AN ESSAY Upon The ORIGINAL AND DESIGN OF MAGISTRACY OR A Modest Vindication of the Late Proceed IN England  
By one who Equally hates Rebellion and Tyranny.  
Printed in the Year MDCLXXXIX.   

AN Essay upon the Original, and Design of MAGISTRCY OR A Modest Vindication of the late Procceding in ENGLAND  
AS the Right knowledge of the Supreme Magistrate, is the Basis and Foundation of our Submisions, and the cause of all the Blessings▪ which flow from a well tempered Government, so the Misapprehensions and false Notions that many People, either through Ignorance, or the prejudice of Education, frame to themselves of his Power, are no less remarkable for their contrary effects.  
We fall into two Extremes equally Dangerous, if either we give the People so much Liberty, that the Magistrate cannot go about these great Ends, f●r which he was designed, but like a Weathercock, is turned about at the pleasure of the Mobile; or such a boundless power to the Magistrate, as makes the Property of the Subject altogether Precarious, depending upon the Caprice of an insatiable Monacch.  
To keep a just Balance, we must consider Magistracy as it was first Institute by God Almighty, before it was depraved by the Ambition, Pride, and Avarice of those who were invested in it. So that in its Original, it may be defined, a Power delegat from God, for maintaining Order, rewarding the Virtues, and punishing the Crimes of Mankind; The Application of which power is left free to any independent People or Nation.  
It cannot be doubted, but that God as Creator of all things, might in his own Person have Exerced a Sovereign Power over all his Creatures, which since he was not pleased to do; He thought fit in His infinite Wisdom to appoint his Lieutenants here on Earth, to whom he Communicats some Rays of his Divine Majesty, both to beget a greater Reverence for their Persons, and procure a cheerful Obedience from those that were to be Subject; So that, the profound Deference and blind Submission, which Millions of Men pay to a Mortal; perhaps subject to as many Infirmities as the most part of those he Rules over, can be ascribed to nothing else but the firm Persuasion of a Divine Institution; But that we may the more admire the Goodness of God in ordaining Magistracy, he hath no less proposed Man's happiness then his own Glory, that we might find it our Interest as well as Duty in Obeying; For though Man was born free, And consequently by Nature desirous of Liberty, yet an unbounded freedom, could have done him very little Service in a natural State, when Innocency was no protection from the oppression of the Stronger; But Rapines, Violence and Murder were the chief ways of acquiring Right, in this Universal Chaos, where homo was homini Lupus, nothing was thought Unlawful, that Ambition, Malice or Cruelty could propose, so that the Weaker were driven to a necessity of uniting their Forces against the Stronger. Then began they to Erect Societies and make Laws for Regulating them, the executing of which Laws was Committed to one or more Persons, as the Major part of the Society thought fit to Trust, who had the Name of Captain, General or King; It was He who led them out to Battle, who disposed of Prizes, and punished Malefactors; His Commands were easily obeyed because but few, and all Just, Honest, and profitable. These had not Learned the Arcana Imperij, or secret ways to enslave their People, but their Eminent Virtue and singular Valour, both procured their Dignity and maintained them in it, and having no Sycophant Flatterers about them to abuse their easy Credality, they had not forgot that the People's Liberty was resigned for no other end, but for obtaining a greater happiness under their Protection, than what they could have proposed if every Individual had retained it in his own Person  
There is no other Original of Magistracy to be Learned from Sacred or Profane History, for though the Patriarches had the Government of their own Families, (which by reason of their long Age were very numerous,) yet that right was derived from the Law of Nature and not from any Civil Obligation; They had for the most part no fixed Habitation, but lived as Strangers and Sojourners by the favour of other Princes, and were never modelled into a Common wealth.  
When Domanions were enlarged and Empires began to be erected, different forms of Government were established according to the various inclinations of People, when the Conqueror gave Laws to the Conquered it was called Despotic; But when a free People did enter into a Contract and gave up their Liberty on certain Conditions, it was called a Limited Government, and these conditions the Fundamental Laws.  
This Sovereignty was either entailed upon a particular Family for considerable services done to the Common wealth, or it was only to be held during Life whence Succession and Election.  
There is a Majesty in every free State, which is nothing else but an Independent Power upon Earth tied to no Laws but these of God; these of Nature and Nations, and the Fundamental Laws of a Kingdom.  
This Majesty is either Real, or Personal, Real is that Independency which every free State hath in Relation to one another, Personal, that Right when it's lodged in a particular Person, which though it be inseparable from the Sovereign Power for the greater Splendour, yet it may be violate when the Real remains entire, otherwise the freedom and Independency of a Nation would be extinct by the Death or Captivity of the Prince.  
