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A47071 Mene tekel, or, The downfal of tyranny a treatise wherein liberty and equity are vindicated, and tyranny condemned by the law of God and right reason, and the peoples power and duty to execute justice without and upon wicked governors, asserted / by Laophilus Misotyrannus. Laophilus Misotyrannus. 1663 (1663) Wing J988; ESTC R5466 77,425 86

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be advanced to the highest Trusts in Government Another Instance is that of Artaxerxes another Heathen who commissionates Ezra to make such as knew the Law of God Rulers over all the People beyond the River Ezra 7.25 Oh what shame doth this speak to England where Men that are ignorant of yea that hate the Law of God are every where made Rulers over others The word Know there used is a Word of sense and signifies an affectionate Knowledge such a Knowledge as is accompanied with Love it is a comprehensive Word it is as much as if he should have said It is my resolution to have the Law of thy God observed I know thee to be a man full of Wisdom Zeal and Faithfulness to God and thy Country and therefore I commit this weighty Affair to thee look out such men as have understanding in love to and zeal for the Law of thy God and make them Rulers over the People beyond the River In like manner Jethro Priest or rather Prince of Midian for the word signifies both adviseth Moses to provide out of all the People able Men such as fear God Men of truth and hating Covetousness four necessary Qualifications and make them Rulers over the People I do not find any ground from the Text to conceive that Jethro gave this Counsel to Moses by any special Revelation but being a wise and understanding man he gave such Counsel as Reason it self dictates to all men which will appear plainly if we weigh those Qualifications Jethro mentions in the Ballance of Reason For doth not Reason tell us That men who are not able for an employment are not to be entrusted with it That men of falshood who make no conscience of their word or promise are unworthy of the Government of others That covetous private-spirited men who love money and make hast to be rich are not fit to be trusted with the execution of Justice is it likely that such men will faithfully serve God and their Country whose hearts run after Covetousness And if the light of Nature teach us that there is a God it tells us that He is to be feared and that Magistrates who are to govern others should in an especial manner be such as fear God themselves For if Magistrates have no fear of God what opportunity have they to discountenance Virtue and encourage Vice and so bring down the wrath of God upon the Land Therefore Plato writes for a Government which he calls Aristocracy that is such a form of Government where the best men are made Governours and that must needs be the best Government where the best men bear rule You see then how the Light of Nature and Reason doth instruct us to chuse the wisest and best men for Governours and may not men be ashamed and blush to call themselves Christians who are in practice below Heathens Oh my native Country what Lamentation shall I take up for thee how are thy Foundations out of course how art thou fallen from the Light of Nature and Principles of Reason it self Who is that Man thou canst produce among thy Magistrates and Rulers that may indeed be justly called a Man of Truth and fearing God Where is that excellent Spirit of true Wisdom and Understanding to be found among thy Leaders Are such as have the Spirit of God and true Discretion advanced to the Government Is it not now become a Crime sufficient to depose a Governour to be a man that feareth God O let it not be told in Egypt nor published in the streets of Media that England turns men out of Government because the Spirit of God is in them and they do excel in Virtue let not the Prince of Median here how Jethro's Counsel is rejected and men that have no wisdom truth or fear of God made Rulers of the Land Repent in time of thy transgression of the very Law of Nature while thou dost profess the Gospel lest Pharoah Plato and Darius with all the wisest of the Heathens rise up in judgement and condemn thee for they have judged the best of men and such as did excel in Virtue worthy of greatest Exaltation but thou in midst of Gospel-Light ladest them with reproach and scorn and the wicked walk on every side while the vilest men are exalted 2. It being evident from the Light of Reason that men rightly qualified with the Spirit of Government are only fit to be entrusted with it Let us enquire what the Law of God saith to this point and certainly we shall find that the Law of Nature and Scripture do most exactly agree as well in this as other things The first Scripture I shall mention is Deut. 17.14 to end where there are several Qualifications required in him whom the People were to make King either expresly or implicitely 1. He most be a Brother which word is of a large extent for it imports one of their own Country and Religion they were not to set a stranger over them that is a stranger in either for the People of Israel were Brethren not only by Nation but Religion and it enjoyned them to set one over them who was a member of the Church of God and without doubt that was the principal reason for which this Rule was given lest if they should have set any of the Idolatrous Kings of the Nations over them he should draw them to Idolatry And surely it layes an Obligation upon Christians and Protestants to set one of their Brethren over them not one who will bring in Popery Superstition and Idolatry into the Land 2. The Lord tells the People that the King whom they were to make should write a copy of his Law and read therein all the dayes of his life that he might learn to fear the Lord which doth manifestly instruct the People to set one over them who was capable of performing those Duties and resolved to obey the Command of God for if the King must read all his dayes in the Law of God and learn to keep all his Statutes would not common Reason infer this that the People who were to make a King should not make an ignorant person that were unable or a profane person that were unwilling to study the Law of God Indeed all the other duties which the Lord acquaints the People with beforehand were so many directions for them to set up one qualified for those duties for if the King was not to multiply Silver or Gold to himself surely this instructed the People not to make a covetous person King if the King must not lift up himself above his Brethren it taught them to make a humble tender-hearted man King not a proud domineering person who would lord it over the Lord's Heritage and enslave them and so may be said of all the other duties of the King each duty of the King is a direction to the People to constitute one qualified for it Object But this Law was given to Israel how doth it appear it
binds other Nations Sol. By the nature of the Law it is moral and so universal and perpetual There are indeed one or two Particulars that were peculiar to the Jewish State First They must set one over them whom the Lord should chuse which implieed that God intends out of his especial grace and favour to them as his Church to chuse the man himself for them sometimes yet they were to make him King but God doth not so for other Nations but hath left us to chuse for our selves according to the Light of Reason and Scripture Again their King was not to send the People to Egypt because the Lord had forbid the People of Israel to return thither any more which our King may do upon a just occasion but the substance of the Law is of a moral nature and obligeth all Kings and People whatsoever That the King should not multiply Silver Gold Wives or Horses to himself and thereby impoverish the People and suffer his heart to be drawn from God that he should have a copy of the Law of God and read therein all the dayes of his life learn to fear God and keep his Statutes and not lift up his heart above his Brethren is all Moral and doth oblige other Kings as well as the Kings of Israel That a People professing the true Religion should not set over them one of a strange Religion to bring in Idolatry and False-worship which was the intent of that clause Thou shalt not set a stranger over thee That they should take care to set up a man in the Throne who is able and willing to perform the Duties God requires of a King is all Moral and obligeth the People of England as much as it did the People of Israel The next Scripture I shall produce for confirmation of this Truth is 2 Sam. 23.3 The God of Israel said the Rock of Israel spake to me He that ruleth over men must be just ruling in the fear of God You see here the Rock of Israel hath appointed two great Qualifications in those that rule over men Justice and the Fear of God Object These places shew only the Magistrates duty not any Qualifications necessary to the Office of a Magistrate this proves that Magistrates are bound to observe those duties not that the People are bound to chuse none but such men as are just and fear God to be Governours Sol. The very same Sophistry do the wicked and scandalous Priests use to cheat the poor People withal and lull them asleep that they may make a prey of them in the mean while The Lord sayes 1 Tim. 3. A Bishop or Overseer for so the word is in the Greek must be blameless vigilant sober of good behaviour apt to teach not greedy of filthy lucre not given to Wine no stricker but patient not a brawler nor covetous The Priest is a proud covetous drunken deboist person and the poor People must be compelled to own him for a Minister of Christ who hath never a Qualification of a true Minister in him if they complain we cannot own him for a true Minister a Minister must be thus and thus qualified he is the contrary they are answered O those are indeed the Duties of a Minister but not the Qualifications necessary to the Being of a Minister a man may be a true Minister if he be ordained though he walk contrary to these Duties and you are bound to own his Ministry nevertheless because it is an Ordinance of God So in this case we cannot deny say they but a Magistrate should be just ruling in the fear of God it 's his duty so to do but what if he be unjust and cast away the fear of God he is a true Magistrate notwithstanding and you are bound in Conscience to own his Authority as the Ordinance of God By this kind of Sophistry the Devil maintains his Kingdom and the Beast and False-Prophet theirs to the utter ruin of the Bodies and Souls of men These are the two grand Cheats wherewith the World is abused by wicked and