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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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Masters The same in effect did Trajan the Emperor confess that he was inferiour to the People for when the Praetor delivered him the Sword at his Inauguration he returned it to him again with these words Take this Sword use it for me if I do that which is good but if otherwise against me and that so much the more because it is the more wicked for one that Rules over all to transgress the Law himself He was far from pretending to impunity that his person was Sacred and must not be touched whatsoever wickedness he committed but like a wise man and good Governour he resolved to do nothing worthy of punishment or if he did he submitted himself to the stroak of the Sword as much as any other person was to do and it is observable that it was not for want of power he spake this for the Empire was then at the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the highest or very near it Theseus in like manner a most wise and valiant King of the Athenians acknowledged the Peoples power to be above his and affirms yea glories in it That in Athens the People Reigned I could quickly tire both my self and you with Testimonies of this nature from Philosophers Orators and others but I know the judgement of any man is no proof and I have given sufficient proof from Scripture and Reason already and therefore I shall not fill up my Papers with transcribing other mens judgements but mention one or two places worthy our consideration out of the new Testament which are the Testimony of Christ himself and Paul his Apostle and with a few Inferences from the whole close up this Chapter The first is that of our Saviour Mat. 20.25 to 28. The Princes of the Gentiles exercise Dominion over them and they that are great exercise Authority over them but it shall not be so among you but whosoever will be great among you let him be your Seavant And whosoever will be chief among you let him be your Servant This Text holds out these things following First That there were two great political Evils among the Gentiles 1. Their Princes lorded it or exercised Dominion over them they would not keep within the bounds of their relation which God and Nature had set out to Governours to be Servants to the People but they would be Lords over them whose Servants they were in right And therefore it is that Christ useth the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they exercise Lordship against them as much as to say their Lordship is against the Liberties and Priviledges of the People against the Good and Benefit of them whom they Govern Their Prerogatives abrogate the Peoples Rights 2. The great men exercise Authority over them not the wise men or the good men who were best qualified for Government but those who had great titles and riches were Rulers over them which was contrary to the Light of Nature which the Gentiles were endued withal as I have shewed at large under the qualifications of Magistrates Governours were not chosen for their Virtues or Goodness but for their Greatness Secondly Both these evils are forbid among Christians It shall not be so among you You that will be my followers shall not imitate the wicked manners of the Gentiles Your Princes shall not be Lords over you they shall not exercise Lordship against the Liberties and Priviledges of their Brethren But whosoever will be chief among you which must be the chief Magistrate unless you will allow any other above him let him be your servant They that are great shall not exercise authority among you but they that are Wise Good and Faithful men such as fear God and hate Covetousness you shall not choose men to Govern for their Greatness sake but for their Goodness Object But is not this place to be understood onely of Ministers that they are not to be Lords over the People Sol. There is no reason for such a restriction for the same evil that was practised by the Gentiles is forbid among Christians It shall not be SO among you How was it among the Gentiles He doth not say their Priests but their Princes lorded it over them But it shall not be SO among you your Princes shall not do so Christ knew well enough that his Church would encrease and many millions own his Gospel and therefore carefully laies down Rules beforehand how the Princes of Christians should behave themselves Again our Saviour puts it in the most comprehensive terms imaginable Whosoever will be chief among you let him be your servant be he who he will that is chief he is but your servant at highest And Christ allows of a chief Magistrate but the Gospel knows no chief Minister For though Paul saith 2 Cor. 11.5 he was not behind the very chief of the Apostles he means not that any Apostle was by his Office above others but chief in labours and gifts and so some might exceed others And in regard this Precept is so consonant to the Light of Reason Law