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conscience_n bind_v law_n sin_n 5,701 5 5.5852 4 true
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A79833 The golden rule, or, Justice advanced. Wherein is shewed, that the representative kingdom, or Commons assembled in Parliament, have a lawfull power to arraign, and adjudge to death the King, for tyranny, treason, murder, and other high misdemeanors: and whatsoever is objected to the contrary from Scripture, law, reason, or inconveniences, is satisfactorily answered and refuted. Being, a cleer and full satisfaction to the whole nation, in justification of the legal proceeding of the High Court of Justice, against Charls Steward, late King of England. The first part. / By John Canne. Canne, John, d. 1667? 1649 (1649) Wing C440; Thomason E543_6; ESTC R204183 32,291 40

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us our sins as we forgive them that sin against us For there is no reason from the nature of sin and the nature of Gods Law why we can say more the subjects and sons sin against the King and Father then to say the Father and King sin against the sonnes and subjects 3. The King killing his Father Jesse should sin only against God but not break the fift commandment nor sin against his Father 2. As all Emperors Kings and Princes are subject to the Lawes of God of nature and Nations so are they bound in conscience to give satisfaction and recompence to their subjects against whom they sin in this nature and David himself determines so much in his own cause And Davids anger was greatly kindled against the man the man was himself 1 Sam. 12.7 thou art the man and he said to Nathan as the Lord liveth the man that hath don this shall surely die 3. For the reason of Davids speech in saying against thee thee only have I sinned Expositors are diversly minded some say he meaneth none durst judge or punish him but God onely Lorinus the Jesuit observeth eleven interpretations of Ancient writers all to this sence It is true Beda Euthymius Ambrose Chrysostome Basil Theodoret do acknowledge from the place de facto there was none above David to judge him so Augustine Basil Gregory Arnobius Dydimus Hieronim But the simple meaning is Against thee only 1. As my eye witnesse and immediate beholder for he conceal'd his sin from men but could not from God 2 Sam. 12.12 2. Because as the cause stood God only could remit the punishment of his sin 3. By only he means comparatively as if he should say principally and especially against thee Isa 43 5 Psal 41.3 and the word a 1 King 15.7 Josh 1.7.18 1 Sam. 18.17 only is often so taken 4. The Sanedrim did not punish David Ergo it was not lawful for them nor is it lawfull for a State to punish a King for any act of injustice is logick which we may resist 5. Had the adultery and murder been publickly known and complained of to the Great Councel of the Kingdom I do affirm and will stand to it that they might judicially have proceeded against him for it And because some wil be ready to brand this under the scornful terme of a new light or think I am singular herein I shall here set down the judgment of a judicious and learned professor of Divinity Mr. Sam. Rutherfurd a Scotchman Preem of Elect of King qu 26 p 241 The Prelate saith he draweth me to speak of the case of the Kings unjust murder confessed Psal 51. To which I answer He taketh it for confessed that it had been treason in the Sanedrin and States of Israel to have taken on them to judge and punish David for his adultery and murder but he giveth no reason for this nor any word of God and truly though I will not presume to go before others in this Gods law Gen. 9.6 compared with Numb 35.30,31 seemeth to say against them Nor can I think that Gods law Deut 1,17 2 Chr. 19 6,7 or his deputy the Judges are to accept the persons of the great because they are great and we say we cannot distinguish where the Law distinguisheth not The Lord speaks to under-Judges Levit. 19.15 Thou shalt not respect the person of the poor nor the honor of the person of the mighty or of the PRINCE for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth I grant it is not Gods meaning that the King should draw the sword against himself but yet it follows not that if we speak of the demerit of blood that the Law of God accepteth any Judge great or small and if the STATE BE ABOVE THE KING as I conceive they are though it be a humane politick constitution that the King is free from all coaction of law because it conduceth for the peace of the Common-wealth yet if we make a matter of conscience FOR MY PART I SEE NO EXCEPTION THAT GOD MAKES OF IT if men make I crave leave to say A facto ad jus non sequitur Thus that Reverend Author Lastly This sin against Vrijah was personal and a private injury into which David fell by occasion and out of humane frailty it was the first and only sin that he committed in this kind that ever we reade of he made no trade of it he repented for it and never relapsed after into it Whereas Charles Steuart in a hostile and publick way hath murdered many thousands of his best subjects by giving Warrants and Commissions under his own hand to Atheists and Papists personally appeared in many battles to destroy the people caused sundry villages towns and cities to be ruinated by fire plunder rapine authorised villanous Pirates of other nations not to mention his own Son nor Rupert that monster of mankind to rob and kill his own subjects at sea gave Ormond commission and the bloody Irish to kill and massacre not so few as two hundred thousand men women and children of the Protestant religion in Ireland not to speak of fifteen hundred widowes which he made in one morning as Mr. Henderson told him nor the losse of Rochel in France by his lending ships to the French King and this was his trade and constant practice many yeers together and doubtlesse would have continued so to this day had not the Lord of Hosts by a powerfull hand using our Army as instrumental means supprest him and for all this his heart never smote him as it could be perceived but remain'd impenitent and incorrigeble in his sins 9. obiect It is likewise objected Jer. 29,7 That the children of Israel were commanded by God himself to pour out supplications prayers for the peace and prosperous estate of Nebuchadnezer a most cruel tyrant and that it was not lawfull for the Jewes to withdraw themselves from the subjection which they did owe unto his Empire Neither would the Lord authorize the people to deliver themselves from under Pharaoh but made Moses a Prince to bring them out of Egypt with a stretched out arm Nor did the Lord deliver his People by the wisdom of Moses or strength of the People or any act that way of theirs but by his own immediate hand and Power Hence conclude that subjects may not punish their Kings for any misdemeanour Answ 1. The Jews were not only subjects and of a private condition but likewise most of them servants and bond-men under the power and Empire of the Caldeans and therefore for private men to rise up against the Magistrates or to resist them with force of arms had been unlawfull 2. And let it be observed that the Jews came by the immediate appointment of the Lord under the power of the Caldeans of which thing they were often preadmonished and fore-told by the Prophets so that it was not only
