The Divine Right and Original of the Civil Magistrate, Chapter 10 · Section 6
CHAP. X. SECT. VI.SECT. VI. Of the ſayings of ſome Proteſtant Authors, interpreting this Text not only to require obedience to preſent Rulers, what ever their title be, but to justifie their being ordained of God.
Object. 6. BƲt ſome of our Proteſtant Divines of chiefe note commenting upon this Text, have given their ſ…nſe to be: That obedience in lawfull things is to be yeelded to the preſent Rulers without reſpecting by what right, or wrong they have gotten into power: and that who ever is in actuall rule is the power of God, ordained of God, and that it appears he is ſo by his ſeiſure, or poſſeſſion.
Anſwer. Here are two poſitions delivered as the judgement of ſuch Authors.
1. For the former, viz. That obedience is (as lawfull, and in many caſes neceſſary) to be yielded, in lawful things to a poſſ…ſſory power: (for which are cited Peter Martyr, and Gualter in loc.) I have no diſpuſe againſt it. It may be a poſition allowable in it ſelfe, though not built upon this Text, unto which I conceive it forein. There are other grounds, beſides Gods ordination of the powers that are, and the ſuppoſall of a reall Magiſtracy in him that governeth, upon which to found, and warrant ſuch an obedience.
2. For the latter (that, whoever s in actuall rule is the power of God, ordained of God, and is manif…ſted ſo to be by ſuch his command) though i… may ſeem to have the judgement, and a thority of Bu…er, Calvin, and Pareus, as they are alledged for it, and perhaps of ſome others, yet it is not the …ore to paſs. But I ſhall for reverence ſake to thoſe Divines recite their words: and offer that which is (I think) ſufficient to take off the ſtrength which this argument would borrow from their authority.
Buc…rs word… are. When therefore it is queſtioned whom thou muſt obey, thou muſt not look what a one he is that exerciſeth power, nor by what right or wrong any hath entred into the power, nor how h… doth uſe it, but onelyonly whether he have power: F…r if any be poſſeſſed of power, it is without doubt he hath received that power from God *Quum igitur quaeritur cui parendum, non eſt ſpectandum qualis ſit qui poteſtatem exercet, nec quo jure, vel injuria quis poteſtatem invaſerit, quavè ratione eā adminiſtret; ſed tantum ſi poteſtatem habeat. Si enim quis poteſtate pollet, jam indubitatum eſt illum a deo eam poteſtatem accepiſſe. Bucer in loc..
Calvin ſaith, Whereas men often enquire, by what right they have obtained their power, who have the rule; It ſhould be enough to us that are in Rule. For they have nor aſcended to this height by their owne power, but are impoſed by the hand of …he Lord †Saepe ſolent inquirere quo jure adeptifuerint poteſtatem qui rerum potiuntur: Satis autem nobis eſſe debet quòd praeſunt, non enim conſcenderunt ſua ipſi virtute in hoc faſtigium, ſed manu Domini ſunt impoſiti. Calv. in loc..
Pareus hath it thus He that hath ſhed mans blood, by man ſhall his blood be ſhed; but not by any man, for the prohibition is, thou ſhalt not kill: but by a Magiſtrate ordained of God. Neither matters it by what meanes or arts, Nim…od, Jerob…am, or others have gotten them Kingdomes. For the power which is of God is one thing, the acquiſition, and uſe of the power is another *Qui ſanguinem hominis fuderit ejus ſanguis etiam fundetur ab homines: non utique à quovis, prohibuit etenim, non occides; ſed a Magiſtratu divinitus ordinato. Nec refert quibus modis, vel artibus Nimrod, Jeroboam, vel alii regna ſibi paraverint: nam aliud eſt poteſtas quae a Deo eſt, aliud acquiſitio, & uſus poteſtatis. Paraeus in loc..
I ſhall not controvert the ſenſe of theſe ſentences, or enquire whether they will beare aequivalence with the poſition. Neither will I take upon me to comment upon theſe Commentators, but having beſtowed ſo much labour upon the Text it ſelfe, which is both their, and my ſubject, I ſhall leave the Reader to judge of what is ſaid by either, as he ſhall finde reaſon. OnelyOnly ſomewhat to the weight of their authority.
1. The opinion, or averment of man (of the beſt for learning and piety) in a caſe of conſcience, or in an enquiry what is the ſenſe of ſuch a Scripture, or ſuch a divine precept, is not an oracle, neither will it paſſe for ſuch in any controverſie. The truth is, we are very prone to attribute ſome authority to it, and urge it upon others, ſo far as we finde it concurrent with our owne perſwaſion. But who is he that will be pre-judged, or concluded by it contrary to the opinion he hath received, or in what he is otherwlſe doubtfull? when we look upon it with an impartial eye, that is, in the caſe wherein we are not p…e-poſſeſſed, it bears no other value with us then what is allayed with the imperfections of fallibility in it ſelfe, and variableneſſe from it ſelfe, and moreover is ordinarily contradicted by other humane teſtimony or ſentence, as conſiderable.