of God and that of Rom. 13.4 where the Magistrate is called A Servant to the People I wonder any should go to restrain it onely to Ministers it being given in such extensive universal terms Another place like to this is 1 Cor. 8.5 6. There are many that are called gods and lords but to us there is but one God the Father and one Lord Jesus Christ As if he should have said there are indeed among the Heathens many gods they live in Idolatry but we Christians own but One God Many of the Gentiles are so vain-glorious that they will have earthly Lords but we Christians own none for our Lord but Jesus Christ that is no titular Lords such as exercise lordship over the People 1. Then A Word to chief Magistrates Kings Princes c. Learn to know your selves your places and relations Alas how few of you that wear Crowns and sway Scepters understand your relation and he is like to rule well that knows not his place Beware of those flattering and covetous Priests and Lawyers who will say any thing for advantage and flatter you out of your own reason The Word of God Law of Nature and your own Reason if you have not lost it will tell you that you are Publick Servants to the People who gave you your Power and pay you your Wages For shame make no more pretences to a Lordly Power over the People whose Servants ye are talk no more of your Lordships unless you mean to declare your selves Tyrants Rulers chief Magistrates we own but not to be our Lords but Servants according to the Word of God You know no other name to call the People by but Subjects the Law of God will teach you a better name to call them Brethren and not to lift up your hearts in a lordly manner above your Brethren This was the appellation David used to give the People 2 Sam. 19.12 And the Lord commands proud Rehoboam
apprehended again for Preaching Acts 5.27 They told the Rulers plainly that they ought to obey God rather than them and charged them with the murder of Christ to their faces If Magistrates command us to persecute the Lord's People to oppress the Innocent to hale the faithful Servants of God to Prisons to be upon the Guard while they spill innocent blood to prevent any from rescuing such as they intend to murder we are not to obey them but God 4. We owe the Magistrate no passive obedience or subjection in case he injure or oppress us If we have done that which is evil we are bound to submit our selves to the Magistrate as the Servant of God and the People to execute wrath upon us but if he punish us for doing well oppress the Innocent and pervert Justice we are not bound to submit our selves to him but may lawfully resist him Which I prove thus 1. Because the Law of God doth not command us to be subject to the Magistrate or forbid us to resist him if he oppress us and offer violence to us Now sin is a transgression of the Law 1 John 3.4 and where there is no Law there is no transgression Rom. 4.15 But all the Prelates in England cannot produce any Law of God which forbids us to defend our selves from the injury or injustice of the Magistrate or to resist him in our own defence The great place they urge to prove the unlawfulness of resistance is that Rom. 13. Let us therefore take a survey of that place and see if there be any injunction to obey an unjust or oppressing Magistrate or any prohibition to resist him And truly we shall find just as much reason from that place for subjection and obedience to a wicked oppressing persecuting Magistrate as from 1 Thess 5.12 13. 1 Tim. 5.17 Heb. 13.17 for obedience and submission to an ignorant proud persecuting Minister The Apostle commands us to obey them that have the rule over us and submit ovr selves to them because they watch for our souls that they may be able to render an account of them with joy in our salvation Will it follow therefore we must obey and submit to such Ministers as would poison and destroy our souls and lead us to Hell and Damnation The Elders that rule well are worthy of double honour especially those who labour in the Word and Doctrine Will it follow therefore that we must give double honour to the Elders who rule wickedly and labour not in the Word and Doctrine The very same doth the Scripture assert concerning Magistracy Paul commands us to be subject to the Magistrate and tells us why for he is the Servant of God to us for good he is one that will praise us if we do well and he is not a terror to good works but to evil Will it follow therefore we ●●st be subject to a Magistrate who is a terror to good works and a praise to evil that punisheth good men and praiseth wicked men What a ridiculous irrational Argument is this But to lay open the folly of this Inference a little more plainly and distinctly 1. The Power the Apostle forbids us to resist is The Ordinance of God but a Power to oppress or do injustice is none of God's Ordinance but the Devils therefore we may resist that God hath ordained no Power to oppress or injure the People and therefore in resisting a Power that