The Divine Right and Original of the Civil Magistrate, Chapter 10 · Section 4 – Section 5
SECT. IV. The examples of the Jews ſubmitting to the Babylonian, Perſian, and Grecian Kings, and of the Chriſtians to others, and the command the Jewes had of ſubmitting to the Babylonian, objected, and anſwered.
Objection 4. BUt have we not going before us the examples of the people of God, the Jewes ſubmitting themſelves to the Babylonian firſt, then to the Perſian, then to the Grecian powers? this appears in the Prophecies of Ieremiah, and Ezekiel, and in the hiſtories of Daniel, Ezra, Nehemiah, Eſther, and the Maccabees. And were not theſe uſurpers over them? As alſo the ancient Chriſtians, when there were at ſund…y times thoſe that by no better wayes then murther, force, and bribery aſcended to the Roman Empire, …hey yeilded obedience to ſuch. Yea,CHAP. X. SECT. IV. Subſect. 1. we finde ſ…verall commands, and exhortations which the Jews & with them alſo other neighbouring Nations had from God for ſubmiſſion to the Babylonian Monarch. And doe not theſe Inſtances imply the preſent poſſeſſor to be the power?
Subſection 1. Of the examples of the Jewes, and Chriſtians ſubmiſſion to theſe (ſuppoſed) uſurpers over them.
Anſwer. THis objection muſt be anſwered by pa…ts.
1. For the examples of the Jewes ſubmitting to thoſe Kings of Babylon, Perſia, and G…eece, which the Hiſtories mention, and of the Chriſtians ſo doing to certain violent intruders into the Roman imperiall dignity.
1 Some ſubmiſſion may be yielded and neceſſary to the preſent poſſeſſor, when he is not the power of God, ordained of God, yea, and when another is that power: of which divers precedents have been before given out of Scripture*Chap. 7. Sect. 2. Subſect. 5. & 8.. As there may be actual rule without authority, ſo there may be actual ſubjection, and no allegiance. But this ſubmiſſion is of another nature, different from that which is proper, and peculiar to divinely conſtituted powers. Of which difference ſomewhat ere I conclude.
2 That the Jewes were Subjects by League, and dedition to the Babylonian, Pe…ſian, Grecian, and Roman Empires ſucceſſively, was above teſtified by Mr. Selden, and others in anſwer to the ſecond objection. And if ſo, then they were ſubject to them of right, as to their Magiſtrates, authorized by God. And whe…eas ſome have objected that rule of Deut. 17.14, 15. enjoyning the Iſraelites to ſet to be King over them one of their brethren, and not a ſtranger. To hinder the juſtneſſe of their title, or to illegitimate the ſaid ſubmiſſion of the Jewes to thoſe Rulers.
1 If it did ſo, then is not that their ſubmiſſion to be urged as preſidential to others, or as a proof, that thoſe they ſubmitted to were powers over them of Gods ordaining.
2 But I take that of Moſes to be no diſallowance of the Jewes owning the Babylonian, &c.
1 That rule in Moſes ſeems to point at no other time but their firſt eſtabliſhment, or erection of their Kingdome.
2 It reſpecteth them onelyonly in the condition of the free poſſeſſion of their owne Land.
3 For their ſubmiſſion to the Babylonian, the Scriptures referred to in the objection, expreſly deliver a command from God, the which (if that of Moſes were ſtill, and in that condition binding) was a Superſedeas to what was before given.
3 No particular inſtances are brought when, or who were the Chriſtians that ſubjected, or, to whom, or who the Emperours that uſurped; if any be to be given, either the like anſwer as is now made to thoſe of the Jewes may ſuffice, or a further may be to be rendred. But ſomewhat of the Chriſtians carriage to ſome of the Roman uſurpers will be ſaid anon.
Subſection 2. CHAP. X. SECT. IV. Subſect. 2.Of the commands the Jewes had of ſubmitting to the Babylonian.
