Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	scotland_n	15,706	5	8.4494	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79833	The golden rule, or, Justice advanced. Wherein is shewed, that the representative kingdom, or Commons assembled in Parliament, have a lawfull power to arraign, and adjudge to death the King, for tyranny, treason, murder, and other high misdemeanors: and whatsoever is objected to the contrary from Scripture, law, reason, or inconveniences, is satisfactorily answered and refuted. Being, a cleer and full satisfaction to the whole nation, in justification of the legal proceeding of the High Court of Justice, against Charls Steward, late King of England. The first part. / By John Canne.	Canne, John, d. 1667?	1649 (1649)	Wing C440; Thomason E543_6; ESTC R204183	32,291	40

law of absolute Majesty c. It is said of Paracelsus that the diet he prescribed his patients was to eat what and how often they thought fitting themselves Royallists and Court-flatterers do allow such an absolute prerogative to Kings that if they would make use of their plenitude and unlimitted power there is no wickednesse but they may do viz. violently ravish matrons deflour virgins unnaturally abuse youth cut all their Subjects throats fire their houses sack their Cities subvert their Liberties and as Bellarmin puts the case of the Popes absolute irresistible authority send millions of souls to hel yet no man under pain of damnation may or ought demand of him Domine cur ita facis Sir what do you such a slavery those vermins have sought to bring all Subjects into But to answer 1. The scope and drift of the place is thus Samuel being displeased with the people because they would reject Gods government who was then their King having in his own hand the regal rights and did substitute under him Judges whom he extraordinarily called qualified and inspired them with his spirit shews them the manner of the King ver 9.11 not what they should be and ought to do in right but what they use to be and do in fact and how commonly they demean themselves in Government contrary to Gods Law Deut. 17.15 and the Lawes of the Kingdom and that he speaks not here of the Law or power of a lawfull King but of Saul's tyrannicall usurpation is evident thus 1. The Hebrew word is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the which as our English rendreth is the manner and so the word usually signifies a 2 K ng 17.26 Gen. 40 13. Exod 21,19 1 Sam 27,11 a custome or manner and as a custom so a wicked b 1 Sam 2,13 1 Kings 18,28 custome Peter Martyr on the place saith He meaneth here of an usurped Law The custome and manner of doing say Junius and Tremellius Clemens Alexandrinus on the place saith non humanum pollicetur Dominum sed insolentem daturum minatur tyrannum he promiseth not a humane Prince but threatneth to give them an insolent tyrant So saith Beda Lyra expoundeth it Tyranny so Cajetanus And Serrarius he speaketh not here quid Reges jure possint sed quid audeant what they may do by right and Law but what they wil be bold to do and so speaketh Thomas Aquinas Osiander Pelican Borhaius Willet and our last large Annotations take it that Samuel setteth not down the office of a King and what he ought to be but what manner of Kings they should have such as would decline to tyranny be tyrants not Kings rule by will not by Law 2. He speaketh of such a power as is answerable to the acts here spoken of but the acts here spoken of are acts of meer tyranny As 1. to make slaves of their sons ver 11. was an act of Tyranny 2. To take their fields and vineyards and oliveyards from them ver 14. was no better then Ahabs cruelty towards Naboth 3. To put the people of God to bondage ver 15 16. was to deal with them as the Tyrant Pharaoh did 4. He speaketh of such a Law the execution whereof should make them cry out to the Lord because of their King ver 18. but the execution of the just Law of the King Deut. 17. is a blessing not a crosse or curse 3. It is clear that God by his Prophet disswades them from their purpose of seeking a King by fortelling the evil of punishment that they should suffer under a tyrant for 1. Samuel is to protest against their unlawfull course v. 9. 2. He is to lay before them the tyranny and oppression of their King which cruelty Saul exercised in his time as the history of his life sheweth But he speaketh not one word of these necessary and comfortable acts of favour that a just King by his good Government was to do for his people Deut. 17. 