The original root of magistracy is common preservation, and it rose up first in a private family: for suppose there were but one family in the world, as is conceived, father Adam's family, wherein were many persons:
Therein Adam was the first governor or officer in the earth, because as he was the first father, so he was the most wise in contriving and the most strong for labour, and so the fittest to be the chief governor. For this is the golden rule,
Let the wise help the foolish, and let the strong help the weak. Psa. 35.10, Rom. 15. 1, 2.
But some may say here that Adam was under no law, but his will was a law to him and his household; therefore, from the root from whence magistracy first rose, it is clear-that officers are to be under no law but their own wills, and the people are to be subject thereunto. I answer:
The law of necessity, that the earth should be planted for the common preservation and peace of his household, was the righteous rule and law to Adam, and this law was so clearly written in the hearts of his people that they all consented quietly to any counsel he gave them for that end.
Therefore not Adam's will only, but the will of his people likewise, and the law of common preservation, peace and freedom, was the righteous law that governed both Adam and his household.
But yet observe, that from the father in a family was the first rise of magisterial government, because children wanting experience of their own preservation, therefore such as are experienced are to propound the law of government to them: and therefore from Adam to this day, the law of common preservation is the rule and foundation of true magistracy: and it is the work of all magistrates to help the weak and the foolish.
There are two root[s] from whence laws do spring.
The first root you see is common preservation, when there is a principle in everyone to seek the good of others as himself, without respecting persons: and this is the root of the tree magistracy, and the law of righteousness and peace: and all particular laws found out by experience, necessary to be practised for common preservation, are the boughs and branches of that tree.
And because, among the variety of mankind, ignorance may grow up; therefore this original law is written in the heart of every man, to be his guide or leader: so that if an officer be blinded by covetousness and pride, and that ignorance rule in him, yet an inferior man may tell him where he goes astray; for common preservation and peace is the foundation rule of all government. And therefore if any will preach or practise fundamental truths or doctrine, here you may see where the foundation thereof lies.
The second root is self-preservation: when particular officers seek their own preservation, ease; honour, riches and freedom in the earth, and do respect persons that are in power and riches with them and regard not the peace, freedom and preservation of the weak and foolish among brethren.
And this is the root of the tree tyranny, and the law of unrighteousness; and all particular kingly laws found out by covetous policy to enslave one brother to another, whereby bondage, tears, sorrows and poverty are brought upon many men, are all but the boughs and branches of that tree, tyranny; and such officers as these are fallen from true magistracy, and are no members thereof, but the members of tyranny, who is the devil and Satan.
And indeed this tyranny is the cause of all wars and troubles, and of the removal of the government of the earth oust of one hand into another, so often as it is, in all nations.
For if magistrates had a care to cherish the peace and liberties of the common people, and see them set free from oppression, they might sit in the chair of government and never be disturbed.
But when their sitting is altogether to advance their own interest, and to forget the afflictions of Joseph or their brethren that are under bondage: this is a forerunner of their own downfall, and oftentime proves the plague to the whole land.
Therefore the work of all true magistrates is to maintain the common law, which is the root of right government and preservation and peace to everyone; and to cast out all self-ended principles and interests, which is tyranny and oppression, and which breaks common peace.
For surely the disorderly actings of officers break the peace of the commonwealth more than any men whatsoever.
All officers in a true magistracy of a commonwealth are to be chosen officers.