parendum non est spectandum qualis sit qui potestatem exercet nec quo jure vel injuria quis potestatem invaserit quave ratione eam administret sed tantum si potestatem habeat Bucer in Rom. 13. Cùm tamen principatum obtinuerint viz. Tyranni qui usurpant atque imperant privatorum esse non videtur illos moliri Pet. Mart. Loc. Com. Object 4 But may not Christians resist an Vsurper Ans They may resist an Invadour or Usurper while he is invading and usurping his power Yea I may say they ought for so much do Christians ow unto the Powers in being over them that they ought to oppose any that shall endeavour to dispossesse them of that power which God hath put into their hands so violating disturbing the Civil Order that is established fixed But for Tyrants Usurpers when they are in plenary possession Christians may not oppose themselves against them So d Deus ut Daniel testatur imperia regna transfert quamvis fas est tyrannis invadentibus principatum resistere cum tamen obtinuerint atque imperant privatorum esse non videtur illos moliri Pet. Mart. Loc. Com. Peter Martyr and others Object 5 But if this be so how is it possible that there can be any change of Government without sin Ans I answer this rule reaches to Christians in a private capacity onely But as for such Magistrates as are appointed ad mode randum Regum libidinem as Calvine speakes (b) Cal. Instit lib. 4. chap. 28. to curb and check the exorbitancy of supreme Powers here the case is altered They may do that which private men may not They may (c) Eis profecto licet si princeps pactis promissis non steterit cum in ordinem cogere ac vi redigere c. idque vel armis c. Among others he instances in the English as having such a power in their Parlaments Pet. Mart. Loc. Com. regulate restrain reform and if need be remove too Powers that are abusive in the administration of their Authority Paul in my Text and so I in this discourse speake of private Christians I hope I have sufficiently removed these blocks I shall say but little as to the application of this truth Vse onely I shall addresse my selfe in a word or two unto those gratious souls who having tasted of Divine love have given themselves up unto the will of Jesus Christ to be wholly acted by it for others whose wills must be their Lawes I have nothing to say to them here Let as many as follow the Lamb and know his voice consider what Christ willeth what the spirit of truth directs to concerning their duty to those Powers that Providence hath set over them The rule is plain Be subject or subordinate to the Powers that are Be not a cause negatively by not doing what thou should'st or positively by doing what thou shouldest not of interrupting the Civill Order established unite with them that are in Power as members with the head Surely if Chrstians in a private capacity may suspend or deny subjection to Powers actually supreme and dispute their right and fittednesse to rule then race out this scripture this Text out of the Bible yea and all that you finde in 1. Pet. 2.13 Tit. 3.1 parallel places Surely these must stand for nought or else such a course is unlawfull Doth not my Text say Let every soul be subject to the Powers that are for they are of God To come home then to our case Is not the Parlament the supreme power of this Nation Are not they that now sit in Parliament the Powers that are Pray examine this well 1. Are not they over us have not they undertaken to Governe and protect us Are we not involved in their power 2. Do they not give lawes to the people and the people receive and seek law from them Else what meane our Judges riding in circuit and such a great confluence and concourse of people in all counties seeking for justice from them Let your own eyes be witnesses this * There being then present the Judges with great numbers of the Country whose coming from their home was for Law day Object Yea thirdly may not I say also now that the people or the greatest part of them have consented to them by engagement How is it then that Christians with whom a Gospel-command should be more prevalent than all the private interests in the world are averse from an engaged subordination Ans Say not the Engagement hath been forced on the people or else they would not have taken it For that 's not true for it is evident that the people First have freely thosen to engage rather than to be out of the Parlaments protection The engagement was and is proposed to them upon no other termes but onely thus will you engage and live under the protection of the Parlament or will you refuse and wait for your protection from some other person or persons choose whether of these two you like The people finding no safety or possibility of good to them but under the wing of the Parlaments power did engage Is this forced Can a man be said to be forced to an action which he doeth upon this reason that t is the onely safe way for him to do it Surely if they be forced to this t is by their reason and nothing else Secondly the people have taken this engagement upon the same termes that former Oathes to Princes have been taken This were me thinks convincing and satisfying enough if the Parlaments power were meerly usurped in respect of its originall and corrupt and wicked in its administration and yet its plain enough that neither of these is so for 1. Is it not more than evident the Power of this Common-wealth was fairly cast into their hands after a full debate of the matter before the tribunall of heaven The onely tribunall at which controversies between supreme Powers are to be decided in a lawfull war And do not the learned agree and is it not suitable to reason that when there is a breach betweene supreme powers or such as share in Government one labouring to invade the rights of the other it come to war wherein God is immediately appealed to there being no Iudicature on earth to judge between them if one overcometh the other he that overcometh hath right to dispose of the whole power Was not the case even thus between the late King and the Parliament And did not the House of Lords who are also laid by as uselesse resuse the protection of the people in the time of the Hamiltonian invasion and so nulled their owne power before any body else made it void Me thinks this should sway with unbiassed judgements 2. As for the administration of their Power since God hath after a fair triall cast it upon them to speake the least and to avoid all suspicion of flattery