2. This p…ſition, aſſerting the power that occupyeth his place by unjuſt acquiſition, and tenure to be ordained of God, underſtanding by Gods ordination his inſtitutive, or preceptive will, Bucer ſtands charged for it by Pererius, and other Expoſitors of the beſt note of that party, as making God the author of Sinne*See Dr. Willet in loc queſt. 5. and Mr. Prin his third part of the Supreme Power, &c. pag. 114.. The aſſoyling the poſition of that cha…ge I leave to them that may concurre with him in it.
3. This argument from humane authority (though of ſuch perſons) in this caſe can ſignifie little, being far from univerſall, or having the generall, yea, or (as far as I have obſerved) the common, or the major vote of ſuch Authors. For the ſatisfaction of thoſe that may lay great weight on the jud…ement of thoſe above cited, or may ſuſpect my ſenſe of ſingularity; I ſhall here ſet downe the ſentences of other Authors (in greater ſtore, and of ſpeciall eſteem) who gainſay that which is ſaid by Calvin, Bucer, and Pareus. In bringing in my Authors I ſhall reduce them to two heads.
1 Thoſe that ſpeak particularly to this Text.
2 Thoſe that ſpeak to the thing without reference to it.
1 Thoſe that ſpeak to the Text, denying it to include every poſſeſſory power, and limiting it to the lawfully entitled.
I begin with Chryſoſtome, Chryſoſtom. in loc.who commenting upon the Text, hath theſe words. What ſayeſt thou? is therefore every Prince made of God? this, ſaith he, I ſay not; for I doe not ſpeake of this, or that Prince, but of the thing it ſelfe. — Wherefore he ſaith not, The Prince is not but of God, but diſcourſeth of the thing it ſelfe, ſaying, the power is not but of God.
My next is, Theophylact Theophylact. in loc.upon the Text, who repeating the words of Ch…yſoſtome, ſaith further, He speaks of the Princes office, not of the Prince: as when a wiſe man ſhall ſay, a wiſe is joyned to her husband of God, he doth not ſay, that what man ſoever lyeth with a wife, hath her for his wife of God, but God hath joyned her to him that is marryed.
Next I ſhall bring out of the harmony of the confeſſions of the Chriſtian, and reformed Churches,Harmony of Confeſſ. in Engliſh, Sect. 19. pag. 588. 592, 593. the confeſſions of the Proteſtant Princes, and States of Germany, viz. Thoſe of Auſpurge, and Saxony That of Saxony ſaith: Although there be many horrible confuſions, which grow from the Devill, and the madneſſe of men, yet the lawful government, and ſociety of men is ordained of God. As it is ſaid, Rom. 13.
That of Auſpurge hath it thus. Such civill ordinances as be lawfull are the good works and ordinances of God, as Paul witneſſeth, The powers that be are ordained of God. Gods wiſdome is declared by order, which is in the diſcerning of vertues, and vices, and in the ſociety of man-kinde under lawful government.
To theſe I ſhall adjoyne theſe Proteſtant Writers
Muſculus upon the Text. It is to be noted, he doth not ſay, the…e is not a Prince, or King who is not of God, but their power is not but of God. For he ſpeaks not of the abuſe of power, and the tyranny which many Princes exerciſe, nor y t of thoſe who by force break into powers, but of the power it ſelfe divinely ordained. Although every power be of God, Notandum quod non dicit, non eſt princeps, vel Rex qui non ſit a Deo, ſed non eſt poteſtas niſi a deo; non enim loquitur de abuſu poteſtatis, ac tyrannide quam plerique exercent, neque de iis qui vi i…rumpunt in poteſtates, ſed de ipſa poteſtate divinitus ordinata.— Licet omnis poteſtas a Deo ſit, non tamen mox omnis princeps eſt a Deo. Scriptum eſt de quibuſdam, ipſi regna verunt, & non eſt a me. Muſculus in loc. Officium ſubditorum erga Magiſtratus eſt obedientia, ut illi, ſi legitimus eſt, omnes pareant. Rom. 13.1. Nulla poteſtas, &c. Becanus loc. 49. qu. 13. pag. 853.yet every Prince is not preſently of God. It is written of ſome, They …ave reigned, and it is not of me.
Becanus. The duty of Subjects towards the Magiſtrate is obedience, that, if he be a lawfull Magiſtrate, they all obey him. Rom. 13.1. There is no power but of God.
Dr. Mayer upon the place. He moveth the queſtion, whether the ſubjection of the Text be due to any power once up, either by right, or wrong? His anſwer is, The conſcience is not bound to uſurpers, but they may be removed againe; as Jehoiada removed Athaliah, and ſet up the right King. A King by birth, by election, or by law of Armes through conqueſt is to be ſerved, though he be wicked, and tyrannicall, as being given in Gods anger, for puniſhment; but a Ʋſurper may be reſiſted, and depoſed again.
