Lex Rex, Question 33
QUEST. XXXIII. Whether or no the place Rom. 13.1. prove that in no case it is lawfull to resist the King?
THe speciall ground of Royalists from Rom. 13. against the lawfulnesse of defensive Wars,The place Rom. 13. discuss…d. is to make Paul, Rom. 13. speake onelyonly of Kings. Hugo Grotius de jure belli & pac. l. 1. c. 4. num. 6. Barclay cont. Monarch. l. 3. c. 9. saith, Though Ambrose expound the place Rom. 13. de solis Regibus, of Kings onelyonly, (this is false of Kings onelyonly, he doth not, but of Kings principally) Yea it followeth not that all Magistrates, by this place, are freed from all lawes, because (saith he) there is no Iudge above a King on earth, and therefore he cannot be punished; but there is a Iudge above all inferiour Iudges, and therefore they must be subject to Lawes. So D. Ferne followeth him, sect. 2. pag. 10. and our poore Prelate must be an accident to them, Sacr. San. Maj. cap. 2. pag. 29. for his learning cannot subsist per se.
1. Assert. In a free Monarchie (such as Scotland is known to be) by the higher power Rom. 13. is the King principally in respect of dignity understood;The King onelyonly is not understood in the Text. but not solely and onelyonly, as if inferiour Judges were not higher powers. 1. I say in a free Monarchie: For no man can say, that where there is not a King, but onelyonly Aristocracie, and government by States, as in Holland, that there the people are obliged to obey the King; and yet this Text, I hope, can reach the consciences of all Holland, that there every soul… must be subject to the higher powers, and yet not a subject in Holland is to be subject to any King: for non entis nulla sunt accidentia. 2. I said the King in a free Monarchie is here principally understood in regard of dignity, but not in regard of the essence of a magistrate, because the essence of a Magistrate doth equally belong to all inferiour Magistrates, as to the King, as is already proved,Th… King is principally understood in the Text, Rom. 13. in regard of dignity, but not only in regard of …ss…nce. (let the Prelate answer if he can) for though some Judges be sent by the King, and have from him authority to judge, yet this doth no more prove that inferiour Judges are unproperly Judges, and onelyonly such by analogie, & not essentially; Then it will prove a Citizen is not essentially a Citizen, nor a Church-officer essentially a Church-officer, nor a sonne not essentially a living creature, because the former have authority from the Incorporation of Citizens, and of Church-officers, and the latter hath his life by generation from his father, as Gods instrument. For though the Citizen and the Church-officers may be judged by their severall Incorporations that made them, yet are they also essentially Citizens and Church-officers, as those who made them such.
2. Assert. There is no reason to restrain the higher powers to Monarchs onelyonly, or yet principally,OnelyOnly Nero cannot be understood, Rom. 13.1. as if they onelyonly were essentially powers ordained of God, 1. Because he calleth them foreign, higher powers. Now this will include all higher powers, as Piscator observeth on the place. And certainly Rome had never two or three Kings to which every soule should be subject, if Paul had intended that they should have given obedience to one Nero, as the onelyonly essentiall Judge he would have designed him by the nowne in the singular number. 2. All the reasons that the Apostle bringeth to prove that subjection is due, agreeth to inferiour Judges, as well as to Emperours, for they are powers ordained of God, and they beare the sword, and we must obey them for conscience sake, and they are Gods deputies, and their judgement is not the judgement of men, but of the Lord, 2 Chron. 19.6, 7. Deut. 1.16. Numb. 11.16, 17. Tribute and wages be no lesse due to them, as ministers and servants, for their work, then to the King, &c. 3. The Apostle could not omit obedience to the good Civill Lawes enacted by the Senate, nor could he omit to command subjection to Rulers, if the Romanes should change the Government, and abolish Monarchie, and erect their ancient forme of Government before they had Kings. 