TYRANNY NO MAGISTRACY, OR A modest and Compendious Enquirie into the nature, and boundaries of that Ordinance of MAGISTRACY.  
WITH An essay to Demonstrate its specific distinction from Tyranny.  
By an Enemy to Tyranny and lover of true Magistracy.  2 Sam: Chap. 23. verse 3. 
He that ruleth over men must be Just, ruleing in the fear of God.  Prov: Chap. 28. verse 15. 
As a roaring Lion and a rangeing Bear; so is a wicked Ruler over the poor people.  
Printed in the Year 1687.   

AS Magistracy, that excellent ordinance of God (whereon much of his Sovereign Majesty and glory is impressed) is not amongst the smallest privileges of the sons of men; they being thereby not only preserved in their well and better being, but even in their real and true being; enjoying thereby, not only Religion, Right and Property, but even life, freedom and safety from all the other inconveniences in the world; and that whilst these due bounds and limits, which God has appointed in his Word, and given men to know by reason, are so strictly observed, that Magistracy is thereby preserved; so, when through the breach thereof there is a full perversion into Tyranny, that, which once was the greatest privilege and blessing, does then become the greatest misery and curse, according to that maxim, corruptio optimi semper pessima. But such a plague (and so much the greater, that the world hath been rather doting on, then seeking a remedy against it) hath overtaken this generation, that very properly an allusion to that of Isaiah may take place, Isai. 44. ver. 16. Where he speaks of such as take a piece of wood and burn part thereof in the fire; with part thereof he eateth flesh: roasteth roast and is satisfied; yea he warmeth himself and sayeth Aha, I am warm, I have seen the fire. And the residue thereof he maketh a God, even his graven Image; he falleth down unto it and worshippeth it, and prayeth unto it, and sayeth, deliver me; for thou art my God. Such hath been the madness and folly, even of the true Christian world, that they have set up persons most unfit for Government; and enlarged their power beyond the due limits, that tyranny and oppression in the very abstract has been visible both in their persons and Government, and yet worshipped as so many Idols, and all absolute obedience and nonresistance pleaded for, to an absolute power and tyranny. One great reason whereof is, that foolish notion of the sacredness of power in possession, never enquiring into right and title; and the due distance, distinction and boundaries of Magistracy, and Tyranny, that are as specifically distinct, as right and robbery: honesty and knavery: a blessing and a curse. Hence nothing would be more useful and advantageous to the world, then to be induced to a serious inquiry, how these are to be distinguished by their true characters. And that the matter may be the more clearly illustrate, the question shall be stated thus;  
What is it, that makes a just and lawful King, or Magistrate, and doth continue them such.  
The which question shall be answered; first, negatively, and then positively: Negatively, by removing what it is that doth not: positively, in a plain asserting and proveing what it is that doth. In the negative part, there are these two would be removed; first, that it is conquest that doth it; and secondly, that it is an hereditory title that doth it.  
That conquest is not that which doth it, will easily be granted by all men; for a man by violence may mount a Throne, and yet be no just and lawful King. Absolom did mount the throne, and yet was no just and lawful King, as in 11 Sam. 15. Chapt. more particularly it is to be observed in the 19 ver. where David designs him by the title of King, which in effect was only an usurped title, he having come to it only by violence and robbery. Zimri did the same, and yet was no just and lawful King, as in 1 Kings 16. from the 9 ver. we find his conspiracy against his master and killing of him: and after his establishment upon the Throne, a destroying of all the house of Baasha, and in ver. 16. when the people heard thereof, they made Omri King over Israel in the Camp, and in the 17, and 18, ver. Omri pursued him, and took the City, so that Zimri went into the Palace of the King's house and burned' the same over him with fire. Athaliah destroyed also all the seed Royal of the house of Judah, and by violence took possession of the power, as in 2 Chron. 22. ver. 10, 12. And yet Joash is made King, and she destroyed; as in the following Chapter 12, 13, 14, ver. Many more examples of this nature might be added: but we shall only say this by way of argument, and so have done; that seeing neither the word of God, nor reason does command, or allow a King, or any other Magistrate to mount a Throne, and accordingly to take possession of the power by violence, and that it would be a thing of most dangerous effects, if the minds of people should be possessed with any such principle; (for there is such a lust and propensity in the hearts of men to govern, that they would seek out all occasion to destroy the very best of Magistrates; and thereby the people might be robbed of the very best of Governors and Government: for the same principle that makes a man usurp a power, makes him also usurp an unjust and unlawful power,) it's evident that conquest makes not a good right. Now this being ended, our next is to inquire into that of an hereditory title, and we shall state the argument thus;  
Quest. Whether or not doth an hereditory title really in itself give a full and real power to a King, and thereby make him a just, and lawful Magistrate.  
