Propositions and Principles of Divinity Disputed, Section 78
PRINCIPLES CONCERNING THE MAGISTRACIE. LXXVIII.
WEE HAVE HITHERTO SPOKEN CONcerning that gouernment, which is properlie ſpirituall and meerelie Eccleſiaſtick: it followeth that wee now deale with that which is directlie Ciuill.
1 SEing Eccleſiaſticall diſcipline, doth according to the word of God alone take order with offences; and that there are manie ſtubborne and obſtinat perſons to be found, who cannot be drawne vntounto the way, by anie admonitions or cenſures of the Church, either in regarde of pietie, or yet of common quietnes: an other remedy was to be prouided, whereby this vntamed & brutiſh vnrulines of men, might be healed.
2 This remedie is in their hands, vntounto whome a kinde of ſupreame power hath euer ſince the beginning of the world, bene aſcribed: and in whoſe power the ſoueraigne gouernment hath bene alwaies in making of thoſe lawes, wherby the ciuill ſocietie of men ſhould be maintained.
3 It is manifeſt by the common conſent of men, (who hauehave rightlie judged that good lawes and their maintainers and defenders, hauehave bene the worke of Gods Prouidence) that this Ciuill power was not iuſtituted by men, for the hurt of man; but ordained by God for the preſeruation of mankind, in ſuch ſort, as the Lord doth vouchſafe Magiſtrats to be called ELOHIM, that is, Gods.
4 Of theſe formes of gouernments, there are reckoned vp three ſorts eſpeciallie: a Monarchie, which is the gouernement of one aboue the reſt: an Ariſtocracie, where many of the nobilitie & beſt ſort hauehave the gouernment in their hands: and a Democratie, where the ſame conſiſteth in the power of the whole people.
The Anabaptiſts therefore are to be deteſted, who deſpiſe al gouernmēt, & ſpeake euil of the ſuperior powers vnderunder the pretence of a kinde of imaginarie perfection, which ſtādeth not in need of the gouernmēt of any mā. Their cauill is alſo friuolous, wherby they goe about to proue, that we can hauehave no vſe of the Magiſtracy, becaus we acknowledge Ieſus Chriſt for our Lord and King, by whoſe ſpirit we are led: wheras the inward power which the Lorde exerciſeth by the vertue of his Spirite in the conſciences of his children, doth not onlie exclude that outward dominiō which belongeth vntounto the Magiſtrate as vntounto Gods Liuetenaunt, but doth eſtabliſh the ſame.
5 We affirme that the dutie of the Magiſtrate dooth extend it ſelf vntounto both the Tables of Gods law, or as the Apoſtle ſaieth, that it is their dutie to prouide that their ſubjects may not onlie liue peaceablie, but alſo religiouſly, But in a diuers reſpect and manner.
6 For in reſpect of the firſt Table, it is vnlawfull for the Magiſtrates to inuent anie lawes touching Religion: but their dutie is to ſee that the worſhip of God, be vnderſtood and practiſed by their ſubjects; as it is fullie ſet down in the ſacred bookes of both the Teſtaments, which hauehave bene written by the Apoſtles, Prophetes, and Euangeliſts.
7 The Magiſtrates alſo are bound (if neceſsitie ſo require) to compel ſuch as are in the Eccleſiaſtical function, vntounto the godlie and carefull performance of their dutie: & they are much more bound to puniſh blaſphemers, and ſuch as either broach haereſies, make a departure from the Church by ſchiſmes, or brieflie doe anie wiſe endeuour to ouerthrow the truth of the Goſpell: together with thoſe, who will not ſuffer themſelues to be called into the right way, by the Cenſures of the Church.
8 And if anie controuerſie doe ariſe concerning the truth of doctrine, vntounto the appeaſing wherof, an extraordinarie meeting of the Paſtors & the Doctors of the Church ſeemeth needfull: It is the dutie of the Magiſtrate to call a Synode, to gather the Miniſters together thereunto, and to ſee that the whole controuerſie bee decided according to the holie Scriptures: and being decided, that it bee extinguiſhed and vtterlie put out.
The Pope therefore dooth thruſt his ſickle vntounto other mens corne, who doth licentiouſlie arrogate vntounto himſelf, this power of ſummoning Councels at his owne pleaſure, which was in times paſt juſtlie exerciſed by the godlie Emperours and Kings.
