Lex Rex, Question 3
QUEST. III. Whether Royall Power and definite forms of Government be from God?
THe King may be said to be from God and his word in these seveall notions. 1. By way of permission, Ier. 43.10. Say to them, thus saith the Lord of hoasts the God of Israel, The King from God, understood in a fourefold sen…e.Behold I will send and take Nebuchadnezzar the King of Babylon, my servant, and will set his throne upon these stones that I have hid, and he shall spread his royall pavilion over them. And thus God made him a Catholick King, and gave him all Nations to serve him, Jer. 27.6, 7▪ 8. though he was but an unjust Tyrant, and his sword the best title to those crownes.
2. The King is said to be from God, by way of naked approbation. God giving to a people power to appoint what Government they shall thinke good, but instituting none in speciall, in his Word. This way some make Kingly power to be from God in the generall, but in the particular to be an invention of men, negatively lawfull, and not repugnant to the Word, as the wretched Popish ceremonies are from God. But we teach no such thing: let (i)Sacro, an. reg. maj. … sacred and royall prerogati… of Christian Kings c. 1. q. 1. p. 6, 7.Maxwell free his Master (k)Bellarm. de locis, l. 5. c. 6. not. 5. Politica universe considerata est de jure divino, in particulari considerata est de jure gentium.Bellarmine and other Iesuites, with whom he sideth in Romish Doctrine: we are free of this. Bellarmine saith that politick power in generall is warranted by a Divine law; but the particular formes of politick power, he meaneth Monarchie, with the first, is not by Divine right, but de jure …entium, by the law of nations, and sloweth immediately from humane election, as all things, saith he, that appertein to the law of Nations. So Monarchie to Bellarmine is but an humane invention, as Mr. Maxwell his Surplice is: and D. Ferne, sect. 3. p. 13. saith with Bellarmine.
3. A King is said to be from God, by particular designation, as he appointed Saul by name for the crown of Israel. Of this hereafter.
Royall power is of divine institution.4. The Kingly or Royall office is from God by divine institution and not by naked approbation: for first, we may well prove Aarons Priesthood to be of divine institution, because God doth appoint the Priests qualification from his familie, bodily perfections, and his charge. And we take the Pastor to be by divine law and Gods institution, because the Holy Ghost, 1 Tim. 3.1, 2, 3, 4. describeth his qualification, so may we say that the Royall power is by divine institution, because God mouldeth him, Deut. 17.15. Thou shalt in any wise set him King over thee, whom the Lord thy God shall choose, one from amongst thy brethren, &c. Rom. 2 13. There is no power but of God, the powers that be, are ordained of God. 3. That power must be ordained of God as his own ordinance, to which we owe subjection, for conscience, and not only for feare of punishment: but every power is such, Rom. 13.4. To resist the Kingly power, is to resist God. 5. He is the Minister of God for our good. 6. He beareth the sword of God to take vengeance upon ill-doers. 7. The Lord expresly saith, 1 Pet. 2.17. Feare God, honour the King, v. 13. Submit your selves to every ordinance of man for the Lords sake, whether it be to the King as supreme, 14. or unto governours, as unto those that are sent by him, &c. Tit. 3. Put them in mind to be subject to principalities and powers: and so the fift Commandement layeth obedience to the King on us, no lesse then to our parents. Whence I conceive that power to be of God, to which by the morall law of God, we owe perpetuall subjection and obedience. 8. Kings and all Magistrates are Gods, and Gods deputies and lieutenants upon earth, Ps. 82.1.6, 7. Exod. 22.8. Exod. 4.16. and therefore their Office must be a lawfull ordinance of God. 9. By their Office they are feeders of the Lords people, Ps. 78.70.71.72. the shields of the earth, Ps. 47.9. nursing fathers of the Church, Ps. 49.23. Captaines over …he Lords people 1 Sam. 9.19.10. It is a great Iudg…ment of God, when a land wanteth the benefit of such ordinances of God, Esay 3 1, 2.3.6, 7.11. The execution of their office is an act of the just Lord of he…v…n a…d earth, not onelyonly by permission, but according to Gods revealed Will in his Word; their judgement is not the judgement of men, but of the Lord, 2 Chron. 19.6. and their Throne is the Throne of God, 1 Chron. 19.21.12. (a)Hieromy in …. 4. Comment. in Ierem.Hierom saith, to punish murtherers and sacrilegious persons is not bloud-shed, but the ministery and service of good Lawes. So if the King be a living law by Office, and the law put in execution which God hath commanded, then as the Morall Law is by divine institution, so must the Officer of God be, who is Custos & vindex legis divinae, the keeper, preserver, and avenger of Gods Law, and (b)Basilius Epist. 125.Basilius, this is the Princes Office, Vt opem serat virtuti, malitiam vero impugnet, when Paulinus Treverensis, Lucifer Metropolitane of Sardinia, Dionysius Mediolanensis, and other Bishops, were commanded by Constantine to write against Athanasius, they answered, Regnum non ipsius esse, sed d…i, aquo acceperit, the Kingdom was Gods, not his; as (c)Athanasius Epist. ad solita.Athanasius saith: (d)Optat. Melevitanus. Lib. 3Optatus Milevitanus helpeth us in the cause where he saith with Paul, VVe are to pray for heathen Kings. The genuine end of the Magistrate saith (e)Epiphanius l. 1. tom. 3. Heres. 40.Epiphanius, is ut ad bonum ordinem universitatis mundi omnia ex deo bene disponantur atque administrentur. But some object, if the Kingly Power be of divine institution, then shall any other government be unlawfull and contrary to a divine institution, and so we condemne Aristocracy, and Democracy as unlawfull. Ans. This consequence were good, if Aristocracy and Democracy were not also of divine institution, as all my arguments prove; for I judge they are not Governments different in nature, if we speake Morally and Theologically, onelyonly they differ politically and positivel…; nor is Aristocracy any thing but diffused and inlarged Monarchy, and Monarchy is nothing but contracted Aristocracy, even as it is the same hand, when the thumb and the foure fingers are folded together, and when all the five fingers are dilated, and stretched out, and where ever God appointed a King, he never appointed him absolute, and a sole independent Angell, but joyned alwaies with him Iudges, who were no lesse to judge according to the Law of God, 2 Chron. 19.6. then the King, Deut. 17. v. 15. And in an obligation morall of judging righteously, the conscience of the Monarch, and the conscience of the inferiour Iudges are equally, with an immediate subjection under the King of Kings, for there is here a co-ordination of consciences, and no subordination, for it is not in the power of the inferiour Iudge to judge, Quoad specificationem, as the King commandeth him, because the judgement is neither the Kings, nor any mortall mans, but the Lords, 2 Chronicles 19.6, 7.