2 FOr the commands, and exhortations which the Jewes had to yield to Nebuchadnezzar. 1. Thoſe commands, Jer. 27.1. to the 18.28. 14, 16.38.17, &c. 21.8, 9. ſeem not to have been delivered untill after the King, and people of Judah had firſt of their own accord, yielded up themſelves to Nebuchadnezzar. Compare the ſaid paſſages which reduce themſelves within Zedekiah's reign, with 2 King. 24.1. Jer. 37.2. Ezek. 17.13, &c. 2. If thoſe commands be extended to others beſides to whom they were then perſonally given, they do directly contradict that which they are brought to prove, viz. That a preſent poſſeſſor is to be ſubmitted to, as Gods power, and ordinance. For when theſe commands were directed out, who was the preſent p…ſſeſſor of rule over the Jewes? not Nebuchadnezzar, for Zedekiah, and his people had rebelled againſt him after they had ſworn allegiance to him*King. 24.20. 2 Chron. 36.13. Jer. 52.3. Ezek. 17.13, 14, 15.: and Zed…kiah was now in fact the ſupream Governour: yet are theſe commands given, and urged again and again by the Prophet from the Lord, both to Zedekiah to ſubject himſelf, and to the Prieſts, and people (in caſe Zedekiah would not) to ſurrender themſelves to Nebuchadnezzar: For which he is therefore complained of to Zedekiah as an author of defection*Jer. 38.4..
Theſe commands have been much of late alledged, but they make little for the alledgers purpoſe: they holding forth one as p…oprietor of Dominion, to wit, Nebuchadnezzar, another as poſſeſſor, Zedekiah, and enjoyning the Iewes to deſert the poſſeſſor, and yield themſelves to the proprietor, then out of poſſeſſion.
2. For that command, Jer. 29.7. 1. The matter commanded is no more, but that the Jewes, captives in the City of Babylon, ſhould ſeek the publique peace of that City, and pray unto the Lord for it. Which may be a duty ordinarily incumbent on the people of God in relation to any City, or Territory, whether themſelves reſide within, and be actually under the government of it, or not; and upon whatſoever termes the governm…nt thereof might ſtand; according to the Apoſtles rule*2 Tim. 2.1.. But obſerve, the intereſt of the preſent government is not put into into that command, nominately; nor otherwiſe implyed then as it might conduce to the Cities peace; neither is the ſaid intereſt implyed to be neceſſary to the ſaid publique peace.
2 Such as that precept is, it is apparent to have been but of a temporary nature, and given upon a ſpeciall occaſion of their being captives in that City, and of their being declared to be ſure ſo to be, and there to ſerve the Kings of Babylon untill the end of ſeventy years, and it being declared they were ſent from Judea thither by God for the better place, and their own peace to be bound up in that of Babylon †See this Text it ſelfe, and Jer. 24.5, &c. 25.11.21.8, 9.38.2, 17, &c.. For after the terme of that captivity exp…ed, they are called out thence again, and are taught the contrary carriage towards towards that City, to wit, not onelyonly to depart out of, but to pray againſt it, uſe imprecations upon it, and exultations in its ruine*Jer. 50.8, 28.51.35. Pſal. 137.8, 9..
3. It is in like manner to be ſaid of all thoſe forementioned commands of God to the Jewes, and to the other Nations, for their ſubmiſſion to Nebuchadnezzar, that they were of an extraordinary, and peculiar nature, and not binding to others in like condition. They were ſuch ſpeciall Declarations of Gods will, and diſpoſall as do not impoſe upon any but hoſe unto whom they were particularly made. I may leave it to the determination of any conſiderate man, whether if now the Turk, Tartar, Chinaois, or any other Mahometan, o… Pagan P…ince, yea, or any one of the Princes of Europe, of a warlike ſpirit, and growing more potent in Armes then the reſt, ſhould diſcover his deſignes, make preparations, and give out threatnings for the conqueſt of the Nations about (as then did Nebuchadn…zzar in reference to the Kingdomes of Paleſtina, and others) were the ſaid Princes and States of Europe bound to ſurrender themſelves as ſervants, or tributaries to him, and his poſterity (either for the definite ſpace of 70 yeares, or for the alwayes of his, or their ſtanding up) under payn of deſtruction from God, if they ſhould not, by vertue of that which God declareth to the Kings, and people of Judah, and other Nations concerning Nebuchadnezzar by the Prophet Jeremiah *Jer. 27. per totum.. Or, if a Kingdome be invaded by a forein Potentate, and the chiefe City, and ſtrength of it be by him beſieged, is the ſupream Commander, or the people without him, neceſſarily bound to yield to their Invader, and beſieger, becauſe of what is declared, and denounced to Zedekiah, and them of Hieruſalem †Jer. 21.8, 9.38.17, &c.? Or let the urgers of theſe inſtances themſelves be judges, whether, becauſe Zedekiah with his people having been (formerly) the ſubjects of Nebuchadnezzar, and ſworn to him, and lately revolted from him, and now ſummoned by him to re-deliver themſelves up to him; and they being reproved by the Prophets, Jeremiah, and Ez…kiel, for their revolt, and call'd upon for the ſaid rendition, were thereupon obliged to ſubmit to Nebuchadnezzar: therefore in like manner others that have been under the like obligations to a Prince, and have caſt him off, are in conſcience bound upon ſummons to render themſelves to him by force of thoſe Texts.
