a publicke Magistrate and a King if guilty by the Supream power The Lacedemonian Magistrates were called Ephori ab {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} because for the safety of the Common-wealth their eyes and mindes were intent 〈…〉 people from Kings appealed to these for judgment whoâ—â—â—â—thority they reputed great In France the Patricii Regni 〈◊〉 chosen out of singular Provinces to whom the Kings at their Coronation were sworne as to the whole Kingdo◠〈◊〉 these were sworne to defend the Kingdome to oppose the 〈◊〉 proceedings of Kings and to depose them in case of Tyranny 'T is vaine to instance the law of Nature of 〈◊〉 presents us with a cloud of witnesses KINGS are indeed Supream in point of Honour but not in point of Power because the whole power of Governing iâ— not restrained to one person but diffused into singular parâ—â— in the hands of divers Officers because their power iâ— not â— naturall power no man is borne a King and yet 〈◊〉 the relation is naturall and in that respect stronger 〈◊〉 if it were civill the Magistrate is to afford reliefe in case of oppression justice to the child against the parent 'T is not an absolute power then as Aristotle tels us their lusts frâ—ntick and brutish humours should rule us then as 〈◊〉 said having got a taste of our goods they will being in our heâ—dâ— as a second course then at 〈◊〉 said they shall neither be tyed to their owne nor yet to the Lawes of their Kingdomâ— 'T is a power conferred Kings have no more then what is given them they cannot dispose of their Crownes Jewels and Crowne Lands King John forfeited his Dignity thereby Those that reign by conquest if conquered againe their Honour determins therewith Those that are elected whether Kings as in Polâ—â—lâ— or Dukes as in Venâ—tia the Supream and Generall Counsell of the State electing retaine the Authority to depose or 〈◊〉 in case of Tyranny Those who are Kings by succession they 〈◊〉 received that succession as a Royall grant of favour from their Subjects which grant in case of 〈◊〉 by Treason or disability to governe is forfeited as our Lawes know this granâ— was not absolute â—s a fool a mad man a 〈◊〉 a 〈◊〉 capable of rule Succession gives a Title to Dignity but doth not 〈◊〉 〈◊〉 Authority a Major of a City is not in power till sworne those who gave Princes the Title give them the State thereto appertaining Prerogative Crowne Lands royall Mannors and Mansion Houses Jewels Imposts Subsidies c. these they cannot dispose of to any other ends or uses but those for which they are given Yea they give them the power and authority thereto belonging the lawes the people give them In Germany the Emperour cannot enact a new Law without a Diet and what the Representative body of the Empire present as necessary to be established he is bound by oath to ratifie and so was it in England Parliaments are to Kings and kingdoms eyes aâ—Moses said to Hobab And is not that a Parliament which stands in the nearest relation to the people which is the liveliest representation of them Kings and Nobles are but accidentall parts found prejudiciall to the publick by sinfull confederations with the enemies thereof therefore abolished yet the power remaines the same it was though not in the same hands improved to those ends only for which ordained i. e. publick safety and by those persons intrusted with the affairs of the Publick a perfect and full number and freely acting without satisfying the Armies paticular interests further then the generall good is concerned therein which they serve out of love of conscience duty binding them thereto not out of feare not from the violence of a discontented Souldiery as malice doth suggest I shal desire every one that hath an English heart that is a sincere lover of God and of his Country to honour the persons the posterities of this happy Parliament Sanctorum Oraculum Mundi miraculum should you forget them God will remember your ingratitude The Children of Israel remembred not the Lord their God who had delivered them out of the hands of all their enemies on every side neither shewed they kindnesse to the house of Jerubbaal according to all the goodnesse which he had shewed to Israel And therefore what followed the Lord sent an evill spirit between Abimelech and the men of Shechem who deals treacherously with Abimelech whose wickednesse God rendered upon his owne head and the evill which the men of Shechem had done did the Lord 〈…〉 on their heads upon whom 〈◊〉 the curse of Jotham the â—oâ— of Jerubbaal What was that curse saith he to the 〈…〉 if ye have done truly and sincerely with my fathers house in making Abimelech King if you have done according to the deserving of his hands for my father fought for you and adventured his life far and delivered you out of the hand of Midiâ—â— if yee have then dealt sincerely rejoice in Abimelech and let him also reâ—oice in you but if not let fire come out from Abimelech and devour the men of Shechem and let fire câ—me from the men of Shechem and devour Abimelech This was his curse which accordingly came upon them so hainous a