The Divine Right and Original of the Civil Magistrate, Chapter 8

The Divine Right and Original of the Civil Magistrate · Chapter 8

p. 252CHAP. VIII. SECT. II.CHAP. VIII. Some Arguments to prove [that by the power in the Text is to be underſtood a power lawful as to Title, and not a meer poſſeſſory power] taken from the context.

HAving now gone over all the Termes of the Text, and of the deſcription therein of the originall of the civil Magiſtrate, for the finding out of the true ſenſe, and juſt extent thereof: and by the diſcuſſion of them, having come to this reſolu…ion, That by the power is meant a power lawfull, j…ſt, or warrantable, in reſpect of Title; and that by the ordination of God is to be underſtood a legiſlative, or preceptive ordination; & that the other words, and clauſes in the Text do very well comport, and accord with the ſaid ſenſe of theſe: It now remaines that, according to the method fi…ſt propoſed, I add hereunto what conſiderations I have further conceived for the further clearing, and confirmation of the ſame. The which I ſhall place under two heads.

1. Obſervations from the other parts of this Tex…, concerning the civill Magiſtrate, contained within the ſeven leading verſes of this Chapter.

2. The grounds or principles from other-where colligible, tending to conclude the p…eſent reſolution.

p. 253The obſervations from the Context giving light and ſtrength to our concluſion are theſe.CHAP. VIII.

SECT. I. A conſideration of the duty to be yeelded to the power in thoſe words, verſ. 1. Be ſubject.

1. THe firſt may be from the duty to be yielded to the power, the preſſing whereof upon Chriſtians is the plain drift of the Apoſtle in this diſcourſe. And upon this my obſervation ſhall be two-fold.

1. Of the originall terme in which the duty is laid down.

2. Of the thing it ſelfe thereby evidently intended.

1. The terme is Verſ. 1. foreign, Be ſubject. Uſed again, verſ. 5. as the powers are foreign, ordained of God, and the power is foreign, the ordinance of God, and he that reſiſteth the power is foreign, ſo he that is here inſtructed in his duty to the power muſt foreign, be ſubject. They are all words coming from one root. The word foreign ſignifies to be placed in order under another, to be ſubject according to order, to be under another orderly. Now an orderly ſubjection relates to an orderly ſuperiority, and looks at them that are above, or over according to order.

But, what is order? The definition of it common in the Schools, and received from Saint Auguſtine is, Ordo eſt parium, diſparium que rerum ſua cui que loca tribuens diſpoſitio, it is the diſpoſal of things, whether collateral, or ſubordinate, whether of equall, and even, or of unequall and different ranke, and quality, each p. 254to his due, CHAP. VIII. SECT. I.& proper place. To be ſubject then orderly or according to order, is to ſubmit to him, who is orderly placed over us; or, to be regularly under him that is regularly above; or, to yield juſt, and lawful precedency, or command unto him, or them that are of right our ſuperiours. The direct oppoſite to order among men is Atopy, deſulto ineſſe, inſolency, or undue elation. And, in the civill State, diſorder is when men run into tumult, riſe up in ſedition, or aſpire above their place by uſurpation. To occupy the ſea…e of Dignity uncalled, unauthorized, is an ataxie, a breaking, and violating of order, a bringing of the Common-wealth qui…e out of order, a caſting down them whom order ſetteth up, and a lifting up them, whom order placeth beneath. Whereby it may appear, that in relation to an arbitrary Government, there is properly no foreign, no orderly ſubjection. There may be for publique order ſake, or in relation to the other parts, and proportionate poſitions in the Commonwealth, a ſubmiſſion and obedience performed to an unjuſtly poſſeſſing power, and this may be a duty, but this is not in behalfe of, or with an eye, and reſpect to ſuch a power, who being up againſt, and out of order cannot be the mark, or object of an orderly ſubjection.

2. The thing it ſelfe which is required in thoſe words, Let every ſoule be ſubject unto the higher powers, Divines have obſerved, that under this terme here, Be ſubject, there is much enjoyned, a multitude of duties are contained, and commanded to be performed toward the Magiſtrate, to wit, not onelyonly a paſſive ſtooping endurance, or irreſiſtance under his impoſals, but an active inſerviency, execution, and obſervation of his lawfull commands: and further, to contribute our abilities to his ſupport, and maintenance; and that both to the acts of his rule, officiating, and adminiſtration, and to his ſtanding, continuance, and keeping of his ſeat, and ſtation: and unto theſe aſſiſtances of him are required all our abilities both humane and chriſtian; as thoſe of pu…ſe, p. 255counſel, arms, and prayers: Moreover,CHAP. VIII. SECT. II. not onelyonly the external act of all theſe are to be yielded him; but the elicite, and inward motions of the heart, to wit, conſent, love, reverence, and honour: and unto all theſe is to be added a ſpeciall kinde of fidelity or allegiance both in continuance under his juriſdiction, in concealing his ſecrets, and his diſadvantages wherd the opening of them may be to his prejudice, and in diſcovering to him our knowledge of what may import his danger, or ſecurement.

Adde hereunto the ſtrict manner in which this precept of ſubjection is urged, verſ. 2. to wit, under paine of damnation, and the ground, or conſideration on which it is to be yielded unto the power, verſ. 5, 6, 7. to wit, of neceſſity, not onelyonly for wrath, or terror, that is ſo …ar, and ſo long as one is conſtrained by feare, and to avoid a greater evill, or damage, then is the rendring of what is required by him; but for conſcience ſake, that is out of conſcience of duty, to wit, both that of piety to God, the ordainer of him to that ſpecial Miniſtry, and Vicegerency under him, and that of equity, and juſtice to him, whoſe due, and right in conſideration of his office and work it may be.

But now, can it be imagined that the Text doth in this forme, and manner ſet up any violent, or predatory power, any Robber, or Pyrate, any Tory, or Moſſ-trooper, Turke, or Tartar, Mamaluke, or Cyclops, that can raiſe, or ſteale himſelf into the Maſtery over a people? and that it ordains every countrey, city, or perſon to yeeld, and pay a ſubjection of this extent to every ſuch one that ſhall ſeiſe, and captivate them?