will finde more anon in the clearing of what is yet behind 2. Powers then are when they give Laws to the people and the people receive Law from them This is a most visible and undoubted symtome of the Life and Being of a Governing Power When we see this we may say a Government is or a Power is as safe as we may say there is life where we see breathing The administration of Law is the very soul and breath of a body Politick and it can no more be without it than a naturall body can live without breath and without a soul And are not such then to be accounted Powers in Being unto a people as do give under God life and breathing to them in a politicall sense 3. And lastly Then Powers may be sayd to be most undoubtedly and unquestionably when the people or the greatest part of them have by any means consented to them as Rulers and Governours over them 1. I say When the people or the greatest part of the people have consented For what is an act of the major part of the people is taken for the whole 2. I say When they have by any means consented upon this account Because though their consent or choice be not voluntary elicitivè but subjectivè only as the Schoolmen distinguish it is enough That is though it be not drawn forth by the will as the first and sole productive principle of it Yet il it be with the will moved and acted by some necessity apprehended or the like this is sufficient to make it voluntary and so valid yea and fully as voluntary as any people have been in choosing or consenting to their Kings or Princes I cannot conceive any thing more that can be added as necessary to the being of an authority To say as I have heard some do that time or duration gives or may give a being to the lawfulnesse of a supreme Power seems to me very irrationall for as sayes Grotius Tempus suapte natura vim nullam effectricem habet Nilenim fit à tempore quanquam nihil non fit in tempore Time makes nothing to be though every thing be made in time The duration or continuance of things cannot make them to be what they are not in themselves Quod ab initio vitiosum est c. saies * Quod ab initio vitiosum est non potest tractu temporis convalescere Ulp. L. 29. Vlpian That which is vitious in its rise cannot become valid by its continuance 'T is true Prescription and Custome make things to be deemed right which might not be so in themselves originally And yet I hope 't is not Time or Duration that is the ground of this right but a presumption of right still to have been because the same never known to be questioned For lapse of time undoubtedly cannot change the morality of a thing so as that that which is unjust should become just by continuance Time may alter the quality of actions or things à minore ad majus that is so as to make that which is evill to become more evill or that which is good to become better This tract of time may do but that a thing that is unlawfull as a Civill Power should become lawfull by continuance seems to me a Paradox Surely this seems to me to be the judgment of such as are not willing to joyn hands with any Supreme Power that comes in upon the change of Government till time hath worn out all danger of adhering to the same and till the Power hath out-lived in likelihood the hazard of shaking Surely 't is not becomming Christians to suspend their obedience unto a Divine Rule upon such a carnall ground But I passe to the last Question and that is this Quest 4 How the Powers that be are said to be Ordained of God Sol. I answer Things are said to be of God or to be ordained of God in a twofold sense viz. Either by manifest will and command or by secret providence The one I call a Preceptive ordination the other Providentiall 1. Such are ordained by God to rule by manifest will or preceptive ordination as are by God himself nominated and commanded to be set up over the people by expresse word as were the Kings of Israel When Israel would have a King according to the mode of the Nations round about them the Lord points out by expresse word who it should be and then who should be his successour c. But any such way of ordaining Rulers in a State I hope we may not expect or look for now because such appearances of God as then were are ceased We have no Prophets to whom God now speaks as of old Go Annoint such a person King Go tell the people such a Person or such a Family will I have to reign over them he doth not ordain any then now after this first way by manifest will or expresse word 2. Now in the second place as for Gods Providentiall ordaining of Rulers or Powers such are Powers ordained of God into whose hands Providence hath cast Authority and Dominion Such as Providence hath placed in eminency This is the way after which all Rulers and Powers in the earth are now established and fixed by God And 't is that which Paul means in the Text and makes the reason of Christian subjection Doth not Scripture speak of that Soveraignty that the Lord makes use of in disposing of the Empires of this world See Dan. 2.21 And he changes the times and the seasons he removeth Kings and setteth up Kings And Chap. 4.17 The most high ruleth in the Kingdom of men and giveth it to whomsoever he will and setteth up over it the lowest or humblest of men as the word * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Humilis submissus signifies And again Jer. 27.5 I have made the earth the man and the beast that are upon the ground by my great power and by mine out-stretched arme and have given it to whom it seemed meet unto me And the Psalmist speaks to the same purpose Psal 75.6 7. Promotion cometh neither from the East nor from the West nor from the South But God is the judge he putteth downe one and setteth up another The Lord ownes these changes to be from himselfe not by permission onely as you see but by divine disposition and ordination viz. Providentiall So that t is enough to satisfie us touching a Power that t is ordained of God when Providence hath set it up Neither am I alone in this T is that which the learned and judicious agree to As Calvine speaking on these words There is no power but is of God sayes (a) Ratio cur debeamus esse subjecti Magistratibus est quod Dei ordinatione sunt constituti Quod si ita placet Domino mundum gubernare Dei ordinem invertere nititur adeoque Deo ipsi resistit quisquis potestatem aspernatur quando ejus qui juris politici author