Answ. That which neither in itself, nor by the Law of God, nor reason is necessary, or essential to the being of a King, can never make a King; but an hereditory title neither in itself, nor by the Law of God, nor reason is necessary, or essential to the being of a King; therefore hereditory title can never make a King. The major I hope none will deny; the minor I prove thus; as for the first part of it, Viz: that an hereditory title in itself, doth not make etc. It is clear that hereditory title in itself, dot not make a King, or than Kings could never have been made without it, but Kings have, are, and may be made without it, Ergo etc. And as for the latter part, that the word of God, nor reason does not allow of it, nor command it, I prove thus,  
That which doth expressly thwart and contradict the word of God and reason, must be inconsistent with the word of God and reason; but that an hereditory title should be necessary and essential, and accordingly make a King doth expressly thwart and contradict the word of God and reason, ergo etc. which I prove thus,  
The word of God, and reason do expressly command and allow that a Magistrate should have suitable qualifications for the office, as in Deutr. 17. from ver. 15. there the qualifications of a King are held forth and commanded; I shall only mention one of those, which is this, that he should not be a stranger born: which does clearly import that he should not be of a strange Religion; for the reason why the Lord did lay such strict commands upon his people not to marry with strangers, was not but that they had the bodies of men and women as good as they, but that they were of a strange Religion and might draw them away to Idolatry; and seeing the word of God does expressly command these qualifications as necessary and essential, certainly reason does command and allow that a people should have a respect to the glory of God, their own good and safety, and accordingly make non King, but such as have these necessary and essential qualifications: but that hereditory title, (which many do boast of,) does allow and essentially make him a King, whether he have these qualifications, or not; though he should be born a monster and not a man; a mad man and not a sober man; a fool and an idiot, and not a wise man; a stranger and of a strange Religion, and not a native, nor of the Religion of the Land; yea though he were given to all manner of wickedness, yet he is said to be a born King, and accordingly the Lords anointed: which is altogether inconsistent with the word of God and reason. But that we may give satisfaction more fully to all persons concerning this matter, let us inquire yet a little further into the nature of this hereditory title, who it is that gives this title and what it is they can give. I know that some of the vild of the earth, who would flatter Princes and cheat the people out of their rights and liberties do plainly say, that it is God only gives it, and that all Kings have their right and power only, and immediately from God and so are accountable to none but God. I would gladly know where those Kings got these ladders, by which they went up to Heaven to get those rights devolved upon them, and their Families, or if there be such a thing recorded in Scripture, that such and such men should by an hereditory title Reign as Kings on the earth, and in such and such parts of the world, or if this right of reigning must only and immediately flow from the people. There is nothing more certain than, that it is the gift of the people, if it be not the effect of conquest, which is already spoke to, and excluded. And therefore we shall next consider what a people can give, and what the extent of this hereditory title can be. And it must be understood, that a people can give no more than they have to give, which is, that if they be persons so and so qualified for the office; then they shall be preferred before others to such an office: but if a people should absolutely say and determine that such a race and Family should be their born Kings, that were to take God's power unto them; for it is not in their power to bring such a thing to pass in respect of these many natural accidents that are in the way, yea it were the very way to make themselves slaves; and to bring that curse upon them, that is there threatened in, Hos: 8. ver. 3, 4. and accordingly to forfeit God's protection. So that the extent of this hereditory title being only a promise in the people that such a race shall succeed to such an office being qualified for the same, it must of necessity follow that the people must be Judges of this matter: for no foreign power can determine therein, the people being only and immediately concerned therein. Let us now go to the case of Saul and David, and there we find, though Saul had God's absolute promise for it from the mouth of the Prophet (for none can make an absolute promise of this nature, but God only) and that also the Prophet did confirm the same unto him by anointing him with oil, and telling him whom, and what he should meet with by the way; yet all this did not make him King: for this was only a secret act of the Prophet, whereby he did make known God's mind and promise unto him; for when Saul was made King, the people were gathered together for that purpose, and presented before the Lord by their trybes and by their thousands: and when Saul was taken by lot, he was lying hid amongst the stuff, being it seems afraid and doubtful, whether he should be chosen King, or not; as you shall find in 1 Sam. 10. ver. 20, 21, 23. And accordinly David, though he had the Lords promise in the same manner, yet he was not really King for many years after, until the death of Saul; and he was first made King of Judah; and did Reign seven years and six months, before he was made King over Israel, until all the tribes went to him in Horeb, and David made a League with them, and then they anointed him King over Israel. Now seeing we find clearly the Lords promise (which was absolute) was not that which did really make them Kings, far less doth the lame promise of the people do it, which (we have made manifest already) may come to nothing. I know some do allege that there was an hereditory right settled upon the house of David: but we find that it was only a secret promise of God to David upon conditions, that if he and his family should keep God's Covenant, than the Lord in his providence would so order it, that there should not be one of the family wanting to sit, upon the Throne, and this promise was not made to David simply as he was a King; for than it should rather have been made to the house of Saul; because he was before him: for God did bless him with several blessings that no King on earth can pretend to; as his being a Prophet, and Christ's coming out of his race. Yea that Prophecy and blessing of Jacob to his Children in the 49. of Genesis, ver. 10. The Sceptre shall not depart from Judah, nor a Lawgiver from between his feet, until Shiloh come, was fulfilled in the person of David and his house; as we shall find by David's own words in 1 Chron: 28. ver. 4. Howbeit the Lord God of Israel chose me before all the house of my Fathers to be King over Israel for ever: for he hath chosen Judah to be the ruler; and of the house of Judah the house of my father; and amongst the sons of my father he liked me, to make me King over all Israel, etc. I know some do allege this hereditory title to be the absolute promise and gift of the people and therefore becomes as really the right, and property of that race and family, to whom it is given, as any other estate does go-from father to son. Although there be anough said both from Scripture, and reason sufficiently to answer the same, yet we shall come to matter of practice in these Nations, where this hereditory title has been most in use. And in the first place, we shall consider the reason of this hereditory title, the title itself, and the practice of the people concerning those, to whom it did belong.  
As for the reason thereof, there can be no other reason given then this, that often times families fell a contending for the Government and thereby the shedding of blood was occasioned, and therefore the people (to take away this inconvenience) thought fit to settle the title to an office upon a particular race.  
