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A85884 The divine right and original of the civill magistrate from God, (as it is drawn by the Apostle S. Paul in those words, Rom. 13.1. There is no power but of God: the powers that be are ordained of God) illustrated and vindicated in a treatise (chiefly) upon that text. Wherein the procedure of political dominion from God, by his ordination; ... is endevored truly and plainly to be laid open. / Written for the service of that eminent truth, order, justice, and peace which the said text, in its genuine sense, holdeth forth, and supporteth: and for the dissolving of sundry important doubts, and mistakes about it. By Edward Gee minister of the Gospel at Eccleston in the county palatine of Lancaster. Gee, Edward, 1613-1660. 1658 (1658) Wing G448; Thomason E1774_1; ESTC R202104 279,674 430

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interpreted first of Zerubbabel in whom the soveraign dignity was restored at the return from the captivity and then of Christ * So Calvin Diodate and the Divines Annotat. So may this parallel prophecy be understood But whether we apply it to Zerubbabel or to Christ this must needs be granted that after Zedekiah's removall and the Lands captivity was consummate by Nebuchadnezzar a right there was extant and remaining somewhere or in some person to the Crown and Kingdome of Judah though for the present suspended from actuall exercise both by the hand of Gods providence in the full conquest of Nebuchadnezzar and by his extraordinary direction and dispensation by word of mouth sent by his Prophet Jeremiah as we find Jer. 27.12 16.21.8 9. and that right did not descend upon Christ till he was born nor then per saltum or immediately from Zedekiah or Jehoiakim to him but by the interposal of those pe●sons in whom the race and line of blood or inheritance was continued down to Christ Subsection 9. CHAP. VII SECT II. Subsect 9. Argument 9. Taken from the nature of Magistracy 9 REason is to be drawn from the nature of Magistracy It cannot agree thereunto to say that actuall possession or rule gives being to the power or is an inseparable adjunct or convertible attribute thereof Magistracy is a r●lation of office Every relation is founded upon something that is absolute What should be the foundation of the relat●on of Magistrate and Subject but the act of constitution of such a person or persons in authority or to be and stand in the office of Magistracy to such a people from this transaction as from its foundation results this estate or relation and then from this estate or relation result the mutual duties and acts of Magistrate and Subject his actual superiority and their subjection his rule and their obedience Well then actuall superiority and rule being acts proper to and resulting out of Magistracy they must needs presuppose it to be first in being ere they can be educed First I say not onely in order of nature but of time for the civill transactions whereby Magistracy is produced and the politcall acts which proceed from it are not immanent or instan●aneous such as are those whereby the forms of natural beings do produce their facultie● or properties but transient and succedaneous and such as require some ●l●x● of time to be put forth in It must needs be then an incongruous assertion to affi me that the acts which fl●w from Magistracy in tim● d● g●ve being to or are convertible adjuncts of it A man is first a man and then he reasons A man is first an Artificer and then he works in his Art So a man is first a power and then he rules possession of the Throne or Territory and Regency or coercion of the people by the sword are after and latter in time then the Creation or Investure of the power Magistracy is the antecedent the cause the principle the first act and actual dominion or coercion is the consequent the effect the effluxe or the second act thereof Men first are Kings and then they reign they rule because they are the higher powers and they are not the higher powers because they rule As on the other hand the state of inferiority in a politicall body is the cause and principle of the Subjects acts of obedience Men are first in the relation of Subjects and then they act or yield obedience This precept of the Apostle Let every soule be subject to the higher powers though delivered in ●●arms illimitedly universall is onely intended and given to them that are in the state of Subjects and because they are in that estate therefore it takes hold on them they that are either supream Magistrates or within no Common-wealth are not obliged by it And as every person is not involved so every act of submission which may be done to any kind of power in the civill State is not that which is comprized in this precept or contained within the matter of it It is possible a man may submit out of a principle of humility or policy or be forcibly prostrated where he oweth no obedience but it is a submission ex debito and that stricti juris or proper to the conscience of him that is in the state of a Subject that is hereby required Let Solomon be our instance to illustrate this Having been before designed and chosen to be his Father Successor in the Kingdome of Israel he is thereupon first anointed and proclaimed King by Zadok Nathan and Benaiah and then after this it is said He sate on the throne of the King in stead of David his father and prospered and all Israel obeyed him and all the Princes and the mighty men CHAP. VII SECT II. Subsect 5. and all the sons likewise of K. David submitted themselves unto lomon the King Here Solomons constitution precedes his actuall possession and rule and the Subjects submission and obedience both in order of nature and of time as the ground and reason thereof And the same is exemplified in Joshua When Moses was to dye he spake unto the Lord saying Let the Lord the God of the spirits of all flesh set a man ●ver the congregation which may goe out b●fore them and which may lead them out and which may bring them in Here in this petition there is first desired the setting of one over the Congregation which is the calling admitting of him to the Soveraign power and then follows his leading them out and bringing them in his exercise of rule And according to the order of this Petition is the method of the Lords concession and direction upon it The Lord in the next words commands Moses to take Joshua and lay his hand upon him and set him b●fore Eleazar the Priest and before all the congr●gation and give him a charge in their sight and puts some of his honour upon him and then it follows That all the Congregation of the children of Israel may be obedient There may be a violent brutish subduedness● but there can be no rational moral submission and obedience as of Liege-people to their Liege-Lord in any other course And as to this the case is altogether the same and there is no d●fference whether the Magistrate come in by extraordinary assignation from God as Joshua and Solomon did or by the ordin●ry means Those commands and rules that are given in Scripture for the doing of publique distrib●tive j●stice as that Defend the poor and fatherlesse do j●stice to the affl●cted and needy and deliver the poor and needy rid them out of the hand of the wicked Psal● 82.3 4. and many others * See Levit. 19.15 Deut. 1.16 17.16.19 1 Sam. 23.3 2 Chr. 19.6 c. I would aske ●o whom they are given who do they concern are they spoken to all without exception or onely to them that are Magistrates and Governours I suppose