The Roman Hiſtories relate unto us diverſe ſtories of mighty, and ſtrange ſucceſſes, power, and command, which men of the vileſt quality, and baſeſt rank have ſuddenly attained, and for a time held within the body, and in defiance of the authority of that great Empire. The ſeverall ſtories of the high feats, and atchievements of the Roman ſlaves under thoſe three Ring-leaders, Herdonius, Eunus, p. 256and Athenio are briefly remembred by Florus: CHAP. VIII. SECT. I.as is alſo that of the ſword-players**Quis aequo animo ferat in principe gentium populo bella ſervorum? quis crederet Siciliam multo cruentius ſervili quam Punito bello eſſe vaſtatam? Quum ſervi militaverint, Oladiatores imperaverint: illi i… fimae ſortis homines: hi peſſimam auxere ludib…io calamitatem. Florus lib 3. cap. 19 & 20. Vide Stadium in loca iſta Flori. Auguſt deciv. Dei, lib. 4. cap. 5.; this laſt is alſo mentioned by St. Auguſtine, and it was thus: A few ſlaves, imployed in ſword-playing, perſwaded by one Spartacus a Thracian, rather to fight for their owne liberty then the ſpectators pleaſure, and their own mutuall deſtruction, break out from that bloody ſport, raiſe great Forces, and not only free themſelves from their ſl…very, but under three Captains (Spartacus, Chryſus, and Oenomaus) over-run all Italy, acquire great victories, and rule all at their pleaſure, as Kings, and could not be overcome by ſome Roman Generalls; theſe mock-kings did for a time abſolutely command a great part, and much afflicted, and endangered the whole Roman Empire, when it was grown to its greatneſſe, and had ſubdued many Natitions to it ſelfe. But could theſe ſuccesful irruptions of thoſe gladiatory ſlaves entitle them to the ſtyle; and dignity of powers ordained of God in the Countreys which they had got the maſtery of? And will any man ſay, that the Roman people within thoſe bounds were obliged to ſubject to them with a ſubjection of that ſiz…, and qualification, namely, that they were in their hearts to conſent to, to love, and honour them as their civill Lords; that they were not onelyonly to acquieſce, and ſtoop quietly under their prevalency, but be at their beck to fulfill their commands (not in their own nature vitious) that they were to continue under, to aſſiſt, uphold, and maintain them in that ſeat of rule with all their abilities; and that they were to give over, and refrain all correſpondency, and intell gence with the Roman State, and diſcloſe to thoſe their new, and ſtrange Conquerours, whatſoever might preſerve them from, and impeach the deſignes of the Roman Conſul, Senate, and Armies againſt them; and all this, not only for the terror of their potency; and cruell violence, but out of conſcience p. 257of their duty to God, and them as placed by heaven in the obliging office of Magiſtratical adminiſtration over them?

That the ſubjection of every ſoule to the higher powers comprehendeth as much as is above-ſaid, I need not make labour to prove in this p…ace, the termes of expreſſing it uſed by the Apoſtle in the ſubſequent verſe, and the explication which not only Commentators, and other Divines, but other Scriptures give of this duty, deliver us all thoſe particulars as parcels of the nature of it. And if any man doubt whether all thoſe may not be due to a Spartacus, (or, to an Hordonius, Eunus, or Athenio) that is to an upſtart ſlave by a tumult gotten to overtop a Nation; Let him conſider, that, if ſuch an ones tenure of head-ſhip be injurious, to aſſiſt him therein cannot but be ſo alſo; and that not only Abſalom is by Scripture manifeſtly diſapproved in his riſing up againſt King David, but alſo thoſe Iſraelites that joyned to maintain him. [Pſal. 3.1, 7.] Mr. Burroughes (in his fourth Lecture on Hoſea, Chap. 1. ver. 10. pag. 111.) teacheth us in reference to the diverſity of powers that may be, to diſtinguiſh betwixt obedience out of conſcience, and obedience out of prudence. Take his own words that are very plain to the preſent purpoſe.

Not to the commands, and meere wills of men till it be brought to a law are we bound in conſcience to ſubmit, no way, neither actively, nor paſſively: though it be a good thing that is commanded, conſcience doth not binde to it, eâ ratione to yeeld to it becauſe it is commanded, till it be brought to a law: Now when things are brought into a law, and be according to the agreements and covenants of the place and countrey wherein we live: and then ſuppoſe this authority be abuſed, and there be an ill law made, then (I confeſſe) if the Law be of force, we muſt either quit our ſelves of the Countrey, or elſe ſubmit or ſuffer. When then it comes to be a power, to be a law, it is authority though abuſed, and we muſt yeeld obedience to it either actively, or paſſively. But we muſt enquire whether it be a power, &c. p. 258otherwiſe we are not bound in conſcience; bound we may be in regard of prudence, and in regard of preventing other diſtuabrnces, but conſcience doth not bind us to wils of men, but bindes to lawes.

Melancthon Melancthon in loc.upon this Text diſtinguiſheth alſo betwixt the extent of ſubjection to a predatory power, and that which is to a Magiſtrate. If thou canſt eſcape from the hands of a robber, thou offendeſt not; but and if thou canſt eſcape the puniſhment of the Magiſtrate, yet thou ought not with-draw from his Government, that is that which he ſaith, not onelyonly for wrath, but alſo for conſcience ſake.

He that is a Magiſtrate indeed, and in authority, the Subjects are to pray, and to give thanks for him, not as a man meerly, but as a Magiſtrate, that is, for his preſervation, and proſpering in his Government: accordingly Tertull. in his Apologeticks gives account of the conſtant, publique practice of Chriſtians. We conſtantly pray for all the Emperours, that they may have a long life, Precantes ſumus ſemper pro omnibus imperatoribus, vitam illis prolixam, imperium ſecurum, domum tutam, exercitus fortes, ſenatum fidelem, populum probum, orbem quietum, quaecunque hominis, & Caeſaris vota ſunt. Tertul. Apologet.a ſecure dominion, a ſafe family, valiant armies, a faithful Senate, a good people, a quiet world about them, and whatſoever may be deſired by (or for) them, either as men, or as Caeſars. But a poſſeſſor of power by meere force, the people of God may complain, and cry out of in prayer, not for his miſgovernment only, but for that he governs, and may pray to be delivered from him. This (if it be doubted of) may be evident by many Scripture examples of the practice thereof, being of undoubted warranty for imitation; For inſtance let theſe be taken [2 Chron. 6.38, 39. Pſal. 79.1.89.42, 44.106.47.126.3. Lam. 5.2, 8.] unto which I ſhall adde that paſſage of the Prophet Habakkuk, cap. 2. verſ. 6. He is a proud man, neither keepeth at home, &c. Wo to him that increaſeth that which is not his. How long, &c. together with Mr. Calvins words upon them. Quouſque, quouſque? omnes clamant quouſque? & clamor iſte, quia naſcitur ex naturae ſenſu, & regula aquitatu, ideo exauditur tandem a deo. p. 259Ʋnde fit ut taedio affecti omnes, clamant, quouſque? CHAP. VIII. SECT. II.niſi quia agnoſcunt non eſſe tolerabilem hanc perturbationem ordinis & juſtitiae? ſenſus autem ille, nonne inditus eſt nobis a deo? perinde eſt igitur ac ſi Deus ſeipſum audiret, cum ita exaudit clamores, & gemitus eorum qui ferre nequeunt in juſtitiam.

SECT. II. Of the terme higher annexed to the powers, verſ. 1.

2 THe ſecond obſervation ſhall be upon the Epithite higher, given to the powers, foreign, Beza renders ſuper-eminent; the vulgar, more ſublime. Expoſitors generally note that this word here ſignifies a ſuperiority of calling, office, or function. One may be ſaid to be higher over, or above another two wayes.