sinne is ingratitude in persons or States iâ— shall never goe unpunished Rest satisfied with those acts of theirs wherein the publike welfare is concerned which tends to certaine and to constant establishment Kings many times have been so great that they have been feared and for their Tyranny as much as hated by their Subjects thus the Senate it selfe of Rome feared Domitianâ—â— Maxiâ—â—inus and others Tiberius Claudius Dionysius Sergius Galbs Valerianus and divers more how were they hated by their People hence the Germane proverb arose Hell is paved with Kings Crownes and I relates skuls we know no prince so wicked but hath his parasites What said the Courtier to Cambyses who would have married his owne sister Persarum Regi â—â—et facere quod velit the like said Julia to Antonius Caraâ—alla who would have marryied his mother in law si libet liâ—et c. Nobles too ignobly and customarily conforme their practises to their Princes principles to humour them and to flatter them in their sinfull lusts These occasions of sinne will bee now taken away whereby glory may dwell in our Land And as I would perswade people to unity of Affection so would I humbly beseech the Parliament to sâ—eke by all means of favour and love in the first place to gaine the hearts of dissenting brethren pious and well affected to the Republicke There were Leges Amphyctionice laws tending to unity this wil be a worke of the greatest praise and blessing that ever was undertaken you shall be an eternall excellency a joy of many generations This learned Colledg of Physitians who have the Lord Jebâ—vah Lord President in your Assembly who is wonderful in counsel excellent in working we
darke corners of England pity and remember those whose soules cry aloud for bread who inhabit the shadow of death unto whom Jesus Christ is no more known then unto poor Indians who have no love unto no delight in knowledge nay who deride the means of grace who have been your enemies hitherto but such as have been Christs Papists and Atheists improve your power which God hath given you over them to gain their souls to the knowledge and love of the truth and wayes of Jesus Christ False Religion hath been carried on by fire and faggot by force and strength but pure Religion by the arm of God by the spirit of the Lords mouth speaking from heaven by contemptible instruments against the strongest opposition without the help of the Princes and Monarchs of this world nay against all their fiery opposition and fierce persecution by the travells of a few poor Fishermen Some may question the authority and dispute the Call of such but those who are truly judicious and humbly pious can distinguish between the subject and the adjunct such persons being throughly manifest unto God and to the consciences of good men It is the grand design of Satan it ever was ever will be if has cannot pluck these 〈…〉 to darken the light in heaven to prejudice that divine 〈…〉 that powerfull operation which the word should find â—o the hearts of the hearers by some pretended error in the person in the Call This plot as old as Nâ—aâ— was 〈◊〉 one thousand six hundred years agone and then carried on 〈…〉 on purpose to prejudice the work in the very time of Reformation They questioned the Call of John to his Ministery of the Lord J. Christ to his They despised the Person contemned the power of the Apostle Paul even those who were his children begotten by his Ministry to whom he had been throughly made manifest in all things such as had formerly received him as an Angell of God yea as Christ Jesus who would haâ—â— plucked oâ—t their eyes to have done him good yet these even these injured the Apostle stood in a kind of enmity and opposition unto him vilified his Ministry prefer'd a weak yeâ—â— corrupt Ministry beyond that which the Lord had 〈◊〉 blessed and sanctified to the converting and saving of theirs with the soules of many others Verily every man at his 〈◊〉 state is altogether vanity 2. Justice is the support of Religion Is not this to know mee saith the Lord to doe judgement and justice to judge the cause of the poore and needy The neglect of justice is punished with the greatest judgments from heaven procurâ—th certaine and sudden misery after the fairest hopes of mercy 〈…〉 sun-set even at noon day and is numbred amongst the mightâ— sins of a Nation which the Lord will not pardon when 〈◊〉 is a cry in the hearts in the families of the oppressed this cry is loud in the cares of God if the yoke of cares of griefs by the losse of the estates of the lives of oppressed ones â—f the heavy burthens pressing the minds oppressing the families of poor men be not broke off speedily this hastneth the desolation the devastation of great families and of Nations also aâ— honor no parts no power can secure the greatest from Divine justice or from humane hatred in case of such neglect If 〈◊〉 be tyrannicall the Souldier shall do that justice for an oppressed people which they could never obtain from Sycophantical Royallists if States abuse their power betray their trust the same God hath ordained the same nod