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A90963 Clerico-classicum, or, The clergi-allarum to a third war. Being an answer to a pamphlet, intituled, A serious and faithfull representation of the judgements of ministers of the Gospel within the province of London, contained in a letter from them to the Generall and his Councell of Warre. Delivered to his Excellency by some of the subscribers, Jan. 18. 1648. Which may likewise serve for a brief answer to their late vindication, relating to their former actings, touching the capitall punishment of the person of the King. / By John Price, citizen of London. Price, John, Citizen of London. 1649 (1649) Wing P3340; Thomason E544_1; ESTC R204338 47,303 74

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Treatise to politique power published 〈◊〉 Queen● Maries dayes 1556. in the 45. page Chap. 6. of the said Booke handles this question whether it be lawful to depose an evill Governour and kill a Tyrant carri●● it in the affirmative proving the same from the very law of Nature Nations and Scriptures both Old and New Testament yea affirming that the lawes of many Christian regions doe permit that pr●vate men may kill Malefactors yea though they were Magistrates in some cases as when a Governour shall suddenly with his sword runne upon an innocent or goe about to shoot him through with a gunne or if he should be found in bed with a mans wife or goe about to de●●owr or ravish a mans daughter much more if hee goe about to be●ray and make away his Countrey to Forreigners And the said Doctor himselfe declareth it for his owne opinion that where execution of just punishment upon Tyrants Idolaters and trayterous Governours is either by ●he whole State utterly neglected or the Prin●● with the Nobility and Councell conspire the subversion of their Countrey and people any private 〈◊〉 have some some speciall inward commandment or surely approved motion of God as Moses had to kill the Aegyptian Phinea● th● lecherous and Ahud King of Egion with such like And ●●●ther affirmes If a Prince rob and spoile his Subjects it is theft a●d as a Thiefe hee ought to be punished If hee kill and murther them contrary or without the lawes of his Countrey it is murther and as a murtherer he ought to be punisht saying the same if hee commi● adultery ravish men● wives daughters or maids he ought to suffer the same paines as other the like offenders if hee goe about to betray his Countrey he is a Traitor and as a Traitor he ought to suffer and aboundly more to that purpose Again Junius Brutus supposed by good Authors to be Beza his workes in his Booke called Vindiciae contra tyrannos written in Latine and French and lately translated into English in the 118. page of the said Translation hath th●se words If the Prince persists in his violent courses as King Charl● did and contemn frequent a●●onitions addressing his design● to that end only that he may oppresse at his pleasure and effect his owne desires without restraint hee then doubtlesse makes himselfe liable to that de●ested crime of tyranny and whatsoever either the law or lawfull authority permits against a Tyrant may be lawfully practised against him Tyranny is not onely a will but the chiefe and as it were the only abstract of vices A Tyrant subverts the State pillages the people layes stratagems to entrap their lives breakes promise with all scoffs at the sacred obligation of a solemn Oath and therefore hee is so much the more vile then the vilest of usuall Malefactors by how much offences committed against a generality are worthy of greater punishments then those that concerve only particular and private persons If thieves and those that commit sacriledge be declared infamous nay if they justly suffer corporall punishment by death can we invent any that may be worthily equivalent for so outragious a crime And in the 119. page saith further if tyranny hath gotten such sure footing as there is no other meanes but force to remove him then it is lawful to call the people to arms c. Briefely the same sentence may be justly pronounced against him as was pronounced against Manlius Capitolinus at Rome Valerius lib. 6. cap. 3. Thou wast to me Manlius when thou diddest tumble downe the Gaules that did scale the walls of the Capitoll but since thou art now become an Enemie like one of them thou shalt be precipitated downe the same place from whence thou formerly tumbledst those Enemies the said Author hath much more to this purpose Brutus Generall of the Souldiers and Lucretius Governour of the City of Rome assembled the people against Tarquinius Superbus and by their authority thrust him from his royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publique