punished by that Lord against whom he hath offended who is the peoples and those that represent them I must be ingenious and confesse that Shickard seems to question whether the Jewes ever did put their Princes to death He saith they did not with every kind of punishment nor as he thinketh with Capitall punishment punnish any of their Princes But notwithstanding this opinion of Shickard I am no way moved to think but that both they might and did upon occasion put their Kings to death Surely he that may be whippped for a lesser may be hanged for a greater fault And if so be the Iewes might and did as Shickard himself acknowledgeth bring their Kings unto whipping why might they not upon the same reason bring them unto a greater punishment when deserved And to put it out of doubt that instance which I gave in my last out of the 2 Chro. 25.27 maketh it clear that they did put Amaziah King of Judah unto death Obj. But you will say that place is not clear because in some translations it is rendered they committed Treason in others they made conspiracy therefore you will say can either of those be presentable Rep. To this I reply thus much how ever the Word is translated we must eye its meaning not translation It is not our happynesse that all the words in the Bible are truly translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 From 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ligare or that where they are they are rightly understood The Word therefore in that place which is translated they made a conspiracy * properly signifieth to bind and to agree together as under a bond Now all be it that it is somtimes used to be taken in a bad sense it is not therefore to be understood where ever the Word is used that it is taken in a bad sence For the same word is used in the 2 Kings 9 14. concerning Jehu it is said he conspired against Joram Now certainly what he did against Joram was not unlawfull neither is the word so to be understood for we know he was annoiuted by God unto that worke and it is probable in that he had the concurrence of the servants of God of whom it is mentioned verse the 11. Now there be three Reasons that make me something confident that this act of putting King Amaziah unto death was lawfull and immitable First because the Holy-ghost records it without mentioning any thing that might blemish it It is not noted there as in other conspiracies that it was done by any private man or by his servants but rather it is recorded as the act of all the People for it is said they conspired against him in Jerusulem Secondly 2 Kings 15.10 2 Kings 21.29 because the Holy-Ghost doth not record any publicke Cognizance that was taken for the thing as a crime nor any punishment inflicted upon any for it as we find in other cases of conspiracy Thirdly the Holy-Ghost sheweth it was done publickly so as he knew of it whereupon he fled for it they send after him and when he was slaine he was openly brought back upon horses which doth shew without doubt that had it not been done by authority and allowed of it would never have been owned so openly 2 Obj. But you will say how cometh it to passe that Shickard who professedly seemeth to enouire after the Jewish peoples power over their Kings had not observed any such things amongst the Rabbins Answ For that I conceive the true reason why he did not find any thing among the writings of the Rabbins now extant was this because their works are not ancient enough to give instance of this practise for besides pecuniary mulckes and whippings the Jewes had not for divers years Mainord in Hilch Sanhedrin cap. 11. any other puuishment among them for any crime whatsoever It is observed of the Criminalia Judicia that they ceased among the Jewes some yeares before the destruction of the second Temple and so much is observed out of the Jerusalem and Babylouish Talmud Hence it was that the Jewes did not put any to death for any fact whatsoever An instance of which we find in the case of one that defiled himself with a Beast * which by the very known Law was death In Berachos fol. 58. yet he was only whipped for it and the reason that is given for it is this because from the time that they were forced to go from their own land they did not put any man to death that is they had no power or at least they thought so to put any unto death for any crime whatsoever Hence Buxstorfe * conceiveth In Lexicon Talmud p. 514. was that speech of theirs John the 18.31 it is not lawfull for us to put any man to death not but that their Law did allow of putting of men to death as they themselves acknowledged John the 19. and 7. But it seemeth that power was taken from them and they could not execute it So that you do see there might be a great reason why Shickard could not light upon a passage that might shew him that the Jewes did put any of their Kings to death because that the Jewes for many