Hence all the three formes are from God, but let no man say, if they be all indifferent and equally of God, societies and Kingdomes are left in the dark, and know not which of the three they shall pitch upon, because God hath given to them no speciall direction, for one rather than for another. But this is easily answered, that a republick appoint Rulers to governe them, is not an action indifferent, but a Morall action,How and in what sence any forme of Government is indifferent. because to set no Rulers over themselves I conceive were a breach of the fift Commandement, which commandeth government to be one or other. 2. It is not in mens free will that they have government or no government, because it is not in their free will to obey, or not to obey the acts of the Court of nature, which is Gods Court, and this Court enacteth that societies suffer not mankind to perish, which must necessarily follow, if they appoint no government; also it is proved else where, that no Morall acts in their exercises and use are left indifferent to us; so then, the aptitude and temper of every Common-wealth to Monarchy, rather then to Democracy, or Aristocracy is Gods Warrant, and nearest call to determine the wills and liberty of people to pitch upon a Monarchy, Hic & nunc, rather then any other forme of Government, though all the three be from God, even as single life and Marriage are both the lawfull Ordinances of God, and the constitution and temper of the body is a calling to either of the two; not are we to think that Aristocracy and Democracy are either unlawfull Ordinances, or mens inventions, or that those societies which want Monarchy doe therefore live in sins.
But some say, that Peter calleth any form of Government, an humane Ordinance,How Government is an Ordinance of man, 1 Pet. 2 3. 1 Pet. 2.13. foreign. Therefore Monarchy can be no Ordinance of God. Answ. (f)Rivetus in dee…t. Mand. 5. pa. 194.Rivetus, It is called an Ordinance of man, not because it is an invention of man, and not an Ordinance of God, but respectu subjecti; (g)Pisc. in locPiscator, Not because man is the efficient cause of Magistracie, but because they are men who are Magistrates. (h)Diodat. annot.Diodatus, Obey Princes and Magistrates, or Governours made by men, or amongst men. (i)Occumenius Quod hominum dispositione consistit. & humanis suffragiis creatur.Oecumenius, an humane constitution, because it is made by an humane disposition, and created by humane suffrages. (k)Dydimus.Dydimus, presides presidents made by men. (l)Cajetan, officium regimenis, quia humanis suffragiis creatur.Cajetanus, (m)Estius in loc.Estius, Every creature of God (as Preach the Gospel to every creature) in authority. But I take the word every creature of man, to be put 1. Emphatically, to commend the worth of obedience to Magistrates, though … men, when we do it for the Lords sake: Therefore (n)Betrandus tom 4. Bib.Betrandu… Cardinalis Ednensis saith, he speaketh so for the more necessi…y of merit; and (o)Gloss. ordinar.Glossa Ordinaria saith, Be subject to all powers, Etiam ex infidelibus & incredulis, Even of infidels and unbeleevers. (p)Lyranus.Lyranus, For though they be men▪ the image of God shineth in them; and the Syriack, as (q)Syriak.Lorinus saith, leadeth us thereunto, (r)Lorin. in lo.foreign Lechullechum benai anasa. Obey all the children of men that are in authority. 2. It is an Ordinance of men, not effectively; as if it were an invention, and a dream of men: But 2. subjectively, because exercised by man. 3. Objectively, and foreign for the good of men, and for the externall mans peace and safety especially; Whereas Church-Officers are for the spirituall good of mens souls. And (s)Durandus lib. de orig▪ jurisDurandus saith well, Civill power according to its institution is of God, and according to its acquisition, and way of use, its of man. And we may thus farre call the forms of Magistrates, an humane Ordinance, That some Magistrates are ordained to care for mens lives, and matters criminall, of life and death, and some for mens Lands and estates; some for commodities by Sea, and some by Land; and Magistrates according to these Determinations or humane Ordinances.