laws corporally punished Christierne lost the Crowne of Denmarke Henry that of Sweden Mary Steward King Charles his Grand-mother that of Scotland and Edward the 2d that of England for the same mis-government a● our late KING lost his Crown and head That the people may punish and correct offending Princes is the affirmation of the Wickeliffs and Waldenses and are therefore enumerated in the catalogue of the testes veritatis by our Foxes Martyrologie Goodman that great associate of John Knox said that Queen Mary deserved to be put to death as a Tyrant m●nster in his Book of obedience page 94. That superiour Magistrates may be put to death by the inferiour because domesticke Tyrants are chiefly to be represt was the opinion of Parreus in his Commentary on the Judges The English ought to punish that Mary Je●●bel whom they call Queen said Knox that Scottish Luther That famous Dudly Fennor affirms that an evill Prince may be taken way either in a way of justice in the time of peace or by warre which they may doe which are either ephore or ordinum omnium conventus saith he It was Asa his want of zeale that Macha the Queene Mother was not as well put to death as from her regency vid. the Notes upon the Geneva Bible When a Tyrant is taken away either by the suff●r●ge or consent of the people fit deo auspice saith Zwinglius See more to this purpose in a Booke not long since put 〈◊〉 as it is upon very good grounds supposed by Mr. Rutterford of Scotland calleed Lex Rex and especially in Mr. Pryn●●s works chiefly his large 4. volumes of the soveraign power of Parliaments and Kingdomes where you may read his judgment touching capitall proceedings against Emperours Kings and Princes for their tyranny cruelty c. especially in his Appendix to his 4th part of the soveraigne power of Parliaments and People page 190 191 192 193. and answering all Objections out of the old Testament and out of the 〈◊〉 to which I referre you for the answering those very Te●ts which you so cry up against the Parliament and Army a● also objections from supposed reasons and the example of primitive Christians But because you plead the Covenant against the Parliament and Army especially the Army for their irregular c●●●se that they of late have taken having no authority for wh●● they have done nay all established authority against their proceedings If so be I can prove that the very like or a seeming worse act have been done by others and yet approved by Queen Elizabeth King James King Charles the 〈◊〉 Parliament when they were consisting both of Lords and Commons in a full and ample manner yea and by the Ministery of London your selves and the Assembly of Divines as such that then either you Will for ever hereafter hold your tongues or else give us sufficient reasons of your
the King be murthered the Clergy of this Kingdome have murthered him one part of them being the cause of his sin filling and furnishing him with principles of tyranny and another party of them stirring up the people and conjuring them in the name of Christ to rise up against him and to oppose him even unto death Affirming that men guilty of blood must not be at peace with untill it be avenged page as Mr. Love in his Sermon at V●bridge did If so be that true religion which we have Covenanted to preserve doth teach this Doctrine these Subscribers in their serious and faithfull representation of their judgements may doe well to declare it Secondly If so be they will grant that Kings and Rulers are not to be suffered to live as they list to murther kill and destroy their Subjects to burne their Houses and ruine their Families at pleasure and never be accomptable for the same to their people over whom they were set but ought to be brought to punishment as many even of the Presbyterian● and Protestant Divines have held as shall be declared then if Kings may be dealt withall in a judiciary way why are they so angry that the late King was brought to cond●gne punishment if they say they had no authority to judge him I demand who had authority to doe it If they say no Court by the lawes of the Land had any authority hereunto then it would be worth our enquiring whether every man even to the last man left was not bound to lay his hands upon him for the murtherer must not be suffered to live but must surely be put to death the Land must not be defiled and polluted with blood If you say the Lords and Commons should have done it and not the Commons alone it is demanded what if the Lords refused to joyne with them and put them off by an adjournment of their House c. If it be replyed that then the whole Representative should doe it and above halfe of them were violently kept out of the House and detained