As for the title self, though the very words granting it, may seem to be absolute, admitting of no condition, or qualification whatsomever; yet it cannot be thought, that any Nation who known any thing of a God, much less a Christian Nation, and of the Reformed Religion would ever set the power and providence of God so at nought, as not to respect the same in the doing of this very thing: for though men do frequently say, that they will go such away, or do such a thing, yet it is always understood, that they do respect the power and providence of God in this matter, that they neither can go any way, or do any thing, without God concur with them in giving them those necessary qualifications, as health, strength, reason and understanding; and every way make his power and providence good for them therein. So it must be understood of such a Nation, when they give such a right, that as they are lead by some reason for the doing thereof, so they do not intend thereby to destroy reason, Religion and nature, and accordingly to set the power and providence of God at nought. For it were against reason, Religion and nature, and a defying of God's power and providence for a people to give up themselves blindfoldedly to such a race, in such an absolute manner as that. And as for the practice of the people concerning those to whom this title did belong, we shall find, that in Scotland, England and other parts of the world, when the people did find that those persons, to whom this hereditory title did immediately belong, were unqualified for the office, that they have taken it from them, and given it to the next in line being more qualified for the same. Now if this promise and gift had been so absolute, as some do say, so as that these persons by their birth had been Just and lawful Kings, it had not been in their power to have taken the same from them. But seeing we have said anough from Scripture, reason and the practice of the people to prove that this hereditory title neither in itself, nor by the Law of God, or reason, is necessary, or essential to the making of a King; and that it is inconsistent with the word of God & reason, that a King can be made thereby; let us now consider what it is that doth really make a Just and lawful King, and continue him such.  
It is necessary to be considered, that no supreme Magistrate comes justly to the power without the call and election of the people; and that the people are to call and elect non, but such as have those necessary and essential qualifications.  
First, that he be a man; and not a monster. Secondly, that he be a prudent, wise and sober man; and not a fool, an Idiot, or a mad man. Thirdly, that he be of the true Religion of the Land; and not of a strange Idolatrous Religion. Fourthly, that he be Just and upright. I know, no rational man will object against the first two, and therefore I shall labour only to prove the absolute necessity of the last; that he be of the true Religion of the Land; and not of a strange, Idolatrous Religion: and I do it thus; First, the Lord has commanded it in his Word; secondly, reason does also enjoin it. Thirdly, from the bad consequences that may follow, if it be not. Now that the Lord has commanded it, is clear from that of Deut. 17. ver. 14. It is like some will object, that this command was judicial and only binding upon the Jews, they being more immediately under Gods own Government: but if the Text of Scripture be considered, there can be no such mistake: for this is a Government common to other Nations, to which God grants them a liberty, these due measures being observed, which a people, or Nation (who do worship the true God in the true manner) ought to secure their Religion and liberty by. Now that reason does enjoin it must natively follow; for that people, who would secure their Religion and Liberty, could not at all be accounted men of reason, if they should set up an Idolater to be their King. For it is too well known to the true Christian world that no bonds can bind an Idolater, (especially a Papist) who by the nature of his Religion and these his religious vows, does not only stand at liberty, but obliedged upon all occasions to break all vows and Oaths whatsomever, to those of the true Religion, when it does in any measure prove consistent with the destruction of the true Religion, and the advancement of Idolatry: and it must also follow, that the worst of consequences will attend thereupon. For thereby a people are guilty of rebellion against God by not observing, but rather forsakeing those due measures, that the word of God and reason has commanded, and do accordingly forfeit God's protection: and it must of necessity be said, that they have cast off that which is good, and that the enemies shall pursue them, as it is said of that people, Hos. 8. ver. 3, 4. And as the worst of misery must follow thereupon, so it must be acknowledged, that they have brought it on with their own hands. And so long as they continue unpenitent for this their rebellion against God, and treachery to their native Land, they can not pray with hopes that God will either help, or relieve them out of their misery.  
And that he be Just and upright, is most absolutely necessary: for that Magistrate, who is not Just and upright in his office, can no more be said to be a Just and lawful Magistrate, than a thief, or a murderer can be said to be an honest man. David in his last words gives this as a thing most absolutely necessary and essential to the real and true being of a Magistrate, in 2 Sam. 23. ver. 3. The God of Israel said, the rock of Israel spoke to me, he that ruleth over men, must be Just, ruleing in the fear of God: This Text of Scripture does not say, that it is necessary he should be Just, so as he might be the better Magistrate (for that were only necessary to the well being of a Magistrate) but that he must be Just, so as without it he cannot at all be accounted a lawful Magistrate: and accordingly Jethro, Moses Father in law gives this also, as a thing most absolutely necessary and essential to the true being of a Magistrate, Exod. 18. ver. 21. Moreover thou shalt provide out of all the people, able men; such as fear God: men of truth, hating covetousness, and place such over them etc. And it is a thing well known to all the world, that the want of this can not be dispensed with in any manner of employment whatsomever: for the meanest treadsman is obliedged to be Just and upright, or if otherways he be found to malverse in his office, by cheating of people, he can no more be looked upon as a Just and lawful treadsman, but a cheat and a rogue. Now as it is most certain that the electing and chooseing of a King is the proper, true, Just, and radical power of the people, and that they for their convenience, further good, and safety do choose a King, so for their convenience they do not now meet by their tribes and thousands, as in the days of old: but do choose their representatives, and the representatives the King. So that if the representatives malverse, the people may call them to an account, and if the King malverse, the representatives may call him to an account; and if both malverse, the people may call both to an account: for both are chosen for the convenience, good and safety of the people & derive their power only, and immediately from them, as the only qualified under God for giving the same unto them.  
