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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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say it is and that he hath it as the layeth claim to a very strange and high thing immediate and extraordinary revelation so he must evidence i●t● others very plainly ere they can credit him in it * Thus Luther answered the Seditious Boars of Germany of Muncers and Phifers raising Si mandatum aliquod habetis a Deo vestri facti necesse est hoc Ips●●●n a vobis aliquo illustri miraculo demonstrari Apud ●leid Comment lib. 5. pag. 120. 2. Besides the use or significancy of Providence which it hath to confirm and second a rule or duty before enacted and declared it is found even in matters of a moral or positive nature sometimes in a further use viz. to declare the will of God by it self alone but then it must be withall said this is not the general common or naturall but a particular extraordinary and institutive use of it this is never but in case and by virtue of a previous special warrant or appointment of God This is not common to all or usuall in many but proper to some Providences unto which it hath pleased God to annex such a use Where God hath given out his warrant concerning one sort or one single act of providence and one singular and circumstantiated case that in this case such an event or act of Providence shall declare what the minde of God is there this use of providence obtains and there alone as far as my observation can go Some few such dispensations of God to some persons in some special cases I finde in Scripture and but some few yet for distinctions sake I thought it necessary to take notice of this use of Providence When God would have the Land of Canaan divided among the Tribes Num. 6.55 and Families of the Israelitish nation he appointed the distribution to be made by Lot When therefore Joshua and the heads of the Fathers cast lots upon the several portions of that land the coming forth of those several Lots to this or that tribe family or person severally was the signification of Gods will concerning such or such a parcel of the Land and the making over of the property thereof by donation from him unto such persons The same way was appointed and of the same use was the Providence of God in the disposall of the lots at the election of an Apostle in the place of Judas Act. 1.24 2● By a Providence of this sort was the congregation of Israel guided in their journies and stations in the wilderness God appointed them for their motions and pitchings to attend the setling or moving over them of the cloudy and fiery pillar hence it is said Num. 9.18 20 23. that they observing that course of the cloud at the commandement of the Lord they journeyed and at the commandement of the Lord they pitched A like resolution did Abrahams servant obtain of God when he went by his Masters command and with his assurance of extraordinary divine conduct to seek a wife for Isaac When he was come to the City of Nahor he prayed and the Lord granted him to know what damsell he should choose and have for that marriage by the token of her granting him water out of the well for himself and for his Camels which sign therefore being accomplished in Rebecca not only he but Laban and Bethnel her brother and father when they heard the servants relation of it and of the event acknowledge the thing or word proceeded from the Lord and that in it the Lord had spoken * Gen. ●4 27 50 51. 1 Sam. 14.10 Such a sign had Jonathan to go by in his otherwise desperate attempt upon the Garrison the Philistines Luk. 22.10 And a token of this nature had Peter and John from Christ to guide them in pitching upon the place where he would have them prepare for his and their eating of the Passeover And as the minde of God for mens practice so his meaning in matter of faith when there hath been ambiguity or obscurity in the apprehending thereof hath this way been discovered The Shepherds at the birth of Christ being told by the Angel of the good tidings of great joy Luk. 2.10 11 12. viz. the birth of a Saviour Christ the Lord that day in Bethlehem God gave them by the Angel moreover a providential sign to know him by to wit the special place and posture they should then finde him in In his swadling cloathes and lying in a manger So did he point out to the wisemen which came from the east to seek him that was born King of the Jews Mat. 2.9 10. how and where they should finde him by a Star But this way of resolution concerning either the will or meaning of God was even then extraordinary and out of course and but rarely afforded much more is it so now and besides the significancy which Providence had in these extraordinary cases was not by virtue of it self but from the institution or special word given forth for it When God gives no such particular warrant as in those cases he did and as now for any thing I know he doth not at all we may not expect or attempt to finde out Gods will by such means If we do it will not be an allowed enquiring but a tempting of God * Vide Ames medul Theol. lib. 2. cap. 11. Sect. 18 cap. 12. Sect. 17 18 19. De conscient lib. 4. cap. 23. Sect. 1 ● 5. And lastly there is yet another use of Providence to be noted We before distinguished betwixt the delivery of a rule or law and the determining of it to this or that particular We have said before Providence is not originally institutive or preceptive yet it may deliver us the law or the will