To this purpose Doctor Ruherfords words are very plaine, Afree Common-wealth, saith he, containes ordines regni, the States that have Nomotheticke power, and they not onely by the law of Nature may use justa tutela, a necessary defence of their lives from a tyrants fury, but also by the law of Nations may authoritatively represse and li∣mit, as is proved by Junius, Brutus, Bucherius, Althasius, Haeno∣mus. Therefore Heming, Amiceus doe well distinguish between Ple∣bem & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, populum: for indeed the multitude (excluding the States) or base of the people, can hardly have another law against ty∣rant, then the law of Nature. But the Common-wealth, including the States of a free Kingdome, hath an authoritative. So Isodore, Origen, Atistotle, Plato, Titus Livius, Plutarch, and that of the Councell of Basil, Plus valet Regnum quam Rex, The Kingdome is more worth then the King, approved by all. Thus farre Doctor Rutherford, pro∣fessor of Divinity in Scotland. The reasons of my position are these:
First, when God gave the power of the Sword to men, Gen. 9 6. he gave it indiscriminatim, without difference, to all the world, Noah and his sonnes being all the men that were then alive in the world; and he gave not the Sword onely to Noah, but to all his sonnes that then were upon the face of the earth; not that every one might ordinarily use it, but that they might, as they thought fit, appoint one or more who might exercise that power that was given to all, as the first seat of it.
Secondly, because the power of ruling and governing is natu∣rall, and what ever is naturall, doth first agree to the communitie, or totum, and afterward to the particular person or part, as the power of seeing and hearing (as Facultas Parisiensis observes to this purpose) is firstly in the man and from the man in the eye or eare or particular member.
Thirdly, because the Fluxus and Refluxus of civill authoritie, is from and to the people: If the authority of ruling in a Com∣monwealth be given by the people to him that ruleth (I speake what is Jure & Regulariter) and returneth to them againe to see