yeares even for some yeares before Christs death had not that Power in any case whatsoever Thus far and a little further then I thought have I waded in this businesse of President and to wind up all you see how your scruples drawn both from the Covenant from pretended want of Authority in the Councell and also of want of President may be resolved What you adde besides these are inconsiderable that I shall passe them by only a word unto your fear about the consequence of this busines Ob. You will say Prudence in private persons doth much more Policy in publicke States should fore-see the worst and so order things as that the successe or event of them may be weighed before they be done and you conceive had the event of this work been well weighed it had never been done Answ Unto this I return shortly thus First suppose the event as bad as some wretches brag and some weak ones fear suppose upon the conjunction of Malevolent asspects of desperate foes and Apostate friends another Warre should arise yet here will be our comfort and our advantage that our enemies are such as oppose not only us but Justice it self and so Justice will be ingaged to preserve not so much our persons as his own actions Secondly Why should we so much dis-trust that sweet and powerfull Providence that all along especially of late hath appeared so clearly for us why shall we not hope that the same God that hath given us so many signall victories in great battels over that man of blouud when a live and in the field and who hath also helped us to suppresse so many such unparallel'd insurrections of his mutinous friends of late who I say should wee not hope the same providence will be
THE Resolver Continued OR SATISFACTION TO SOME SCRUPLES ABOUT The putting of the late King to death IN A Letter from a Minister of the Gospel To a Friend in London Together with a word to the Parliament the high Court of Justice Malignants discontented Friends and the People of the Nation Ad generem cereris sine cade vulnere pauci Descendunt Reges sicca morte Tyranni Ju. Sat. 10. Victiona haud ulla amplior potest magisve opima mactari Jovi quam Rex iniquus Seneca Herc. fur Assemble your selves and come gather your selves on every side to my Sacrifice that I do sacrifice for you even a great Sacrifice upon the Mountains of Israel that ye may eat flesh and drink blood ye shall eat the flesh of the mighty and drink the blood of Princes c Ezek. 39.17.10 London Printed by J. Clowes for Hannah Allen at the Crown in Popes-head-Alley 1649. THE Resolver Continued OR Satisfaction to some Scruples about the putting of the late King to death Deare Friend TRuth is the Daughter of Time not but that Truth was before Time for it is of an Eternall Nature but because Time that discovereth all things discovereth it Therefore Truth is called Times daughter But in more proper Phrase Time may be called Truths discoverer Partiality and Passion are two great Clouds that doe ecclipse Truthes discovery and till those are blowne over though that truth bee up yet it is not seene The truth of A Peoples power both to question and punish Tyrannous Princes is a Truth bearing date before the Creation of Kings Pure nature and right reason were as two great Pillars upon which that Truth was Ingraven with great Characters so he that raâ—…ne might read this that as A people 〈…〉 unto Kings when not See it was in their power for to nullifie that being when it proved nought 'T is true Government is of a divine Originall but the disposall thereof is humane God made Power but People made Princes Kings in regard of Power they are of God and by him they reigne but yet in regard of their Persons they are but from men As the Deity would not permit people to live without a Government so it would not priviledge Governours to rule without controule Lex indeed is from heaven but Rex is mundane As Kings were after so they are under Law The Septer of Government is golden but the hand which holdeth it is clay when this is broken because rotten that remaineth because t is righteous Albeit people may not cast off just power yet they may cast off unjust Princes And as 't is their Priviledge so it will be their prudence both pious and politique to intrust that Rule in the hands of many which hath been abused and ill managed in the hands of one When power contracted purifieth as it doth most commonly when it is pent up in a Monarchtick Cabbin the best way to rarifie it is to give it the larger roome of an Aristocratick counsell These beames shined bright enough and were seen clearely in former Ages untill the pride of Princes made them desire and the flattery of Parasites made them beleeve they were responsible to none but God they saw clearely and convincingly that as a People made them their Rulers so they were bound to rule and to be ruled by a Law which if once they did cast off the people might cast them off He