of God already enacted by way of declaration index or remembrance and this in some things solitarily and in some only joyntly and concurrently with other means Besides all this Providence hath another use in promoting our knowledge and obedience to the will of God and that is by way of application or determination of the obligation or authority of the Law of God unto particulars And this use of Providence together with the way and divers manners of its tending thereunto will here require a distinct discovery that it may neither lie under a confused notion nor fall under mistake First That Providence hath this use to determine general rules to particulars is very obvious and evident It brings home the law which in it self runs in terms universal or indefinite to its singular matter by applying it to particular persons things and times and by that means that commandement or direction which is delivered generally to all of the like case and condition it gives occasion or call to this or that man in particular to put in practice For instance the law of God commands suum cuique tribuere to do right to every man now Providence comes with
its disposing hand and distributeth to every man his right in particular as this house or field this honour dignity or authority to this or that man And by this hand of Providence so disposing is determined that general rule to these particulars whereby it comes to passe that every other man is required to yeeld these perquisites or havings to this or that man and is forbidden to take or detain them from him Again the word of God saith Is any among you afflicted Let him pray Is any merry Let him sing Psalmes As we have opportunity let us do good Now Providence comes in and at this time disposeth this condition of sadness or that of joy to me or it putteth into my hand an opportunity of almes-giving and thereby it comes about that it is now my part to perform that duty of Prayer Singing or giving almes The word of God hath instituted diversities of estates and relations amongst men as marriage and single life Magistracy and Subjection Mastership and servitude not imposing every one or any one of these c●nditions upon every man for that were not consistible but appointing one for some another for other persons Now besides this institution God by his Providence immediately without his word otherwise then mediately ordinarily cals men forth particularly some unto this others to that estate and those particular persons whom his Providence so cals the general rules of his word concerning those respective conditions come thus to be in force unto requiring them to undertake those conditions and to perform the several duties annexed to them respectively Here then by the intervention of Providence it is that the general rules concerning this or that special state or relation either the entrance upon it or the discharge of the duties of it become necessary to this or that man Providence under this use I shall call Ordinative in distinction from that which is meerly Eventual Secondly as it is plain that Providence hath this use so it will be requisite to enquire how Providence cals men into this or that state or relation and so effects this determination of general rules to their particulars For this I shall observe somewhat concerning 1. The different senses wherein God by his Providence is said to call 2. The means 3. The manner 1. For the different acceptions or senses wherein God may be said to call men into such a relation or state we say by his Providence God calls to the same either directive or constitutive Either by directing them to such an estate or by constituting them in it that is either by setting before them the estate as requisite for them to enter into or by leading and putting them actually into it The former is when those occasions and inducements or exigencies are occurrent to a man which when they are put or in being it is his duty according to the rule of Gods word to enter into such a state or relation The latter is when by the acting of Providence by those means whereby such a state or relation is produced or emergent men are actually brought and placed in that estate These two wayes are manifestly different and necessary to be distinguished For instance In the former sense persons are called to the state of marriage when they have not the gift of continency that is it is their duty then to marry according to that 1 Cor. 7.9 36. and he is called to a single life thus that hath that power over his own will that is mentioned 1 Cor. 7.37 Mat. 19.11 according to that of our Saviour Mat. 19.12 In the latter sense they are called to a marryed estate that are already bound or entred into wedlock He is called into the single estate that is loosed 1 Cor. 7. ●4 27. And in like manner may it be said of domestical Mastership and servitude and of political dominion and subjection and of domestical and political freedom It is one thing to say a man is by Providence called to be a Master or a Servant a Prince or a Subject the former way that is he hath the previous inducements to any such estate presented to him and another thing to say he is called the latter way viz. that those acts are passed upon or by him which make him a Master or a Master or a Servant a Magistrate or a Subject By the former he is but invited or directed to such a state by the latter he is invested or enstated de facto in it This distinction is observable in them that dispute to