The Divine Right and Original of the Civil Magistrate, Chapter 5 · Section 4 · Subsection 3
Subſection 3. That conſtitution of the Power, or putting in of the particular Magiſtrate is of God, and how, or by what means he doth it.
SEcondly, The conſtitution of Magiſtracy, this, both as to the determination of the form, and compoſure of the Government, and as to the individuation or inveſture of the perſon is from God. Yet not alwayes, and in every ſtate after the ſame manner.
1. We read God did ſometime,CHAP. V. SECT. IV. Subſect. 3. unto the Common-wealth of Iſrael, ordain both the ſpecial form of Government, and the particular perſons in whom it ſhould reſide, by peculiar revelation. So it was in the government of Iſrael by Moſes, Joſuah, Gideon, Deborah, Saul, David and his poſterity.
2. But beſides that way of peculiar Revelation, proper to that people, and thoſe perſons and ſuch other as are in like manner mentioned in Scripture, God hath another, which is his ordinary, and conſtant way of determining the ſpecial form of Gove…nment, and deſigning the perſons for it, to wit, by giving order and direction to men how to proceed in their vacancy of Magiſtracy, and by leading and ſteering men according to that his order unto the conſtitution of it among them. For our right underſtanding, and evidencing of this way of Gods ordination of particular Magiſtrates in particular States, let theſe few particulars be conſidered.
1. Gods ordination of Powers muſt needs import Conſtitution as well as Inſtitution; that is, wherever there is a power ordained of God, not only that Magiſtracy ſhall be, but the ſpecial form, and particular perſon is ordained of God; he ordereth what ſhall be the platform, and who ſhall be the Magiſtrate*Exiſtimo Apoſtolum primum quidem teſtari in genere jus ipſum, & poteſtatem Magiſtratus a Deo eſſe; deinde hujus poteſtatis diſtributionem eidem Deo vindicare. Beza in loc. Men have no title to Authority, but by deputation from God, as the Apoſtle expreſly teſtifies, Rom. 13.1. Jo. White his way, &c. cap. 3. pag. 47.. This is the ſenſe of that which is ordinarily ſaid, that the Magiſtrate hath his power by deputation from God. And this muſt needs be acknowledged; otherwiſe we could not ſay of the Powers that be, or (as ſome urge the words) are exiſtent, that they are of God. It is conſtitution that puts Magiſtracy in being. By virtue of the general rule, or command given to all States, that there be a government in the Common-wealth, no man is, or c…n claim to be the power more then another, nor is this man bound to be a ſubject more then that;CHAP. V. SECT. IV. Subſect. 6. nor are the people tied to own, and ſubject to this man as their Magiſtrate more then to another, or then he is to any of them, or is any ſpecial form, or kind of government expreſly either juſtifiable, or reprovable more then another; nor is the ſetting up of Magiſtracy the work or intereſt of any in particular more then of others: So that if many perſons ſhould ſtart up, and claim the ſeat of Magiſtracy each to himſelf in peculiar over the ſame. Common-wealth, or if in it divers parties, either of that body politique, or forein to it, ſhould enterpriſe the erection of Magiſtracy, each of them in their own way, and oppoſitewiſe to one another, no one of them could be owned, or binding, or entitled to the ordination of God, by virtue of that general command more then another. It were to aſcribe to God a bootleſs, void, fruſtraneous act to ſay he hath ordained Civil power to be, but taken no order in whom it ſhall be, or how it ſhall be conveyed to any man, without an order or rule for conſtitution, that law, that there he a Magiſtracy, may ſtand written in the word of God, or in the heart of man by nature, and never take effect or be acted. God doth not ordain name or notions of things, but their beings and realities, and in ordaining them, he muſt be ſuppoſed to ordain the acts, method, and courſe of their production. We ſay of his will of decree, and it muſt hold alſo of his will of command, God not only ordaines the end, or that a thing be, but the means alſo, or how, and by whom it ſhall be. Civil power being one of thoſe things which the law of God both by nature, and in Scriptu…e hath ſubjected to property, or affixed to a peculiar having and holding, by virtue whereof this man is enſtated and entitled to this office, and another is not, ſuch a property, or peculiarity of tenure, or reſervedneſs cannot be without a law for the circumſcription of mens wils & hands in the acquiſition and poſſeſſion of it. Now if ſuch a law be fixed by God, it muſt needs be ſuppoſed that ſome rule, or direction is given by him for the founding and transferring of this property,CHAP. V. SECT. IV. Subſect. 7. and for the diſcovery of it in whom it is. We muſt therefore come to this concluſion; viz. To ſay God ordaines the Powers, is to ſay he regulates, and preſcribes by a law mens wils, and actions about it, and in reference to the giving, taking and uſing of the Magiſtracy. The words of Pareus (and with him of Willet) upon the place are to this effect, Ordained, foreign, Ordinatae, ſignificat eſſe poteſtates a Deo ordinatas, h…e certis limitibus juris, & honeſtatis circumſcriptas, intra quas niſi ſe contineant, ab ordine divino exorbitent. Pareus in loc.ſignifies that the powers are of God ordained, that is, are circumſcribed by certain limits and rules of right and honeſty, within which rules unleſs they contain themſelves they degenerate from the ordinance of God. And this circumſcription doubtleſs muſt neceſſarily be admitted as well in relation to the aſſuming as to the uſing of the power.
