Remains of John Boyse, Sermon 10
ROM. 15. 4.
He is the Minister of God for thy good.
SAint Paul, in the beginning of this chapter, exhorts eueryevery soule to submit himselfe, vntounto the Higher power, vrging this one duty with a three fold reason, arguing.
1. In the first verse, abHonesto, from the commendablenesse, and comelinesse, of his Office, aGerran in loc.both in respect, first of the Person ordeining, there is no power but of God, Secondly, of the thing ordeined, the powers are ordered.
2. Ab Vtili, From the profit that comes thereby. For to resist, is euill: as hee sheweth in the 2. and 3. verse. Malum culpae, whosoeuer resisteth the power, resisteth the Ordinance of God. Malum poenae, they that resist, shall receiue to themselues damnation. For to submit our selues, is good, in the words now read, the Magistrate is the Minister of God, for thy good.
3. A I…cundo, from the pleasure which good men hauehave, by doing good, we must obey for conscience sake, verse 5. the which vntounto the disobedient▪ is a dayly hell, but vntounto such as obey Gods ordinance, a continuall feast.
This our present Text, is part of that argument which is drawen, ab vtili, wherein two poynts are to be considered, especially the Magistrates
Authority, as being the Minister of God.
Vtility, as being ordeined for our good.
Concerning the first, some men ascribe too much vntounto the Magistrate, preferring him aboue God; other on the contrary, too little, not obeying him as the Minister of God.
The Parasites of Princes, attribute too much vntounto their authority, regarding their ordinances more then the Commandements of God; in this respect, a meere Courtier is a strange creature, loosing himselfe in following other: He liueth a great deale by the bread of other, a good deale by the breath of other, oftentimes his clothes are not his owne, his hayre not his owne, his complection and very skinne not his owne; nay, that which is worst of all, his soule, (which as Plato sayd is most himselfe) is not his owne, while he liueth at the deuotion of other. But if it be true, that Magistrates are the Ministers of God, then vndoubtedly, subordinate to God; and so consequently, when higher powers inioyne things against him, which is higher then the highest, it is better to obey God than man. Act. 4. 19. Hic, saith bSer. 6. de verbis. Dom. secund Matth.Augustine, contemne potestatem, timendo potestatem, In that thou fearest Gods power, feare not mans power; obey the Lord temporall, in the Lord eternall: as all power is from God, so for God, and therefore when an earthly Prince commands against an heauenly trueth, it is a Christians duty to be patient, and not agent.
This humouring of the Chiefe Magistrate is a court sinne, properly called, adulatio quasi adaulatio, but countrymen offend also sometimes in giuing too much vntounto the subordinate magistrat: giuegive me leaue to reprehend one fault in this kind, which I hauehave noted in diuerse congregations among vsus, and that is your rising vp in the mids of your religious prayers vntounto God, to performe ciuill obeysance to men of worth, and worship; beloued, there is a time for all things, and a season appointed for eueryevery purpose vnderunder heauen, a time for your deuotions vntounto God, and a time for reuerence vntounto men, a time to fall downe before your maker, and a time to bend vntounto the magistrate. Now what manners is it to neglect Gods owne businesse in Gods owne house, to worship his Minister, in our parts, especially where gentlemen hauehave so learned Christ, as that they neither expect, nor respect any such vnseasonable duty from you.
To leaue those, who giuegive too much vntounto the Magistrate, there be three sortes of people, who giuegive too little.
1. Anabaptists, who deny the very calling of ciuill Magistrates.
2. Papists, who maintaine their calling, but mangle their Iurisdiction.
3. Traytors, in actuall rebellion, who both acknowledge their calling, and Iurisdiction ouer al persons, and in all causes, and yet vnderunder pretence to reforme the Common weale, with-hold their obedience.
Tumultuous cSer Mel…nct. loc. com. tit. de Magistrat… et Bell…r. lib. d… laici… cap ….Anabaptists affirme most absurdly, that the Calling of Magistrates is vnlawfull, and this they seeme to proue by Scriptures, and by reasons: The Scriptures wrested by them, are chiefly two; The first is, Mat. 17. 25. Christ asked Peter, of whom do… the Kings of the earth take tribute or polle money? of their children, or of strangers? Peter sayd vntounto him, of strangers; then sayd Iesus vntounto him; the sonnes are free. The second is, Luke 22. 25, The Kings of the Gentiles reigne ouer them, but it shall not be so among you.
To the first, dCryso. Aretius. Marlorat.Orthodoxe Diuines answere, that Christ in that place, speakes of himselfe, and so prooues directly, that hee needed not to pay tribute, for that hee was the Sonne of a King, yea, the Sonne of God, which is the King of Kings; Hee was not bound by the Law: yet out of his obedience, and louelove, that hee might not offend the receiuers of poll-money, He commanded Peter, to fish for a peece of twenty-pence, saying, that take, and giuegive vntounto them, for mee and thee: And it is well obserued, eAduancement of learning. lib. 2. pag. 41.that Christ neuer did any miracle about honour, or moneys, except this one, in giuing tribute to Caesar, and Mat 22. 21. Hee commands expresly, to render vntounto Caesar, the things of Caesars: and his Apostle, S. Paul, in this Chapter, exhorteth vsus to pay tribute, to whom tribute; custome, to whom custome; honour, to whom honour is due.
To the second place, the Kings of the nations reigne, but yee not so, wee say that Christ in saying so, prohibited neither titles of honour, nor ruling, but only so ruling, that is, such a tyrannous kind of gouernment, as the Gentile Kings vsed, and that ambitious desiring of the same, which reigned in them; and that Christ ought to bee so construed, is playne by three reasons, collected out of the context it selfe.
