Treatise of Civil Policy, Treatise · Question 33
QUEST. XXXIII. Whether or no the place Rom. 13. 1. prove that in no caſe it is lawfull to reſiſt the King?
THe ſpeciall ground of Royaliſts from Rom. 13. againſt the lawfulneſſeThe place Rom. 13. diſcuſſed. of defenſive Wars, is to make Paul, Rom. 13. ſpeake onelyonly of Kings. Hugo Grotius de jure belli & pac. l. 1. c. 4. num. 6. Barclay cont. Monarch. l. 3. c. 9. ſaith, Though Ambroſe expound the place Rom. 13. de ſolis Regibus, of Kings onelyonly, (this is falſe of Kings onelyonly, he doth not, but of Kings principally) Y…a it followeth not that all Magiſtrates, by this place, are freed from all lawes, becauſe (ſaith he) there is no Iudge above a King on earth, and therefore he cannot be puniſhed; but there is a Iudge above all inferiour Iudges, and therefore they muſt be ſubject to Lawes. So D. Ferno followeth him, ſect. 2. pag. 10. and our poore Prelate muſt be an accident to them, Sacr. San. Maj. cap. 2. pag. 29. for his learning cannot ſubſiſt per ſe.
1. Aſſert. In a free Monarchie (ſuch as Scotland is known to be)The King onelyonly is not underſtood in the Text. by the higher power Rom. 13. is the King principally in reſpect of dignity underſtood; but not ſolely and onelyonly, as if inferiour Judges were not higher powers. 1. I ſay in a free Monarchie: For no man can ſay, that where there is not a King, but onelyonly Ariſtocracie, and government by States, as in Holland, that there the people are obliged to obey the King; and yet this Text, I hope, can reach the conſciences of all Holland, that there every ſoule muſt be ſubject to the higher powers, and yet not a ſubject in Holland is …o be ſubject to any King: fo… non …ntis nulla …unt accidentia. 2. I ſaid the King in a free Monarchie is here principally underſtood in regard of dignity, but not in regard of the eſſence of a magiſtrate, becauſe the eſſence of a Magiſtrate doth equally belong to all inferiour Magiſtrates, as to the King, as is already proved, (let the Prelate anſwerThe King is principally underſtood in the Text, Rom. 13. in regard of dignity, but not only in regard of …ſſance. if he can) for though ſome Judges be ſent by the King, and have from him authority to judge, yet this doth no more prove that inferiour Judges are unproperly Judges, and onelyonly ſuch by analogie, & not eſſentially; Then it will prove a Citizen is not eſſentially a Citizen, nor a Church-officer eſſentially a Church-officer, nor a ſonne not eſſentially a living creature, becauſe the former have authority from the Incorporation of Citizens, and of Church-officers, and the latter hath his life by generation from his father, as Gods inſtrument. For though the Citizen and the Church-officers may be judged by their ſeverall Incorporations that made them, yet are they alſo eſſentially Citizens and Church-officers, as thoſe who made them ſuch.
2. Aſſert. There is no reaſon to reſtrain the higher powers toOnelyOnly Nero cannot be underſtood, Rom. 13. …, Monarchs onelyonly, or yet principally, as if they onelyonly were eſſentially powers ordained of God, 1. Becauſe he calleth them foreign, higher powers. Now this will include all higher powers, as Piſcator obſerveth on the place. And certainly Rome had never two or three Kings to which every ſoule ſhould be ſubject, if Paul had intended that they ſhould have given obedience to one Nero, as the onelyonly eſſentiall Judge he would have deſigned him by the nowne in the ſingular number. 2. All the reaſons that the Apoſtle bringeth to prove that ſubjection is due, agreeth to inferiour Judges, as well as to Emperours, for they are powers ordained of God, and they beare the ſword, and we muſt obey them for conſcience ſake, and they are Gods deputies, and their judgement is not the judgement of men, but of the Lord, 2 Chron. 19. 6, 7. Deut. 1. 16. Numb. 11. 16, 17. Tribute and wages be no leſſe due to them, as miniſters and ſervants, for their work, then to the King, &c. 3. The Apoſtle could not omit obedience to the good Civill Lawes enacted by the Senate, nor could he omit to command ſubjection to Rulers, if the Romanes ſhould change the Government, and aboliſh Monarchie, and erect their ancient forme of Government before they had Kings. 