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A85396 Hybristodikai. The obstructours of justice. Or a defence of the honourable sentence passed upon the late King, by the High Court of Justice. Opposed chiefly to the serious and faithfull representation and vindication of some of the ministers of London. As also to, The humble addresse of Dr. Hamond, to His Excellencie and Councel of warre. Wherein the justice, and equitie of the said sentence is demonstratively asserted, as well upon clear texts of Scripture, as principles of reason, grounds of law, authorities, presidents, as well forreign, as domestique. Together with, a brief reply to Mr. John Geree's book, intituled, Might overcoming right: wherein the act of the Armie in garbling the Parliament, is further cleared. As also, some further reckonings between thesaid [sic] Dr. Hamond and the authour, made straight. / By John Goodwin. Goodwin, John, 1594?-1665.; Glover, George, b. ca. 1618, engraver. 1649 (1649) Wing G1170; Thomason E557_2; ESTC R12380 138,495 164

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for him whom they had chosen in his room By the way he here bids us note that the right of electing whom they please is by the impartial testimony of an Emperour in the people for said he a just Prince ought to be prefered before an unjust and the end of Government before the Prerogative And to prove that some of our own Monarchs have acknowledged that their high Office exempted them not from punishment they had the sword of Saint Edward born before them by an Officer called Earle of the Palace ev●n at the time of their highest pomp and solemnity to mind them saith Matthew Paris the best of our Historians that if they erred the sword had power to restrain them The fact of E●ud in killing Eglon and so of Jehu in slaying Jehoram the said Authour reconcileth with rules for standing practice with much more to this purpose which I leave to the Readers peru●al in the discourse it self In another discourse lately published we have this President Sect. 77 recorded Brutus Generall of the Souldiers Lucr●tius Emperour of the city of Rome assembled the people against Tarquinius Superlus and by their Authority thrust him from his Royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publick Laws corporally punished * 〈…〉 p ●4 The same Authour subjoyneth that Christiern lost the Crown of Denmark Henry that of Sweden Mary Stuart King Charls his Grand-mother that of Scotland and Edward the second that of England for the same misgovernment as our late King lost his Crown and head The Parliament in their late Declaration mention this last President of Edward the second and Peter Martyr concerning that of Christiern King of Denmark writeth thus In our daies the Daues d●pos●d their King and kept him prisoner a long time * where also he adds out of Pol●dore Virgil that the English 〈…〉 P. M●●● ●● ●ud ● ●● 〈◊〉 have sometimes compelled their Kings to give an account of their money or treasure ill disposed of M r Prynne in his Appendix to the fourth part of the Sovereign power of Parliaments and Kingdoms undertakes in the front of this Lucubration and in the body of it performed the undertaking v●ry laudably to manif●st by sundry Histories and forraign Authorities that in the ancient Kingdome of Rome the Roman Gr●ek German Empires the old the peresent Grecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polo●ian Bohemian Danish Swedish Scottish with other forrein Kingdoms ●ea in the Kingdoms of Judah and Israel and other Gentile Royalties mentioned in Scriptu●e the Supreme Sovereign power resided not in the Emperours or Kings themselves but in the whole Kingdom Senate Parliament State People who had not onely Authority to restrain r●sist yea call their Emperous and kings to account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices misgovernment and sometimes CAPITALLY TO PROCEED AGAINST THEM with a brief answer to the contrary objections c. Afterwards in pursuit of this his notable ingagement out of Georgius Obrec●us a publick Professour of Law and Advocate to the City of Strasburg he furnisheth us with these Presidents besides that of Tarquinius devested of his kingdom by the people under the conduct of Brutus Lucretius the Roman Senate judged Nero an enemy of the Republick condemned him to the Gallows punished Vitellius with death ignominiously mutilated and dragg'd through the Citie and spoiled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publique Councel thorough the care of the Officers of the Realm deprived Childerick the first Sigebert Theordoric and Childerick the third of the Government In the same manner * M 〈…〉 ●f 〈◊〉 ●n● Kingdom A●pend p. ●●● saith the same Authour from Junius Brutu● we read Adolp●us deprived of the German Empire An. 1296. because corrupted with money he had made War with France in favour of the English Wenceslaus A 1400. Although these may be called not so well evil as lesse good Princes Thus in the Realm of England Edward the second for his Tyrannic to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queens request adjudged unworthy of his Crown by the Parliament Not long since Christierne in Denmark Ericus in Sweden Queen Mary very lately in Scotland were deprived which Histories worthy credit testifie hath been frequently done in the Kidgdom of England Hungaria Spain Portugall Bohemia and the rest Thus far M r Prynne in Precedents of Kings and Emperours deposed