Now it is to be considered, when a people do call and choose a King, that there are terms and conditions agreed upon by borh parties; the people they do convoy and give into his hands the Just and lawful power of the supreme office in the state, and accordingly he does receive the same from them, promising faithfully to hold, possess, or use no other unlawful or tyrannical power: but by virtue of that Just and lawful power, to maintain and preserve all those rights and privileges; wherewith God has blessed them, both sacred and civil, and as the people's Magistrate to exercise the same for the glory of God and their good and safety: for there is nothing more certain, then that all Magistrates whatsomever are really ordained of God, and do receive their power from the people to minister thereby for their good; and accordingly the people do promise to maintain and descend them as such; This appears further from 1 Kings 12. ver. 7. The old men, when they gave their advice to Rehoboam, it was to this purpose; And they spoke unto him, saying, if thou wilt be a servant unto this people this day, and wilt serve them; and answer them, and speak good words to them; then they will be thy Servants for ever. Now when this man, who is to be their Magistrate, has this power convoid unto him by the people, and does promise to the people; to maintain, preserve and accordingly to act by virtue of the same, it must necessarily follow that he is either really sincere and upright in his undertakeing and promising, his heart being fully determined to comply with the mind and purpose of the people, and accordingly to become the Minister of God for good to the people, having nothing else before his eyes but the glory of God, the good and safety of the people, over whom he has that charge, or then he is falls and treacherous, and does only dissemble with them, takeing occasion thereby only to possess himself of the power, that then he may act according the purpose of his own wicked heart; if he be real and sincere in his promises to the people, there is nothing more certain than that he is a Just and lawful Magistrate; but if otherways he be falls and treacherous, and does only take occasion by his thus receiving of the power, to change the same unto an unjust, unlawful, arbitrary, wicked and tyrannical power, and accordingly to rob them of their rights and privileges, both sacred and civil at his pleasure, than he can not at all be said to be a Just and lawful Magistrate, but a deceiver and a tyrant: for a people can do no more, than put a Just and lawful power in his hand; and accordingly to cloth and possess him with the same: but it still remains that God give him that grace of justness and uprightness to maintain, preserve and accordingly to act by virtue of the same, as Prov. 8. ver. 15, 16. By me Kings Reign and Princes decree Justice. 16. By me Princes rule and Nobles, even all the Judges of the earth. Now, though there may be some that pervert and wrest this Scripture to a proveing that Kings have their power immediately from God, yet the true meaning of it is, that a King being lawfully chosen and set up by the people, it's God that gives him the Spirit of Government, whereby he is in a capacity to exercise that function, whereinto he is first installed by the people; so that it does sufficiently prove what we were saying. For when a people has brought a Magistrate to a Throne of Justice, and accordingly put a sword of Justice in his hand; if he from the wicked purpose of his heart shall immediately leave and forsake that Throne of Justice, and go to a Throne of iniquity; whereby he shall fraime and establish mischief by a Law, and change that sword of Justice into a sword of injustice, by destroying that very interest, which he should have maintained; and become a murderer of those, whom he should have defended, there is nothing more clear and certain than that he is no longer a Just and lawful Magistrate.  
Now this is to be known several ways; one way is this, that so soon as he has received that Just and lawful power from the people, and finds himself well fixed therein, if he shall immediately declare his falls teracherous, and sinistruous end in receiving that power, and that he was only dissembleing with the people in all his vows and engagements, that were upon him, to them, and accordingly formally renounce those very vows and engagements that were upon him to the people, and declare himself an enemy to that very interest and people, which he should have preserved and defended; then it is most clear and certain that he is no Just and lawful Magistrate. The next way is this, that though he should not do it in such a formal way, yet he may do it practically, as many have done, who did not find it their interest in a formal way to renounce their vows and engagements, but upon the contrary have endeavoured what they could to blind the eyes of the people, by all fair promises whatsomever, and yet nothing has been more clear and certain, then that their practice has been quite contrary; and that the people have found to their sad experience many a time; as those two Queen mary's of Scotland and England, both of them at that very instant of time, when they were destroying the Protestant interest, and murdering true Protestants were not wanting by all fair means to persuade the people of their resolute and unchangeable purpose to maintain the same. I know some will object, and say that though a Magistrate be found qualified for the office, as to all outward appearance and have the power lawfully convoyed to them, yet the people are still uncertain, whether he be their lawful Magistrate, or not; and so are not obliedged to maintain and defend him as their Just and lawful Magistrate, or give him any obedience, as such. To which I answer, that when a people do diligently inquire into the qualifications of a Magistrate, and as to all outward evidences, they are assured and convinced of his suitable qualifications for the office; and accordingly do convoy unto him the Just and lawful power belonging to the office; though his heart be falls and treacherous, yet he is to them a Just and lawful Magistrate, so long as he doth not discover any thing to the contrary. Neither is every act of wickedness in a Magistrate, that which doth really unmagistrate him; though I hope non will deny a Magistrate ought to be as circumspeck as any other: for certainly he, who is to punish vice and wickedness, should not be a bad example to others. I know some do allege that a King is above the Law, and may do what he pleaseth: but none will say so, but Court-flatterers; and none will pretend to such a power, but tyrants and oppressors: for a person, who pretends to be above the Law of a Nation, does thereby exclude himself from the society: that being nothing else but a consociation of many persons of what ranks somever under common Law, and so is incapable of any office in that Nation: but when a Magistrate does either formally, or practically break his Faith to the people by proveing falls and treacherous, and does thwart and contradict the very end, for which he was ordained, and becomes a destroyer and murderer of that very interest and people, which he should have preserved and defended, he does then sufficiently demonstrate himself to be no lawful Magistrate, but a tyrant and an oppressor. Some do object, I know, and say that a Just and lawful power being once convoyed unto a Magistrate by the people, even though he should malverse never so much, and act never so wickedly in the power, yet still he does remain a Just and lawful Magistrate, until that power, which gave him the power, do in the same manner take the power from him. Though what I have said already does sufficiently discover the weakness of this argument, yet I shall give a particular answer thereto. As it is only in the people to give a moral, external power, so as to render him a lawful Magistrate, upon supposition of his justice and other necessary qualifications, which are gifts of God; and that it does still remain that God give him that internal and effectual power, whereby he does become really and in effect a Just Magistrate, as in that forecited place of Proverh. 