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A95803 Novemb. 18. 1642. The unlimited prerogative of kings subverted. Or a short treatise grounded upon scripture and reason, to prove that kings ought as well as others to bee accountable for their actions. By a well wisher to the church of God, his King and countrey. And dedicated to all such as love the truth. Well wisher to the Church of God, his King and countrey. 1642 (1642) Wing U84; Thomason E127_32; ESTC R16462 22,383 17

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that Saul would come down to Keilah God answers him that he would Therupon the second time he asks him Whether the men of Keilah would deliver him and his men into the hand of Saul or no God answers him that he would deliver him up By this last it doth clearly appeare that if so be the Keilites would have bin true to David and have stood to him he would have maintained the Town against Saul and have defended himselfe in it otherwise why should David aske God the second time Whether the men of Keilah would deliver him up and his men into the hands of Saul or no he might have gone his way when that he heard Saul would come down without asking any more questions unlesse we will say that the second question which David propounded to aske of God was frivolous and vaine and so consequently the answer that God gave it which I suppose there are none will be so bold as to affirme This was the very case of Sir Iohn Hotham in Hull who for this very action His Majestie was pleased to Proclaime him Traytor Then againe it may be further said of David if he had not had a purpose to have resisted Saul in case of exigency and extremity what did he with 600. men about him he might have fled from Saul when he was coming towards him without such a train and guard of men attending him and so have saved himselfe without them Nay he might in all probability have escaped his hands better for had he not had so many with him he might have kept himselfe the more close and secret so that he could not have bin so easily discovered And besides this we read 1 Chron. 12.22 that There came to David to help him before Sauls death an hoast like the hoast of God and what was all this preparation and assistance for nothing One more example I will bring out of the Scriptures and that is of King Vzziah 2 Chron. 26 16. who incroached upon the Office of the Priests and would take upon him to offer Incense in the Temple of the Lord contrary to the expresse commandement of God whereupon it is said in the 17. verse that Azariah the Priest went in after him and with him fourescore Priests of the Lord that were valiant men and they withstood Vzziah the King and said unto him it pertaineth not to thee Vzziah to burn Incense unto the Lord but to the Priests the sons of Aaron that are consecrated to burn incense goe out of the Sanctuary for thou hast trespassed neither shall it be for thine honour from the Lord God Then Vzziah was wroth and had a Censour in his hand to burn Incense and while he was wroth with the Priests the Leprosie even rose upon his forehead before the Priests in the house of the Lord besides the Incense altar Then Azariah the chief Priest and all the Priests looking upon him and beholding that he was leprous in his forehead thrust him out from thence If this be not resistance I know not what is Besides all this the more to stoppe the mouthes of such ill affected persons in our times that will take upon them to make much more of Kings then ever God made or did intend there are examples even in the Primitive times among the Christians who have resisted their Kings in their sinfull and unlawfull actions As to instance in Lycinius the Emperour who had granted to the Christians to injoy their Religion yet afterwards turning persecutor they sent for Constantine the great to assist them against him and overthrew him And againe being persecuted by the King of Persia the Christians sent for Theodosius the Emperour to help them against him And I doubt not but if the Ecclesiasticall Histories of those times were searched there might more examples of this nature be found out But besides all this we have seen and known the like in our own times as lately in the Scots whom the King himselfe that now is acquitted when he came to a right understanding So the Protestants in France England all Queen Elizabeths dayes did help them In our dayes again in King Charles his own reigne we sent over a great Force in shew at least to help Rochel against the King of France So in High Iermanie the Princes there maintain their right against Charles the 5 and were helped by France and England In the Neather-Lands it is evident from the beginning Now shall we take upon us to condemn all these Churches for so doing Then for the second which is the principall point here in dispute Whether Kings in case they doe Tyrannize over their People Oppresse Spoile and Destroy their Subjects and doe other such like wicked and unnaturall actions may have Censure and Punishment inflicted upon them according to the nature of their severall Offences They say where is there any example or expresse command in Scripture for this Answ It is true there are no examples or Commands in Scripture for this particular case or at least not as I know of yet that matters not so long as we have a rule to walk by and Commands in generall that reach to all particulars And for this the like may very well be said as may for Parents murthering of their Children there is no direct Law set down either divine or humane for the punishment of such the thing is so detestable and contrary to very nature that it may be conceived that there would be none such found but if there be there are generall Laws in force for their censure and punishment as in case of Murther and by how much the nearer the relation is the greater being the bond and tye for procuring the peace and welfare of such and such parties so much the greater is the offence and so much the more liable are they to punishment So I say though there are no particular Laws set down for the correcting and punishing of such Kings and Princes as doe Oppresse Spoil and Destroy their People yet so much is included in those generall Laws both of God and Man and so much the more liable are they to Censure and punishment by how much they are Ordained to be greater instruments of the good and well being of their People then others are For this is the very nature and being of a King He is such a one as cares and provides for the Common vealth takes pleasure in the commodity and profit of His Subjects and in all his doings hath respect to the prosperity of those over whom He ruleth Now what those generall Laws are it is well known As for example This God hath said He that sheds mans blood by man shall his blood be shed Gen 9 6. And He that blasphemes the Name of the Lord shall surely be put to death Levit. 24 16. And again If thy brother the son of thy mother or thy son or thy daughter or the wife of thy bosome or thy friend which is as thine