1. Hee saith, Matth. 20. 25. and Matth. 10. 42. Yee know that the Kings of the Gentiles, speaking of these Rulers, they knew, & they were Tyrants, and oppressours, as fIoh. 19. 4. 16.Pontius Pilat, who condemned Christ an innocent, in whom he found no fault, and gMar. 6. 20. 27.Herod Antipas, who beheaded Iohn the Baptist, (a lust, and holy man, whom hee reuerenced, and in many things heard willingly,) at the request of his Minion; and Herod the great, who had butchered all the male children in hMatth. 2. 16.Bethlehem: and in all the coastes thereof, from two yeeres old, and vnderunder, and out of a pretence, to worship, eagerly, sought to worry Christ in his cradle, Yee know that these kings now reigne, but ye not so, that is, I would not hauehave you so to reigne.
2. Catecurienemi, vsed in Mat. ind Marke signifies, not simply to gouerne, but to tirannize; so Musculus, Erasmus, Aretius, Beza▪ in their annotations, and so the word is vsed in other places, of the new Testament, as namely, 1. Pet. 5. 3. and Acts 19. 16.
3. Christ expoundeth himselfe thus, in the words immediatly following, Let the greatest among you bee as the least, and the chiefe, as hee that serueth, iArd… Muscul. Bucer.As if hee should say, the Kings of the natious, are Tyrants in their gouernment, making mischiefe their Minister, and Lust their law: But I would hauehave you to beare rule, so moderatly, that euen the Soueraigne may behaue himselfe, as a seruant, and the master, as a Minister, I would hauehave Princes among you, to bee k…s 49. 23.nursing Fathers, vntounto the Church; and Prelats among you, to be lEphes. 4. 11.Pastours of my people.
Secondly, the fond Anabaptists, impugning the Magistrats authority, that they might insanire cum ratione, be mad as it were with reason, argue,
1 From examples, affirming, that most Princes abuse their authority to the dishonour of God, and hurt of the common wealth, as Nimrod, Pharao, Nabuchodonosor, Saul, Rehoboam, and that after the diuision of the kingdome, nothing of Israel was good.
Answere is made. 1. That Princes are not generally bad, Adam, Noe, Melchisedech, Abraham, Isaac, Iacob, Ioseph, Moses; I…sua, were men of God, and good gouernours; So were most of the Iudges of Israel, and many Kings of Iuda: Now Christ in the new Testament, (who m1. Cor. 1. 27chose the foolish things of the world, to confound the wise, and the weake things of the world to confound the mighty things, and things that were no… ▪ to bring to nought things that are) suuffered his deare people to bee persecuted by cruell Emperours, for the space of 300 yeeres, that his Church might appeare to bee nIsay. 5. 7.the plant of his owne hand, and not the worke of man, in the Primitiue times, (as oEpist. 50.Augustine notes,) Christ would hauehave that part of the second Psalme to▪be fulfilled, The Kings of the earth stand vp, and the rulers take counsell together, against the Lord, and against his anoynted: But in succeeding ages, another part of the same Psalme, to be verified, Bee wis… now, O yee Kings, bee learned, yee that bee Iudges of the earth; for hee raysed vp Constantine, Gratian, Theodosius, Charles the great, Ludouicus pius, and many moe, (among which I may not forget, Blessed Queene Elizabeth, and our renowned King Iames,) to bee nurses vntounto his Church, by which hee defended his seruants, as it were with a shield, Psalme 47. 9.
2. Though it should bee granted, that most abuse their authority, yet that abuse proues not their calling, either vnlawfull, or vngodly; gluttons and drunkards, abuse dayly, meate and drinke; yet both are the good creatures of God: Heretikes abuse dayly the Scriptures, vntounto their condemnation; and yet the Gospell is the power of God vntounto saluation; adulterers abuse marriage dayly, yet wedlocke is Gods institution and worthy to bee honoured among all men: and though vngodly Princes abuse their Empire, Yet the powers that bee, are ordeyned of God; And in this case, let vsus alwayes remember the saying of Gregory; secundum merita subditorum, disponit Deus corda praepositorum▪ Almighty God, (in whose hand the hearts of all Kings are,) disposeth of them, according to the merits of their people, so that if higher powers be not good, it is for our sinnes, and for our saks, who gouerne our owne families ill, and our persons worse.
3. Bad Princes often benefit the State, more then hurt; for many good Lawes, hauehave bene by them enacted, and many good deeds acted, in the dayes of vsurpers, and impious gouernours.
Finally, it is better to hauehave a bad King, then none; according to that of Solomon, Vbi non est gubernator, corruit populus: Where no gouernour is, the people perish; For whereas in a corrupt Monarchie, there is one Tyrant; in an Oligarchie, some few Tyrants: In a Democratie, many Tyrants; In an Anarchie, all are Tyrants: And it is vndoubtedly, more safe, to liue in a place, where nothing is lawfull, then where all things are lawfull; a bad husband, is better then none; the worst Emperour, is the Minister of God, and if thou be wise, for thy good.
Their second reason is, ab efficiente, from the founder & author of authority; for they maintain, that Magistracie is not ordeyned, & giuen of God, but only vsurped by men; so wee read, that Nimrod, and Nabuchodonosor, and Caesar, by vexing, and oppressing their countrey, became Kings; as a Pirat told pAug. de ciu. Dei lib. 4. cap. 4.Alexander the great, I am called a robber on the Sea; because I sayle in a little boate: but you are called Emperors, because you infest, and spoyle the whole world, with a great Na…ie; the difference is not in our fault, but in our fortune.