the validity of absolute conquest or captivity to make a man a domestick servant or a multitude the patrimonial kingdom of the conquerer They say the conquest or captivity doth not make the parties actual servants or subjects and consequently doth not make their conquerers their Masters or Soveraigns but it doth lay a duty upon them to give their consent if they be free from others and not pr●obliged and so can dispose of themselves to their conquerer or captiver and so by their own act to contract that relation * See a Book called A vindication of the Treatise of Monarchy pag. 17 18. Hobs Elements pag. 92 93. As in like manner it is in the case of a single person that hath not the gift of continency he is called to marriage but is unmarried and hath the power and right to dispose of himself yet in regard he wanteth the said gift he is obliged to marry as soon as a fit match is offered Secondly concerning the means by which Providence may call one into any state that is invest and enstate him in it for this consideration will have relation to the latter acception only of the providential call of which even now viz. that which is constitutive or actually setting a man in a state Providence is working in all morall affaires and civill stations and conducing to the bringing of men into the several relations they are in but 〈◊〉 it is the word or law of God and not providence by it self which ordains or authorizeth those states so ordinarily it is not Providence solely constit●tes men therein but providence imploying and acting by certain means and those concurring with it Now the means may as to our present consideration be two fold 1. Some relative states are such as providence cals that is brings persons into them by means extrinsecal as to the persons called or without the act of their own wils So persons come into the relation and obligation of children to their Parents by procreation say some by preservation and education say others * Grot. de Jure lib. 2. cap. 5. Sect. 1. Hobs Elements part 2. cap. 4. Sect. 3. but by which soever it be they are passives in incurring that relation and duty So are others through the defect of reason as Orphans Fools and Madmen brought into the condition of pupils and minors in relation to Guardians and Tutors and so are Delinquents or Malefactors through
by which one certain pertain person or more do rule with dignity and power lawfully attained the Common-wealth whole or part with honest Lawes as to the things that concern this life The professors of Leiden in their Synopsis Synopsis purioris Theolo per. 4. profess Leid Disp 50. Sect. 29. Forma Magistratus posita est in legitima potestate ipsi a Deo concessa haec enim inflar anima functioni ejus vitam inspirat atque efficacitem largitur The forme of the Magistrate is placed in the lawfull power granted to him of God for this like the soul breathes life into his function and gives it efficacy Zanchius Zanchius de Nat. Dei lib. 4. cap. 8. quaest 3. Thes 3. Ad verum enim legitimum liberumque dominatum constituendum necessarium est liberum absolutumque jus libera absolutaque potestas quam Graeci 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocant qua res quarum dominatum quaeris tuae fiant For unto the making of a true lawful and free dominion is necessary a free and absolute right a free and absolute power which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by which the things of which thou wouldest have the dominion are made thine Grotius Grotius de jure belli pacis lib. 1. cap. 1. Sect. 4. Jus est qualitas moralis personae competens ad aliquid juste habendum vel agendum qualitas autem moralis perfecta facultas nobis dicitur minus perfecta aptitudo Sect. 5. Sub facultate continetur potestas tum in se quae libertas dicitur tum in alios ut patria dominica c. Right is a moral quality belonging to a person whereby he may have or do a thing justly a perfect moral quality we call a faculty an unperfect an aptitude Vnder a faculty we comprehend Power both that which is over a mans self which is called Liberty and that which is over others as the power of the Father of the Master c. Sect. 6. Sed haec facultas rursum duplex est vulgaris sc qui usus particulalaris causa comparata est eminens quae superior est in re vulgari utpote communitati competens in partes res partium bon● communis causa Sic regia potestas sub se habet patriam dominicam potestatem But this faculty is again twofold viz. Vulgar which is for particular use and Eminent which is above the said Vulgar as that which belongeth to a Community over its members and their things for the common Good So the Kingly power hath subject to it that of the Father and of the Master Mr. John White his way to the Tree of Life Chap. 3. pag. 46 47. In Scripture as well as in other Authors the name of Authority and Power are used indifferently as if they were one and the same thing although in strictness of signification we may finde a real difference between them for Power implies that strength by which any thing not only subsists but withal bears out it self against whatsoever opposeth it and besides is enabled to work any notable effect Authority being most properly restrained to the government of reasonable creatures is that power by which a superior hath right to prescribe unto such as are under him By Right in this discription we exclude Tyranny which is the usurping of authority without and against right To these I may add that of Tacitus