unworthy persons pretending to Authority from God to govern both Church and State when they are utterly destitute of those Qualifications God hath laid down for the election of persons into those Offices and indeed it is hard to say which is the greater cheat of the two Blessed be God many discern the Cheat of an ignorant proud covetous and prophane Ministry and will not own it for an Ordinance of God I doubt not through God's assistance to make it evident to the World that a wicked tyrannous and oppressing Magistracy is no more Gods Ordinance than the other and that the People are bound to reject both and set up able men Men of Truth fearing God and hating covetousness in the Magistracy as well as Ministry and that all who are not thus qualified are but meer Counterfeits and Pretenders For whereas these men pretend that the Characters which the Scriptures give of true Magistrates and Ministers do only shew their duty not any Qualifications that are necessary to the constitution of them it is a meer falsity For the Spirit of God hath on purpose laid down Characters of a true Magistracy and Ministry that the People who have the Power of electing both put into their hands by God should not suffer his Ordinances to be prophaned but chuse Men after his heart for both functions of Magistracy and Ministry The Apostle commands Titus to ordain Elders in every City that is Ministers but upon this condition that there were any to be found that were qualified according to the mind of God Titus 1.5 to 8. and layes down several Characters to signifie what Qualifications God required in Ministers If any be blameless c. and so goes on with many Qualifications which you may read there and whereas the Apostle bids Titus ordain Elders he doth not mean Titus singly but joyntly with the consent of the Church as is intimated in that clause As I have appointed thee Now the Apostle would not appoint Titus to do otherwise than he himself did and the rest of the Apostles but it is plain that the People chose their Officers Acts 6.3 and 5 verses the whole multitude chose Stephen and the rest So Acts 14.23 When they had ordained them Elders in every Church 't is in your Translation but learned Beza renders it thus Communibus suffragis creantes eis Presbyteros they made them Elders or Ministers by common suffrage or consent the multitude gave their votes and chose them and then the Apostles confirmed them by Fasting and Prayer but this by the way However they were to be made yet not without Ministerial Qualifications Titus and the People together had no power to make an ignorant or scandalous man a Minister of Christ The very same doth the Scripture hold forth concerning Magistrates that the People are to look out Men rightly qualified with magistratical Endowments for the Office of Magistracy When
provided for you that is for others Isa 30.33 Tophet is prepared of old yea for the King it is prepared Your Flatterers tell you you may do what you please for you are gods but if you break the Law of God you shall dy like men and fall like one of the Princes Psal 82.6 7. He shall cut off the spirit of Princes He is terrible to the Kings of the Earth Psal 76.12 4. Magistrates are to execute Judgment and Justice in the Land 1 Kings 10.9 Because the Lord loved Israel for ever therefore made he thee King to do Judgment and Justice Not to do what he list as the Court-Parasits pretend that the King can do no evil Which they gather from that place 1 Sam. 8.9 to 19. where the Lord bids Samuel tell the People the manner of the King what he would do how he would enslave them and oppress them make them his Servants take away their goods and possessions from them and make them cry out by reason of their oppression now hence do those wicked Advocates of Tyranny plead that it is lawful for a King to do these things O filthy and degenerate wretches Apostates from the Light of Nature men given up to a reprobate mind professed enemies to mankind how dare you thus to prevaricate with God and the world to father your most damned Notions hatched in the lowest Hell upon God himself as if the Judge of the whole Earth should do as unrighteously as your selves As if the Lord should make a Law for Kings to tyrannize and oppress the People without controul when as the Lord hath particularly enjoyned the King to keep all the words of his Law and all his Statutes to do them Deut. 17.19 the Lord foreseeing that folly which the People would commit in asking a King many hundred years before it came to pass made a Law that if at any time the People should say I will set a King over me like the Nations round about Deut. 17.14 the King should keep all his Statutes as well as the meanest person And if you ask why then doth he tell the People when they asked a King that this would be the manner of him I answer Not ye Blasphemers as if the Lord allowed of such Tyranny but to deter the People from that folly which at present did possess them in asking a King For the Lord was highly displeased with them for it as you may reade at large in the story He did give them their own desire of a King but in wrath Hos 13.11 The King was made to do Judgment and Justice if Tyranny and Oppression be Judgment and Justice it is lawful for the King to do that otherwise not So likewise Judges and Officers are appointed to judge the People with just Judgment Deut. 16.18 and the Lord complains of the Magistrates Psal 82. How long will ye judge unjustly and accept the persons of the wicked Defend the poor and fatherless do Justice to the afflicted and needy Deliver the poor and needy rid them out of the hand of the wicked Here here is the Duty of Magistrates but alas what should one say unto them they know not neither will they understand they walk on in darkness all the foundations of the Earth are out of course Arise O God and judge the Earth for thou shalt inherit all Nations Thus the Apostle instructs us what is the Duty of the Magistrate Rom. 13.3 and 4. To give praise to them that do well and to execute wrath upon them that do evil And the same doth the Apostle Peter affirm 1 Pet. 2.14 But how little are the Scriptures regarded now a-dayes O what cause have we to take up that Lamentation Isa 59.1 to 16 and especially that vers 14 and 15. Judgement is turned away backward and Justice standeth a-far off for Truth is fallen in the street and Equity cannot enter yea Truth faileth and he that departeth from evil maketh himself a prey 5. A fifth general Duty of Magistrates is to Protect and Defend the People Therefore they are called Shepherds Numb 27.17 When the Lord told Moses that he should go up to Mount Abarim and see the Land and be gathered to his People he entreats the Lord to appoint another to succeed him that the People might not be as Sheep without a Shepherd So David was chosen by God to feed his People Israel 2 Sam. 5.2 That is to be their Shepherd and Leader to watch over them for their safety which he did according to the integrity of his heart Psal 78.72 The Title of Shepherd is not appropriated to Ministers but belongs to Magistrates also Now a good Shepherd layes down his Life to Protect and Defend the Sheep John 10.11 Magistrates are called Shields Psal 47.9 and Hos 4.18 Her Rulers the word in the Hebrew is her Shields now the use of a Shield is to Defend Thus Tola defended Israel Judg. 10.9 and Gideon hazarded his life for the defence of his Country Judg. 9.17 not to make himself Lord over them for that he refused afterwards He did not fight for Honour or Greatness but for the Good of his Country Thus Nehemiah adventured himself in person for the Peoples good and would not flee to save his life and leave the work unfinished Nehem. 6.11 though there were many and potent enemies round about He was a Shepherd that loved the Flock a true Shield to defend them from Tobiah Sanballat and the rest of God's and their enemies a Repairer of the Breaches both in the People and the Wall But alas poor England thy Shepherds are become Robbers thy Princes within thee are roaring Lions thy Judges are evening Wolves instead of defending the Flock they devour it Thy Shields are become Swords which pierce thine own bowels Thy Rulers instead of repairing thy Breaches throw down thy Walls and widen the Breaches among thy Inhabitants more and more But hear I pray you O ye Heads of England and Princes of these Nations Is it not for you to know Judgement who hate the good and love the evil who pluck their skin from off them and their flesh from off their bones who break the bones of the Lords People and chop them in pieces for the pot and boil them in the cauldron The day is coming when you shall cry unto the Lord but he will not hear you he will even hide his face from you as you have behaved your selves ill in your doings Mich. 3.1 to 5. You are the Shepherds of this People therefore thus saith the Lord Wo be to the Shepherds of England that do feed themselves should you not feed the Flock Ye eat the fat ye cloath you with the wool ye kill them that are fed but ye feed not the Flock with force and with cruelty have ye ruled them Behold I am against the Shepherds and I will require my flock at their hand and cause them to cease from feeding the flock neither shall they feed themselves any