1. He is higher, or above that hath the upper hand, or prevaileth, and is in ſtrength above another.

2. He is higher that is ſuperior to another in regard of place, calling, or office. There is a ſuperiori…y or celſitude in reſpect of meer ſight, and might; and a ſuperiority in regard of dignity and authority; the former any one may get over a perſon, or people: the latter is proper to the Magiſtrate. This word foreign here uſed occurreth alſo 1 Pet. 2.13. Phil. 2.3.4.7. And from it come the ſubſtantives foreign. Phil. 3.8. and foreign, 1 Cor. 2.1. 1 Tim. 2.2. And the uſe of the words in every of thoſe places is to ſignifie, not an over-powering act, of poſture, but a morall excellency of one perſon, or thing above another, or ſuch a precellency as draweth towards p. 260it a Recognition of honour, or an h…gh repute, veneration, or valuation of the minde. And this precellency is,

1. Either that of vertue, or abſolute worth. As where Chriſtians are required in lowlineſſe of minde to eſteem each others foreign better then themſelves, Phil. 2.3. And where the peace of God is called foreign paſſing all underſtanding, Phil. 4.7. So alſo the Ap…ſtle when he came to the Corinthians, came foreign, not with excellency of ſpeech, or of wiſdome, 1 Cor. 2.1. And he counted all things but loſſe foreign for the excellency of the knowledge of Jeſus Chriſt, Phil. 3.8.

2. Or that of office, or relative State, as when Chriſtians are willed to ſubmit themſelves to the King foreign ſupream, or ſuperior in reference to the Governours, Preſidents, or ſubordinate Rulers that are commiſſioned from, or placed under him.

Though they be more, and ſtronger in naturall force then he, yet he is foreign ſuperiour to them in regard of order, authority, rank, and dignity, 1 Pet. 2.13. And Magiſtrates are ſaid to be foreign in authority, 1 Tim. 2.2.

By comparing of thoſe other places with this as to the uſe of this word it may appear, that foreign is added to foreign, for deſcription, and diſcrimination ſake, and to adde ſome weight to the exhortation, foreign ſignifying the Magiſtrate, and foreign ſignifying the honour, and eminent dignity which is annexed to him, and which is a proper and inſeparable adjunct to the true magiſtracy, by which it is diſtinguiſht from meer prepotency, or a predatory power. And in this I have the obſervation of Expoſitors going before me.

Aretius upon the place ſaith foreign, is to excell in dignity, and right Dr. Willet citeth it as Cajetans obſervation, That this word is added to exclude tyrants who are not excelling Lords, taking the Apoſtle to ſpeake de legitimis poteſtatibus. Mr. Prin, in his third part of the power of Parliaments, pag. 114. tells us, Dominicus Soto, Cajetan, Pererius, and other Popiſh Commentators of this place obſerve that Paul adds this Epithite of p. 261higher, or excelling powers of purpoſe to exclude Tyrants, CHAP. VIII. SECT. IV.who are not excelling Lords, nor lawful powers.

Dr. Whitaker (Controver. de Rom. Pontif. Quaeſt. 4. and 7. pag. 648. a. & 720. b.) inſiſteth on this terme to prove againſt Bellarmine (who would finde a ground in this Text for the exorbitant power which the Pope pretends to, and uſurpeth) that the words of the Apoſtle can only be underſtood of a politicall, or civill power, and not ſimply of any power whatſoever, which he could have no advantage for from this word if it did leave the terme power to ſignifie ſuperiority at large, ſo as to take in any predominancy, and did not contain its importance within the bounds of ſuch a ſuperiority as really deſerves to be adorned with, and hath of due, and right belonging to it civill honour, and veneration; unto which ſenſe agreeth St. Auſtins explanatory paraphraſe upon this term ſublimioribus poteſtatibus in this place. viz. hominibus res humanas cum aliquo honore adminiſtrantibus **Auguſt. Tom. 4. part 2. p. 727.. Higher powers, that is, men that adminiſter humane affaires with ſome degrees of honour. The actuall adminiſtration of humane affairs, and the degree of honour are two diſtinct things: the former may b… without the latter, but both put together make, and define a higher power. Honour is the attendant, or ſhadow of reall vertue, and of relative authority, but not of meer predominant force.

Unto this Epithite of ſuper-eminent, or more ſublime, ſeems to be anſwerable that phraſe of Solomon ſtyling the ſeate of Magiſtracy, the place of the Holy [Eccleſ. 8.10.] the throne of Majeſty is ſacred, in that it is peculiar to the Magiſtrate, and ſacred in that it is authorized by God; agreeable whereunto the ſeat of the lawful Magiſtrate is called, The Throne of God. [1 Chron. 29.23. 2 Chron. 9.8.] And, his kingdome the kingdome of the Lord [2 Chron. 13.…. 1 Chr. 28.5.17.14.] and the Magiſtrate is ſaid to be King, for the Lord his God, & to b… anointed unto the Lord [2 Chr. 9.8. 1 Chr. 29.22.] And this judgment is ſaid to be, the judgement of God, and he judges not for man, but for the Lord. [Deut. 1.17. 2 Chron. 19.6.] And God is ſaid to be with them in the judgement, p. 262and to ſtand in their congregation, CHAP. VIII. SECT. III.and to judge among them. [2 Chron. 19.6. Pſal. 82.1.]

All theſe are the high, and holy, and diſtinguiſhing prerogatives of the Magiſtrates ſtate. Whereas there is a throne of iniquity (contradiſtinct to this place of the holy, this throne of God) which hath no fellowſhip with God. [Pſal. 94.20.]

SECT. III. Of the whole ſtyle Higher Powers, Verſ. 1.

3 FRom the Epithite, higher, I will paſſe to a conſideration of the whole title, higher powers. By higher powers Expoſitors underſtand Magiſtrates of every degree, or rank, and not onelyonly the ſupream. So that they underſtand higher, not to refer by way of contra-diſtinction to lower powers, but to the people, to them that are to be ſubject to them. So Calvin, Beza, Marlorat, Pareus, P. Martyr, Methuſius, Dr. Mayer, and Par upon the place. And Chamier (Panſtrat. Tom. 3. li. 15. cap. 11. ſect. 8.) And indeed the deſcription of the Magiſtrate with all the Reaſons given in the following words (unto verſ. 8.) for ſubjection to him do as truly, and neceſſarily appertain to the inferiour and ſubordinate Magiſtrate, as to the higheſt. And the parallel precepts of duty to the power: in other like Scriptures do involve all Magiſtrates, and ſome of them nominate the ſubordinate, [as 1 Tim. 2.2. Tit. 3.1. 1 Pet. 2.13, 14.] Now in the ſubordinate Magiſtrate we require a commiſſion as a qualification to our receiving, owning, yeelding him any duty of ſubjection. Otherwiſe p. 263we reject him,CHAP. VIII. SECT. IV. if we underſtand he hath no authority from a ſuperior power. If one come to us of his owne accord meerly, and do but take upon him the ſtyle, place, and office of a Conſtable, Juſtice of the Peace, Sheriffe, Judge, and command our perſons, demand our purſes, or exact our oaths, we thinke (and that rightly) we may deny him. And if he have ſtrength to extort his demands, yet either we obey him not, or we comply only out of feare, and prudential ſelf-conſultation, not taking our ſelves to owe him any ſubjection, not owning any bond of conſcience to him, as to a higher power ordained of God. And why is this? by reaſon he hath no lawfull calling, warrant, or commiſſion. Now if we require this qualification in the ſubordinate, why not in the Supream Magiſt a…e alſo? If the Text admit of this caution, and reſtriction in reference to one ſort of higher powers, will it not alſo admit it in relation to every one?

SECT. IV. Of the Reſiſtance of the power concluded under the penalty of Damnation, verſ. 2.