for 〈…〉 which renders the persons the actions of 〈◊〉 〈◊〉 honourable in the hearts in the eyes of God of good 〈…〉 procures a Nation mercy and peace â— spâ—â—dy a 〈◊〉 establishment to the greatest prosperity thereof to all 〈◊〉 1. Justice Restrictive in restraining the exorbitant power of some in calling others to due account intrusted with the affairs of the publick The Romans not only oft changed their Magistrates but instigated the people to accuse such 〈◊〉 they found perfidious and self-seeking in their Offices whereby their Common wealth flourished Queen Elizabeth when her great Officers of State at any time complained that it was to her dishonour to hear and receive so many accusations against her great Counsellors of State as she did they tending to their discouragement because to their disparagement she replyed that she was Queen of the small aswell as of the great and therefore she would hear the meanest subject and if the charge were unjust she would censure the accusâ—r iâ— just â—he would not protect the greatest from justice Samuel when the people 〈◊〉 discontent with Aristocracy and doâ—ted upon Monarchy they would have a King and Judges no longer he instigated all men that could justly do it to accuse him of injustice 〈…〉 the Lord and before the King a singular example of 〈◊〉 and justice a president to all persons at all times in all placeâ— to act so righteously that they stand â—lâ—er before God in their consciences and against the censures of the wholeworld 2. Justice Vindictive in punishing the nocent and not permitting the guilty to goe free justice must be impartiall without respect to persons even the highest acts of viâ—diction justiceâ— It is said of Levi that he regarded neither father noâ— mother nor brethren nor children and the blessing of peace wâ—â— upon him What should I speak of the act of 〈◊〉 of Samuel upon Agag K. of 〈◊〉 of Jebâ—jadab upon 〈◊〉 Jebijadâ—â— it the declining State of Judah fals upon an act very irregular yet in that case truly justifiable he contriâ—â—â— the deposition of 〈◊〉 Infinuates to that and into the â—ffections of the Souldiers and to strengthen himself he ingageth them in this design 〈◊〉 proclaimes a new King in the Kings minority modells the 〈◊〉 swears the people to submission to those Laws enacted by â—â—â—self makes a decree that whosoever should break into the ranges should dy although it were the Queen and accordingly commanded her execution in the Royall City near to the Court the place of her sin ordained to be the place of her suffering before all the people yet this was not without blessing and successe from heaven saith the Text the neglect of 〈◊〉 upon Bâ—nhadad King of Assyria brought a sword upon Abaâ— the neglect thereof upon the house of Saul by the Princes of Iudaâ— procured three years famine upon Israel the want of impartiall justice imboidens the wicked in sin disheartens the godly in rightcousnesse As justice must be impartiall in respect of persons so of â—â—ses criminall or civill administred with due respect to the truth of the Cause to the justification of the righteous to the condemnation of the wicked a more gratefull service to God then sacrifice It is recorded by Solomon to be the character of a person very ignoble to respect persons in judgment for a 〈◊〉 of bread
yet they cannot assure themselves or others that they have not failed in one circumstantiall thereabouts wherefore it is against all justice and reason that humane laws subject to defects and errours should binde absolutely as divine commands do we see all Law-makers are 〈◊〉 in their acts to impose their Lawes with restrictions or amplifications to interpose interpretations and modifications their lawes being subject to ambiguities Hence humane laws should be administred with indulgence to those that 〈◊〉 in some especiall case or ambiguity of conscience and 〈◊〉 reason may allow a dispensasion as in case the end of the law be not violated in case such breach be without just offence to any and lastly in case it be without contempt of that authority prescribing and ordaining that laws in such cases the Magistrate may yea must indulge or he is Tyrannicall Suppose a Magistrate commands in time of Warre that no man upon paine of death open the Gates of a City to any person if after this strict order some eminent and well affected Citizen should desire admission and the Gate should be opened to let in such a person no danger being eminent and no perill like to invade the whole by the security of this part of the body here is a violation a breach of the latter and Grammaticall construction of the law but without the breach of conscience without the contempt of authority without just offence or dammage to any without breath of the equity the sense and the end of that law which was that the City and every part and member thereof be pâ—rserved in safety in which case such a person cannot in justice suffer Fundamentall lawes respect punishment only 〈◊〉 because so good so just a law is disobeyed and that end thereby intended is frustrated Obedience only is 〈◊〉 and ultimately