Touching our Present Impositions of Loyalty and Obedience, Chapter 1

Touching our Present Impositions of Loyalty and Obedience · Chapter 1

p. 1CHAP. I. The Original of Civil Power, and our Subjection to it, in this Nation, established.

IT is the usual infirmitie of men of the greatest parts, in their undertaking the satisfaction of Conscience in any matter of practice, which is of moment, to offer so many Reasons and Considerations upon the Subject, that their strength being divided into many things, there are few of their Intelligent Readers but see the insufficiency of what they urge, and thereby judging of the rest, they p. 2do not know where to find the bottom which they are to set their Foot upon, and so are left unresolved in the case.

There is one Famous Text therefore, I shall lay down, for the resolution of the Judgment and Conscience, in that grand matter which in this discourse is undertaken. foreign. Let every Soul be subject to the higher Powers, for there is no Power but of God. The powers that be, are ordained of God. Whosoever therefore resisteth the Power, resisteth the Ordinance of God, and they that resist shall receive to themselves Damnation.

From this piece of holy Writ, I will lay down my Stone, and Build upon it, That the Powers that are, that is the present Powers as they are (I suppose them foreign, Rightful Powers) whatsoever they be, quas tenus they be, must be submitted unto, upon this ground, that they are the Ordinance of God, who disposes of all Powers that are, to be as they are.

We must distinguish here upon necessity. There is the Power it self, and the Constitution, form, or the Qualification (as Dr. Ferne expresses it) of that Power as it is specificated in the kind, individuated in the Persons, and cloathed p. 3with Customs and Laws in any Community or Nation. Again there is foreign, the ordinance or ordination of Gods Precept, instituting or commanding such or such a thing in the law of Nature, or his Sacred Word: and the ordination of his Providence, which Ruleth, Ordereth, and Disposeth the Affairs of this World, and more especially the Kingdoms and Dominions thereof according to his Council and Pleasure.

This thing Power it self; that there should be an Authority in some person or persons, to Rule and Govern for the ends of Society and the common Good (without which, neither Family, nor City, nor Kingdom, nor the World it self (as Cicero, de legibus, has it) could subsist) and consequently that others should be in Subjection to that Power, is the ordination of Gods Precept, the institution of God in the Law of Nature, and so of Moral and Everlasting obligation, the very ground and reason it self of the fifth Commandment. The Constitution or Form of Government, as this power is qualified by the Laws or Customs, that are established in any place or people, according to their interests and concernments, we must know as being that which cannot be gain-said, is, and must be of Humane device altogether, arising I say from mans invention, consultation, institution; and so is called a Humane creature by St. Peter, foreign p. 4foreign, the Ordinance of man, which is doubtless the only impartial Interpretation of that expression. Let a Government be Monarchical, Aristocratical, Democratical, there is not any (the Commonwealth of the Jews only excepted) of God in this sense, but are left by him indifferent to the Nations.

As for that dispute in the way which of thcse is best, it does not conccrn us who are to be subject to that which is. Where the publick interest does become each mans single Interest, and all preferment lies in accomodating himself unto that, there methinks the end of Society is Originally like most to be attained. I will not speak falsly for favour. There is now and then a line about the Venetian State in Bocaline, does touch me more to the quick, than the arguments for his Pope in Bellarmine. Nevertheless in regard that differences will arise among men; and from differences dissention and division among equalls; and from division tumults, wars and ruine: for a blessed mouth hath said it, that A Nation divided cannot stand, it is very likely in my Judgment, that Monarchy came into the World as Episcopacy into the Church, according to St. Hierom, that is Remedij loco, as the best expedient against this inconvenience, and upon that reason is preferred.

Now the great question will be, how the p. 5Powers that are, which comprehend the constitution of Government, with the person or persons who are Governours, as well as the power it self under the same, are to be said the Ordinance of God, which is made the ground of the precept, Be Subject.