To this obiection, answere is made, Prouerb. 8. 15. By me Kings reigne. Dan. 2. 37. The God of heauen hath giuen thee a kingdome power, and strength, and glory: And St. Paul in this present Chap. at the 1. verse, There is no power, but of God; The manner of getting kingdomes, is not alwayes of God, for qR…lam in E… vita.Alexander the 6 obteined the Pope-dome, by giuing himselfe to the deuill; rT…leman in Rom. …3.Phocas, by sedition; got his Empire; Richard the third, came to the Crowne of England by butchering his Nephewes, and other of the blood Royall; Yet the power of it selfe, is euer from God, as Christ told Pilate, thou couldest hauehave no power, except it were giuen thee from aboue; So some kingdomes, in respect of their wicked ends, which vsurpe them, are most vniust, as sVbi Supr….Augustine writes, Latrocinia; Yet in respect of Gods purpose, and prouidence, (who brings light out of darkenesse, and disposeth of wicked men, and wickednesse it selfe, to his good ends) They bee iust and necessary, Salmanazer, Senacherib, Nabuchodonosor, and other Tyrants; oppressing Gods Israel, and leading them into captiuity, did herein offend with an high hand: and yet almighty God, ordered their ambition, and cruelty, to the setting foorth of his greatnesse▪ and to the good of his chosen. And therefore, God sayd of tIere 2…. 6.Nabuchodonosor, that hee was his seruant, and of uEsd. 4 5. 1.Cyrus, that hee was his anoynted▪ whose right he did vphold, to subdue nations before him; and of Ashur, that he was the rod of his wrath. Esay 10▪ ….
Their third reason is taken, ab▪ origine, that one man should hauehave dominion ouer another, was not so from the beginning, in the state of innocency, but after the fall of man, in the state of sinne: God sayd at the first vntounto man, rule ouer the fish of the Sea, and ouer the soules of the Heauen, and ouer eueryevery beast, that mooueth vponupon the earth: He sayd not, exercise gouernment one ouer another; Answere is made, that if Adam had continued in his innocency, yet notwithstanding, there should hauehave beene higher powers, and that is plaine by these three reasons.
1. There should hauehave beene generation, encrease and multiply. Gen. 1. 28. Ergo, Disparity of sexe, necessarily preceding generation, and Disparity of age, necessarily following generation; If disparity of sexe, the woman is subiect vntounto the man, in xBell. l …b de laic… cap. 7.Gubernatione, though his mate, in generatione, the husband is the wiues head▪ as Christ is head of the Church. Ephes. 5. 23. If Disparity of age following generation necessarily, then also Disparity of wit and goodnesse, for euen in that estate, men vndoubtedly, should hauehave bene wiser then children; and some men excelling other in grace: Now the light of nature teacheth vsus, that the young is to be gouerned by his elder, and he which is lesse good, by those which are more good; and hee which is a little wise, by those which are a good deale wise: See Thom: sum: 1. part, quaest 96. art 3.
Secondly, wee say there bee certaine distinctions and degrees of Angels, in the quire of heauen: as reading in Holy Scriptures, of principalities and powers, and thrones, and dominations, and Seraphins, and Cherubins; and Belzebub, is termed Prince of deuils; Matth. 12. 24. Which authority he did not obtaine by sinne, but had in the beginning ouer those spirits that fell with him. If then there bee subiection, and Soueraignty, betweene the blessed Angels in heauen, why should there not hauehave beene the like among men; in the state of inocency?
Thirdly, politique gouernment, is so neessary for mankind; that without it his nature would be destroyed, because man is by nature a yArist. pol. lib. cap. 2.sociable creature, and what society can there be, without order. Beastes are both armed, and clothed by nature, by nature they build their nestes, and by nature they be Physitians vntounto themselues, & by nature, they can liue alone without others company; But man is borne naked, ful of wo, ful of wants not able to helpe himselfe, to cloth himselfe, or feed himselfe, or arme himselfe, so that it is impossible for him to liue alone; the which, his very speech bewrayes: for had hee bin borne to liue solitarily, hee should not hauehave needed any language. Well then if mans nature require societie, doubtlesse society requires gouernment, for what is society, but a multitude well ordered, consisting of some that command, and others that obey.
Thus I hauehave shewed against Anabaptists, and Libertines, that the Magistrate is the Minister of God, instituted by him in the beginning, and to bee continued in his Church, vntounto the worlds end. I come now to the Papists, who although they well allow the calling of the Ciuill Magistrate; yet doe they curtall his power: exempting from his censure, both Ecclesiasticall persons, and Ecclesiasticall causes.
As for the Persons of the Clergie, wee say, with our Apostle, Let eueryevery soule bee subiect vntounto the authority of the higher powers: EueryEvery soule, zAquin. Gorran.that is, eueryevery man, putting the principall part for the whole. So Gen. 46. 27. All the soules of the house of Iacob, which came into Aegypt, are seuenty, that is, as Moses expoundeth himselfe, Deut. 10. 22. Seuenty persons, and aEpist 42. ad frat Seuer.Bernard out of that text, reasoned thus with an Archbishop in France, Let eueryevery soule be subiect, Ergo, yours: I pray, who doth exempt you Bishops, …i qui… tentat excipere, conatur decipere; So Chrysostome, Theodoret, Oecumen, Theophilact, vponupon the place: Clergie men are not excepted, Ergo, not exempted.
