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A85885 An exercitation concerning usurped powers: wherein the difference betwixt civill authority and usurpation is stated. That the obedience due to lawfull magistrates, is not owing, or payable, to usurped powers, is maintained. The obligation of oaths, and other sanctions to the former, notwithstanding the antipolitie of the latter is asserted. And the arguments urged on the contrary part in divers late printed discourses are answered. Being modestly, and inoffensively managed: by one studious of truth and peace both in Church and state. Hollingworth, Richard, 1607-1656.; Gee, Edward, 1613-1660, attributed name. 1650 (1650) Wing G449; Thomason E585_2 84,100 90

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say I shall take notice of when I have layed down mine own sense and Reasons I shall therefore here labour to make good these two things 1. That meer forcible extrusion deprives not any lawfull Magistrate of his right and title to supreame Power 2. That violent possession gives no right to the Seat of Authority and consequently the Subjects allegiance is not turned about by the changes of powerfull possession and dispossession 1. Forcible extrusion or dispossession divests not of Dominion that the state of the Subjects allegiancec should be altered by it First if the vindication or recovery of a Princes or peoples right of Dominion out of which he or they are ejected or excluded be a justifiable ground for his their and others in their behalf leavying and waging war and prosecuting with the sword those that withstand the said recovery then the right of him that is expulsed by force is not cancelled or disanulled The reason of this consequence is of it self evident for nothing can be the ground of a war but a just and reall title either to be defended or recovered but I assume the recovery or redemption of a Princes or peoples right to a Kingdome with-held or wrested from him or them is a just ground of drawing the Sword and commencing a war This is proved if it needeth any proof by the war of the Judges people of Israel against the Kings and Nations that at severall times invaded and ruled over them against whom they rose up and rescued themselves and the Dominion of their Land from them the story of which acts we have in the book of Judges and by the warres of Samuel and Saul against the Philistines recorded in the 1. Book of Samuel as also by Davids warlike undertaking against and suppression of Absolom who had carried away all Israel after him into a Rebellion against David expulsed him out of the Land 2 Sam. 15. c. and 19.9 In like manner by Jehoiada's and the peoples rising in Arms against Athalia the usurping Queen 1 Macca chap. 1. c. in the right of Joash and their suppressing and destroying her and enthroning him by force of Arms. 2 King 11. And by the wars of the Maccabees against Antiochus Epiphanes and his successors g Ioseph de Bell Iudaic. lib. 1. cap. 1. Cron. Carion lib. 2. And the many undoubtedly lawfull wars of other Princes and States in such causes as these which to insist on is superfluous in so clear a matter Secondly If right and title to Soveraignty be not built upon possession but upon the Law of the Land or other consent of the people then it is not lost by dispossession this consequence is founded upon that which a learned Statist h Considerations touching a warre with Spaine written by Francis Lo Ve●ulam c. pa. 3d. saith Is a received maxime almost unshaken and infallible Nihil magis naturae consentaneum est quam ut iisdem modis res dissolvantur quibus constituantur There is nothing more agreeable to nature then that things should be disolved by the same means they are constituted From which he infers very pertinently to our case in hand That if the part of the people or Estate be somewhat in the Election you cannot make them nulloes or ciphers in the prorivation or translation But the right and title of Soveraignty is not built upon possession which the proof of the latter Position will clear but upon the peoples consent which hath gone for so currant an axiome especially of late that it will certainly passe without contradiction Thirdly If a private property be not lost by losse of possession neither or rather much lesse can such a publique property be lost by that means there can be no such difference made betwixt them as to enervate this consequence and however who sees not the incongruitie of this that that which is the conservatory and protection of a private mans property should be of a so much more slipperie tenure then it but a private property is not lost by dispossession if it were for what use serveth the Law or Magistracy one main end of which hath been to vindicate the Subjects right from usurpation or what call you property But he that either hath any or granteth such a thing to be as property will let this assumption passe Fourthly If violent extrusion take away a Soveraignes right then rebellion where it prospers and prevails is no treason for there can be no treason or other crime imputed as against the Crown dignity or authority of them whose right therein is extinct and null so that they are onely according to this opinion traitors or rebels that rise up in Arms and rebellion against the lawfull Power and do not succeed and speed according to their desires By this account treason and rebellion shall consist not in the maliciousnesse of the intent or attempt but in the misfortune of successe or impotency of the prosecution of it Fifthly If force dissolve Magistracy then that prohibition of resistance under pain of damnation Rom. 13.2 is in vain in that it concerns onely them that cannot resist effectually and is no more then if he had said resist not ye that want power to do it lest if ye do ye incur damnation for they that have power and please to use it to the deposing of the Magistrate being that in so doing they put an end to his right how can guilt remain on them 2. Violent intrusion into and possession of the Seat of Authority gives no right to it and consequently neither draws allegiance after it nor evacuates it in relation to another First an unjust action cannot produce or create a right i Non est aequum ut ex actu injusto ius sibi quis acquirat D. Sand. de Iuramenti oblig Praelect 6. Sect. 4. Morall good and evill are at such distance that the one cannot be the cause the other the effect but violent intrusion into Authority is an unjust action Luk. 12.14 Man who made me a Judge c. and that whether it be by one that should be a Subject to that power Rom. 13.2 Whosoever therefore resisteth c. ver 5. Wherefore ye must needs be subject c. Tit. 3.1 1 Pet. 2.13 or by a Forreiner Judg. 11.12.27 2 Chron. 20.10 2ly If violent occupation made a right k O pubes domitura Deos quodcunquaevidetis pugnando dabitur praestat victoria mundum Cl. Claudiani Giganto machia then it were lawfull for any that could make a sufficient strength for it to rise up in Arms invade and seise on any Kingdome or Territory he can prevail over yea to kill and destroy men and Countreys for Empire and Dominion as l Cicero scribens de officiis tertio libro semper Caesarem in ore habuisse Euripidis versus quos sic ipse convertit nam si violandum est ius regnanti gratia violandum est aliis rebus pietatem