est providentiam contemnere bellum cum eo suscipere est Calv. in Rom 13. that to slight providence is to wage war with God himselfe intimating as you may finde by reading him at large that the ordaining of Powers in the Text is by providence which ought to be binding to Christians And Bucer affirmes that (b) Summum jus omnium potestatum Regum c. in eo situm est quod a Deo Ordinatae sunt hisjus ordinationis unum indubitatum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 est esse Potestates Nam nulla potestas nisi certa dei dispensatione esse potest Buc. in Rom. 13. the chiefe right of all Powers consists in this that they are ordained of God And of this ordination there is this one most sure 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or evidence viz. That they are Powers i. e. that providence hath set them up for no power can Be but by Gods ordering of it to be Omne sub regno graviore regnum est Sen. And indeed there is nothing by which wee may judge of a Power whether it be of God or no but onely this that it actually is If you say yes the consent and choice of the people I say that demonstrates what is the peoples will not what is Gods will We are commanded 〈◊〉 be subject to Powers in the text not because the people choose them but because God ordaines them Now by what 〈◊〉 we know that a Power is ordained of God unlesse we â—ake providences putting men in possession of power to 〈◊〉 Gods way of ordaining Powers I say by what shall we judge whether a Power be ordained of God or no God doth 〈◊〉 now reveale himselfe by expresse word concerning the thing how shall we know his will then why Promotion cometh neither from the East nor West c. God giveth the Empires of the world to whom he wil. Thou canst not know who is ordained of God but only by considering whom providence hath exalted as supreme For as sayes Calvin * Atque simulac in regium fastigium quempiam evehit dominus testatum nobis facit suamvoluntatem quod regnare illum velit Cal. Inst l. 4. Chap. 28. As soon as ever the Lord hath lifted up any unto the Height of a supreme power he doth witnesse to us that it is his will that he should reign So then the particulars being thus cleared consider what the whole text speakes out Let every soul be subject i. e. orderly or according to the Law and Rules of Civill Order placed under the Powers that are above or in Eminency for there is no power on earth be it what it will be that hath an actuall being but is Providentially ordained by God and hath validity and Authority from him So that as t is in the verse following he that resisteth the Power Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he that doth any thing against the Order resi sts the Ordinance of God I have met with one objection that seemes to carry some weight in it which I shal here insert and give an answer to it The objection is made against what hath been given out as the sense and scope of my text viz. That those that are actually Supreme and in Plenary possession of Power are to be submitted to as Powers or as a Power Ordained of God Object 1 Against this is argued from 2 Kings 11. thus If possession makes a lawfull Power then Athalia was a lawfull Power and they did ill who did rise against her and crowne Joash King It had questionlesse been rebellion in them to thrust out her that had been in full possession for six yeares together but we finde not that they did amisse in putting her off though she had been actually supreme for so long time that the right heir might be annointed King therefore her being in actuall possession did not make her a lawfull power or a power to which the people were bound to be subject and so by consequence the like doth not now constitute a power to which the people owe subjection Ans To which I answer 1 Jehojada who contrived the deposing of Athaliah after six yeares reign was no private man but the chiefe Priest to whom it did belong as sayes Peter Martyr speaking very well to this very Question non modo judicare res Ecclesiasticas verum etiam Civiles to judge not onely Church matters but State affaires too he was custos Legum and had power to look to the lawes to keep them from violation and infringment if he and they that acted in this businesse had been private men it had been rebellion in them according to Peter Martyr who sayes upon this very case that 't is not lawfull for private men to cast downe him qui rerum potitur that is in plenary possession 2. God then ordained rulers by manifest word and command and therefore such were onely to be acknowledged for lawfull Powers then as were thus appointed by God in respect of which Athaliah was not but Ioash was the rightfull Prince But now to us there is no such expresse way afforded to determine who should govern but there is an expresse way teaching us whom we should acknowledge and Submit to even the powers that are therefore we are not bound to neither may we look any further back than the Powers in being though the Israelites might and perhaps ought according to a rule which they had more than we have Object 2 But it's said Hosea 8.4 by the Lord They have set up Kings but not by me they have made Princes and I knew it not speaking of the peoples following and setting up of Jeroboam as their King Therefore all Powers that get up into actuall Domination are not ordained of God Ans I answer the Lord speaks thus in respect of the indirect course the Ten tribes took in setting up Ieroboam to be King over them not as if he were not a lawfull Power after he was in the throne or as if God had no hand in setting of him up God himselfe sayes he made him King as you shall see in the answer to the next objection But however the people were disorderly and rebellious in what they did which is that which this Scripture hath respect to and to this agree Peter Martyr Pareus and divers others See the margent * Quod autem non promoti fuerint speaking of the Kings mentioned Hos. 8.4 ad regnum deo volente cum tota fermè Scriptura pugnat Pet. Marrv Loc. Com. A Deo fuit illa regni a Roboamo ad Ieroboamum translatio c. Quod vero hic dicit Deus Jeroboamum Regem non fuisse ex se de modo circuÌ„stantiis facti quas Deus minime probavit est intelligendum Par. in Rom. plura in Ose 8.4 1. They did not ask counsell of God therefore he sayes 't was not by him that is his advice 2. They were not backt with any authority but