Concerning causes Ecclesiasticall, it is auowed and prooued, by bMelanct loc. Co… tit. de ciuil▪ Magistr▪Protestant Diuines, that a King, and eueryevery other supreame gouernour, is Custos vtrius que tabulae, the Lord-Keeper of both tables of Gods Law, that wee may lead vnderunder him a quiet and a peaceable life, in all godlinesse and honesty. cB. Billso… against the Iesuites. pag. 12….We doe not imagine this of our owne heads, we find it annexed vntounto the Crowne, by God himselfe, who when he first gaue his people leaue, to chuse them a King, withall appoynted, that the dDeut. 17. 18. 19.Law, truly coppied out▪ of the Leuites originall, (which was keptin the Tabernacle;) should be deliuered vntounto the King, sitting on his Royal seat, with this Charge, that booke shall remaine with the King, hee shall read in it all the dayes of his life, that hee may learne to feare the Lord his God, & obserue all the words of the Law, written therein, and these statutes to doe them. This was not done, till hee was placed in his throne; so saith the text, therefore this touched not the Kings priuate conuersation, as a man, but his Princely function, as a Magistrate; which stands in commanding other, and not in guiding his owne person; as a man, he serues God one way, sayth eEpist. 50.Augustine, as a King another way; as a man in ordering well his own life, but as a King, in seeing that other liue soberly toward themselues, righteously toward their neighbours, holily toward God.
So that Kings, as Kings, serue God in doing that for his seruice, which none but Kings can do; Well then, if the whole Law were committed to the King, as King, at his Coronation: It is plaine, that the publishing, preseruing, and executing of the first table, touching the sincere worship of God, is the chiefe part of the Princes Charge.
And according to this commission, and authority, the godly Kings of Israel, and Iudah, f2 Kin. 23 4remoued Idols, g2 Kin. 28 4razed hill alters, slew false Prophets, purged the land from all abominations; not sparing the brazen serpent, made by Moses, whē they saw it abused, and by the same power, they caused the h2 Chron. 3. 4 8Temple to be cleansed, the Law to bee read, the Passeouer to be kept, the Leuites to Minister … 2 Chron. 35 1.in their courses, inuented by Dauid, and by the same power, k1. Kin. 2. 35.Solomon deposed Abiather the chiefe Priest, and set Zadock in his roome.
And of the Christian Church, it is sayd, Esay 49. 23. Kings shall bee thy nursing Fathers, and Queenes thy nursing mothers. And it is apparant, that Constantine, Iustinian, Charles the great, and many moe religious Princes, enacted Ecclesiasticall lawes, and were super-visors of the Bishops, in their seuerall Empires: For although a King may not administer the Sacraments, or preach the word, or execute the Ministers office, de facto; Yet as lConfess. Anglican. art. 37. and Admonit. to simple men. annexed to Qu. Eliz Iniunc.our diuines hauehave determined, it belongs to the Kings cure, de iure, to see that all things concerning Gods holy worship, should bee done in the Church orderly, vos intra, sayd mEusob. in eius vita lib. 4. cap. 24.Constantine the great, to his Bishops, ego autem extra ecclesiam, à Deo Episcopus constitutus sum.
The last enemies vntounto ciuill Magistrates, are such as arme themselues, and stand in actuall rebellion against authority; For whatsoeuer faire pretence, of doing good, traytors may seeme to hauehave, the State, doubtlesse, is in a miserable case, when as commotioners are become commissioners, and cōmon woe named common wealth, and a Ket obeyed more then a King: Rebels are like a Bile in a body, or like a sinke in a rowne, gathering together all the nastie vagabonds, and idle loyterers, to warre with almighty God, and his lieurenants, and so being a beast of many heads, they place treason aboue reason, and make might to rule right; If thy gouernour bee good vse him as thy nursing Father, If bad, commanding as a Tyrant, that which is euill simply, take vp against him a buckler, and not a sword, obey ferendo non feriendo, suffering the payne, not resisting the power, impetere or competere, are both vnlawfull; albeit Kings deface in themselues, Gods first Image, in their owne soules, yet no man hath leaue to deface Gods second Image, imprinted in their name iudelibly; Hitherto touching the Magistrates authority, now for his vtilitie.
For thy good, Higher powers are protectours of Gods Church, ordeined for our temporall good, and spirituall good, and so consequently, for our eternall good, all which our Apostle sheweth in his 1. Epist to Timothie. Chap. 2. verse. 2. Pray for Kings, and for all in authority, that wee may lead a quiet and a peaceable life, in all godlinesse and honesty: our temporal good consists in a quiet and a peaceable life; our spirituall good in godlinesse and honesty, so that Magistrates are called of God, to be Iustices of the peace, for our temporall good; and defenders of the faith, for our spirituall good.
Concerning the first, holy writ mentioneth a two-fold peace: to wit, an inward peace, which is the peace of conscience, proper onelyonly to the Church, and not commonicable to the world, for there is no peace to the wicked, saith my God; and an outward peace, which is common vntounto both: and therfore the Lord sayd to his people, whom Nabuchodonosor had carried away captiue from Hierusalem, to Babel, seeke the prosperity of the city, whither I hauehave caused you to bee carried away captiue, & pray for it, for in the peace therof, you shal hauehave peace.
This owtward peace may bee disturbed, either by Domesticall enemies, or by forreine foes, as our Apostle sayd, in another case, n2. Cor. 7. 5.fighting without, and terrours within: In respect of oAquin in 1. Tim. 2. l…ct. 1. Idem. Aretius.intestine iarres, vnderunder the gouernment of Princes, we lead a life, a life which is quiet, and in respect of forreine wars, vnderunder the gouernment of Princes, wee lead a life, which is peaceable; a Prince protects the persons of his subiects, from murtherers, and the goods of his subiects from theeues, and the good name of his subiects from li…ellers, and slanderers, hee beares not the sword for nought, but is the Minister of God, to take vengeance on such as are disturbers of his subiects quiet, aagainst his Crowne and Dignity.
Now that a Christian Magistrate, may put to death a traytor, a murtherer, and other notorious offenders; we proue, first by the Scriptures, secondly by the Fathers, and thirdly by reason.