oppresseth us we cannot resist God's Ordinance The holy Spirit representing the tyrannous Kings of the fourth Monarchy by a beastly cruel Monster Rev. 13.1 2. tells us that the Dragon or Devil gave them their Power Lawful Power to execute Justice and protect the People is derived from God Tyrannous Power to do Injustice and oppress the People is derived from the Devil Now surely to resist that Power which is derived from the Devil is not to resist God's Ordinance nay it is blasphemy against God to say so 2. He that resisteth the Power Paul speaks of shall receive to himself damnation or judgment Therefore it is clear he means not an unjust or oppressing Power but a just rational and righteous Power Tyrants and Oppressors have been often resisted by the Lord's People as I shall shew anon out of Scripture And the French Bohemians Scots and most if not all the Protestant Nations have resisted the oppressing Power of their wicked Rulers Those confident and faithful Witnesses of Christ the Waldenses have frequently opposed their unrighteous Magistrates by force of Arms and now lately done the same and think you they shall all receive damnation for resisting that Power which is derived from the Devil or for resisting Tyrants which are not God's but the Devil's Vicegerents 3. The Power the Apostle forbids us to resist is a Power that if we do well we shall have praise of the same Rom. 13.3 but an oppressing unrighteous Power doth not praise us when we do well therefore we may resist that An unjust Power will praise those that do evil and dispraise those that do well as we see most evidently at present 4. The Magistrate Paul forbids us to resist is one who is a Minister or Servant of God to us for good but an unrighteous oppressing Magistrate is a Servant of the Devil to us for hurt therefore we may resist him 5. The Rulers we are forbid to resist are such as are not a terror to good works but to evil Rom. 13.3 But Tyrants and Oppressors are not a terror to evil works but to good therefore we may resist them 6. The cause why we are commanded to be subject to and forbid to resist a Righteous Magistrate doth not agree to an Oppressor for if you observe the reason which the Apostle urgeth all along that discourse for subjection to the Magistrate cannot be applied to an Oppressor He that resisteth saith the Apostle shall receive to himself damnation One might answer This is a very hard saying that you should threaten us so severely if we resist but sayes the Apostle Consider well the reason and you shall confess there 's reason enough for it For Rulers are not a terror to good works but to evil Wilt thou then not be afraid of the Power Do that which is good and thou shalt have praise of the same for he is the Minister of God to thee for good ver 3 4. Indeed if I threatned you for resisting Tyrants or Oppressors who are a terror to good works and a praise to evil who are enemies to you and seek your hurt you might say it were a hard saying but since I forbid you to resist only those that praise you when you do well and are Servants to God and you for your good you have no reason to say I speak harshly for it is a great wickedness to resist righteous Magistrates Again when the Apostle bids us be afraid of the Magistrate if we do evil he gives us this reason for it for he is the Minister
a Servant to them for their good he shall not be their Lord to their hurt to vassalize and enslave them they rejected him and his Government and chose another in his stead The advise which the old Counsellors gave him was rational sincere and is recorded to their honour they were worthy Patriots of their Country and Assertors of the Law of God and Liberties of the People against unlimitted Prerogative and arbitrary Power they perswade the King to know his place and be humble if thou wilt be their Servant and not to dissemble with the People promise one thing and mean another and therefore they add And wilt serve them as if they should have said if thou wilt promise them to be their Servant and perform thy promise to them and wilt indeed be their Servant and by rejecting that advise Rehoboam left the Kingdom of Israel This was Saul's plea when he had disobeyed God in sparing Agag and the chief of the Cattle I obeyed the voice of the People 1 Sam. 15.4 as if he should have said I am the Peoples Servant and must obey them I was afraid to disobey the People I know this was no excuse for Saul neither did it justifie the action because he had an express Command from God to destroy them utterly And therefore if the greatest part of the People had been unwilling to have Agag killed yet he should have obeyed God rather than man but it shews that Saul knew the People to be above him and that it was his duty to obey them in any lawful command and therefore he would have excused his disobedience to the Command of God by his obedience to the People In like manner Ahab though a wicked man was so observant of the People that he would not presume