of God and men therefore not within the limits of this text and therefore to be resisted and the Person punishable 4. Howsoever the lawfull power of Princes be of God yet the tyranny it self and abuse of this power is of Satan and therefore though the power it self which is good and profitable be to be honored and continued yet the tyrant justly may be condemned to death as not within the compasse of this text 13. Obje And thus much for the first sort of Objections we come now to the rest Kings some say are in dignity and power above tho people their persons sacred not criminal or obnoxious to any tribunal but that of God King Theodor. in Cassidore speaking of himself Cassi var. l. 6 var. 4. hac sola ratione discreti quod alteri subdi non possimus qui Judices non habemus In this respect we are distinguished from others that we cannot be subject to another who have no Judges over us Impune quidvis facere id est Regem esse I have read in Plutarch that Alexander Magnus published he was the son of Jupiter Hammon yet when he saw the humor running down from his wounds was constrained to say this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the blood of man not of God and smelling the stench of his own flesh asked his flatterers if the gods yeelded such a stench Princes specially of late have deem'd themselves to be None-such and altogether unlike other men but when they shall see themselves as prisoners stand at the bar and justice don upon them they will think otherwise of their condition I know what the common saying is Quidquid delirant Reges plectuntur Achivi What fault soever Kings commit The subject must be hang'd for it A practice against Scripture reason and conscience It is no Law grounded upon any divine principle That the King doth no wrong only his wicked Councellers and bad instruments must be punished but he not the Lord saith the soul that sinneth it shall dy and in all ages hath punished the author of sin and persons commanding such and such wickednesse more severely and extreamly then the agent who acted by the others warrant commission and authority We see dayly the mother punished for her whordom yet the bastard spared but that the bastard should suffer and the mother escape it is such a thing as I think was never heard of Now touching the objection I answer 1. Simply absolutely the people are above and more excellent then the King and the King in dignity inferior to the people and the whole Kingdom and this I prove 2 Sam. 19.9 Psa 78.70.71 1 Sa. 10,1 Ro. 13.4 1. Because he is the mean ordained for the people as for the end that he may save them a publick shepheard to feed them the captain and leader of the Lords inheritance to defend them the Minister of God for their good 2. The pilot is lesse then the whole passengers the General lesse then the whole Army the physitian lesse then all the living men whose health he careth for the Master or Teacher lesse then all the Schollers because the part is lesse then the whole The King is but a part or member of the Kingdom 3. Those who are given of God as gifts for the preservation of the people to be nursing-Fathers to them those must be of lesse worth before God then those to whom they are given for the gift as a gift is lesse then the party on whom the gift is bestowed But the King is a gift for the good and welfare of the people as is manifest Esa 1.26 4. People though mortal in the individuals yet in the species cannot dye Ecc. 1.4 but the King as King may and doth die and therefore more excellent then that which is accidental temporary and mortal 5. The people are before the King and may be without the King and therefore must be of more worth then that which is posterior and cannot be a King without them 2. The people in power are superior to the King and that upon these reasons 1. Because every efficient and constituent cause is more excellent then the effect every mean is inferior in power to the end But the people are the efficient cause the King is the effect Isa 3.7 the people are the end both intended of God to save the people to be a healer and physitian to them 2. Common reason Law and experience manifests that the whole or greatest part in all politick or natural bodies is of greater power and jurisdiction then any one particular member Thus in all corporations the Court of Aldermen and Common-Councel is of greater power then the Major alone though the chief officer so the whole Bench then the Lord chief Justice and the whole Councel then the President And it is Aristotle's expresse determination Pol lib. 1 C. 2. l. 3. c. 8. Majorum rerum potest as jure populo tribuitur The King as we sayd just now is but a part or member though I grant a very noble and eminent member of the Common-wealth 3. The Soveraign Power to make Laws and so a power eminent in their states representative to govern themselves is in the people Ergo 4. Those who can limit power and bind royal power in elected Kings they in power are superior to Kings Peter speaking of Kings and their Supremacy cals them a creature or humane ordinance because it took its originall and rise from men and can be bound limitted or restrained as they see occasion 1 Pe 2.13 Coverrunias a great Lawyer saith Cover Tom. 2. pra quest c. 1. n. 2. 3. That all civil power is penes remp in the hands of the Common-wealth and it is a received principle That Soveraign Power eminently fontaliter originally and radically is in the people But it is objected The people have made over their right and whole power to the King all is freely given up into his hands and so may not retract or take back what they have once given Answ 1. It is a thing neither probable nor credible that any free people when they voluntarily incorporated themselves into Kingdoms and of their own accord set up an elective King over them that there was such a stupidity and madnesse in them as absolutely to make away their whole power to the King and his heirs for ever and to give him an entire full and incontroulable Supremacy over them and so to make the Creature superior to the Creator the derivative greater then the primative the servant more potent than themselves and so of free-men to make themselves slaves and for their more safety to be more enslav'd 2. People cannot by the Law of nature resign up their soveraign and popular power authority and right into the hand of a King for neither God nor natures Law hath given them any such power 3. He who constituteth himself a slave is supposed to