respected therein because without it the foundations would suddenly be out of course wherefore those commands of the magistrate that tend to the necessary good to the absolute preservation of humane societies iâ— peace piâ—ty and justice those commands are primitively divine formally good finally lawfull and cannot be violated without sinne although the Magistrate should define no penalty impose no punishment upon such transgression the law in these cases respecting due obedience in full satisfaction to the justice thereof rather their submission to the censure subjection to the punishment inflicted in case of wilfull disobedience and obstinace violation Fourthly That the Grounds Rules and Foundations of Justice must be of things lawful possible to be observed within our power and tending to general good to order and peace to liberty and stability Hence those acts in some persons cases and times unlawfull and unjust the same in other cases and thries may truly be proved just è contra 〈◊〉 acts in some persons cases and times just may in others be unjust Shines who cursed and abused David his act was treasonable an act 〈…〉 â—â—serving death by the law of God and man yet upon his submission David not only promised him pardon but by 〈◊〉 and covenant solemnly engaged before God to passe by the fault to take off the punishment of this sinne which 〈◊〉 upon better consideration and more serious thoughts he and that without perjury broke giving an absolute charge and command to Solomon his sonne to put Shimei to death and hold him no longer guiltlesse which decree Solomon accordingly did execute returning all the wickednesse of Shimei against David upon his owne head Joab was a man of bloud a man deserving death yet 〈◊〉 was forced to indulge him so farre in his sinne as to continue him in his honour untill the Lord tendred an opportunity and gave him power to be avenged on him to the â—â—most Such Oaths Covenants Protestations and Declarations â—â—deliberately and rashly made such honour and indulgence 〈◊〉 iâ— conferred or continued to Delinquent persons deserving death condemned by the decree of God such oaths are 〈◊〉 justly broken then with justice and honour to God or 〈◊〉 and respect to a Republick they can be kept If a man should sweare to save the life of a murtherer such an oath not onely may but must be broken because the Lord hath positively determined that no satisfaction shall be taken for the life of a murtherer neither can the land be cleansed from bloud but by the bloud of him who shed it The inconsiderate 〈◊〉 of making and taking what cannot possibly and without sinne be performed must solemnly and seriously be repented of before the God of Heaven by States and by private persons Such circumstances may intervene which may render that oath unlawfull which at first was lawfull impossible to be kept which before was possible and in such cases the Lord doth disingage us and the binding power thereof doth cease Oaths are conditionall as was Abrahams servants the oath of the Spies to Rahab of Solomon to Adâ—nâ—jah and binde not unless that condition be performed If a State do binde themselves or others by an oath to defend the Person and power of a Prince maintaining Religion and Justice preserving their Lawes and Liberties this oath must be kept the Prince performing those conditions but in case he be a profest enemy to Religion an Adversary to Justice and by no wayes of love or favour can be gained to Patronage the Lawes and Liberties of his People but still he plots and conspires against the lives of those that are most loyall most faithfull such oaths are no longer binding It is absurd against all reason the light of nature the laws of Nations to imagine that any oath should binde a People to deliver their Sword into a Tyrants or Murtherers hands when they know it is desired only to murther them or to be avenged upon them Such oaths as cannot be kept with the Peace and stability of Nations all Casuists acknowledge leave no obligation upon the conscience because Reason and Rule is the bond of Justice The Covenant was only a civill bond wherein we engaged out of respect to the publick peace and safety of the Nation Is the Nation by any one act in hazard Nay â—s not this peace rather secured have not the Parliament wisely layed the Axe to the root of our distempers Plutarch reports of Lysâ—nder that he cared neither for promise or oath longer then they would serve the accomplishment of his owne ends Did not Cbarles the ninth of France the same and what History can Parallel the Acts of the late KING herein better one should perish then a Nation Maâ—asses bloud-guiltinesse reflected upon all Israel indulgence to any deserving death layes a foundation of future miserie and emboldens that delinquent in his impiety No politick law in a Kingdome must dispense with the Positive Law of God that Law enacted by himselfe for the preservation of humane societies from violence He that sheddeth bloud by man shall his bloud be shed by man not by a private person but
