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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A60479 Salmasius his buckler, or, A royal apology for King Charles the martyr dedicated to Charles the Second, King of Great Brittain. Bonde, Cimelgus. 1662 (1662) Wing S411; ESTC R40633 209,944 452

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lesson he can learn by which he will see the error of the times and what changes the wicked have wrought amongst us Therefore since several Parliaments have made Statutes That the King can commit no Treason nor no Treason be committed but against the King Ex ore tuo te Judicabo we may conclude from their own mouths that by no Law but against all Laws they murthered their King the meekest and justest of all men For whosoever committeth sin transgresseth also the Law for sin is the trangression of the Law 1 John 3.4 Then how could the King sin when there was no Law for him to transgress By the common Law as I have already shewed he could not be an offender neither could he by any Statutes For at that very time when the Parliament the peoples representatives charged the King with Treason they had made many Statutes That those things which they themselves acted against the King should be high Treason against the King But they had made no Law whereby the King might become a Traytor against them Therefore the King could not offend against that Law which was not Adam had not sinned in eating the forhidden fruit had he not been first forbidden Neither had St. Paul known lust except the Law had said Thou shalt not sin Rom. 7.7 And for the King to commit Treason when there is no Law which maketh any offence in the King whatsoever Treason but all laws both Common and Statute both Divine and Humane resolve the contrary is such a Chimaera which passeth the understanding of every reasonable creature But forsooth our new upstart pragmatical Lawyers as they call them such as Cook was witness his King Charls his case fol. 22. A Cook but rather a Scullion I am sure of no affinity in judgement nor comparable in learning with our great Master and Oracle of the law Sir Edward Cook do say and profess that they have a Law written in their hearts whereby they are enabled and authorized to kill the King if he offend But I wonder holy David had not this Law written in his heart to kill wicked King Saul when it lay in his power so to do The question is easily answered for God said that David was a man after Gods own heart and therefore could not do so great a villany But I am sure if the Scripture be true Neither God nor man will say that these men are men either after Gods heart or any honest mans heart And divide the Kingdom and you will finde a thousand for one in whose hearts this law was never written Therefore if it be written in some few mens hearts yet since it is not written in the hearts of the Major part according to their own tenets that law is not binding You may read in 1 Sam. 24.6 and cap. 26.11 That it was in Davids power and he was admonished to kill his enemy wicked King Saul once in the Cave where he cut off the Kings skirt indeed but his heart smote him as if he had committed Crimen laesae Majestatis high Treason against the King And then in the Trench where Saul lay sleeping 1 Sam. 26.7 So David and Abishai came to the people by night and behold Saul lay sleeping within the Trench and his Spear stook in the ground at his Bolster But Abner and the people lay round about him Then said Abishai to David God hath delivered thine Enemy into thine hand this day Now therefore let me smite him I pray thee with the Spear even to the earth at once and I will not smite him the second time And David said to Abishai Destroy him not For who can stretch forth his hand against the Lords anointed and be guiltless David said furthermore As the Lord liveth the Lord shall smite him or his day shall come to dye or he shall descend into battel and perish The Lord forbid that I should stretch forth mine hand against the Lords anointed but I pray thee take thou now the Spear that is at his bolster and the Cruse of Water and let us go Here you may see how greivous a thing it is to lay hands upon the King though he be wicked and persecute you For by holy Davids own confession no man can do it without committing an high and wofull offence Therefore better it is for all men with King David to commit the punishment of their King to God who most assuredly will punish the King aswell as the Beggar for his offences and not violently oppose or stretch forth their hands against him for none can do that and be guiltless It is true the law of England in many particulars is lex non scripta and when our law books are silent we must repair to the law of Nature and Reason But when a law is established by the law of God declared by many Statutes and reported by multitudes of reverend Judges in their Reports as it is that the King can commit no offence so great as to be punished by the people Then sit liber Judex We must Judge according to the written Law though it do not agree with our own private reason If the King before the descent of the Crown be attainted of Treason felony or any other offence yet by the descent of the Crown The Attainder eo instante is void as it fell out in the case of Henry the seventh 1 H. 7.4 Jnst 1.16 Then if the Coronation of the King prohibiteth the punishment of those offences which he committed before he was King only because he is King and so not punishable by any earthly power how can he commit any offence after his Coronation for which the people may call him in question It being a Maxim in Law That the King can do no wrong that is no wrong for which the people may punish him And to say that the King is an Officer of trust placed by the people is a meer foppery and against the express letter of a principle in Law viz. That the King is not capable of an office to use but to grant Co. Jnst 1.3 But why should I speak of Law to those who God and all the World knows Act all things against law For is there any Law which maketh it high Treason in the King if he commit such or such an offence or is there any law to enable the people to call their King to an account I appeal to the whole World and even to the Consciences of our wicked Folarchical upstarts Whether they ever read any such Law in the old or new Testament in the Statutes or Reports of the laws of our Realm or whether they ever heard of any such law in any Kingdom or Nation under the Sun No they did not The Devil brought it if any there be out of the infernal pit whither it will bring them all unless God most high prevent not can a posteriour Law make that an offence which was lawful at the Commitment without doubt it cannot