5. This is Canonicall Scripture, and a cleare exposition of the first Commandement, and so must reach the consciences of all Christian Republicks, where there is no Monarchie. 5. Parallel places of Scripture prove this. Paul, 1 Tim. 2.1, 2. will have prayers made to God, for Kings, and for all that are in authority, and the intrinsecall …nd of all is, a godly, honest, and peaceable life. And 1 Pet. 2.13. Submit to every ordinance of man for the Lords sake. Tit. 3.1. It is true, subjection to Nero, of whom Tertullian said, Apol. 5. Nihil nisi grande bonum à Nerone damnatum, is commanded here, but to Nero as such an one as he is obliged, de jure, to be, (whether you speak of the office, in abstracto, or of the Emperour, in concret…, in this notion, to me it is all one) but that Paul commandeth subjection to Nero, and that principally and solely, as he was such a man, de facto, I shall then beleeve, when Antichristian Prelats turn Pauls Bishops, 1 Tim. 2. which is a miracle. 6. Inferiour Judges are not necessarily sent by the King, by any divine Law, but chosen by the people, as the King is; and de facto, is the practise of creating all Magistrates of Cities in both Kingdomes.Vata… Homines intelligit publica autho…itate p…editus. 7. Augustin. expos. Prop. 72. on Epist. Rom. Irenaeus l. 5. c. 24. Chrysostom. in Psal. 148. and on the place, Hieron. Epist. 53. advers. vigilant, expound it of Masters, Magistrates; so do Calvin, Beza, Pareus, Pis…ator, Rollocu. Marlorat. So do Popish Writers, Aquinas, Lyra, Hugo Cardinal. The P. Prelats poo…e reas…n▪ …estraining the Text to Kings, answered. Prelat. … Sanct. ma…. c. 2. pag. 29. P. Marty…. … potestatum g… n…ra—regna, Aristocrat… …a, Politi…a, Tyrannica, Oligar…hi…a— Deus etiam illorum author. Willet saith the same, and so Beza, so Tolet. Haymo.Carthus. Pirerius, Toletus, Cornel. à Lapide, Salmeron, Estius, expound the place; And therefore there is no argument, that Royalists hence draw against resisting of the King by the Parliaments; but they do strongly conclude against the Cavalliers unlawfull warres against the Parliaments and Estates of two Kingdomes: Here what P. P. saith to the contrary. 1. They are called eminent powers. Ergo, Kings only. Answ. It followeth not, for these can be no other then foreign, 1 Tim. 2.2. But these are not Kings, but in the Text contradivided from foreign, Kings, and they can be no other then foreign, Principalities and powers. 2. The reason of the Apostle proveth clearely, that foreign cannot meane Kings onelyonly, for Paul addeth of that same foreign, For there is no power but of God: It must be there is no supereminent Royall power, but it is of God, and the powers Royall onelyonly (so he must meane) that are, are ordained of God. Now this latter is manifestly false, for inferiour powers are of God; The power of the Roman Senate, of a Master, of a Father, are of God. P. Prelate. Peter must expound Paul, and Pauls higher powers must be, 1 Pet. 2. foreign. More reason that Paul expound Paul: Now 1 Tim. 2.2. foreign, All in authority are not Kings. P. Prelate. (Are of God) or (ordained of God) cannot so properly be understood of subordinate powers, for that is not by immediate derivation from God, but immediately from the higher power the King, and mediately from God.
Answ. It is most false that King David is so immediatly a King from God, as that he is not also by the mediation of the peopl…, who made him King at Hebron. 2. The inferiour Magistrat…s are also immediate vicars and ministers of God as the King, for their throne and judgement is not the Kings, but the Lords, Deut. 1.16. 2 Chron. 19.6. 3. Though they were mediatly from man, it followeth not that they are not so properly from God, for Wisdome Prov. 8. saith as properly, ver. 16. By me Princes rule, and Nobles, even all the Iudges of the earth, as ver. 15. By me Kings reigne; and promotion is as properly from God, and not from the East, and the West, Psal. 75.6, 7. Though God promote Ioseph by the thankfull munificence of Pharaoh, and Mordecai by Ahasuerus, Daniel by Darius, as if he gave them power and honour immediately from Heaven.
