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A91444 The Parliament justified in their late proceedings against Charls Stuart, or a brief discourse concerning the nature and rise of government, together with the abuse of it in tyranny, and the peoples reserve. As also an answer to a certain paper, entituled, The humble advice of the lecturers of Banbury in the county of Oxon, and Brackley in the county of Northampton. / By J: Fidoe, T: Jeanes, W: Shaw, students in Trinity-Colledge in Cambridge. Fidoe, John, b. 1625 or 6.; Jeanes, Thomas, d. 1668.; Shaw, William, student in Trinity College, Cambridge. 1649 (1649) Wing P502; Thomason E545_14; ESTC R203138 12,113 21

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in holy Writ of asking counsel of God and of doing nothing without him Secondly those that had their Magistrates and their Laws from God their Government is of God But the Jews had their Magistrates Judges and Kings from God yea their Laws which are so often called The Book of the Law of the Lord. Now the Constitution of a Common-wealth being nothing but Heads and Laws it followeth that they who had those two from God and could not Enact Laws or Establish Governors by a Power seated in themselves had the Fundamental Constitution of their Republique from God Although it be otherwise in other Nations A digression concerning the end of Magistracy in which we suppose the Power is fundamentally seated in the People as will be said for whose good it was first instituted For when Res Publica comes to be Res Privata it ceases to be a Commonwealth and is then Tyranny The judgment of the Israelites was to be without Magistrates or else to have foolish Magistrates who knew no good but their own whereas they should be common Parents consulting not for themselves but for their People wherefore they are compared to Shepherds And those that feed Israel in Scripture are as well Magistrates as Ministers Plato in his Repub in divers places keeps this similitude A Shepherd he saith speaking of Governors cares for nothing but that he may keep what is committed to his care the same saith all Government quatenus Government commands us to take care for no other thing but what is committed to our charge And therefore Plutarch saith That it behoveth a Prince first to govern himself and then to govern his Subjects for he that knows no order cannot order others the same would have them to consider that they themselves are subject to Command Not like the King of Persia who made all Slaves but his Wife and therefore the Law is to be his rule the King of men and gods saith Pindar Not so much that written in Books or Tables but viva in corderatio always dwelling always watching with him and therefore the King was to have the Law continually read to him And it may be the cause why so much sin in Israel was because the Law was lost and not found or at least not used till Josiah at which time there was great joy for the finding of it and the King read in it from Morning until Evening Not much unlike this is that of the Persian King who had one to come to him every Morning with these words Rise O King Care for those things which Oromasdes would have you care for They are called Ministers of God yea gods to preserve mens Estate and what nature hath bestowed upon them to distribute it and preserve it And therefore at first the Romans had onely their Senatus which consisted of old men best able to judge of things being experienced in the affairs of this world Concerning this Plutarch hath wrote a Book in which is elegantly discussed who are fitter for the Commonwealth youths or old men for we know that Rehoboams yong men made the Tribes fall off The yoke of Tyranny being insufferable and therefore upon due consideration and power to be cast off for who is ignorant that the first Power entrusted was but small and no more then if a blinde man should entrust a seeing friend with his leading and he contrary to his Trust should either attempt a murther or else a throw from some preoipice we say that if this man should receive his sight he may then cast him off for that he desired him to lead him not to throw him down Now having said something of Government in general as also of the declination of it we shall proceed to that which indeed is nothing else but the abuse of it and that is Tyranny or an unlimited and usurped Power by which one man or more without an Appeal to the Law of Nature written in the heart of every man or to that Divine written Law of God entrench upon by freely exercising the Natural or Political Rights of others according to their own pleasure It is a Power meerly Arbitrary which is so far from coming under the notion of Jus Divinum as it is altogether Repugnant to the Law of Reason and Nature neither of them allowing the private Interest of a part to exalt it self above the common good of the whole whence comes the ruine of a body Natural but from the superabounding unlimited and Tyrannical Power of some one of the Malignant humors As Sampsons strength lay in his Locks so that of a State lies in the Complication of an universal Interest common unto all we shall speak of Tyranny under a twofold account 1. There may be Tyranny by Conquest as those that know any thing in History know that the foundation upon which the first four Monarchies was built was an usurped Power got by the Sword For indeed the world being enlarged and the estate of the people confused it was then a fit time for Tyranny to take its original every one being a Law to himself and Interpreter of his own Actions no marvel that the strongest governed all the rest at his own will If this principle of Tyranny be good other men may not onely free themselves from slavery as soon as they can but also exercise power when its put into their hands against Tyrants their former oppressors it will amount but to Lex talionis to pay them home in their own Coyn from their own Principles 2. Tyranny may be by Male-Administration or by abusing and going beyond the Trust reposed in a man by a Kingdom or State The present age in which we live presents before our eyes an example most fresh and lively That our late King Charls Stuart was not a Tyrant in the first sence is confessed by all witness his Oath at his Coronation as also his claiming Interest in the Crown by a lineal descent from William the Conquerer who thought the choice or Election of the People a better and surer Title then Conquest But to free him from Tyranny in the latter sence who can unless spirits wilfully prejudiced against the Honorable Parliament and the High and Supreme Court of Justice for that he was entrusted by the People with his power is clear it being irrational to think that our Ancestors gave any such absolute unlimitted Power unto our late Kings Predecessors as that they might use them how they pleased and notwithstanding that no reserve left in people when as the exercise of Government the bestowing it upon one or many is founded in the consent and mutual agreement of the whole body or society of men in a State-Government or Magistracy is indeed a power ordained of God and upon no pretence to be resisted but when a man through depraved Principles of Tyranny and Oppression usurps over the Conscience in things Spiritual and Divine above the reach or determination of the Spirit of a man