The lesser magistrate doctrine can be seen in action all throughout history. Governments are instituted to protect the people’s lives, liberties and properties. When governments lose sight of this and actually begin to do the opposite it becomes the people’s duty to resist. Moses resisting Pharaoh, David and Jonathan resisting King Saul and Daniel disobeying King Darius are just a few Biblical examples of this doctrine in action.
Another example of the lesser magistrate doctrine involves Publius Petronius, the governor of Syria and Palestine in 39 A.D. Petronius was ordered by Emperor Caligula to place a statue of himself in the temple at Jerusalem. The people of Jerusalem were not happy and prevailed upon Petronius with several delegations why this should not be done. Petronius saw their reasoning and capitulated. Emperor Caligula was outraged and then ordered Petronius to kill himself. Two weeks after the order for Petronius to kill himself was sent Emperor Caligula was assassinated. Lucky for Petronius the ship carrying the news of Caligula’s assassination arrived before the ship carrying the order for his demise.
John of Salisbury wrote “Policraticus” in 1159 A.D. This is another very important writing further illustrating the lesser magistrate doctrine. In this book he stated that it… “Pertains to the sacred duty of a governor to take care that the more powerful do not oppress the humble wrongfully and that those who should be defenders of the innocent do not instead persecute them with feigned accusations”, and that “He will also prohibit unfounded exactions, and acts of violence, and…”.
John of Salisbury wrote that kings receive their authority from God and as such this authority should only be exercised in accordance with Holy Scripture. Should a king or prince depart from Holy Scripture in his duties and obligations then all people below him must maintain their allegiance to God and this tyrant could be removed from office and even killed if necessary.
In 1215 Barons, which are lesser magistrates, met with King John at Runnymede and presented to him a list of bad law that he had enacted. This action and what followed is know today as the Magna Carta. The document was the first of its kind used to hold a king accountable thereby limiting his actions to the protection of privileges and liberties.