assert our Liberties and Priviledges to make Laws for the Glory of God and our Good these our Servants conspire against their Masters and have wickedly robbed us of our Power and shared it among themselves we are no more bound to submit to their unjust and most prefidious Acts than a Master is bound to stand still and let his Servant give away his Goods and undoe him What Authority had a Parliament to give away our Birthrights to enslave the Corporations and Counties that sent them up to assert their Freedoms and to expose us to the lusts of wicked Oppressors to give away the Militia of the Land to the King to he disposed of for our slavery for who knowes not that it is put into the hands of bloody Papists and Sons of Cruelty and Oppression in most parts of the Land Did God give them this Authority who dares so to blaspheme Did the People give them any such Commission not in the least and therefore I conclude they had no authority at all to do it That they have no authority from the People I make good thus 1. There is no People can be supposed to be so destitute of reason and such Enemies to themselves their Little-ones and Posterity as to send up Trustees to enslave them and undoe them to give away their Birthrights and Priviledges to expose their Lives Liberties and Estates to Tyranny 2. If any People should be so foolish to send up Trustees with a Commission of this nature yet it were unlawfully done it were against the Law of God and Nature and the Grant it self null and void It were a wicked and treacherous thing for any man to give away the Power of preserving his own but especially his Wise his Children and Posterities Lives Liberties and Estates because both the Law of God and Nature oblige a man to preserve all these to give away the power of self-defence from my self is most abominable treachery to my self To give it away from my Wife and Children is most cursed and unnatural treachery to them and if a man should give away this Power to another yet the other hath no right to it by that grant it is as if it had been never given There are two infallible Maximes which make this good Whatever a man gives if it were not in his power to give it is not obliging But it is not in our power to give away self and family-defence and therfore if a man should do it yet the grant were not obliging Another Maxime as certain is that Against the Law of God or Nature nothing binds But to give away the Power of Self and Family-defence to a King or Parliament or both or to any other Person or Persons is against the Law of God and Nature And therefore if a People should be so ignorant as to do it yet it doth not at all bind them Suppose a Man should give the King or Parliament an absolute Power over himself his Wife and Children and they should come to ravish his Wife or murder his Children before his face were he bound to stand still and suffer it no such thing the Law of God and Nature binds him to rescue his Wife and Children if it be in his power notwithstanding that unlawful Act of his in giving them away before The Parliament had no Authority from God to betray our Rights and Liberties for God ordained Magistrates not for our hurt but good Rom. 13.4 They could have no authority from us because the Law of God and Nature obligeth us to defend them and therefore there is indeed nothing but a pretence of Authority which is as meer a cheat as any in the world and we have the same right to all our Freedoms and Priviledges that we had before they gave them from us and as soon as we can it is not only our Liberty but Duty for the sake of our Wives Children and Posterity to resume them again and to turn these unfaithful Stewards out of our Service with wages suitable to their merits The Lawyers say there are some cases wherein though the King make a Grant to a person by his Letters Patent yet nothing passeth to the Patentee I am sure if Scripture or Reason or both may give Judgement in our case though the Parliament have given away our Birthrights perfidiously to the King yet nothing passed of right to the King thereby The Parliaments giving our Birthrights to the King is just of as much force as if the Convocation of Prelates or Council of Bishops should give our souls to the Devil they have as much Power to do the latter as the Parliament have to do the former for both are against the Law of God and Nature and the King hath just as much right to our Liberties by the Parliaments Donation as the Devil hath to the souls of those whom the Bishops excommunicate and curse Let us not be such Children in understanding as to be frighted with a Pretence of Authority to oppress us for they have no other Authority but what is derived from the Devil and our perfidious Servants the Parliament who have sold us for nought CHAP. VIII I Come from the Power due to the Magistrate to the Tribute and I shall resolve this as I did the former 1. Positively 2. Negatively 1. Positively First So much Tribute as is necessary for prosecuting the Ends of Government viz. the Glory of God and Good of the People that is due to the Magistrate and the People are in justice bound to render unto him Secondly So much as is suitable to the Relation he is in Servants must have sufficient Wages to perform their Service yea it is their due in point of Equity Magistrates are our Servants and Wages competent to their Office is their due from us Many Towns Cities and Nations have been destroyed because their Magistrates had not Wages enough to perform their Service Constantinople was made a prey to the Turk by the Covetousness of the Citizens who would not furnish the Emperor with Money sufficient for the defence of the City Thirdly So much Tribute as is necessary for the several Duties of Magistrates is due to them to carry on Justice and protect the Land which varies according to the greatness of their trust and various Emergencies of publick affaires which is the rule by which the Magistrates Wages is to be proportioned 2. Negatively What-ever Tribute is indeed hurtful to the People is not due to the Magistrate because it is contrary to the End for which Magistracy was ordained he was made for their good therefore they are not bound to maintain him to their hurt If a Magistrate will have a Tax to maintain a standing Army which shall keep the People in slavery they are not bound to pay it because it is for their hurt If a Tax should be levied for building Pauls or any other Superstitious business which is burdensome to the People they are not bound to pay it
bush So Joshua Num. 27.16 to 19. God himself by his own Voice appointed Joshua to his Office This Call is easily known by some signs or tokens whereby the Lord makes known his mind to the People as Moses to satisfie the people that he was called of God gave them signs by God's appointment Exod. 4.1 to 9. So Joshua had some of Moses's honour put upon him that all the Congregation of Israel might be obedient unto him Numb 27.20 that is as I conceive an extrrordinary portion of Moses's Spirit was given to him to qualifie him for that great Trust which he was to undertake Numb 11.17 to 26. We read the Lord took of the Spirit that was upon Moses and gave it to the Seventy which were to assist him in the Government No doubt the same but in a greater measure was bestowed upon Joshua as one who was not only to assist but succeed Moses in the place of chief Magistrate that the people seeing the excellency of his Spirit might be content to hearken to him which is evident by Deut. 34.9 Joshua the son of Nun was fall of the Spirit of Wisdom for Moses had laid his hands on him and the Children of Israel hearkened unto him A Call very near to this though not in the strickest sence Immediate was that of Gideon Judg. 6.14 who was called by an Angel sent from Heaven and perhaps many other of the Judges were called in the same manner but whoever hath this Call hath something or other either in the manner of his Call or in the excellency of his Spirit or both which is sufficient to convince the People that he is one appointed by God to be their Governour and that it is their duty to hearken to and obey him as the People did Joshua 2. There is a mediate Call when God calls a man to the Government by and with the consent and concurrence of the people And thus the Kings of Israel were called by the consent of the people who constituted them and it was the Peoples right by the Law of God to set the King over them Deut. 17.14 15. 't was the Peoples act that constituted the King Therefore we read all the People went to Gilgal to make Saul King 1 Sam. 11.15 The people made David King of Judah 2 Sam. 2.4 and afterwards all the Tribes of Israel came to Hebron to make him King of Israel 1 Chron. 12.38 Solomom was made King by all the Congregation 1 Chron. 29.20 All the People came to Shechem to make Rehoboam King 2 Chron. 10.1 and when he refused to ease them of their burdens and oppressions rejected him and made Jeroboam King 1 Kings 12.20 All the people of Judah took Uzziah and made him King 2 Chron. 26.1 The people of the Land made Josiah King 2 Chron. 33.25 The people of the Land took Jehoahaz and made him King 2 Chron. 36.1 The people made Abimeleck King Judg. 9.6 By all which it plainly appears that the right of making Kings was in the People The same we find concerning all other Magistrates and Officers that the people were to make them by the Law of God Deut. 16.18 Judges and Officers shalt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy Tribes and they shall judge the people with just judgement And indeed it is a piece of greatest folly and imprudence for the people to part with their right of making Magistrates either Supream or Subordinate to commit the making of Judges and other Officers to the King is by interpretation a neglect of our own duty which the Law of God requires an undervaluing of our birth-right and a resignation of our Laws Lives Liberties and Estates to his will which King James knew well enough to be an eminent expedient of King-craft when he used to say Let me make what Judges and Bishops I will and I will have nothing to be Law or Gospel but what I please No wonder that the people of this Nation are so grievously oppressed by Judges and Lawyers that the Law is so wrested Justice perverted and Violence committed when they neglect their duty of making Judges Sheriffs Justices of the Peace and other Officers and commit it to the King who will be sure to chuse such as shall advance his Prerogative and debase the Peoples Liberty as much as lies in them and dare do no other for fear of his displeasure how easie a thing is it to take away any mans Life Liberty or Estate which the King hath a desire to take away and that under a pretence of Law when the Judge Sheriff Justices and Jury are all his Creatures and Vassals and the Judge must say that is Law which the King would have so or else be turned out of his place which usually he hath bought at the price of some Thousands of pounds The Sheriff must pick a Jury that he knowes before-hand will give what verdict the Judge bids them or else be judged an enemy to the King And the Justices upon the Bench dare as well go upon hot coals as oppose the Kings Pleasure And never will it be otherwise unless the people grow so wise as to challenge their right by the Law of God to make Judges and Officers themselves who may execute just Judgement If a People will be so base as like Esau to contemn their birth-right and neglect their duty cowardly or carelesly to resign their Priviledges into the hands of a King 't is no wonder if they smart for it as England at this day if the people were so wise as to make Judges all other Officers themselves according to the Law of God they could not be so abused as they are Object But doth not the Law say that the people were to make him King whom the Lord should chuse Deut. 17.15 It should seem by this that the people have not liberty to make such as they please but are to accept of such as God hath appointed for the Government Answ This argued that God did intend often out of his especial favour to Israel to make the choice himself of the person that should reign over them but this did not at all infringe the peoples rights or liberties for the Lord to shew how tender he was of the peoples liberty at the same time when he chose for them appointed them to constitute him God chose him but they made him King I shall not deny but if God be pleased at any time in an extraordinary manner to choose a Governour for us and send a Prophet to make known his mind to us as he did Samuel to appoint Saul and after him David Ahijah to appoint Jeroboam Elisha to appoint Jehu it is our duty to make him King But God doth not do so with other Nations as he did with Israel He hath not sent any Prophet to tell us whom he appoints but hath left all Nations to their undubitable birth-right to constitute such