Once more, If it were not ſo that Gods ordaining of the powers doth import, not only that he inſtitutes magiſtracy to be, but that he conſtitutes every particular Magiſtracy, we could not ſay that an inſurrection againſt this, or any particular Magiſtrate, or to depoſe him, and occupy his place were a ſin or a trangreſſion, and reſiſtance of Gods ordinance (as the Apoſtles words verſ. 2. without queſtion intend) for to take away or controul a particular Magiſtrate cannot otherwiſe be an entrenchment upon Gods ordinance then upon the particular Magiſtrates being ordained of God. So much (that God inſtitutes Government to be) would ſtand unſhaken by ſuch an act, or would conſiſt well with it; for ſtill, it notwithſtanding, it would be undetermined who were the power, and ſo it would be left as free and lawful for the reſiſter to take the place, as for the reſiſted to hold it; the inſtitution would be ſatisfied if any poſſeſſed it. Wherefore we muſt needs ſuppoſe God doth in every Commonwealth conſtitute the proper and particular Magiſtracy, where ever it can be ſaid to be ordained of God.
2. In regard God doth not ordinarily by any ſpecial revelation determine the conſtitution of the Civil ſtate, that is, point out what ſhall be the ſpecial form of Government,CHAP. V. SECT. IV. Subſect. 3. and who ſhall be the Governours in this or that place, we muſt therefore conceive him to manage this matter ordinarily, mediante homine, or by men, and that is, by his defining the way of erecting Magiſtracy, or giving order, and preſcribing rules to men how they ſhall proceed in the ſetting up of it, and by mens proceeding accordingly. They that ſay the law, and light of nature enacteth Government, to be in the Civill ſociety, tell us alſo that by nature no man is actually conſtitute a Magiſtrate more then another, and that nature hath left all men equall, and free, or unengaged (in actu exercito, they mean) to any one particul r form or perſon*Ariſtot. pol. lib. 3. num. 102. Selden de Jure Nat. lib. 1. cap. 7. pag. 92. Hobs Elements part. 1. cap. 1. Sect. 1. & cap. 4. Sect. 1.. Wherefore it muſt needs be concluded ſeeing God by the law of nature hath injoyned government to be, but hath ordered no particular in it with application to ſingulars, he hath committed it to the poſitive tranſaction of men, to be diſpoſed according to certain general rules of juſtice, and prudence given by him. It is not imaginable how God ſhould impoſe or require any diſtinct ſtate, or ſpecial relation, and order to be amongſt a multitude of men, or other his creatures, but be muſt be ſaid either immediately by himſelf to create it, or to ſet down from what cauſes, or out of what principles it ſhall ariſe.
3. For the diſtinct underſtanding of the manner, or how many wayes God interpoſeth and concurreth in the conſtitution of particular Magiſtrates, in regard of which interpoſal the individual, or particular power may be aſcribed to Gods ordination, I ſhall note.
Some things God doth herein immediately, and ſome things mediately.
1. Immediately, and by himſelf he doth declare ſuch, and ſuch formes of Government to be lawfull and eligible, and he doth order where and in whom the intereſt ſhall be to make choice which of thoſe forms in particular, and who the perſon or perſons ſhall be that ſhall be placed over this or that ſtate reſpectively.