To Majesty or Sovereign Power, are annexed the Regalia or Regal Rights which are less or more, according to the measure of Liberty given from, or reserved to the People or the Representatives at the first Constitution; For instance, a King may have pow●r to make War and Peace, and yet cannot raise Money, the Legislative Power may be also divided as it's in England betwixt King and Parliament, and generally in all mixed Governments; For that Maxim, That jura Majestatis sunt indivisa, does only take place in an Absolute Monarchy.  
That Power which the People reserveth from the Sovereign is called Liberty, and its either Tacite or Express; Tacite Liberty is the Exemption of such things as cannot fall under the Cognisance of the Supreme Power, which may be reduced to three. 1st. Religion or the Empire over the Conscience, which belongs only to God Almighty. 2dly. The Power of Life and Death till we forefault them by the Divine Law, or Municipal Laws of a Kingdom. 3dly. Our Goods and Heritage's, which cannot be taken from us without a Judicial Process, or when the good of the Common wealth we live in requires a share of them. These three Privileges were ever reserved in the most Ample Resignation of Liberty; The First we cannot give away because not ours, we have right to the second as Men, who are to be Governed by Reason; to the Third as Members of a Society or Commonwealth.  
Express Liberty is a Stipulation, whereby somethings are by express paction eximed from the Power of the Sovereign, by the People or their Representatives, which Reservations are called Privileges; and are either thus established by Contract and Agreement at the first Constitution, or are afterwards granted by Princes, when they would either oblige or gratify their People, as was the Magna Charta in England, and Edict of Nants in France, or when they desire any favour from them, as was the Golden bull, wherein the Emperor Charles the 4th. granted considerable Immunities to the Electors, to engage them to choose the stupid Vensiaslus his Son, Successor in the Empire.  
This Property of the Subject hath ever been the Eye sore of Monarches, though he has as just a claim to it, as these have to their Crowns, and whoever goes about to subvert it dissolves the Constitution, and Forefaults his own Title; since the same Laws that bestowed this at the same time secured that, and maintaining the one was made an inseparable condition of possessing the other. Neither can a Rape committed on our Liberty, be excused upon pretence that Authority is derived from Heaven. For the Great Sovereign of the Universe, ordained Magistracy for the preservation not the destruction of Mankind; and he never sent down any person or Family from Heaven with a Commission to enslave a People or Nation, to whom the Application of the Civil power was left absolutely free: So that they might bestow it on whom and after what manner they pleased; For though God loves order, yet he never approved of Tyranny and Oppression, and he who is all Justice and Mercy can never be supposed to Authorise what is contrary to both. So that whosoever Acts beyond his Commission and destroys the Flock instead of protecting it. Is so far from being God's Vicegerent, that he is to be looked on as the Common Enemy of Mankind.  
The Violation of the Subjects property is called Tyranny, A name which at first did only signify the Regal power, but when Liberty began to be oppressed through the Ambition, Wickedness or Evil management of the Governors it was made use of, to denot the excess of power.  
There are two sorts of Tyrants, those in Title and those in Administration of the Government. The first sort is he, who Usurps the Crown without any Title or just pretence, as did Oliver Cromwell in England, of the other, one who hath a just right to the Crown but postponning the public good, Acts Arbitrarly and contrary to Law: Such a Tyrrant was Philip the Second of Spain.  
The want of a Title or a Bad one may be supplied by prescription, or the subsequent consent of the people, to which perhaps the most part of Princes must at last recur, unless they would derive their Pedigree from one of the Sons of Noah, and instruct an uninterrupted Succession ever since.  
Tyranny is the most miserable condition a commonwealth can be in, it dissolves the Union betwixt King and Subject, and exposes both to all the miseries that attend a civil War, and to the hazard of falling under a Foreign power; Yea even tho a Tyrrant should be successful in his Attempt, yet is he as far from his happiness as ever, for besides the inward remorses that incessantly gnaws his Conscience he suspects all Men, fears every thing, and is most justly hated by all, so that they did not Represent a Tyrrant ill, who drew him si●ting under a Canopy of State feasting in great Riot, with a naked Sword hanging over his Head.  
What Remedy is there then against so great an Evil, are we tamely to subject our Necks to a Yoke so insupportable to the more refined sort of Men, or are we to resist the Supreme Magistrate and Reclaim him by Arms when other means prove ineffectual? The difficulty is great and each opinion hath had its Champion who writ Volumes in defence of their cause.  