were private men And though the Lord had appointed Jeroboam to be King yet this was more than they knew In this respect the Lord saies he knew it not that is approved it not Object 3 But you 'l say What are all tyrannicall and usurped Powers of God This is the way to make God the Author of all the violence in jury and oppression which Tyrants and Usurpers of Government fall under Answ To this I answer that 1. It is most clear that Scripture speaks of all in Power whether Usurpers or not to be from God himself Do not all call Jeroboam an Usurper in taking off the Ten Tribes from Rehoboam And yet the Lord saies this was of him and that he would cut off the Kingdom from the hand of Solomon and give the ten Tribes to Jeroboam See 1 Kings 12.15 1 Kings 11.31 35 37. We know what Nebuchadnezzar was strenuus aliorum invasor populator a mighty invadour and waster of others as Calvin stiles him and yet God saies he set him over Egypt though for his part he tyrannically usurped power over them to their undoing See Ezek. 29.19 And as for that Power under which the Apostle was when he writ this Text the Emperour Nero we may easily understand by History what he was and how he and his predecessours got their power 1. He was a professed enemy to the Truth a Persecutor of the Saints all know this The first of the Ten Persecutions began in his time Christians were not then clamorous or refusing to submit unto him because he would not establish their Ecclesiasticall Government and Church order by a Law they would have been glad if they could but have had their lives preserved so as that they might have professed Christ without danger of dying for it and could not enjoy this 2. And besides for his power we know it was taken forcibly and unjustly out of the hands of the Senate and people I know some deny this to be an usurped power but therein they are by themselves I think however they condemn singularity in others Peter Martyr sayes Romanam Tyrannidem vel Imperium ei viz. Caesari non contulerunt sed vi atque potentia usurparat The people gave not the Roman Power to Caesar but he usurped it by force and might And Calvin saies a Calv. in 1 Pet. 2.13 Caesares qui tunc rerum potiebantur Monarchiam vi tyrannica ad se rapuerant The Caesars that then were in possession of power did by a tyrannicall force take the Monarchy to themselves Many more testimonies I could adde I have fixed some in the margent b Legiones veteranae fortes sed feroces ad suam vim omnia nostra consilia revocantes Sleid. de 4 Sum. Imper. Sermo Cic. Caesare rerum potiente contra leges consuetudinem patriae Dio. Hist Rom. Quamvis multi existimant Julium Caesarem occupato imperio hoc sibi jus i. e. regnandi potius rapuisse quam ex S. C. accepisse Balth. Meisn. S. S. Th. D. de Leg. Nam ipsorum Caesarum dignitas omnisatque salus erat non in Senatus aut populi sed in Legionum atque militum potestate Sleid. de 4 Sum. Imp. lib. 2 pag. 304. pag. 305. Sic. Caesarem metuebat Senatus ipse vero Caesar ab impuri militis voluntate propemodum atque nutu pendebat A brave Government Afterwards he cites Erasmus speaking of the unhappinesse of the Roman Empire thus O miserum illorum temporum statum Oppressa Senatus authoritate oppressis legibus oppressa populi Romani libertate Sic ereato principi serviebat orbis princeps ipse serviebat eis qualem nemo vir bonus domi vellet habere servum c. Ibid. In short it is thus c Heylyn's Georg. p. 147. Julius Caesar the first of the Caesars after many successes abroad which he got being a servant of Rome of her servant made himself her master His Successour Augustus set up the Praetorian Guard of 10000. men pretending for the safety of his person but as History sayes to awe the Senate and people Then after the death of Caligula the Senate had hopes of recovering their Liberty and when they were contriving the restoring of the same these same Praetorian Souldiers d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 viz. Claud. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dio. Hist Rom. saluted Claudius Emperour and forced the Senate to consent to them The next to him was this Nero who came by the Scepter after the same fashion e Inter horam sextam septam jue processit viz. Nero ad excubitores cum ob totius diei diritatem non aliud auspicandi tempus accommodatius videretur proque Palatii gradibus Imperator salutatus lecticâ in castra inde raptim appellatis militibus in curiam delatus Suet. de 12. Caesaribus And yet this Power also among others is sayd to be of God And yet in the second place this is not to make God the Author of Tyrants usurpations and violence for their * Aliud est potestas quae à Deo est aliud acquisitto usus potestatis Par. Rom. Power is one thing the acquisition or administration of that power is another thing Their Power is of God and by his disposal but the male administration or acquisition of the Power is not of God save onely by permission as in Jeroboams case his advancement unto the Throne was of God he made him King as before but the indirect course of the people was not of him Neither is this my judgment alone but the generall vote of the Learned as you may perceive by their testimonies before produced and by those that I shall now annex Calvin upon my Text affi ms that 't is a Etsane hoc verbo mihi videtur Apostolus voluisse tollere frivolam hominum curiositatem qui saepe solent inquirere quo jure adepti fuerint potestatem qui rerum potiuntur satis autem nobis esse debet quod praesunt non enim conscenderunt sua ipsi virtute in hoc fastigium sed manu Domini sunt impositi Calv in Rom. 13. frivolous curiosity to examin by what right those that are in possession did get their power for it ought to be enough to us that they are over us for they could not come to eminency by their own strength but by God placing them in it with his own hand And again speaking of Gods enjoyning subjection to the King of Babel he saies b Videmus quanta obedientia Dominus tetrum illum ferocemque Tyrannum coli voluerit non alia ratione nisi quia regnum obtinebat Cal. Instit lib. 4. cap. 20. the Lord commands men to be subject to that cruel Tyrant for no other reason but because he had got the Kingdom though we know without any right The same say Peter Martyr Bucer and others See the Margent c Cum enim quaeritur cui