that be convenient to be amongst them that are one Common-wealth yet 1. It is not alwayes so one part of a Common-wealth sometimes lying from another beyond the Seas or beyond another or divers other Nations yea some imes one part in Europe another in East-India or America 2. How far that cohabitation must go or to what compasse to be the boundaries of a Common-wealth inclusively and extensively is not by any generall rule much lesse by any dictate of nature defined or otherwise determined then by humane choice and so it is not uniformely or by one constant proportion but variously and unequally every Common-wealth being of a different latitude of place from others and one and the same Republique often varying from it self by vicissitudinary contraction and extension 3. Naturalization or Denisonship is not tyed to habitation but ordinarily some that live among are not of and some that are of live not among this or that Nation or State 3. Not by mens appertaining or subjection to one Soveraign or Civil head For 1. A Common-wealth being ens aggregatum and the term unto which a Magistrate is immediately referred being not a multitude of persons in their individual or single beings but as aggregate and formed into one body politique the Magistrate cannot be either in nature or time before the aggregation or the republique union and relation of the people one to another as one State and therefore cannot be the procreant or efficient cause thereof 2. The same person we know may be the Civil head or Soveraign Lord of divers politique bodies they under him still remaining divers 4. It remains therefore to be done as far as my imagination reacheth only by consent and this consent to be the consent of all that are interessed in the association viz. of the parties themselves to be incorporate and of those whether superiors or people they are dissociated or severed from It is most congruous to say the distinction of politique societies or distributing one into many cometh by the same means or hath the same efficient which the first contract or entring into politique society hath but that is the voluntary accord of the associated as not only the learned agree * Boterus de Origin urbium lib. 1. cap. 1. Bodin de Repub. lib. 1. cap. 6. Althusius polit cap. 4. pag. 24. Grot. de Jure lib. 2. cap. 6. Sect. 4. Dithmars Polit. lib. 1. pag. 20. but plain reason dictates It is a common principle which not only Scripture and humane Authors tell but our own experience suggests to us That man is a sociable creature fitted for and affected to mutual converse and is by his natural instinct and bent led to seek acquaintance cohabitation and communion with his kinde To this we may add his necessity in mans vitiated state of distributive Justice and defence against occurrent injuries † Dum enim haec amittere timent tenent in his utendis quendum modam aptum vinculo civitatis qualis ex hujusmodi hominibus constitui potest August de liber Arbitr lib. 1. cap. 15. By these two inducements men were betimes and still are moved to close together in large and populous societies and then to erect Government for the upholding of them in union order equity and safety And beginning first with the aggregation of one politique body when that by multiplication of mankind was grown over numerous and unwieldy to its self and its superiors if no distemper could have arisen to have made a violent breach no such immediate and miraculous hand of God should have interposed as was that of the confusion of tongues yet meer populousness and distance of habitation thence ensuing would have perswaded to a partition into more Common-wealths It is very probable that the division of the earth made in the dayes of Peleg * Gen. 10.25 was a distribution and alotment thereof unto several Nations and Kingdoms into which mankinde were then severed and that the first partition of Common-wealths at least after the floud was then made and that it was occasioned by the confusion of Languages at Babel for immediately before that it is said the people were one Occasioned I say for that occasion did but prepare men for that reduction into divers communities in that it did dissolve their union and parcel and disperse them abroad upon the face of the earth by making them uncapable of conversing together and some of the Hebrew Doctors say it did set them at oddes and embroyled them in fight and bloud-shed Vide Cartwright in Gen. 11.7 but it did not mould of incorporate the several parties so divided asunded into several communities no that was the effect of some other cause and what should that be but the joynt will and conspiration of the severally languaged and severed parties each among and for themselves immediately acted and therefore we read both of the sons of Japhet and of all the sons of Noah that they were divided by families tongues and lands into distinct nations * Gen. 10.5 31 32. But though that were the occasion of the division then made yet many after divisions in every age almost there have been of nations into new Common-wealths as also unitings of more Republiques into one of which divisions though confusion and discord not of tongues but of minds even as a modern Author would have that at Babel to have been no more † Tho Anglus Instit peripat Append. cap. 19. Sect. 5 6. hath been as oft as any other thing the occasion yet such discord could be but the introduction unto not the former or founder of new Common-wealths the associating of them could only be accomplished by the will and consent of the incorporated As for the distinction of property in Lands and other possibles which must needs accompany this partition of Common-wealths when the first divisions after the flood or any since were made whereby the prrties distributed left unto those they parted from the Countrey wherein they were and entred into void regions there could be no entrenchment upon the common right of mankinde by such entry there being a sufficient consent given to it by all others in that the places were left and exposed empty in regard both of occupation and claim The first property whether National or personal unto Land or goods accruing if not by an Expresse declared consent and agreement of the first multitude in whom a common-right promiscuously or indiscriminately resided yet doubless by their reall accord signified by their act of cession permission or giving way unto the seisure and enjoyment of the first occupant Vide Grotium de Jure Belli lib. 2. cap. 2. Sect. 3. 2. This doubt being passed the next is Common-wealths being distinguished how come these each to set up their Supreme Rulers In this matter 1. It is Objected That either it must be done by a universal consent even to a man nemine contradicente The same Author and