not be healed what may we feare but judgment advanced to the skies which the Lord prevent for the fall will be heavy on those who procured and who continued this wound Thirdly What Lawes or Liberties have incouraged the hearts of wicked ones or strengthened the hands of â—inners by too much lenity or indulgence those Lawes must be reformed and established with greater severity and with due authority ordaining such lawes such executioners superior or inferiour in every place as may be faithfull in the discharge of their duties in conscience in obedience unto God ultimately Many Lawes are without life whereby prophanenesse increase and the land mourneth under the pressure of the sinnes of the inhabitants thereof what Adulteries what Incâ—sts what Pride what Oppression yea what Pagan Ignorance what grosse Prophanenesse what secret Idolatry what contempt of divine Worship Sabbaths Ministers Saints â—ad symptomes of a declining State and prognosticks of irrevocable ruine without speedy prevention and remotion by a blessed and effectuall reformation This we have promised to God and the world we have prayed for but oh that we were tender and observant of our duty conscientious 〈◊〉 vigorous in our endeavours to suppresse all sin to advance all godlinesse in the highest degree in our selves and in all others lest the flying rowle of vengeance 〈◊〉 in upon the Nation There are mighty crying sinnes the sinâ— of Sâ—doâ— yea such as are not named among the Gentiles to be found in England for which the Lord hath smitten us although wee have not returned to him that smitâ—â—h us that his anâ—er is not turned away but his hand is stretched out still he aâ—â—licâ—â— us in our choicest comforts the very supports of life the field is wasted the land mourneth the fruit trees are withered the beasts groane the flocks of sheep are desolate that a faithfull Land is made barren for the wickednesse of those that dwell therein The Lord hath been is still hewing at the root of this Nation this Parliament his compassion hath râ—wled within him unwilling he hath been to make England as Ireland as Germany Oh that the sinnes of this preserved remnant create not a new controversie that our overthrow be not like the overthrow of Sodome who would have thought in so fair a morning a Storm should have risen but a Tempeâ—â— of fire and Brimstone who could have feared and yet it came in an instant suddainly No priviledge will exempt a sinfull Nation from the punishing hand of a divine justice no greatnesse can secure it against heaven no wisdom can establish it if sin be found in the skirts of it Not the presence noâ— prayers of the Saints not the Oracles nor the Ordinances of God no humiliation without reformation can divert that reproach which sinnes bring upon a Nation those judgments which they procure Every maâ— begin with himself with his Family leâ—t the Lord first visit there many a Princely and Noble Family in this State hath faln by the sword of the Lords indignation such who thought themselves too great to be good who were unwilling to be informed who hated to be reformed these have drunke the wine of the Lords fury and were moved and â—â—d they have spued and are falne never to rise up more These things happened unto them for examples unto 〈◊〉 if we â—â—ake off God God will shake off us the Lord hath a controversie with the Nations he will plead with all â—leâ—â— hee will give them that are wicked to the sword the Lord is now upon that worke which others are grieved at are unwilling unto that is reformation which will cost fire and sword two parts shall dye the third shall passe through the fire he is upon Reforming Parliament Army Nation the hand of the Lord shall bee upon the Cedars of Lebanon the Oakes of Bashan that himself alone may be exalted The Lord is dashing the son against the father brother against brother neighbour against neighbour hath mingled a perverse spirit in the midst of England and no wonder the greatest part of men professing Religion are without Religion are against Reformation Christians in name but worse then heathens in nature all crying pleading for reformation but few subjecting submitting unto the power and the authority thereof the potion that should heal us maketh us more sick the humors of this Nation are so farre from evacuation that they are now more inraged God would have healed Israel and the iniquity of Ephraim discovered it selfe a sad presage of judgment and ruine But if after all this we begin with personall reformation if those who are the reformers of others do especially reforme themselves Persons Families Parliament Laws then shall the light of this Nation break forth as the morning the darkness thereof shall be as noone day and the health thereof shall spring forth speedily When the Lord hideth his face who then can behold him but when he giveth quietnesse who then can make trouble Oh that England may be the glory of the earth the emulation of Jew and Gentile Fourthly and lastly as a faithfull Magistracy is the support of Law so a learned pious painfull and soul-saving ministery is the best support of Religion and without the