The horrid Parricide of King Charles the 1. in the middle of this Age was with great heat and zeal defended by Milton, and Impugned by the Learned Salmasius, who being a stranger to our Constitution, and the Transactions of our Country, (I speak it with Reverence to so great a Man,) did but weakly defend so good a Cause in endeavouring to prove, that Tyranny was not to be resisted, whereas he should have Evinced (as easily he might) that Charles the 1st. was a good Prince and no Tyrant.  
The present Revolutions in England revives the dispute and engages me contrary to my humour, to Impart my thoughts to the public, with no other design then to contribute my m●an endeavours for vindicating the Nations Honour from the heavy Imputations of Treason and Rebellion, and if I can make out that Resistance in some case is Lawful, I doubt not but I shall be easily able to Demonstrate that the present taking up Arms by the Nobility and Gentry of England in Defence of their Religion, Laws and Liberties, is both just and necessary.  
There are three Degrees of Resistance, The first is the taking up Arms against the Civil Magistrate, The second is, The Deposing him, and shakeing off our Allegiance, The third proceeds to the inflicting of capital punishment: Which last seems inhuman, because GOD has placed a certain Sacredness in the Person of Princes, so that none can touch the LORDS Anointed, and be guiltless, and the depriving them off their Crowns, is a great enough punishment, and our injuries are sufficiently repaired, when we are out of the hazard of being any more obnoxious to them; The other two may be allowed of, providing the Remedies be applied by fit persons, after a due manner, and with such caution as a matter of so great importance does require.  
First, By fit persons, as the Nobility, Gentry, and other Representatives of the Nation, who, as they are most concerned in the Laws, are supposed to understand them, and consequently, are the best Judges of Liberty. And they are persons of so much Honour that it were a piece of ill Breeding, to suspect them of partiality. Secondly, The Tyranny must be Evident and Manifest, some few Tyrannical Acts do not constitute Tyranny: private injuries must be suffered, rather than hazard the public peace, there must be a wilful subversion of the Laws, not those of lesser moment, but such as shake the very Foundations of Government. David's Murder and Adultery were very Arbitrary and Tyrannical, and yet did not make him a Tyrant, for Humane Frailty is still to be indulged, seeing on this side of time perfection is not to be expected.  
Thirdly, This is a violent Remedy, and consequently, should be the last, it ought to be gone about with the greatest Deliberation, and circumpection imaginable; when Addresses, petitions, Supplications, and such gentle Methods prove ineffectual.  
Fourthly, The Commonwealth must be in such Danger, that the whole Fabric would otherwise be Dissolved and Overturned.  
Lastly, The effectuating of the Design must be certain, otherwise, we fall into a worse Evil, than what we seek to shun, for Confusion and Anarchy are worse than Tyranny, and a wounded head is better than none at all.  
What is objected against this Opinion from the Old and New Testament, is very judiciously refuted by the Author of the Inquiry into the measures of Submission.  
The second Argument is taken from the Oath of Allegiance, which Subjects swear to their Prince, whereby they engage never to rise in Arms against him. To which it is answered, that this Oath is accessary to the Contract agreed on betwixt the King and People, and so must follow the nature of its principle. The Nature of all Contracts is Obligatory on both parties; so that if one of the parties fail in the performing his part, the other is loosed from his Obligation. As it's in this case, the People Devolve the power on the Prince upon certain conditions, expressly specified; The accepting of a Crown on such Terms, binds the Prince to perform the Conditions, if he does not perform them he ineffect renounces his Right, and tacitly consents that it return to those who bestowed it.  
Lawyers say, that Contracts can only oblige Equals, and therefore no paction betwixt King and Subject can be binding, there is no force in this Argument, if we advert that when this Stipulation was made, the Prince and Subjects were equal and were only distinguished after the power was conferred.  
Thirdly, They instance that this does not bind the Successior, to which its answered, that the Prince engages for himself and Successors, who if they would reap the advantage from their Predecessors, must have also the disadvantage of being tied to the same Rules they were adstricted to. But for the further security none is admitted to the Government till they take the Coronation Oath.  
Fourthly, They upbraid us with the example of the Primitive Christians, who suffered the persecution of Heathen Emperors, with the greatest Moderation and Patience: I do admire as well as they the Constancy, patience, and other Virtues, which these Holy Men were endued with, but their case and ours is quite different. Paganism at that time was established by Law and Christianity condemned, the Professors whereof suffered as the Disturbers of the public Peace, but blessed be GOD, the Law is now on our side, and our Religion is become a great part of our Property, and the peace of our Country, does very much depend on the preservation of it, besides if the Christian Religion had been propagate by Arms, its Worth had been diminished, and the Reputation of the first Founders of Christianity had very much suffered, whereas the Morality and Justice of all its Precepts, the Holiness and Purity of its Doctrine, were of sufficient Efficacy to recommend it, and the Constancy and Resolution, with which the first Christians suffered Martyrdom; were strong Motives to convince the Pagan World of the truth of it. But in our Christian common Wealth where there are no more Heathens to convert, as the robbing us of our Religion, would be the highest Act of in justice; So the parting with it tamely, would argue the greatest Stupidity and inconcernedness at men can be capable of.  