to give an answer to Ben-hadad about a matter of publick concernment till the People had appointed him what to say and when the People had forbid him to consent unto Ben-hadad's demands he obeys their voice and returns this answer to Ben-hadad I may not do it 1 Kings 20.8 9. As if he should have said the people have forbid me to consent unto thy demands and I may not disobey them I am their Servant the Silver and Gold thou sendest for is mine no otherwise than as a Trustee of the People to employ it in their Service and for their good and I must not dispose of it without their consent Ahab who had sold himself to do wickedness had not yet arrived to that degree of unrighteousness as to pretend an absolute Prerogative to do what he would or that the People had no coercive power over him for he confesses he may not do that which the People in the vindication of their own rights forbid him to do You see then how clearly the Scripture makes good this Assertion That Magistrates yea the very highest of all are publick Servants to the People Let us enquire a little into Reason and see what that sayes unto it 1. Then do not the People make constitute and authorize Magistrates whence have they their Call unless from the People from God by any immediate Call as Moses and Joshua or in an extraordinary manner by a Prophet as Saul David Jehu This they dare not pretend to From Nature let them prove it if they can as soon may they turn the Day into Night and Ocean into dry Land as prove any right to Government by Nature inherent in one family as I have shewed before By conquest And so hath every Rogue in the World that is able to get a company of theeves together and forcibly take away my Possession and lead me captive a right to govern over me There 's no other right to Government either by the Law of God or Nature but the Peoples choice and therefore needs must they be Servants unto those who give them their power 2. If they were not the Peoples Servants why do the People maintain them and pay them their wages Is it not from the Peoples purse the Magistrate is maintained I need not use many words in this Argument you know it by experience Why saith Crysostome do we give Tribute to the King is it not the wages of his care for our protection Since then the Magistrate hath his Power and Wages from us what should he be in reason but our Servant Object B 〈…〉 is it not his due how then can we be said to give it him Sol. Answer It is his due no otherwise than as he is a publick Servant to us and is by us entrusted with the care of our common safety and so becomes due Wages for the work he doth us Object But if Magistrates be the Peoples Servants why then are they called the Higher Powers and every soul commanded to be subject to them Rom. 13.1 and obey them Titus 3.1 Sol. This is meant of our single capacity not of our collective Every man may be considered singly or as one particular person and so every particular person in his single capacity is inferior to the King and to be subject to and obey him in the execution of his Office but a man may be considered conjunctively or as he is in union with the Commonwealth and a part of that whole and in this respect the Magistrate is inferior to us as we are all united together and make up one Commonwealth for we that is all particulars joyning together give the King that power which afterwards as private persons we are subject unto and are subject to him no otherwise than as the publick Servant which we have made and do maintain at our charges paying him his wages for the Service he doth us we are subject to him not as our Master but as our own Servant The King is Superior singulis but Inferior Universis Superior to us as single persons but Inferior to us as we are a Commonwealth 2. Whereas some would restrain this only to the King or chief Magistrate there is not the least ground for any such restriction for as well the Subordinate as Supream Magistrates are over us in their several places and degrees and we are as much bound to obey Judges Mayors Bailiffs in the execution of that trust which the People have reposed in them as the King and yet we do not think a Mayor or Bayliff to be above the Community that chose him and the word translated higher Rom. 13.1 where the Apostle speaks of higher Powers is attributed to all other Magistrates as well as the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 2.2 all that are in Authority it is rendered there 3. Ministers are said to be over the People 1 Thes 5.12 and the People are commanded to obey them and submit to them in the Lord and yet they must not be Lords over Gods Heritage 1 Pet. 5.3 but are Servants to the People 2 Cor. 4.5 And it is the very same concerning Magistrates for the Relation of Magistrates and Ministers in the general