I will take here some line in speaking to this. Potestas est jus imperandi, says Arnisaeus. Take the word imperandi at large. A Right to Order, Dispose or Govern, say other Politicks. There is Potestas I count, that goes to the making a Commonwealth, as to the Ruling it. A right now, in or to a thing, a man cannot have, but by the grant of him that hath the propriety. The great and chief proprietor of all things is God, by creation. Upon this his Dominion is Founded. Mans Dominion arises from Gods. Dominion is either private, which is a right to have or use a thing: or publick which is to rule. Publick Dominion then or Government, which is a right to order or rule a Society of men (the principal of Gods earthly Creatures) must be derived from a grant of his, in the Original of it. This grant is an Act of his will, passed in the Law of Nature, or his Word; and this Act we call the Institution. The institution of Magistracy then, is Gods general Rule or Command, Grant, or Charter; which does require and authorize all Communities in the World to agree p. 6and come together into Government, leaving them to their liberty for the framing their own constitution (consisting of the kind of Government and individuation of it in the persons) as it shall conduce most to the common Good. The providence of God now comes in wholly, and disposes, orders, and determines of the minds and resolutions of the Community herein, unto this and that person as it pleases him, who is the Alpha and Omega of all his creatures, and all their actions.

By this we see how Gods institution, and Gods providence do go both to the Powers that be Ordained of God: Yet must this ordination of his, in reference to the objects intended, have its distinct explication to resolve what is proposed. The Powers that are do necessarily comprehend these two things, the Power it self which denominates the Recipient, Subject, or Subjects wherein it resides to be Powers: and the Persons or subjects themselves that are denominated Powers, which includes the sort of Government with the same. The words, of God, ordained of God, do likewise contain two things according to their common sense in other Scriptures, to wit, Gods Decree, Counsel, or Providence, and his Law, Word, or Precept. Let us but adjust these matters now as we ought. The abstract, thing, Power it self, which in the p. 7Nature of it is nothing but a right (a right to Govern, as was even now said) must proceed necessarily from that will of God which is grantive or institutive, that is, from his Law, Word or Preceptive ordination. The persons, denominated Powers, together with the kind of Government included in the same, being not determined by Gods Word or Law, but left to the liberty and choice of men themselves, are of God by his decree, dispose, or Providential ordination. The Powers then that are in the Text, that is, the Powers concretively taken, are of God by his Providence, and are of God by his Institution. The concrete contains the abstract in it. They are of God by his institution in regard of the abstract, because the abstract thing is wholly from thence: and they are of God by his providence in regard of the kind of Government, and the Person. And thus far may the arguments of Mr. Gee in his elaborate discourse of The divine Original of the Magistrate (c. 5. §. 3). take place. The thing Power it self wheresoever it resides, derives it self from Gods grant, and the Concrete hath divine warrant on that account. That will answer what he brings, which though he seems to strain higher then so, untill I shall hear some Minister in stead of Charles by the Grace and Appointment of God, to say, Charles by the Law or Word of God, of England p. 8King, I shall be pretty sure, where his cast must be pitched. And when I have said already that the Constitution of the Government and persons governing (simply considered in themselves) are not of God imaginably by way of institution (but for the sake of the abstract thing, Power it self), they must be the ordination of his Providence. They are what God hath appointed, ordered, determined to be where they are, and that is the respect, I judg, wherein these Humane creatures or Ordinance of man in St. Peter, are the foreign the ordination of God in St. Paul, upon which we see our Subjection is Founded.

It is certain that the abstract thing, Authority it self, is that alone which is of Divine necessity. Now shall a man hereupon plead thus? As for our Rulers and Laws, they are all nought, we like not any thing of the very constitution, and if we combine to endeavour the extirpation of the whole, we will not meddle with what is Sacred. That which he hath appointed is, that there should be Authority and Subiection which we intend in Rulers and Laws that shall be better, but as for the form of Government, the persons Governing, and laws Established, these are humane every jot, and not at all the Ordinance of God, which we resist not. God forbid that any should presume to p. 9argue thus, for it is not only the Power it self, but the Powers that are, whether the King as Supreme, and those sent by him, the Power and the Qualification of it, which are to be submitted to by this Text, and that upon this ground, that they are the Ordinance of God.