5. This is Canonicall Scripture, and a cleare expoſition of the firſt Commandement, and ſo muſt reach the conſciences of all Chriſtian Republicks, where there is no Monarchie. 5. Parallel places of Scripture prove this. Paul, 1 Tim. 2. 1, 2. will have prayers made to God, for Kings, and for all that are in authority, and the intrinſecall end of all is, a godly, honeſt, and peaceable life. And 1 Pet. 2. 13. Submit to every ordinance of man for the Lords ſake. Tit. 3. 1. It is true, ſubjection to Nero, of whom Tertullian ſaid, Apol. 5. Nihil niſi grande bonum à Nerone damnatum, is commanded here, but to Nero as ſuch an one as he is obliged, de jure, to be, (whether you ſpeak of the office, in abſtracto, or of the Emperour, in concreto, in this notion, to me it is all one) but that Paul commandeth ſubjection to Nero, and that principally and ſolely, as he was ſuch a man, defacto, I ſhall then beleeve, when Antichriſtian Prelats turn Pauls Biſhops, 1 Tim. 2. which is a miracle. 6. Inferiour Judges are not neceſſarily ſent by the King, by any divine Law, but choſen by the people, as the King is; and defacto, is the practiſe of creating allVatab. Homines intelligit publica authoritatep…aeditus. Magiſtrates of Cities in both Kingdomes. 7. Auguſtin. expoſ, Prop. 72. on Epiſt. Rom. lrenaeus l. 5. c. 24. Chryſoſtom. in Pſal. 148. and on the place, Hieron. Epiſt. 53. adverſ. vigilant. expound it of Maſters, Magiſtrates; ſo do Calvin, Beza, Pareus, Piſcator, Rollocu. Marlorat. So do Popiſh Writers, Aquinas, Lyra, Hugo Cardinal. Carthuſ. Pirerius, Toletus, Cornel. à Lapide, The P. Prelats poore reaſons reſtraining the Text to Kings, anſwered. Prelat. Sac. Sanct. maj. c. 2. pag. 29. P. Martyr. Varia ſunt poteſtatum g… nera—regna, Ariſtoc…atica, Politica, Tyrannica, Oliga…chica—Deus etiam illorum author. Willet ſaith the ſame, and ſo Beza, ſo Tolet. Haymo.Salmeron, Eſtius, expound the place; And therefore there is no argument, that Royaliſts hence draw againſt reſiſting of the King by the Parliaments; but they do ſtrongly conclude againſt the Cavalliers unlawfull warres againſt the Parliaments and Eſtates of two Kingdomes: Here what P. P. ſaith to the contrary. 1. They are called eminent powers. Ergo, Kings only. Anſw. It followeth not, for theſe can be no other then foreign, 1 Tim. 2. 2. But theſe are not Kings, but in the Text contradivided from foreign, Kings, and they can be no other then foreign, Principalities and powers. 2. The reaſon of the Apoſtle proveth clearely, that foreign ▪ cannot meane Kings onelyonly, for Paul addeth of that ſame foreign, For there is no power but of God: It muſt be there is no ſupereminent Royall power, but it is of God, and the powers Royall onelyonly (ſo he muſt meane) that are, are ordained of God. Now this latter is manifeſtly falſe, for inferiour powers are of God; The power of the Roman Senate, of a Maſter, of a Father, are of God. P. Prelate. Peter muſt expound Paul, and Pauls higher powers muſt be, 1 Pet. 2. foreign. More reaſon that Paul expound Paul: Now 1 Tim. 2. 2. foreign, All in authority are not Kings. P. Prelate. (Are of God) or (ordained of God) cannot ſo properly be underſtood of ſubordinate powers, for that is not by immediate derivation from God, but immediately from the higher power the King, and mediately from God.
Anſw. It is moſt falſe that King David is ſo immediatly a King from God, as that he is not alſo by the mediation of the people, who made him King at Hebron. 2. The inferiour Magiſtrates are alſo immediate vicars and miniſters of God as the King, for their throne and judgement is not the Kings, but the Lords, Deut. 1. 16. 2 Chron. 19. 6. 3. Though they were mediatly from man, it followeth not that they are not ſo properly from God, for Wiſdome Prov. 8. ſaith as properly, ver. 16. By me Princes rule, and Nobles, even all the Iudges of the earth, as ver. 15. By me Kings reigne; and promotion is as properly from God, and not from the Eaſt, and the Weſt, Pſal. 75. 6, 7. Though God promote Ioſeph by the than… full munificence of Pharaoh, and Mordecai by Ahaſuerus, Daniel by Darius, as if he gave them power and honour immediately from Heaven.