Governours over them as in the best of their understanding are rightly qualified for it Object But doth not Conquest or Hereditary Succession manifest the will of God to us and oblige us to constitute a person now that extraordinary way of revealing the mind of God by Prophets ceases Sol. As for Conquest the pretence of a right to the Government over others from it is so grosly irrational and injurious to mankind that it scarcely deserves an Answer a Title not allowed by the tamer sort of bruit beasts a title fit to be owned among none but beasts of prey For what is Conquest simply considered but Violence and the continuation thereof but a continued Oppression I know the Advocates of Tyranny urge that of Nebuchadezzar's Title to govern Judah and all the Nations round about by Conquest and of the Lords Peoples right to the Land of Canaan and the neighbour Nations by the same but it is a grosse mistake For the right Nebuchadnezzar had to the Land of Judah was not by Conquest but Donation from God and the Lord sent the Prophet Jeremiah to tell the People of Israel and all the Nations round about That he had given all those Kingdoms to Nebuchadnezzar and his Sons for the space of seventy years and threatens to punish that Nation that would not serve him with the Sword Famine and Pestilence Jer. 27.1 to 9. So likewise 't was the Lord's Donation that gave Israel a Title to those Nations and we know well That the Earth is the Lords and the fulness thereof and he may give it to whom he pleaseth If any one can prove infallibly that God hath made him a grant of the Kingdom of England to him and his Heirs for seventy years or more I think it our duty to acquiesce in the soveraign will and good pleasure of God and not to oppose it but if this cannot be proved it is in vain to plead Conquest Force and Right are as opposite to one another as Light and Darkness A Pirate that hath conquered a Ship may plead as much right to govern it as a Conqueror to govern a Common-wealth And as for Succession by Birth though it be an Argument of a paler Complexion than Conquest which is a Title died in Blood yet hath it as little strength as the other My meaning is that Royal Primogeniture alone without the Peoples Consent is no rightful Title to the Government Or that the eldest Son or Heir of a King lawfully begotten to say nothing of Bastards hath no right to the Government by Birth unless the People consent to Choose him thereunto Which I prove thus 1. Because it is directly contrary to the Law of Nature in many respects First It makes the whole inferiour to a part yea to one member which is most absurd for if a man may Govern over a Common-wealth without their consent then are they inferiour to him the Will of one man must be preferred above the Will of the whole perhaps many millions Secondly This pretence of a right to the Government by Birth ravisheth Nature it self offers violence to her For whereas she justly claims a power constitutive of Magistrates and hath derived it to the People as her Trustees this Argument would deprive both them and her thereof That Nature hath committed the constitution of Governours to the People is clear because she hath not determined the Heirs of Kings any more than others yea Nature is often more liberal in bestowing her Magistratical endowments on many thousands sometimes on the greatest number of men than on the Royal Progeny as they are called and gives more Wisdom Courage Kindness Temperance Faithfulness and Justice to common People than to the Eldest Son of a King How many thousands in a Nation might be found whose natural temperament is more enclinable to Virtue then we often see a Kings to be Now all wise men know 't is Virtue that enobles the Spirit and makes it capable of highest undertakings How often may we see Kings fierce in their Countenance cruel in their Natures implacable ungrateful effeminate false luxurious and universally vitious and these things even radicated in their Complexions when there are many thousand persons of a common yet more truly noble extract amiable in their Countenance affable in their Carriage faithful in their Promise temperate in their Manners and generally enclined to Virtue Now surely if Nature hath designed any one to Superiority it is the most virtuous Therefore I conclude That Nature is no Friend to this Hereditary Title It is just matter of laughter and disdain to read those ignorant and impudent pretences which some men make to the Government from Nature when the streets abound daily with multitudes that by Natures Law have a better Title to it than themselves Thirdly This pretence formalizeth all the Commonwealth Vassals It pronounceth the People home-born Slaves Which what ingenuous spirit can bear For if all the People must against their Wills be subject to one man and honour maintain and obey him what more perfect character of Vassalage than this Those wretches that knowingly plead for this Title deserve to be stigmatized in the foreheads as common enemies to mankind Fourthly Nay this pretence of a right to the Government by Birth without the consent of the People divests the People of all Power of Self-preservation for the Office of the Magistrate as I shall shew more hereafter is to protect and defend the People and the common security of the People lyes in having good Governours Now if the Eldest Son of a King be a person vitiously enclined one given to malice revenge luxury intemperance avarice falsity or the like Vices and yet the People bound to accept of him for their Governour because of his Birth they must be bound to renounce their own safety and embrace destruction which the Law of Nature forbids and common Reason will abhor Thus you see how this pretended Birth-right to the Government doth violate the Law of Nature and tend to cheat the People of their real Birth-rights Liberty and Security Let us enquire a little into Scripture and we shall find that it is as contrary to Scripture as Nature 2. The Scripture gives not the least countenance unto this pretended Title of Birth-right to the Government and no wonder for it never was the intent of God to repeal the Law of Nature by Scripture but to explain and confirm the same But that I may argue distinctly consider these particulars First The Law of God concerning the making of a King hath not a word of this The Law doth not enjoyn the People to make the Eldest Son of a King Governour in his Fathers stead or speaks of an Hereditary Title to the Crown but plainly intimates the contrary Deut. 17.15 to the end For first the Law requires qualifications in him that the People were to set over them He must be one thus and thus qualified which I shall open more fully in the next
Chapter Now if the King must be one so and so qualified it plainly intimates that there was no such Title to the Government as Birth-right For if the Eldest Son of a King were not so qualified the People could not set him over them without disobeying the Law of God Again The Law layes conditions of Government upon the King upon the observation whereof He and his Children are to prolong their dayes in the Kingdom He must not multiply Horses to himself nor Wives nor greatly multiply Silver and Gold He must read in the Law of God all the dayes of his life that he may learn to fear God and keep all his Statutes and he must not lift up his heart above his Brethren nor turn aside from Gods Commandement to the right hand or the left and if he and his children did thus they were to continue in the Kingdom But now suppose a King and his Children will multiply Horses Silver and Gold to themselves and lay unreasonable Taxes on the People to maintain their pride and luxury live in the presumptuous violation of the Law of God and lift up their hearts above their Brethren lord and domineer over them and break all the conditions of Government Were the People bound to accept of the Eldest Son of the King to succeed his Father in the Throne No such thing They breaking the Conditions of Government forfeit their Right and the People might lawfully set another over them as they did when Rehoboam presumptuously rejected the Law of God and would not ease them of their Burdens 1 Kings 12.16 choosing Jeroboam in his stead 2. The special grant that God made of the Kingdom to David and his Seed doth not in the least favour this Hereditary Title For 1. The Promise was not that the Kingdom should descend to his Posterity in an Hereditary manner that the Eldest Son should succeed the Father in the Throne if any of Davids Sons were made King by the People it was as much as God had promised David or the People were bound to For neither did the Law of God nor the grant made to David oblige the People to the Eldest Son and therefore we read that Solomon succeeded David in the Throne a younger Brother to Adonijah but a wiser man and no question upon that account preferred before him and promoted to the Kingdom 2. That Deed of Gift made to David and his Seed was not absolute but conditional upon condition that they kept the Law of God and executed his judgements they were to continue in the Throne 1 King 6.12 1 King 8.25 1 King 2.3 4. But when Solomon and Rehoboam his Son had violated the Conditions of Government the People cast off Rehoboams yoke from their shoulders and good reason for they were bound to him and his Seed only upon condition they observed the Law of God and therefore by his rebellion against God and resolution to tyrannize over them they had a just discharge from subjection to him and his Heirs And a Nation can oblige themselves to any man and his posterity no otherwise than conditionally upon condition they observe the Law of God and execute his Judgments for to make an absolute Engagement to a Prince to receive his eldest Son and accordingly his Posterity for their Governours what kind of persons soever they may prove were contrary to the Law of Nature a giving away their own and posterities Birthrights and to the Law of God which requires qualifications in Governours which will be more fully cleared in the next Chapter Object But we reade that Jehoshaphat when he died gave the Kindom to Jehoram because he was the first-born 2 Chron. 