prisoners making themselves thereby an unparliamentary Junto as Mr. Prinne called them it is replyed that those that were so detained voted a Treaty with the King after the Houses when they were free had resolved voted and declared upon pai● of Treason that there should be no further Addresse unto him nor any Message be carried from him both Kingdomes having declared against any Treaty with the King untill satisfaction for blood already spil● and security for the peace of the Kingdome endeavoured a peace with him and thereby to contract the guilt of the blood of the three Kingdomes upon the Land which those that had power and assistance to prevent ought not to suffer that true religion which wee had covenanted to preserve and defend requires satisfaction for blood And this is considerable that the commands of God to doe Judgement and Justice to put to death the Murtherer is given and delivered in the same phrase and manner of speech a● all the rest of the commands of God Thou shalt not kill thou shalt not steale c. So the lawes of punishing murtherers were given to the children of Israel and not to Moses ●●ly or the Judges and Princes In Israel N●mb 35. 10. And the Congregation was to judge betweene the slayer and the revenger of blood vers 24. Whether it was done wittingly and of purpose or by accident and it is said vers 31. YEE shall take no satisfaction for the life of a Murtherer c. And what is more common in Scripture then this that if the King doe popular wickednesse the people suffer because the King cannot doe such wickednesse but by the people and the people ought no● to suffer the King so to doe And if the people doe wickedly the King not punishing them the King suffers because did he execute judgement and justice the people would not doe wickedly and God hath not exposed either the King to suffer by the people or the people by the King without controul or just punishment proportionable unto their mutuall demerits and that the people should not suffer their Kings Rulers to doe wickedly but ought to punish them according to their demerits hath been the declared judgement of many Protestant Divinee I shall begin with one of these Subscribers not that I think he deserves the honour of priority but that his own● mistake may be the more obvious unto observation It is Mr. Christopher Love Pastor of Anne Aldersgate in his Sermon preached at Vxbridge and printed having spoken before of the blood-guiltinesse of the King yea intimated unnaturall and horrible blood-guiltinesse in him as if he had been guilty of K. James his death and Prince Henrie's death the blood of the Protestants in R●●hel and the Rebellion of Ireland and all the Protestant blood shed there pag 23. of the said Sermon stiled Englands Distemper and thereby made him the troubler of England as Achan was of Israel hath these words page 32. It was the Lord that troubled Achan because bee troubled Israel Oh that in this our State Physicians would resemble God to cut off those from the Land who have distemperd it Melius est 〈◊〉 perea● unus quamunitas Immedicabile vulnur Ense recidendum est ne pars sincer a trabatur But yet more plaine page 37. Speaking of those with whom we should not admit of a peace hath this intire sentence Thirdly Men who he under the guilt of much innocent blood are not meet persons to be at peace with till all the guilt of blood be expiated and avenged either by THE SWORD OF THE LAW OR LAW OF THE SWORD else a Peace can neither be safe nor just Mr. Love will not say that the King was not guilty of much innocent blood lest he should contradict himselfe neither will he say that blood-guiltinesse can be expiated but by blood lest he should contradict the Scriptures neither can he say but the King was cut off either by the sword of the Law OR LAW OF THE SWORD without which he hath already said that a Peace can neither be safe nor just Again Mr. John Knox the Scottish Reformer a man of known Religion and Learning of the Presbyterian judgment in his 78. page of his Book called the appellation of John Knox having declaimed against the establishment of Idolatrous and persecuting Kings and Rulers by the people hath these words Neither can oath or promise binde any such people to obey and maintaine Tyrants against God and his truth knowne but if rashly they viz. the people have promoted any manifest wicked person or yes ignorantly have chosen such an one as after declareth himselfe unworthy of Regiment over the people of God and such be all Idolatrous and cruell persecuters MOST JVLTLY MAY THE SAME MEN DEPOSE AND PVNISH HIM that unadvisedly before they did nominate appoint and elect Againe Doctor John Ponnet a Protestant Divine in his Book● called Ashore