The only Difficulty that remains, is, who shall be Judge of the Prince's Actions, to know when he is a Tyrrant and when not, if it were allowed to the Prince Himself, He would be too partial, if we should constitute a Right in the People, they would be too apt to misconstrue the Prince's Actions: (which should ever receive the most Benign Interpretation that the Subject can admit.) So that to shun bo●h Inconveniencies, the Controversy must be decided by the Laws of the Kingdom. There is just such a Plea betwixt the Church of Rome, and the Protestants concerning a Judge of Controversies, they contend for the Pope as Christ's Vicar; and reject the Scriptures, which we believe are the only Rule of Faith; and that in them all things which relate to Salvation are clearly set down, so that these of the meanest capacities may easily understand them.  
In a Politic State the Supreme Magistrate is Sworn to Rule according to the Fundamental Laws of the Kingdom, which we must suppose are known both to King and People, because they are a Rule to direct the Government of the one, and a measure of the obedience of the other, and were fairly enacted at the first constitution. It's true indeed, that if a Law made by the Civil Power contain any obscurity, The sole power of Interpreting that Law belongs to the Lawgivers; but we must imagine the Fundamental Laws full of perspicuity, and except there be a notorious Violation of them, resistance can never be lawful.  
What has been said on this general Head, will not answer the design of this paper, if it cannot be applied to the present State of Affairs in England: For it is of no purpose to prove that Tyranny is to be resisted by Arms, unless we make it appear that the English Government had altogether Degenerate into Tyranny, and that the taking up of Arms under the Auspicious conduct of his Highness the Prince of Orange, was no rash Act, but done after matture Deliberation, and withal the circumspection that an Affair of so great Importance did require.  
The great and earnest endeavours to have the Bill of Exclusion past, did sufficiently evince, what fears and Jealousies the Parliament had of the danger to which their Religion and Liberties would necessarily be exposed under a Popish Successor: His Majesty's behaviour since he came to the Crown has clearly demonstrate that these Fears were not groundless, for not being con●ent to Introduce the Popish Religion so much contraire to Law, He hath endeavoured to alter the whole frame of the Constitution, and swallow up all our Liberties and Privileges in an Arbitrary and Despotic Power.  
1. The first step was made against the freedom of Parliaments, (which makes up a great part of the Government by their having a share of the Legislative Power lodged in them) by their Issuing out Quowarantoes against all the burgh's and Corporations in England, the most part of them either through fear or force did surrender their Charters to the King, who placed such Magistrates in them as he was most assured of, and by this means did altogether invert the freedom of Election.  
2. Nothing can be more contrary to Law, than the erecting of Seminaries of Priests and Jesuits in all the Capital Cities of his Dominions, yea such confidence hath he reposed in that Order, that he hath committed the direction of his Conscience to one of its Fathers, and was not ashamed to own himself a son of the Society.  
3. His pretence to a Dispensing Power, was no mean breach of his Coronation Oath, for by it he Usurped the whole Legislative Power; And would have imposed on the People (in procuring the Votes of the Twelve Mercenary Judges) if they had not wisely foreseen the dangerous consequences, and feared that his Majesty would farther oblige his Roman Catholic Subjects by Repealing all the Laws that were Enacted in Favours of the Protestant Religion.  
It was by virtue of this Dispensing Power, that the Ecclesiastic Commission was established, the Bishop of London suspended, the Fellows of Magdalen College turned out; And because the Bishops of England would not so far Justify his Illegal Pretences, as to cause their Clergy read the Declaration for Liberty of Conscience from their Pulpits, they quickly saw all the fair promises made to them Vanish, and the Loyal Church of England was first branded with the infamous Character of Trumpeters of Rebellion, and afterwards treated as the worst of Criminals, a very bad recompense for that great zeal, with which they had ever Preached up the Impracticable Doctrine of Nonresistance.  
4. In Prosecution of the Blessed Design of Reducing Heretieks to the See of Rome, all ways were taken to discourage Protestants, who were not only debarred from Offices and Employments of any Trust, unless upon such Conditions as the Court pleased to Impose, but were even turned out of these that had been Heritable to their Families; and a great part of the Militia was entrusted to Roman Catholics, of purpose to Oversaw the Parliaments, in case the next Assembly should have proved stuborn.  