Agricolae vita cap. 10. he speaking of the person of Galgacus our own Countrey man Ausetre trucidare rapere falsis nominibus imperium appellant To despoil to kill to snatch away they miscal by the name of Empire Subsection 4. What is required to the making of a Moral Power BEing come to this resolution that only Moral viz. authorized or lawful Power and that species only of it to wit Political or Magistratical power is meant in the text It may make for the further illustrating of this subject we are upon and the confirming of what hath been said upon it to consider what it is that makes a Moral Power or a Power to be warranted authorized and awful and for that end to take notice of the divers wayes wherein a power may be said to be warranted or unwarranted lawful or unlawful Unto a moral or authorized power and so to the power intended in the Text it is necessary not only that the thing to be had and held or to be acted and done be in it self lawful but that it be lawful to the person in whom you subject the power that it be lawfully invested in him or that there be a due authorization or call of the person to it For the yet clearer understanding of this let it be observed that there are four several wayes wherein Power may be said to be lawful or unlawful warranted or unwarranted 1. In regard of Matter 2. In regard of Person 3. In regard of Title 4. In regard of use Let us take notice wherein each of these consisteth and differeth from the other and how far they or any of them conduce to the making up of a Moral power First in regard of Matter Power is in this respect lawful and warranted when the work or act to be done by it is in its own nature allowed or approved of God to be done by man The Scripture declares to us a multitude of things which are put into mans power or are made lawful or warranted to him as for instance there is a power to eat and to drink to eat flesh to eat without discriminating betwixt clean and unclean and to eat without respect to an idol consecration 1 Cor. 9.4 Gen. 9.3 Rom. 14.14 1 Cor. 8. ● 10.23 27. On the contrary many things are for their matter unlawfull and also the power of them is unwarranted or forbidden to men Such is the power claimed by the Pope many wayes as the power of dispensing with divine laws or of making of new in matters of Faith and Religion the power of judiciary binding the conscience or forgiving sins the power of an Ecclesiastical supremacy over all Christians the power of disposing of souls in another world these are super-humane acts or such as were never concredited to man Such again is the power of Witchcraft Sorcery false miracles Divination and the like prestigiatory delusions or pernicious seats practised by men from their own presumption with the assistance or instigation of the Devil Secondly in regard of Person There are in Scripture some Powers lawful for the matter of them but variable in point of warrant as to the person the tenure of them being allowed to one sort of persons and inhibited to others some persons only are made competent and others are disenabled to assume them and consequently in the persons capable to hold them they are lawful powers in others not so The Priesthood of the Law was invested in the sons of Aaron with exclusion of all other if any therefore besides
besides his allowing or prescribing Government with such and such species of it to be convey authority to individuals or particular persons It must further be acknowledged that this act of God must be such as that by it not only the person authorized but the rest that are concerned in that estate in point o● use of it or duty to it may understand that such an one is singled out by God to sustain this authority How else could any in conscience of Gods ordinance either assume such authority over others to themselves rather then yeeld it to others or others attribute it to them rather then to others or to themselves Now can it be imagined how such an act of God so humanely intelligible should be passed but either it must be by his immediate revelation from heaven and thereby indigitating or pointing out as it were such a person or persons to such an authority in such a place or by chalking out a way to men or giving rules in general to them how such and such authorities shall accrew unto men which wayes or rules shall serve in all cases unlesse where himself shall immediately interpose to create superiority or convey power to men and to discover the empowered The former way Gods designation of particular persons unto authority by immediate revelation from heaven is not now exercised or expected neither was it ever in ordinary or constant use The latter therefore is the way remaining to us That there are such wayes stated or rules prescribed by God for mens entry into relations of power over others and those necessary to the being thereof so as without them all ordinary claims to such conditions are null is very evident and confessed in the relations of parents masters husbands pastors of the Church and many others and there is no reason in the earth to me excogitable to think it is not certainly so also in the Magistratical state What those rules or wayes in particular are in reference to Civil Magistracy here is not the fit place to enter upon the set enquiry but I shall for this have fuller opportunity as also for the proving more largely that such rules there are given of God afterward in this discourse But if thus much be admitted as I