The Divine Right and Original of the Civil Magistrate, Chapter 5 · Section 3 – Section 4
SECT. III. Reaſons to prove that Gods Ordination of the Power is preceptive, or warrantative, not meerly providentiall.
ANd this now remaineth to be proved, viz. That the ordination of God in this text is an authorizing, warrantative, or preceptive, not meerly a providential diſpoſitive, factive or operative Ordination.
1. The firſt thing I ſhall ſay for this interpretation is, that it is, as far as I can obſerve, the ſenſe which our Divines commonly give of this word ordained, in this place. I ſhall name and refer the Reader to ſome Commentators upon it, ſo taking this word, viz. [Beza, Piſcator, Melancthon, Aretius, Willet, (and in him Haymo, Fajus, Hyperius) Tolet, Eſtius, Pareus, Eluathan Par, and the late Annotations of our Engliſh Divines] adding to them theſe other, that citing the words occaſionally, ſo expound it. Calvin Inſtit. lib. 4. cap. 10. Sect. 5. fol. 420. B. [and in 1 Pet. 2.14.] Perkins diſcourſe of conc. vol. 1. pag. 527. A. Althamerus Conc. loc. 179. fol. 192. B. Martyr loc. com. claſ. 4. cap. 15. Sect. 3. pag. 932. cap. 13. Sect. 17. pag. 904. Synopſi. Theol. Diſput. 5. Sect. 17. pag. 752. Grotius De Jure belli. lib. 1. cap. 2. Sect. 2. pag. 23. Jo. White his way to the tree of life, cap. 3. pag. 47. Fuller Anſwer to Dr. Ferne, pag. …8. And let me alſo note that our Divines do from theſe words fetch their main ground to prove againſt the Anabaptiſts the warrant and lawfulneſſe by the word of God, of the Office of the Magiſtrate in a Chriſtian, and over Chriſtians, which argument were void did not ordained of God, here intend an authorization by the warrant of his word. Some of them that make this their main ground I ſhall name. The Harmony of Confeſſions, in that of Auſpurg. Artic. 16. and in that of Saxony Artic. 23. Piſc…or in locum inter obſervat. Bucan. loc. 45. queſt. 18 pag. 856. Synopſ. pur. Theologiae. Diſput. 50. Sect. 18, 17. pag. 751. But let us paſſe from humane teſtimony or opinion unto matter of proof by Reaſon.
2. The nature of the Power here ſpoken of, argues this to be the ſenſe of the words, ordained of God. The Power here is not a meer natural or phyſical, but (as was before ſhewed) a Moral power. Now the text undertaking to deſcribe to us the procedure, or origination of this power, or to tell us whence it is, viz. of God, and how of him, viz. by way of ordination; it muſt intend ſuch an ordination of God as is agreeable to the nature of the power, or ſutable to produce ſuch a power. But natural power is one way from God, Morall power another. Natural power is from the hand of his providence, his efficiency or active concourſe: Moral power is from the mouth of God, from his mouth commanding or authorizing the thing. We aſcribe unto God, as two diſtinct faculties, or qualities, dominion, and ſtrength; authority, and a potency; right to rule, and ability or mightineſſe to act and inforce; a willing or legiſlative, and working power*See above Chap. 1. Sect. 3. And Zanch. de Nat. Dei lib. 4. cap. 8. qu. 3. pag. 424.. And ſutably to theſe two faculties we may attribute to him a twofold act, viz. a Moral, and a Phyſical act; a morall act proceeding from his ſupreme dominion, authority, or right to command; and a Phyſical act iſſuing from his Almightineſs, or infinite potency. The former is the act of his mouth; the latter the act of his hand. And accordingly from theſe two diſtinct faculties, and their reſpective acts in God there is communicated to the creature a double power: a Moral power, that is a derivative right, or warrant, or authority to have, or to do this or that; and this comes from the ſaid Moral act of God: a Natural, or Phyſical power, a force, ability, or prevalency to this or that operation, derived from that Phyſical act of God. Now then, when it is ſaid here, the powers are from God, ordained of God, theſe powers being moral, the meaning muſt be they are of Gods mouth, ordained by his precept or word, calling, and authorizing them to their dignities, and functions. The truth is, nothing hath any obligation or morality, but by virtue of the law of a Superior; a meer Phyſical act of it ſelf cannot introduce a moral obligation; as Mr Selden, and others have well manifeſted, unto whom I refer my Reader*Selden de Jure Natur. lib. 1. cap. 7. pag. 93, 94. & cap. 8. pag. 106, 107. Vindication of the Treatiſe of Monarchy. cap. 3. Sect. 6. pa. 18..