at your leasure The ensuing Story doth manifestly prove it beginning at the 12. verse c. so againe Iudges 4. the whole Chapter is a Story to this purpose This is cleare also in the example of Gideon who delivered Israel from the hand of the Midianites the Story is in the 6. and 7. Chap. of Iudges It is cleare also by the example of Ieptha who delivered Israel from the hand of the Ammonites Iudges the 19. and 11. Chapters So much in briefe may be said concerning absolute Conquest And now I hope they will take heed how they say we were absolutely conquered Then for the other and that is Conditionall Conquest So say they we were Conquered and it is not denyed That is to say when William the Conquerour invaded the Land we were content to submit our selves unto him for the prevention of blood shed and destruction that otherwise might have ensued to serve him as our Liege Lord and Soveraigne so that he would promise to govern us according to these and these Laws and Customes to which covenant hee consented as all the Kings of England have done since And so we are become not his slaves to be destroyed at his pleasure but his Subjects having sworne him and his Successours Allegiance upon these conditions If this be so then here we plainely see we are not bound to submit to the Kings will and pleasure in all his commands but onely so farre forth as hee commands according to his Laws which is the condition upon which we sweare him Allegiance and become his Subjects Therefore if the conditions of the Covenant be broke and instead of governing his people by his Lawes he rules them as hee list according to his will and pleasure is it not manifest that the King doth absolve his Subjects from their Allegiance nor are they any longer legally bound to obey him For this every one knowes that when the condition whereby the Covenant is tied to each partie is broken the Covenant it selfe by vertue thereof is quite dissolved or at least dissolvable at the parties pleasure with whom the Covenant was made By this it appeares that the King is as much bound to the Subjects as the Subjects to the King and that in this case the Subjects may make lawfull resistance to recover their undoubted Liberties and Priviledges and yet not bee termed Rebells against their Prince For none but they only can be called or esteemed such as violate their oathes of Allegiance which we do not if the King break with us his Covenant wherby he hath bound himselfe to us and upon performance whereof we sweare him Allegiance But now besides all that hath bin said let us a little look into the foul absurdities that follow upon this tenent that people must so submit themselves unto their Kings as either to obey their commands though never so unlawfull or else to suffer whatsoever they shall inflict upon them and not to take up defensive Armes against them but in case their Kings come against them in a hostile manner seeking their destruction all that they must doe say they is to runne away from them But say they doe so they may so follow and persue their people or incompasse them in that they can be able to runne no further so that then they must either perforce stand upon their defence or submit themselves unto their mercy Why I say they so they must all the weapons they must use in this case are prayers and teares So that then if Nero like they should wish that the whole body of their people were but one necke that hee might cut them off at one blow they must as we say lay their necks upon the block and submit themselves to their owne destruction And so now consequently it follows be their Kings never so great Tyrants not onely over their bodies but over their soules too as the case may be they may set up Popery and Idolatry in their Kingdomes as the Kings of Israel and Iudah did nay if they will bring in very Heathenisme and what not utterly depriving their people of all the outward happinesse and comfort of their lives and also as much as in them lies prostituting their soules to utter ruine by denying them the meanes of their salvation yet they may not doe any thing in this case to help themselvs by way of just defence or Legall Justice If this be so then indeed we are beholding only to the Kings good nature for every thing that we have and do enjoy and not at all unto the Laws and that will proove good doctrine that hath not long since bin so freely taught among us That our lives our Liberties our Estates our Wives and our Children and all we have are at the Kings mercy and that wee doe injoy any of these it is of his meer favor and bounty towards us And then what need at all is there of any Laws or why should the Parliament trouble themselvs to make any more Statutes or Ordinances wherby to govern us the which how ridiculous it is and how abominably false and contrary to Gods word you have already heard It will not be improper for this discourse to look a little into the case and condition which wicked King Ahaz brought his people into by his abominable Idolatry which he established in the land 2 Chron. 20.3 It is said He burnt incense in the valley of the son of Hinnom and burnt his children in the fire after the abominations of the heathen whom the Lord cast out before the children of Israel He sacrificed also and burnt incense in the high places and on hills and under every green tree wherfore the Lord his God it is said delivered him into the hand of the King of Syria and they smote him that is to say his people and carryed away a great multitude of them captive and brought them to Damascus and he was also delivered into the hand of the King of Israel who smote him with a great slaughter For Peca the sonne of Remaliah slew in Iudah 12000. in one day which were all valiant men and the reason follows because they had forsaken the Lord God of their fathers By whose meanes was this that they had done it was it not by reason of their Idolatrous King Ahaz Then in the 8. verse the children of Israel carryed away captive of them 200000. women sons and daughters and took also away much spoile from them and brought the spoile to Samaria Againe in the 16. verse Ahaz sends to the King of Syria to help him against the Edomites that came and smote Iudah who carryed them away captive the Philistims also had invaded the Cities of the low Countries and of the south of Iudah and had taken divers Townes from them as there they are reckoned up and dwelt there for it is said The Lord brought Iudah low because of Ahaz King of Israel for he had made Iudah naked and transgressed sore against the