conjunction of these their mutuall concurrence in Counsell in authority no State can prosper Thou leddest thy people like a flock by the hand of Moses and Aaron The power of Magistrates and of Ministers are divers one from another the power of the one being Ecclesiasticall of the other civill yet in respect of the exercise of this power they ought not to be divided the one from the other because they are powers to confirme not to prejudice the being or wel-being each of other The Harvest is great the labourers are few Many there are amongst us whom the Lord hath fitted with graces with gifts and choice abilities able and understanding men in the Lords work It was Ezra his care Nehemiahs Jehosapbats and Josiahs who did also encourage in the work of the Lord all who were faithfull in their ministration providing for them a comfortable and honourable maintenance Christian Magistrates or the supream authority of a Nation hath the power of Christ in them to depose and deprive in case of unworthinesse as Solomon did Abiatâ—ar all such as are ignorant erroneous and scandalous as be prophane or formall for from such a ministery tolerated ignorance error formality and prophaneness flowes into a Land or Nation And if a faithfull soul-saving Ministery decay the greatest glory and blessing in a Nation yea the security and tranquillity of that State is departed from it without which no State can expect such a people their friends they willingly allowing them to be Christs foes to live in ignorance darknesse and error without means and remedy to inform to reforme their deluded seduced souls ready to perish to be destroyed unto all eternity The
sinnes infinite saith Job Open thy mouth for the dumb that is the patient expectance of the poor doth pleade the cause of the needy saith the Lord that he may forget his Povarty and his misery no more least the dumb sigâ—es cry aloud to heaven for justice upon those who would not afford them justice the complaine of such pieroeth the heavens 〈◊〉 the heart of the 〈◊〉 in the wals the timber of the house procâ—teth judgement menâ—ilesse to those who shewed no mercy Iob telleth us that his soul was grieved for the necessities of the poor to whom he was a father from whom he never withhold their desire never caused their eyes to full that hee searched out their cause for them whereby the blessing of those ready to perish came upon him saith he if ever I failed them when I might have helped them in the gate that is in the right of their cause by a speedy administration of Justice them et my arm fall from the shoulder blade and let it be broken from 〈◊〉 bone and he gives this for the reason this I did because I feared the Almighty destruction from the Lord was a terroâ— to me by reason of his highnesse I could not endure that is he knew that the Lord would be very angry with such neglect and how unable he was to bear divine displeasure and therefore he durst not but judge their cause speedily with respect to their necessity to their importunity The Lord speaking to the Governors of Israel commands them to execute judgment in the morning that is early speedily in the greatest necessities and extremities of his people without tedious attendance and circumstance lest saith he my fury goe forth like fire and there be none to quench it shalt thou reign because thou closest thy self in cedar did not thy father do judgment and justice and then it was well 〈◊〉 him he judged the cause of the poor and needy and then 〈◊〉 was well with him was not this to know me saith the Lord but thine eyes and thy heart are not but for thy covetousnesâ—â— saith he unto Jehoiâ—kim therefore thou shalt be buried with the buriall of an Asse the neglect of justice hastens divine displeasure procures humane hatred Such cannot plead want of opportunities to afford every person in every cause audience the weightyest and important affairs of State depending upon them they not wanting power as Jâ—â—bro counselled in the liâ—e case to ordain Commissioners in Hundreds or Counties men fearing God to hear and determine such causes as can â—e determined in no other Court but by such Authority were such cases their own did their persons or their relations suffer by such neglects they would find time and friends to serve themselves he that ruleth over men must be just and ruling in the fear of God as the light of the morning when the sun riseth even a morning without clouds I shall conclude this head with three or four Corollaries as the foundations of Justice 1. Measure every civill action by a divine rule There is an eternall justice in the divine law and every humane constitution no further binds any soul to obedience active then it hath sympathy and agreement therewith Every Legislator ultimately intends obedience active rather then passive in cases weighty and momentall tending to the necessary constitution and preservation of Societies and Common-wealths but no law can give satisfaction to the conscience with which I am bound to obey if it be not primitively grounded upon the word either directly or by necessary inference