The Scriptures afford precepts, and examples hereof afore the Law, vnderunder the Law, and after the Law: before the Law, Gen, 9. 6. Who so sheddeth mans blood, by man shall his blood be shed. The which is not a meere Prophecy, that eueryevery murtherer should come to mischiefe, but a pHugo Card Dionys. Carthusian. Vatablus. Tre…lius. S…. in loc vide Gibbons in Gen. 9. disp. 4.plaine precept; that the Magistrate, being armed by Gods authority, must execute such a bloody malefactor; And we read a patterne hereof, in the 38. of Gen: verse 24. Iuda sayd, bring her foorth, and let her be burnt. Where Iudah as qBellarm de l…is. c. 13. et Rabbi P… lus apud Carthu in loc.some conceiue, being a Patriarch, and head of his family, did adiudge that Thamar his daughter in law, which had played the whore, should be burnt for her fault: or rAqu…n Cal. Tremelius.(as other) he required that shee should be brought before the Iudges, sitting in the gates of the city, that they might condemne her to dy.
VnderUnder the Law, there be many precepts in this kind, recorded in one chapter, as Exod. 21. Hee that smiteth a man, and hee dye, shall dye the death; he that smiteth his father, or his mother, shall dye the death; hee that killeth a woman with child, shall pay life for life. Now Moses, Iosua, Samuel, Dauid, and other good gouernours, executed these lawes vponupon their delinquent subiects, and ye know that Naboth accused by two false witnesses of blasphemy, was by Queene Iesabels art, and King Ahabs authority stoned to death; and the Scribes and Pharisees, hauing taken a woman in adultery, brought her vntounto Christ, and said, that she should be stoned to death, according to the Law.
When Christ himselfe was come, which is the end of the Law, he gaue this absolute determination, sMat. 6 52.All that smite with the sword, shall perish with th… sword. The which cannot be so well expounded, as thus, tSee Ma…lorat and Maldonat in loc.hee that strikes with the priuat sword of reuenge, shall be punished with the publique sword of Iustice, for the publique sword of the Magistrate, was at that time drawen out against Christ; and therefore Peter ought to uAretius in loc.put vp his priuat sword of reuenge, and obey the higher powers.
2. We proue this doctrine, by the iudgement of the most ancient, and Orthodoxe fathers, Augustine writes. Lib. de Ciuitate Dei, chap. 21. That publique persons in authority, (when as according to the Iust courses of law, they sentence malefactors to death,) offend not against the precept, thou shalt not kill, and in uLib. 22 contra Faustum. cap. 70.another place, repeating the words of Christ (all that strike with the sword, shall perish with the sword.) He doth explaine them thus: Such as vponupon their owne authority, strike with the sword, shal perish with the sword; But if God put a sword into their hand, then they may, yea then they must strike; for Princes punish malefactors with death, not as masters of their liues, but as Ministers of God, and it is not in them any murther, but an act of Iustice.
xCa… 32. in Matth.Hilary writing vponupon the same words of Christ, maintaineth also that it is lawfull to kill, in two cases especially.
1 In our owne Iust necessary defence.
2 When we are called to Magistracie.
S. Hierome in his commentary vponupon the words of Ieremie, Chap. 22. 3. Execute yee iudgement and righteousnesse, doe no violence, nor shed innocent blood in this place; saith expressely, that the putting to death of homicids, witches, sacrilegious persons, is not effusion of blood, but execution of right.
Lastly, wee proue this assertion, by reason and common experience; for an husbandman pruneth idle twigs, and luxurious branches, which hinder the growth of his vine; and the chirurgeon cutteth off a rotten member, which otherwise would infect the whole body: So the Magistrate being the great husband and Physitian of the State, may destroy some corrupt part, for the preseruation of the whole: yBer… Epist 102.Melius est vt pereat vnus quam vnitas, in the wordes of our common law, better it is to suffer a mischiefe, then an inconuenience; More safe, that one should be ruinated in his particular, then the whole kingdome in conue…ienced in the generall: And the sword of an officer thus vsed, is not (as zContr literas Petiliani▪ lib. 3. cap. 4.Augustine speaks,) Ferrum inimici vulnerantis, sed medici sanantis.
Yea, but if Christ will hauehave mercy, Mat 9. 13. How may Christians execute Iustice? Answere is made, that Christ in that place, speakes not of publique Iustice, but of priuat behauiour, now then, albeit a Magistrate bee neuer so mercifull in his owne cause, yet is he in his office, the Minister of God, to take vengeance on him that doth euill, and there is a pity, which is cruell, and a Iustice, which is merciful, aBalbi… vti. R…sner. in Symbol.optimum miserecordiae genus, nocentes occidere, It is in a Prince, the best kind of mercy, to put a few notorious offendors to death, that all the rest vnderunder him may lead a quiet life.
Concerning a peaceable life, Princes are protectours of their Realmes, against all forreine forces, bMuscul. Loc. Co…. … a… Magistr▪ l…t. 7. et Cal…. Iust…t. lib. 4. cap. 20.as they beare the sword of Iustice to defend their people, from all domesticall desturbers of the peace: So likewise the sword of war to defend their people from all forreine foes, inuading their lands, and encroching vponupon the liberties, of their kingdomes. For albeit the cAug. Contr. Faustum. lib. 2…. cap. 74Manichees in old time, and dApud Melancton loc. Com. t…t. de Magistratu.Anabaptists in our time, hauehave thought it vnlawfull, for Christians to bee warriours, yet all Orthodox diuines, hold the calling of souldiers, to be both honest, and honorable, and this they prooue, by concluding arguments, out of the Scriptures, and Fathers.
