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A55100 A Plea for liberty in vindication of the commonvvealth of England wherein is demonstrated from Scripture and reason together with the consent of the chiefest polititians, statists, lawyers, warriours, oratours, historians, philosophs and the example of the chiefest republicks, a commonwealth of all politick states to be the best, against Salmasius and others / by a friend to freedome. Pierson, David. 1655 (1655) Wing P2510; ESTC R2913 187,096 198

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for long life to him She answered When I was young a grievous tyrant reigning over us I prayed that he might be taken away To whom one worse succeeded I prayed for his death also To whom thou Dionysius worse then either of them succeeded And now I pray for the lengthning of thy dayes lest one worse then thy self should come in thy room Brus lib. 6. cap. 21. That must be of a strange stamp which can make very Ethnicks to pray against it Mark to pray for the continuing of it to prevent another of its own kind worse then it self Fr. Pat. Senensis saith Tyranny devoureth after death lib. 10. cap. 3. All which bear us in hand that of all things tyranny is most dangerous and cruel And it being the ordinary and proper bad consequence of Monarchy who can deny Monarchy to be of a I Governments the most dangerous Secondly Kingly Government as is said already is most authoritative and of more commanding faculty then any other And consequently as a good King by his example may and doth draw the people into obedience and due performance so an evil King may and doth by his example ensnare the people So Claudian Regis ad exemplum totus componitur orbis What doth not the holy Ghost say Riches beget friends Prov. 14. and 19. And many do intreat the favour of the Prince Prov. 19. and 29. 'T is storied that the Souldiers of Ant. Epimanes a most leacherous King did imitate his prophane and bad example Val. max. lib. 9. cap. 1. Many of the Syracusians did follow the evil example of the tyrant Dionysius Plut. Whence is concluded Plerique magis actiones aliorum quamlibet pravas imitantur quam infortunia eorum cavent Dion lib. 53. If the King be altogether wicked as ordinarily he is More Tyrants then Kings Few of them in any age friends to Christ Most part of them destroyers of the Commonwealth Oh! in how great danger under such doth Religion stand and are the Liberties of the subject exposed to Tell not me of a regulated King 'T is but a playing fast and loose Aristotle Pol. 5. cap. 8. saith The least thing of the Law is not to be changed This he saith because it maketh way for the abrogating of the whole Law He falleth upon that principle Principiis obsta sero medicina paratur Set-up to day regulated Monarchy and to morrow it shall be absolute If the King once get-in his litle finger he shall soon thrust-in his whole body Small beginnings can produce great effects 'T is good to kill them in the birth Make Caesar perpetuall Dictator Augustus shall become absolute Emperour One degree bringeth on another The least of Kings hath greater favour and power with the people then the greatest of Councels All will be called his The word subditi is current then But aequales is detestable If Alexander's neck be crooked all his Courtiers must hang their heads to that side I know not what the most of people for the Prince's favour be what he will regulated or absolute will not do Tell me if he be not for GOD and the good of the people do not both Religion and the Commonwealth stand in greatest hazard This dolefull experience teacheth in all ages Of our judgment are Jos an t lib. 4. cap. 8. lib. 6. c. 4. Mat. Agr. de insip Reg. Th. Mor. Anonym monit lib. 2. Brent hom 25. in 1 Sam. 8. Pet. Mart com in Jud. cap. 1. Virg. Malvez disc 39. See also Buchanan de Jur. Reg. ap Scot. SECT III. Whether or not is a Common-wealth the best of Governments WE know Rollists hold the Quaerie absurd But with their leave I freely offer my judgment in the following Assertion Assert Without all controversie Democracy arightly instituted simply and absolutely is of all Governments the sweetest and contributeth most to the good of the people In establishing this we observe this order Firstly from the first and primary institution of the Jewish Commonwealth It cannot be denied but it was popular and democratick and that for these reasons 1. Because the Judges and Rulers of Israel were not choosed and set-apart upon the accompt of any nationall and carnall priviledge The Holy Ghost giveth them no preeminence above their