21.3 and the People made Ahaziah the youngest son of Jehoram King in his fathers stead for the Band of men had slain all the eldest 2 Chron. 22.1 Doth not this prove that the first-born or eldest son of a King hath a right to the Crown after his fathers decease Sol. Not at at all For whereas it is said Jehoshaphat gave him the Kingdom that implies that it was in his power to have chosen whether he would have given it him or no and that Jehoram had not the Kingdom by inheritance or of right but by his fathers gift and the meaning is this Jehoshaphat with the Peoples consent bestowed the Kingdom upon Jehoram his eldest son for otherwise Jehoshaphat had no power either by the Law of God or Nature to give the Kingdom of Israel but Jehoshaphat being such a holy man and good Governour had won the Peoples affections so much that they were contented to grant his desire that his eldest son should succeed him For if Jehoshaphat should have given away the Kingdom without the Peoples consent it had been wickedly and injustly done and therefore I dare not entertain such a thought of good Jehoshaphat The other Instance is as void of proof For if it should be granted that if the eldest Son had been living or any of the elder Brethren the People would have made the eldest King yet it doth not follow they were bound to do so or that it was the birthright of the eldest Son to succeed his Father It is possible that the People might in an ordinary way set up the eldest Son in his Father's room because usually the eldest might be supposed to be the fittest for it as having most knowledge and experience and the Father commonly hath the greatest love for his eldest Son and would improve his interest in the Judges Rulers and Officers as well as the People for his eldest Son's succession and for other reasons but it will not follow hence that it was the Birthright of the eldest Son And yet I do not remember that the Scripture doth mention above one example of the eldest Son 's succeeding the Father among all the Seed of David that sate upon the Throne and that was Jehoram above mentioned and he had the Kingdom by gift not in his own right And we find Solomon a younger Brother succeeding his Father and Abijah who succeeded Rehoboam seems to be a younger Brother for the Scripture mentions elder sons that Rehoboam had by another wife 2 Chron. 11.19 20. but Rehoboam loved Maacah Abijah's mother more than all his wives and therefore improved his interest to make him King You see then notwithstanding these Objections that the People have an undoubted right of making their Governours according to the Law of God and that there is no just or rightful title to the Government of Nations without the consent of the People CHAP. IV. Treating of the Qualifications of Magistrates evincing by the Light of Reason Law of God End of Government and other Arguments that the People are bound to chuse such as are endued with the Spirit of Government wise and faithful men fearing God and hating Covetousness to be Governours over them I Have shewn you in the last Chapter that by the Law of God and Nature the People have an
to own the People for his Brethren 1 King 12.24 You call your selves Christian Kings and Defenders of the Faith but like the Princes of the Gentiles you exercise Lordship over the People and against their Liberties Yea herein you are worse than Gentile Princes for they lorded it over Men but you lord it over Saints the true Nobles of the King of Heaven Acts 17.11 Isa 43.4 You say you are the Chief know then you are the Peoples Servants Matth. 20.27 How dare you force the free-born People of this Land to swear that you are their Lords when the Word of God sayes expresly you are their Servants How much better would it become you to be humble and respective to the People and acknowledge them for your good and favourable Lords as that great Emperour did than to be so haughty as you are as if the People were your slaves when in the mean while you live upon the Wages they give you and are Stipendiaries unto them A Servant honoureth his Master you are the Peoples Servants and ought to honour them You are not ignorant I suppose of that custom of the Roman Emperours to reverence and adore the People How little do you mind your duty to the People what is the service you do them for the wages you receive unless it be to make them slaves to your lusts Let humble David be your pattern who said unto the People That which seems best unto you will I do 2. A Word to subordinate Magistrates and Officers Are Kings themselves the Peoples Servants and must you be Lords What insolent and absurd behaviour have I seen at the Courts of Publick Judicature from Judges Justices yea inferiour Clerks themselves what malepert and saucy language will they give to men whose cloaks they are scarce worthy to carry Sirrah Knave and the like to those whose servants they are and whom they ought to honour But alas what is this to deeds what are you for the greatest part but very Caterpillars and devourers of the Land Is this your service to the People to eat them up as one would eat bread and make a prey of your Masters And you Constables and other Officers who hale men up and down to Prisons for conscience sake because they do what God commands them that beat wound yea kill men who are peaceably assembled to seek the Lord and build up one anothers souls Is this your faithful service to God and the People you were appointed by the Lord to serve the People for their good is this the good you do them But you will say We are commanded by the King and we must do it I answer Whether better to obey God or man judge ye The King commands you and what is his Command to stand against God's God hath said That which is altogether Just shalt thou do Deut. 16.20 And will you do that which is unjust because the King commands you it shews you fear him more than God The King is the People Servants as well as you and will you abuse your Brethren because their Servant bids you Pharaoh commanded the Midwives to kill the male Children Exod. 1.16 but the Midwives feared God and did not as the King of Egypt commanded them ver 17. If you had the fear of God that would teach you not to hale men to Prison where they are kept till they are stisled to death because a wicked King commands you Saul bid his Foot-men kill the Priests but the Foot-men would not put forth their hand to fall upon them 1 Sam. 22.17 You that are Constables and other Officers are you not ashamed to be more base and slavish than Saul's Foot-men Well know assuredly that the righteous Judge will call you to an account for the injury you have done in this kind and perhaps the People too before you are either willing or aware 3. A Word to the People Are Magistrates your servants then learn to be wise and know your Priviledges for time to come and be not frighted out of your Right and Reason at once by those Traitors and Rebels who would make you believe that it is Treason and Rebellion to call them to account for the Treason and Rebellion they are guilty of The People of Israel were wiser than to be frighted out of their Birth-rights by Rehoboams great words And Oh that my Countrymen would understand their Liberty and Duty in this case and not idolize those who are indeed their Servants Be not so foolish as to court your Servants while they make you slaves and put a yoke of iron on your neck For Magistrates who are made and maintained by us to protect us to oppress enslave and murder us is the highest Treason and Rebellion against God and us as all wise men know For our Servants who are sworn to defend us and seek our good thus wickedly to tyrannize over us is most superlative Treason and transcendent Rebellion Oh what a slavish spirit is there upon England at this day that we should suffer our enemies to domineer over us and give them such excessive wages for keeping us in slavery No wonder if this Land become a Chaos when things are turned up-side down Servants become our Masters This is the cause why Tyranny hath so much prevailed both in Church and State the People are not careful to preserve that Power God and Nature hath given them but suffer Magistrates and Ministers which by the Word of God are their Servants to encroach upon their Rights till at last they come to be their Lords This midwiv'd Lord Bishops into the world The Churches grew negligent and suffered the Ministers to take their Power from them and when once they had let it go they could not recover it again And is it not the very same in Politick affairs when People are so void of reason as to give their own Power into the Magistrate's hands or let him encroach upon their Liberties can they expect any other but that he will be their Lord and they shall be his Vassals But that I may close up this Particular understand Parliaments are the Peoples servants we send them up as our Trustees to make Laws for our good if they make Laws for our hurt to oppress and injure us they are faithless and treacherous servants and ought to be dealt with accordingly The King Judges Justices Mayors Constables and all other Magistrates or Officers are our servants to protect us and secure us from Violence and Oppression if they break their Trust and oppress us the Law of God and Nature allows us to call our servants to account punish them according to their deserts and turn them out of our service CHAP. VI. Treating of some general Duties which Magistrates are obliged to 1. To Answer the End of Government 2. Keep and fill up their Relation 3. Observe the Law of God themselves 4. Exercise Justice 5. and protect the Land THe Duty of Magistrates falls next under consideration and
