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A Hind Let Loose by Alexander Shields

A lawful title and investiture


is capable of, but competent

to the tenure of it, and to whom the holding of it is allowed; and if it be prohibited, it evacuates the morality of the power. Korah and his company arrogated to themselves the office of the priesthood, this power was prohibited to them, their power then was a nullity. As therefore a person that should not be a minister, when he usurps that office is no minister; so a person that should not be a magistrate, when he usurps that office, is no magistrate. Hence, a person that is incapable and incompetent for government cannot be owned for a governor; but the duke of York is such a person, not only not qualified as the word of God requires a magistrate to be, but by the laws of the land declared incapable of rule, because he is a papist, a murderer, an adulterer, &c. 5. There must be a moral power, a lawful title and investiture, as is shewed above; which, if it be wanting, the power is null, and the person but a scenical king, like John of Leyden. This is essentially necessary to the being of a magistrate; which only properly distinguishes him from a private man; for when a person becomes a magistrate, what is the change that is wrought in him? what new habit or endowment is produced in him? he hath no more natural power than he had before, only now he hath the moral power, right and authority to rule, legally impowering him to govern. Let it be considered, what makes a subordinate magistrate, whom we own as such; it must be only his commission from a superior power, otherwise
we reject him; if one come to us of his own head, taking upon him the stile and office of a bailiff, sheriff or judge, and command our persons, demand our purses, or exact our oaths; we think we may deny him, not taking ourselves to owe him any subjection, not owning any bond of conscience to him; why? because he hath no lawful commission. Now, if we require this qualification in the subordinate, why not in the supreme? Hence, that magistrate, that cannot produce his legal investiture, cannot be owned; but the duke of York cannot produce his legal investiture, his admission to the crown upon oath and compact, and with the consent of the subjects, according to the laws of the land, as is shewed above: therefore----4. There must also be the lawful use of the power; which must be not only legal for its composure, but right for its practice; its course and process in government must be just, governing according to law, otherwise it is mere tyranny: for what is government, but the subjecting of the community to the rule of governors, for peace and order's sake, and the security of all their precious interests? and for what end was it ordained, and continued among men, but that the stronger may not domineer over the weaker? and what is anarchy, but the playing the rex of the natural power over the moral? Hence, that power which is contrary to law, evil and tyrannical, can tie none to subjection; but the power of the king, abused to the destruction of laws, religion and liberties, giving his power and strength unto the beast, and making war with the Lamb, Rev. xvii. 13, 14. is a power contrary to law, evil and tyrannical: therefore it can tie none to subjection: wickedness by no imaginable reason can oblige any man. It is objected by some, from Rom. xiii. 1. There is no power but of God; the usurping power is a power: therefore it is of God, and consequently we owe subjection to it. Ans. 1. The original reading is not universal, but this: for there is no power if not from God: which confirms what I plead for, that we are not to own any authority, if it be not authorized by God.

The words are only relative to higher powers, in


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