3. It is set down ver 19. how in effectual Samuels exhortation was now how could it be said they refused to hear the voyce of Samuel if he had not dehorted them from a King 2. Touching these words and ye shall cry out in that day because of your King 1. Here is not one word of any lawfull remedy for this is not alwayes understood of praying to God by reason of oppression as by many a Is 15.4 Ha. 2.11 Deut. 22.24 Scriptures doth appear 2. Though it were the Prophets meaning they cryed unto the Lord yet it is not the crying of a people truly humbled and in faith speaking to God in their b Zec. 7.12 Psal 18.41 troubles and therefore such prayer as God heareth not 3. It is a rule in Logick and Divinity Ex particulari non valet argumentum negative from one particular place a negative argument is not good To apprehend imprison and put a tyrant to death is not written in this particular place therefore it is not written at al in other places of Scripture But 4. The text sayes not They shall only cry out as if no other course were to be used against a tyrant but crying out which shews a meer fallacy and absurdity in what they speak Because a man must pray for Kings and Rulers Ergo there is no tribute or obedience due to them Again Men must pray for their daily bread and sick persons seek to God for health Ergo they must only pray and not labor for it they must take no phisick but only pray 3. If the Prophets words be rightly understood he is so far from affirming that the power of a King is absolute and uncontroulable as on the contrary he closely admonisheth the people that they should look to him as to restrain and bridle his licentious liberty and keep him within the due limits of law and reason and seeing he is apt to degenerate into a tyrant and cruelly to oppresse the subjects to be therefore prudent and carefull seasonably to prevent so great a mischief and danger Lastly In the whole description here of a tyrant there is not one word against our Conclusion For 1. The peoples power whose Representatives the Ordines Regni the States of the Kingdom are is above the King Polib his l. 6 Such were the Ephori amongst the Lacedemonians the Senate amongst the Romans The Forum Superbiense amongst the Arragonians The Electors of the Emperors the Parliaments in England Scotland France and Spain The Fathers of Families and Princes of Tribes amongst the Jews And for this Soveraign and Supream power of Estates as above Kings I appeal to Jurists and to approved Authors Argu. L. aliud 160. sect 1. de Jur. Reg. l. 22. Mortuo de fidei l. 11.14 ad Mum. l. 3.14 Cornelius Bertramo c. 12. Junius Brutus Vindic. cont Tyran sect 2. Sigonius de Rep. Judaeor l. 6. c. 7. Author Libelli de Jur. Magist in Subd q. 6.

it hath been seen by often and wofull experience when the States of a kingdom have only stirr'd their Princes by opposing and resisting their tyranny and misgovernment and not cut them off they have brought upon themselves and the whol Realm the more mischief and misery afterward 3. Former examples are no binding rules to us otherwise then we see men have acted according to reason religion Law for wherein soever they differed from these things therein ought we to differ from them 4. If kings formerly have not judicially been put to death for murder treason and other capital crimes it is the more needfull and usefull that such a thing should now be don that all other Nations far and neer may hence know and learn what their duty is and what they may lawfully do in point of Law and conscience and not stand stil as if they were beasts in a base and sencelesse slavery any longer But Fiftly To speak more directly to the objection There is no new thing under the sun We have many examples of Emperours Kings which have judicially been condemned put to death by the Soveraign power of the people Matth. Par. pag. 273 274 275. Not to speak of Nero mentioned before nor of our King John who was condemned to death by a Parliament in France for slaying his Nephew Arthur treacherously with his own hands and likewise to lose the Crown of England It is said of Amaziah king of Iudah 2 King 14.19 That they made a conspiracie against him in Jerusalem and he fled to Lachish but they sent after him to Lachish and slew him there Not privately but openly as acted by publick authority for his great impiety and having broken his Oath and Covenant whereupon we reade not of any complaint inquisition proceeding or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those that slew king Amon but being slain They to wit the persons who had put him to death brought him on horses and he was buried in Jerusalem and all the people of Judah made Ahaziah King Which plainly shews that what was formerly done by the greater part of the State at Jerusalem was afterward confirmed by Common-consent and executed by command of those which might lawfully do it In like manner Andronieus was apprehended deposed put to