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1 THe goods, not onely of the life to come, which are eternall, but even those of this life, which are temporall, the hope of fruition whereof man lost by his Apostasie and falling away from God, are by God restored again to mankind
for the merit and intercession of the Sonne.
2 By the Ministerie of the Word God gathereth unto himself a Church, by which he may be rightly and duely acknowledged and praised, in the true members whereof he may restore his de∣cayed image, and inchoate or be∣gin eternall life.
3 But, because this gathering to∣gether of the Church, and the re∣storing of the divine Image is wrought in this life: Therefore God hath instituted and ordained the Politicall Order or the Civill Magistracie, to be as it were an Hedge to the Church.
4 For to this end hath God ap∣pointed Kings, and all that be fet in authoritie, & given them rule and power, that under them we may leade a quiet and peaceable life in all godlinesse and honestie. 1 Tim. 2.2.
5 The Church is gathered to∣gether
out of mankinde. Mankinde being miserably corrupted since the fall cannot possible consist without civill government. There∣fore was it necessarie for the Churches sake, that the Politicall Order, or Civill Magistracie should be instituted and appointed.
6 The parts of the Politicall Or∣der are two: The Magistrates and the Subjects.
7 The Magistrates rule; The Subjects obey.
8 The Magistrates are either su∣preme or subordinate. Submit your selves to every ordinance of man for the Lords sake: whether it be to the King, as Supreme; or unto Gover∣nours, as unto them that are sent by him. 1. Pet. 2.13.
9 The Supreme Magistrate hath soveraigne and full power and au∣thoritie, under God: The Subor∣dinate is so set over others, that he is still set under the Supreme.
10 Both are Gods own institu∣tion: For there is no power but of God. Rom. 13.1.
11 Therefore a Christian man is not forbidden to be a Magi∣strate, and to beare rule and autho∣ritie.
12 The Gospell doth not take away Civill Government: neither do Gods institutions overthrow one another.
13 God calls men unto the Ma∣gistracie either Immediately or Me∣diately.
14 Examples of Immediate cal∣ling we have in Moses, David, &c. For God by his own voice called them Immediately and Extraordi∣narily unto the rule and governing of his people.
15 Mediate calling is especially two waies, either by Hereditarie succession, or by Mens election: Unto these two waies of calling may all other be referred.
16 They which are called unto the Magistracie Mediately, are no lesse to be accounted as instituted and appointed by God, then those which were called by the voice of God himself Immediately.
17 For whereas Peter calleth them the Ordinance of man. 1. Epist. 2.13. he doth it not therefore, as if they were onely an humane or∣dinance: but because they are or∣dained by men, because they are men, and because they are made and appointed for the good of men, and common benefit of hu∣mane societie.
18 The Office of a Magistrate is seen or considered, either in Peace or Warre.
19 In the time of Peace let him administer Justice and Judge∣ment.
20 By Justice we understand externall obedience to both Tables of the commandments.
21 For it is the Magistrates charge and care, to see that both the Tables of the commandments be kept and observed, as farre as it concernes Externall Discipline.
22 He may and must hinder false and blasphemous opinions from being spread abroad: He may and must punish those which are seducers of Soules, especially such as are seditious: He may and must hinder the profanation of the Sab∣bath.
23 But yet he must not take upon him authoritie and power over the Consciences of men, whereof God onely is King.
24 Therefore neither must the Magistrate compell the Subjects to any false religion, neither must the Subjects obey, if he goes about to compell them.
25 Unto the Administration of Justice, there belongeth also the power of making Civill Lawes, to
be the determination of the Law of nature.
26 For Christian Commonwealths are not simply tyed and bound to the Judiciall Lawes of Moses.
27 Unto the same also belong Contracts, which are to be mode∣rated by Charitie & Equitie: From whence it is easily gathered, what we may determine in the question, about Vsurie.
28 The Scripture simply for∣biddeth Vsurie: But what be Con∣tracts of Vsurie, that we must learne from the end of the Law, which is Charitie; and from the description of the Prohibition, as also from the incorrupt judgement of the prudent.
29 By the name of Judgement forementioned, we understand the defending of the good, and the pu∣nishing of those which do that which is evill. Rom. 13.4.
30 To which end and purpose
were judiciall Lawes invented, for the hearing & judging both Civill and Criminall causes.
31 Therefore a Christian man is not forbidden to go to Law, so he do it in a lawfull manner.
32 The Punishment which the Magistrate inflicteth upon the transgressours of the Lawes, and the troublers of humane societie, must be Correspondent to the Fault committed.
33 For it is not free for the Ma∣gistrate at his pleasure, to let de∣linquents and offenders, especially such as are in any enormous crime, escape and go unpunished.
34 Yet sometimes Equitie and Moderation of the rigour of the Law is to be used: but still with a respect unto the Delinquent or Of∣fender, and the Offence it self.
35 As Extreme rigour of the Law is sometimes, Extreme injuries: So likewise Extreme indulgence
and remissenesse doth Dull the Edge of the Law and much dimi∣nish the power and authoritie of the Magistrate.
36 Here a question is moved about Heresie, Theft, and Adulterie, Whether the Punishment thereof ought to be Capitall.
37 Whosoever doth maintaine an Heresie Privately, or else doth spread it abroad but not seditiously: we deny that such a one is to be put to death.