because this Theam is so large that I cannot have room in this Discourse for all the particular Duties of Magistrates either Supream or Subordinate I shall only mention some general Duties under which many particular are comprehended 1. Then Magistrates ought to make it their great design both in their undertaking and exercising their Authority to answer the ends of Goverment and to prosecute those ends in the whole series of their transactions They should consider the greatness of the work they take in hand the strictness of the account they must one day give and examine well their own hearts whether they mean in undertaking what God did in instituting Goverment whether Gods ends be their ends whether they take the charge upon them for the glory of God and good of the People or for base ends of worldly honour and greatness Alas how few Magistrates are there whose hearts will not condemn them in this if they should but dare to put the question to them Where is the Governor to be found who doth not make his private interest his cheifest end that doth not take more care to honour himself and his posterity than God that doth not seek the Peoples goods more then their good as if the People had been made for them not they for the People This is the mark that Magistrates should level at in all their consultations How may I advance the Honour of God and promote the Peoples good like Titus Vespasian of whom it is recorded that he counted that day lost in which he had done no good 2. Magistrates must eye their relation and behave themselves in all respects conformable thereto 1. They must fill up their Relation You are Servants of God he hath entrusted you with Talents look you imploy them to your Masters use You are Servants to the People they have given you power to employ it in their Service they also pay you your wages Then serve the People not your selves O how many Rulers are th●re that instead of serving God and the People with their Power serve the Devil and their Lusts instead of serving the People serve themselves of the People You are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 your service should be like those that travel in the dust that labour and take pains You are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Publique Servants or Workmen you are not to consume your time and treasures in idleness but painfulness You give the Lion the Unicorn and Beasts of prey for your Arms as if your Office did allow you to prey upon the People as you do it were far more sutable to your relation to give the Labouring Ox thereby to signifie that you know your place and mean to discharge the trust reposed in you by taking pains for the People You are called Repairers of Breaches which will not be done without diligence Magistrates are by their Office Nursing Fathers then learn of Moses to carry the People in your bosome as a nursing father doth the sucking child Numb 11.12 and shew your readiness to serve all particular persons as often as you can that they may have occasion to say you are the servants of God to them for good Rom. 13.4 Remember that which is reported of Titus Vespasian who is said never to have sent away any person sad from his presence 2. Be sure you keep within the circumference of your relation you are Publique Servants take heed you do not forget your selves and your relation and please your selves with dreams of Lordly Power over the People whose servants you are Be provident of the Peoples Treasures be humble in the Peoples presence be curteous and affable in your carriage amiable in your countenance labour to win the Peoples love by kindness and respect Like Trajan the Emperour who behaved himself so to the People as he would have an Emperour to have done to him if he had been a private person Remember the miserable ends of Lascivious Sardanapalus Luxurious Vitellius Prodigal Heliogabalus Bloody Nero and others who kept not within the bounds of their relation If you transgress the limits of your station and spend your time in wantonness luxury prodigality and tyranny the People one time or other will remember their relation though you forget yours It hath been observed by Historians of the Inhabitants of this Isle that though they endure long they will not endure alwayes They will bear much before they call their servants to account but at last they use to make all even Remember that proverb of a wise King Oppression makes a wise man mad The Wrath of a King is like the roaring of a Lion we grant it But the Wrath of the People is like the Raging of the Sea which will overwhelm a thousand Lions in an instant You seem at present to imitate Canutus once King of this Island who sitting in his Royal Chair by the Sea side challenged a Lordly Power over the Ocean and forbid the waves to touch his Robes threatning them if they did presume to disobey his commands but the sturdy waves not valuing his Lordly threats approached his person wet him to the thighs and skirts forced him to remove his Chair and retreat and made him know the Ocean was above him Beware of dallying too long with the British Seas and lording it over the multitude of Waters if once a Spring-tide arise and Tame and Humber overflow they will acknowledge little homage to your Lordships and perhaps shew less They will make you to remove your Chairs as Canutus did and perhaps renounce your Titles also They will wet your thighs and cool your lusts and wash your filthy bloody skirts those Rivers know no Lords 3. A third duty of Magistrates is To observe the Law of God themselves that so they may by their example induce the People to the same Hearken not to those wicked Earwigs those open Enemies to God the world and most of all to your selves who tell you that you are above the Law They serve their own bellies and know no other God They are the greatest Plague and Judgment of the Land such Lepers should not be endured in the English Camp Such filthy Lawyers and Prelates are the Foxes and Wolves who annoy this Commonwealth it never will be well with us till they are taken Varlets that have respect of persons and will transgress for a piece of bread Prov. 28.21 What seared consciences and whorish foreheads have those men that dare to say that the King is above the Law when as the Lord hath given a strict and particular charge to the King to have a copy of it by him and reade therein all the dayes of his life that he may learn to fear God and keep all his Statutes Deut. 17.18 19. If you think you have such immunity above other men put your finger in the flames and try what priviledge you shall have more than others O know that if you break the Law of God the same place is
the Magistrates whom they made for their good and maintain as their Servants judges what Power and Wages is fit for their Servants to have Que. But how shall we distinguish between such Tribute as is due and such as is not due for we had need be certain that it is not due if we refuse to pay it Answ 1. When Magistrates require Tribute for unlawful uses For instance if they will have Taxes to maintain their Pride Covetousness Lasciviousness Luxury Prodigality we are not bound to pay what they demand I deny not but in prudence we may give it them in case we cannot avoid it without our own undoing as a man would rather give his Purse to a Thief than be killed But in Conscience we are free to refuse if we can with our own safety When it is evident to the World that Magistrates use our money not for our good but hurt serve their own Lusts with our wages we are not bound to maintain them O how many Hundred Thousands nay Millions of money have these men squeezed out of poor England within this three years which hath been all spent upon their Luxury and our Slavery What immesurable Pride and Wastfulness are they guilty of who is able to fathom the Covetousness of the Clergy and Lawyers the insatiable Rapacity of the Courtiers who like the Grave never say 't is enough A Generation whose teeth are as swords and their jaw teeth are knives to devour the poor from off the Earth and the needy from among men Prov. 30.14 A Whirl-pool that sucks in what ever comes near it and so great that if God permit them to continue a few years more they will suck in the whole Land A bottomless Pit as deep as Hell it self And think you that it is your duty to maintain Play-houses and Whore-houses for the Courtiers with that which should buy your Children bread or feed the hungry bellies and cloath the naked backs of the Poor 2. When the Great Ones lay the burden on the Mean the Rich cast the burden on the Poor the Poor are not bound to bear the burden for the Rich. If a Parliament consisting of Lords Knights and Gentlemen who have the greatest part of the Revenues of the Land will cast the burden of the Taxes upon the poor Handy-crafts-men and Labourers who get their Living by the sweat of their brows it is unjust and not at all obligatory 3. When the Tribute is more than the People are able to pay without impoverishing the Land and impairing the Common-wealth when not a few covetous or envious persons but the generality of the Nation groan under their burden and complain 't is more than they are able to bear and the Governours lay on more load still in this case the Governours are Oppressors and the People may remedy themselves if they can Object But the People have entrusted the Parliament with this affair and therefore what Tribute their Trustees have ordained they are bound to pay Sol. I say as before in the case of Power we give the Parliament Authority to raise such Tribute as is sufficient for our security and the Service the King is to do us but we give them no Power to impoverish or oppress us to give away our Wives and Childrens bread to maintain a company of Proud Lazy Drunken Debauched Courtiers filthy idle Drones who will not work and therefore by the Law of God should not eat 2 Thes 3.10 That the People should give away their Estates from their Wives and Children and the Poors due also to make Provision for the Lusts of their cruel Taskmasters who spoil them of all their Liberties both as Men and Christians is more than a hundred Parliaments have Power to decree and we are unwise to endure CHAP. IX Treating of the Honour which is due to the Magistrate IN the handling of this Particular I shall observe the same Method I did in the former and shew you First What honour is due to the Magistrate Secondly What is not 1. Then we owe to such Magistrates as are a Terroun to evil Works and a Praise to them that do Well the Honour of such just and lawful Titles as the People bestow on them as King Judge Sheriff Mayor or the like which is so clear both in the Old and New Testament that it needs no proof 2. We owe to them the acknowledgement of the good service they do us and thankful acceptation thereof although it be no more then their duty Thus we read the People did use to acknowledge the good they had received by Moses Joshua Gideon David and other good Magistrates and mourned for them at their Death and good reason for the happiness of a Land is bound up in the Government thereof Such Princes as Govern well deserve Titles of Honour The Romans were wont to give the Titles of Pater Patriae to their good Emperours as they did to Augustus Antoninus Pius and others And Augustus who refused to be called the Peoples Lord as I mentioned before yet did with the highest satisfaction and thankfulness embrace that Title of the Father of his Country The Title of Lord of the Country is far inferiour in the Judgement of all wise men to that of Father of the Country Yea good Magistrates deserve to be honourably mentioned after death and had in blessed Memory by Posterity as Edward the Sixth that young Josiah is and will be to the Worlds end 3. We owe them Honour in our gestures and behaviour as we read the Lords People were wont to do bowing the Head and the Body in token of that honour which was due to them Thus did Nathan to David 1 King 1.23 Thus did Mephibosheth 2 Sam. 9.8 Araunah 1 Chron. 