4 THe fourth thing in the Context, offering it ſelfe to conſideration is in Verſ. 2. to wit, the unlawfulneſſe of reſiſting that power, which our Text holds forth. This unlawfulneſſe is aſſerted in as much as the reſiſter of that power is charged with the ſin of reſiſting the ordinance of God, and concluded under the penalty of Damnation. Mine obſervation upon it ſhall be this.

p. 264That reſiſtance which undoubtedly is by this place intended, to be diſallowed towards the power ſpoken of in our Text, is generally acknowledged to be warrantable, and lawfull to be uſed towards an invaſive, or meer poſſeſſory power, and conſequently it muſt be as generally acknowledged that a meer poſſeſſory power cannot be intended in the text. A reſiſtance unto, or for the depoſition, repulſing, or removal out of place and rule, and a reſcue of perſons, and places out of the poſſeſſion and command of him that occupieth them, will (I doubt not) be concluded to be here forbidden towards, or in relation to that power which the text meaneth. But ſuch reſiſtance is generally admitted to be juſt and lawful towards an inveſor, or a forcible occupant of command and rule. This may be made evident

1. By ſufficient teſtimony, which I ſhall produce.

I will begin with King James, K. James his Remonſt. p. 216.his words in his Remonſtrance for the Right of Kings againſt the Oration of Cardinal Perron. The publique Laws make it lawfull, and free for any private perſon to enterpriſe againſt an uſurper of the Kingdome. Every man, ſaith Tertullian, is a Souldier enrolled to beare Arms againſt all Traytors, and publique enemies. St. Auguſtine Aug. de Civ. Dei. li. 5. cap. 26.highly commendeth the piety, and fidelity of Theodoſius, in that he took into his protection young Valentinian, the brother,Sozomen. Hiſt. lib. 7. cap. 14. & 24. heire, and ſucceſſor of Gratian, ſlain by Maximus the uſurper (the Governour of Britain.) againſt whom Theodoſius, though the ſaid uſurper was grown terrible by ſucceſſe, yet, he undertook the cauſe of Valentinian, Socrates Hiſt. li 5. cap. 11, 12.24.and deſtroying Maximus, reſtored Valentinian to his Empire (in the Weſt:) and in his enterpriſe he had encouragement, and certain promiſe of victory from one John an Anachoret endued with a prophetick ſpirit in Aegypt. And that Valentinian being ſhortly after, ei…her by treachery, or ſome other accident taken away, another uſurper Eugenius, ſtarting up in his place, Theodoſius Ruffin. Hiſt. li. 2. cap. 17. & 31. Theod. Hiſt. li. 5. cap. 14 & 24.(with the encouragement of the ſaid Prophet) ſurpriſed him, againſt whoſe …xceeding ſtrong Army he fou…ht p. 265rather by prayers, then ſtrokes. A mighty winde ſnatching the weapons of his enemies out of their hands, and driving their own darts together with the darts of their Aſſailants upon them: on which occaſion was that written by the Poet Claudian. O nimium dilecte Deo, cui militat aether, Et conjurati veniunt ad claſſica venti.

Chamier At Cives omnes jus habent inſurgendi contra Tyrannos qui vi apertâ regna occupant. Chamier Tom. 2. lib. 15. cap. 12. ſect. 19.ſaith, All Citizens, or free Subjects have a right, or warrant to riſe up againſt Tyrants, who by open force poſſeſs the Kingdome.

Dr. Willet Dr. Willet his Hexap. on Rom. pag. 592.upon the place, in anſwer to this queſtion, How far the Civill State may p…oceed in reſiſting a Tyrant? affirmeth, that where the Kingdome is uſurped without any right, as by Athaliah; or where the land is oppreſſed by forein invaders, as in the time of the Maccabees, in theſe caſes there is leſſe queſtion to be made of reſiſtance by the generall conſent of the States.

Mr. Richard Hooker.Hooker Eccleſ. polit. Book. 8. pag. 155. In kingdomes hereditary birth giveth right unto Soveraign Dominion, &c. therefore in caſe it doth happen that without right of blood a man in ſuch wiſe be poſſeſſed, all theſe new elections, and inveſtings are utterly voyd: they make him no indefeaſible eſtate: the Inheritor by blood may diſpoſſeſſe him as an uſurper.

Alſtedius.Alſted. Caf. Conſc. cap. 16. Reg 8. pag. 341. A Tyrant without title, who is an invader, every private perſon may, and ought to remove; for he is not a King, but a private man, who doth invade the countrey as an Enemie.

Gro…ius.Grot. de jure Bel. lib. 1. cap. 4. ſect. 16.18. Si bello injuſto, & cui juris gentium requiſita non adſint, imperium artipuerit (ſc. Raptor imperit) neque pactio ulla ſequuta ſit, aut fides illi data, ſed ſolâ vi retineatur poſſeſſio, vide…ur manere belli jus, ac proinde in eum licere quod in hoſtem licet, qui a qualibet etiam privato jure poteſt interfici, &c. Nec minus licebit invaſo em imperii interficere ſi deſerta authoritas accedat ejus qui jus verum imperandi habet.

p. 266Arniſaeus.Arniſaeus de authorit principis. cap. 4. ſect. 12, Of the former (to wit, he who is called a Tyrant in title) the matter is plaine, and determined by all without any difficulty, that he may be lawfully repulſed, or if by force he be gotten into the throne, he may be wa…rantably thence removed, becauſe he hath not any …o… of power which is legitimate, and unto which reſiſtance is forbidden, for the feare of God, and for conſcience ſake: and therefore he is no further to be looked at then as an enemy.

The Author of the Treatiſe of Monarchy. Treatiſ of Mon. part 1. cap. 3. ſect. 5.Be they (to wit, a conquered people) captived, or poſſeſſed at pleaſure, they owe no duty, neither do they ſin in not obeying, nor do they reſiſt Gods Ordinance, if at any time of advantage they uſe force to free themſelves from ſuch a violent poſſeſſion.

Mr. BridgeMr. Bridge againſt Dr. Fern ſect. 4. pag. 42. his Anſwer to Doctor Ferne. Which opinion of the Doctors (of the right of conqueſt) for my owne part I muſt abhor from; what danger will it not expoſe our Dread Soveraign unto? Did not Athaliah remain as a Conquereſſe ſix yeares? and who knows not that ſhe was lawfully thruſt from the Throne againe by a ſtronger hand then her owne? meer conqueſt being nothing elſe but an unjuſt uſurpation; and if the Conquerour rule the whole Kingdome, and keep them under by conqueſt onelyonly, why may not the Subject riſe, and take up arms to deliver themſelves from that ſlavery? Thus doth the Doctor open the doore to greater reſiſtance then thoſe that he diſputes againſt.

Roger Widdrington, Widdrington Theol. Diſput. in Admon. to his Reader, ſect. 6.in his defence of the ſupremacy of Princes againſt the Popes claim of a ſuperiority in temporalls over them, thus argueth (againſt Schulkenius, who will needs maintain Athaliah to have been a lawfull Queen, notwithſtanding Joas his ſurvivall, and claim to the Crown) Tell me O Schulkenius, may not every faithfull Subject lawfully, and ought he not in the like caſe, that is, not by his own private authority, but by the publique authority of the true King, and who is certainly known to be true King, the Common-wealth alſo conſenting thereunto, kill an Ʋſurper, p. 267who is not onelyonly reputed, but alſo certainly known to be ſuch a one, and who plotteth Treaſon againſt the true King?

