Now because the Basis of our Question is, concerning the nature of Government, Rule and Authority, or ruling and governing power (in which principle our Doctor is so much mistaken) I must (though at last) show what that is. Power in it self therefore, or [Greek or Hebrew], the word used Rom. 13. properly signifies a liberty or authority toc work or act towards others, translated licentia from [Greek or Hebrew], as licentia à licet: Sometimes the word is used in the abstract, as Luke 4. 6. Luke 19. 17. Sometimes in the concreate, as Matth. 8. 9. Rom. 13. 1. 2. Where, saith Gerard, dnot without great advice the Apostle Paul doth use an abstractive manner of speech to show that subjects ought not so much to respect the persons commanding, as the office it self in their commandments. Take the word in the abstract, so it is all one with jurisdiction, which is ordinarily described to be Jus dicendi in invitum. ⟨p. 3⟩Now this governing power is either Ecclesiastical or Civill: civill Concerning which our question is according to the Apostle Paul, as Gerard, eBuchanan, and others have it, is that ordinance of God which is armed with the sword for the terror of those that are evil, and encouragement of those that do well, Rom. 13 1 2. 3. This dominion of jurisdiction is distinguished from dominion of propriety: for dominion of propriety, as Medina observes,f is a power of disposing of any thing that is a mans own to his own profit. The power of Jurisdiction or government is not so; which while some have mistaken, they have attributed so much power to the Prince, in regard of Townes, Castles and Forts, as if he had therein dominion of propriety, which breeds much confusion in mens apprehensions, and doth bias their thoughts into state errors. According to Alman, Secular or Civill power,g is that power which regularly is given to one, or more, by the people, for the ordering and preservation of the Common-Wealth, according to the civill Laws thereof. I shall go no further then the Scripture will lead us plainly in this particular: As Ecclesiastical power or jurisdiction is ministerial, and therefore called, Jus clavium, the power of the Keys;
NOw because the Basis of our Question is, concerning the nature of Government, Rule and Authority, or ruling and governing power (in which principle our Doctor is so much mistaken) I must (though at last) shew what that is. Power in it selfe therefore, or 〈non-Latin alphabet〉, the word used Rom. 13. properly signifies a liberty or authority toc worke or act towards others, translated licentia from 〈non-Latin alphabet〉, as licentia à licet: Sometimes the word is used in the abstract, as Luke 4. 6. Luke 19. 17. Sometimes in the concreate, as Matth. 8. 9. Rom. 13. 1. 2. Where, saith Gerard, dnot without great advice the Apostle Paul doth use an abstractive manner of speech to shew that subiects ought not so much to respect the persons commanding, as the office it selfe in their commandements. Take the word in the abstract, so it is all one with jurisdiction, which is ordinarily described to be Jus dicendi in invitum. ⟨p. 3⟩Now this governing power is either Ecclesiasticall or Civill: civill Concerning which our question is according to the Apostle Paul, as Gerard, eBucanan, and others have it, is that ordinance of God which is armed with the sword for the terror of those that are evill, and encouragement of those that do well, Rom. 13 1 2. 3. This dominion of jurisdiction is distinguished from dominion of propriety: for dominion of propriety, as Medina observes,f is a power of disposing of any thing that is a mans owne to his own profit. The power of Jurisdiction or government is not so; which while some have mistaken, they have attributed so much power to the Prince, in regard of Townes, Castles and Forts, as if he had therein dominion of propriety, which breeds much confusion in mens apprehensions, and doth bias their thoughts into state errors. According to Alman, Secular or Civill power,
- cPotest as in genere est facultas quae dam propinqua ad exercendum aliquam operationem in aliquo supposito, ut domificator babet potestatem domificandi, id est facultatem qua in propinquo potest exire in talem operationem. Alman. depotest Eccl. & Laic q. 1. apud Gerson.
- dUbi non sine gravi •onfilio Apostolus abstractivalocutione uti voluit, ut ostenderet subditos non debere ad personas imperantium respicere, sed adipsorum officium quo divinitus sunt instructi. Ger. de mag. polit. cap. 1.Vbi non sine gravi •onfilio Apostolus abstractivalocutione uti voluit, ut ostenderet subditos non debere ad personas imperantium respicere, sed adipsorum officium quo divinitus sunt instructi. Ger. de mag. polit. cap. 1.
- eIn Epist. ad Rom. Regem ettam definit prope ad dialecticā subtilitatem esse enim ait ministrum cui gladius traditus est ut malos puntat, ac bonos foveat & sublevet. Buchan de Jure Regni apud Scotos. Magistratus in abstracto ex loco Apostolico, Rom 13. sic dosmire potest, Est potest as à Deo ordinata, gla•io armata ut sit custos divinae legis & aliarum honest arum constitutionum ad conservand. pacem in genere hnmano, & re•pub. salutem obtinendam, Ger. de pol. mag conclus gen.In Epist. ad Rom. Regem ettam definit prope ad dialecticā subtilitatem esse enim ait ministrum cui gladius traditus est ut malos puntat, ac bonos foveat & sublevet. Buchan de Jure Regni apud Scotos. Magistratus in abstracto ex loco Apostolico, Rom 13. sic dosmire potest, Est potest as à Deo ordinata, gla•io armata ut sit custos divinae legis & aliarum honest arum constitutionum ad conservand. pacem in genere hnmano, & re•pub. salutem obtinendam, Ger. de pol. mag conclus gen.
- fDominium jurisdictionis est potest as gubernandi subdiios suos cujus actus sunt p aecipere vetare, judicare, punire, pr•miare. Dominum oroprie•atis jus disponendi de r• aliqua in suum com•••dum. Medina de jure & justitia.