is one and the same they are both Servants to the People though in a different kind of Service Object But are not Magistrates called Gods How then can they be the Peoples Servants Sol. That is a Metaphorical Expression spoken not by way of Property but Resemblance we know Magistrates are not properly gods it were blasphemy to say so the names or attributes of God cannot without blasphemy be given to them it were blasphemy to call a King Jehovah or Lord God or the like or to give him any of God's Properties Omnipotent All-wise All-sufficient Eternal or the like they are called Gods because true Magistrates do in some higher Measure than private persons resemble the Wisdom Power and Justice of God which is the utmost can be proved from that Title this doth no way contradict their proper Title of Servants to the People For when a Magistrate is a terror to evil works and a praise to good Rom. 13.3 he is a Servant to the People for good ver 4. and in this service of his he represents the justice of God who rewards every man according to his works We must beware of straining Metaphors the proper title of the Magistrate which describes his relation is a Servant Of God To the People The Metaphorical Title of God describes his Virtues and Duties the Wisdom Faithfulness and Justice which a true Magistrate is indued with and rules in and the proper and metaphorical Titles are not repugnant to each other but this observe by the way that he that is destitute of those Virtues or neglecteth those Duties wherein a true Magistrate resembleth God may be more justly called a Devil than a God because he resembleth the Devil more than God If it be said that an unrighteous Magistrate by reason of his great power and external glory resembleth God I answer It is false for God hath no unrighteous or oppressive power neither hath given any such to Magistrates and therefore there is no resemblance between the power of a Tyrant or Oppressor and the Power of the Most Just and Righteous Jehovah The same I say of his external Glory for the Glory of God is in his Wisdom Justice Faithfulness and other attributes and the Works of Goodness Mercy and Righteousness which he doth which the outward powers and splendor of an unrighteous Magistrate doth no way resemble but it doth most aptly resemble the power and glory of the Devil whose Servant he is and whose works he doth Object But if the King be the Peoples Servant why is it that we read so often in Scripture that the People were used to salute the King with this Title My Lord the King and say they were his Servants Sol. Those are expressions of courtesie and respect commonly used not only to the King but private persons yea sometimes our inferiors Rebecka calls Abrahams Servant My Lord Gen. 24.18 Jacob calls his Brother Esau My Lord eight times in two Chapters Gen. 32. and 33. Obadiah calls Elijah My Lord 1 Kings 18.7 13. The very same Title that is usually given to the King and the same word in the Hebrew in all these places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Levite in a way of courtesie sayes to the old man that came from his work out of the field Thy Servant Judg. 19.19 It is used so Gen. 42.10 2 Kings 1.13 and Chap. 2.6 And so it is to be understood when we read the People call the King My Lord and say they are his Servants it is an expression of courtesie not that they are in a strict and proper sence and in point of duty his Servants or the King their Lord for it is nothing so Thus we read 1 Kings 12.4 the People come and tender their Service to Rehoboam upon condition that he would ease them of their burdens they came with respectful courteous language unto him and thought to win him thereby but when he refused to perform his duty to them they make him know that in a strict and proper sence they were his Masters and could punish him for his faults and did deprive him of his Crown ver 16. And so the Parliaments of England and often the People without the Parliament have in their Addresses to the King given him the Title of Lord in a way of honour and respect but when he hath refused to perform his duty to them and endeavoured by his unlawful Prerogative to abridge them of their Liberties they have made him understand his Relation and by force of Arms asserted their own Priviledges and sometimes compelled the King to perform his duty other times deposed him from the Government as the People of Israel did Rehoboam upon the same account and so have most if not all the Nations in the World done the same How common a thing is it in our ordinary Salutations to say we are such a ones Servant in a general and respective sence and in point of courtesie whose Servant we are not in a strict sence and point of duty Object But why may not Princes be Lords over the People as well as Masters Lords over their Servants for the word translated Master Ephes 6.5 Col. 3.22 signifies Lord Sol. 1. Because the Servant is inferiour to his Master and by his place obliged to serve his Master but here it is the contrary for the Magistrate is inferiour to the Commonwealth because he is made by and for them and his Office as I have shewed before is to be a Servant to the People