Laſtly, I obſerve to this purpoſe, that the Author, or Authors of Ladenſium foreign, in the Catalogue of Canterburian maximes of tyranny, do charge this poſition unto that Party as one tyrannical maxime. That all this, (to wit, abſolute) ſubjection muſt be uſed not onelyonly to our Native King, but to any forein uſurper who can get footing among us, and it were the Kings of Spain. As alſo, that the title unto this Kingdome by conqueſt, attributed by Doctor Ferne unto our late Kings,See vindic. of a Treat. of Mon. chap. 3. ſect. 6. is diſavowed by the Authors defending the Parliaments cauſe againſt him, as unreaſonable, and null, and that which expoſeth Princes to the offenſive Armes of the Subject.

2 They that ſtate, and determine the queſtion, what is a juſt ground, or cauſe of War, lay downe the quarrell, de rebus repetendis, or for the recovery of what is injuriouſly invaded, or occupyed, as one good, juſtifiable, and neceſſary occaſion of the taking up of armes by a Prince, or people [for this ſee Auguſtine Quaeſt. ſuper Joſue lib. 6. cap. 10. in Tom. 4. part. 2. operum. P. Martyr. loc. com. claſ. 4. cap. 16. ſect. 2. pag. 935. Bucani Theolog. loc. 49. quaeſt. 46. pag. 873. Grotium de jure Bel. lib. 2. cap. 1. ſect. 2] But if title followed poſſeſſion, and all they were the true Proprietors, or Lords, or the powers ordained of God that have the occupation, or actuall command of perſons, and places, it could not be ſo: there could be no war juſt for recovery: to diſpoſſeſs men of what they hold, or to out them of what they are (without preſent, or actuall ſuperiority of any over them in it) ſeiſed on, could be no lawfull enterprize, or warrantable cauſe of War.

3 Neither is it onelyonly the common Tenent of ſound, and learned Writers that the injurious invader and poſſeſſor may be reſiſted unto depoſition, and that recuperative arms are juſt, and lawfull, but we have many inſtances of the practice hereof in Scripture, not onelyonly of undoubted warrantableneſſe p. 268to the perſons ſo acting in the ſtory; but of a cleer exemplarineſſe, and imitableneſſe to others; as having no other ground, or riſe laid for them in the Text, but that which is of a common morall extention. The mention of theſe may ſerve.

Upon the warlike conqueſt, captivity, and ſpoile of Sodome, Geneſes 14.and Gomorrah, by the King of Elam, and his partakers, and their departure, and carrying away of what they had there gotten, Abraham together with his confederates, Aner, Eſhcol, and Mamre make out with their Forces in purſuit of their Conquerors, and coming upon, they ſmite, and chaſe them, and reſcue the people, and goods of Sodome, and Gomorrah, which they had ſo taken, conveyed away, and held in cuſtody.

The people of Iſrael during the government of the Judges, did many times under their conduct riſe up in armes to caſt off, and deliver themſelves, and their Countrey from the power of ſeveral neighbouring Princes, and Nations, who had one after another invaded, and for ſome time held them under their Dominion**Of whom in general ſee Jud. 2.16, 17. & in particular through the reſt of that book.Judg 2:16Judg 2:17. Neither (as far as my obſervation goes) can any immediate, or extraordinary command or word for what they ſo did be pretended to, or pleaded from the Text for many of them, or for any, ſave Barak, and Gideon. The ſame did they in the times, and under the commands of Eli, Samuel, Saul, David, and many of their following Kings, from to time untill the Babyloniſh captivity. And in particular did Hezekiah againſt the King of Aſſyria. The Text ſaith, he rebelled againſt the King of Aſſyria, and ſerved him not††See 2 Kings 18.7.2 Kgs 18:7. As alſo did ſome of the Kings of Judah in reſiſtance of the Kings of Iſrael, as Abijah and Aſa **2 Kings ch. 11.2 Chr. ch. 232 Kgs 112 Chr 23: the latter of which was reproved by God for the meanes he uſed (the Syrian Auxiliaries) but not for his ſtanding up againſt Baaſha. Yea, the ſame did David and Jehoiadah the Prieſt, with ſome of Judah combining with them, the one againſt Abſalom, the other againſt Athaliah, the wrongfull poſſeſſors p. 269of the Crown, and Kingdome of Iſrael, CHAP. VIII. SECT. V.and of Judah. And thus alſo did the Jewes under the Aſm…nean government, againſt many of the Seleucian Kings**See the Books of the Maccabees..

SECT. V. The oppoſition, and diſtance which the Text puts betwixt him that is the power, and him that is the reſiſter of the power.

5 ANother thing to be obſerved in the words neighbouring, and coherent to the Text, is the difference, and contra-diſtinction which this Scripture makes betwixt him that is the power that is, foreign, ordained of God, and the foreign, the reſiſter of the power, which is ſuch as he that is the one cannot, at the ſame time, and in reſpect of the ſame place be the other. The Apoſtle puts them at ſo wide a diſtance, and direct oppoſition one to another, that it is not poſſible that they ſhould meet in one perſon. In relation to one and the ſame ſeate, or ſtation of Magiſtracy, he that is the power ordained of God, cannot be he that reſiſteth the power, and reſiſteth the ordinance of God, and he that is this Reſiſter, cannot be that power. If then it will be found, and made good that the meer poſſeſſor, that comes into the Throne by diſpoſſeſſing the lawful power, (that ſtill layeth title to the Throne) is this reſiſter of the power, it will thence follow, and be evident he cannot be that power.

That the perſon in poſſeſſion reſiſteth the other that is outed, and ſtill claimeth poſſeſſion (in reſpect of his injoyment of the throne) is undenyable. How p. 270then can he be denyed to be the reſiſter of the power? the defenders of a meer poſſeſſory title will tell us, he that is in place by invaſion, or inſurrection againſt a precedent lawful power, was foreign, the reſiſter of the power when he firſt attempted, and perhaps while he was carrying on his deſign by ſome of the firſt, or lower ſteps of it; but when he hath brought it to a head, or having come up to the laſt, or higheſt ſtep that is, the finiſhing of it, by outing the perſon he aſſaulted, and ſeating himſelfe in the place, he is now no longer the reſiſter of the power, but is become that which in his way to that achievement he reſiſted, to wit, the power himſelf.

