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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85396	Hybristodikai. The obstructours of justice. Or a defence of the honourable sentence passed upon the late King, by the High Court of Justice. Opposed chiefly to the serious and faithfull representation and vindication of some of the ministers of London. As also to, The humble addresse of Dr. Hamond, to His Excellencie and Councel of warre. Wherein the justice, and equitie of the said sentence is demonstratively asserted, as well upon clear texts of Scripture, as principles of reason, grounds of law, authorities, presidents, as well forreign, as domestique. Together with, a brief reply to Mr. John Geree's book, intituled, Might overcoming right: wherein the act of the Armie in garbling the Parliament, is further cleared. As also, some further reckonings between thesaid [sic] Dr. Hamond and the authour, made straight. / By John Goodwin.	Goodwin, John, 1594?-1665.; Glover, George, b. ca. 1618, engraver.	1649 (1649)	Wing G1170; Thomason E557_2; ESTC R12380	138,495	164

doth more deeply pierce or wound the conscience under the guilt of sin than the rememberance of those great and many ingagements which God hath laid upon the sinner to abstain from all iniquity as there is nothing more sovereign or efficacious to preserve men from the perpetrating of sin under tentation than such a consideration or rememberance Gen. 39. 9 2. Sam. 12 7 8 9. Mat. 18 32 33. c. But I hasten Enough I presume with advantage hath before this been Sect. 83 argued to wash off the colour of this plea The proceedings against the King are not justifiable because he had no reasonable ground or means whereby to conceive or judge that his life could lawfully be taken from him for those crimes for which he was sentenced To omit severall other things which have received a just debate sufficient to reconcile this pretence with the sentence awarded against the King that the Law of God against Murtherers and unjust shedders of bloud so oft repeated in the Scriptures so fully explained and vindicated in this Discourse gave light in abundance unto the King whereby to see and understand that for those very crimes and bloudy perpetrations of which he was arreigned his life was obnoxious to the hand of humane Justice or rather of Divine Justice executable by the hands of men So that if he were ignorant of his liablenesse unto death for the misdemeanours committed by him it was Ignorantia Juris non facti which as Aristotle saith excuseth no man Besides the frequent cases and examples of Justice executed upon Kings by their Subjects obvious as well in the Records of Scriptures as in the Histories of many Nations a first-fruit whereof hath been presented in this Treatise were abundantly sufficient to give the light of this information unto him that if he sinned against the bloud of his people it would render him ipso facto a child of death Besides had he not defaced that writing which was written by the finger of God himself in the tables of his own heart here might he have read it in characters legible enough that he that unjustly takes away the life of another makes a present forfeiture unto Justice of his own Nor was the taking of the Protestation or National Covenant Sect. 84 by the Parliament and Kingdom after the Kings ingagement in bloud any sna●e upon him in this kind as ministering any sufficient ground unto him to conceive or judge that Kings might destroy the lives of their Subjects as they pleased without being countable unto the Justice of their Laws for the same It is contrary to all principles of reason or common sence to think that either the Parliament or Kingdom should do any such act which in the direct and native tendencie of it should either flatter or incourage the King in wayes so out●agiously destructive to their lives Liberties Estates as those were wherein he was now driving furiously when the Protestation and solemn Covenant were taken by them But such an Act as this do they pretend to be done by them who affirm that by their taking the Protestation and Covenant for the Preservation of the Kings Person after he had lift up his hand unto bloud they ministered a sufficient ground unto him to conceive either that for what he had already done in that way he was not obnoxious either to the Law of God nor to the Laws of the Land inflicting death but especially to conceive that what progresse or advance soever he should make in the same way yet they meant never to question him but to make the ●hoicest threasure of his life though he should make the ●●se●● dong●e of all theirs But the substance of this plea was formerly weighed in the balance and found too light when we clearly proved that there was no ingagement made by any man in taking either the Vow Prot●station or Covenant for the Preservation of the Kings life or Person but onely conditionall that none of those conditions for there were more than one upon which the takers of any of the three became actually ingaged o● bound to the said Preservation were performed by the King And the truth is that all that was ministered by way of occasion or ground unto the King by those Acts of the Parliament and Kingdom lately mentioned was for him to judge and conceive 1. that they both affectionately desired his honour life and happinesse 2. That in case they could not procure or obtain them in conjunction with the liberties peace and safety of the Kingdom that they meant to provide for these whatsoever