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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

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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.