means not meerly power or authority abstracted from persons but persons clothed with that Authority Now that persons clothed with Authority may be said to be of God there must be not onely Gods institution of the office or magistracy in the abstract for the meer ordaining of the office makes not this or that man a Magistrate more then another but also his ordering of the persons to the office but they that are thus ordered of God viz not providentially alone but by way of vocation approbation and authorization as it is above proved the sense of the words of God must import to the Magistrates place must needs be granted to be lawfully possest of it or to have to it a just title This universall negative therefore of the Apostle There is no power but of God must not be taken in the simply universal sense as if there were no other power in the world but such but as a restrained universall to wit There is no lawfull power but of God and so alone can I conceive it consistable with that of the Prophet Hosea 8.4 They have set up Kings but not by me they have made Princes and I kn●w it not These two sayings of the holy Ghost must needs be true and therefore must not be contradictories which they are not if you take them uttered in a divers respect the former of a lawfull the latter of an illegall magigracie 2ly The powers here are said to be ordained of God and v. 2. to be the ordinance of God Jud● 4. Ier. 33.25 that is not by his decree or handie-work meerly as ungodly men are said to be ordained to condemnation and the being and posture of heaven and earth are said to be Gods ordinances but by his word or written sanction a person in this acception is to be tearmed Gods ordinance that is by divine rule put into a place or state those Magistrates then onely can be said to be ordained of God and his ordinanance that for the substance at least enter by the doore that he hath made or the means and manner he hath prescribed The sons of Aaron in their priesthood and the Levites in their ministery were Gods ordinance in as much as they were ordained according to Gods appointment Whereas Korah and his company Levit. 8. Numb 8. though they officiated as Priests yet they were not so because they wanted that ordination A man and a woman are by Gods ordinance husband and wife who are espoused together according to divine rule and not they who onely perform the acts of such one to another In like manner not whosoever can get into the Seat of Authority by any means are Gods ordained but they who come in according to Gods prescript and regulation Abs●l●m and Adenijah though they got into the kingdom of Israel were not Gods ordinance but David and Solomon whose places they usurped were these being put into the place by Gods direction 3ly The Power here may not be res●sted under pain of damnation v. 2. But 1. An usurped Power or they that get men under their command by force without right may be resisted and subdued Gen. 14. Abraham and his confederates justly took up Arms and by them rescued Lot and the Sodomites from Chederlaomer and his participhants The Judges and Tribes of Israel righteously warred against and vanquished the Nations that successively obtained and exercised dominion over them in the book of Judges so did Samuel and Saul against the Philistines that were for a time their masters 1 Sam. So did David whilest he was king in Hebron with the house of Judah against Ishbosheth Abner and all Israel 2 Sam. 2.8 9 c. 3.1 2 Sam. 18. 2 King 11. so did David and his men against Absolom and the people that followed him so did Jehoiadah in the right of Joash against Athalia Lastly thus did the Maccabees against Antiochus and his race Which examples I but mention having urged the most of them before b Tyrannum absque titulo qui est invasor quilibet privatus potest debete medio tollere neque enim ille Rex est sed privata persona Alsted Theol. Cas ca. 17. Reg. 8. And indeed to imagine the Apostle here to tye men conscientiously and under pain of damnation to obey and sit down without any reluctancy under yea to maintain assist and sight for them who do by force without any right at all usurp Authority over them though they were Turks theives Irish Rebels Papists or whoever the worst of men and cruellest of Tyrants and though the sufferers should come to have strength in their hands to relieve themselves is an imposition I think beyond the thoughts of any sober minde and that which none but they of the Anabaptisticall spirit will advisedly own and them also we may rather finde saying then doing so the proceedings of the Parliament yea of all parties on both sides in the late warre disclaim this doctrine yea the Army it self may be judge in this matter who must either condemne this sense or all their own warlike actions this would make the Apostle not onely to put an insupportable passivenesse upon people but to discourage just Magistracy if opposed and grown weak whereas his manifest scope is to uphold it 2. They that come in by meer force with expulsion of the just Magistrate have apparently committed this crime of resisting the Power that is the ordinance of God and so have incurred the sentence of damnation or condemnation which may be understood of punishment by men and it s a strange conceit to think that the Apostle dosh here at once both condemne their act and confirm their authority gotten by it and that the same persons should by the same means be both the resisters that are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or set in an opposite order to that ordinance and condemned for it and the power and ordinance it self that is to be obeyed and not resisted 3. If they that come in by force against the just Magistrate are the resisters of the Power here to be submitted unto then those that shall obey those resisters in the full latitude of obedience here injoyned which comprehends assistance and maintenance of them do become therein resisters of the said just Power also so that obedience to the Usurpers is rather forbidden then taught in this text 4ly The Power here to be obeyed is the minister of God to thee a revenger to execute wrath c. v 4. 1. No man can be called a minister of God but he that is called of God to that service wherein he is his Minister not onely the office must be authorized but the person must be invested with it by God there must be some act of God either immediately or mediately put forth towards the person or this relation to him of being his Minister cannot be founded now whosoever is the subject of such a divine act or vocation hath without controversie a