2. Mediately, and by men he doth enſtate every ſpecial kind of Government, and every particular Magiſtrate, that is, he doth ſet them up according to thoſe rules which we ſay are immediately given by him.
And this his mediate concurrence is two ways.
1. The authority or warrant of his word, rule or law goeth along with thoſe that act therein according to the ſame. And this is his moral concurrence.
2. His work or hand of Providence guideth the wils and exterior actions of them that proceed according to thoſe rules; and this is his phyſical concourſe.
We do not therefore exclude the Providence of God from the ordination of the powers that be: but we attribute to it its proper place and uſe; which is to perſue, and execute the authority and rule of his word, from which in the production of Magiſtracy we cannot, neither ought by any means to ſeparate or disjoyn it, ſo as to make it conſtitutive of a Magiſtrate. And this act of Providence is far different from that which ſome would confound with it, and ſo put as the whole of ſole baſis of Civill government, as to conſtitution, to wit, a perſons meer poſſeſſion, or occupation of the ſeat of Majeſty, or a bare phyſical predominancy: for this may be, and yet no Magiſtracy; and this, though it be due to the Civil Magiſtrate, yet it is ſeparable from it, as this diſcourſe I hope will manifeſt. The act of Providence which (as far as I can apprehend) may be productive of Civill power is that which diſpoſeth of the title or right, and not of the meer poſſeſſion of the throne; that which guideth mens wils to conſent, or give a call, or confer on the one part, and to accept of it on the other; and not that which only ſwayeth mens hands, on the one ſide lifting up an arme of force, as a puniſhment over a people, on the other binding the hands, and leading away captive Princes, and people, that however diſagreeing, or relucting they can make no effectual reſiſtance.
4. Though God do not by immediate revelation aſſign to every particular State what ſhall be the ſpecial model of their government, and who the perſons to ſuſtain it, yet where men do act in the aſſignation of theſe for ſubſtance according to the preſcript or rule given out by God unto all, there is a power ordained of God, and (unleſs when a ſpecial revelation comes from God determining theſe particulars) there only, or not otherwiſe.
This Propoſition hath two parts, a poſitive, and a negative.
1. The poſitive is, when men do act according to divine rule, in the moulding of government, and advancing of perſons to wield it, there the conſtitution may be ſaid (according to this text) to be of God, and the particular Government, and Governors to be ordained of God. Immediety of deſignation from God either of platform, or perſon is not neceſſary to the beſtowing of this ſtyle, of God, ordained of God, upon the particular Magiſtracy. It is in this caſe as it is in the point of any ordinary right or property. God hath ordained a perpetual law of juſtice among men (thou ſhalt not ſteal) by which every mans property in his goods is required to be reſerved to him; and he hath given, either in his word, or by the light, and law of nature a ſufficient rule to determine, what ſhall be right, what wrong, and how property in any poſſeſſibles ſhall be acquirable; yet all this by it ſelf inveſts no man in any right to any goods in particular: it is a humane qualification or tranſaction which ſupervening, and being bona fide paſſed, now enſtates men in an actual right to any goods; and when this is emergent, this or that mans title or property in theſe particular goods is aſſerted by God, and then it may be ſaid, it is Gods ordinance that this man have and injoy theſe goods, and a tranſgreſſion againſt the ſame it is for another man without like warrant from God to diſſeiſe him of them. The truth is, the moſt, if not all, the moral precepts of God, and perpetual laws of nature are ſo made, and delivered to man, as that to the putting of them in practiſe, or the bringing of their obligation into act there muſt intervene ſome poſitive conſtitution either from God or man, and moſt commonly it is from the latter.