God in his word, giueth vntounto souldiers, not a Commission onelyonly, but a commendation also, bidding them to fight, and blessing them in lawfull warres, a Commission is granted. Iudg. 3. 1. These are the nations which the Lord left, that hee might proue Israel by them, euen as many of Israel, as hauehave not knowen the warres of Canaan, onelyonly to make the generations of the children of Israel▪ to know, and to teach them warre: and 1. Sam. 15. verse 2. 3. Thus saith the Lord of hostes, I remember what Amalek did vntounto Israel, now therefore goe, and smite Amalek, and destroy ye all that apperteineth vntounto them, hauehave no compassion on them, but slay both man and woman, both infant and suckling▪ both oxe, and sheepe, both Camell, and Asse. But a more generall, and expresse Commission, is deliuered, Ecclesiast▪ 3. 8. There is a time of warre, and a time of peace, there is no season alotted, for any wicked act, because we must serue God, in holinesse, and righteousnesse, all the dayes of our life, warre then ha…ing an appointed time, must of necessity be good, and so Iust warres, are stiled often in holy …cripture, the e1. Sam. 25. 28. 2. Chro. 20. 15.battels of the Lord: And God pre…bed in his law, diuers Military rules, as Deut. …0. 1. When thou shalt goe foorth to warre against th…e …mies, and shalt see horses, and charets; and people▪ … then thou, be not afraid of them: for the Lord thy … ▪ is with thee, who brought thee out of the land of Aegypt and Numbers 10. 9. When yee goe to warre, yee shall blow an alarum with the trumpet: and Num. …1. 2. Harnesse some of you to warre, that ye may execute the vengeance of the Lord, against Midian, and verse 27. Diuide the prey betweene the souldiers, that went to warre, and all the congregation. And Dauid in the 144. Psalme. verse 1. Blessed be the Lord my strength, who teacheth my hands to warre, and my fingers to fight. fLoc. Com. Class. 4 1. cap. …6.Peter Martyr, biddeth vsus obserue the great Emphasis, in the pronoune, my, manus meas, my hands and my fingers, because Dauid was a man according to Gods owne heart.
The gApud Mart. et Melanct. vbi supra.foolish Anabaptists, obiect here, that God indeed granted that license to the Iewes, but hee denied it vntounto Christians, and answere is made, that Iohn the Baptist, who prepared the way for Christ, allowed the calling of souldiers, for when they did aske him. Luke 3, 4. What shall wee doe, he did answere, Do violence to no man, neither accuse any falsly, and be content with your wages: Where hAretius, Calu…, Martyr, Mala…tDiuines obserue generally, that Iohn approued the vocation of souldiers, and condemned only three foule abuses in war, Violence, Calumnie, Couetousnesse, as iSer ad …sletes Templ…. cap. 3.Bernard sweetly; contentos fore suis stipendijs indixit, non omnem militiam interdixit, Hee sayd in his exhortation, a little before, bring forth fruits worthy amendment of life; Now then, either he was a deceiuer, or else souldiers continuing in their calling may bring foorth good fruits, and escape the wrath to come.
According to this Commission, the Saints of God hauehave warred, and obteined prayse for the same▪ being renowned, because valiant in battell, Heb. 11. 34. As Abraham, Moses, Iosua, Gideon, Samson, Dauid; and Naaman the Syrian is Chronicled, for his fortune, and fortitude in warre; Fortune, because he was the deliuerer of his countrey, Fortitude, because hee was a mightie man in valour. 2. Kings 5. 1.
And in the New Testament, when the Centurion sayd vntounto Christ, I hauehave souldiers vnderunder mee: Christ Highly commended his great faith, but in no sort condemned his fashion of liuing; and act▪ 10. Wee read of Cornelius a Captaine, who was a deuout man, and one that feared God, with all his houshold, who gaue much almes, and prayed vntounto God continually: neither did St. Peter, who shewed him the way to saluation, in Christ, any way dislike his office, but, on the contrary, protested that he was accepted of God.
It doth not follow, which is obiected by kMachiauel.some Polititians, that because the religion of Christ teacheth peace, therefore it is vnfit for warre, and because it perswadeth patience, therefore it makes men cowards; for howsoeuer the first building of the Temple, was without the noyse of any iron toole; to signifie that it should bee the house of peace: Yet in the second, (as it is reported, Neh…miah 4. 17.) They built with one hand and held their swords in the other, to shew, that in a good cause, it should not be vnlawfull for to fight, and warre.
Nay, the Lord of hostes, vsually giues a blessing to Iust warres, as when Abraham returned from the slaughter of the foure Kings, Melchisedec King of Salem, and a Priest of the most High God, blessed him and sayd, Blessed be the most High God, possessour of heauen and earth, which hath deliuered thine enemies into thine hands. At the prayer of Moses, Israel preuailed against Amalek, when Duke Iosua, fought at Beth-oren, the Lord cast downe great stones, from heauen, vponupon his enemies, and they were moe, who dyed with the hailestones, then they whom the children of Israel slew with the sword, and when hee was about to sacke Iericho, an Angel appeared vntounto him, as a Captaine, with a drawen sword, to fight for him Iosua. 5.
In Ecclesiasticall hystorie, wee find that God, by miracles, euidently shewen in the heauens, encouraged lEus…b. l. …. c. 9.Constantine the great, to fight; and that the Angels fought for mSecrat lib. 7. cap. 18.Theodosius the yonger, against the Sa…acens; and that Honorius army was so blessed by the Lord of hostes, against Rhadagaisus, King of the Gothes, that not so much as one Romane was killed, or wounded, whereas nAug de ci…. Des. l…b. 5. c. 23.one hundred thousand of the Gothes, were discomfited.
