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A42629 The defence of the Parliament of England in the case of James the II, or, A treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the Church of Rome ... : wherein is demonstrated that the Holy Scriptures are so far from being contrary, that they do even assent thereto / written in Latin by P. Georgeson, Kt. ; translated by S. Rand. Georgeson, P., Sir.; Rand, S. 1692 (1692) Wing G533; ESTC R18626 44,763 42

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Nature and Power and theirs God cannot abuse his Power Moreover God's Power over intelligent Creatures freed from sin which freedom is the only liberty os intelligent Creatures is nobler far then the Dominion over Creatures subject to sin which is the perfect bondage of Creatures and that I may speak what I think truly your Court-flatterers do put a base Affront upon Regal Authority and mightily disparage it when they have the confidence to make him pass for a Tyrant not but that Monarchical Power to say the truth hath a certain transcendent superlative Excellency and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above others provided it be tied up and regulated and owned by the Laws which is not our present design to dive into or discuss It will suffice in this place to lay the Foundation and Superstructure of Monarchy or Regal Power and withal to fortifie and defend it by overthrowing of Tyranny and at the same time to demonstrate that those immoderate cyers-●p of Regal Power just like the Gyants of old whilst they aim at building their Tower too high do endeavour its down-fall and to be crusht with its ruins themselves XV. If we allow Absolute Power it must be either jure Divino or jure Humano but it is not by Divine Right since God Deut. 17. maketh an everlasting decree against the unbounded desires of Kings which I suppose will not be much amiss to set down in this place When thou shalt come into the Land which the Lord thy God giveth thee and shalt possess it and shalt dwell therein and shalt say I will set a King over me like as all the Nations that are about me thou shal● in any wise set him King over thee whom the Lord thy God shall choose one from among thy Brethren shalt thou set a King over thee thou may'st not set a Stranger over th●e which is not thy Brother but he shall not multiply Horses to himself nor cause the People to return to Egypt to the end that he should multiply Horses Forasmuch as the Lord hath said ye shall return no more that way neither shall ●e multiply Wives to himself that his Heart turn not away netther shall he greatly multiply to himself Silver and Gold and it shall be when he sitteth upon the Throne of his Kingdom that he shall write him a Copy of this Law in a Book out of that which is before the Priests and Levites and it shall be with him and he shall read therein all the days of his Life that he may learn to fear the Lord his God to keep all the words of this Law and and these Statutes to do them that his Heart be not lifted up above his Brethren and that he turn not a side from the Commandements to the right Hand or to the lest to the end that he may prolong his days in his Kingdom he and his Children in the midst of Israel Psalm 2. 10. Be wise now therefore O ye Kings be instructed O ye Judges of the Earth Nor is R●gal Power by Human Right Absolute neither for the practice and custom of all Nations as we already have plainly demonstrated are point blank against it besides who can think People so mad and senseless that when they may live abundantly more happy under the Government of Kings who are subject and liable to Human Laws than under those who are not regulated by the Laws nor observe them I say are they so simple as to lov● and admire those rather who are found by experience to trample upon Laws XVI Never was there yet any Law either Divine or Human whereby the Abdication of a Tyrant is prohibited if there be extant any such that may seem to speak in their favour those relates particularly to their Life and not to the Administration of their Government On the other Hand the practice of turning out Kings received in all Ages foregoing and confirmed by frequent use doth plainly argue that the publick Safety and Welfare is by all manner of ways possible to be defended and secur'd and that one single Person should not be obeyed at the cost of indangering the whole Nation is a Law I think Nature it self hath enstamped upon the Hearts of all Men whatsoever now where Divine Laws are silent who questions but that Nature may be listened to as a Deity XVII Mothing so much argues the badness and wrongness of the Cause as that the great Assertors are not consistant with themselves and do often shift Scenes change and beg Principles as the Schools call it but these Parasites of Tyrants are not much unlike that in Terence modo aiunt modo negant sometimes they affirm it by and by they deny it sometimes I say they are for having Kings to receive their Power and Authority immediately from God alone sometimes again that indeed they owe it to God but by the help and assistance of the People and that the People did fully and irrecoverably make over and transfer all the right they had to them then again they will pause a while and demur upon the Case ●ometimes they maintain their Ground and speak out without more ado but let them come to a conclusion and speak freely whether they would h●ve the Government depend on God alone or on the good-will and courtesie of the People if they would have it depend on God alone let them produce that Law of God whereby Absolute Power is orda●ned for we can shew them the quite contrary If they acknowledge the Peoples kindness to have any hand in it it doth extreamly behove them to make out this plain and irrevocable transferring the Peoples right upon them which they never will be able to do XVIII Regal Right in all Nations is the self same as to its Rise and Origin if some Nations parted with more then they needed to have done to their Princes that produced from their ill-bred disposition knowing no better or from their want of skill in their own and the Nations Right I will make it clear to the meanest Capacity Regal Power sometimes falls to a ●emale in some Nations not excepting those Nations that are reputed the most barbarous whether it be that the Administration of Government be intrusted with her under the Title of Queen or Queen Regent but now it is nonsense to think that the Power conferr'd upon a Woman by the People is Absolute therefore it doth not stand with reason that it should belong to a King neither indeed doth the Regal Authority suffer any diminution when it is devolved upon a Queen either by the King's death or any other accident whatsoever XIX Those amongst the Papists who do least flatter and sooth Papal Tyranny do assert that the Pope is capable of doing as much in the Church as a King can do in the Kingdom yet notwithstanding they briskly maintain that a General Council is Superlour to a Pope and may depose him at will But the Pandors of the Whore of Babylon who