The Schools tell us that humane poſitive conſtitutions do determine the law of nature as the form ſpecificates the matter, or the particular matter determines the generall*Vide Cajetan in Aquin. 1. 2ae. qu. 95. art. 2. Widdingtons Rejoynder cap. 8. num. 20. Selden de Jure Nat. lib. 1. cap. 8. pag. 106. Hooker Eccleſ. polit. lib. 6. pag. 151, 152. Grotius de Jure lib. 1. cap. 1. Sect. 10.. That wives, children, ſervants, ſubjects own their reſpective ſuperiors, and pay them their duties is the law of God, but there are certain humane acts which are the immediate foundation and riſe of theſe relations, and ſo of perſons lying under the duties, which ſeverally belong to them; which acts once paſſed the bounds of relation, and duty do take hold of the perſons reſpectively by virtue of the divine ordination. Our Saviour ſaith of marryed perſons, What God hath joyned together let no man put aſunder. Marriage then in all marryed couples is a conjunction made by God; but how comes that ſeeing moſt that marry have no recourſe to, or particular direction from God, when, whom, or how to marry, probably never think of any ordinance of God about it, but only to follow their own or others counſels and wils in it? Why thus it is, God in the beginning authorized marriage to be betwixt man and woman, and appointed how it ſhould be tranſacted, to wit, by the mutual conſent, or cleaving together of each party: and enacted other rules concerning it, as touching proximity of bloud, &c. And now by virtue of this his ordinance, what ever couple do accordingly contract, are joyned together by God. The ſame may be exemplified in the office of the Miniſtery of the Goſpel. Chriſt hath given commiſſion to certain in the Church to ordain Elders, and when ſuch are accordingly ordained, they a…e then the Miniſters of Chriſt, and ſtewards of the myſteries of God, and are ſaid to be made by the Holy Ghoſt*Act. 14.23. 1 Tim. 4.14. & 5 22. Tit. 1.5. 2 Tim. 2.2. with Act. 20.28. 1 Cor. 4.1..
In the natural body God is ſaid to have given more abundant honour to that part which lacked, [1 Cor. 12.24.] How it is ſaid God hath given this honour? it is not by his making that part more comely then other parts, for contrarily the words are ſpoken of thoſe parts that by making are more uncomely, and leſſe honourable then the reſt. But, in as much as we by an inſtinct of nature do repute ſome parts naturally leſſe honourable, and more uncomely then other, and thereupon do b…ſtow more abundant artificial honour and comelineſs upon them, viz. do more cloath, and cover them with dreſſings; in this regard, what is upon that conſideration thought fit by man to be done in the diſtribution of honour to his natural parts in ſuch an inequality as may fill up the natural diſproportion, God is ſaid to do, viz. by directing us by natures inſtinct to do it.
The Judges of Iſrael for thoſe 450. years mentioned by St. Paul, are ſaid to be given them of God, and to be raiſed up to them of God, and that he commanded them to feed his people *Act. 13.20. Jud. 2.16, &c. 1 Chron. 17.6.: and yet we read not of any immediate particular, expreſſe call from God given to them all, or to the moſt of them, none of them, I take it, can upon any evident ground be ſuppoſed to have had any ſuch, except. Deborah, Gideon, and Sampſon; but a mediate call from God, by men, that all of them doubtleſs had: and of Jeptha his call of this nature the text at large informs us†Jud. 10.5.. from ſuch an orderly call by men we may therefore take it to have been that they were given, raiſed up, commiſſioned to that people of God
We all acknowledge Subordinate Magiſtrates to be ordained of God, and many of our Commentators include them as well as the ſupreme in this text, and Mr. Calvin, Calvin in loc. Spanhem. Dub. Evang. part. 3. Dub. 64. pag. 288. Eſtius in Ro. 13.Spanhemius, and Eſtius takes thoſe words, [in 1 Pet. 2.13.] ſent by him; to refer, not unto the King, but to God as the ſender; yet thoſe inferior Magiſtrates have their election, and deputation from the ſupreme humane power; but they are notwithſtanding, reckoned to be of God, in as much as they are ſurrogated by them who are empowered by God to do it.
Our Saviour ſpeaking of all Magiſtrates, ſaith that unto them the word of God came, that is,Joh. 10.35. as Expoſitors interpret theſe words, God hath given out to them a warrant, and commiſſion for their offices. But how is that? the ſpeech certainly can have no reference to an immediate deſignation from God in relation to the moſt of them, but the word of God comes to, or authorizeth them, who are advanced to the ſeat of power by men according to his word.
We may take this then for clear, that the conveying of power from man ſo man, may make a power ordained of God; only with this proviſo be it ſaid, this is not meerly becauſe it is done by men, for neither every humane action, nor every act of any whomſoever in this matter can entitle this effect to divine ordination; but it is becauſe, and ſo far forth as this is done of men by virtue of a rule, and warrant from God, and therefore hath the authorization, and ſeal of God upon it.