To the Testimonies of holy Scripture, wee might adde the sayings of the most ancient, and learned Fathers, Tertullian in his oCap 4….Apology, told the Gentiles, Nauigamus et nos vobis…um, et militatamus, &c. We Christians are Sea-men, and souldiers, and husbandmen, and merchant, as well as yee: pLib. de offi…. cap. 40. et. 41.St. Ambrose numbreth among other vertues, Warlike fortitude, and in his oration vponupon the death of Theodosius: Hee c…mmends him exceedingly, for his skill, in exercising of armes. Chrysostome in an Homily, concerning their excuses who came not to the wedding dinner, you pretend saith hee, that you are a souldiour; the Centurion in the Gospels history, was a good souldidiour, and yet a good Saint: qEpist. 5. et 207▪ in contr. Faustum lib. 2…. cap 74. et lib. Quast. in Iobu qu. 10.St. Augustine in diuerse places of his workes, both alloweth and commendeth highly, the calling of warriours. Bernard in his ser: ad militis Templi, Chap. 3. Miles Christi saith he securus interimit, securior interit; A souldiour beares not the sword for nought, but is the Minister of God, to take vengeance on him that doth euill, and so when hee kils a malefactor, Non homicida, sed malecida.
Anabaptists obiect, it is written, rDeut. 32. 35. Rom. 12. 19.Vengeance is mine, I will repay saith the Lord; Answere is made, that the vengeance which is exercised by publique persons, is not priuat grudge, but the vengeance of God, because Magistrates are the lieutenants and Ministers of God.
And whereas they further vrge the word of sEs▪ 2. 4.Esay, they shall breake their swordes into matroks, and their speares into sithes, nation shall not lift vp a sword against nation, neither shall they learne to fight any more. tIn loc. et in Mic. 4.S. Hierome answers, that this Prophecie concerned only the very time, when our blessed Sauiour the Prince of peace was borne; For then (as hystory reports,) there was an vniuersal peace throughout the whole world, or (as uCaluin in locother) it shewes that the Gospel of Christ, sets not only God, and man at peace, but also man with man; The summarie pith is briefly this, that Christs people shall be meeke, and hauing troden vnderunder their feet cruelty, shall endeauour to liue peaceably, but because part of Christs Kingdome is in this world, & that part hath here but a beginning, the good being mingled with the bad, and the good not absolutely good, but imperfitly perfit, therefore Christ inioyned, Luke 22. 36. Hee that hath none, let him sell his coate, and buy a sword: for albeit Christians may not offend other, yet they may defend themselues; in offending others, so simple as doues; in defending themselues, so wise as serpents: and therefore xVb… supra.Caluin calles them braine-sicke Bedlams, who by this place take from the Church, the vse of the sword, and condemne all manner of warre.
Yea, but Christ himselfe sayd, yMat. 25. 52.All that take the sword, shall perish by the sword; zThom. 2. …. … qu. 40 art 1. see Melanct. …om. …, fol. 190. et Bu…an. Loc. Com tit. de Magist. 43.Diuines answere, that a Prince takes not the sword of himselfe, but hee receiueth it from God, and hee giueth it to his Captaines, and the Captaines to the souldiers, and so by consequent, all fighting in a lawfull warre, put on Gods armour; and are sayd expresly to fight the battailes of the Lord.
aErasm. in Luc. 3. 14 see Sixt. Seneus. Ribl lob 6. annot. 156.Other obiect; the weapons of the Church, are the shield of faith, sword of the spirit; breastplate of righteousnesse, helmet of saluation, as S. Paul armes a Christian. Ephes. 6,
Answere is made, that S. Paul in that place, describes not any warre with men, but a spirituall warfare, which is against the deuill; We wrestle (quoth he) not against flesh and blood, but against spiritual wickednesses, and therefore put on the whole armour of God, that ye may be able to stand against the assaults of the deuill.
Secondly, though it be true, that faith and prayer are the chiefe weapons of Christians in this world; bSee Martyr loc. Com. Class. 4 cap. 16.yet other armes are not to bee cast away; for we read, that the Lord of hostes, gaue victory to his Israel, against Amalek, Orante Mose et Iosua pugnante, by the prayer of Moses, and fighting of Iosua: and cEpist. 194.S. Augustine giues this aduise to Bonifacius, arripe manibus arma, oratio pulset aures authoris; and in another place; some pray for you against inuisible foes, and you fight for them, against visible Barbarians.
Now there bee dThom. 2. 2. a qu. 40. art. 1. et Martyr loc. com. Class. 4 cap. 16.three conditions in an honest, and honorable warre: 1. Authoritas legitima, 2. Causa Iusta. 3. Intentio bona▪ That it be vndertaken vponupon lawfull authority; for a iust cause; with a good intent.
For the first, it is determined by eLib 22. cont. Faust. c. 75.S. Augustine and fThomas vbi suprae Buc…. Loc Com …. de …agistr quaest. 46 Bell. de …icis. c. 15.other Diuines, that Soueraigne Princes only hauehave power to proclaime was, for the protection of their Realmes; as the Kings of England, France, Spaine, the common wealth of Venice, the Dukes and Princes of Germanie, which are of themselues, absolute Lordes; but Earles, and Barons, and other great Persons, immediatly subiect to superiour command, may not of their owne heads and authority, make war; and the reason hereof is very plaine; for if one man sinne against another, the Iudge shall Iudge it; (quoth old Elt) If one subiect offend another, appeale may bee made to superiour authority: but if a King trespasse another, they hauehave no common seat of Iustice where to complaine of iniuries, and therefore they must reuenge publique quarrels, and make the sword their Iudge; But gPet. Martyr vb… supra▪here diuines put a difference between offensiue wars, & defensiue, we may not assault our forrein foes, without the Princes expresse command; but in a defensiue warre, it is otherwise: Because, when any part of the land is inuaded, and besieged vponupon the sudden; it may bee dangerous to stay for instructions from aboue, as a priuate man assaulted on the high way, by a thiefe, hauing no meanes at that instant to complaine vntounto the magistrate, becomes himselfe a magistrate, and may strike with his owne sword, in his owne Iust and necessarie defence; so good subiects oppressed by forreine force, desperatly vnawares, (I speake rather as a School-man, then a States-man;) hauing the Princes tacite consent, need not expect his explicite direction. I conclude therefore this poynt, with hApud Mart. vbi supra.Hostiensis, and Peter Martyr, bella sunt iniusta, quae suscipiuntur, aut non mandante, aut non tacite approbante magistratu.
