Exposition of the Moral Law, Book 2 · Commandment 5 · Exercitation 12
EXERCITAT. XII. Of the duties of the ſubjects to their King. Commandement. V.
Rom. 13.2. Whoſoever reſiſteth the power, reſiſteth the ordinance of God.
WE have ſpoken of the combination in the family, now wee come to the combination in the polity, betwixt ſubjects and their Prince.
As children are bound to honour their parents in the family, ſo are ſubjects to honour their King in their politie. The duties of ſubjects to their Prince are firſt, to honour him; ſecondly, to be ſubject unto him; and thirdly, to be obedient unto him.
Firſt, to honour him, and to have an inward reſpect unto him; for his callings ſake; not onelyonly for his gifts of bodie or minde, but becauſe hee is Gods lieutenant and deputy upon the earth here: Chriſt ſaid, That hee who receiveth a Prophet in the name of a Prophet, ſhall not want his reward, Matt. 10.41. that is, if we reſpect him as hee is a prophet onelyonly, and for no other reſpect: ſo the ſubjects when they honour their King, onelyonly becauſe he is their king, and for no by reſpect, then they honour him rightly.
Kings are to have their due ſtyles.From this inward reverence and eſtimation they are bound to give him his due ſtiles and titles; they are called the breath of our noſtrils, Lament. 4.11. So the ſhields of the earth. Pſal 47.9. And lapides ſanctitatis, Lament. 4.1. and Vectes, the barres, Hoſ. 11.6. For as the barres carried the arke, ſo doe they the weight of the common wealth, and they are called foreign, Act. 1.23. and foreign, Luc. 22.25. The higheſt titles and ſtiles belong to God onelyonly; titles in the ſecond place belong unto the angels who are Gods miniſters; they are called Thrones, dominions, principalities, and powers, Coloſſ. 1.16. and in the third place belong to Princes who are Gods deputies; ſubjects muſt not give that to their prince which is due to God, as when they ſaid to Herod, Num. 12.8. Wherefore then are ye not affraid to ſpeake againſt my ſervant againſt Moſes. Sol. larch… marketh upon this place, hee ſaith not againſt my ſervant Moſes, but againſt my ſervant againſt Moſes: againſt my ſervant, although hee were not Moſes: Againſt Moſes my great ſervant, ſeing he is both my ſervant and my ſervant Moſes, how can ye ſpeake againſt him? ſuch a ſpeech is that Gen. 21.10. He ſhall not be heire with my ſonne with Iſaac, hee ſhall not be haire with my ſonne, who am a free woman; nor with Iſaac who is the child of promiſe.The voice of a god and not of a man, Act. 12.22. Wee muſt not give them that which belongeth unto angells; their higheſt titles are to be called Gods upon earth, and to reſemble the angels, Thou art wiſe as an angell of God, 2. Sam. 14.15. therefore to ſpeake diſdainfully of them, as the Iſraelites ſaid, What portion have wee in David? neither in the ſonne of Ieſſe, 1. King. 12.15. that is a great ſinne; it is a ſinne to curſe him in their bedchamber, for a bird of the aire ſhall carry the voice, and that which hath wings, ſhall tell the matter, Eccleſ. 10.2. But the greateſt ſinne to raile publikely againſt him, Thou ſhalt not curſe the ruler of my people, as Shimei did David, 2. Sam. 16. Thou ſhalt not curſe the ruler of my people; hee is the father of the commonwealth, and a man muſt not curſe his father and his mother, for then hee is to die the death: the king is the light of the body, and hee that toucheth him toucheth the apple of his eye: Wee muſt ſpeake of princes foreign or foreign, that is, either briefly or ſweetly.
So to give hom…ge to them, to kiſſe them, 1. Sam. 10. Samuel kiſſed Saul; this was called oſculum homagij, the kiſſe of homage; David alludes to this, Pſal. 2. Kiſſe the ſonne it was their manner, that others did not kiſſe the King himſelfe, but they laid their hand under his hand, and then kiſſed their owne hand, thus did Solomons brethren to him, but the inferiours laid their hand under his thigh, and then bleſſed it, Gen. 24. and the Ethiopians uſe to doe unto this day as R. Abraham teſtifieth.
That wee may the better take up what honour is due to Princes, let us conſider Pſal. 82. who endited this Pſalme? it was the Lord: who wrote it? it was Aſaph: againſt whom was it directed?foreign it was directed againſt evill Iudges, Verſ. 5. They know not, neither will they underſtand, they walke on in darkeneſſe, and all the foundations of the earth are out of courſe: yet marke what hee ſaith of theſe Iudges: Ye are gods, and all of you are the children of the moſt high; If theſe be called gods whom he reproves ſo ſharpely for neglect of their dutie, how are they then to be reguarded, as the children of the moſt high, who accept not the perſons of the wicked? Verſ. 2. Who defendeth the poore and fatherleſſe, Who doth juſtice to the afflicted and needie, and riddeth them out of the hand of the wicked, verſ. 4.