enemies caused four Kings taken prisoners to draw his triumphal Chariot wherein one of them looked back with smiles to the wheel of the Chariot and being demanded his reason for it answered That he smiled to see the spoak of the wheel now at the top to be presently at the bottome and again that which is now at the bottome to be by and by at the top Which when the King heard considering the mutability of all earthly things his haughty spirit was not a little mollfiied These relations I thought good here to insert that the mighty and dreadful men of the world who have got the power of the Sword into their own hands taking Cyrus for their example whose example will be no disgrace for them to follow though he was a King for he was likewise a valiant Souldier might not exercise Tyranny over their vanquished enemies especially over their own fellow subjects Cain purchased little honour by the murder of his brother Abel Though the Heathens appeared as glorious as the Sun at their triumphs after the conquest of a forraign enemy yet mourning was their habit instead of triumph after a victory obtained in a civil war when two Noble men were convicted for affecting and aspiring to the Empire of Titus Vespasianus he proceeded no farther against them than to admonish them to desist and give over saying that Soveraign Power was the gift of Destiny and Divine Providence If they were Petitioners for any thing else he promised to give it unto them For Melius est servare unum quam occidere mille It is better to save one then to kill a thousand is a saying worthy to be written in letters of gold but more worthy to be put in practise O blessed Conqueror that is thus qualifyed O blessed prisoner that hath such a victor Having pruned the fortunate let us now stoop to the miserable whom fortune hath cast to the lowest stair of affliction Nemo desperet meliora lapsus prohibet Clotho stare fortunam vicissitude o● Fortune is sufficient argument to keep the unfortunate from despair for though the highest spoak of the wheel be turned lowest yet it doth not tarry there but presently returneth to its former heighth Non semper imbres nubibus hispidos manant in agros Though it rain one day the Sun may shine again the next No storm without a calm nor no Winter without a Summer Post tempestatem tranquillitas The North-wind which bloweth cold may quickly turn into a warmer corner Weeping may indure for a night but joy cometh in the morning Psalm 30. vers 5. But if the brevity of time will not give ease unto thy malady declare thy grief a disease well known is half cured What art thou robbed of all that thou hast Consider what thou broughtest into the World and thou hast lost nothing this thou hast got the means to wean thee from things below and if thou wilt to set thy mind on things above Art opprest with sickness The sickness of thy body may prove the welfare of thy soul Thou learnest to pitty others and knowest that thy earthly cottage is not invincible Doth poverty knock at thy door Let her in shee will teach thee to be humble keep thee from envy and lock thee up secure It is better meekly to entertain her then proudly to oppose her Art born a bondman There is no bondage like that to sin cast of that and thou art free it is better to be born a bondman and dye free from sin than to be born a freeman and dye a bondslave to Satan Is thy fare thine Thou hast avoided two sins gluttony incontinency Thou hast wydened the way to virtue Though streightened the passage to thy belly Hunger nourisheth arts and a full belly is the ensign of an empty head Bonae mētis soror est paupertas Art thou poor and over-burdened with children Children are riches then how canst thou be poor amongst so many jewels acknowledge thy blessing and give thanks and He that feedeth the fishes of the Sea the fouls of the Air and apparelleth the flowers of the Field will both feed and cloath thy children It was harder to raise them to thee than to provide food for them Art thou rich and childness He that created thee can create thee children Sarah had a Son in her old age In the mean time make thy self the child of God and thou art better than if thou hadst many children Hast thou lost thy mony Thou hast exchanged fears and cares for quietness and carelesness liberty is better then golden chains Thou hast but paid fortune that which she lent thee For omnia tua tecum portas Thou canst not truly be called Master of that whereof fortune is mistress Art thou become a surety Thou art near a shrewd turn henceforth give away all that thou hast rather than thy liberty In the mean time let thy hand discharge that which thy mouth hath set on thy score It is no charity to pluck a thorn out of another mans foot to put it in thine own Hath nature made thee deformed Let the deformity of thy body put thee in minde of the deformity of thy soul Depart from sin and adorn thy soul with virtues as for thy body it is the work of Gods hands Beauty is at best but a fadeing vanity profitable to none hurtful to many and perhaps might have been thy destruction Pulchrius est pulchrum fieri quam nasci Si mihi difficilis formam natura negavit Jugenio formae damna rependo mea Hast thou lost thy time Thou hast lost an invaluable pearl which cannot be re-called nor superseded by riches or honor But it is never too late to repent lose time no more and thou hast made amends Hast thou lost thy betrothed mistress He that loseth his wife is delivered of many cares but he that loseth his spouse is preserved both of these are good but the last is the best Therefore grieve not too much lest thou lose thy self Hast thou buried thy wife Thou hast buried her on earth who first buried thee in the grave of sin in Paradise couldest thou be rid of sin as thou art rid of her Thou hadst cause to rejoyce and had shee not brought thee a Saviour thou hadst had cause to repent that ever thou sawest her Hath Infamy blasted thy name If it be deserved lament not the Infamy but the cause of the Infamy But if it be undeserved contemn the errours of men with a valiant courage and comfort thy self with the testimony of a good conscience It is better to be innocent and slandered than nocent and applauded Hast thou many enemies If they profess it openly thou art armed if they keep it secretly thou liest open to danger be thou a friend to justice and God will be so much a friend to thee as to deliver thee publickly from thy private enemy none are so pernitious enemies as flattering friends Hast thou lost an occasion to revenge