3. I argue from the ſubjection which is in this verſe commanded to be paid unto the powers here ſpoken of, to perſwade whereunto is the Apoſtles ſcope in theſe words, and for the urging on of the ſame, this is his firſt and principal reaſon, The powers to be ſubjected to, are ordained of God. Now let be conſidered what the nature of this ſubjection is in the intent of the Apoſtle, and it will help well to lead us to his meaning in theſe words, ordained of God. The ſubjection injoyned is not a paſſive ſuccumbency, or patient ſubmiſſiveneſs under the thing to be ſubjected unto, as under a burden or croſſe; but it is a free, willing, voluntary and active ſubmiſſion, or ſubordination; the former hath an eye directly unto a thing as being by Providence or the hand of God; and were that the ſenſe of the ſubjection here required of Chriſtians, it would be ſutable and convenient to underſtand this ordination of God of a meer providential being of him. But evident it is, that the precept, Let every ſoul be ſubject to the higher Powers, bears the latter conſtruction, to wit, of a voluntary and active ſubordination. The verbe foreign ſo ſignifies. Divines obſerve upon the word, it imports a ſubjection according to order, and ſuch a ſubjection as is that of perſons, that ſtand in a relative inferiority to their ſuperiours, as wives, children, ſervants, and ſubjects to their reſpective correlatives; who are not only to bear them that are over them, but to be ſubordinate to them with good will, and in many duties and offices to act under and ſerve them. They note alſo the word is of the middle voice, and therefore ſignifies actively, as well as paſſively, and is therefore in other places tranſlated in the active, as, ſubmit your ſelves, ſubmitted themſelves, &c*See Rom. 10.3. 1 Cor. 16.16. Eph. 5.22. Jam. 47. 1 Pet. 2.13. & 5.5.. The quality of this ſubjection is further characterized in the ſubſequent verſes, as, that it muſt extend ſo far as to exclude reſiſtance of the power, we may not reſiſt, or caſt it off though we could (verſ. 2.) Yea, but on the other hand, we are to ſupport and maintain it, we are to miniſter unto it the materials whereby it may be kept up, and continued to rule over us (verſ. 6, 7.) and the ſubjection to it muſt be of conſcience, as the principle of conſcience is contradiſtinct from terror, and compulſory puniſhment (verſ. 5.) and further the aforeſaid ſupport and maintenance muſt be yeelded to it, as a due, and debt, and that owing not only to God the impoſer or ordainer, but of juſtice to the power it ſelf ordained. Now can a ſubjection of this nature, containing all theſe things he built upon the being of a thing by meer eventual Providence? the coming forth of a thing ſo of God can be no cogent, or ſolid reaſon for ſuch a ſubjection unto it. There are many things thus proceeding from and ordained of God, which we are not bound to acquieſce in, or let be as they are, much leſſe to maintain and uphold in their poſture; but our wils, our deſires, our prayers, our endevors may be, yea of duty muſt be againſt them. Death, ſickneſs, perſecution, wrongs, famines, plagues, predatory wars, and innumerable more things are providentially ordained of God at certain times here, and there to fall, and never come but by ſuch an ordination, yet may they be endevored to be repelled, or removed. And this is the reaſon which authors commonly give for their underſtanding the words not of a ſole providential, but of an inſtitutive ordination*Tolet in loc. & Grotius de Jure Belli lib. 1. cap. 2. Sect. 7. pag. 23.. There is indeed due unto every providence of God, though never ſo inflicting or heavy, ſome kind of ſubjection, that is patience, or a contented and compoſed minde and behaviour under it, but there is a great deal of difference betwix this, and the ſubjection here due to the power. The work or office of the former, viz. of patience, is not to form the minde to will, or deſire the being or coming to paſſe of the thing which is to be born, nor to command the perſon to a concu…rence in procuring or continuing it upon himſelf, but preſuppoſing it muſt needs be ſo, it is to frame the heart to bear it in a right manner, to wit, quie…ly, and without grudging; innocently, and without evill doing, or ſpeaking; confidently, and without deſpondency or caſting away hope in God. And this bearing it bindeth unto only for preſent, or during the known incumbency of the evil, that is ſo far as it appears neceſſary and inevitable, as being from the wil of Gods purpoſe, and impoſition of his hand; which kinde of ſubjection well admits and conſiſts with the uſe of means for the repelling, and of remedies for the ceaſing, and ending of the evil ſuſtained, the uſe of thoſe means, reſpecting not that which appears to be the wil of Gods counſel, but that which is to come, or that part and duration of the evil which is behind, & therefore uncertain to the bearer, whether God will have it to be or no. This is the ſubjection of patience, which therefore properly hath reference to a providential divine ordination, but the ſubjection of a relation of inferiority in a civil ſtate, whereof the text treats, is of another ſtampe; it muſt ſway the mind to conſent to the power, to act for, & contribute to its ſtanding, and to refrain all counter workings of hand, or ſpirit againſt the ſame: and the ground hereof is, becauſe it hath reſpect to a divine ordination of inſtitution, the which inſtitutiō hath preſcribed the power both to be, and to have ſuch a poſture of ſubjection yeelded to it.
