# Lehre und Wehre_St. Louis Missouri_October 1863_S303
# AI translation — CHI Digital Archive (demonstration)

303
Theological Axioms.

XXIII. On the Civil Authority.

1. In the beginning the magistracy resided with the heads of families, but with the increase of the human race it was conferred upon certain particular persons. (Kromayer.)

Originally the authority of magistracy rested with the heads of families, but as a result of the increase of the human race it has been transferred to certain designated persons.

2. In the founding of a realm, the right and power to appoint a magistrate for itself belongs, by natural and international law, to the people. (Gerhard.)

If a realm is first to be established, then the right and the power to appoint for itself an authority, according to natural and international law, belongs to the people.

3. The ministerial causes that most immediately confer the magistracy, as well as the ways of acquiring it likewise — by succession, election, contract, occupation in a just war, and likewise by lot — alter neither the inner form of the power, nor do they detract anything from its divine origin. (Scherzer.)

The serving causes which most immediately confer the authority of magistracy, as well as the ways of attaining it — through succession, election, treaty, conquest in a just war, or also by lot — change neither the inner essence of the power, nor do they take anything away from its divine origin.

4. "To be preeminent" (τὸ ὑπερέχειν) signifies factual pre-eminence, apart from the title of first acquisition. (Idem.)

Having power denotes something factual, apart from the legal ground of its first acquisition.

5. If prescription does not hold good, what kingdom will? (Dannhauer.)

If the statute of limitations were not to hold good, which kingdom would then still be reckoned lawful?

6. He who gave dominion to Constantine the Christian, the same also gave it to Julian the apostate. (Augustine.)

The very one who gave the government to Constantine, the Christian, gave it also to Julian, the apostate.

7. The necessity of obedience rests upon those who are subjects, not by voluntary or positive human law, but by divine natural law; and that in the very same way as the paternal right and jurisdiction was conferred upon the first parent — not by descendants not yet in existence, nor, even when they did exist, by their voluntarily coming together and of their own accord and freely subjecting themselves to the first-created man; but rather, just as through natural dependence they received body and blood from their first parent, so too they received the norm and commandments of living appropriate to a rational creature. (Huelsemann.)

The necessity of obedience does not lie upon those who are subjects by virtue of any free human or positive right, but according to divinely natural right, and indeed in just the same way as the paternal right, and its exercise, was granted to the first father — not by his