21.21 And I judge it very lawful and requisite to shew bodily respect to good Magistrates although I cannot think it lawful for a Magistrate to punish any of the People who are not satisfied of the lawfulness thereof and upon that account do refuse such ceremonies as putting off the hat or the like But in the next place What honour is not due to the Magistrate 1. False or flattering Titles are not his due though he be the best man upon Earth Job 32.21 Let me not I pray you accept any mans person neither let me give flattering Titles unto man for I know not to give flattering Titles in so doing my maker would soon take me away To call a man Defender of the Faith who is a Persecutor of it To call a profane Tyrant Gracious O what abominable flattery and falsity is this To call wicked perjured profane Dukes or bloody minded Popish Archbishops your Grace what is it less than Blasphemy It were fitter to call them your Vice then your Grace O you flattering Priests Courtiers Lawyers and others who thus accustome your mouthes to lyes that you draw them in like your breath consider what your portion will be from the Lord Rev. 21.8 you are all to be
cast into the Lake that burneth with fire and brimstone The getting of treasures by a lying tongue is a vanity tossed to and fro of them that seek death Prov. 21.6 What shall be given unto thee or what shall be done unto thee O thou false tongue sharp arrows of the Mighty with coals of Juniper Psal 120.3 and 4. If you do not speedily repent know that you shall cry out one day for a drop of Water to cool this lying flattering tongue But I know what your wicked hearts will answer Let us alone till then and we care not know therefore that not onely God but the People will abhor you the Lord hath denounced that curse against you Prov. 24.24 He that saith to the wicked thou art righteous him shall the People curse Nations shall abhor him 2. The just and lawful Titles of Good Magistrates are not due to wicked Magistrates but they forfeit their right thereto by their Tyranny and Oppression or other misgovernment And therefore we find the Prophets Christ and Apostles giving to wicked Magistrates Titles of ignominy and disgrace suitable to their merits Elijah tells wicked Ahab to his face Thou art he that troubleth Israel 1 King 18.18 Elisha calls King Jehoram The Son of a Murderer 2 Kings 6.32 Isaiah calls the Rulers of his time Rulers of Sodom Isa 1.10 Ezekiel calls the King of Israel Prophane wicked Prince Ezek. 21.25 Christ calls Herod Fox and bids them go and tell him so Luke 13.32 Paul calls the Roman Emperor A Lyon 2 Tim. 4.17 Yea the Apostles and many thousands of Christians together for so the company of Believers was Acts 2.41 with one accord in their Prayers mention Herod and Pontius Pilate by name spread their wickedness before God and desire the Lord To behold their Threats Acts 4.27 It was no wonder the holy Prophets were so persecuted by wicked Rulers since they were such faithful plain-dealing men that knew not how to give flattering Titles unto them but called them Rulers of Sodom Troublers of Israel Sons of Murderers and Prophane wicked Persons No wonder the Governours looked upon Christ and his Apostles with an Evil eye and punished them as Seditious men since they called them Foxes Lyons and gave them such reproachful Titles as they had deserved They hated plain-dealing and reproof as all Tyrants do and would be sure to suppress that spirit if they could which dared presume to reprehend their wickedness and yet these holy Men were not afraid to give them Titles of dishonour answerable to their merits Oh you wicked flatterers that daub with untempered morter and flatter great Men for advantage see here what the holy Prophets and Apostles did and take shame to your selves for your filthiness Wo to him that calleth good evil and evil good that putteth Darkness for Light and Light for Darkness Isa 5.20 Who justifie the wicked for reward and take away the Righteousness of the Righteous from him Your root shall be rottenness and your blossom dust The Lord is no respecter of Persons and hath forbid us to be so If Kings or great Men be wicked they deserve to be called as they are Nay take notice of this that when the Christians in their assembly lift up their voice with one accord to God and boldly prayed to the Lord To behold the Threats of Herod and Pontius Pilate whom they mentioned by Name relating their wickedness the Lord shewed how exceedingly he was pleased therewith in that as soon as the prayer was ended the place was shaken and they were all filled with the holy Spirit and great Grace was upon th●● all Perhaps if there were more boldness in the Assemblies of the Saints at this day in bearing a faithful Testimony for God against these wicked Rulers there would be a greater Presence of the Spirit of God among them and greater measures of Grace upon them And in like manner have the faithful Servants of the Lord in all Ages born their Testimony against the wickedness of their Rulers The Title which John Knox that famous Servant of Jesus Christ and eminent Instrument of the Scotish Reformation frequently gave to the Tyrannous Queen who ruled the Land was Bondslave of Satan and he constantly prayed in publick in words to this purpose That God would deliver her from the Power of Satan to whom she was now a bondslave John Hus that glorious Martyr of Jesus Christ was not afraid to affirm to the Emperors face That wicked Kings were not worthily Kings before God Acts and Mon. Vol. 1. Pag. 807. And pag. 813. he sayes That Subjects and common People ought openly and publickly to detect and reprove the Vices of their Rulers having Power given them of Christ and Example of Paul so to do The Bishop of Burgen in his Oration which he made in the Counsel of Basil layes down this assertion It is absurd for a King to be of more Authority than his Kingdom and he that ruleth not for the Good of his Subjects is not to be counted a King but a Tyrant Eleutherius in the Letter which he sent to Lucius King of this Island about 170. years after the Death of Christ affirms the same in these words A King hath his Name of Ruling not of having a Kingdom and so long shall you be a King indeed while you rule well which if you do not the Name of a King shall not remain with you but you shall lose it Acts and Mon. Vol. 1. Pag. 139. Which Eleutherius is in high esteem by Ecclesiastical Historians for the Eminency of his Wisdom and Piety both as indeed that very Epistle doth sufficiently evidence he deserves to be Thus you see several eminent Lights in the Church of God concur in the same Perswasion That wicked Magistrates have no right to the Titles of such Magistrates as rule well Nay the Antient Laws of this Nation give full testimony to this Truth For in the Chapter of the Laws of King Edward commonly called the Confessor by whom most of the good Laws we enjoy were made treating of the duty of the King the Law saith thus The King because he is the Vicegerent of the highest King is appointed for this purpose to reverence and rule the Kingdom the Lords People and holy Church and to defend them from injurious persons to pluck away evil-doers utterly to scatter and destroy them which if he doth not perform the Name of a King shall not agree to him but he looseth the title of a King Well then let no man be so foolish and perverse as to charge this assertion with novelty or singularity for you see what abundant Evidence there is both from Scripture and Reason That a wicked and unrighteous King forfeits his right to the Title of a King And though the perfidious Parliament or rather mock Parliament have lately betrayed their own Trust and our Liberties making it Treason for us to mention the cruel Tyranny and Oppression we groan under yet by
more for I will deliver my flock from their mouth that they may not be meat for them Ezek. 34.1 to 11. I shall insist no longer on the Magistrates Duty at present but come to his Due which is contained in those four Particulars mentioned in the Description of Magistracy Power Tribute Honour And Obedience with two Restrictions applicable to them all First The Proportion what is due Secondly The Reason Therefore I shall begin in the next Chapter with the Power of the Magistrate CHAP. VII Treating of the Power which the Magistrate is to be entrusted withall shewing that he is to have so much Power as is adequate to the end of Government relation of a publick Servant and duties of his place and that he hath no right to any Power contrary to that I Am now come to the Magistrates due or to treat of what is due to him from the People which is principally comprehended in four particulars I shall begin with the first Power By the word Power I mean not Authority but strength sufficient for the performance of that trust God and the People have reposed in him which by the Greeks is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and by the Latines Vis and differs from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Authority which is mentioned Rom. 13.1 Because Power is a means of carrying on or executing Authority And therefore that word translated Power had been better rendred Authority For the Power or Strength which the Magistrate hath put into his hand is mentioned afterward in the 4th Verse under the name of a Sword And the Magistrate is said to bear the Sword because it is delivered into his hand for the performance of his duty But to be more plain in this particular I shall shew you what Power is the Magistrates due and what not 1. Then Positively The Magistrate is to have so much Power or Strength as may conduce to the Glory of God and Good of the People as is adequate to the End of Government For otherwise the Office were a vain thing if it were not invested with Power sufficient to answer the End of its Institution 2. So much Power as is adequate to the relation he is in That is a publick and painful Servant Of God and To the People For to make a Servant and give him too little Power for the relation you set him in were to set up a man of straw or the Picture of a Magistrate 3. So much Power as may enable him to perform