which I abhorre hath it not been hitherto with much lenity towards those that have suspended obedience to them and with no slender testimony of their hatred of injustice and Prophanesse What power in England if I go no further ever witnessed so fully against vice and ungodlinesse as they have I blesse God I am not so void of modesty civility and ingenuity as to be so uncharitable as some are as to censure their end in it whose lesson is it I pray to judge amisse of mens intentions when their actions speak well I am sure t is none of Christs There are none have much reason to object the great burdens yet lying on the nation let them bare the blame of it that occasion the keeping up of Armies by their not acknowledging of and submitting to the Authority that God hath set up I see no reason any have to put this upon the Parliaments score Besides I might shew you the singular benefits of this form of Government above either of the other two but that would make this discourse to swell up to a great bignesse T is easie I confesse to shew some inconveniences that may spring up in it but what form of Government is without some danger of corruption And yet if it were needfull in this controversie I should easily make it appear that there is no form of Government more likely to continue free from corruption than this which is established by a succession of Parliaments to be chosen by the people themselves Wherefore let this make honest hearts the more ready to submission I am sure it should Object 7 But I here some say we are bound by former Oaths and Covenants to the contrary and we may not break the Oath of God that is upon us Ans 1. Beloved I know no Oath or Covenant that ever was given to the people of England that bindes them from ever submitting to any other form of Government than was formerly in being but onely such as bound them unto fidelity unto such Powers as were in being I wish you would impartially look them all over againe and see whether it be otherwise than I say You might be obliged to preferving but there is not a word that mentions the restoring of the Powers that were if they should be taken away And if any of the Covenants should contain that which should binde Christians in a private capacity to endeavour such a thing they were clearly unlawfull for private Christians may not attempt the setting up of what is put down by publique power Secondly I confesse an Oath ought to be very sacred unto Christians who are acquainted with the glorious name of God But observe t is onely Durante ejus Obligatione as long as its Obligation remains and no longer We know that though God before whom we convenant and swear be eternall and unchangable yet the matter of our Covenants is not so and therfore the obligation of them may cease and expire Now the obligation of an oath or Covenant expires severall wayes as 1. If we swear to one as under such a capacity when that capacity ceases the Oath it selfe and the Obligation of it ceases So sayes Grotius expressly Non tenebitur si cesset qualitas sub qua alicui juravit A man is not bound when that quality Grotius de jure Belli Pacis lib. 2. Cap. 13. under which he swore to or with once ceases As if a Magistraet ceases to be a Magistrate as sayes he As if we bind our selves to a King and he ceases to be a King or if to his successours and they do not succeed in the throne but are ejected from so much as the priviledge of Subjects here the obligation must needs be at at an end If I promise to restore a sword lent me at such a time to a person that in the interim grows mad the obligaion of this promise must needs be void He is not the man he was when I made the engagement to him If a Tenant farming a Tenement promises to pay such a rent to such a Lord during such a terme and before halfe the terme be up the power and right of this Tenement be transferred to another suppose by means of the Lords forfeiting his right and interest from him and his heirs for ever by treason doth not this promise and the obligation of it immediately expire is he bound thinke you to what he did promise to the Lord or hath the heir of the said Lord any right to call for his rent or if he should is the tenant bound by his promise to give it him I hope not And is not this our case are the persons sworne to and covenanted with in that capacity or quality under which we engaged to them Is not the power of government put by God into other hands by God I say according to the rule in the Text There is no power but is of God Is not the late King with his heirs and successours dispossessed by God who gives and takes away rights of government according as seems good to him by putting downe one and setting up another The Parlament have declared the supreme power to be in themselves exclusively without a King or house of Lords and they are the Powers that now are as hath been cleared therefore Kingly Government both in the late King and in his heir must needs be extinct as to England for Non capit regnum Duos Sen. One people cannot have two supreme Powers at once 2. When by the intervening of some unexpected case the matter of the Oath or promise becomes unlawfull then doth its obligation expire (a) Satis est quando juramus nos habere hanc voluntatem illa ex equendi quae pollicemur quod si Deus secus ostenderit faciendum nobisque declararatum fuerit id quod promisimus Divinae voluntati adversari Jam neque ille cui juramus ea à nobis debet exigere quod si forte faciat jus ejus nullum esse censetur Pet. Mart. Loc. Com. As if a man should promise to marry a certain woman before such a time and she in the interim be married to another he is not any longer bound by his promise And is not this our case hath not this State another head is there not another Power over us and is there not a Gospel-command enjoyning subjection to the Powers that are either the obligation of former engagements must be at an end or we must be bound to the violation of a Divine law which can not be 3. The Obligation of an Oath or engagement expires when there is a ceasing of some expresse or tacit condition of the same In all promisory Oaths and Covenants there must be some (b) A subdiditis obedientiae obsequiorum promissio fit sub conditione vel tacitavel expressa Iun. Brut. de viâ—d Tyr. Dicimus si promissio fundata sit in praesumptione quadam rei quae non ita se habeat