There is no Christian goes to his prayers, but he is to pray that the will of God be done. How far this will may be extended, Christ hath taught us in that passage in his Agony, when Flesh and Bloud would willingly have had that Cup to pass, he adds, not my Will, but thy Will be done. What will was that? Not his Preceptive will; the Jews were not bound sure to put to death the Lord of Glory and shed innocent bloud: but his Decretive Will, what Gods hand had determined before permissively to be done. Let the will of Gods good providence be what it will, when man does not know it he may submit to it; and when he knows it, must not he do it? The Powers that are, as they are, are the ordinance of his decretive Will, and the Institution presupposed, that is the ground we are not to resist them (the ground of the command not to resist) upon pain of Damnation. I mean not as if the Will of God in the rightful constitution of Kingdoms were but permissive only, for so there is p. 10no agreement of Thieves and Robbers to steal and kill, that is not by the Will of God, not hindering what they act, which yet he doth forbid and punish: but I understand it as that which doth both concur effectually to the doing as in all acts that are good, and by his command of our Subjection approves and conserves the same being done. Si ordinationis voce res intelligeretur quam Deus tantum non vult impedire quo modo se Deus habet circa vitiosos actus nulla sequeretur inde honoris obligatio, nec tantopere hanc potestatem predicaret; Sequitur ergo ut ordinata haec potestas voluntate Dei approbante intelligatur. Nor will I be understood after this to exclude the universal Law of Magistracy, or institution of the Office, from Gods Ordination, for that indeed is to be presupposed to the Apostles precept. He could not bid us Be subject, if that command had not its rise and Foundation in Nature, and so is to be fore-conceived I account, or presumed to the same.

In sum, the powers that be then, are of God, by his providence, by his approbation, by his law. By his providence as I have already shewn. By his approbation, as all wholsome Laws which men do make, ut humana et humano modo, are approved of him. By his law, as there is an universal ordinance for government, from whence, a Commonwealth being framed and the p. 11Person or Persons designed, the Power does immediatly come, and in regard of the abstract thing, Power is self being immediatly from God, the Powers in the concrete are said thus to be ordained of him. Well, to go on where I left (not excluding the second and third in the first) God does think fit the powers should be as they are, thou art discontent and wouldest endeavour to alter them; who art thou O man, that wouldst intrude inro Gods Seat? Dost thou know when thou comest to the bottom of this, what it is thou comest to? Thou wouldest be wiser than God, thou wouldest Usurp his providence, and have things otherwise. Thou wouldest indeed be God in his place.

But are we here at the Root? And is this firm? There is nothing comes to pass, but it is the Will of God, and must I submit to every thing, that is, so as not to desire and endeavour it be otherwise? May I not desire and strive to remove those evils that oppress me, because Gods Will is they should fall on me? I say, no doubt of it, It is Gods Will, the Will of his purpose, that you should have these aflictions, and suffer as you do: and it is Gods Will, the Will of his precept, that you should use the means to free your self if you can, and upon this account you act and endeavour warrantably. But if p. 12God bring on you any evil, and command you to bear it with that vertue as becomes that condition, and not go about to change it, for it is his will, then is the case otherwise. When the people of Judah had their City and Land ransacked by Nebuchadnezzar, and they were afraid of tarying in the Land, and so thought of going to Egypt, this was doing no more then the Law of self-preservation might warrant; but when God had brought on them that calamity, and commands them to stay in the Land, under these Governours that were there, and obey them, then could they not go about to fly, but they resist the Will of God, and must expect a punishment suitable to their disobedience. Such is the case here, the governments that are, are appointed of God: There is the institution of the Office, by the universal Law of Nature always standing; there are these actual disposals of providence, making over the power to the individual persons; and such as they are therefore being once established, that ordination of God, is the ground upon which the Apostle builds this precept, Be subject to them; and the precept once taking place, makes our endeavour of alteration to be evil without any more adoe. Thou shouldest apply thy self to faith, and patience, and prayers, and thou thinkest of defence, and arms, and change of thy state.