Now a man cannot be in one and the same respect Lord and Servant 2. The Master pays the Servant his wages so doth not the Magistrate the People but the People pay him his wages So that this Objection is justly retorted upon those that urge it and in stead of proving the Magistrate to be the Lord and the People to be Servants proves the contrary that the Magistrate is the Servant and the People Masters Which not only the Philosophers and wise sort of the Heathens understood but many of the greatest Emperors in the World have confessed Augustus Caesar one that had the Empire of the world of whom we read Lu 〈…〉 1. would not suffer the People to call him Lord. Tiberius Caesar who succeeded him in the Empire of whom we read Luk. 3.1 forbid any man to call him Lord and took it as a reproach cast upon him for any one to call him so And in an Oration he made to the People he useth these words I have often do still afirm that a good and virtuous Prince whom you have entrusted with so great and large authority ought to serve the Senate and all the Citizens often and many times particular Persons neither do I repent of what I have said And I have acknowledged you for my very good and favourable Lords and do still acknowledge the same Thus you see the greatest Emperors of the world confessing themselves to be the Peoples Servants and the People their Lords or
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
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
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
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
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
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
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
or Servant of God a Revenger to execute Wrath upon him that doth evil v. 4. Wherefore ye must needs be subject not only for Wrath but for Conscience sake ver 5. But this can lay no obligation upon our Conscience to be subject unto one who is a Servant of the Devil to revenge him upon those that do well So likewise ver 6. he tells us the cause why we are to pay Tribute to Magistrates For for this cause pay ye Tribute because they are God's Ministers or Publick Servants attending continually upon this very thing What thing is that that which he had mentioned before They are God's Servants continually attending upon your good to praise those that do well to punish those that do evil and this is the cause why you are to pay them Tribute But there 's no such cause to acknowledge unrighteous Rulers but one may plainly invert the words thus For this cause pay them no Tribute for they are the Devil's servants continually attending upon this very thing to injure and oppress you So that I conlude there is no reason or cause why we should be subject to Oppressors and therefore no obligation Object But doth not the Apostle mean Nero because he sayes Let every soul be subject to the higher Powers now it is generally received that Nero was the highest power when the Apostle wrote this Epistle Sol. 1. There are very learned men who do affirm otherwise that this Epistle was written in the dayes of Claudius Caesar but because Histories are so various I shall not insist on that 2. Suppose it had been written in the Reign of Nero either it was written in the first five years of his reign while he ruled well or afterwards when he turned Tyrant If it were written in the first five years of his reign and we should allow that the Apostle means Nero yet this doth no way contradict what I have asserted That it is lawful to resist Tyrants or Oppressors For while he ruled well I shall grant that it was unlawful to resist him But if it were written after the time that Nero turned Tyrant which is that the advocates of Tyranny would have I utterly deny that the Apostle means Nero for these reasons First Because the Properties of this Power which the Apostle speaks of do no more agree with Nero after he turned Tyrant then the Properties of Light with Darkness The Power Paul speaks of is a praise to them that do well and a terrour to them that do evil but Nero was then one of the greatest terrours to them that did well that ever was in the world the greatest Murderer of the Saints that filled the streets with the dead bodies of those that did well The Magistrate Paul speaks of Is a Servant of God to the People for good Nero was the greatest plague one of them that ever was both to the Church of God and the whole world one that murdered Senators Citizens Christians Kindred all manner of persons filled the Rivers with Christian-blood Secondly The Magistrate Paul speaks of is one whom we are to honour vers 7. but Paul himself speaks reproachfully of Nero and calls him Lyon 2 Tim. 4.17 Nay Thirdly By this interpretation the Senate of Rome must be damned because they resisted Nero and condemned him to a most shameful Death which action of theirs was never disapproved of by any man that had not lost his Wits or Conscience or