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A91444 The Parliament justified in their late proceedings against Charls Stuart, or a brief discourse concerning the nature and rise of government, together with the abuse of it in tyranny, and the peoples reserve. As also an answer to a certain paper, entituled, The humble advice of the lecturers of Banbury in the county of Oxon, and Brackley in the county of Northampton. / By J: Fidoe, T: Jeanes, W: Shaw, students in Trinity-Colledge in Cambridge. Fidoe, John, b. 1625 or 6.; Jeanes, Thomas, d. 1668.; Shaw, William, student in Trinity College, Cambridge. 1649 (1649) Wing P502; Thomason E545_14; ESTC R203138 12,113 21

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by proposing his will and fancy to them for a Law or when he entrenches upon Natural or Civil Right then he loseth the notion of a Magistrate because he goes contrary to the end of the Government of that Fundamental Law which is Salus Populi But suppose our Forefathers had given away to any one man without a remedy or appeal that power originally in them by way of dispensation it will not follow seeing nature makes us free and this freedom never given away by us we should be bound to embrace any slavery our Forefathers should seemingly cast us in they could only engage for themselvs they had nothing to do with their Posterity as to take from us what Nature gives Now that Charls Stuart broke this Trust which we have shewed he must necessarily be intrusted with we shall not need to spend time in the probation of it being abundantly proved by many learned Pens we shall proceed to shew the lawfulness for Free-born men in a State according to that Fundamental Law of Reason to execute Justice upon a man degenerated into Tyranny In doing this we shall not spend time to Treat of the several names and kindes of Government we having spoken somewhat of them before yet this we would put you in minde of That Theocracy was onely of Divine institution and that this was onely proper to the Jews As for the rest they are of humane institution and are derived from the People and the people have power to put down or to alter these or any of these as they finde occasion seeing it is confessed by all that Salus Populi est Suprema Lex All Governors are but Trustees unto the People And therefore when the people finde them acting contrary to the Trust reposed in them they may justly take it from them and commit to others or in case they cannot finde others that they can entrust or in case they finde that Government inconvenient for the State they may alter it and keep the Trust in their own hands But we know that there are many who deny the Supreme Power to be in the people and those men make it Haereditary to Kings and their Successors and that by vertue of the Laws of this Nation But concerning the first we would have them see from whence this Succession did proceed There could not be a Succession before there was an Election and if so then either the first King must have this power in himself or receive it from the people Now we suppose that no men are so absurd as to affirm it was in the first King before he received the Crown and Power from the people and if so then the prime and chief Power must necessarily be in the People If Kings obtain Crowns and Kingdoms any other way it must be by Conquest and if that be a sufficient Title then if the great Turk should invade our Kingdom we must necessarily own him as our lawful Soveraign and if any private man by force can beat another out of his possession he may lawfully enjoy it and he to whom it did of right belong must acquiesce and not seek to regain it But there are some that say it is not our case for we have had a Succession of kings according to the Laws of this Nation for divers Generations But we desire to know of them by whom those Laws were Enacted as also who the first king was from whence this Succession did proceed And as for this first king which was the main Basis or stock from whence this Succession took its rise It was William sirnamed Bastard Duke of Normandy who invaded this Land and destroyed many of the Free-born English We shall not spend time to dispute what Title he pretended he had to the Crown But this onely we shall say If he had any Interest it could be but a weak one seeing he was an illegitimate We shall rather speak of the Arbitrary and Tyrannical Government he exercised on the Free-born English as soon as he had invaded this Nation and obtained the Crown How he subverted their Laws and by force Enacted and put in Execution such as were most suitable to his own Tyrannical Spirit to the great dislike and male-content of the people Though they were constrained to submit unto them as appears by the several insurrections of the English both of the Nobility and Commonalty who several times endeavored to throw his servile yoke off their shoulders Amongst whom Edgar Ethling was chief leader who also is reported to have had the greatest interest in the Crown with whom joyned Edwin and Morcar who were brethren of the Queen We shall not stand to tell you of the multitudes slain in divers places nor of his unjust acting in particulars Though History makes it plainly appear That in a Bloody and Barbarous maner he dismembred many put out the eyes of some and slow many hundreds which were at his mercy Onely this we will say of him in general He came in a Conquerer and lived a Tyrant but it was not our intent to have spoken any thing concerning him onely this we thought good briefly to discover the stock from whence this Regal Succession did spring We shall not speak any thing of the Tyranny of his Successors nor how far they walked in his wicked steps but shall pass all over in silence until the unhappy Reign of Charls Stuart who came unto the Crown after the death of king James his Father his Brother Henry being before poysoned We shall not here stand to reckon up the Capital crimes which were committed by him in the beginning and middle of his Raign neither shall we undertake to determine how far he countenanced the Spanish Faction neither shall we intermeddle with the transactions of Ree Rochel c. But we shall rather descend to the last seven years of his Raign and here we could declare sufficiently the horrid impieties and bloody slaughters committed by him But seeing the illegality of his proceedings is sufficiently proved and so fully made manifest to all the world we shall not spend time to dispute of it seeing all men unless wilfully blinde may read it ●n bloody Characters but we shall rather speak something concerning the justness of the Parliaments proceedings against him It being apparent he degenerated from a king unto a Tyrant it was not unjust for them to Act against him as a Tyrant now all rational men acknowledge it a just act to execute a Tyrant But the difference amongst them is By whom he should be executed Whether by a Native or Stranger or for any man without Judgement or else whether it must be done by some Court of Judicature and to this last most men agree We read of Nero Maximinus how they were both executed by the power and command of the Roman Senate And likewise divers of the kings of Denmark for Tyranny have been Banished Imprisoned and Executed so odious is Tyranny to all men that the very