PLENARY POSSESSION MAKES A LAWFVLL POWER OR SUBJECTION To Powers that are in being Proved to be lawfull and necessary In a Sermon Preached before the Judges in Exeter March 23. 1650. By RICHARD SAVNDERS Preacher of the Gospel at Kentisbeer in Devon Concordiae patrono convenit defendere statum Reipublicae qui quoque tempore sit Cic. This ISOCRATES termes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Optimum quemque praesenti statu gaudere Liv. Tit. 3.1 Put them in minde to be subject to principalities and powers c. LONDON Printed for William Adderton and are to be sold at his shop at the three Golden Falcons in Duck-lane 1651. To the READER Christian READER I Have here presented thee with a short discourse on a Question not very fit I confesse by modest Christians in a private capacity to bee moved but being moved very necessary to be answered viz. Whether we may acknowledge and submit unto the Parliament as the Supreme Power of this Common-wealth in beeing I delivered the greatest part of what thou findest here in a Sermon and upon the desire of those Honorable Personages the Judges before whom among others I spake I have adventured to expose the same to publique view In preaching of it my drift was to satisfy conscience in a thing of generall concernment to all persons belonging to this Common-wealth and this is mine end in printing of it I confesse I was silent for a while not wholly suspending my duty of endeavoring occasionally to acquaint men with their duty in this change of things but waving so publique and professed an engagement in this great controversie waiting for some more choyce parts to undertake the same But finding too great a silence in this thing and many consciences by this meanes ensnared I could not hold my peace If thou aske me why I handled this in the City rather than in the Country where I live I answer 1. I have not been wanting unto mine owne people in satisfying them so far as was needfull according to my talent so that I dare say there are hardly any among them especially of those that carry any face of religion that did as much as question the thing that is here disputed at the time when I did preach this 2. I conceived that there was greatest need of such a discourse where I found most dissenters and besides I could not have had a better advantage of satisfying all sorts than at such a publique meeting I have taken liberty in printing to ad some things to what I delivered by mouth because the small time I had to deliver my thoughts upon so large a subject made me out many things too short Something that I spake I have forborne to print viz. A short exhortation to the Judges in the cloze of my Sermon The substance of which with some enlargement I had inserted in an Epistle Dedicatory to them but that I thought good to decline the writing of any Dedicatory Epistle among other reasons for that I would avoyd the suspicion of intending or aiming at the favour of great men I have laboured a little the more in collecting the testimonies of the learned that witnesse to what I speak all along not that the truth asserted needs humane testimony to support it but that those that are dissenting may see how passion or affection or prejudice or what I know not hath carried them in this cause quite out of the way of those whose authority in other matters they make much of I wonder what should make those that condemne singularity and new notions and conceits in others as I my selfe also doe so far as they agree not with sound doctrine to goe such a new and singular way themselves contrary to the sense of the learned in the things discoursed of in this tract The Kings of the earth in particular the Kings of this Nation would have given a man but little thanke for teaching or suggesting as now some doe that usurped powers may not lawfully bee submitted to or acknowledged such a doctrine without doubt would have shaken their Crownes That such are to be submitted to in this Sermon I have I hope made plaine the which I have done not that we need fly to such an argument to justifie subjection to the present Power The Parliament as thou wilt or mayest see by that time thou hast read through this booke but that I supposing the worst may let men see how slender the grounds of non-subjection are Seek God lay aside prejudice and jelousies examine impartially what thou findest Opinions that relate either to the setling or unsetling of Nations are weighty Be serious and the God of truth direct thee If thou findest any satisfaction by the Authours weak attempts and endeavours this is all hee beggs of thee to remember him at the throne of grace that he may become more strong to doe thee or any of the elect of God service which is all that is the desire of him who is Thine in the advancement of truth and peace RICHARD SAUNDERS From my study in Kentisbeer May 19. 