both as it is to be feared most of the Prelates have before they undertake to plead for Tyranny But I conceive it to be meant neither of Nero in the time while he reigned well nor in the time of his Tyranny or any other particular Governour or Governours but of Government in the general as the Ordinance of God and true Magistrates who are conformable thereto as indeed the whole Series of arguments which the Apostle there uses doth evidence The Apostle in that Chapter gives us a summary of the Doctrine of Magistracy the Lord knew that his Church would increase and that the multitude of Believers would be more and more augmented till the Second coming of Christ and therefore he left rules of Magistracy to direct Christians how to behave themselves in conformity to that Ordinance The Apostle doth most perspicuously lay down the Nature and End of Magistracy the duties of Magistrate and People Rulers and Ruled with the grounds and reasons thereof Shewing Christians what is the Magistrates Relation to God and them and what is the benifit and advantage of this Ordinance and perswading them to live in subjection to those who govern according to the Rules of Magistracy but here is not a word of Tyranny or subjection to Tyrants to be found And whereas he bids us Be subject to the Higher Powers that also makes it plain that he meant not Nero or any other particular person for he puts it in the Plural Number taking in all lawful Governours whatsoever as well as the chief Magistrate and it were better rendered the Super-eminent Authorities or the Authorities that are over us and so Judges Mayors and other subordinate Governours are as fitly termed Authorities over us as the Supream Magistrate they are as much the Ordinance of God as he Servants of God to us for good and appointed to punish Evil-doers and a praise to them that do well and the chief Magistrate is not the highest Power for the Peoples power is above his they make him and maintain him and can depose him if he deserve it as the Senate of Rome did Nero for Nero was not the highest Power of Rome but the Senates Power was above his and for his Tyranny they condemned him to a most Shameful Death to avoid which he executed himself Object But doth not the Apostle command us to be subject to the Powers that are it seems by that that whosoever have the Power we must be subject to them good or bad Governours Sol. No such thing For the word translated Powers in its proper and native signification is Authorities or lawful Powers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the whole scope of the place shews plainly the Apostle means no other Powers but just rational and good Governours who are a terrour to evil works and a praise to good The Apostle doth not intend to assert Tyranny or teach us that the unrighteous Powers of the Earth are the Ordinance of God but he means the righteous Powers that are such as God hath ordained for the Good of mankind Object But we receive some good from unrighteous and oppressing Magistrates and though they do not fully come up to the duties God requires of them yet they defend us from Theeves and Murderers and it is better then it would be if there were no Magistrates for then we could not live no man could have any assurance of any thing he calls his Own and for that good we receive from them we are to be subject to them Sol. 1. This Objection
I confess hath been traditionally handed from one to another and been received by those who see more with other men's eyes than their own But whereas it is pretended that Tyrants do us some good in defending us from Theeves and Murderers I cannot apprehend that it is but Gratis dictum for they are so far from defending us from them that they make Theeves and Murderers by destroying Trade and oppressing the People with unreasonable Taxes and Exactions and being patterns to others in Profuseness and Prophaness they daily encrease the number of Theeves and Murderers in the Land yea wicked Governours are the principal Cause of Theeves and Murderers 2. And no wonder they should make Theeves and Murderers for they are Captains and Leaders of that Troop Theeves and Murderers learn of them What are those cruel Exactions that they lay upon us to maintain their Lusts but publick Thefts and doth not the Blood of the poor Innocents cry out against them as Murderers yea surely the Voice of the Blood of those hundreds these men have murdered by filthy Prisons for obeying God's Commands cryes aloud against them Tyrants are the greatest Theeves and Murderers of all 3. We are not at all beholding to them for suppressing or punishing Theeves and Murderers now and then For first They are Partial some Theeves and Murderers they will not punish but if they have Money they may be easily set at Liberty by one subtil Evasion or other Secondly Those they do punish are most of their own making as I shewed before Thirdly And they encrease more continually hang one and make two And Fourthly They do worse