brethren for old descent worldly honour and riches Men to govern in it were not choosed for their riches nobility and blood-respects No verily They had onely place to govern because of vertue and godlinesse Moreover thou shalt provide able men such as fear God men of truth hating covetousnesse and place such over them to be rulers and let them judge the people at all seasons And Moses choosed able men and made them heads over the people rulers And they judged the people at all seasons Exod. 18. Mark there is not a word here of choosing the rich and honorable or of any carnall or blood-tie The Judges that are choosed are men qualified vertuous and godly able to discharge their trust And this was not onely required in inferiour Judges but even in the higher Judges also members of the Sandrin The Seventy were wise men and understanding and known amongst the tribes Deut. 1. They were not choosed at randome or at all adventures No verily They were selected out from amongst the Judges spoken of Ex. 18. And the LORD said unto Moses Gather unto me seventy men of the elders of Israel whom thou knowest to be the elders of the people and officers over them Num. 11. Now it is shewed that such men were vertuous and godly able for places of trust And yet the LORD rested not satisfied therewith but being about to entrust them with higher matters he doubleth the spirit upon them And I will come-down and talk with thee there and I will take of the spirit which is upon thee and will put it upon them and they shall bear the burden of the people with thee that thou bear it not thy-self alone And the LORD came down in a cloud and spake unto him and took of the spirit that was upon him and gave it unto the seventy elders Num. ib. Neither can it be denied but those who were called Judges 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by way of excellency were most eminently qualified far beyond any other GOD had a most speciall hand in calling them to the charge Judg. 2. So Moses Joshuah c. Tell me I pray you have not we more then reason to say That the first and primary Government amongst the people of the Jews was popular I denie not but qualification may be looked-to and have place both in Monarchy and Optimacy But observe both of these Governments in their best institution do look to riches and honour as a necessary condition As for Monarchy there is no question And Aristotle distinguisheth between the government of few and Optimacy Both which ordinarily passe under the notion of Aristocracy And Oligarchy saith he onely looketh to riches and honour Pol. 4. cap. 5. as Optimacy
Impune quae libet facere id est Regem esse But Memmius thereby endeavoureth to disswade the Romans to keep themselves by all means possible from the yoke of King Jugurtha hereby insinuating the dangerousnesse and inconveniency of Monarchy just so as O●tanes did to the Persians But neither of them did allow this but taxed it as an unjust and hurtful power in Kings I must needs say Salmasius quoteth Memmius and Ottanes their words as the Devil quoted in tempting Christ Matth. 4. David's words Psa 91. v. 11. That which directly made against the Devil's temptation he held-out and only expressed that which he thought made for his purpose So doth Salmasius straight-forth in quoting the words of Ottanes and Memmius The thing that maketh against him he suppresseth and that which in shew maketh for him he expresseth SUBSECT 2. The rest of the Arguments for enforcing the second Assertion propounded and followed-forth HAving at length discussed all that Salmasius doth or can reply against our second Argument we make ready now to propound the rest of our Arguments whereby the King 's arbitrary power is dismissed And what further may be objected against our second Argument as indeed Royallists do we shall take it off by the way in prosecuting the rest of our Arguments And so by the way we shall meet with these Royallists who with Salmasius do directly militar against our second Argument Now Thirdly we make good our purpose from the power that the Kings of Israel and Judah had And for clearing this you shall be pleased to take notice of these Conclusions Conclus 1. The wicked Kings of the Jews had an arbitrary power both over Religion and the People of GOD. For proof of this see 1 Sam. 13.14 15.22.23 c. 2 Sam. 21. 