9 Now, touching the ſecond Table; the Magiſtrates are to ſee, that by their juſt lawes, they be the protectours and defenders of publick innocencie, modeſty and tranquillitie, that they maintaine the good from the injuries of the euill men, and vphold by their help and power ſuch as are oppreſſed: brieflie that they hauehave a regard of the cō mon goods of all their ſubjects.
10 This cānot be performed by them, except they be endued with power & might: wherfore they are to be armed with the ſword, to the end that they ſuffer not thoſe ſins to remaine vnpuniſhed; which God, and the behoofe of the Common-wealth require to be puniſhed.
11 Hence alſo wee vnderſtand, that when neceſsitie ſo compelleth them, and when they cannot otherwiſe defend the Dominions committed vntounto their gouernement, they may lawfullie proclaime warre, both that they may thereby keepe vnderunder the ſeditious practiſes of the vnbrideled Domeſticall diſturbers of the common peace and quietnes, and deliuer their Dominions from the inuaſions, or anie other the attempts of their forraine enemies.
12 For the vpholding of this burthen, they may lawefullie require tributes and ſubſidies of the people, whome they gouerne: The annuall reuenues furthermore, whereby the Magiſtrates doe maintaine the honour, and magnificence of their daily port and traine (beeing thinges in ſome ſort joyned with the dignitie of the Gouernement, which they beare) are to be paied vntounto them.
13 It is their dutie alſo, to publiſh the lawes and edicts which ſeeme neceſſarie for the right gouernment of the ciuill pollicie, according to the circumſtances of time, place, and perſons.
14 No vnchāgeable rule of theſe laws, by reaſon of the varietie of circumſtances can be ſet downe, ſaue onelyonly this one; namely, that they be leaueled and directed vntounto Gods glorie, and to the good of the ſubjects.
Wee doe therefore condemne thoſe cuſtomes, lawes, and conſtitutions, which decline from this aeternall rule of the honour of God, and louelove towards our neighbor, and do permit, either theft, ſtewes, or any ſuch monſtruous diſorders, and wee accounte them for ſuch conſtitutions, as vntounto whome no obedience is to bee yeelded.
15 Yet we hold it not in any caſe lawful, for priuat men to riſe againſt their Magiſtrates, though neuer ſo great tyrants, for that is a far different thing, frō refuſing to yeeld obedience vntounto impious or vnjuſt lawes.
16 It becommeth Chriſtians, leaſt of all other men to be contentious; yet notwithſtanding they are not forbidden, when other meanes will not preuaile: either to craue their aid, or to defend their right before the Magiſtrates, thogh the verie enemies of true religion, as far as they may doe the ſame without giuing of offence; ſo that it be done alſo with an vpright conſcience, & a mind void of al guile, reuenge and euill affection.
They are deceiued therefore, who thinke it vnlawfull, that Chriſtians to ſeek and maintain their right by ciuil Pleas, and to craue the helpe of the Magiſtrate.
17 All men, of what age, nation, ſexe, or condition ſo euer they be, are bound without exception, to be ſubjects vntounto this ordinance of man; not onelyonly for feare of puniſhment, which the lawe doth inflict, but euen for conſcience ſake, as the Apoſtle ſaith, who commaundeth vsus to make praier for all Magiſtrates without exception.
Rebellious and ſeditious therefore, is the Papiſticall Cleargie, who vnderunder the colour of certaine counterfeit immunities, hath preſumed to with-drawe the necke from the yoke of the Magiſtrate.
18 Yet is it the duetie of the ſuperiour powers, (of which ſort, are the ſeauen electors in the Romain Empire, and the ſtates of kingdomes in all monarchies,) to reſtrain all furious tyrants; which thing if they doe not performe, they ſhall yeeld an account of their treacherie in the preſence of God.
19 As often as the Magiſtrate commandeth any thing, that is repugnant either to the worſhip which wee owe vntounto God, or to the louelove which we owe vntounto our neighbour, wee cannot yeeld obedience therevnto with a ſafe conſcience. For as oft as the commaundement of God and men are directlie oppoſed one againſt another, this rule is to be perpetuallie obſerued, that it is better to obey GOD then men: but yet ſo, as no man is to paſſe the boundes of his calling, as is ſet downe in the fifteenth Principle of this head.
Defended by IOHN IOBERTVS of poictiers.