the duties of his place to execute Justice to Punish those that do Evil and Reward those that do Well Rom. 13.4 And to defend the Nation in general and every one in particular under his charge Thus all both Superiour and Subordinate Magistrates must have Power sufficient to perform the Duties of their several stations and the Trust which the People repose in them This I think none will deny but the question will principally be what Power the Magistrate ought not to have For the greatest inconveniences of Governmently in the excess of the Magistrates Power I shall therefore spend most time about that 1. Then Negatively The Magistrate is not to have any Power which is for the Peoples hurt he was made for their good and no reason he should have any power for their hurt power enough to make the People slaves when ever he pleaseth to persecute them for doing well to take away their Estates Liberties or Lives unjustly this Power is not his due because it is contrary to the End for which he was made The Peoples good Rom. 13.4 It is a madness in any People to suffer their Magistrates to take so much Power into their hands as doth enable them when they please to hurt and oppress the People it were not safe to trust the best man alive wi●h so much Power as to be able to injure us if he would for it is a common thing for Governours to play the Hypocrites begin to govern well till they have cunningly established themselves and got power enough into their hands to oppress the People and then begin to Tyrannize Thus did Nero himself his first five years he reigned well And Tyberius did the same but when they had established themselves in the Throne and were possessed of as much Power as they thought sufficient murdered the Senators oppressed the People and committed all manner of outrages 2. The Magistrate is not to have so much power as is unsutable to his Relation of the Peoples Servant to have so much Power as to make himself their Lord If a People will be so unwise as to give the Magistrate Lordly Power they may well be sure he will use it to their thraldom and do we not find it by woful experience this day what are we better than slaves when upon any pretence of the Court they fetch Men out of their Houses where they are peaceably following their Callings and though they have nothing to charge them withall yet send them away to Prisons where they keep them to the utter undoing of them and their Families how many hundreds have been thus dealt withal since these men have had this exorbitant Power in their hands Is not this the very highest slavery when Men dare not pray or preach or meet together to worship God but they are haled to Dungeons Oh England this could not have been if thou hadst been so wise as to have kept thy Power in thine own hands and given no more to thy Servants than is sufficient to perform thy service 3. Magistrates should not have Power to pervert Justice and destroy a Land their duty is to execute Justice and defend us and are they not bereft of Reason who would give them Power to destroy and undoe us For a People to give the Power of the Militia into the hands of the King is by interpretation a giving away of their Birthright and exposing their Lives Liberties and Estates to his will For if the King may command the Militia as he pleaseth what Tyranny is too hard for him I deny not but the King is to bear the Sword for execution of Justice and defending the People but to have the Militia wholly at his disposal is not that Sword due to him for that is to have power to make the People slaves when he pleaseth And do not we find the sad effects of this at present when the Walls of our Cities are thrown down in a time of Peace after an Act of Indemnity which are the strength and defence of our Land in case of a Forreign Invasion Object We see this now but it is too late the Parliament have given the Power of the Militia to the King and since all Authority is against us what can we do Answ The Parliament are our Servants as well as the King we chuse a King to govern us for our good to preserve our Lives Liberties and Estates we chuse a Parliament send them up to consult our Safety to
the antient Laws of England this man that rules at present is no rightful King of England but by oppressing the Nation and persecuting the Lords People hath lost the Title of a King and that the Name of a King doth not agree to him but Tyrant is the Name due to him Object But doth not Elihu say Job 34.18 Is it fit to say to a King thou art wicked and to Princes ye are ungodly Sol. That is to a King in Truth not in shew not one that is a Tyrant under the Name of a King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 properly signifies Consul a wise and discreet Governour who is a true King Tyrants are not here meant A King is one thing and a Tyrant another So the word translated Princes is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 liberal or ingenuous persons To call wise or ingenuous Governours wicked were a slander but doth it follow hence that we may not call irrationel covetous dis-ingenuous oppressing Rulers Wicked the scope of the place plainly intimates this to be the meaning of the words for the verse foregoing he sayes Wilt thou condemn him that is Most Just meaning God and then argues A minore ad majus from the lesser to the greater If it be unlawful to say to a wise or liberal Governour thou art wicked How much more unlawful is it to condemn God who is the Most Just Wise and Liberal And by the verse following it is evident that he doth not intend to assert the Priviledge of Princes or great men above others for he tells us that God accepts not the persons of Princes or Rich men more than the Poor and it is observable that when he speaks of such Princes whose Persons are not accepted by God he doth not use that expression which is translated Princes ver 18. and hath a virtuous signification but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a word which hath no virtuous signification but signifies barely Princes or great Men and he tells us That God regards no man for his greatness and if this place should be understood as the Royalists would have it to forbid us to speak disgracefully of wicked Rulers then the holy Prophets and Apostles are to be blamed for they did so as you have seen before but that is the true interpretation of the place which I have given the other is only a gloss which the Prelates give to support Tyrants under the shadow of whose wings they shelter themselves Object But is it not said who may say to a King what dost thou Eccles 8.4 Sol. This argues the danger of opposing a King not the unlawfulness In the word of a King is Power he hath so much Power at his command that no private person under his Government is able to oppose him without his own ruine But the meaning of the place is this The King for the execution of Justice and punishing Evil-doers hath so much power both from God and the People that none may oppose him in the execution of Justice and that this is the meaning of the wise Man appears by the verse foregoing Stand not before him in an evil thing sayes he and then gives this as a reason for he doth whatsoever he pleaseth and who may say to him what dost thou that is in punishing such as will stand before him in an evil thing But it is clear enough that the faithful Servants of God in Scripture have said more to wicked Kings than what dost thou Samuel said to Saul Thou hast done foolishly 1 Sam. 13.13 Elijah to Ahab Thou art he that troubleth Israel yea the People of God were bound to restrain and punish wicked Kings and frequently did so as I shall shew hereafter Object Doth not Paul confess his Error in speaking reproachfully of the High Priest though a wicked Ruler and thereby teach us That it is unlawful to speak reproachfully of wicked Rulers Acts 23.4 5. Sol. No such thing the words do rather prove the direct contrary for it is clear that Paul calls a wicked Ruler Whited-wall gives him a disgraceful Title 2. Paul knew him to be a Ruler when he called him so for sayes he Sittest thou to judge me after the Law and commandest me to be smitten contrary to the Law vers 3. he knew him to be Judge and yet calls him Whited-wall and without doubt he knew him to be the man they called High Priest by the High Priests Robes and the Place where he sate for Paul full-well understood the Customes of the Jews 3. Whereas it is alledged That Paul corrects himself or recants afterwards there is no ground for it I wist not sayes Paul that he was High Priest that is truly and really so as indeed he could not be because the High-Priesthood was abrogated by the Death of Christ who was the true High Priest And besides he was a Tyrant and caused him to be smitten contrary to the Law and therefore no lawful Ruler and the Apostle answers not only the Objection which they made against him for reviling the High Priest by saying he did not know him to be High Priest or own him for High Priest but prevents another Objection which they might more plausibly make from Exod. 22.28 Thou shalt not revile the gods or blaspheme the Ruler of thy People As if he should have said I know you will say I have broken that Law by speaking evil of a Ruler but you are mistaken the Law doth not forbid us to speak evil of Tyrants or Oppressors but of lawful Rulers who govern in Righteousness I do not own him for High Priest or a lawful Ruler though I know he sits as Judge that will thus wickedly pervert Justice If he had been a good and lawful Ruler I would not have spoken so reproachfully of him as to have called him Whited-wall but have honoured him but this man under the Title of High Priest and Judge is a real Tyrant● and therefore I have not broken that Law So that Pauls Answer to their Objection is a vindication of himself and the Conformity of his practice to the Law of God 4. And that place which Paul cites out of the Law Exod. 22.28 by the Title given to the Magistrate shews that it means only just and righteous Magistrates which rule according to God's Law Thou shalt not revile the gods Why are they called gods but because they represent the Wisdom Justice and Truth of God and are in his stead to execute Justice according to his Word This Christ gives for the reason why they were called gods John 10.35 Because the Word of God came to them that is his Word of Commission to execute the Word of his Judgements but if they do the quite contrary as this Wicked Ruler they represent the Devil and not God and as I hinted before are more fitly termed Devils than gods 5. This Text which Paul mentions doth not forbid any just and plain reprehension of wicked Rulers To speak the Truth to or of them