To ſay the power is ordained of God providentially, and therefore to be ſubjected to with a ſubjection of this latter kind, to wit, which bars out all reſiſtance, or attempt to alter, or order any thing againſt its ſtanding, or proceeding, is to ſay, that whatever is ordained of God providentially is ſo to be ſubjected to: and what were this but to forbid and put a Superſedeas upon all humane actions, and to bind all the men in the world to be as ſtill and void of motion as if they were dead, ſo that none of them in any affair may once ſtir, either hand, foot, tongue or thought? for there can be no motion of any of theſe, but it muſt carry in it an alteration, change; or ordering of ſomething otherwiſe then Providence hath already ordained it. For this we all ſay; the preſent poſture of all the things in the world, even to the placing of a Sparrow upon the ground, or the hair of a mans head, is ordered by divine Providence; now no creature can move without altering in ſome particular the preſent poſture of things; if then whatever is ordered by Divine Providence, muſt be ſo acquieſced in, or under, that none may attempt to counter-order, or alter any thing in it, every man is bound to a ſurceaſe of all action, even to the very drawing of his breath.
4. I argue again from the prohibition of reſiſtance of the power, and the due and proper ſenſe wherein it is to be underſtood. For I ask, Is reſiſtance abſolutely, or in every ſenſe imaginable, or all manner of reſiſtance whatſoever, here forbidden? There are none but they will, or muſt confeſs that ſome reſiſtance is to be excepted out of this prohibition, and is allowable*See Dr. Willers He…capla…on Rom. 13. qu. 7. pag. 583.. It is lawful for a Subject to defend himſelf in perſon, and eſtate by Petition, and plea in the Court againſt his Soveraign. Likewiſe if his Prince perſonally and wrongfully aſſault him to the manifeſt and immediate perill of his life, it is permitted him to ward off, and defenſively put back that undeſerved, and extrajudicial violence. Yea further, it is not only lawfull, but a duty to deny obedience to ſome of the Magiſtrates commands, backed with penalties, and not only ſo, but to act to the contrary of them, as is manifeſt by the example of the Apoſtles doing contrary to the prohibition and th…eats of their Rulers, and the warrant they alledged for their ſo doing [Act. 4.19. & 15.29.] What then is the reſiſtance which is here forbidden, and how to be circumſcribed? The ordinary, (and I ſuppoſe rational and expedient) reſtriction put upon the words is, the Power may not be reſiſted, that is, the lawfull being and proceeding of the power, that which is of God, is irreſiſtible; or all reſiſtance is forbidden which can be ſaid to be a reſiſtance of the ordinance of God (as to deſtroy the perſon in whom the power is placed by G…d, or to deprive him of the authority committed to him, or to hinder the juſt exerciſe of it.) Now if we take the words, of God, ordained of God (which are the ſtrongeſt reaſon and meeteſt circumſcription of the irreſiſtance here inſiſted on) to ſignifie a providential efflux from God, there is no limitation in them, but an abſolute illegitimation of all acts of reſiſtance, even of thoſe aboveſaid to be generally, and juſtly allowable, as well as any other, and an impoſal of ſubjection, without any manner of reſiſtance, to all the outrages of the immaneſt Tyrant. All the injuries and illegalities of every Superiour are providentially diſpoſed of God, and therefore as wrapt up within this term Ordinance, ſo underſtood, would be irreſiſtible. It remains neceſſary therefore that we here take Ordained, and ordinance, in an inſtitutive, or legiſlative, not in a meer providential way of ordination.