But this muſt needs ſeem ſtrange, that when the Apoſtle ſaith plainly, the reſiſting of the power bringeth damnation to the Author, ſuch an Expoſition ſhould be put upon the place as telleth us, that reſiſtance purchaſeth to the Author the dominion of that power whom he reſiſteth: and that he that reſiſteth the power in a lower, or leſſer degree, doth in ſo doing fall under the ſin, and guilt in thoſe words deſcribed; but he that doth it in a higher, and fuller meaſure is in that act clear from that charge, and ſtands wholly excuſed: that the fieri of that act of depoſing a lawfull power ſhould be ſo bad, and puniſhable, and the finiri, or factum eſſe, ſhould be ſo excellent, honourable, and rewardable: that the ſucceſſe, and completion of an evill deed ſhould have ſuch a vertue in it as both to releaſe it, and its author of its delinquency (though the deed be not only continued, but heightned) and to turn the ſcene, or caſe of the agent, and patient upſide down, ſo as that the reſiſter, and the reſiſted ſhall change their places, and morall denominations in the Text: He that was under that brand of reſiſting the power, and the ordinance of God, and under the doom of damnation for it, ſhall thereby become the power, the ordinance of God; and he that was the reſiſted power, and ordinance of God, ſhall now (if he ſit not ſtill in his dethronement, but endeavour to repoſſeſſe his p. 271dignity) incurre the impeachment of reſiſting the power, and demeriting damnation. And this were a hard cenſure to be paſſed upon all ejected Princes, or Potentates that have ſought or may ſeek to recover their Dominions, among whom David, Joaſh, and Ezekiah have been. But the expoſition which makes the ſtrange tranſverſion would be a little looked into before it be received.

1. Two things muſt be made very clear ere it can be current.

1. That the ſuppoſed reſiſted power doth by the prevalency of that reſiſtance, and his diſpoſſeſſion thereby ceaſe to be the power.

2. That he that was the reſiſter, by his proſpering therein unto the occupation of the place of rule, doth thereby ceaſe to be the reſiſter. The former I have above d…proved**Cap. 7. ſect. 2. ſubſect. 5. & 8. & in the cloſe of the 10., and ſhall therefore here omit the repetition of its refutation; the rather, becauſe were it not, or could it not be refuted, yet the latter would not hold, and conſequently my argument would be good nevertheleſſe.

For, ſuppoſe actual diſſeiſin to put an end to the power that was; or, that a perſon, or Senate over-powered, and diſpoſſeſſed, ceaſeth to be the power which the Text ſpeaks for, yet the over-powering and diſſeiſing party would not therefore ceaſe to be the reſiſter by the Text condemned.

If a man by violence, fraud, or other diſhoneſt meanes get into his hands another mans goods, or eſtate, though the ſuffering party dye, yet the injuſtice, and oppreſſion of that injurious perſon (he keeping ſtill thoſe wrongful acquiſitions) ceaſeth not. He is ſtill an oppreſſor in reference to that perſon, and the act committed againſt him though he be now dead. The reaſon is, though the wronged perſon, and ſo the property that was in him to thoſe poſſeſſions, (as all accidents inherent in him as a man) be extinct, yet the Law, or rule which forbad, and condemned that act is ſtill alive, or in force: beſides, though the party injured, and ſo his p. 272right to the things unjuſtly taken from him, be dead, yet it is to be ſuppoſed the property, or diſpoſall of them is paſſed to ſome other, either by vertue of relation to him, or eſcheature, and ſo the oppreſſors holding of them is a continued, or ſtill renewed act of injuſtice. Thus it is with him that reſiſteth the power unto the ejection of him, and enthroning of himſelf; ſay the power outed by him were thereby extinguiſhed, yet the act by which he did it ſtill cleaves to him; and while he ſtandeth in that poſture, his reſiſtance of the power ordained of God is continuated, and remains upon him: and the reaſon is, both becauſe the ordinance of God which eſtabliſhed that power, and commanded ſubjection, and prohibited reſiſtance to it is ſtill in being; and becauſe that ordinance of God muſt be ſuppoſed to have ordained a way how a ſucceſſion of M…ſtracy ſhall be continued (and by vertue of the ſame there is ordinarily either a lawfull Succeſſor aſſigned, or a courſe taken for the electing, and ſubſtituting one) in oppoſition unto which (ſuppoſe the diveſture of the diſpoſſeſſed power) the intruſive poſſeſſor cannot but be confeſſed to enter, and ſit, and ſo ſtill is in one, or both thoſe reſpects a reſiſter of the ordinance of God.

2. Take an act that is in ſpecie, or kind, one and the ſame, but may be varyed in regard of degrees; that moral evill, or goodneſſe which is attributible to the action in ſpecie may be ſaid of every degree of that act; and eſpecially it cannot be that the leſſe, or inferiour degree of ſuch an action ſhould be denominated good, or evill, and not the greater, or the full, and compleat act be ſo denominated. As in this matter, If a lower, or more imperfect degree of withſtanding, or oppoſing the power, or juſt Magigiſtrate be evill, and be the reſiſtance that is diſallowed, and condemned in this Text, then the higher, the perfecting act of that nature muſt be ſo alſo. If for a man to refuſe obedience, or to make head againſt the preſent lawfull Magiſtrate, and to draw p. 273in others therein to take part with him, and if to check, impeach, interrupt, and ſomewhat to diminiſh the authority of that M…giſtrate, and if to threaten, or attempt to rem…ve quite out of, and to take his place be a tranſgreſſion, and a reſiſtance of the ordinance of God here ſpoken of (as do all agree) then to go on further, and higher in the ſame kinde, for the …aid reſiſter to checkmate that Magiſtrate, or to add that conſummating act, or ex cution of that attempt, by wreſting, and holding the whole command from him into his own hand, muſt needs be as well, or much more the breach and contradiction of the ordinance of God. Can any man ſay that this rule in the Text, or any commandement of God in any other matter diſallows, and condemns the conſulting, beginning, and carrying on of an undertaking, courſe, or action, and not the accompliſhment, and finiſhing, or not the continua…ion, and upholding of the work when finiſhed, or the perſiſtency in it, when atchieved. The truth is, the reſiſter of the power is never more, nor ſo much the foreign as when he is poſſeſſed of the place; then is he completely counter-ordered, or contra-ordained to the ordinance of God, when he is got into the Throne, and diſorderly placed in the Supream command, guarding himſelfe with his Military bands againſt the Title, and entry of him he hath diſpoſſeſſed.

What is the ratio formalis of this reſiſtance, or the foreign, for which the withſtander of the power is ſtiled foreign, is it not his taking and holding the reigns, and rule of a civill S…a…e, againſt, and in contradiction to the Law of God? and this is plainly it which the excluder of the lawfull Magiſtrate doth. In that there is a double contravention to the Law of God; one againſt that▪ law which forbiddeth every one to riſe up againſt the power ordained of God: Another againſt that law which commandeth retractation, and reſtitution of whatſoever wrong hath been committed. The violent occupant, as he ſhould not have ſeiſed on the p. 274Throne,CHAP. VIII. SECT. VI. ſo, being in meerly by intruſion, he is bound to ſurrendry, and redintegration of his injury.

3 It is the obſervation of Cajetan, and from him of Mr. Elnathan Par upon the words, That in this verſ. the word reſiſteth is three times uſed; but in the Greek, only the firſt is in the preſent, the two laſt in the time paſt. As if you ſhould render it: He that reſiſteth the power hath reſiſted the ordinance of God; and he that hath reſiſted ſhall receive damnation.

By which it may be evident that any tranſient, and by-paſt act of reſiſtance may terme the perſon in praeſenti, the reſiſter: and much more is he the reſiſter, who not onelyonly in times paſt acted a reſiſtance, but ſtands up ſtill in the ſame poſture.

SECT. VI. Of the worke of the power, deſcribed Verſ. 3. & 4.