8. ver. 15, 16. so the not formally takeing away this moral, external power, does not at all continue him a Just and lawful Magistrate: for when a murderer commits a murder and afterwards is brought before a Judge, and sentenced to die for the same; it is not the sentence of the Judge that does really, materially, and in effect make him a murderer, but only formally and declaratively, and accordingly punishes him for the same; but it is his committing of murder, that does really, materially and in effect make him a murderer. For though he should never be brought before a Judge, or receive the sentence of death, yet from his very committing the act of murder he is really, materially and in effect a murderer. So that it is very strange that some are pleased to say, that a Magistrate having once the power convoyed unto him by the people though he should act never so wickedly, yet the power does still remain the same, so long as he is not formally divested; and that these acts of wickedness are only the bad exercise of that lawful power, which was given him of the people; whereas Gods withlolding the qualification of justice, and other qualifications supposed, the power granted upon the supposition falls ipso facto, without any declarative sentence; and the people have a right whenever an opportunity occurs to reject such a Magistrate. And it is, as impossible that a Just and lawful Magistrate, by virtue of a Just and lawful power, can bring forth acts of wickedness, as it is impossible for a good tree, by virtue of its goodness, to bring forth bad fruit. For the exercise of the power is, as the fruit from the tree; so that if the exercise of the power be wicked and unjust, there is nothing more certain, then that the power itself must be wicked and unjust; and that, which once was a Just and lawful power, must be changed into an unjust and unlawful power. For as a tree is known by its fruits, so is the power known to be Just by the good acts thereof. And when our blessed Lord and Saviour was charged by the Pharisees of possessing a wicked and bad power in casting out of Devils by the power of Beelzebub the Prince of the Devils, he gives no other reason for a certain proof of the goodness of that power, by which he acted, than these very good acts thereof, as Matth. 12. ver. 24, 25, 26, 27, 28. The Apostle Paul, when he does commend obedience to higher powers, as those powers, which are ordained of God, warning them not to resist the ordinance of God, he does not leave people in the wilderness, but gives this as the certain and true Character of Just and lawful Magistrates, that they were not a terror to good works, but to the evil, and that they were the Ministers of God to the people for good, Rom. 13. ver. 3, 4. And accordingly the Apostle Peter, in his 1 Epist. 2. ver. 14. gives the same Character, that they are for the punishment of evil doers, and for the praise of them that do well. So that this is the very Character by which Just and lawful Magistrates are known to be such; I know some will object and say, that the Apostles gave command to obey these very Magistrates, who were then in place; and they were the quite contrary; for they were not a terror to the evil works, but to the good, But I hope non, who are in any measure acted by reason and Religion will ever allege, that the Apostles did thwart and contradict themselves, or that they were lying and dissembling to the people: but that this was given as a standing command for all times to come; that the people should give obedience to those Magistrates, who should act by virtue of God's ordinance, and therefore gives them the certain and true Character, by which they shall know such Magistrates, so that the Apostles doctrine, doth not atall clash with the necessity of obeying God rather then man. But I know some do allege that Paul gave obedience to those very Magistrates, and did appeal unto Caesar, who was a wicked tyrant, and thereby did acknowledge them to be Just and lawful Magistrates. To all which I answer, that neither the Apostle by his practice consonant to his precept, doth acknowledge Caesar's being a Just, or lawful Magistrate; nor yet doth his precept, which is certainly perpetual, extend beyond the case and state of the people he written to; to wit the called to be Sanctes, who were in Rome, Rom. 1. ver. 7. no great number not to the whole body of the Roman people: than it is concerning a power established, though not lawfully, or by consent of the people; yet by the ordinance of God, for his own wise ends, which doth neither communicate justness, nor lawfulness to that power, but single possession. For though God in his Justice sets up a tyrant, who has no pretence of right, for a people's punishment, and that tyrant's possession of power is an ordinance of God for a time; yet the invader is neither Just, nor lawful Magistrate, as it's like non will deny: but such as he is, Magistrate in possession, the debelled and subdued by him, (according to the Apostles practice and doctrine), are free to plead before his Courts, and obliedged to submit to their civil sentences, not only for wrath (which is a good reason of prudence here allowed, they not being in a condition to remove his yoke from them) but also for conscience sake, discerning clearly, that God has ordained that power to be over them, or them to be under that power, until he send an opportunity of outgate and deliverance, which, none can deny, they are obliedged to lay hold on whenever it presents. But that the Apostles doctrine commanding subjection to that ordinance of power, and his practice of appealing to Caesar may be the better understood, it's fit to consider what he writes to the Corinthians 1 Epist. 6. ver. 1. Dare any of you, having a matter against another, go to Law before the unjust, and not before the Sanctes? He rebooks them in the 7. verse. Now therefore this is utterly a fault amongst you because ye go to Law one with another; why do you not rather take wrong? why do you not rather suffer yourselves to be defrauded? There is utterly a fault in you that you have pleas amongst yourselves, each of you should deal justly with all men of choice, voluntarly, and without need of being compelled. Nay (ver. 8.) you do wrong, and defraud, and that even your brethren. Here is the highest degree of the fault: but to the persons wronged he says vers 7. why do you not rather suffer yourselves to be defrauded? then have a plea with your brethren? before what ever Judge it be (as the text most clearly imports) non must think, that there is here a command not to implead a brother, as is clear by the 2, 3, 3, 4, 5, ver. Do ye not know that the Sanctes shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters? 3. Know ye not that we shall judge Angels, how much more things that pertain to this life? 4. If then ye have Judgements of things pertaineing to this life, set them to judge who are least esteemed in the Church. 5. I speak to your shame. Is it so, that there is not a wise man amongst you? No not one, that shall be able to judge between his brethren. Nor yet is it commanded as a positive duty to suffer defraud from a brother, much less in such a measure as is inconsistent with what the Apostle writes Rom. 12. ver. 17. Recompense to no man evil for evil. Provide things honest in the sight of all men. 2 corinth. chap. 8, ver. 21. Provide for honest things, not only in the sight of the Lord. but in the sight of men. 1 Timoth. 5. ver. 8. But if any provide not for his own, especially for those of his own house, he hath denied the faith and is worse than an infidel. But this question, why &c. ver. 7. imports an advice in reference to a tolerable loss, to an eminent degree of Charity towards the brethren in matters of meum & tuum, and is of the same nature with these proposed 1 Corinth. 7. ver. 38, 40. So then he that giveth her in marriage, doth well: but he that giveth her not in marriage, doth better. 40. But she is happier if she so abide, after my judgement, and I think also that I have the Spirit of God. Then the question proceeds thus, if one keep back from another what of right he should have, and the other is not able, or yet has not that measure of Charity to bear the loss; or if there be doubtful questions of Law amongst you, why do you not choose by consent a wise man of the best esteemed in the Church to judge between his brethren, to whose determination you should stand; and not leave yourselves under a necessity (as that is of one's being wronged and defrauded of all his means) of impleading the brethren before infideles. Note by the way, that the whole argument runs upon matters commonly called civil; not criminal, as Murder, Robbery, Adultery etc. Upon which they were not then in case to appoint Judges, or endued in any case to coact, or compel: the next step he makes is upon the supposition, that they have of their brethren persons condescended upon to determine their differences ver. 1. Dare any of you &c: implead or pursue before the unjust and not before the Sanctes.  