was not as we say a Widgeon that when he committed the Sword of Justice to an inferiour Officer was wont to say As long as I doe Justice mannage this for me but when I cease to do Justice use it against me Tyranny invaded all Governments together The Popes infallibility and the unquestionablenesse of Kings are both of them Monsters of the same Litter And as the Pope was cryed up to be the sole Head of the Church and if he carried Millions to hell said the Jesuits none may controule him so Princes were Proclaimed sole Soveraignes of States and that their will were all the Law by which they ruled said their Flatterers none might say unto them what dost thou I cannot tell what fatall Conjunction hath been between the two visible Heads as they were commonly called and accounted of the State Ecclesiastique and Pollitique But surely their corruption hath so been alike as that I am apt to beleeve if they were not twinnes borne at once yet they are Bretheren of Iniquitie bredd and brought forth from the same Wombe of Wickednesse and Pride If as the Corruption of both did Coutemporize in the birth it joyne in its Death I shall not wonder They that said No Bishop no King spake truth though unawares And the downefall of Papall Bishops and Tyrannous Kings will not differ much in the time I am glad my last was so satisfactory unto you as that you were pleased to call it a Resolver It is the glory of truth when it is held forth by any it can reslove Onely some are so impudent as to say that it is not day when the Sunne it self doth shine we have a saying who so blind as he that will not see Surely wilfulnes is the greatest blindnes 'T is a Divine truth men are not onely Ignorant because they cannot but because they will not know the truth The Schoole-men have well observed that there is Ignorantia pravae dispositionis as well as Ignorantia purae negationis without doubt in many things the reason why people see no more is not for want of light but for want of will This maketh me think the scruples of many about the King are rather the brats of wilfulnesse then any thing else Yet I shall not deny but that unto some weake ones what you mention may have a face of reason to continue them as Scruples But that others whose parts and intellects are head and shouldiers above mine that such can stumble at those Strawes you must pardon me if I doe not beleeve At your entreaty I shall once more trifle away an houre to satisfy you in the things you mention and I hope you will pardon me if I be plaine and I shall rejoyce my 〈…〉 may have power to resolve any that really scruple 〈…〉 receive or give satisfaction is a beseeming imployment The Commander that doth lead your scrupling party hath a great name it is called Covenant and that name you th … argue Let it be granted that Charles Stewart was guilty and 〈◊〉 a Bill of Indictment may be read against him in Letters of blo … yet did we not in particular Covenant to preserve his Person What if he broke Covenant with us turning Tyrant when he should have ruled as King and so did deserve to dye like a Malefactor who might have lived as a Monarch What of this say you should we break Covenant with God and should we presume to put him to death as a Traytor whom we sweare to preserve as a King In answer unto this I shall offer unto your
of their Common wealth or their Kings in the times of their Kingdoms Shickard Helach Melach cap. 3 Sect. 4. a great Reader and a good Linguist telleth us Ordinario judicio Reges ob transgressionem legis petuisse convenicio ad verbera damnari Hit meaning is that it was ordinary amongst the Jewes not only to call unto the Barre but as we say to bring unto the Whipping post their King Indeed this feemed unto him a Paradox at first cap. 19. but afterwards he found it confirmed Consensutotius antiquitatis Hebrae i. e. by the consent of the whole Hebrew antiquity Halach Kelehammikd cap. 5. and upon it he doth observe also out of their writings that Kings were and might be brought to whipping As out of one of their books he doth observe That in case of multiplying of Wives Horses Gold and Silver if he did exceed in those he was to be whipped His word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Masmonid in Halach 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cor 3 and so likewise he observeth out of the Sanhedrin the same things he doth observe also concerning the High Priest that he was questioned though not by all yet by th great Synedrion And Caneus also observeth out of the Talmudicall writers that if the High Priests were refractory and contumatious refusing to approve of and to follow that which they did joyntly ageee unto he was adjudged to dye And by the way I would aske this question what exemption by vertue of any Scriptues there can be shewed that the King had from the Law more then the High Priest Josephus tells us that when Antipater had divided his Kingdom between his two Sons See Schikard de jure Regio apud Hebraos Theor 14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ioseph lib. 14. cap. 17. Hutius Iud. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In Talmud codex Sanhedrin cap 2 Sect. 2. Si Judaerum Reges a civibus puniti non sunt hoc non magnopere ad nostrum justitutū 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word Cock observes out of Entropius to signifie to command and when one of them Herod by name was observed to mannage all businesse in his own name and particularly to put one Hezekiah though a Theefe unto death which was contrary unto the Jewish law which ordained that in that case of death the King should not proceed of their own head unto death he was hereupon suspected of Tyranny and accused hereof and brought before the Councel where his insolent carriage was such as that it struck a feare into all except one Shamea who took him down for it and urged Councel to consider it least saith he if we permitting his insolency and he should be condemned by us according unto the Law observe he thought that according unto the Law they might condemn him he by the violation of righteousnesse should escape and slay us Now it is observable that this was after the Jewish affaires begun to decline and they were in a manner under the Roman power even then the Synedrian Senators durst then as Josephus confest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. according unto the Law deale with their Princes indeed there is a passage in Talmud at which I stumbled it is this the King neither judgeth nor is judged when I read this I began to scruple as concerning their practice and yet I remembred well enough what Buckanan saith that if the Kings of the Jewes were not punished by them yet that did not make much either for or against our purpose but looking into the Gemara Sanhedrin Chapter 2. that is intituled Cohen Gedol I find an explication of that passage in the Talmud And there it is said by the Rabby Joseph that that Tradition of the Kings being neither a Judge nor adjudged is understood of none but of the Kings of Izrael for saith he the Kings of the House of David did both judge and were adjudged And making there a question why it was not so amongst the Kings of Izrael he giveth this reason because of that which happened in the case of a Servant of King Janneas Now the tradition of that businesse is there recorded thus King Janneas his Servant had committed murther upon which one advertized the Elders thereof and desired that he might be questioned for it they thereupon Command the King to give up his Servant to be tryed He doth send him upon that to the Synedrian But he was Commanded to come himself to give testimony in his Servants Case hereupon he came and Simeon said unto him King Janneas stand thou up neither think thou onely that thou standest up before us but before him who made the World Vpon this the King answered I stand not up at your Command but upon the Command of your Colleges c upon which Symion looking about him and seeing them all looking upon the ground what said he unto them are you now thinking there is who will be avenged of you Perush trammischanio tl pag. 115. and immediatly they were struck unto the ground dead Whereupon saith the Gemera passed this Decree that the King was neither judged nor did judge c. Another also of the Iewish writings witnesse that that Tradition was only concerning the Kings of Israel and that the Kings of Davids house they did both judge and were judged Halach Melach cap. 9. Sect. 3. And another writing of the Jewes saith that the Kings who came of Davids loines were both judged and did judge and that it was lawfull to deale with them But the wise men did make that Tradition concerning the Samaritan Kings because their hearts were proud c. Out of this Talmudicall Tradition I observe thus much First That the Kings of Iudah for they were the Kings of the house of David were questionable and therefore they were questioned upon occasion Secondly the Kings of Israel were so too de Jure and sometimes de facto my meaning is they alwaies lawfully might though sometimes actually they were not questioned that was after the revolt of the ten Tribes when they had not only cast off the power and right of the people but also the Law and Yoake of God himself Thirdly that if the Kings of Judah actually were and the Kings of Israel rightfully ought to be brought unto Tryall then the calling of Kings to accompt and proceedings against according unto desert Js not a businesse of so new and strange a nature as sonie would make the world beleeve to be And truly till I find a Scripture forbiding it I shall not dare to sensure the questioning of Kings as sinfull for as much as sinning is the transgression of the Law and where no Law is there no transgression can be Bartolus spake no more nor indeed lesse then right reason and an impartiall judgment will suggest when he said that a King might commit treason and be a traytor and Rebell unto his Country and so be may be judged and delbroaned and otherwise