p. 13When the Nation of the Jews had been under a Theocracy (God raising up Judges under him for their deliverance on all occasions) and they would needs have a King as other people, whereby they cast off God and so sinned (or else we might be tempted easily to think it no sin at all to cast off any man) Samuel tells them the Manner of their King, thus and thus he should do unto them, which was all grievous God knows: but let him do what he will, this in fine becomes their duty, they must submit to him, and nothing else can be done. Not that the doing thus and thus there mentioned, was lawful in a Moral sense, the King was to be accountable for the use of his power; nor that it is meant only, thus and thus he would do against Right: but thus and thus he might do in a Political sense, so that if he did, according to the jus Regis of that State, they might not rise against him for it. There was no weight otherwise in his diswasive from a King; fo they might say, if the King will do as you threaten, we will turn him off presently and choose another, or change our Government again at pleasure. No, they might have recourse to God, and cry unto him (as the text says) but help themselves they could not, Where the word of a King is, there is Power, and who can say unto him, what dost thou?

p. 14Not but that we are to distinguish between Subjection and Obedience, if I may use Dr. Fields words, and the sense of all Divines whatsoever. We are not to do always whatsoever the Magistrate commands; for he may command what is evil, and when God forbids what man requires, the greater Authority must take place of the less, according to the known decision of the Apostle in that case. Nevertheless we are to be in Subjection still, not disowning his Authority, but being ready to suffer his will (understanding that readiness aright) when we are not able to do it. Tum in sacris tum in profanis rebus ne{que} iubentia ne{que} vetantia precepta obligant ad agendum omittendumve aliquid contra legem Dei, sive naturalem sive positivam, sed duntaxat ad patiendum, id{que} tum demum ubi paena evitari nisi vi opposita non potest, Grotius de imperio summarum potestatum circa Sacra, p. 98.

It follows not then neither, that any man from hence may set the Text of St. Paul at variance with himself, and with St. Peter, and acknowledging that so long as the Magistrate is Gods Minister indeed, a terrour to those that do Evil, and a praise to those that do Well, he is to be obeyed, but when he shall do contrary, and be an encourager to vice and a terrour to the good, he is then not Gods Minister for our p. 15weal, and to be submitted to no longer then till we can get power to deliver our selves out of his hands. God forbid! The title of the Epistle and the time when the Apostle wrote, will be a good refutation of this conceit. The Epistle is to the Romans, and the Emperour of Rome was then one of the vilest Monsters upon Earth. There is the Magistrate, and there is his Acts, and Laws, and Courses he takes. The Acts and Commands of a Magistrate, as his courses, may be such, as are not for the common good: and the Laws of a Superiour which are not just and good, do not oblige the Conscience, Dr. Taylor tells us Cas. l. 3. c. 1. r. 3. Quod necessariam non habet conjunctionem cum fine publici commodi (according to Suarez) non potest praecipi lege humana. See him de legibus l. 1. c. 7. The Magistrate nevertheless, and his Government, and other Laws which he conserves, are for the common good, and not to be resisted, but upheld. If Nero be Gods Minister for their good, and those governours sent by him were for the punishment of evil doers and praise of them that do well: If Nebuchadnezzar be Gods Servant, and to be submitted to on that account, then may not the wickedness of a Ruler, or the abuse of his power, priviledge us from our duty. If he does not his, yet must we do ours, and rely upon God. It appears then (as is p. 16suggested) there is a difference between the Magistrate and his Command, as to the Authority they bear. Wheresoever there is the thing Power or Authority, it must, I will account, be obeyed, for Power is a ray of divine Majesty: But there is no man, the very truth of all lies there, can indeed have any power in things that are unlawful. For power being a right to command, which derives from the grant or will of the Supreme Majesty, as hath been said: and there being no will of God, or any grant of his, that any person should command that which he has forbidden, it follows directly that such a command which does so, is devoid of power, and that, that is the reason at the bottom of our Non-obedience thereunto, when subjection to the person and his Authority, is due still, by the precept of the text.

I will yet distinguish, There is the end of the power, and the ends of those that are in power, Isa. 10.7. Whatsoever the ends of those who are in power be to the fulfilling their own wills, the end of the power is for the common good; and so long as that power, with the ends of it, are committed to such a person, we are concluded; insomuch that when we have the courage not to obey him in evil (if he errs de fine) for wrath sake, we must have the patience to suffer in well doing for Conscience sake, and be in subjection p. 17still to the ordination of God. Distinguendum est inter Imperij actum qui subditum ad agendum movet, & vim quae patiendi aliquid necessitatem illi imponit. Cum Imperii actus effectu suo, hoc est, obligatione caret, vis tamen eo nomine illata effectum quendam habet, non tantum Physicum sed & moralem, non ex parte agentis, sed ex parte patientis, hunc scilicet, ut eam vim vi repellere non liceat.