The power of the Magistrate is not absolute his authority is ministeriall his jurisdiction is restrictive his power limited to the word as his rule which onely makes his command lawfull and he commanding what God commands a witting and wllfull breach thereof with a disloyall minde is a double sinne against God commanding against the power ordained by God All posiâ—ive constitutions tending to civill peace to common good are generally commanded by God in his word and to be obeyed upon paine of judgment and humane lawes urging those acts morally good do but enjoine what God requires these law-makers therein being the Lords extentors administrators or assignes to execute what he prescribeth The necessity of all law doth arise from the necessity of the end thereof and proportionable to that end which is publick good profit safety and liberty so great is the necessity of constitution and observation for any to impeach or prejudice the power ordaining to obstruct or interrupt the end for which that power or law is ordained such an act is usurpation presumption and rebellion in that person whosoever he be and is a fiâ—ue not only against man but God whose word enacts that law to such an end in generall terms Secondly The moral Law the ground of justice under the Gospal doth not onely binde us Gentiles to the rules of justice commutative or distributive but the very same penalties primitively imposed by God upon the Jewes in the same cases do as well oblige us to the same punishments because the morall equitie of those lawes remaine Hence from the equity of that Politique law the spirit of God argeth the necessity of maintenance of ministers under the Gospell This is an everlasting Maxim that what law was given to the Jewes and not as Jewes i. e. respective as a people in Covenant with God above all other Nations as a people redeemed from bondage preserved in the Wildernesse delivered from the deeps possessed of Canaan but as mortall men subject to the like infirmities with those of the Nations alike bound to the observance of the lawes of nature dictates of conscience and principles of religion reason and justice with others naturally the same law is as binding to us as to them If prudent Philosophers or wise Statesmen for the preservation of Societies Families or Common-wealths by natural reason and conscience judge that necessary and just for and in their owne State which the Law of God determines such in the Politie of the Jewes as death in cases of murther adultery c. this law cannot be said to be peculiar to the Stars of the Jewes the same reason binding all Nations to the saâ—â— observance which did binde them to obedience Upon this ground the Lord inforceth the judiciall law upon the Jews forbidding them to walke in the manners of the Nations because for such sinnes the Lord abhorred those Nations Every judiciall Law hath the same morall reason to inforce obedience the same common equity inherent in it if it upholds the State or intends the establishment of any of the three States of the world i. e. Families Churches or Common-wealths Thirdly The best men in making Lawes are subject to humane frailties to errour to ignorance to misinformation to prejudice and mistake and when they have made lawes as neare as possibly agreeable to divine equity in their owne apprehensions
to afford generall content to all men if possible at least to encourage friends to act freely under you You were first sent by the people who elected you to this end who entrusted you with power to act what in your reason conduced most powerfully and effectually to their good liberty and safety Secondly you are continued in the same place and power and left to act in the Commonwealth for such a time as this to save your selves and all that first adhered to you for all shall suffer shall fare alike 'T is folly to dispute your authority for there is no visible authority left in the State for any to act by but yours as most Supreame and againe That power must be obeyed actively in case of scandall and to avoid offence which in other cases may lawfully be dâ—â—â—ed Suppose your commands unjust illegall and injuriou◠〈◊〉 against Law against Priviledge yet due obedience 〈◊〉 thereto is more warrantable from our Lord Christâ— example in paying tribute unto Caesar then disobedience to the scandall of the Gospell in private persons can be justifiable yea admit the power it selfe usurped as in Athalia yet obedience under it in those persons who want both Call and Authority to reforme or remedy what is irregular is by the Lord commanded and commended And what opposition is against that power is by the Lord himselfe condemned as we see in the case between Rehoboam and Jeroboam But lastly all power is primarily and essentially and originally in and from the people as the first subject they being the creator of all that authority which is derivative It is theirs absolutely and totally by right of possession But because common people have but common capacities and are not competent judges in affairs of most materiall importance tending to publick