themselves than those they do punish And Lastly If we were rid of Tyrants and Oppressing Governours we could take care our selves to set up such as would execute Justice impartially and neither rob nor murder us themselves nor suffer others to do it both which these wicked Rulers do 4. But the reason why we are commanded to be subject to Magistrates is not because they do us some good but because they are Servants to us for good Rom. 13.4 It is a madness to say they are Servants to us for good because they do some good Would you say he were a Servant for good to his Master that would rob him and take away his goods to spend upon his lusts and lay violent hands upon him if he should reprove him because he would work sometimes and keep other Theeves out of the house he is a Servant for good that fulfils his Relation and performs the duty of a Servant And so it is concerning the Magistrate if he do that good which a publick Servant to the People is bound to do he is a Servant to them for Good If he oppress enslave impoverish persecute them though he may do some good yet he is not a Servant to them for good and they owe him no subjection An oppressing Magistrate neither keeps his Relation of a Servant to the People nor answers the End for which he was made Their Good but makes himself their Lord and seeks their hurt and the little good he doth doth not compensate for the great Evil. We are commanded to be subject to the Magistrate not because of some good he doth but because he is a Servant to us for good indefinitely that is all the good which his Office enjoyns him to do us 5. The Apostle gives this reason why we should not resist the Magistrate because we need not fear him if we do well but shall have praise of him vers 3. now though a Tyrant may possibly do some good yet we cannot have praise of him when we do well nay we carry our Liberties and Lives in our hands when we go about the best Duties We cannot meet together to serve God as he hath commanded us but we are in danger of the loss of our Liberties Livelihoods nay and Lives also for many have caught their Deaths in Prisons of late Therefore this pretence of some good is but a meer airy notion instead of an Argument 6. And lastly The Apostle gives this for the reason why we are to be subject to Magistrates and pay them Tribute because they continually attend upon this thing that is doing justice and seeking our good vers 6. not because we receive some good from them as the pretenders affirm but because they make it their work and continual endeavour to do us good Assidue incumbentes some render it but I suppose it might better be rendred fortiter instantes the word denotes vehement perseverance they put all their might and strength constantly to the performance of their Duty But be that neglects the greatest part of his Duty and is careless in his Office or continually oppressing us though he may possibly do some good hath no right to subjection or tribute from the People So that you see plainly what kind of Power God hath forbid us to resist and what Rulers he hath commanded us to be subject unto A Power that is just rational and profitable to us but an unjust arbitrary tyrannical or oppressive Power he hath not commanded us to be subject unto Rulers Magistrates that execute Justice punish evil doers praise them that do well and are Servants to us for good we must needs be subject unto for Conscience sake but no command to submit to Tyrants or Oppressors The same answer is to be made to that in 1 Pet. 2.13 14. that though the Apostle commands us to submit to such Governours as are sent for the punishment of evil doers and praise of them that do well yet he doth not command us to submit to such as punish us for doing well or oppress us And so we are to understand all other Scriptures that speak of obedience and subjection to Magistrates they mean righteous Magistrates not Oppressors 2. A second Argument to prove that we owe the Magistrate no passive obedience in case of Tyranny or Oppression but may lawfully resist him is this That which the Law of Nature teacheth all men to do cannot be unlawful But Nature teacheth to resist all that come to Oppress or Injure us as well the Magistrate as others Therefore it cannot be unlawful If a Magistrate should offer violence to any Womans chastity and unless she should yeeld her Body to him threaten to kill her will not Nature it self teach her to resist him and defend her self if she can If a Magistrate who ought to Protect me and my Relations will come to Murder my Wife and Children doth not Nature command me to defend them and resist him Nature teacheth all creatures to resist injury and defend themselves one way or other and who would be so childish as to affirm that Reason teacheth men to lay aside Self-defence and suffer others to destroy us under a pretence of Authority If we consult with Reason it will tell us that the wickedness of a Magistrate in oppressing us who is our Servant to protect us is far