Selected quad for the lemma: death_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
death_n die_v king_n put_v 4,176 5 4.9553 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A95506 The resolver continued, or Satisfaction to some scruples about putting 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. N. T. 1649 (1649) Wing T39; Thomason E546_17; ESTC R206112 19,538 24

There are 3 snippets containing the selected quad. | View lemmatised text

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 ra●…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
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
Ecclesiaticall and Politicall and this to be endeavoured after by all joyntly and severally in so vigorous and resolved a manner as that whatsoever formes or persons in the one or other should be found prejudiciall thereunto or inconsistent herewith should be laid aside And also that all such as were or should appeare to be enemies unto this should be brought unto condigne punishment This I say I am perswaded was the end of the Covenant And while this is pursued the Covenant liveth It is true indeed the preservation of the King when the Covenant was made did seem to conduce in part unto this great end But since it appeareth altogether inconsistent therewith The Justice executed upon him in my eye is no more a breach of Covenant then the throwing of a Logge out of the way is a deviation from that Journey the Arrivall unto the end of which the logge did hinder Thus may the Captaine of the Scruplous party be taken and conquered And now incold thoughts tell me hath this Captain any more then the bare Covenant Is not the scruple built upon it as the House upon the sands or is it any better then a specious Sophisme that as an Argument hath only a name that it lives but is dead Doth not the Covenant in the full spirit and vigour of it live though the King be dead But I forbear as remembring that the scruple taken from the Covenant is not so much your own as others therefore I proceed The next Pile of Sand upon which a scruple is built is this what power say you had that high Court of Justice to try the King Let it be supposed the King was a Criminall Offender guilty of death And let it be supposed say you the Covenant had not a binding power upon us to hinder proceedings against him yet Quo Jurê Qua Potestaté did that Court so adjudge him to put a Malefactor to death without Law is as well unjust as to punish an Innocent person under pretence of Law As unto this you know my Profession is not Law therefore as unto that querck I shall be but briefe referring you unto the Speeches both of the President and the Solicitor of that Court for ampler satisfaction therefore onely thus First If Charles Stuart held his Crown by Conquest of Armes as by his Plea of succession from the Conqueror he did pretend and as some of his friends though the peoples foes have urged Then without doubt by the same Right in which upon this plea he urged he ruled by the same he suffered Himself was conquered and a Prisoner of Warre It s true that he surrendred himself a faire way of giving up unto mercy when he could hold out no longer and that unto the Scots Army but under English pay and so a Prisoner unto Englands Sword An Army of Switzers serving the King of France for his money may as well pretend that such Prisoners or Towns as they take are properly their own as the Scots under English pay may pretend that the King was theirs So that still I say he was a Prisoner unto Englands State and the case is no whit altered but the same Therefore if he held by Conquest then as he held so he was or might be tryed But Secondly It was and is the power of a Parliament to erect such a Court as in this case they did A lawfull Court by a lawfull power authorized and by law proceeding may try any Prince in the world Therefore the power by which and the way in which the King was tryed being so just why should any presume to question it Object Objection But say you how could that House be called a Parliament when the Lords joyned not with the Commons and when most of the Commons were kept out Answ I Answer I thank Mr. Prione for that light which in particular I have gaired from his Soveraign power of Parliaments whereby I understand well enough that the Commons may act without the Lords also that the House of Commons though under fifty may act without the rest supposing them to be absent Obiect And whereas you me pleased to say they were under restraint and kept out who otherwise would have been in Answer To that I reply onely as in my last that that restraint was lawfull The late Parliament in Scotland who gave Authority to Hambleton to invade England was not in part but in whole forc'd from Edenburgh and the present Parliament that now sitteth there sitteth by the power of the Sword And yet I am confident you are so good a friend to the Scotchman as that you will not think the driving away of the former or the setling of this Parliament there to be unlawfull I told you and I still tell you necessity is the Law Royall It dispenceth with all Lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Rabb●●s have a saying the mercifull God doth not hold the necesstated guilty there was a necessity for what the Army did as to the taking out of those rotten Members and that necessity was their Law Obiect Obiection But they which sit are not free Answ Answer Why should any presume to say so when they do not they are of yeres sufficient as Christ said in another case Let them speak for themselves Nay they have and they do speak once and again they are free Did they not before and doe they not now sit free And unto this day since more are come in Doe they either disclaim the Authority of the High Court of Justice or so much as hint that they were under a force Altum Silentium here is not a word of this and therefore I passe from it let this suffice to satisfie that peece of the scruple that questioneth the power whereby that honourable peece of Justice was acted As to the next of President it is so poore a scruple that a Puffe bloweth it away Presidents are good inc●…rragements but bad Rules It is lawfull to act in businesses of this nature as in others without a President We have been beholding to former Ages for Presidents in so … things neither have they left us without foot steps in this And why may it not be our glory to give a brighter and clearer President unto future Ages in this as it hath been theirs to give us in others But First of all though Presidents are not recorded shall we therefore conclude the thing was not many things have been which we know not off A non dici ad non esse is a kind of Argument husht at by boyes It is too weake in any thing to say such a thing was not spoken therefore it was acted Secondly Histories both of Forraigne and of our own Nation abound much with Presidents of this nature The Jewes who had at first the best Common wealth and afterwards the best Kingdome that ever was are presidentall unto us in this businesse in trying those who either were Superiours as the Judges in the time