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A91283 A soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. Wherein divers serious considerations tending to this purpose are propounded both to the King and subjects, the Parliaments and Sir Iohn Hothams proceedings at Hull and in the militia justified, Sr Iohn Hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his Majestie to rayse an army, or a most unnaturall civill warre in his kingdome. With a most serious exhortation both to the King and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration. Prynne, William, 1600-1669. 1642 (1642) Wing P4086A; Thomason E239_6; ESTC R19412 26,708 37

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may justly protect and defend themselves even as Souldiers Children Wives Servants may by the equity of all Laws lawfully by open force defend themselves against the bloody assaults and violence of their Generalls Parents Husbands Masters who seeke to take away their lives though in all lawfull things they ought to be subject and obedient to them If a King should causelesly run at a subject with a naked sword to kill him the subject may lawfully put by his thrust and defend his life which a King ha●h no power to take away * but upon just grounds after a legall triall and that in a legall not an extraordinary way Much more then may the whole Parliament and Kingdome withstand a Kings open causelesse hostility against them to preserve themselves and the Kingdome from destruction This is evident even by divine Authority as namely by the example of David who though a subject n tooke up Armes and raysed an Army to defend himselfe against King Saul his Soveraign who causelesly made Warre against him and sought his life and though he still avoyded Saul and twice refused to hurt or murther his Person when he was in his power because he was Gods anointed Yet no doubt had Saul assaulted him with his Armie he would have defended himselfe against him in Battel Nay this is manifest in an Higher Degree by that most Observable Passage in the 1 of Samuel 14. 39. to 46. Where when King Saul had made a Rash vow that whosoever had tasted any thing that day contrary to his command whiles he pursued the Philistines he should dye the death though it were Jonathan his Sonne who procured that Victory and the Lot fell upon Jonathan who did but tast a little Honey on the top of his Rod who said and lo I must dye for this Saul answered God do so and more also for thou shalt surely dye Jonathan the people thereupon said to Saul notwithstanding he were their King and had made two such solemne Oaths shall Jonathan die who hath wrought this great deliverance in Israell God forbid as the Lord liveth that shall not one haire of his head fal to the ground for he hath wrought with God this day so the people rescued Ionathan that he died not Here the people not only justly defend but rescue Jonathan being an Innocent from death not onlie contrarie to the resolution but vowes and Oaths of their owne King to put him to death and so doubtlesse they would have defended themselves by force in the like case There is a notable place to this purpose in the 1 of Kings 12 13. to 25. 2 Chron. 11. 1. to 5. Where when the ten Tribes through Rehoboams following of the rash Counsell of the young men revolted and rebelled against him being their lawfull King and made Ieroboam King over them Rehoboam as soon as he fled from them and came to Ierusalem assembled all the Tribe of Iudah and the House of Benjamin an hundred and fourscore thousand men which were Warriers to fight against the House of Israel who rebelled and revolted to bring the Kingdome againe to Rehoboam the Sonne of Solomon But the word of God came to Shemajah the man of God saying speake unto Rehoboam the King of Iudah and unto all the house of Judah and Benjamin and to the remnant of the people saying Thus saith the Lord You shall not go up to fight against your Brethren the Children of Israel though Rebells returne every man to his house for this thing is from me They hearkned therefore to the word of the Lord and returned to depart according to the word of the Lord from going against Ieroboam and their Brethren Here God himselfe prohibits both King and people to raise a Civill-warre against their Brethren though Rebells and Revol●ers in the highest degree and they both lay downe Armes hereupon for the present And when Rehoboam and Abijah his sonne afterwards made warre upon them they did lawfully resist and oppose them 1 Kings 14. 30. c. 15 6. 2 Chron 12 15. and chap. 13. throughout So the men on Tirzah being beseiged by King Omri to take Zimri lawfully defended themselves for a time 1 Kings 16 17 18. and thus did those of Bethmaachan against Ioab 1 Sam. 20 14. to 23. To passe from Scripture presidents Infinite are the examples in histories of subjects who by the very dictate law of natur wch instructeth every creature to defend it selfe against unjust violence defended themselves in all ages against the assaults oppressions and groundlesse Warres of their unnaturall Princes But the many late examples of this kinde of the Protestants in France Germany and Bohemia who have by open force defended their persons estates Religion against those Popish Kings and Governours who have causelesly levyed Warre against them which act of theirs all Protestants affirme to be lawfull both by the lawes of nature God and man and our owne domesticke examples of the long continued Barons Warres both in King Iohns o King Henry the thirds Edward the seconds and Richard the seconds Reignes who took up Armes against these Princes for the just defence preservation and establishment of the Laws and Liberties of the Kingdome which these Princes contended to subvert even in times of Popery which act of theirs by the Prelates Clergy and people of those times and by all succeeding Ages since was and hath been resolved not onely lawfull but p honest just and honourable and worthy eternal Encomiums by meanes whereof our Kingdome hath quietly enjoyed those Lawes and Liberties which they contended for ever since which otherwise had been long agone utterly lost and the Kingdome with them will aboundantly suffice to cleare and ratifie this conclusion beyond all contradiction or excep●ion of any malignant Spirits Fifthly that it is lawfull and necessary for the Parliament for the preservation of the Kingdomes peace and safety its necessary defence and the better prevention of Civill-warres to settle the Militia and secure the Magazines of the Realme by such meanes as may most effectually advance and accomplish this great much opposed worke since His Majestie hath refused to passe a Bill to accomplish it Neither is this way of setling the Militia a Novelty but the most ancient practice and custome of this Kingdome for it appeares by King * Edwards Lawes that in his and former ages the Lievtenants and supream Commanders of the Mlitia in every County were elected per commune Concilium pro communi v●ilitate regni per provincias et patrias vniversas et per singulas Comitatus in ●leno Fulkemots by the Common-counsell for the common utility of the Realm through every Province Countrey and County in a full Falkmoth or County Court by the Freeholders of the County And if the Freeholders in ancient times did thus in every County elect their Lievtenants and Captaines of their Militia to Train and Order them yea and the high Sheriffs too who had the
