by the induction of all of them Ergo this extraordinary executing of Judgement c. cannot be condemned but justified II. In the Next place What we oune may be done warrantably in taking away the life of men without breach of the Sixth Command will appear by these propositions Assertions which will bring the matter to the present Circumstantiate Case 1. It is certain thô the Command be indefinitely expressed it doth not prohibite all killing but only that which is condemned in other explicatorie Commands Our Lord Jesus repeating this Command explains it by expressing it thus Math. 19. 18. Thow shalt not Murder And if any be Lawful it is granted by all that is which is unavoidable by the invincible necessity of Providence when a man following his duty doth that which beside contrary his intention and without any previous neglect or oversight in him proveth the hurt death of another in which case he was allowed to flee to the City of refuge by the Law of God. Whence if that Physical necessity did justify that kind of killing shall not a Moral necessity every way invincibly unavoidable except we suffer our selves and our Brethren to be destroyed by beasts of prey vindicate this kind in an extraordinary extremity when the Murderers are protected under the sconce of pretended Authority In which case the Law of God would allow deliberate Murderers should be pursued by the Avenger of blood and not to have Liberty to flee to these subterfuges and pretexts of Authority meer Tyranny but to be taken from the horns of such altars and be put to death as Mr Mitchel sayes in vindicating his oun Action in a Letter dated Feb. 1674. 2. It is Lawful to take the life of known convicted Murderers

without sedition withhold the fruits profits which your false Bishops Clergy most unjustly received of yow Upon which he subjoins the preceeding Arguments Yet now a dayes these have no weight but such as refuse either to pay Oppressors exactions or Curats stipends are condemned for giddy fools Again we find that when they were challenged for duty they would never decline a declaration of its righteousness nor do any thing directly or indirectly which might seem a condemning of it And therefore they wold receive no pardons for these things which they could not confess to be offences Iohn Knox challenged for offending the Queen had her promise that if he would confess an offence his greatest punishment should be but to go within the Castle of Edinburgh and immediatly to return to his own house he refused absolutely But now if our Pardon-mongers prudent men had been so circumstantiate surely they could have helped themselves with their distinctions they might confess be pardoned for offending the Queen thô not confess it to be a fault in their Conscience But Mr Knox had not learned that then When they were pursuing the Murder of King Henry of Darnely the Queen finding her self not strong enough offers to forgive pardon that insurection The Earle of Morton in name of all the rest did not only refuse a Cessation but told her they would not ask a pardon But now sufferers for refusing of these base unmanly aswell as unchristian Complyances are much condemned Finally because this strictness especially in their severity against their Enemies may be accused of Iewish rigidity inconsistent with a Gospel Spirit of Lenity which also is imputed to the much condemned sufferers of Scotland at this time for their Testimonies against Toleration Liberty of Conscience Let us hear what Knox sayes whatsoever God required of the Civil Magistrate in Israel or Juda concerning the observation of true Religion during the time of the Law the same doth He require of Lawful Magistrates professing Christ Jesus in the time of the Gospel And Cites a large Testimony out of Augustine to this purpose And afterward objecting to himself the practice of the Apostles who did not punish the Idolatrous Gentiles he answers That the Gentiles being never avowed to be Gods people before had never received his Law and therefore were not to be punished according to the rigor of it to which they were never subject being strangers from the Commonwealth of Israel But if any think after the Gentiles were received in the number of Abrahams children and so made one people with the Jewes beleeving then ●hey were not bound to the same obedience of Israels Covenant the same seems to make Christ inferior to Moses and contrare to the Law of His heavenly Father for if the Contempt and transgression of Moses's Law was worthy of death what judge we the contempt of Christs ordinance to be And if Christ be not come to dissolve but to fulfill the Law of His Heavenly Father shall the Liberty of His Gospel be an occasion that the special glory of His Father be troden under foot and regarded of no man God forbid And therefore I fear not to affirme that the Gentiles be bound by the same Covenant that God made with His people Israel in these words Beware that thou make not any Covenant