peace and safety therefore reason and justice hath distributed and committed this power into severall hands that communi concilio such members elected by themselves be they more be they fewer may act and execute those matters for them which they cannot commodiously and immediately act for themselves the people still retaining to themselves that exercise of power which belongs to their peculiar and personall liberties dignities and proprieties in lives and estates in persons and goods as due to themselves or theirs dispersing the former to that end only to strengthen and not to straighten themselves in their proper and native rights The power of Derivatives or Relatives is most eminent in that subject which stands in the nearest relation power is more in the wife then any under the husband in the family heat is more in fire then it is in water made hot by fire Quicquid efficit tale magis est tale those that stand in the nearest relation unto are the liveliest Representation of the People in those is power most transcendent When Pope Julius Secundus had offended the Colledge of Cardinals the representative of the Catholick Church of Rome they sent a citation to summon him who challengeth Supremacy over Kings and kingdoms Church and States notwithstanding all his preheminence his power to answer to certaine depositions they then and there censured and deposed him as insufficient to govern and decreed that that power formerly in him was now lawfully devolved into the hands of the generall Councell and was by them to be disposed of according to order for the rule and government of the universall Church to which order every person was comanded to submit So the Romanes when Tarquinius Superbus had rendred regall government odious to the Commons of Rome by his Tyranny and exorbitancy the Senate deposed him censured him to banishment and altered the frame of the Government from Kings to Consuls it is hence a knowne maxime in civill law and owned by most Nations that he who changeth Government from a Monarchy to a Tyranny loseth the right of the former In France the Patricii Regni in Spaine the person representing that power Justitiae Arregonicae in Hungaria Bohemia Polonia Germania some who have been Patroni Reipublicae the Conservators of their liberties against the invasion of oppressing Tyrants the Protectors of their Lawes these have brought the greatest Princes to the deepest censures Histories are full of instances These States stating this for a fundamentall that treason against a State is more criminall then against a King the whole being greater then a part Those hold every State or Kingdome to be an Independent body no one having denomination over the other neither owing an account of their actions each unto other but only to those by whom they are entrusted One State may as well take liberty to prejudge another in matter of vote with as much reason as they may in matter of fact and what State would tolerate such usurpation neither are consociated kingdoms further concerned in the affairs each of other but for mutuall helpefulnesse to the remotion of common dangers by the conjunction of Councels and powers still preferring their Liberties priviledges and interests distinct peculiar and intire The end of consociation being to strengthen not to straighten each other in their proper due and native rights to equals appertaine only a power of equality not of subjection What Trajanus the Emperour desired of the Senate of Rome that that sword received from them might by them be drawne against himselfe should he rule amongst them contrary unto law is not unknowne I will not mention the law of Conradus the Emperour knowne to every Historian 't is a fundamentall Rule in all Politicks Instituere destituere est ejusdem potestatis and in Divinity it holds as firm shall he that hates right governe saith Job that the Hypocrite raigne not lest the people be insnared Solomon tels us that a poor and wise child is better then an old and foolish King who will not be admonished for out of Prison he commeth to raigne whereas he that is borne to a Kingdome becommeth poore The power of a King is potestas juris non injuriae subjects will not cannot alwayes beare In all States it was ever held pernicious to permit any man to grow so great so mighty that no man might or durst controle him In Scotland at a generall Assembly convened 1553. this conclusion was determined by universall consent Principes omnes tâ—m supremâ— quam inferiores c. All Rulers supream or inferiour may and ought to be reformed or deposed by those by whom they are confirmed or admitted unto office as oft as they break their promise by oath to their subjects because the Prince is no lesse bound unto his Subjects then the Subject is unto him and therefore that oath which ought to be kept by both the breach thereof is to be reformed equally in both according to the laws of the kingdome and the conditions made by either party They tell us in their Histories that such acts as be intolerable in private persons are much lesse to bee favoured in Princes because Regis