I say not laudable for the Scotchmen to try and put their Kings some of them to death and yet they Question the same in us surely we have ever thought that King Iames and his race had as little reason to be unjust in England as in Scotland And if they might Question him as they have former Kings why may not we Secondly I desire to know whether or no the Actions of the Army in keeping out sundry of the Members of the House of Commons may not be as lawfull as the Act of their Kirke in raising of an Army not only with but against their Parliament the last Summer Thirdly One Question more I would aske suppose a yeare hence a full Parliament should declare what this Parliament hath done and the high Court of Justice against the King to be law why may not this be as valide and as good as when a Parliament of theirs did declare that the putting of James the 3 to death though in a private way by private persons was right and lawfull and that Declaration of theirs made it Valid I will leave these Questions with you if you shall not be so kind as to resolve them I hope I shall not be distracted in my thoughts about them Onely let me beseech for by that deare bond in which I hope I am bound up with many of you to be wise And if in all things you may not be so clear for present in the actions of the Parliament and Army take heed how you blow up such a fire as happily may burne yourselves yet not consume us Lastly I will conclude with one word to all the people of this Land and Nation That word is this I beseech you my fellow country men lay hold on that opportunity of peace which now presenteth it self unto you sweet peace blessed peace beginneth to court you you have long longed for it it now beseecheth you to embrace it Oh that you were wise in this your day to know the things that belong unto your peaee which are doubtlesse Justice and Righteousnesse What would you have ease from Taxes settlement of our shaking security to enjoy your proprieties Why you have all these present in themselvs they seem to beseech you to accept of them Oh that God would make you wise to take hold on them you have to lonâ— befool'd your selves already by hearkening unto those that would seduce you unto tyranny take heed of giving eare unto any that speâ—â— to you of Levelling and Levellers as if there were a designe to 〈◊〉 all mens Estates levell that one should have no more then another I dare assure you that if such a generation of fools to say no wone be any where they are so inconsiderable that what they say doth but declare in them their own madnes then any thing else Or else this let me tell you there are some whom you have hearkened too much to already who if they could engage you to endeavour to suppresse this Parliament and Army they would not only Levell your Estates but take them away altogether To conclude remember it will be your safety to sit still Take you but heed of Tumults and Jnsurrections and the like and you need not fear but peace will settle it self with you Let me speak this great word which I have good ground to speak if God will make you so wise as patiently to waite a while you shall see England a happy Nation Other parts of the world looke upon you as you go on they will follow It will be a glory unto the English Nation to give an example unto all the people of the Earth to free themselves from Tyranny and Slavery I fear not to say however for our sins may permit some tumults among our selves to scourge us yet within a few years we shall injoy truth peace and prosperity which shall make us I had almost said unalterably happy I have even now done my dear friend and I confess if you blame me I will thank you for it that I have spent so much time about these things You and I I hope look after higher things then these of this nature and a greater delivery from slavery and bondage then that of the body we pant after and expect We shall be delivered from the bondage of corruption and ere long we shall be translated into the glorious liberty of the children of God The whole Creation together with us travailes in paine and groanes for this The day of Redemption is at hand erre long we shall see him who wilsettle all things Doth not the Spirit it self make Intercession for us with groans that cannot be uttered Doth not the spirit and the Bride cry come Surely ere long the Lord whom we looke for shall come In the mean time we know all things worke together for good unto them that love God even unto them who are called according unto his purpose I shall break off and close up all with this subscription that I am still Your friend and Servant N. T. Febr. the 20. 1648. FINIS March 12 1648-49 Imprimatur Theodore Jennings