Prelat. Learned Interpreters expound it ſo. Anſw. It is an untruth, for none expound it onelyonly and principally of Kings. Produce one Interpreter for that conceit. Prelat. Paul wrote this when Nero was Monarch. Anſw. Then muſt the Text be expounded of Nero only. 2. He wrote this when Nero played the Tyrant, and perſecuted Chriſtians: Ergo, We are not to diſobey Nero's now. 3. He wrote it when the Senate of Rome had power to declare Nero an enemy, not a Father; as they did. P. Prelat. foreign muſt be referred to the Antecedent foreign ▪ and this, There is no power, foreign but of God; muſt undeniably inferre, there is no ſupreme power but of God; and ſo Soveraignty relates to God as his immediate author; ſo Sectaries reaſon, Gal. 2. 16. Not juſtified by works, (foreign) but by ſaith onelyonly. Then foreign, muſt be a perfect excluſive, elſe their ſtrong hold for Iuſtification is overthrowne. Anſw. foreign, hath a neerer Antecedent, which is foreign, it is alone without foreign, And this Grammer is not ſo good as Beza's, which hee rejected. 2. foreign, will referre to God alone, as the onelyonly cauſe, In genere cauſae primae. God alone giveth raine: but not for that immediatly, but by the mediation of vapours and clouds. God alone killeth and maketh alive, Deut. 32. 39. That is, excluding all ſtrange gods, but not immediatly; for by his peoples fighting, he ſlew Og King of Baſhan, and caſt out ſeven Nations, yet they uſed bow and ſword, as it is in the book… of Ioſhua; and therefore God killed not Og immediatly. God hath an infinite, eminent, tranſeendent way of working, ſo that in his kinde he onelyonly worketh his alone: Deus ſolus operatur ſolitudine primae cauſae, non ſolus ſolitudine omnis cauſae, God onelyonly giveth learning and wiſdome, yet not immediatly alwayes; often he doth it by teaching, and induſtry. God onelyonly maketh rich, yet the Prelates make themſelves rich alſo with the fat of the flock, and God onelyonly maketh poore; yet the P. Prelates Courts mediately alſo under God, made many men poore. 3. foreign, is not ſuch an excluſive Particle when we aſcribe it to God, as when we aſcribe it to two created cauſes, workes, and faith; and the Proteſtants forme of arguing▪ Gal. 2. to prove we are juſtified by faith, he calleth our ſtrong hold: Ergo, It is not his ſtrong hold. In this point then hee muſt be a Papiſt, and ſo he refuſes to owne Proteſtant ſtrong holds, for juſtification by faith alone.
D. Ferne ſect. 2. pag. 10. As many as have ſoules muſt be ſubject to the higher powers ſpoken of here; but all inferiour Iudges have ſoules. Anſw. If the word (ſoules) be thus preſſed, none ſhall be underſtood by higher powers, but the King onelyonly▪ 2. Certainly, he that commandeth as he commandeth, muſt be excepted, except, becauſe the King hath a ſoule, you muſt ſubject the King to himſelf, and to his owne commandements Royall; and ſo to penall Lawes.
3. Inferiour Judges, as Judges by this text, muſt either be ſubject to themſelves as Judges, and by the ſame reaſon, the King muſt be ſubject to himſelfe, as he is a Judge: Or Judges as men, or as erring men are to be ſubject; which I would grant, but they are not ſubject as Judges, no more then one as he commandeth, can alſo obey as he commandeth. Theſe are contradictory; I am not put off that opinion ſince I was at Schools, Species ſubjicibilis qua ſubjicibilis non eſt praedicabilis.
4. If Nero make fathers rulers over their mothers and children, and command them, by his publique ſword of juſtice, to kill their owne children and mothers; if a Senate of ſuch fathers diſobey, and if with the ſword they de…end their own children and mothers, which ſome other Doegs as Judges are to kill, in the name and commandement of Nero: Then they reſiſting Neroes baſtard-commandment, by this doctrine reſiſt the ordinance of God, and reſiſt the Miniſter of God. I have not a faith ſtretcht out ſo farre to the Prelates Court-divinity. Yet Ferne ſaith, there was never more cauſe to reſiſt higher powers, for their wicked Nero was Emperour, when he now forbideth reſiſtance Rom. 13. under the paine of damnation.
I deſire to be informed, whether to reſiſt the Kings ſervants be to reſiſt the King. Doctor Forne p. 3. §. 2. p. 10. and par. 3. §. 9. p. 59. allow us in unavoidable aſſaults, where death is imminent, perſonall defence without offending, as lawfull, whether the King or his emiſſaries invade, without law or reaſon. Well then, the reſiſting then of the Kings cut-throats, though they have a perſonall command of the King to kill the innocent, yet if they want a legall, is no reſiſting of the King, not as King, and the ſervant hath no more then the Maſter giveth, but the King in lawleſſe commandements gave nothing royall to his cut-throates, and ſo nothing legall.