became of the other To draw towards a Conclusion of the present debate if Sect. 85 the righteousnesse of the Sentence passed upon the King be not impleadeable by the office of a King vested in him much lesse is it impeacheable by his innocencie Doubtlesse never was there any person under heaven sentenced with death upon more equitable or just grounds in respect of guilt and demerit As for Ner● Maximinus and other Heathen Tyrants though the letter of their guilt might possible be as deep or deeper than his yet the spirit of it was but light and shallow in comparison They wanted the light of that knowledge without which though men may be monstrously wicked yet are they not capable of admission into the Congregation of the first-born of sinners The King abounded with this light at least comparatively wrought in the face of it works of darknesse horrid works of darknesse Oh how great was the darknesse of such works Some rise up early to commend and praise him for his parts of knowledge wisdom understanding c. but do these men know that speaking these things they put him to the greater rebuke and justifie his Judges who condemned him so much the more That servant saith the great and righteous Judge of all the earth which knew his Lords will and prepared not himself neither did according to his will shall be ●eaten with many stroaks * Luk. 12. 47. Knowledge and ●●derstanding are the great inh●●nsers of sin and cause the fo●●ace of hell to be h●● s●ven times hotter than ordinary But for the criminal demerits of the King which make the righteousnesse of the Sentence against him like unto the light at noon-day I shall not mention th●● in words of mine own l●st I be charged with undue aggravations but shall present them in such ●●●ms wherein his best and most cordiall Friends at least in appearance and such who took hold of shield and buckler for his Defence in the time of his greatest danger have before me represented them unto the world M r. Prynne who in zeal to the Kings cause attempted to Sect. 86 shake Heaven and Earth and who because he could not with Joshua cause the Sun to stand still in the midst of heaven untill he had acted his part in favour of him procured in stead thereof the turning of a naturall night into an

Thou see'st not whom thou see'st then doe not say That this is HEE who cash a lump of clay Without it's soule a man● thou see'st ne● more Nay but the SHADOW of that lumpe what 〈…〉 Of gifts and graces what perfections rare Among ten thousand persons scatt'red are Gather in one Imagine it to bee This SHADOWES substance and then say us HEE DT G G sc●●t Ὑβριστοδικαι THE OBSTRVCTOVRS OF JUSTICE OR A Defence of the Honourable SENTENCE passed upon the late KING by the High COURT of JUSTICE Opposed chiefly to The Serious and Faithfull Representation and Vindication of some of The Ministers of LONDON As also to The Humble Addresse of D r. HAMOND to His Excellencie and Councel of Warre Wherein the Justice and Equitie of the said SENTENCE is Demonstratively Asserted as well upon clear texts of Scripture as principles of Reason grounds of Law Authorities Presidents as well Forreign as Domestique Together with A brief Reply to M r. Jolm Geree's Book intituled Might overcoming Right wherein the Act of the Armie in garbling the Parliament is further cleared As also Some further Reckonings between the said Dr. Hamond and the Authour made straight By JOHN GOODWIN But thou O God shalt bring them down into the pit of destruction bloudie and deceitfull men shall not live out half their dayes Psal 55. 23. Howl Fir-tree for the Cedar is fallen Zech. 11. 2. And all the people of the land rejoyced and the citie was in quiet For * So the former Transl read it 〈◊〉 and Tr●mell Post q●●● ● after that they had slain Athaliah with the sword beside the Kings house 2. Kings 11. 20. Fiat Justitia ruat Coelum Ad Generum Cereris sine caede sanguine pauci Descendunt Reges siccâ morte Tyranni Juven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Odyss LONDON Printed for Henry Cripps and Lodowick LLoyd and are to be sold in Popes-head-Alley 1649. TO THE RIGHT HONOURABLE THE COMMONS of ENGLAND Assembled in Parliament RIGHT HONOVRABLE THe Glorious God who as Elihu saith accepteth not the persons of Princes * Jo● ●4 19 hath by your hand cast down the mighty from their seat his next work I trust will be the exaltation of those of low degree by the same hand I mean the redemption of this poor afflicted distracted distressed and long oppressed Nation out of all her troubles I confes when I look upon the manifold grand discouragements which you still meet with from the unthankfulnesse of that People with whose liberties comforts and well being in every kind your soul daily is in travail I apprehend great cause of fear lest your hands should hang down from the work considering that the arm of omnipotencie it self contracted an impotencie when time was from the unworthinesse of those for whose sake it was otherwise readie to have lift up it self gloriously And he COVLD ●aith Mark speaking of the Lord Christ being now in his own countrey there DO NO MIGHTY WORK * M●●● 6. 5. the reason whereof is plainly expressed by another Evangelist viz. because of their unbelief † Matth. 