with the Inhabitants of the Land but thou shalt destroy their Altars c. When therefore the Lord puteth the Sword in the hand of a people they are no less bound to purge their Cities Countreyes from Idolatrie then were the Israelites what time they received the Possession of the Land of Canaan III. For the head of Resistence of Superior powers we have no clearer instances in any Period then in this where of the above mentioned hints give some account to which in their sentiments arguments may be here subjoined They prised and improved this principle so much that they put it in their Confession of faith Art. 14. To save the Life of Innocents to repress Tyranny to defend the oppressed are among the good works of the Second Table which are most pleasing acceptable to God as these works are commanded by Himself And to suffer innocent blood to be ●hed if we may withstand it is affirmed to be sin by which Gods hot Displeasure is kindled against the proud unthankful world And if there were no more to render the late Test of Scotland detestable that condemns all resistence of Kings upon any pretence whatsoever this may make all Christians all men abhor the contrivance of it that that same Test that confirms this Thesis doth also impose the Antithesis upon Conscience It obliges to this Confession in the first part of it and to deny it in the Latter But no wonder that men of feared Consciences can receive any thing thô never so contradictory to it self And that men who deny sense and that principle irradicated in humane nature may also deny Conscience make a fool of it in sowdering Contradictories But not only did our Reformers assert this Truth for which now their children adhering to their Testimony suffer both rage and reproach but also gave their reasons for it As 1 Mr Knox in his first Conference with the Queen argues thus There is neither greater honour nor obedience to be given to Princes than Parents but so it is that the father may be stricken with a phrensie in the which he would slay his oun children now if the children arise take his weapon from him bind his hands do the children any wrong It is even so with Princes that would murder the Children of God subject to them their blind zeal is nothing but a very mad phrensie and therefore to take the sword from them and cast them into prison till they be brought to a more sober mind is no disobedience against Princes 2 In his Conference with Lithingtoun he proves the same point from the consideration of the justice of God punishing the people for not resisting the Prince The Scripture of God teacheth me saith he Ierusalem Iuda were punished for the sins of Manassoh If you alledge they were punished because they were wicked and not because the King was wicked the Scripture sayes expressly for the sins of Manasseh yet will I not absolve the people I will grant the whole people offended with their King but how to affirme that all Iuda committee the acts of his impiety hath no certainty who can think that all Ierusalem should turn Idolaters immediatly after Hezekias notable Reformation One part therefore willingly followed him in his Idolatry the other suffered him so were criminal of his sin even as Scotland is guilty of the Queens Idolatry this day In the same Discourse he makes it plain that all are guilty of Innocents murder who do not oppose it from Ieremies words in his defence before the Princes Know ye for certain if ye put me to death ye

I ans 1. I acknowledge the distinction as to Magistrats is very pertinent for it is well said by the Congregation in a Letter to the Nobility Knox Hist. of Scot. lib. 2. That there is a great difference betwixt the Authority which is Gods ordinance and the persons of these who are placed in Authority the Authority ordinance of God can never do wrong for it commandeth that vice be punished virtue maintained But the Corrupt Person placed in this Authority may offend Its certain higher Powers are not to be resisted but some persons in Power may be resisted The Powers are ordained of God but Kings commanding unjust things are not ordained of God to do such things But to apply this to Ty●ants I do not understand Magistrats in some Acts may be guilty of Tyranny and yet retain the Power of Magistracy but Tyrants cannot be capable of Magistracy nor any one of the Scripture Characters of Righteous Rulers They cannot retain that which they have forefeited and which they have overturned And Usurpers cannot retain that which they never had They may act enact some things materially just but they are not formally such as can make them Magistrats no more then some unjust actions can make a Magistrate a Tyrant A Murderer saying the ●ife of one killing another does not make him no Murderer Once a Murderer ay a Murderer once a Robber ay a Robber till he restore what he hath robbed So once a Tyrant ay a Tyrant till he make amends for his Tyranny and that will be hard to do 2. The Concrete does specificate the Abstract in