Prelat. Learned Interpreters expound it so. Answ. It is an untruth, for none expound it onelyonly and principally of Kings. Produce one Interpreter for that conceit. Prelat. Paul wrote this when Nero was Monarch. Answ. Then must the Text be expounded of Nero only. 2. He wrote this when Nero played the Tyrant, and persecuted Christians: Ergo, We are not to disobey Nero's now. 3. He wrote it when the Senate of Rome had power to declare Nero an enemy, not a Father; as they did. P. Prelat. foreign must be referred to the Antecedent foreign and this, There is no power, foreign but of God; must undeniably inferre, there is no supreme power but of God; and so Soveraignty relates to God as his immediate author; so Sectaries reason, Gal. 2.16. Not justified by works, (foreign) but by faith onelyonly. Then foreign, must be a perfect exclusive, else their strong hold for Iustification is overthrowne. Answ. foreign, hath a neerer Antecedent, which is foreign, it is alone without foreign. And this Grammer is not so good as Beza's, which hee rejected. 2. foreign, will referre to God alone, as the onelyonly cause, In genere causae primae. God alone giveth raine: but not for that immediatly, but by the mediation of vapours and clouds. God alone killeth and maketh alive, Deut. 32.39. That is, excluding all strange gods, but not immediatly; for by his peoples fighting, he slew Og King of Bashan, and cast out seven Nations, yet they used bow and sword, as it is in the booke of Ioshua; and therefore God killed not Og immediately. God hath an infinite, eminent, transcendent way of working, so that in his kinde he onelyonly worketh his alone: Deus solus operatur solitudine primae causae, non solus solitudine omnis causae, God onelyonly giveth learning and wisdome, yet not immediatly alwayes; often he doth it by teaching, and industry. God onelyonly maketh rich, yet the Prelates make themselves rich also with the fat of the flock, and God onelyonly maketh poore; yet the P. Prelates Courts mediately also under God, …ade many men poore. 3. foreign, is not such an exclusive Particle when we ascribe it to God, as when we ascribe it to two created c…uses, workes, and faith; and the Protestants forme of arguing, Gal. 2. to prove we are justified by faith, he calleth our strong hold: Ergo. It is not his strong hold. In this point then hee must be a Papist, and so he refuses to owne Protestant strong holds, for justification by faith alone.
D. Ferne s…ct. 2. pag. 10. As many as have soules must be subject to the higher powers spoken of here; but all inferiour Iudges have soules. Answ. If the word (soules) be thus pressed, none shall be understood by higher powers, but the King onelyonly. 2. Certainly, he that commandeth as he commandeth, must be excepted, except, because the King ha…h a soule, you must subject the King to himself, and to his owne commandements Royall; and so to penall Lawes.
3. Inferiour Judges, as Judges by this text, must either be subject to themselves as Judges, and by the same reason, the King must be subject to himselfe, as he is a Judge: Or Judges as men, or as erring men are to be subject; which I would grant, but they are not subject as Judges, no more then one as he commandeth, can also obey as he command…th. These are contradictory; I am not put off that opinion since I was at Schools, Species subjicibilis qua subjicibilis non est praedicabilis.
4. …f Nero make fathers rulers over their mothers and children, and command them, by his publique sword of justice, to kill their own… children and mothers; if a Senate of such fathers disobey, and if with the sword they defend their own children and mothers, which some other Do…gs as Judges are to kill, in the name and commandement of Nero: Then they resisting Neroes bastard-commandment, by …his doct…ine resist the ordinance of God, and resist the Minister of God. I have not a faith stretcht out so farre to the Prelates Court-divinity. Yet Ferne saith, there was never more cause to resist higher powers, for their wicked Nero was Emperour, when he now forbideth resistance Rom. 13. under the paine of damnation.
I desire to be informed, whether to resist the Kings servants be to resist the King. Doctor Ferne p. 3. §. 2. p. 10. and par. 3. §. 9. p. 59. allow us in unavoidable assaults, where death is imminent, personall defence without offending, as lawfull, whether the King or his emissaries invade, without law or reason. Well then, the resisting then of the Kings cut-throats, though they have a personall command of the King to kill the innocent, yet if they want a legall, is no resisting of the King, not as King, and the servant hath no more then the Master giveth, but the King in lawlesse commandements gave nothing royall to his cut-throates, and so nothing legall.