Subjects owe to their Prince another ſort of honour, to honour them with their goods, as wee are ſaid to honour God with our ſubſtance, Prov. 3.9. So ſhould we honour the Prince with our ſubſtance;Aſconius. Cenſus Vectigalis. Canonis. Capitationis. there was a threefold tribute which they payed to the king of old: Cenſus vectigalis, cenſus canonis, & cenſus capitationis. Cenſus vectigalis was the tribute or cuſtome which he got of ſtrangers;foreign peculium. Cenſus canonis was the kings ſet rent, or his Segulla; and Cenſus capitationis was the pole mony which they payed unto him head by head, Act. 22.26. Paul ſaid, I bought it with a great ſumme foreign: becauſe this ſumme was gathered head by head, 1. Sam. 10.27. but the children of Belial ſaid, How ſhall this man ſave us? and they deſpiſed him, and brought him no preſents: but ſuch as the Lord touched their hearts brought gifts to him: if they be called the children of Belial who offered no gift to the king, much more are theſe the ſonnes of Belial who refuſe to pay, that which is due unto him.
The ſecond duty of the ſubject to their Prince is ſubjection, they are to ſubject themſelves to the Prince, becauſe his government is the ordinance of God.
How is magiſtracie called the ordinance of God, Queſt. ſeing Peter called it an humane ordinance, 2. Pet. 2.13. Submit your ſelves [foreign] to every ordinance of man.
It is the ordinance of God, Anſw. How magiſtracie is both called a divine ordinance, and an ordinance of man.becauſe God hath appointed Princes to rule, Prov. 8.16. By Mee Princes reigne, but it is called an ordinance of man, becauſe the ſeverall formes of government are not from God immediately, but they may be added by mans diſcretion according to times, places and perſons: but it is not ſo in the miniſterie, for as the originall of it is from God, ſo are the number of the offices ſet downe in his word.
In the civill adminiſtration hee uſeth the naturall ſenſe and reaſon of man, left in man after the fall, to rule and to preſcribe lawes, except onelyonly in the lawes of Moſes policie; but concerning Church policie, the Sonne of God out of his owne mouth preſcribeth lawes to it.
Magiſtracie is an humane ordinance ſubjectivè, becauſe men are the ſubject of it; ſecondly, objectivè, becauſe it handleth humane affaires; and thirdly, foreign in reſpect of the end, for it was inſtituted for the good of man.
When wee ſubmit our ſelves to the authority of the Prince, and to the authoritie of the Church, Queſt. what difference is there in theſe two ſorts of ſubmiſſion.
The authority of the Prince, Anſw. differreth much from the government of the Church, becauſe this government praeſt imperio ſuo, but Church men praeſunt legatione aliena, as they are Embaſſadors from the Lord, Priores ſem per obtinent dignitatem, hi in cauſa legationis tantum, and ſo we are to obey them onelyonly.
Queſt. Anſw. Whether is the King above his ſubjects or not?
Wee muſt diſtinguiſh here betwixt the Kings perſon and his calling; the kings perſon is but one, and his ſubjects are many; but if wee ſhall conſider the Kings calling, he is above the people, 2 Sam. 18.3. Thou art worth ten thouſand of us.
Ob. How is it ſaid then, 1. King. 12.7. If thou wilt be a ſervant to this people this day, and wilt ſerve them, and anſwer them?
Anſw. The word ſervice how it is taken.The word [ſervice] is not taken properly here, but onelyonly thus, if thou wilt yeeld to them in ſomethings, and therefore 2. Chr. 10.7. it is ſaid, If thou wilt be kinde to this people, and pleaſe them, and ſpeake good words to them: here hee explaineth what hee meant by that, If thou wilt ſerve them, that is, to deale kindely with them.
Humane lawes are to be obeied when they are ſubordinate to the law of God.Wee obey the Prince when wee obey his lawes, for Princes lawes when they are right, are derived from the eternall law; for even as the ſecond cauſes bring forth their naturall effects, becauſe they are ſubordinate to the firſt cauſe; ſo humane lawes are to be obeyed when they are ſubordinate to the law of God, By mee kings reigne, Prov. 8.16. So Ioh. 18. Thou ſhouldſt have no power except it were given thee from above; this obligation dependeth not from the will of man, but from the firſt cauſe, the power of God; therefore who reſiſteth the power, reſiſteth the ordinance of God, Rom. 13.2. So Num. 16.11. What are wee? ye have not murmured againſt us, but againſt the Lord.
Queſt. When the Prince commandeth the ſelfe ſame thing which is commanded by the law of God; is there but one ſinne when the law is broken here, or more ſinnes?
Anſw. Whether the breach of Gods lawes and the Princes lawes be one ſin.The law of the Prince bringeth in a new obligation; the breach of the firſt law is iniuſtice, and the breach of the ſecond law is diſobedience.