From the whole these things will be clear to a discerning person, First, that in criminalles, upon which they could have no Authoritative Judges of their own; and in civils, in case by common fault they had none appointed of their own, and also in case the injuring party would not stand to the Sentence given (they having no power to compel him) they might lawfully pursue before the power in being, though infidel: albeit in the last two cases it were more Charitable to bear a comportable loss; and in all cases, though the loss be not borne the injury must be forgiven, and vengeance laid aside according to Matth. 6. ver. 14, 15. For if ye forgive men their trespasses, your heavenly father will also forgive you. ver. 15. But if ye forgive not men their trespasses neither will your heavenly father forgive your trespasses.  
Secondly, That the party defender in a just defence may plead before any Judge he is called to, and appeal from an inferior to a superior, if expedient for his safety, or cause.  
Thirdly, That the just Sentences of such Judges are to be obeyed for conscience sake; and the unjust may be yielded to (in civil cases especially) if there be no shunning it, for wraths sake; and in such things, one may still choose the greater conveniency, provided it be done salva innocentiâ: as he who by an unjust sentence is appointed to pay 100 Crowns at a certain day, or 200, if he pass it, may justly and innocently save 100 by preventing that set day.  
Fourthly, That what is done in any of these cases, doth no way acknowledge an usurped power its justness, or its lawfulness, but only, (which can not be denied) its existence, And moreover it is not persecuting Religion simply, as it is Religion, that unmagistrates a Magistrate, and thereby makes him become a Tyrant, but it is the persecuting of Religion as it is the right and privilege of a Nation. For those Magistrates, who did then persecute Religion, were not at all guilty of the breach of Faith and trust to the people; because they were not under any engagement to the people to defend the same; in respect of Religions not being the right and privilege of those Nations: therefore the persecuting Religion did not in the least unmagistrate them: but it is a far different thing where Religion is become the right and privilege of the Nation; and the Magistrate formally engaged to maintain and defend the same; Then persecuting Religion is a formal breach of his Faith and trust to the people, and a robbing them of the best and choicest privileges that they have, upon which all their other privileges have a dependency. For there are some privileges that a people can dispense with the want of: but this is such a privilege, that the want thereof can not be dispensed with. For if they should dispense with the want of Religion, than they should dispense with the want of God also; for by their forsakeing of Religion they forsake God also. I know some will object, and say, that the Magistrates may change their own Religion and yet not take from the people theirs, and so not be guilty of the breach of Faith and trust to the people. To which I answer, that the Magistrates changing from the Religion established forfeits, ipso facto, his right of Magistracy: and when the Religion is condescended upon by the people, and the Magistrate formally engaged to maintain and defend the same; his very changing therefrom is a breach of his Faith and trust to the people, and thereby he becomes a Traitor to God and his native Country. But it's like some may allege, that a Magistrate may give a toleration of Religion, and thereby tollerat a false Religion. To which I answer, that if the Constitution of the Government does allow of the same, and it be done by the consent of the people, or their representatives, the Magistrate is the more excusable: but if it be done contrary to the express Laws of the Land, and without the consent of the people or their representatives, the Magistrate in this case is no less than a thief and a robber; and as there is a curse due to such as do remove the Landmarks, and that as to the civil and common Interest of men amongst themselves, Deutr. 19 ver. 14. and 27. ver. 17. Proverb. 22. ver. 28. certainly there must be a great curse due to such as do remove the Landmarks of the Land, upon which the good, peace and safety, yea and glory of the Land does depend. And as David understood it well to be his duty to pray that God would confound all such as did worship graven Images, Psal. 97. ver. 7. Certainly it is the duty of the people of God to pray that God would confound such as do, not only worship graven Images, but establish the same in a Land, where the Glory of God has shined brightly in his pure Ordinances; and that contrary to the Laws of the Land and consent of the people. And as there is a command by the Lord to stone to death such as should but secretly entice and lead the people away to Idolatry, Deutr. 13. ver. 6. and 17, ver. 2, 3, 4, 5, and 6. certainly this command must in a great measure reach him, who does the same in such a public manner. But I know some will yet allege that NERO was not only a persecutor of Religion, but he was otherways a persecutor and destroyer of his people, and was really a Tyrant, and an oppressor. That he was once this, I do acknowledge; but that he was such at that time, I will not so easily grant, in respect of the good entertainment Paul had from him. And those very Historians, who do say that NERO became a Tyrant, do also say that it was not in the first five years of his Reign, but that for the first five years he Reigned as a Sanct, so that the people said, that a God was come down from Heaven to govern them. But grant he had been a Tyrant, it was not Paul's interest to call it in question being only a stranger, and what he did might have been done by him, though he had fallen unto the hands of thiefs and murderers by the way. For if a man should fall unto the hands of thiefs and murderers by the way, and if they were going to take away his life, if he knew any of them to have a greater power than another, and to have some title of honour above others, it were no sin in him to make application to him in the same manner, by giving those titles of honour that were any ways common and ordinar to him, that thereby his generosity might be engaged to show him mercy. There are some, I know, will still object, that the Kings of Israel, though most wicked, and in effect Tyrants and oppressors, as Saul, Zedekiah and others, yet they did still remain Just and lawful Magistrates until the day of their