actuating it as a Magistrate in his exercising Government makes his Power to be Magistracy a Robber in his robbing makes his Power to be Roberie an Usurper in his usurping makes his Power to be Usurpation So a Tyrant in his Tyrannizing can have no Power but Tyranny As the Abstract of a Magistrate is nothing but Magistracy So the Abstract of a Tyrant is nothing but Tyranny It s frivolous then to distinguish between a Tyrannical power in the Concrete Tyranny in the Abstract the power the abuse of the power for he hath no power as a Tyrant but what is abused 3. They that objects thus must either mean that power in its general Notion is ordained of God but this particular Power ab●sed by Tyrants and assumed by Usurpers is not ordained Or they must mean that the very Power of Tyrants Usurpers is ordained of God but the way of holding using it is not of God. If the first be said they grant all I plead for for thô the Power in general be ordained yet what is this to Tyrants Usurpers would not this Claim be ridiculous for any man to say God hath ordained Governments to be therefore I will challenge it God hath ordained Marriage therefore any may cohabit together as man wife without formal Matrimony If the Second be alledged that the Power of these prevailing Dominators is ordained but not their holding using of it This is Non-sense for how can a Power be ordained and the use of it be unlawful For the abuse use of Tyrannical Power is all one and reciprocal an Usurper cannot use his Power but by Usurpation Again is it not plain that the Abstract the Concrete the act or habit and the subject wherein it is cannot have a contrary Denomination if Drunkenness and Thieft Lying or Murder be of the Devil then the Drunkard the Thief the Lyar the Murderer are of the Devil too So if Tyranny and Usurpation or the use or abuse of Tyrants Usurpers be of the Devil Then must the Tyrants Usurpers also be of him None can say the one is of the Devil and the other of God. Wherefore it is altogether impertinent to use such a Distinction with application to Tyrants or Usurpers as many do in their pleading for the ouning of our Oppressors for they have no power but what is the abuse of power 3. As that Authority which is Gods Ordinance must have His Institution So it must have His divine Constitution from Himself and by the people Wherever then there is Authority to be ouned of men there must be these tuo Constitution from God and Constitution from the people For the first God hath a special Interest in the Constitution of Authority both Immediatly Mediatly Immediatly He declares such such formes of Government to be Lawful Eligible and does order whom who and how people shall erect Governours And so He confers Royal Graces Enduements Gifts for Government on them as on Ioshua Saul So they become the Lords Anointed placed set on the Throne of the Lord 1 Chron. 29. 23. and honoured with Majestie as His deputies vicegerents having their Croun set on by God Psal. 21. 3. But in regard now He doth not by any special Revelation determine who shall be the Governours in this or that place Therefore He makes this Constitution by mediation of men giving them Rules how they shall proceed in setting them up And seeing by the Law of Nature He hath enjoined Government to be but hath ordered no particular in it with application to singulars He hath committed it to the positive transaction of men to be disposed according to certain General Rules of Justice And it must needs be so for 1. without this Constitution either all or none would be Magistrats if He hath ordained Civil Power to be and taken no order in whom it shall be or how it shall be conveyed any might pretend to it and yet none would have a right to it more than another If then He ●ath affixed it to a peculiar having holding by virtue whereof this man is enstated entitled to the office and not that man there must be a Law for Constituting him in Authority which will discover in whom it is 2. If it were not so then a resisting of a particular Magistrate would not be a resisting of the ordinance of God if a particular Magistrate were not Constitute of God as well as Magistracy is Institute of God for still it would be undetermined who were the Power and so it would be left as free Lawful for the resister to take the place as for the resisted to hold it the institution would be satisfied if any possessed i● therefore there must be Constitution to determine it 3. No Common Law of Nature can be put into practice without particular Constitution regulating it That Wives Children oune their superior relations is the Law of Nature but there must be such a relation first fixed by humane transaction before they can oune them there must be Marriage Authorized of God there must be Children begotten and then the Divine Ordination of these relative duties take place So the Judges of Israel for 450 years were given of God Act. 13. 20. not all by an immediate express designation but a mediate