5. A reaſon alſo may be taken from the penalty annexed to that reſiſtance of the ordinance of God which is here diſallowed, they that reſiſt ſhall receive to themſelves damnation. An ordination of Providence may be reſiſted, (that is, endevoured to be prevented or altered) and no damnation incurred, yea oftentimes ſuch a reſiſtance is the fulfilling of a mans duty. The evill which God in his ſecret purpoſe intends, and his Providence is viſibly working to bring or to continue, it may be lawful, yea a duty for us to labour the not falling, or our eſcape of; as on the other hand we may, and ought to ſeek the attainment of thoſe good things, which God wils never to beſtow upon us. Wherefore if an endevor to reſiſt, and fruſtrate an ordination of Providence be a matter of no guilt, or demerit of damnation, it muſt not be ſimply that; but an ordination of precept which the Apoſtle here threatens with that ſentence.
6. Once more I argue from the reſiſtance, and the reſiſter of the Power condemned in the ſecond verſe. That cannot be the ſenſe of the term ordained of God, which may be ſaid of him that reſiſteth the power, then when he reſiſteth, and in reſpect of his ſo doing, and that cannot be the ſenſe of that attribute the ordinance of God, which may be ſpoken of the reſiſters act of reſiſtance of the power; but to be in the place of power by eventual Providence may be ſaid of the reſiſter of the Power, then when he reſiſteth, and in reſpect of his ſo doing; and the reſiſters act of reſiſtence of the power, may be ſaid to be by a providential diſpoſal: Therefore a being in the place of power by eventual Providence cannot be the ſenſe of thoſe terms, ordained of God, the ordinance of God. Both the premiſes I take to be ſo clear as not to need confirming. If the minor ſhould be ſtuck at, I would ask what branch of it can be denyed, or counted any thing obſcure? I will only illuſtrate it by inſtance. Was not Abſalom, was not Athaliah in the place of power by eventual Providence? and was not both the one and the other a reſiſter of the power, the former of David, the latter of Joaſh? and was not their very being in, or occupying the place of power (as they did it, viz. by Trechery and violence) an act of reſiſtance of the power, in that thereby they kept out the power that was truly of God,CHAP. V. SECT. III. viz. David and Joaſh?
7. To be ordained of God muſt needs be taken in ſuch a ſenſe as that the term may alwayes be predicated of, or agree to every power that is intended in the Text; but if we take ordained of God to mean an actuall being in poſſeſſion, or place of rule by divine Providence, this cannot alwayes be predicated of, or agree to every power that is intended in the text. As it did appear in the laſt foregoing argument, that ſuch a being in the place of rule may agree to ſome that are not the power, but are the reſiſters of the ſame; ſo here it may be evident that it may not agree to them that indeed are the power. The Providence of God doth ſo order it ſometimes, that the Power or Civill Magiſtrate is not only diſturbed and diſquieted in, but outed and extruded from actual rule, or poſſeſſion of the ſeat of Magiſtracy, he ſtill remaining the power. That he that is the power may be providentially out of poſſeſſion will be fully argued a little after. Here I will only point at thoſe two even now mentioned inſtances. Who can deny but that David and Joaſh at what time they were diſſeiſed by Abſalom and Athaliah, were yet ſuch powers as the Apoſtle here means to command ſubjection to, and to perſwade thereto by this argument, becauſe they be of God, ordained of him? and that which befell thoſe two Princes may, at the pleaſure of God, be the providential lot of any other. Thoſe whom the precept of God (in this verſe) requireth to be obeyed, his Providence may at the ſame time ordain their diſſeiſure. Wherefore if it cannot be ſaid univerſally of all the powers included in this text, that they are providentially ordered of God in an actual rule or domination, we muſt take the text to intend ſome other kind of ordination, and that will be no other but an injunctive impoſal.