Wherever therefore ſuch a platform of Magiſtracy is erected, and ſuch perſons are inveſted with it as God hath declared eligible, and this by them to whom God hath committed this management, and ſuch power placed in the perſons, as he hath legitimated, there is a power enſtamped with this of the Apoſtle, of God, ordained of God. And this is the ſentence of Commentators on the text, and others that treat on this ſubj…ct. As
Peter Martyr.P. Martyr loc. com claſ. 4. cap. 13. Sect. 5. Sometimes this (to wit, the creation of the power) comes to paſſe by the conſent of the Senate, ſometime by the ſuffrages of the people, but theſe are but inſtruments, the proper cauſe of Magiſtrates is God himſelf.
Pareus.P…reus in loc. ſub. dub. 3. Neither do ſecond cauſes exclude the firſt. In old time God by an immedia e call advanced ſome Magiſtrates, & Kings to the throne, as Moſes, &c. But the reſt, as the 70. Elders, he by mans act, and counſel placed in power, and yet ceaſeth not ſo to do, and that according to the laws and cuſtom received of every people; either by the election and conſent of a Senate, as now the Roman Empire; or by the voices of the people, as the Governers of the Cities that are meerly or mixtly democratical, &c.
Tolet in loc.Toler. Of God, as of the firſt principle, and cauſe the powers proceed, although by the intervenient wils of men, as heat, cold, and the like are of God, but by intermediate ſecond cauſes.
Eſtius in loc.Eſtius. The ſecular power is mediately of God, by men, who by the inſtinct of the law of Nature, ſet over thoſe of whom they may be governed in a community. For this inſtinct is of God, ſo that by reaſon thereof it may be truly and poſitively ſaid, that this power is not but of God.
Mr. John Selden.Selden … de Jure Nat. lib. 1. cap. 8. pag. 108. But whatſoever by that licenſe is conſtituted variouſly betwixt men civilly, and duely according to the ſeveral formes of Government, only by way of determination, as the Schoolmen ſpeak, ſo as not to be contrary neither to the natural, nor the poſitive law of God; that alſo receiveth ſanction and obligation, according to the ſeveral qualifications of the conſtitution, from the ſaid law which is both naturall, and divinely poſitive or written.
Willet upon the place. As the fruits of the earth are brought forth by mans labour, yet are Gods gifts, ſo is Magiſtracy, &c.
2. The negative is, Whatever power (ſo named, or pretended) there may be, or whatſoever perſons there be that take upon them to be the Power, or Magiſtrate over a State, and are not thereto appointed, or therein enſtated, as is aboveſaid (that is, either by ſpecial expreſſe revelation from God, or by men proceeding upon, and by virtue of a warrant, or authority from God) they are not a Power ordained of God. This will follow upon what is ſaid already. For if it be ſo, that to the making of a particular Power, or Magiſtrate to be Gods ordinance there goes not only a law of God univerſally enacting Civil Government to be, but a further ſpecificating act of God, whereby be conſtituteth this ſpecial platform for this Common-wealth, and cals forth, or authorizeth this perſon, or theſe perſons here to bear it; and that this he doth, either by immediate revelation, or by the intervention of men qualified, and inſtructed by his ſet rule to make the ſaid aſſignation, then it muſt needs be yeelded that none can be entitled to the plea, and priviledge of being Gods ordinance, but they that come in by that door, or aſcend by that ſcale.
It will (I think) be ſaid by all, that Gods ordaining the power doth not neceſſarily import his d…ſignation immediately, by his own mouth, of the form and perſons, but that he committeth the doing of this ordinarily to humane arbitration. And hereupon it will be to be inferred, that either God hath left this determination to men abſolutely, indefinitly, and promiſcuouſly, giving way to any that will, in any place whatſoever, to conſtitute what Magiſtracy, and whom in it they pleaſe, (and who hath ſo little underſtanding either of God, or of the matter hereby attributed to him, as to ſay this?) or elſe that he hath ſet a ſtint, and fixed rule to men in this matter, appointing certain to conſtitute the Government, and obliging people to the owning of the Government ſo conſtituted, as from him, with excluſion, and diſallowance of any other to determine theſe things. And if this be the way (as to me it ſeemeth ſo clear as that no other is imaginable) then, if in the erecting of government a ſubſtantial deviation from it be, as when incompetent, or unallowed perſons be the advancers of themſelves, or others unto the place of power, in as much as in that caſe there lies the divine diſapprobation, and men act beſides the ſaid preſcript, it may be ſaid there is no ordinance of God, but a contradiction, and contraordination to Gods order.