5. Tho by many Laws the holding correspondance any way with Rome be declared high Treason, yet hath his Majesty had his Resident there, and received his Nuncio here, to the great scandal of all good Protestants, and true hearted Englishmen; For it's in effect a Subjecting the Kingdom to a Slavery, from which our Ancestors had most gloriously delivered us. These things were acted in face of the Sun, and none can deny them without renouncing the most comfortable of all his senses: Yea, the King himself did sufficiently acknowledge them, by his sudden restoring the City Charters, Magdalan College, and some other of the grosser sort of Abuses, upon the first Information ●e got of the Prince's Declaration.  
The King's old Age, and the fair Prospect of a Protestant Successor, made us suffer these things patiently, because we hoped to be very shortly delivered from them, but to despair us, and cut off all our hopes, and to punish the Prince and Princess of Orange, for refusing to comply with the Kings Will, there is a sudden rumour spread of the Queens being with Child, which as it did alarm the whole Kingdom, so it made these who were most concerned be at some pains to be assured of the truth of it, and yet after their most exact enquiry their doubts were increased.  
The Court was not ignorant of all this, and yet would not give themselves the least trouble to satisfy them, though they had the greatest Interest in the world to do it.  
The place of the Queens lying in, was so uncertain, and the management of the Birth so mysterious, the sending away the Princess of Denmark, the Imprisoning the Bishops in the Tower, gave more than probable grounds to suspect an Imposture, and though these be but presumptions, and have not the strength of a full Probation, yet they transfer a necessity of eliding them by clearer evidences.  
Thus our Religion, Liberties and Laws being ready to sink, when Gentle methods had proven ineffectual, when Addresses and Supplications, even from the most Loyal part of the Nation, were counted so many Acts of Treason, it was high time to recur to that remedy which nature seems to dictate to every individual in its own defence.  
That zeal with which his Highness the Prince of Orange, had ever espoused the Protestant Interest against all its Adversaries, made the Nobility and Gentry of England unanimously pitch on him as the fittest person to be their deliverer, and both He and his Princess being so nearly interested in the Succession. No rational Man can blame him, for appearing in Arms and demanding satisfaction that way, which hitherto had been refused him▪ If the Remedy had been delayed, it's more than probable, the greater part of the Nation had fallen a Sacrifice to Popery and Arbitrary Government.  
I shall conclude all with a short Reflection upon his Majesty's leaving the Kingdom, and going for France, which Action alone hath done him more hurt, than all the rest together, for by Depriving Us of that protection which we might expect from his Government; He loses his Subjects from that Allegiance they swore unto, upon no other Condition then so long as they should enjoy so great a benefit: Nei●her can any who knows his Majesty's Temper, impute his flight to Fear or Cowardice, but rather of his being conscious of a certain guilt, which did banish him from one of the greatest Stations in the World, and rob him of that Bravery and Resolution that he is naturally ended with, and which though he had wanted, yet Innocency had supported him, and made him outbrave all the Malicious Calumnies of his Enemies, with such a heroic constancy of mind, as seldom or never fails to come of Victorious.  
The Prince had also acquainted him in his Declaration, that he had no other design in coming to England, than to refer all the Grivances of the Nation and his own Pretences to a Free Parliament; Neither the King nor any man else, could ever accuse this Prince with the least breach of promise: And though he had been wanting in that Reverence, that is due to the Character of an Uncle and Father in Law, yet the Princes own Interest had secured the King from any harsh Treatment, for if any thing had been attempted against his Person, the Nations Eyes had been opened and would have seen clearly, that these specious pretences of Liberty and Property, were but so many Delusions, and such a Treatment certainly had deserved the greatest Resentment.  
But if the King must needs go, can he find no place for shelter but France? Where so much Protestanr Blood hath been so lately shed, with the greatest Cruelty and Barbarity that ever was heard; He cannot be ignorant that his Subjects have a natural Aversion for that Nation, and that his closely and constant Correspondence with its Monarch, gave them just Jealousies to apprehend, that there was more than an ordinary Friendship betwixt them, which was every day increased, by his Copieing so near the methods that had been used in that Nation, for suppressing the Protestant Religion and establishing Arbitrary Government. And if the King have any hopes to reduce his Subjects by Invading them on the Head of a French Army, he will find them but ill grounded, for instead of reconciling them to him, so dangerous and improper a method would even alienate the hearts of his best Friends, and Britain would show itself as forward to Fight against Popery and Tyranny, as it was averse from giving proofs of its Courage, when it must needs have been fatal to Liberty and the Protestant Religion.  
FINIS.