THe next thing I take notice of in this diſcourſe of the Apoſtle, is the character, or deſcription of that power which he intends in the Text, by which he defineth what he is in himſelfe, and diſtinguiſheth him from all others. This deſcription is taken from his proper work, or the peculiar duty of his place, and office. This we have delivered, Verſ. 3.4. Rulers are not a terrour to good works, but unto the evill. Doe that which is good, and thou ſhalt have praiſe of the ſame. He is the Miniſter of God to thee for good; but if thou doe evill, be afraid, for he holdeth not the ſword in vaine: For he is the Miniſter of God, and revenger to execute wrath upon him that doth evill.

My Collection from theſe words is; He that is i… p. 275place of rule, and command in the Common-wealth without a juſt Title, call, and inveſture, and ſolely from his own power, and will, he cannot be the power meant by the Text. And I infer it thus.

He that is the power intended by the Apoſtle muſt be ſuſceptible, or capable of all this whole charact…r. He muſt be capable (I ſay) for I know Expoſitors do well note upon it, theſe words intend to deſcribe, not what the Magiſt…ate is alwayes de facto, but what he is de jure: The Magiſtrate doth not alway in every proceeding hold correſpondence with this Character, but not ſeldome acteth contrarily; yet notwithſtanding the Character holdeth true, it delivering, not what the Magiſtrate ſtill doth, but what he ſhould, and ought to doe, what he is called, ordained, and appointed to, what his work, and office is, and conſequently what he is capable of being, and doing. But (I aſſume) he that ruleth without a juſt title, call, and inveſture, a ſelf-created power is not capable of this; he, (while he remaineth ſuch) cannot poſſibly anſwer this Character; that his tenure of power, and this deſcription are incompetible: it can never be that one ſhould obſerve, perform, and execute all that is therein ſaid, and yet be an unlawfully poſſeſſing power.

The third verſe denyeth him to be a terrour to good works, Vide Paraeum in loc.requireth him to be an author of praiſe to theſe, and a terrour to evill works. Theſe termes good works, and evill, take in all civill, or political good, and evill actions; whether they extend to all morall actions, as well religious, as ſecular (according to the uſual application of thoſe words of the ſame Apoſtle (1 Tim. 2.2.) I will not here debate. But this is certain, they take in all civill, or politicall actions, good or evill.

Now uſurpation muſt needs be acknowledged to be an action both politically, and morally evill, and that in a more then ordinary degree, and in relation to many perſons. An act it is of manifold oppreſſion, and injuſtice, to the wrong of the depoſed, and p. 276of the Common-wealth in its publique order, right, and freedome. It is commonly enterpriſed, accompliſhed, and upheld by a multiplicity of acts of treachery, and violence upon them that are expulſed, or brought under by it, yea, with the ſlaughter, and blood of many innocent perſons, and the ruine of their poſterity, and dependants, and with the overturning of publique lawes, and liberties. And as certain it is that one ſingle perſon cannot beare up or give ſubſiſtence, and ſtrength to this management, or, either perpetrate or maintain all or any of thoſe facts, whoſoever occupieth ſuch a power muſt uſe a multitude of inſt…uments, and partakers. Now who can imagin that he that is ſuch an occupant of power, that comes in, and ſtands by ſuch means, and inſtruments can be a terrour to thoſe many evill works, and flagrant off…nces which introduce, or eſtabliſh his uſurpation? or that he can be a terrour, a Miniſter of God, and a revenger to execute wrath upon the actors of them? But, as he is the chiefe au…hor of thoſe evils himſelf, ſo he muſt neceſſarily (while he ſtands upon that bottome) be of all other a ſpecial abettor, yea, the ſauior, patron, and Protector of ſuch deeds, and doers. He that doth evill, in this kinde ſhall not need to be afraid of him, but may expect praiſe, promotion, and reward from him.

And on the other hand, whereas it cannot be denyed to be a good work orderly to endeavour the prevention, redreſſ…, or giving a ſtop to thoſe evils, he that ſhould attempt any thing of that nature cannot look to have praiſe (that is, impunity, defence, and reward) of the ſame, but muſt expect him to be to ſuch enterpriſes the higheſt terrour. The greateſt intereſt, and therefore the conſtant courſe of ſuch a power is in thoſe good, and evill works which touch the continuance, or diſpoſall of the ſea…e whereon he is, to be directly, and wholly croſſe, and contradictory to this Character, and rule of the Apoſtle. And it is not poſſible he ſhould in every point conforme to it, and yet continue ſtill his rule upon the baſis of uſurpation.

p. 277Furthermore, the fourth verſe aſſerteth, and requireth the Magiſtrate to be the Miniſter of God to thee for good. To thee, that is, to every perſon, or member in the Common-wealth; For good, that is, for his natural, moral, civil, and ſpiritual good (ſaith Paraeus) however, for his civil, or temporal good without controverſie let it be. But it is imp ſſible he that beares the Sword in an uſurping hand, ſhould in every thing procure the civill good of all, that is, either of the whole joynt community, or of all ſingle perſons in their private ſtate. This good hath within it involved the vindication, and reſtoring of the publique, and of every perſons rights, and the ſatiſfying and rectifying of all wrongs.

Now this, and uſurpation are together inconſiſtible. Moſes his rule for the Magiſtrate is,Deut. 16.20.Deut 16:20 That which is altogether juſt ſhalt thou follow; but this an unjuſtly poſſeſſed power cannot doe, and ſtand. Its owne State will not afford i. Yea, the truth is, the violation of Juſtice, in which the foundation of this power is laid, and the root of it is planted, will, and is ordinarily ſeen to beget a cacexia, or ill diſpoſition to juſtice, and propenſion to unrighte…us adminiſtration in all cauſes, and proceedings whatſoever; If a common gift hath ſuch an influence as to blinde the eyes of the wiſe, and pervert the words of the righteous, Verſ. 19.(as Moſes in that place) what reſpect of perſons, and wreſting of judg…ment will the diſhon…ſt intereſt of a Kingdome breed in all judiciall adminiſtrations? Scarce a man ſhall bring a cau…e before the Tribunal, but he will appear under the character, either of a friend, or foe to that intereſt of jealouſie, and accordingly be looked at with the eye of partiality or prejudice. What a generall depravement of Juſt…ce is the ordinary ſequell of violent acquiſition, and poſſeſſion of Dominion, the words of the Prophet Amos will tell us. To have turned judgement into gall, Amos 6.12, 13.Amos 6:12Amos 6:13and the f…uit of righteouſn…ſſe into hemlocke.

But who hath done thus? Ye which rejoyce in a thing of naught, which ſay, have we not taken to us p. 278horns by our own ſtrength? The Magiſtrat…s office is to procure that the Subjects may lead a life in all godlineſſe and honeſly. The Subjects cannot poſſibly be upon termes mutually honeſt, either with him, or with the inſtruments of his ſupportance, whoſe very being in power is injurious, and ſo they are barred out from living in all honeſty: And for living in all godlineſſe, both Scripture, and common experience gives that defection of Religion, is the individuall conſequent of defection in civill Government: Uſurpation in State, and corruption in Religion are like a couple of Twins, you can ſeldome, or never take the former without the latter. Let the kingdom of Iſrael, or of the ten Tribes rent from the houſe, and Throne of David for all the while of its ſtanding, and the reign of every King thereof be the inſtance for this. Of whom (in this behalfe) not only do peruſers of the ſtory obſerve that, as they were wholly, and all along out in their civill policy; they were q…ite, and conſtantly wrong, and depraved in their Religion, but the Lord himſelfe makes the ſame obſervation, giving us this ſhort, but univerſall account.Hoſea 8.4.Hos 8:4 They have ſet up Kings, but not by me: they have made princes, and I knew it not. Of their ſilver, and their gold have they made them Idols, that they may be cut off. Here we have an Epitome of the whole hiſtory of that Kingdome.