1● ●● ● by a metonymie of the effect put for the cause because of the frowardnesse and great aversnesse of their spirits either to inquire after or to consider of such things which were proper and effectuall being duly considered to have raised a belief in them that he indeed was their Messiah He COVLD DO NO mightie work for this People .i. he had no mind no desire the want whereof is an impotencie ●s to action to gratif●e so unworthy a generation of men at so high a rate Or else He could do no mighty work c. ● it was repugnant to the Law of that wisdom and righteousnesse by which as God he governs the world for him to do any matters of that sacred import for such men But he who once by himself could do no mighty work for a carelesse froward and thanklesse People at another time by Moses his servant was able and willing too to bring water in abundance out of a rock for the preservation of the lives of such men and their cattell whom Moses himself thought it no wrong to call Rebels * M●●●●● 1● 11. As the Devil whether through want of will or of power otherwise i● not so ●a●●e to determine is not wont to work those mischiefs in the world immediately or by himself which he frequently worketh by the mediation of Witches and other Instruments anointed by him for his service so neither is the glorious God pleased to act such matters of Grace for the children of men with his arm unbared which he is many times readie and willing to do for them when he hath Agents at hand taken from amongst m●n pleasing to him and meet to make a covering for his arm in reference unto such actions Thus whilest he had Joshua by whom to negotiate the affair and so those Elders who had lived with Joshua and out-lived him he kept the people of Israel from Idolatry * Josh 24. 31. Afterwards he did the like by the hand of those Judges whom he was pleased in a way more than ordinarie to raise up and set over them whereas still in the intervalls between Judge and Judge which were sometimes larger and sometimes lesser he suffered this People to turn aside after Idols In like manner by the hand of the faithfull High-Priest ●●●●●ada whilest he was in being he steered the young King ●●●sh in wayes that were good but his Instrument and Steers-man failing him by death he suffered this King to ruin himself by groves and Idols † Esa 31 3. Examples in this kind are no ●arities in Scripture The 2 Chr. 24 ●● 18. hope I have that God hath fitted you for a covering of complacencie and delight to his own arm in order to the lifting up of this poor Nation from the gates of death will not I trust make me ashamed I beseech you therefore know no discouragements after the flesh Your enemies ar● m●n and not God and th●i● horses fl●sh and not spirit * W●●● the Lord shall stretch out his hand both he that helpeth your opposers and he that is holpen shall fall down and they shall all fail tog●th●r There is but a st●p between those mountains which magnifie themselves against you and their melting down into plains You know who it is that onely by touching the mountains makes them to smoke If you value your selves by your selves and by your friends made of men you estimate your hay and stubble but forget your silver and gold The strength of the Almightie becomes yours onely by-laying claim to it and dependance on it How came Ch●mosh to be the god of the Moab●t●s or Ashtaroth the god of the ●●donians Did these relations acc●ue unto them upon any other account than meerly their own choise of these abominations to serve and worship them as Gods If you

constituent is above the constituted If we regard the derived and executive power in Parliamentarie Acts they make but a totall and compleat Soveraign power yet so as the Soveraign power of the Parliament being habituall and underived a prime and fountain power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie Acts as is clear in that the Parliament make Kings * I●●● p 37● It were easy to make the pile of such quotations as these from this Author far greater and to shew how frequently he stiles the King one while the Servant otherwhile the vassal of the Common-wealth So that our London Presbyters in their most audacious shamelesse and seditious vociferations and out cries against the Parliament as having no Authoritie or right of power to proceed as they did against the King and upon this effeminate account desperately charging the most exemplary Act of Justice and for which the world round about them yea even Kings and Princes themselves may have cause to blesse them in sentencing him unto death with the odious and horrid imputation of Murther do as well defie their own great Oracle of Presbyterie as the Parliament withall acknowledge men of greatest learning worth and parts in the Order of Presbyterie to be tainted with errours of as soul and hatefull a nature and import as any that are lightly to be found amongst those whom they honour with the ancient badge of Christianitie and call Sectaries M r Prynne another authour of their own supreme glorie Sect. 10 of their Interest in the Law as the former in Divinitie doth not onely acknowledge but voluminously and abundantly demonstrates if the frontispice flattereth not the bodie of his building the superioritie of our own and most other forreign Parliaments States Kingdoms Magistrates collectively considered over and above their lawfull Emperours Kings and Princes by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts c. Our London Pulpittiers who abuse their credulous and malignantish Auditories by teaching for Doctrine this tradition of their own that the Parliament had no more right to deal by the King as they have done than a thief by the high way to take their purse should have acquitted themselves like men and deserved in part that Interest and Authoritie in