38 Other wayes of sowing, and spreading abroad heresies, we leave unto the Magistrate to pu∣nish.
39 To say that the punishment of simple Theft▪ especially if it be but of a light and petty matter, ought to be Capitall: that's very hard.
40 Yet we do not mislike that the rigour of the Law should be ex∣ecuted upon such as are common
robbers, breakers into houses, and such as have often escaped for stealing, and yet steal againe.
41 The Law of God hath ad∣judged Adulterie to be punished with death.
42 In the time of Warre let the Magistrate be mindfull of his office and duty, that he wages Warre lawfully.
43 For neither is the Magistrate forbidden to Denounce Warre, nor the Subjects to take up armes: If the Warre be Lawfull.
44 The Conditions of a Lawfull Warre are these, That it be under∣taken upon Authoritie of superious, upon a good Cause, and with a good Intention. Thom. 2.2. q. 40.
45 Warre is not warre but rob∣berie, if it be undertaken without lawfull Authoritie of him that de∣nounceth it.
46 The Just causes of warre are Three, Either Just defence, or Just
Punishment, or Recovering what is unjustly taken away.
47 There must also be added an Intention of a fit and convenient end. The Will must be for Peace, and Warre is not to be undertaken but upon necessitie: The End of going to Warre is or ought to be the procuring of Peace. August. Epist. 205.
48 To a right Intention we re∣ferre also the Lawfull manner of waging warre.
49 It was worthily spoke by Aurelianus to a certaine Tribune of Souldiers, If thou wilt be a Tri∣bune, if thou wilt live, hold thy Soul∣diers in, that they cōmit no outrages. Let none of them st••ale an hen, take away another mans sheepe, pull of a grape, ••read down the standing corn, exact oyle, salt, or wood, but let them be content with their owne wages: If they go a forraging and boothaling, let them do it in their enemies countrie
and not in the countrie of their friends and allyes.
50 For it can never be hoped, that those souldiers should be prosperous in warlike enterprises, and feats of armes, which at their departure carry away with them curses and teares for their Viati∣cum to feed upon by the way. Gregor. lib. 6. Histor. cap. 12.
51 Let them try their strength against their enemies: But even a∣gainst them let the stratagems of warre which they use be law∣full.
52 But yet it behooves a Ma∣gistrate to try all courses before he goes to warre: For he may not do it, but when the extreme ne∣cessity of the commonwealth calls for it. As Physicians are wont to do, when other remedies will not serve, at length to come to searing and lancing.
53 As in playing at Dice, when
mony is laid once at stake, it is a question upon the cast whose it shall be: So is it in warre, The chance is doubtfull; what the event will be, it is uncertain: The king and the countrie lies at stake.
54 The other part of the Poli∣ticall order, or Civill state, is made up by the Subjects, which are Re∣latively opposed to the Magi∣strates.
55 And they are either meere Subjects, or else they are joyned al∣so in some power.
56 The Subjects owe unto their Magistrates honour, fear, fidelitie, obedience, tribute, and prayers for them.
57 This honour must be per∣formed in heart and minde, in mouth and word, in work and deed.
58 We must look upon the Ma∣gistrates as the ordinance of God: neither must we detract from them with a black mo••th, nor deny
unto them outward reverence.
59 The Obedience which is to be performed hath certain bounds and limits: For those Subjects which also themselves are joyned in some power, may inhibit the Magistrates from usurping too much power and authoritie over them.
60 Yea those also which are meerly Subjects are not bound to obey the Magistrates in all things: that is, If they shall command any thing against pietie and honestie.
61 Subjects are to fear their own Kings; For they have rule and authoritie over them: But Kings also must fear God; For his kingdome ruleth over all. Psalme 103.19.
62 We must Fear God rather then Man: God, whose commands are alwaies just, rather then Man commanding that which is un∣just.
63 If any thing be commanded,
which seems hard and grievous to be born, yet we must beare it: But if that which is commanded be impious and unjust we are bound not to obey it.
64 We owe Tribute unto Kings and Magistrates: because they la∣bour for us; because they rule and govern us; and because they defend us.
65 But here a due moderation is required: For the tribute must be such as the Subjects are well able to pay, and such as the ne∣cessitie of the commonwealth re∣quires.
66 Here the question is moved, whether that place 1. Sam. 8. is to be understood of Right or Custome. It may be answered, by distin∣guishing between the Necessitie of Government, and the Pleasure of the King.
67 Prayers also are a due which subjects are to pay unto kings and
those that are in authoritie, as the Apostle teacheth expressely. 1. Tim. 2.2.
68 It was well said by B••gen∣hagius, That if we were as ready to pray for the Magistrates, as we are to d••••ract from them, then certainly things would go better with us, and it would be the bet∣ter for us.
69 The Hebrew Rabbies have such a saying as this, Wo unto tha•• people which bury their own Lords. Rabb. Solomon Jar▪ in Com∣ment. Hos. 1.
70 And Antigonus after his death is often digged up again by his Subjects.
71 And thus much concerning the Politicall Order, or Civill State. That which remains concerns the Politicall Doctrine.
72 God who establisheth king∣domes, grant unto all Christian Kings Princes and Governours
peace and tranquillity both in bo∣dy and minde here in this life, and eternall salvation both of bo∣dy and soul in the life to come. Amen.