S…ate-uſurpation breeds, and brings in Idolatry in Religion: and as this is the genuine product, and iſſue of that, ſo are they both con-cauſes of that peoples ruine**The ſame obſervation makes the ſacred hiſtorian, 2 Kin 17 21. And they made Jeroboam the ſon of Nebat King. And Jeroboam d…ove Iſrael from foll wing the Lord, &c.2 Kgs 17:21.

Let me but add one word more of the incongruability of this Character to an un-authorized power. The power in this Text is appointed to be the Miniſter of God to thee for good. Now ſee how the contrary is to be ſaid of the Uſurper. He is appointed of God to thee for evill. The Scripture holding …orth uſurpation, or violent, inforced dominion as a judgment, [2 Kings 17.20, 11.] and threa…ning it as the puniſhment of a Nation for their tranſgreſſions p. 279againſt God,CHAP. VIII. SECT. VII. and ranking it with the penalties of plague, famine, ſword, wilde beaſts, &c.

As on the other ſide, the removing of uſurpation is promiſed as a mercy, Iſa. 10 27.14.25. And the taking away of Magiſtracy is threatned as a judgement, Iſa. 1.1, 2, 3, 4, 5. Zech. 11.6. Deut. 28.43, 44, 48. Pſal. 106.41, 42. Now the giving, ſending of a thing to be for the good, advantage, benefit of a people, and to be for their harm, puniſhment, and ſuffering: and the removall of a thing to be promiſed as a mercy, and to be threatned as a judgement (and theſe, per ſe, naturally, primarily, and directly ſo meant, and not per accidens) both theſe are ſuch oppoſites as cannot be praedicates of the ſame thing. Thus much I have obſerved from the Texts deſcription of the Magiſtrates work, and duty.

SECT. VII. Of the Magiſtrates ſtyle, the Miniſter of God, verſ. 4.6.

7 THere is beſides another thing to the preſent purpoſe obſervable in this deſcription of the Magiſtrate, and of his office: to wit, the ſpeciall Title given him, denoting his peculiar relation to, and derivation from God. He is called the Miniſter of God, and that thrice over (viz. verſ. 4, 6.) this ſtyle imports, not onelyonly the office, and work of the Magiſtrate to be a ſpecial ſervice, and imployment performed unto God, nor onelyonly it to be inſtituted, ordered, and impoſed to be done in his behalf. But that the authority of managing it is by him p. 280inveſted in the certain perſon that may intermeddle with it; none can truly aſſume, or be taken to be in this office, but he that hath received a commiſſion, call, or warrant from God for it. The title foreign, not onelyonly ſignifies action, and labour, but directly, ſtrictly, refers to God as the Author of the perſons miſſion, and deputation to it. We all confeſſe him onelyonly to be the Miniſter of a Prince or State unto whom the Prince or State gives a Commiſſion, and not him that of his own accord interpoſeth in the adminiſtration of the publique, civill affaires: Now the ſame dependance that a ſubordinate Miniſter of State hath upon his Soveraigne for his b…coming his Miniſter, the ſame hath a ſoveraign Magiſtrate upon God for his being his Miniſter; It is one thing to call a man Gods inſtrument, his rod, axe, ſword, or hammer, another thing to call him Gods Miniſter. Men may be the former when they get power, and prevalency over others by unlawful meanes, but the latter they are never called that are not lawfully admitted, or authorized to the place, or work.

There is a wide difference (ſaith Dr. Sclater Dr. Sclater his Serm. on 2 Kin. 9.31. pag. 26.2 Kgs 9:31) betwixt the inſtruments of Gods providence, and the Miniſters of his ordinance; thoſe fulfill his purpoſes, theſe alſo doe his commands. Herod, & Pilate, in the death of our bleſſed Saviour were unwilling inſtruments of his providence, no Miniſters of his ordinance.

p. 281SECT. VIII. CHAP. VII. SECT. VIII.Of the Magiſtrates bearing the ſword, verſ. 4.

8 THe laſt clauſe, or paſſage of the context I ſhall animadvert upon, is that in the ſame verſ. He beareth not the ſword in vaine.

1. Who is this He that beareth the ſword? The antecedent to which this relative is referred, is, the power, the Ruler. Obſerve, the Apoſtle doth not ſay, he that beareth the Sword, is the power, or Ruler, but he that is the power, or Ruler beareth the Sword. The Sword here, to wit, the power of coercive, or punitive juſtice, aſcribed to the Magiſtrate, is not put as the cauſe, or conſtituent of his Magiſtracy, but as a conſequent addition, or additament to it. A perſon hath not this Sword firſt, and then, or therefore is, or becometh a Magiſtrate; but he is firſt a Magiſtrate, and then, or therefore he hath, or beareth the Sword.

2. This word Sword cannot be put here properly for that material offenſive weapon that is made of metall, but (by a Metalepſis) for a faculty of power, whereof that, and other forcible weapons are but inſtruments: and not for every faculty of compulſory power neither, for there is the ſword of an enemy, the ſword of a cut-throat, the ſword of a common traveller, but for a faculty of political rule, and authoritative judgement; ſuch a ſword as imports him that hath it a Miniſter of God, a revenger to execute wrath upon him that doth evill.

p. 282CHAP. VIII. SECT. VII.3. And of this Sword the civill Magiſtrate is here aſſerted to be the hearer. Bearing here cannot intend any whatſoever holding in the hand, or bearing by the ſide, for a private perſon; a Sergeant uſhering the Magiſtrate, an Executioner, a Thief may hold a ſword in his hand: but it muſt have a more ſpecial and ſtrict ſenſe, and muſt intend not a corporall, or naturall, but a political act, not a meer manutenancy, or handling of a ſword, but a civill tenure of it.

4. And againe, the Magiſtrate is ſaid to be the bearer, not the founder of the Sword. Gerit gladium, non cudit. He that is a Magiſtrate indeed, neither makes, nor takes the Sword by the force of his owne arme, but receives, hath it delivered him into his hand, and ſo weildeth, and uſeth it.

5. Laſtly, he beareth the Sword, not in vaine, foreign by ſome rendred, without cauſe, or, in vaine, is by others rendred, raſhly. The former interpretation hath reference to the end: in vain, that is, to no end. The latter relates to the principle, and manner of bearing the ſword; in vaine, that is, without author, & reaſon. Neither way doth the Magiſtrate bear the ſword, foreign. For the latter, he bears it not raſhly, that is, not without Author, and certain Reaſon, for he hath not ſnatched it to him of himſelfe, neither hath it happened to him by chance, but it hath been given him into his hands by Gods ordination. So Paraeus upon the place, pag. 103. and Dr. Willet, queſt. 11.