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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A43095 Killing is murder, and no murder, or, An exercitation concerning a scurrilous pamphlet of one William Allen, a Jesuitical impostor, intituled, Killing no murder wherein His Highness honor is vindicated and Allens impostors discovered : and wherein the true grounds of government are stated, and his fallacious principles detected and rejected : as also his calumnious scoffs are perstringed and cramb'd down his own throat / by Mich. Hawke, of the Middle-Temple, Gentl. Hawke, Michael. 1657 (1657) Wing H1171; ESTC R12455 71,020 66

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they groaned under and though not sent by particular nomination as Moses was yet questionlesse by the immediate designation of the Almighty above ordinary providence for if we observe his various and marvelous progressions in his military imployments who from a common Commander within a few Summers for his stupendious Victories was made Commander in chief and from that dignity above his own ambition or humane calculation Resque fide major was advanced to the Supreame power of these three Nations how can we but acknowledge that it is the Lords doing and that it is marvellous in our eyes who raiseth the poor out of the dust and lifteth up the needy out of the dunghil Psa 113.7 that he may fit with Princes even the Princes of the people The second way by which the just power of Government is gained is bello Victoria Chyl rud Fo. 16. by Warre and Victory for as Master Hobbs saith it is a Corollarie in the natural state of man that a sure and unresistable power conferres the Right of Dominion and ruling over those who cannot resist of which before sufficient hath been said A Title also to which his Highness may justly lay claim for after the Victorious and invincible Army under the Command of Sir Thomas Fairfax and his Highness had layed the Royal part in the dust and trampled it under foot the Enemy which was vanquished in the Field had recourse to subtile practises to corrupt the Parliament and City of London upon the specious pretences that there was no Enemy in the Field and therefore no more need of any Army to continue the heavy and unnecessary charge upon the people by such Arguments as this the faction prevailed to vote the disbanding of the Army and vast Summes of the Commonwealths Treasure were wasted in raising Forces and entertaining of Reformadoes to beat the Army and thereby to make way for the readmitting of the then King to the reexercising that power which had produced such bloody and fatal effects and that without any just satisfaction given for the same to the people or reasonable provision for those had Faithfully engaged in the maintenance of them See the Declaration of the Parliament of England dated 24. of September 1649. insomuch that the Army presaging what dangerous and bloody consequences might ensue to the reinslaving of the people and to make void and irrite all their former and glorious Victories and that the Commanders and Officers of the Army might become a prey to the Royal party and the Enemy whom they had with great difficulty and much effusion of blood subdued and that their own honor and safety was now in dispute they of necessity were justly instigated by the principles of nature and self defence to oppose their bloody inhumane and ungrateful designes in attempting to supplant and cut off those had been the Patriots and Champions of their Lives Liberties and Fortunes and by the power of the Sword to force them to Victorious conditions which having obtained by the Right of Warre the Supreame power divolved on them because they were in an Hostile manner unjustly invaded and inforced to defend themselves from imminent destruction And that this was a just Warre Cic. pro. Milone let Cicero and Aristotle be Judges Illud est non solum justum sed etiam necessarium saith Cicero bellum cum vi vis illata defenditur that is not onely just but a necessary Warre when inforcing force is defended by force And Aristotle to the same effect injuriam Passos oportet pro seipsis Arma capere Arist ad Alex. it is not onely just but it behooveth those who suffer injury to take up Armes for themselves or to defend their Kinsmen Benefactors or Associates affected with injuries as the Commanders and Officers of the Army did neither is the objection of any force that in Civil Warre where the people is divided into two parts that part which conquereth the other cannot challenge conquest over it by Right of Warre because it is one Nation and a Nation cannot conquer it self to which Grotius gives this satisfactory Answer Grotius 16. l. 2. c. 18. that in such a divided State Gens una pro tempo re quasi duae Gentes habentur One Nation during the time of those civil divisions is accounted and esteemed as two And therefore one part may claim Title of Conquest over the other as one Nation may do over another So Henry the Fourth with one party of this Nation Heywards Hen. 4. conquered Richard the Second and his party after which conquest he was made King of England and did not claim that by the Title of Inheritance for as Mortimer said he was Haeres Malus but first by conquest and then by consent of the people which commonly follows the conquest as Praemium Factorum a Reward of his Valour which all men naturally applaud and honor And so Henry the Seventh with one of the party of this Nation conquered Richard the Third and his party neither did he lay claim to the Kingdome by proximity of blood for there were others nearer then himself but the first Title he had was in Bosworth field when after the conquest of Richard the Third Bacon and Bakers Hen. 7. he was by publick acclamations saluted King of England And such Conquerors for right of War may as Alexander saith in Curtius Leges Victis dare Give Laws and Conditions to the subdued party and as Ariovistus said to Coesar Imperare iis quemadmodum vellent Caesar de Bello Gallico To rule over them as they please And so did the Commanders and Officers of the Army of whom his Highness was the Head-piece by right of War rule and order the conquered party as they pleased and caused the City to deliver up all their Forts together with the Tower of London and all the Magazines and Arms therein To disband all their Forces and turn all the Reformados out of the Line to withdraw all their Guards from the Houses and to receive such Guards within the Line as the Army should appoint to guard the Houses to demolish their Works and to suffer the whole Army to march in Triumph through the City as Conquerors and by the same Right did they purge the Parliament of its infected and corrupted Members which power from that time they constantly retained and upon occasions continually exercised and were as Curators to the Parliament and Common wealth to remedy the distempers and rectifie the disorders which the ambition of some and lucre of others introduced And in fine for important Reasons above specified dissolved that long Parliament and that poor men under their arbitrary power were driven like flocks of Sheep by forty in a morning Hen. 4. See his Highness Speech 12 Dec. 1653. to the Confiscating of their Goods and Estates without any man to give a reason that any of them had forfeited Forty Shillings and that no door was