see not how it will be gainsayed it sufficeth to prove the thing we are about viz. that the essence of Moral power consists in a title or right to rule For if all power be from God not only as appointing the office to be among men but as appointing the person or persons to the office and his ordinary constant way of appointing the person to the office be the prescribing of a rule for mens ingresse into the authoritative relation or accession to power by which way he communicates that power to them which is not in others and which otherwise is not in them it must needs be that as such admittance unto power most certainly gives right and title to it so upon mens having or not having such entrance to it depends the reality or nullity of the power they to themselves challenge We have seen this third kind of lawfulness or warrantableness of power viz. in regard of Title and the necessity of it to the being or constituting of a moral power Fourthly there is yet behind another way wherein power may be said to be lawful or unlawful viz. in regard of use That power which in respect both of matter and of person and of title is lawful is yet to undergoe a further qualification to regulate it which concernes the use or employment of it a power lawful and right for its composure must also be legal and right for its practise its course and processe in government must be altogether just it may decree and do only equal and right things and in this respect that power is unlawful or culpable which doth enact or execute any injustice or wrong So were those ten Kings Rev. 17.13 14. who gave their power up to serve the Beast and to make war with the Lamb. But among these four wayes of the lawfulness and unlawfulness of a power which we have thus distinguished of and explained there is this difference to be noted The three first wayes do concern the being composition habit and constitution of an authority or Moral power the fourth only concerns the act and exercise thereof and consequently the three first conditions of lawfulness are simply necessary to the making of the power the fourth is but accidental and exterior to its making an unlawfulness in any of those three respects is inconsistible with destructive to the nature of a moral power and consequently secludeth the power that is in any of those things peccant from any claim to this text whereas that power which only offends in its use or acts of power may well as to its being and constitution be moral and interested in the text and its universal actings only be accounted forein or disallowed ground therein For this is as far as I have observed yeelded by all and is very certain that every unlawful power so far as it is unlawful must be excluded out of the meaning of this text * See the Authors quoted by Mr. Prinne his third part of the Power of Parliaments p. 14. The power therefore that is unlawful as to its being and constitution is wholly and absolutely secluded the power that is unlawful only as to exercise may be for its habit or being included in it and its irregular acts only discarded from it To make this observation if need be yet more evident as to that lawfulnesse which concerns the being of a power Unto the constitution of a power in its individual essence and existence you must necessary take in these three things 1. The matter of the power 2. A subject or person to sustain it 3. An investure or conveying of that matter of power unto that subject or person If all these three must go to the making of a power then a legitimacy in every of these must go to the making of a Moral power or a power lawful in its constitution or being and an illegitimacy in any of these is an illegitimacy in the very being and so a nullity to the power as moral or a making of it no authority 1. An unlawfulness in the matter of a power destroyes its moral being The Pope assumes to himself a power to dispense with the consciences of Christians in divine Lawes This power we say is unlawful for the matter or in the whole kind of it disallowed to all and every one of mankinde and therefore we say it's null we deny any such power to be in him 2. An unlawfulness in regard of person evacuates the power Korah and his company arrogated to themselves the office of the priesthood this power lawful in it self as for the matte was not lawfull but prohibited to be in them their Pr●esthood therefore was a nullity they were indeed no priests 3.
the same Turkish Signior are very notable and easie to be remembred 3. There may be under this head another sort of examples given to wit of such as have not been under the command and actuall subjectednesse of the meer possessory power but have assailed and come in upon him from abroad upon the quarrell of the disseisure of a just title and for the reinvesting of it the cause being either their owne or others whom they have thought it just and requisite to assist therein The instance of Abrahams arming pursuing and fighting in the rescue of his brother Lot and the people of Sodome and Gomorrah and their goods taken and carryed away by and remaining wholly in the possession of Chederlaomer c. went before onely I shall observe here upon it that Mr. Calvin in his Sermons on Gen. 14.13 c. trans●●●ed out of French into English page 5 6 7 8. moving this question Whether these a●mes of Abraham were lawfull or no being he was neither King nor Prince but dwelt in the Land of Canaan as a stranger An●wers thus Howbeit here is one thing fi●st