1651. SVBJECTION TO POWERS IN BEEING ASSERTED AND PROVED IN A Sermon Preached before the Judges at the last Assize held in Exeter beeing on March 23o. Anno Dom. 1650. On ROM 13.1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 THE main body of this Epistle consists of certain Theologicall Conclusions tending to the clearing up of the Doctrines of Justification by Faith Sanctification and particular Election This we finde to be the principall matter of the eleven first chapters The latter part containes many particular morall Exhortations reaching home to the last Chapter which is spent in brotherly salutations Among those particular Exhortations which the Apostle gives unto the Saints at Rome the persons he directs his Epistle to we finde this 13 chapter laying down one holding forth a rule for them to walke by in their carriage towards the Powers and Rulers of the Earth under which the Lord had fixed them That so they might be directed to walk inoffensively both before God and men The Gospel meddles little with State-matters we finde the Apostles very sparing in them And what Paul speaks here he speaks as a Divine not disputing of the Powers that were in Being whether they were lawfull or usurped though there was room enough for such a dispute if it had been proper for him but onely exhorting the Saints according to the law and rule of Civill and Politicall Order which God himself hath for common good ratified and fixed in the world to submit unto them Let every soul be subject to the higher Powers c. They that are well acquainted with my Ministry and way of Preaching know I seldome ingage in State-Divinity the work of a Gospel-Minister being to win souls to Christ and to reveale a spirituall Kingdome which is not of this world
but where Scripture speaks though but sparingly there may we speak too so that we remember still what our main work is especially when some emergent reasons provoke unto the same Upon this account have I endeavoured to speake something unto this Scripture in opening of which wee shall I hope finde somewhat fatisfying some scruples to this day on foot amongst us The former part of my Text is an Exhortation grounded on a Doctrinall Conclusion layd down and illustrated in the latter part The Exhortation in these words Let every soul be subject to the higher Powers The Doctrine There is no power but of God The which is amplyfied or illustrated in the next or last words The Powers that be are ordained of God The Text being such an expresse Doctrine and Use I shall not affect to draw forth any other Conclusions out of it but labour to give you the true sense of the termes and expressions as they lie and apply the whole to our present occasion As for the first words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Every soul which comprehends the persons whom this exhortation concerns there is no difficulty in them nor controversie about them that I know save between us and the Papists who following the interpretation of Origen understand by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Every soul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 every naturall man so excluding their Clergy from any subjection to Civill Powers because they are not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 naturall but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 spirituall men But this is so frivolous that I need not to take any pains to furnish any with an argument to refute it Clergy-men as well as others Every soul that is every man and woman is most certainly and indisputably here intended And Christ himselfe gave an example of this in that he himself payd Tribute by way of acknowledgement of the Civil Order established Mat. 17.27 Not that he himselfe was to be accounted subject to any earthly power for being made heir of all things he had a preheminence above all Kings and Princes of the earth But this he did to give us an example of subjection unto those that are over us But that which is most considerable in this Scripture and to be lookt into is that there is mention made in it of Powers and higher Powers And concerning these Powers we find expressions 1. Of Subjection to them 2. Of and concerning their Being 3. Of their Ordination and Institution by God All which particulars or most of them have difficulty and dubiousnesse in them Therefore my work shall be to open them to you and that by giving an answer to these four Questions 1. What is meant by Powers and higher Powers 2. What it is to be Subject to them Or What is the Subjection that is required 3. When Powers may be sayd to be Or What Powers may be sayd to be 4. How they are sayd to be ordained of God A word or two to the first of these which will be necessary by way of introduction to give light to what followeth By Powers we are to understand Civil Magistrates All I think agree in this and if any should doubt of it we have one Scripture where we finde this word Powers joyned with Magistrates as Synonimous It is Luke 12.11 where Christ sayes When they shall bring you unto the Synagogues and unto Magistrates and Powers take no thought c. Here Magistrates and Powers are set down as expressing one and the same thing Paul in the fourth verse of this 13 Chap. to the Romans calls a Magistrate One that beareth the sword i. e. the sword of power and justice viz. Such a one as is in rule and power Par. in loc over others So Pareus Qui potentia potestate sunt armati in alios Such as are invested with power and authority over others And the reason why he sayes Powers rather than Kings Princes Nam omnes complectitur Paulus cùm ait non esse potestatem nisi a Deo Cal. Inst l. 4. cap. 20. Emperours Senates Parlaments or the like is twofold either First Because this is a more comprehensive word taking in Rulers and Governours of what kinde soever and doth denote any in power under what form of Government soever whether Monarchicall Aristocraticall or Democraticall Secondly which is the reason Pareus gives That he may be understood to speak not of the persons so much as de ordine ipso of the Order it selfe fixed and set up by God Pareus in Loc. For if we should look upon the persons of men in authority and eminency we may espie many times failings and corruptions and causes of non-Submission whereas if we have respect unto that Civill Order that is set up and fixed by God for Common good and safety we may see greater reason for submitting Whereas the Apostle here sayes higher Powers T is not as I conceive comparing Powers one with the other as if the meaning of Higher Powers were such Powers as are uppermost of all I say that is not the meaning of the word But Higher in relation to the people they are over Rather to be rendred high Powers then higher Powers The words are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Powers that