8. I argue from the end for which the power is ordained of God, expreſſed (verſ. 3. & 4.) which is to be a terror not to good works, but to the evill. To be a Miniſter of God to thee for good, to be a revenger to execute wrath upon him that doth evil. Commentators obſerving upon the words that the powers in their proceedings do not alwayes hold correſpondency to theſe ends or uſes,Calvin. Pareus. but not ſeldom do act directly counter to them, they therefore rightly tell us, the Apoſtle herein ſpeaks not what the Magiſtrate always is, or doth, but what he is ordained to be, and do; not what his action, but what his office or inſtitution is; not what is de facto, but what ever ought to he, and de jure, is his level and ſcope. Here then is an evident ground to conclude it is not providentiall, but preceptive ordination which the Apoſtle intends. Providential ordination doth ever take effect, or indeclinably accompliſh its end. The difference (as was before noted) betwixt theſe two ordinations (preceptive, and providential) is, that the former is often diſobeyed, and departed from by men to whom it is given, but the latter holds on its courſe, and attaineth his purpoſe without ſail; it never comes ſhort, or is defeated of its end. If we will ſay the ordination here meant is by Providence, and the Providence of God in the giving of all Magiſtrates propoſeth; and makes at this, that they be a terror not to good works, but to the evill, &c. We muſt thence ſay, it would then ſo come to paſſe, and be univerſally verified in every power, and in every adminiſtration of every power. But the contrary to the whole ſtrain of thoſe two verſes (viz. the 3. and 4.) experience findes to be the practiſe of divers Rulers. Whence I infer the ordination of God here intended is inſtitutive, or preceptive.
9. And laſtly, Another argument there is to be raiſed from the conſideration of the end which the Apoſtle declares the Civill powers to be ordained for; and it is this, The ordination that is here meant doth ſet up Powers, to be a terror not to good works, but to the evill; to be a Miniſter of God to thee for good; to be a revenger to execute wrath upon him that doth evill: and this we muſt underſtand to be their conſtant, and perpetual end: but Providence doth not ſeldom ordain powers (in judgement, and for correction to people) for quite contrary ends to theſe*1 Sam. 8.11, to 18. Hoſ. 13, 11.. So it is often that Rulers are not a terror to evill workers, but to the good, Miniſters of God for evill, executors of wrath not upon the evill, but upon the well-doer. And if ſo it come to paſſe, we muſt needs ſay it is ſo ordered by God in his Providence: and if the Providence of God doth ſo oftentimes intend and diſpoſe that Magiſtrates are a ſcourge to virtue, and indulgencers of wickedneſs, then we cannot ſay, unleſſe we may ſpeak contradictories, that the ordination of the powers, by which they are ſet up conſtantly, and only for the puniſhment of evill doers, and the praiſe of them that do well, is an ordination meerly by Providence.
Thus I have diſcharged (as I could) the Second thing I propoſed to do for the opening of this term ordained of God, which was to lay down poſitively the ſenſe which I conceive it to bear in this place, with my Reaſons confirming and concluding the ſame, I goe on to the Third.
CHAP. V. SECT. IV.SECT. IV. Gods preceptive ordination of the Power explained, particularly how it is communicated to this or that particular Magiſtrate.
GOds ordination of the powers being ſuppoſed to be preceptive, or to involve an act of warrant, authorization or commiſſionating of them by his word or law: The third thing I promiſed is an explication of this ſpeciall ſenſe which I give of the words, ordained of God.
That which I take to need ſome explication is, what this act of ordination thus conſtrued imports, and eſpecially how particular powers may be ſaid to be thus ordained of God; or, how Gods preceptive, or legiſlative ordination deſcends, or is derived to this, or that individual power, which hath not his expreſs, extraordinary, or immediate nomination to the place of rule, as Saul, David, and ſome others, found in Scripture, had.
Ordination here, I conceive, intends as much as creation, production, or putting of the power in being. So that when the Apoſtle ſaith, the powers that be are ordained of God, his meaning is, they are by him made, created, or put into the ſtate of Powers. Whatſoever therefore goes to the enſtating or erecting of a Magiſtrate, or the inveſting of a perſon in that office, or function, that I take to be imported in this word Ordination, and that I underſtand by theſe words to be aſcribed unto God. This is it then, the Power is ordained of God, that is,CHAP. V. SECT. IV. Subſect. 1. whatſoever is effective or productive of a Magiſtrate is derived from God.