their peoples safety as in truth they ought to be they durst not then leavy warre against them much lesse excite them to shed one anothers bloud If these divine precepts and examples bee not sufficient to cleare this shining truth I shall adde some humane authorities to ratifie it and that both of Pagans and Christians To begin with Pagans Resolutions it was a worthy saying of f Pelopidas when going forth to Battle his wife wished him to save himselfe others quoth he are to looke to this but a Prince and Emperour ought to take care how he may save his Subjects g a good Prince writes Q● Curtius esteemes the safety of his subjects more deare unto him then his owne life It is an excellent Observation of h Seneca that though all other Bees have stings which they leave in the wound yet the King among the bees hath no sting at all for nature would not have him to be cruell nor revengefull to his cost and therefore hath taken away his sting and left his anger unarmed This should be a great example to mighty Kings let them be not ashamed to learne manners from small creatures seeing the minds of men ought to be more moderate by how much the more vehemently it may do harme Security is to be gained by mutuall security c. Kings have one impregnable fortification the love of their subjects which they shall then be sure of when they deeme the Common-wealth not to be theirs but they to be the Common-wealths And he concludes thus i There is no Ornament more worthy and more becomming a Princes Highnesse then that Crown ob c●ves servatos for preserving and saving his subjects Not hostile Armes taken from the conquered not the Chariots of the Barbarians died with blood not the spoiels gained in warre Many more instances of this nature I pretermit for brevity to passe from Pagans to Christians k Constantine the great was wont to say that an Emperour ought to spare no not his owne members for the preservation of the peoples tranquility Pope Elutherius in his l Epistle to our King Lucius the first Christian King about the yeare of our Lord 169. writes thus to him The Nations and people of the Kingdome of Britaine are yours which being divided you ought to congregate and reduce into one to concord and peace and to faith and the law of Christ and to the holy Church to cherish protect maintain governe and defend them from injurious and malicious persons and enemies A King is named from governing not from a Kingdome Thou shalt be a King whilest thou rulest well which unlesse thou shalt do the name of a King shall not remaine in thee and thou shalt loose the name of a King which God forbid Finally to close up this Proposition the Kings of England and so the Emperours with most other Christian Princes doth take this solemn oath and make this serious Protestation to their subjects at the Coronation m I will keepe peace and godly agreement intirely according to my power both to God the holy Church the Clergy and the People By which oath they are obliged under pain of highest perjury to preserve the generall peace of the Kingdome and people to avoid all civill Warres unlesse in case of their subjects open Rebellion not any otherwise to be suppressed but by a warre against them and not to arme one subject to assault or destroy another Neither is this a late devised oath in Henry the fourth his time but King Henry the first King Stephen Richard the first King John and Henry the third as Mathew Paris records in their lives tooke the same oath at their Coronations and promised faithfully to fullfill it and all our other Kings since have done the like From this first Proposition thus aboundantly ratified these conclusions necessarily ensue First that his Majestie cannot without great sin and willfull perjury rayse a Civill Warre against the Parliament and Kingdome and excite his loving subjects who have lived in peace for so many yeares and are all of one Nation one Religion one flesh and blood without any just cause most unnaturally to destroy and murther one another and so to ruine their owne native Countrey and undoe themselves and their Posterity Secondly that no faithfull subjects ought to foment or promote such an unreasonable unnaturall Civill Warre or give any assistance to it in the least degree upon any considerations whatsoever but to the uttermost of his power by his prayers and all other lawfull meanes to prevent oppose and withstand it for the preservation both of the King Kingdome Parliament their own Liberties Inheritances Lives Persons Families E●tates and Religion and to unite all their Forces to ●●●inguish the ●●●ames of civill dissentions already kindled among us Thirdly that those malignant spirits who counsell and instigate his Majestie to a Civill-warre against his Parliament and people are most unnaturall Vipers and Traytours to their Coun●rey desperate Rebells against God and most execrable wicked persons and so God himselfe hath proclaimed them to all the world Isa. 59. 5. to 10. They hatch Cokatrice egges and weave the Spiders Webb he that eateth of their egges dyeth and that which is crushed breaketh out into a Viper their workes are workes of iniquity and the Act of violence is in their hands their feet run to evill and they hast to shed Innocent blood their thoughts are thoughts of iniquity wasting and destruction is in their paths the way of peace they know not there is no judgment in their goings they have made them crooked paths whosoever goeth therein shall not know peace And Rom. 3. 13. to 19. Their throat is an open Sepulere with their tongues they have used deceit the poyson of Aspes is under their lips their mouth is full of cursing and bitternesse their feet are swift to shed blood destruction and misery are in their wayes and the ●ay of peace they have not known there is no feare of God before their eyes O miserable unhappy Princes who are advised seduced by such pernicious Counsellors O rash i considerate wretched people who are besotted by them so farre as to take up Armes against their native Countrey to b●come their own their Brethrens the Parliaments and Kingdomes Executioners and thereby most * detestable Traytours as all such who take up Armes against the Parliament are adjudged to be in the Parliament of 11. R. 2. the record whereof was published in print by Order of both Houses May 27. 1642. to which I shall referre you Fourthly that if the King against his Oath and Office will without just cause make warre upon his Parliament and Kingdome they may lawfully take up Armes for the preservation of the Kingdomes peace and their owne just defence for when the King who should protect them will against the trust and duty of his Royall Dignity set himselfe to destroy them they having no other protection