are set above others Such as have the people under them Quae praesunt nobis Such as be over us There hath been some controversie touching this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 made use of in the text Some being of the minde that it signifies in Scripture onely a lawfull Power and Authority in opposition to a power usurped which though it be a new notion and conceit formed on purpose to take off the edge of this Scripture yet findes it entertainment with some I suppose I do not misname it in calling of it a new conceit for sure the limiting and confining the word unto that strict sense is both new and having little ground either in Scripture or the proper genuine * We read in Dio. Hist Rom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which could not be if 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by it selfe with that Greek Author did signifie a lawfull Power Plutarchus Herodianus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 copularunt Scap. Lex Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 AEmil Port. Annot. in Thucyd. de Bello Pelop. signification of the word it selfe T is true that learned men the better to expresse their conceptions do take liberty sometimes to put some senses upon certain words more than they had originally in them not with an intent to cōfine the words to the new created or imposed significations but onely the better to make out to the apprehensions of others a distinction between things that differ So some have made use of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to distinguish between lawfull and unlawfull or usurped Powers as they doe the latine of Potestas and Potentia which yet I thinke every man will confesse import one and the
naturaliter nullam ejus esse vim quia omnino promissor non consentit in promissium nisi sub quadam conditione quae reipsa non exstitit Grot. de Iure Belli pacis conditions exprest or implyed or both for else they could not be lawfull being de futuro of the future which is not in our Power Now 1. Judicious men say that engagements made to Politicall and publique persons are to be understood in this Political sense even with the tacit condition of holdiug their possessions and no further if that fail or when it doth then the obligation ceases and therefore upon this account the dipossessing of the Powers formerly ingaged to doth free us from the tie that was upon us And secondly I am sure this must needs be a condition implyed in all covenants So far as my holding to the matter of the same do not prove sinfull and evil But it doth now in our case Non valent promissa facti illiciti quia ad illa nemo jus habet nec potest habere Grot. de Iure Belli pacis as before you can not stick to your former Covenants at least in the sense that some conceive without sin for to hold to what is conceived to be contain'd in former Engagements carries in it non-subjection to this Power that is now in being which if we will believe Paul is unlawfull and sinfull 4. The obligation of an Oath or Engagement ceases when there is such a change in the state of things between the making and fulfilling of the Oath that if at the time of making the state and change of things that afterward followed had been known the oath had not or could not have been taken Si candide agit tum non astringitur ad servandum nisi ea quae cogitavit in foro Conscientiae Pet Martyr Loc. Com. So Sanderson as I take it in a tract of his In such a case if a man be candid and sincere in taking the Oath he is bound to no more than what he apprehended in taking the same And if certain notable and unexpected changes quite alter the case a man is free from his promise As in case I promise to do this or that in order to common peace and welfare and then finde that by reason of some change in affairs I shall ruine the publique by doing that which I promiâ—ed to do in order to publique good surely this promise must needs be void or if it binde to any thing t is to a desisting from what was promised to be done because destructive to the chief end and intent of my promise This is our very case were not all former Oaths and Govenants taken in order to publique Peace welfare and good as the chief end And will not the keeping of them as the Adversaries of the present Power would have it in maintaining the pretended Right of the late Kings Son be the only way to war disorder confusion blood Wherefore Christians I beseech you in the bowels of Christ learn your duty in reference to the Powers that are over you Sedition was an old blemish cast upon the professours of truth but without cause Oh let it not now be justly cast upon you Let it not be said truely professours of religion are now the greatest State-incendiaries Ah! do not your hearts tremble to think of blood again can you hope for it or look for it sure I can hardly think it But Ah! Whether will not passion and blinde affection transport and carry men We finde such folly prevailing as * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dio. Hist Rom. Dion the Historian sayes that men are greedy after small matters that they count good though they usher in necessarily much more evill with them like Nero's mother who when the Astrologers told her that her son should reign with al that he should put her to death said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let him kill me onely let him reign O furor O madnesse Let him reign say some though the Nation dy for it Let christians be more meek more sober Do not prosecute a particular private right as you may suppose against publique welfare I am sure that is not the course of a * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dio. Hist Rom. modest discret wise Christian I intend this discourse onely or chiefly for honest hearts that yet are dissenting and unsatisfied God I hope hath more mercy in store for you than to give you your desires and expectations in this thing Learn your duty shake off the yoke of earthly Powers and you shake off Gods yoke too and so run your selves into the flames of divine displeasure as well as humane and invite the justice both of God and men to take hold of you for they that resist receive to themselves Damnation FINIS