Whether doe lawes of Princes bind the conſcience? Queſt.
They bind not the cōſcience primariò & per ſe; becauſe he only who can puniſh the ſoule, Anſw. can bind the ſoule & Gerſom uſeth this cōpariſon.The lawes of the Prince bind not the conſcience primario & per ſe. Whē a Phyſitian preſcribeth to his patient to eat no poyſonable meat, if he ſhould eat of it, he ſinneth not here primariò, becauſe he breaketh the Phyſitians cōmand; but becauſe this is forbidden, in the ſixt commandemēt, Thou ſhalt not murther; & as the ſoule is ſaid to be in a place per concomitantiā, becauſe it is in the body which is properly in a place:Simile. So the lawes of men are ſaid to bind the conſcience per concomitantiā, becauſe they depend upō the law of God; & they are agreable to it, which primariò & per ſe bindeth the cōſcience.
Whether doth a mans conſcience bind him more, Queſt. or the commandement of his ſuperior?
His conſcience bindeth him more than the law of his ſuperiour. Let every ſoule be ſubject to ſuperior powers, Anſ. Rom. 3.1.and the commadement of the ſuperior looſeth the commandement of the inferior.
The conſcience hath none directly aboue it,Whether the conſcience or the commandement of the ſuperior bind more ſtrictly, but God only, but a magiſtrate may have ſome other above him, the conſcience being the immediat deputy of God muſt bind more ſtrictly than the commandement of the magiſtrate, who is but mediately ſet under God. But here we muſt learne to put a difference betwixt theſe things which are indifferent in themſelves, and theſe things which are ſimply forbidden or commanded. In theſe things which are indifferent we are more bound to follow the cōmandemēt of the magiſtrat, than our own cō ſciences; but in theſe things which are good or evill in themſelves, we are more bound to follow our conſcience in ſhunning of the one, & following of the other, than to the cōmandemēt of the magiſtrat. Againe obſerve a difference betwixt ſubiection and obedience,A difference betwixt obedience and ſubjection. there may be ſubiection where there is not obedience, if a Prince ſhould command a thing not lawfull, wee are not to obey it, but yet we are ſtill ſubiect to the Prince; and to teſtifie thy ſubiection to him, thou muſt diſobey with all reverence. Dan. 3.18. Bee it knowne to thee, O King, that we will not ſerve thy gods, nor worſhip thy golden image which thou haſt ſet up. They refuſed to give obedience to his unlawfull commandements, and yet they ſubmit themſelves moſt willingly, and acknowledge him to be their King.
Queſt. We the ſubiects are ſubiect to the law, and the King is ſubiect to the law, what is the difference then betwixt the Kings ſubiection and ours.
Anſ. How the King is ſubject to the law.The King is ſubiect to the directive part of the law, but not to the coactive part of it. The law is conſidered two wayes, firſt, as it is the rule of juſtice, and the line by which both the Prince and the people ſhould bee guided: The Emperour ſaid well, legibus ſolutus legibus tamen vivit. Secondly, the law is conſidered as an inſtrument which the Prince uſeth for the ruling of his ſubiects: if wee conſider the law in the firſt ſenſe, the Prince is ſubiect to it; but conſider the law as an inſtrument which the Prince uſeth in ruling of the people, in this ſenſe,Simile. hee is not ſubiect to it: a blind man is led by his ſervant, ſo farre as his ſervant leadeth him, hee is not his ſervant, or his inferiour; but conſider the ſervant as an inſtrument ſerving his maſter, although he were never ſo ſharpe ſighted, yet hee is inferiour and ſerveth him.
Obediencia Activa. Paſsiva.The laſt duty is obedience; There is a twofold obedience, active obedience, and paſſive obedience; active obedience when wee obey their commandements, and paſſive obedience when wee ſubmit our ſelves to their puniſhments.
Contrary to this obedience is, quando mendaciter ſe ſubijciunt. Pſal. 18.44. When they yeeld fained obedience: Prov. 24.21. My ſonne feare the Lord and the King, Eſſani what.and meddle not with them that are given to change. Eſſani were called Haſhoni rebels,foreign Rebelles ſeditioſi. they taught the Iewes not to acknowledge the Romans Empire, teaching them that they ſhould be ſubject to none but to God. Prov. 30.29. There are three things which goe well, foreign compoſitum ex foreign et foreignyea foure which are comely in going, a Lyon which is ſtrong amongſt beaſts, and turneth not away for any; a Greyhound, an hee Goat alſo, and a King againſt whom there is no riſing up.
The concluſion of this is, the Iewes ſay,Concluſion. Eſto orans pro ſalute regni, nam ſi non eſſet authoritas publica, vir proximum ſuum deglutiret, ut piſces majores minores: Pray for thoſe who are in authority, for if there were no authority to reſtraine oppreſſors, then the wicked would devoure them that are more righteous then hee, and make men as the fiſhes of the ſea, which have no ruler over them. Habak. 1.13.14.