1 King 12.14.15.16.20.22 2 King 3.8.10.13.14.15.16.17.21.24 2 Chr. 10.11.12.18.21.22.24.25.26.27.28.33.36 Conclus 2. The tyrannous and usurping Kings of the Jews in all probability had an arbitrary power over the Republick There is reason for this for such did reign against Law And why did they not also rule against Law And what can tyrannous Kings do but reduce the people to slavery Now it is known that the Kings of Israel for the most part were of this temper Many of them were cruel tyrants and vile usurpers Therefore is it said Rex neque judicat neque judicatur non dicit testimonium nec in ipsum dicitur In cod Sanh 11. This Maimonides expoundeth concerning the kings of Israel in Gemar tract de synedr cap. 11. And this I take to be very true concerning the usurping and tyrannous kings of Israel They did not judge because tyrannous and usurping kings delight in cruelty They seek nothing but their own case and if they act any thing according to Law it is only for the fashion as the tyrant Cambyses did in seeking his german sister in marriage What Such hold will for Law They know nothing but Hoc volo sic jubeo sit pro ratione voluntas Juv. Satyr 6. Such Kings do not judge according to the Law of the Kingdom Neither is there power according to the Law of the Kindom laid upon such What they do is done by themselves unanswerable to any They act will-way and not Law-way They were not judged because they did take power to themselves above all Law It cannot be denied but Salmastus concludeth well from 1 Sam. 8. and 2 Sam. 8. that the King of Israel judged Def. Reg. cap. 2. But he will do well to advert that though this be true Rex judicat concerning the King of Israel according to God's institution the Law of the Nation and the practice of some of their Kings yet this is as true Rex non judicat concerning the ordinary practice of their Kings And it is very observable that Jannaeus whom they called Alexander all the while he did reign over the people of the Jews acted nothing according to Law but tyrannized over them Jos an t Jud. lib. 13. cap. 21.22 But in Gem. tract de Syned cap. 11. it is said that because of Jannaeus it was enacted that the king should neither judge nor be judged And if it be true that it was enacted then then do I not think that it was upon that fabalous ground which doth not so much as relish to Salmasius of which the Rabbinick writers speak but because of the tyranny and cruelty of the man who did not govern law-way but will-way And as Alexander so the tyrant Herod had an arbitrary power though we suppose it did depend much from the concession of Antonius Jos Ant. lib. 15. cap. 4. Conclus 3. The good Kings of the Jews because of personall endowments had exemption and immunity from Law This is manifest in the examples of David and Solomon There were two things chiefly in David which were against the Law 1. Multiplication of wives Whereof David had very many 1 Chr. 3. and 14.2 Murder upon the back of adultery 2 Sam. 11. And Solomon did many things contrary to the Law 1. He multiplied gold and silver 2. Horses and Charets 1 Kin. 10. 2 Chron. 9. 3. Wives And 4 he fell into adultery 1. Kin. 11. And yet we read not that either David or Solomon were judged therefore by the Sanhedrin And what I pray you could be the reason of this Not because the king de jure hath immunity from Law Nor because they over-awed the Sanhedrin by force of armes We read nothing of that And you shall not make me believe that the Sanhedrin durst not attempt the executing of justice upon them 1. You thereby put a great note of reproach upon David and Solomon You do no lesse then insinuate a disposition in them for rebellion if you alleadge that the Sanhedrin which de jure as both already and afterward doth appear had power over them durst not for fear of their resistance execute judgment on them That had been a disposition to resist the higer powers which the Holy Ghost condemneth Rom. 13. And I will not think that such men had the Spirit of rebellion to repine against the execution of justice 2. We find that the Sanhedrin did execute justice on Amaziah And the people did so against Athaliah 2 Kin. 11.2 Chr. 23. Which maketh me think that it was not for want of power that David and Solomon were spared Other Kings of Judah were punished for their faults The Sanhedrin and people had power to execute justice on them And why not also on David and Solomon They were all Kings alike And it is very remarkable that after Solomon's death ten tribes declined the house of David because of Solomon's heavy exactions and tributes he laid upon the people 1 Kin. 12. 2 Chr. 10. I believe they were as powerfull to revolt from Solomon as from Rehoboam And seing the people took so heavily with Solomon's yoke that therefore they did revolt from his son it maketh me think that the Sanhedrin did not spare him for fear