the consciences of men which they expect and claim as their due if they had substantially answered the two Books now mentioned composed by Jachin and Boaz. * 〈…〉 the two great Pillars of their own porch before they had suffered themselves to be so deeply baptized into Shimer's spirit as to bring the railing accusation of Murther against the Parliament for their just and regular proceedings against the King Howsoever etenim fas est ab hoste doceri by what the two late named Authours have upon irrefragable premisses concluded it fully appears that the people or their Representative are superiour in power or authoritie unto the King and consequently that this Maxime Par in parem non habet potestatem suffered not by the Kings suffering under the Parliament Besides Reason it self gives the superioritie of power to the Sect. 11 people or Parliament and not to the King For 1. as the Apostle argues the preheminencie of the man above the woman from this consideration that Adam was first formed then Eve * 1 Ti● 2 ●● so may we inferre the like prerogative of the people over the King The people were first in being the King takes his turn after them is not till they have been 2 The same Apostle concludes the same preheminence of the man over the woman from hence also that the man is not of the woman but the woman of the man * 1 C●r ●● 8 The same foundation is as pregnant to bear the superiority of the people above the King The people are not of sprang not from Kings but Kings of and from the people 3 The same Apostle yet again derives the prementioned priviledge upon the man from this spring The man was not created for the woman but the woman for the man * 1 C●● 11 9. In like manner it being evident that the people were not made for Kings but Kings for the people it follows merrily upon the same wheel that the people have the precedency in honour before the King 4 The servant is not saith our Saviour greater that his Lord * John 13 1● but on the contrary the Lord then his servant Now the King bears the Relation of a politicall Servant or vassal to that State Kingdom and people over which he is set to Govern as appeareth by those three essentiall characters of servitude inseparably attending his office 1. Regulation or appointment of work 2. Wages in consideration of his work duly and faithfully performed 3. And lastly an obnoxiousnesse to a laying aside by the people when they see it meet The King hath his work of Governing appointed or set out unto him by the people in those Laws which they constitute and make for their own Government and his by their Representatives or Trustees in Parliament Secondly he receiveth such allowance or proportion in wages in consideration of his work in governing as the people or State whom he serveth herein judge meet and reasonable to conferre upon him For this cause saith Paul meaning for their work and faithfulnesse in governing pay ye tribute also viz. unto Kings or rulers as ye pay wages unto servants onely you pay it under another name the nature of this royall service being more Honourable than common services are and the exigency of it for your good requiring greater respects in terms and otherwise then inferiour services doe The Crown is but the Kingdoms or peoples livery Thirdly and lastly the Servant saith our Saviour abideth not in the house for ever 1. necessarily or upon any such terms but that his Master is free notwithstanding any Law of God or of nature to put him out of his house when ●e seeth cause yea though the cause be not very materiall or weighty but the Son abideth for ever * 〈…〉 In like manner the people I mean collectively taken have no Law of nature or of God upon them which prohibiteth them from laying aside a King or Kingly Government from amongst them when they have a reasonable cause for it Such a cause as this they have I mean that which is just and reasonable and competent for so doing when either they find by experience that Government by Kings hath been a nuysance to the peace or liberties of the people ●…nd apprehend by reason that if continued it is like still so to be o● find that the charge of maintaining such a Government hath been and if con●inued is like to be for the future o●e-barth●n'om to the State conceiving upon good g●●und withall that another form of Government will accommodate the Interest of the State upon equall or better terms with lesse

inheritance to their Posterity with augmentation so for any age or generation of men in the course and current of time to increase the threasury of virtuous and worthy Presidents which they received from their fore-fathers by casting into it of their own for the greater benefit of those to whose turn it comes to receive life and being after them is or at least ought to be so far from reflecting matter of disparagement upon th●m that in rational Construction it must needs be a memorial of honour unto them throughout all generations 3. What reason can be given why it should not be lawfull Sect. 73 for the Son to be of the Fathers occupation supposing this to have been lawfull or for later ages yea or this present age not to make presidents for those that are yet to come as well as it was for former ages to serve these with the same commoditie Worthy examples of former times are directive and ingaging but not exclusive or confining Nay 4. Considering that of the Prophet David Day unto day Sect. 74 uttereth speech and night unto night sheweth knowledge * Psal 19 2. i. That every succeeding age hath an opportunity of being