Dr. Hammond upon the place, in his paraphraſe, interpreteth it of obedience to the ſupream powers rightly eſtabliſhed, and conſtituted. And that every perſon under government of what ranke ſoever he be, is to yeeld ſubjection to the ſupream Governour legally placed in that Kingdome. And elſewhere he ſaith, obedience to Superiours is extended indefinitely foreign, to the moſt heathen, provoking, oppreſſi…g (as long as th…y be lawfull) powers.
And again. By the words, he beareth not the Sword in vaine, &c. is intimated, that the ſword for vengeance, &c. is put into the hands of the lawfull Magiſtrate, with commiſſion to uſe it as the conſtitution of the Kingdome ſhall beſt direct.
The Author of the fuller Anſwer to Dr. Ferne.Fuller Anſwer &c. pag. 17, 18. Mr. Prin his 3d part of the Soveraign power, &c. pag. 104. The powers that be (i. e.) ſo, or ſo eſtabliſht by conſent of man, are ordained of God to be obeyed, or it's Gods ordinance that men ſhould live under ſome government, and ſubmit, without reſiſtance to that kinde of Government they have by conſent eſtabliſhed. — That other kinde of tyranny (viz. of uſurpation) it hath no right, no ordination at all, and ſo no ſubjection due to it.— There is in every ordained power, as well Gods inſtitution of it, & injunction of obedience to it, as mans conſtitution of it.
Mr. Prinne ſaith, The whole ſcope of this Text in ſum is onelyonly this, that Chriſtians ought in conſcience to be ſubject to all lawfull higher powers, &c. and not reſiſt them in the execution of their juſt authority.
Mr. Burroughs.Mr. Burroughs on Hoſ. Chap. 1. Lect. 6. pag. 157. & Lect. 4. pag. 111. & Lect. 3. pag 65. You muſt obſerve, that every one is ſubject to the higher powers. Mark, it is not to man firſt, but it is to the power. Let every ſoule be ſubject to the higher power, where-ever this power lyeth. It is not to the will of man that hath power, but it is to the power of that man. Now the power, the authority is that that a man hath in a legall way.
He elſewhere tells us, There is no authority we are ſubject to now, but according to the Lawes and Conſtitutions of the Countrey where we live. When things are brought into a Law, and be according to the agreements, and covenants of the place, and Countr…y wherein we live, &c. then the power of God is in it, though it be abuſed (viz. by an ill law made) and we are to be ſubject to all powers. When it once comes to be a power, to be a Law, it is authority, though abuſed, and we muſt ye…ld obedience to it, either actively, or paſſively. But we muſt enquire whether it be a power.
To theſe Authors may be added thoſe others whom I cited before, who hold the reſiſtance forbidden to be made againſt the power of God, Verſ. 2. to be lawfull againſt an un-entitled, or uſurping power: to whom as they are before quoted*Chap 8 ſect. 4., I refer my Reader.
And unto all theſe I may ſuper-add the judgement of diverſe Commentators of the Popiſh party, yet of beſt note of that ſort among us. Eſtius I ſhall recite. An uſurped power, Poteſtas uſurpata, cujuſmodi eſt latronum & tirannorum, non eſt abſolute poteſtas nec ſuperioritas, ſicut leges inutiles & mala, non ſunt leges, Eſtius in loc.ſuch as is that of Tyrants, and Robbers, is not a power abſolutely, neither a ſuperiority. As unprofitable, and evill Lawes are no Laws. Dominicus, Soto, Cajetan, and Pererius I omit to cite in their words. They may be found in Mr. Prinn, and Dr. Willet.
2. And for thoſe that ſpeake to the thing (though not referring to this Text expreſly) to wit, the nullity of a meer poſſeſſory power, or his no authority, I will for brevities ſake but name my Authors, who fully enough ſpeake it, whom my Reader may peruſe, or pretermit as he pleaſeth.Mr. Prin his third part of the Soveraign Power, &c. p. 114. Dr. Willet in loc. qu. 2.
1 That a Uſurper hath no authority in him, is a meer private perſon, ſee Alſted. Theolog. Caſ. cap. 17. Reg. 8. pag. 34. Grot. de Jure B. lib. 1. cap. 4. Sect 11. Arniſaeus de Author. principis. cap. 4. ſect. 12. pag. 124.
2 That no obedience is due to an un-entitled, or illegal power. Aquinas 22a. qu. 104. artic. 6. ad 3. Burroughes on Hoſea, Cap. 1. Lect. 4. p. 111. and Lect. 3. pag. 65. Vindication of Treatiſe of Monarchy. Cap. 3. Sect. 6.
3 That the Sword is peculiar to a Magiſtrate lawfully called. Becanus Inſtit. Theol. loc. 49. qu. 16. pag. 854.
4 That to the being of a Magiſtrate is required a lawfull call. See thoſe quoted before in this Treatiſe. Cap. 1. Sect. 2. Subſect. 3.
5 That to the making of a ſupream Magiſtrate is to go to the vote, or conſent of the people. Take thoſe cited, Cap. 5. Sect. 4 Subſect. 4. To which I will here put in Mr. John Goodwin (as ſwaying much with ſome) In his Obſtruct. of Juſtice. Sect. 25. pag. 27.