CHAP. X. SECT. V.SECT. V. The Objection, from the ſuppoſed goodneſſe which may be in the adminiſtration of a meere poſſeſsory power, anſwered.
Object. 5. BƲt though the ingreſſe, the poſſeſſion of a power be evill, yet the acts, and effects of that power, viz. The lawes, judiciall proceedings, adminiſtrations, counſels, and deſignes thereof may be good.
Anſw. 1. What good of profit may be expected from ſuch a power, hath been diſcourſed of above.
2 A government that is unlawfull as to poſſeſſion, cannot but be unlawful, and injurious as to exerciſe and action: The act cannot be good, if the principle be bad. A government for conſtitution good may for the acts it puts forth be bad; but a government for conſtitution bad, cannot for the acts it puts forth be good. The act which ſuch a power puts forth may be good for matter, or in ſpecie, or in the univerſall nature of it abſtract from it's circumſtances, but it's bad in individuo, or as done by him. The act may be good i. e. profitable to the perſon to whom it's done, but it's not good morally, or politically, it's ſtill evill to the agent. It may be good to him too comparatively, that is, it's better, if he will govern, to exerciſe his power, to act what is materially and to others good, then what is per ſe, vicious, and to others pernicious*Vide Cajetan Summul. Tit. Remp. Tyran. Et Navarri Compendium Tit. Tyran., but it's not good to him abſolutely, and in it ſelfe, for it were ſimply his duty, if a juſt title will not be made out to him, to deſiſt.
To make a politicall action good, to wit, juſt, and legall, there muſt goe, 1. The warrantableneſſe of the matter done. 2. A warrantable calling of the perſon to do it. The former may be, and often is in the actions of men without the latter; by which meanes it comes to paſſe thoſe actions are ſinfull: yea, and often, or for the moſt part, are more banefull then beneficial to others. The note of Sculietus, upon that ſaying of our Savour, Thus it becometh us to fulfill all righteouſneſſe, Decet nos implere omnem juſtitiam, h. e. decet me implere meam juſtitiam, & te implere tuam juſtitiam. Intelligit autem juſtitiam particularem, i. e. operas miniſterii uniuſcujuſque: quemadmodum Plato juſtitiam hanc definivit, foreign. Juſtitia eſt facere quae ſui ſunt muneris, & non curioſum eſſe in al enis negotiis. Scul…et. Delic. Evang. cap. 28. pag. 107. See alſo this point well diſcourſed in Mr. Symonds his Caſe, and Cu…e, &c. cap. 23. pag. 279. Vide etiam Aquinat. 22 ae. qu. 60. artic. 2.may be here pertinently remembred. We muſt underſtand this diſtributively, that is, it becomes me to fulfill mine, thee to fulfill thy righteouſneſſe. He meanes of praticular juſtice, that is, the deed of every ones place reſpectively: even as Plato hath defined this juſtice to be, every mans doing his own, and not medling with anothers office.
3. This allegation may be an inducement to the Subject to beare, and improve to the beſt what he cannot remedy: but it breeds no obligation on him to take ſuch a Ruler to be a power ordained of God: neither gives him a warrant of engaging to the ſaid Ruler as ſuch, in all tyes, and duties refe…ring to a Magiſtrate.