wiser then the former by having the experience of the wisdom of the former given in unto it by way of advance the best and richest capacity of making Presidents ought still to be adjudged to the present age And therefore as it would be a very simple kind of reasoning to infer thus A man whilst he was a child a youth a young man did not buy land govern a family bear office in a Common-wealth c. Therefore he ought to do none of these things now he is come to be a man So is it not an argument of much more conviction which concludeth thus The world in the Infancie youth middle age of it did neither so nor so did not provide for it's own peace and safety by the arreignment of their Kings when they turned Tyrants and Destroyers of their people therefore the world in the maturitie and perfection of it ought not to do it 5. Christians are in speciall manner injoyned to president good Sect. 75 works for so the Originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beareth i. to 〈…〉 14 make new patterns or presidents of virtuous and worthy actions for others to follow and work by yea and not simply to V●… make such presidents as these but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. to be carefull or industrious about making them or to make them to inquire where others have been dark or defective in the knowledge of the will of God or in the practice of it and to supply the one by their diligence in inquiring out the truth and the other by their faithfulnesse and conscientiousnesse in the practising of it being known But Sect. 76 6. And lastly to this the Truth is that they do but unworthily defame the Justice and Wisdom of the world in former ages who render it as defective in Presidents of the deposall arreignment and Execution of Kings upon perpetrations deserving death There are some pieces published of late where presidents of this kind are to be seen as plentifull as silver or Cedars were in Jerusalem in the dayes of Solomon who made the one to be as stones and the other as Sycom●r●-trees which grow abundantly in the plain * 1 K●ng ●● ● In one of these you may read that when the Romans their Empire decaying had quitted and relinquished what right they had by conquest to this Island and re●igned it all into the peoples hands the people thus reinvested with their original Right about the year 446 both elected them Kings whom they thought best the first British Kings that ever reigned here since the Romans and by the same right when they apprehended cause usually deposed and put them to death * Te●●re of Kings and Magistrates by J. ● pag. ●4 The same Authour not long after reports from Sleidan that in the ye●r 1546. the Duke of Saxonie Landgrave of Hessen and the who●e Protestant League raised open War against Charls the fifth their Emperour sent him a defiance renounced all Faith and Allegiance towards him and debated long in counsel whether they should give him so much as the title of Cesar Let all men judge what this wanted of deposing or killing but the power to do it He adds that in the year 1559. the Scotish Protestants claiming promise of their Queen Regent for Liberty of Conscience she answering that promises were not to be claimed of Princes beyond what was commodious for them to grant told her to her face at the Parliament then at Sterling that if it were so they renounced their obedience and soon after betook them to arms glossing that certainly when Allegiance is renounced that very hour the King or Queen is in effect deposed And to let the world know saith my Authour in processe of discourse that the whole Church and Protestant State of Scotland in those purest times of Reformation were of the same belief viz that Kings if they offend have no priviledge to be exempted from the punishment of Laws more than any other man about the year 1567 they met in the field Mary their Hereditary and lawfull Queen took her prisoner yielding before fight kept her in prison and the ●ame year deposed her And four years after that the Scots in justification of their deposing Queen Mary sent Ambassadours to Queen Elisabeth and in a written Declaration alledged that they had used towards her more lenity than she had deserved that their Ancestors had heretofore punished their Kings with death or b●nishment That the Scots were a free Nation made Kings whom they freely chose and with the same freedom unkinged them if they saw cause by right of ancient Laws c. Concerning the State of Holland the same Authour saith that in the yeer 1681. in a generall Assembly at the Hague they abjured all obedience and subjection to Philip King of Spain and in a Declaration justified their so doing for that by hi● tyrannous Government against faith so often given and broken he had lost his right to all the Belgique Provinces th●● therefore they deposed him and declared it lawful to ●h●s● another in his stead Elsewhere in the same Discourse having given a reason why Tyrants by a kind of naturall instinct both hate and fear none more than the true Church and Saints of God inferrs thus No marv●il then if since the faith of Christ received in purer or impurer times to depose a King and put him to death for Tyranny hath been accounted so just and requisite that neighbour Kings have both upheld and taken part with Subjects in the action And Ludovi●us Pius himself an Emperour and son of Charls the Great being made Judge Du Haillan is my Authour between M●l●gast King of the Vultzes and his Subjects who had depo●ed him gave his verdict for the Subjects and