to be noted of us that he had been already constituted and ordained to be Lord and Master of this Countrey and although the p●ss●ssion thereof was not yet given him yet for all tha● the right and title thereof belonged to him By which wo●ds Mr. Ca lt in pl inly teacheth that the poss●ssion of a Countrey m●y be in one the right thereof in another and that the person in whom the right is may lawfully war upon the poss●ssor for the recovery of his said right We had also before the instance of Theodosius the Emperour of the East his coming in the quarrell of Valentinian fi●st upon Maximus who had took the Western Empire and held it from Valentinian and after the suppression of him upon Eugenius who had a while after inju●iously se●sed the same Empire * See before Chap. 8. Sect. 4. I will here add one more out of Scripture and a few more out of other H●stories The Scripture instance is this 2 King 3.4 M●sha King of Moab rebelling against Jehoram King of Israel not onely doth Jehoram make an invasive War upon him for the recovery of his Dominion over Mo●b but Jehoshaphat that good King of Judah assists him therein in his owne pe●son yea and Elisha the Prophet was with them in that Expedition and in their great distresse for lack of water enquired of the Lord for them and from the Lord gave them a promise and direction for their obtaining both of water and of victory in their present War The examples out of other H●stori s shall be set down but by way of b iefe remembrance As first the enterp ize of the Eastern Emper●ur Co●stantius his invading and dest●oying Magnentius who had usurped the West by the murther of Constance the Emperour there † S●e Rosse his History Book 3. chap 1. p. 82. To this may be annexed the examples of many of the Western or Italian Christian Emperours as Honorius Theodosius Junior Martian Leo and other their Successo●s who b ing disseised of whole Countreys and Na●ions by the breaking in of the Go●bes c. into Italy Spain and Africa and sometimes of Rome it self yet they c aimed after such their dispossession their right to those Te●ritories and prosecuted the same by force of Armes wherein they some-while prevailed to a recovery * Idem pag. 92 c. I shall refer also to the proceedings of Elubean the Christian King of the Ethiopians against Dunaan the Jew the usurper of Nargan a City in Arabia whom in behalf of the Christian people of that Region Elisb●an invaded and ●j cted * Vide B●ron Annal. ad An. Christi 522 523. As also to the severall wars undertaken by the Christian Princes of Europe for the recovery of Palistine from the Saracens Here may be also remembred that when the Anabaptists of Munst r had dispossessed the Bishop who was the civill Lord thereof and taking into their own hands the rule of all did after some time of their p pular disorder put themselves under the absolute soveraignty of John Becold the Protestant P●inces of Germany as the Duke of Saxony the Lantgrave of Hessen c. joyned in assistance to the said Bishop a Papist against the said pretended King in Munster and his partakers for the suppr●ssion of them then the possessory power there by the Sword and for the re-investing of the Bishop as the rightfull Lord. And that both they and the Protestant Divines as Luther c. condemned and declared against them as violaters of the civill order of that place † Jo. Sleiden Comment lib. 10. pag. 255. As also that up●n the death of Henry the third of France when the Kingdome was generally possessed by the Leaguers the Guisians the Spanish and the Popes party under the command of the D●ke of Maine who with the pretence of the title of the Cardinall of Bou●bon by him proclaimed King by the style of Charls the tenth ruled all and throwded his owne usurpation Henry King of Navar and with him all the Protestant Nobility and peop●e ●f France stood up for the recovery of that Kingdome out of the hands of those confederates the possessors in as much as the Crown of France lineally descended upon the said King of Navar and Henry the Third had immediately before his last breath nomina ed him his lawfull Heir and Successor And unto his ayd in that cause did out Queen Elizabeth send assistance of men arms and money * Speeds Hist in Q. Eliz. Sect. 259. The taking up of the cause of the Prince Elector the Count Pa●atine both the Father and the Son by many Protestant Princes as of England Swethland Germany when they were outed of the Palatinate and it possessed by the Emperour and the Bavarian for their re-investing therein is well known and shall be the last example I will mention of this sort For besides examples we have it generally acknowledged that the recovery of a disseised title to Dominion is a just cause of wa● † Vide August T● 4. part 1. quest 10. super Josua Grot. de Jur. B. l. 2. c. 1. Sect. 2. If it be objected against the alledging of these examples that being their acts are the acts of persons who are not in actuall subjection to the meer possessory power but such as assaile him ab entra they come not up to the purpose for which they are brought I answer 1. Resistance of that power which is the ordinance of God is in this place ve●s 2. disallowed in all without restriction whosoever resisteth the power c and may therefore be ex●ended to any as well Foreiners in regard of State-relation or of residence as those who are Members of or residing in the Common wealth so possessed 2. Though these be residers other-where yet in their attempt or in the act of