The second condition in honest and honorable warres, is a iust cause. Warre is full of inconueniences; iNatural hist lib▪ 8. cap 12.Plinie reports that a Dragon sucking the blood of an Elephant, kils both it selfe, and the beast. Euen so (saith kIohn Da… Com… de Bello▪one,) many times it falleth out in warre, Pars vtra que perimit et perit; Both parties receiue hurt, for lPol…bius host. lob. 10.as he that sets a wood on fire, knowes not how long it will burne, and how farre the rage of the flame will reach▪ euen so he that begins a warre, knowes neither where, nor when it will end: A King therefore may not fight against another Prince, for eueryevery trifle, but only to repell a notorious wrong, done to his honour, or state, Cuncta prius tentanda, sed immedicable vulnus Ense recidendum: There be many most abhominable sinnes, and impieries in Rome, Venice, Florence; the which are not to be reformed by the King of Spaine, for that hee is not their competent, and ordinary Iudge, but eueryevery King being the protectour of his liege people, may correct such offences of other nations, as damnifie his subiects. It is a iust cause for a King, saith mQuaest. 10. in Iosuam.Augustine, to warre with any state, that insolently refuseth to right a publique wrong, as not to restore goods, taken by Pyrats, or not to punish a notorious libellou…, dishonouring the persons, and disabling the titles of Soueraigne Princes, in such a case saith Augustine, both the Captaines, and the souldiour, are the Ministers of God, and they fight with his sword, to take vengeance on such as doe euill.
But here Princes ought to consider, that they should not fight vponupon any doubtfull, or little cause, but only for some great and certaine.
Againe, wee must here distinguish, betweene the King and the subiect; It is a fault in a King, to fight in a quarrell, which is vncertaine, because warre is an act of Iustice; but it is iniustice, to punish a man before hee suffer a sufficient tryall; and his cause bee well examined: But it is not a fault in a subiect, to fight, vnlesse the cause bee notoriously knowen vniust: It is our duty rather to presume of the Kings Iustice, then in any sort to question his authority, nBucan. Loc. Co… ▪ …. de Magistr quaest. 50.tene certum et relinque incertum, is a good precept in this case, Howsoeuer the title bee most vncertaine, yet that eueryevery soule, should obey higher power, is certaine; The oAug. contr. Faustum lib. 22 cap 75. Idem … Aphorismis verb. Bellum.King then in proclaiming warre, may sinne; but the subiect in executing his command, offend not; as a Iudge in a dubious case sinnes, when he condemnes an innocent, and yet the hang-man may not examine the Iudges sentence, but is bound to doe his duty.
The third condition required in warre, is a good intention, for seeing publique tranquillity, and peace is the end of warre, neither Soueraigne nor subiect ought to fight for other designes, as to shed blood, or to enrich themselues, or to try their vallour, or the like: Militia, may not bee, quoth pS…r. ad Milites Templi. cap▪ 2.Bernard, Malitia; so S. Augustine lib. 22. Contra Faustum▪ Chap. 74. Nocendi Cupiditas, Vlciscendi Crudelitas, impacatus et implacabilis animus, feritas rebellandi, libido dominandi, et si quae similia, haec sunt quae in bello Iure culpantur.
To these 3 conditions, qBellar lib de … cap 15.other adde a fourth, and that is modus debitus, the commendable manner of fighting in an honorable warre, that wee hurt not any person, which is innocent, according to the rules of S. Iohn the Baptist, in his charge to souldiers; Doe violence to no man, accuse not any falsely, be content with your wages; Where hee forbiddeth all iniurie done by souldiours, to parties innocent, either by force, or fraud; in their persons▪ or goods, in saying doe no violence, he forbiddeth open iniury done to poore peasants, in beating them, or robbing them: in saying▪ accuse not any man falsely, He forbiddeth iniuries by fraud, as when souldiours accuse a rich man for a traytour, or secret intelligencer, though they know the contrary: In saying, bee content with your wages, he forbiddeth all vniust exactions, and pillage, which is contrary to the law.
Now there be three sorts of men exempted from the cruelties of warre, which a souldiour ought not to damnifie: The first are such as apperteine not to the common wealth of the enemy, and therefore free-booters are too blame, who rob their owne friends, and spoyle their allies countrey, thorow which they martch.
The second sort, are Priests, and Ambassadours, and Messengers, all which enioy free liberty by the lawes of nations.
The third are they, which are vnfit to fight, as women, and children. Deut. 20. 14. And among children, old men may be numbred, according to the Prouerb, bis pueri senes; It is true, that Moses sometime commanded women, and children, to bee slayne, but he had a speciall reuelation for it from God; and so he might not dispute with his maker; but we must euer follow, not the singular example, but the generall rule, to the Law, to the Testimony, Esay 8. 20,
Thus I hauehave shewed, how Magistrates are the Ministers of God, for our temporall good, consisting in a quiet and a peaceable life. Now the God of all goodnesse hath appoynted them also Ministers for our spirituall good, that wee may lead this quiet and peaceable life, in all godlinesse and honestie; they bee defendors of the faith, and Lord-Keepers of both the tables of the Law, Keepers of the first table, that wee may liue in all godlinesse, and keepers of the second table, that we may liue in all honesty.