He is the Minister of God for our wealth (says the Apostle) therefore he must judg what conduces to our wealth. I know in mix'd States, as ours, the whole people, at least in their Representatives, do judg of their own weal, and so choose and preferr their Laws: yet seeing the King has a negative vote, there must be a judgment which is absolute in some kind (as is agreeable to the nature of the State) committed to him de fine & mediis what is for his peoples safety, and what is for their destruction. Which yet is to be understood in reference to the Universality, not destroying that Judgment of private discretion, which every particular man must have, as to the lawfulness and expedience of his own actions. I will shut up this with a saying of Tacitus, much made of I find, by Writers, on this Subject. I took it up last from Dr. Hakewel in his Scutum Regium. Bonos principes voto expetere debemus, p. 18qualescun{que} pati, & quomodo sterilitatem, aut nimios imbres, & caetera naturae mala, sic luxum & avaritiam dominantium tolerare.

You may say if here indeed be the ground of our subjection, then must many good people in the World be in a sad condition; for let their Government and Governours belike, be as evil as they will, they must bear it, and have no remedy. God hath ordained them as they are, and if they submit not thereunto, what is it, but they will not have Gods Will to be done? They resist his Ordinance, and shall incurr his Judgment. I answer, let this seem as hard a condition to the subject… … can, it is to be received as the tru… …nd the Religion that is Christian; as th… very intent of the Apostle in the place. If Christ command thee to turn thy Cheek to the Smiter, and receive one blow after another, rather then to revenge thy self and strike again, Resist not evil, is there any towards whom this is to be exercised like unto our Rulers? Here is one part of a disciples denying himself, and taking up his Cross; of that Meekness, Humility, Faith, and Patience, with the like Christian Graces he is to actuate all his life. The Lord his God knows what is best for him, and such a submission, though unto death, is better for him in the everlasting Issue, then to be freed from it; or else his Father would never p. 19have appointed him to it, as he did all his fellow Servants, during the first Persecutions, which made so many to suffer, and lay down their lives, when their Towns and Cities were so full of Christians, when particularly a whole Legion of 6666 (if that Story be true) could yeild to a decimation twice over, upon an injunction to Sacrifice to Idols, while the Sword was in their hands, rather then resist, and incurr the danger of this Text, by a defence so just, that you perhaps are tempted to have lik'd them better, if they had done it. But the Weapons of their Spiritual Warfare, were more mighty then their Carnal, which made them lay down these, and fly only to their Prayers and Tears, to their believing and suffering, and the Will of God be done.

Nevertheless, as for our State, God be blessed our condition is not so hard in this Nation under the Powers that are, but if there be any thing that is grievous to the people, it may be altered in a way agreeable to the same. that is, by the way of Parliament, with consent of the King: So that to endeavour any alteration that way, is no resisting the ordinance of God; for Gods Ordination with us is such, as allows such an endeavour when it is needful, in the ground-work of the Land. To this purpose I observe, in the Act for preservation of his Majesty, p. 20where it is made a Premunire to affirm, there lies an obligation on any from the Covenant, to endeavour a change of Government in Church or State, and highly criminal to speak against the same as now established; there is a Provided, that the Act deprive not the Houses of Parliament their priviledg, of debating any matter touching the repeal or alteration of any old, or preparing any new Laws, or the redressing any publick grievance: Now we must take consideration therefore, of persons in a publick, or in a private capacity. Let a man who is in a publick capacity, as a Clerk of the Convocation, or Member in Parliament offer any thing of alteration (I speak as to the Administration, not Constitution of the State, which they are not to alter or dissolve) that is commodious to the Church or State, and prosecute it with vigour according to his Conscience, this is to be look'd upon, as a part of Subjection, which the Powers that are do require of him in his place, not any resistance of it. But let a man who is only in a private capacity go about to make any alteration, that is, in a way not allowed by the Powers that are (whereas if it be in a way appointed, he may be reckoned to act in a capacity political, though a private person) this mans endeavour is a resisting Gods Ordinance in the most intimate sense that the thing does import. p. 21For what is resistance here? It is not the refusing Obedience to what the power commands, seeing that may be done in case of sin, without blame: but it is refusing Subjection, and not yielding to the Power that is, when a man cannot bear with it, but will have the ordinance of God to be otherwise then it is, and so goes about, whether by Arms or other means not appointed, to undoe what by his providence is established; that is, endevours it be not, so much as in him lies, and what is resisting more directly then this is? Take heed, will you dispossess God of his dispose of things according to … …wn Will, as if he did not know what w… …ter for the World and for your self then y… If you go the way before, you follow Prov…nce, if you go any other, you resist it. And he that resists, receives to himself damnation.