death, and the people gave obedience to them as such; as also when the people of Israel were subdued by Nebuchadnezar, though in effect a wicked Tyrant and oppressor, yet the people are then enjoined to give obedience to him, as their Magistrate in all things lawful. From what has been said already it does clearly appear, that when once a Magistrate does degenerate unto a Tyrant, he can no more be accounted a Just and lawful Magistrate, than that man, who commits all manner of Villainy, and knavery can be said to be an honest man from what he has been formerly. And as for Saul, we find that no sooner he had committed Rebellion against God, but as soon the Prophet Samuel is sent to tell him, that the Kingdom was rend out of his hand; and accordingly David was anointed King in his place: and in respect that the people did not perform their part in a formal divesting him of the power and establishing of David, they were made sufficiently to smart for it: for he killed fourscore of the Priests of the Lord: and when forsaken of the Lord, went to the Devil for council, and when invaded by the enemy he and they both were destroyed, and the curse of God did lie heavily upon the Kingdom for his sake, so that much blood was shed, till that David was put in full possession of that, which was his Just and proper right. And although David's heart did smite him, so that he could not kill him in the cave, from these reasons following. First, That God honoured him, making him King; and that he was not as yet formally divested of the power. Secondly, That he was his Father in Law. Thirdly, He was a brave man, as appears from that commendation David gives him after his death, that his bow did never return empty; Fourthly, The braveness of David's spirit; yet David wanted not a purpose to have done it in Battle, as we may find from these words, some one day or other he shall fall in Battle. And it could be for no other end, that David did keep so many in arms with him; for if he had looked upon him to have been the Just and lawful Magistrate, it had been usurpation and Rebellion in him to have accepted of that right, which the Prophet had given him. And as for Zedekiah, he did not so formally break to the people, as he and they went alongst together in Apostasy and defection from God, as is clear from that Scripture, Jerem. 38. ver. 5, 24, 25. when the Princes besought that Jeremiah's life might be taken. Then Zedekiah the King said, behold, he is in your hand; for the King is not he, that can do any thing against you; and yet we find, that the Lord declared him to have no right to Reign, as in that Scripture, Ezek. 21. ver. 25, 26, 27. And thou profane, wicked Prince of Israel, whose day is come, when iniquity shall have an end, 26. Thus sayeth the Lord God, remove the Diadem, and take off the Crown, this shall not be the same, exalt him that is low, and abase him that is high. 2. I will overturn, overturn, overturn, and it shall be no more, till he come whose right it is, and I will give it him. As also when they were delivered into the hands of Nebuchadnezar, they were commanded to renounce all alleadgeance in Zedekiah, and to take protection from Nebuchadnezar, as prisoners of War, and so submit to him in all things lawful, as their Magistrate, for a time; until God should deliver them out of his hand.  
Having now in some measure held forth and discovered what it is that makes a Just and lawful Magistrate, and continues him such and thereby discovered, what it is that makes a Tyrant; It remains now to be spoken to, whether a people are obliedged to swear and keep alleadgeance, and do the same duty to a Tyrant; that they are to a Just and lawful Magistrate.  
That it is the duty of a people to swear, and keep alleadgeance to a Just and lawful Magistrate, is not in the least to be questioned; for thereby a Magistrate is in a capacity to do the duty of a Just and lawful Magistrate to his people, and without it he is not: but to swear Alleadgeance to a Tyrant, is most wicked and sinful. For Just and lawful Magistrates are ordinances of God, for his Glory and the good of the people, as the true and real Ministers of God, for the people's good, but Tyrants and oppressors are only raised up by the Lord, for Judgements and plagues to a people, for their disobedience to God. For God never gave a right to Tyrants and oppressors to govern his people, but ordained them for a people's punishment, according to that power, that the Devil has; for he has a power, both to tempt to sin, and also the punish for sin; Although God has him always restrained as to both; such is the power of Tyrants and oppressors; for as they are plagues and Judgements against these parts of the world, where they have power, by robbing them of their rights and privileges, so are they also by tempting people to sin against God; to which assertion the Christian world this day may give their witness; as in Britain, Ireland, France, and other parts of the world, not only have they been robbed of their rights and privileges, but all manner of ways used to make them sin against God. And as it is a great and Rebellious sin against God to enter in any Compact, or Covenant with the Devil, to mantain and keep up him in his wicked power, so it is the very same, to enter in any Compact or Covenant with Tyrants, and oppressors to mantain and keep them up, in their wicked power; for thereby Satan's Kingdom is mantained and kept up; which I prove thus, such as do swear to mantain and keep up those, who do mantain and keep up Satan's Kingdom; do swear to mantain and keep up Satan's Kingdom; but such as do swear to mantain and keep up Tyrants and oppressors, do swear to mantain and keep up those, who do mantain and keep up Satan's Kingdom, Ergo, they do swear to mantain and keep up Satan's Kingdom; for as Hell and Devils are immediately opposite, and contradictory to Heaven and those holy Spirits, which are there; so Tyranny and oppression; Tyrants, and oppressors are the same opposite and contradictory to the true ordinance and Ministers of God here on earth, and it does most natively follow, that whatever wickedness they do commit, or innocent blood they shed; their concurrence is not wanting thereto; and that they are guilty thereof; which I prove thus, such as do mantain and keep up a Tyrant and an oppressor in a wicked and tyrannical power, are guilty of all his wickednesses, Tyranny, and bloodshed, but such as do swear Alleadgeance to a Tyrant, and an oppressor, are thereby obliedged to mantain and keep him up in that wicked and tyrannical power, Ergo, they