although the greatest part of them were very dissolute wicked and idolatrous but what is lawfull is not according to St. Paul's sense always expedient It is the part of a wise man when he designs to set about any business of concern to have a special regard to time and circumstances least contriving unwarily and not timeing it aright he lose himself and fall short of his expectation The Israelites were but rightly served if they underwent greater punishments then others who had set over themselves a King as it were against the will and even in despite of God They were even fain to smother and dissemble with their grief for very shame who had made a Rod for their own back 'T is also well known that the Law hath not its force in time of war nor can that people defend their Laws when surrounded on all sides with potent Enemies Moreover it is not in every respect true that Kings were never any where by the People of Israel thrust from the Throne for the revolt of the Ten Tribes from Rehoboham and their election of Jeroboham is plain down right abdication and deposing Besides we read how Athaliah Mother to Ahaziah invaded the Royal Chair after her Sons death possessing it and enjoying it for the space of six years and was in the end delivered up to be put to death by the Councel of Jehodada the High-Priest We read that Amaziah perished by the conspiracy of the Citizens of Jerusalem that those who had a hand in the murther did not suffer for the same as was the custom amongst the Jews for they usually punished their Servants or Ministers of State who imbrewed their hands in the King's Bloud which happened to not a few of them I must needs confess that they did not deal justly and according to the due course of Law but the Assassinates escaping scotfree proclaims aloud that such proceedings in taking away Amaziah was allowed of and acceptable to the People Again we learn from Holy Scripture that the management of the Common-weal●h was taken from Vziah by reason of his Leprosie and delivered to his Son Jothan Why should we mention those incomparable Heroes the Macchabes who carried on a War with prosperous event and greater glory against Antio●hus otherwise their Liege Lord and Sovereign And why because they opprest the Jewish Nation with unreasonable cruelty compelling them to the worship of Idols by severe Edicts and Pknalties What did not the Jews frequently make insurrections against the Romans under whose jurisdiction they were What was it moved the Romans to destroy the whole Jewish Nation to sack and race the City of Jerusalem but the high spirit of the Jews not brooking the Roman Yoke Salmasius indeed confesseth thus much That as soon as ever the Jews became subject to the Romans Government they did ever and anon rebel saith he as it were against their implacable Enemies and subverters of their Laws and Religion Nor do I ever perceive that the Jews mourned for the massacre of their Kings but rather bore it with a kind of indifferency and unconcernedness They did not rent their Garments nor put on Sackcloath nor throw Ashes upon their heads according as received Custom when any mournful Accident surprised them nay seldom or never performed any Funeral Rites by waising and lamentation of the violent death of their Kings What can we think of the silence of the Rabbies of that Nation who never so much as expatiated upon the Praises of the Sovereign forsooth and almost perpetual power of their Kings but on the contrary we learn from Salmasius That Moses M●imon●des puts this difference between the Kings of Israel and those of Judah David 's Posterity that those of David 's Family should judge and be judged but that the Kings of Israel should not have the power of judging nor could be judged themselves neither and that Sechar had quoted several Testimonies to that purpose How come such a proud haughty Nation as they were and no small admirers of their Priviledges not to be proud of their Kings being inviolable For so far were they from entert●ining any such conceits concerning them that in case they should have found them tardy or committed the least offence against God's Ordinances they would have cited them before the Sanhedrim to be whipt with Rods as well as the High-Priests I shall subjoin two Passages in this place which may serve instead of a definitive and decretory Sentence and Determination to all those who suffer not their minds to be prepossest and hoodwinked by prejudice The first is that the creation of Kings is more than once ascribed to the People This may be gathered from the History of Saul of David of Solomon Azariah Josiah and others Concerning Rehoboham Salmasius frankly owneth The Kingdom now in its infancy saith he when Solomon the King●s death was once published and proclaimed all Israel being assembled to appoint his son King over them they complained to him c. What answer returned he to their just Petition Why he was so far from signifying any compliance with and favourable acceptance of their Petition that he positively threatned to lay heavier burthens upon them and denounced the punishment of them with Scorpions whom his Father only chastised with rods He that was not yet a King to threaten thus what would he have done if he had once gotten the Crown on his head I and after the Jews had mightily fallen away from their pristine glory and renown yet would they not resign up or be deprived of the priviledge of creating their Leaders For the Writer of the Book of Macchabees Lib. 1. cap. 13. gives us a relation of the Election of Simon the valiant Assoon as the People heard these words their spirits revived and they answered with a loud voice thou shalt be our Leader instead of Judas and Jonathan thy brothers fight thou our battles and whatsoever thou commandest that will we do Now what man so void of reason as to imagine that all they depended upon the absolute will and pleasure of Kings who conferr'd this Dignity Royal upon Kings What do the People reserve no right to the thing that they themselves create The other also we produce from Scripture which plainly forbids the doing wrong to the People for the Scripture teacheth us that they and Kings are bound and stand obliged to one another by the mutual and interchangeable Bonds of a Covenant All the Elders of Israel came together before the King in Hebron and David made a Covenant with them before the Lord in Hebron they first treated concerning the conditions upon which the Son of 〈◊〉 should have the Scepter bestowed on him and this Treaty was between Abn●r and the People in the first place Abner exhorts the people and puts them upon conferring the Kingdom upon David afterward he prevaileth upon them to gratifie his desire presently he hath recourse to