Having purposed here the end of this chapter, a rub stays me, There are some very likely, may be apt to think, that those persons who have a title to the Government in any Land according to the constitution thereof, have more then providence to plead for their being the Powers ordained of God in the Text of the Apostle, and so may find fault with something here that is passed. I answer, If any Ruler have indeed more to plead for his being of God then p. 22providence, then hath he providence to plead for it, and what I have sa d on that score, will do him no hurt: Nevertheless the constitution it self, and so the title any have according to that constitution, and the persons to whom the Government belongs according to that title, are of God, we are to know really, no otherwise, then by his providence, which hath ordered and disposed the hearts of men to agree so, that according to such a constitution, such a person, should have such a title, and so being designed for the Government there is nothing else but the institution of the Office with it, that goes to the making him the power ordained of him.

That there should be some to bear the Sword for the punishment of Vice, and encouragement of Virtue; or that some should be the Ministers of God for the common good, which is that I call the power in the abstract (that is abstracted from the Qualification put on it by the constitution) is the Precept of God expressed in the Apostle, and in the light of Nature, and so of divine institution: But what the person or persons shall be who bear the Sword, what the form of Government, what the constitution, what that which shall give title according to it, what the terms upon which the Government must be held, and the several p. 23particular customs and laws which are convenient to be observed, according to the diversity of place and Nation, These are all (if they may be called all, which come in effect into one, to wit, the Qualification of the Power, as I call it otherwhere) left to the liberty of man: and to go about the thinking out any other Ordination of God, then this of his Wisdom and Providence in these things, will quit no cost, because it cannot put any barre to the Ʋsurper, nor bring any more advantage to the rightful Governour then this does. For how shall that man who usurps the Government plead any title from providence, when it is the Ordination of Gods Providence in the Nation, which is directly contrary to his claim? The Act of providence, productive of Civil power, is that, which disposeth of the right and title, and not of the meer possession, says Mr. Gee herein very well, p. 129. And which security is greater to the Prince, to make a resisting of him to be a resisting of Gods Precept only, or to be a resisting Gods Providence also, a foreign, and entring Gods Throne? Nevertheless, in regard that there are few or no Dominions Hereditary, but there will now and then step up one out of his rank, and it is very dangerous to make the people judges of their Princes titles; and in regard that the command of God and Nature for Government it p. 24self, or the necessity thereof in general, is so far to be prefered before the singular interest of any person or persons therein concerned, there is a determination to be attributed to Providence over-ruling the Title in some case; which, if I may deliver my opinion, in short will come to this, that though no person, as to himself, does become the Power ordained in the Text meerly for his possession, yet does he become so to us upon his reception, and good Administration.

I distinguish here, between the part of the Usurper, and the Subject; Between the Usurpation, and Gods Providence ordering and disposing the wills and consent of the people to his admission. The occupant, I judg, cannot hold what he has got, with a good conscience toward God and his Neighbour whom he hath wronged, but he is bound to restore it to him that hath the right Title: yet I think (I say) when Providence hath precluded him from any possibility of returning to enjoy it, and hath enclined the hearts of the generality to a dedition, the particular Subject for his part is concluded in point of Subjection. And this I suppose our Law does favour, which will own the wholsome Statutes of a Richard the 3d. or Henry the 4th. as of an Henry the 2d. and Richard the 1st. And if it were p. 25not so, then might the thirteenth to the Romans for several if not the most part of our Kings, from the Conquerour to Henry the Seventh, be laid by, and signifie nothing, and we to reckon no higher Powers during their Reigns, ordained of God in our Nation.