are guilty of all his wickedness, Tyranny and bloodshed; yea if it were in their power by a good wish, or prayer to God, or other endeavour to do good to the interest of God, thy can not give it, or do it; for so long as they stand under that Alleadgeance in the doing of any of these things they commit perjury. I know some do object, and say that wicked Magistrates, yea Tyrants and oppressors are raised up by the Lord as plagues and Judgements against a people for their sins, and therefore they are obliedged patiently to bear the same from God's hand, without useing any resistance whatsomever; and accordingly to pray to God for those Tyrants, that the Government may be blessed to them. That they are raised up by the Lord as plagues and Judgements against a people for their sins, as also that a people are obliedged patiently to endure, and bear the same towards God, no ways freteing at the dispensation of God therein, knowing it be the Just, and real effects and fruits of sin; as also to pray for them, is not in the least to be questioned: but that a people should stupidly lie under the same, without useing any endeavour to remove the same, is a most wicked delusion: for certainly all people whatsomever are obliedged to use all means and endeavours whatsomever Religious and moral to the removeing of plagues and Judgements from a Land, if it were even by prayers, tears and fastings; yea ●●●e and sword. For as it is sin that brings them on, so it is sin that keeps them on; and as it is a people's duty most circumspectly, and with all diligence to guard against those sins, that may bring on plagues and Judgements, so it is their duty to put away those sins, that does continue them, and use all endeavours to remove the same; otherways they will be found guilty of as great Rebellion against God by doing that, which keeps them on, as by doing that which brought them on, though it were no more but even in the very remissness of their duty. If any person through the excess of Drunkeness should have so wasted and consumed his body, that nothing but death in a very short time were expected, and if an Eminent Physician should advise him to a more temperate and moderate life as the only certain mean, whereby to recover his health and strength and to continue his days longer in the world; if he should answer, that as by the excess of Drunkenness he had brought on that punishment upon himself, and being convinced of its being the native and proper effects of his sin, so he would endure the same patiently without useing any mean or endeavour to remove the same, and would still go on in his Drunkeness praying to God to bless that unto him and make the same effectual for his health and strength, would he not be accounted by all understanding and good men a fool and a mad man, and a destroyer of both soul and body. Now when a people through their madness and folly have enlarged the power of Kings beyond those due limits, that the Word of God, and reason, yea and the Laws of the Kingdom have set thereto, or if they by force and treachery have done the same, so that both God and the people are robbed of their right, and they become Tyrants and oppressors; if they should not only be remiss as to all endeavours whatsomever, whereby to extricate and deliver themselves from those plagues and Judgements, but go on in that very course of sinning against God, by which they did bring them on, praying to God for the long Reign and prosperity of those Tyrants and oppressors, and that the Government might be blessed unto them, could they be accounted any thing else then fools, and mad men; rebels and enemies to God and his Ordinance, yea betrayers and destroyers of their own rights, liberties, peace, good and prosperity in the world; for if there were a Company of Thiefs and Murderers, who by their cunning and force were most dexterous, and active in robbing, and murdering upon all occasions, and if the people should pray only to convince them of their sin and reclaim them from the same without having the leastdesire to God, that they might be apprehended, and Justice execute upon them, that so God might be Glorified, and those plagues and Judgements removed from a Land; certainly these would be but very lame prayers: but if these thiefs and murderers upon some great design of their own, and for the advancement of their own interest, should for a time show great mercy and favour, and if the people than should pray that they might live long and prosper, and that, that dominireing and tyrannical power of theirs might be blessed to them, certainly this would be great Rebellion against God, their own rights and liberties: and there is nothing more certain then, that Tyrants and oppressors are the greatest Thiefs and Murderers in the world; for where common and ordinary Thiefs do rob and murder their ten, or twentyes', they do rob and murder their thousands, and millions; for whole Kingdoms and Nations do thus suffer by them, and though it be lawful, and duty to pray, that God would convince and reclaim such, and that with mercy to their Souls, yet this must never be wanting, that God would bring down those Thrones of iniquity, and cause Justice overtake those Tyrants and oppressors, that God may be glorified and the Land delivered from such plagues, and Judgements: and as it is the duty of every true Christian, so often as he minds the interest of his own Soul, not to forget the interest of God, but to pray that God's Kingdom may come, and his will be done in Earth as it is in Heaven; and that all stops and letes may be taken out of the way of his Kingdom and Glory; and in a special manner Tyrants and oppressors, those stoops and pillars of that Antichristian and Satanical Kingdom in the world may be brought down, and leveled with the dust; so it is the absolute duty of all Christians, to do it with hearts fully purposed and determined to serve God in this very matter, and to this very end; and to pray that God would give them occasion thus to Evidence their love, zeal, and faithfulness for him; that so they may not be reckoned amongst those cursed and useless creatures for God in their generation, and such, whose hearts are not thus determined will be so far from being found to answer the design and end of the second Article of our Lord's Prayer, that they will be found but mockeres and dissemblers of God. Now that all true Christians may thus pray and do, is the earnest desire of him, who desires and hopes to be and continue a true lover of God, his interest, and all such as are the true lovers thereof in the world.  
FINIS.