death by the people for his tyranny and oppression Nic. Chr An nales fol. 52. Grimst Emp. hlst pag. 160. Reg. Sco Buchan lib. 4. pa. 111. So Iulianus not only deprived of the Empire but authoritatively commanded to be slain in his pallace Heliogabulus that monster of mankind was by the Praetorian Soldiers put to death with the Senate and peoples approbation Dardan King of Scotland by the unanimous consent of the Nobles and people had his head cut off which they carried about for a laughing-stock and threw his corps into a jakes after he had reigned 4. years Lucktock the 22 King of Scotland for his vitious and base life was convented before an assembly of the chief men and slain with the instruments of his wickedness ib. p. 113. Eugenius the 8. another of their Kings was for his filthy lusts covetousness and cruelty slain in the assembly of his Lords by their general consent and his companions in villany and wickednesse hanged Et ipsi gratum populo speculatum praebuere pag. 165. which was a greateful spectacle to the people So Agis and Pausanias two Lacedemonian Princes put to death by the people Mun. cos l. 5. c. 37. p. 1248. So the Thracian Kings for their offences by publick consent were punished with death The usual practice of the Saboeans was to stone their Kings if they highly transgressed and went beyond their bounds If need were it might be shewed out of Histories and approved Authors that the Athenians Ionians Melesians Marchomanni Quadi Persians Sicilians Corinthians Parthians Meroes Gardii Medes Paphii Cathians Ethiopians Sidonians Germanes Swedes Danes and antiently even all other Nations not only prescribed laws and lim●… to their Kings but cald them usually to an account for their misgovernment and oft times put them to death when they saw cause Alex. ab ●… 4. ●… fol. ●… ●uel Gibel pli l. 4. Alex. l. 6. c. 4. Plut. in Arat. Val. 6 The putting to death of Tyrants in former times hath been held so lawful and honorable as large rewards have been propounded to the undertakers and authors thereof and to the living they have given the goods of the Tyrant as to the deliverer of their Country and honored the dead with Epitaphs and Statutes of brasse as in Athens Harmodius and Aristogiton together with Brutus and Cassius Max. l. 2. c. ult L. 3. L. om● ne delictū Sect. ut F. de re mil. in Greece Aratus the Sycienian and thus by publick Decree of their States because they had freed their several countries from the tyranny of Pasistratus Coesar Nicoebis yea those monuments of Tyrant-killers by antiquity were so honored and highly esteemed of as they placed them in their Temples on sacred banqueting beds And when Xerxes having vanquished the Athenians had carried away with him the Statutes of Harmodius and Aristogiton into his own country Seleucus one of the successors of Alexander the great King of Syria caused them with all diligence to be carried back again and to be set up in their own places In Norway antiently they had this custom That whosoever slew a Tyrant King was thereby made a King Gul. Neu brig l. 3. cap. 6. And what the Poet wrote was the opinion then and common saying of the people Victima haud ulla amplior Potest magisve opima mactari Iovi Quam Rex iniquus To God no better offering can men bring Nor fatter than a wicked Tyrant King For conclusion This only I shall add to say There is not an example any where of the like practice If it be meant not so judicially and according to the strict rule and form of law I confesse there may be much truth in it For commonly heretofore amongst all Nations Iewes Turks Papists Heathens c. People observed not the manner as matter they thought Tyrants so worthy of death as they did not much mind how and in what way to cut them off so they were destroyed hence it came to passe that few tyrannous princes in old time ever died a natural death but either by their subjects or their means were slain in warre or by some private hand made out of the way which gave Iuvenal occasion to say Ad generum Cereris sine caede sanguine pauci Descendunt Reges sicca morte Tyranni Few Tyrants unto Plutoes Court do go But that are thither sent by bloody blow And therefore this late proceeding against the King seeing it was so legal it shall live and remain upon record to the perpetual honor of our English State who took no dark or doubtful way no indirect ●…by-course but went in the open and plain path of Justice Reason ●…w and Religion and in this regard they need not fear the reproaches and falshood of malitious tongues and pens for as God doth approve their work and owns it so he will defend them his and their Cause in spight of all treacherous and wicked Designs either of Men or Devils The end of the First Part.