and punished with death to which you may please to add what he relates out of Sozomen and Nicephorus concerning the death of Julian by one of his Souldiers and the fact of the Christians at Antioch upon it together with his Annotation upon both as they were formerly presented Sect. 67. of this discourse beyond whom no man that I know hath travailed with his pen in asserting the Legality of such proceedings against them He that will please to read the Historie of the Reformation of the Realm of Scotland by M John Knox shal find many like Presidents cited and argued from the Scriptures themselves So that the Parliament of England in their Judiciary processe against the late king did not walk alone in an untrodden path but in an high-way occupied upon like occasion by all the chief Nations of Europe yea by the once onely Heaven-beloved Nation of the World The premises from first to last considered that Doctrine Sect. 78. which Prerogativeth kings above the stroke of human justice upon the account of their being unaccountable unto men for whatsoever they do which the Parliament taketh notice in their Declaration of March 17. 1648. pag. 13. to have been the late kings Assertion appears to be very extravagant and and Eccentricall to all principles both of Reason and Religion Such an unaccountable Officer as the said Declaration well expresseth it were a strange monster to be permitted by man-kind For if the main ground of erecting publick Administrations of justice and Courts of humane judicature in all Polities and States whatsoever be both in Reason and Religion to secure and protect those who live justly and peaceably against the violence and injustice of oppressours and unjust men it must needs be contrary unto both to exempt such persons from the jurisdiction of these Court and Administrations who have alwayes the greatest opportunities and temptations and for the most part the strongest bent of disposition and will to practice such unrighteousnesse and oppression Put case a man hath received several wounds in fight amongst which there is one more dangerous and threatening life than all the rest would it not be a solo●cisme in reason for this man with all diligence and care to send for the skilfullest Chirurgion he can get and when he is come to limit him in his applications to the wounds
can oath or promise bind any such people to obey and maintain Tyrants against God and his Truth known but if rashly they the people have promoted any manifest wicked person or yet ignorantly have chosen such an one as after declareth himself unworthy of Regiment over the people of God and such be all Idolatrous and cruel persecutors most justly may the same men depose and punish him that unadvisedly before they did nominate appoint and elect * The appel●… The Author of the book intituled Lex Rex full of solid ●ec 67. learning and variety of reading supposed as was before intimated upon very pregnant grounds to be M Samuel Rutherford maintains many positions in this Tractate of a close confederacie with the mentioned o●●nion of M r Knox as That the King is the servant of the people both objectively and subjectively * Pag ●●7 That the consciences of Inferior Iudges are immediately subordinate unto God not to the King either mediately or imediately That an inferior Judge may put to death murtherers as having Gods sword committed unto him no lesse then the King and though the King command the contrary * 〈…〉 That the Sanedrims not punishing David Bathsheba Ioa● was but a fact not a Law * 〈…〉 That resisting of Kings that are Tyrannous and patience are not inconsistent * 〈…〉 That Christs non-resistance hath many things rare and extraordinary and so is no leading rule to us * 〈…〉 ●15 That Davids not invading Saul and his men who did not aim at Arbitrary Government as subversion of Lawes Religion and extirpation of those that worshipped the God of Israel and opposed Idolatry but only pursuing one single person is far unlike to our case in England and Scotland * 〈…〉 34● 3●3 That if a King turn a Parricide a Lion and a waster and destroyer of the people as a man he is subject to the coactive power of the Lawes of the land * Pag. 344. That Kings are but vassals to the State who if they turn Tyrants fall from their right * Pag. 404 To omit very many others of the same calculation with these Hugo Grotius as great and learned a Royalist I believe as ever took hold of shield or buckler in the defence of Prerogative yet acknowledgeth that there are seven cases wherein the people may have most reall action against the King to accuse ●…nish him What the particular cases are the Reader if he please may find in the last mentioned Discourse * Pag. ●●● Yea Master Prynne himself having related out of Sozomen and Ni●ephorus the Story of J●lian the Emperours death reputed to be slain by a Christian Souldier of his own Army and the fact of the Christians at Antioch who for this murther instituted a publick Triumph Epiphonemas it thus A pregnant Evidence that even the Primitive Christians on whose examples and practice our Antagonists so much depend though to no purpose as I have elsewhere manifested held it not onely lawfull for them to resist but even in some cases to flay a pe●secuting Apostatizing Tyrant bent to subvert Religion Laws Liberties as may be further evidenced by Constantine the Great his aiding the oppressed Christians and Romans against the Tyranny and persecution of the Emperours Maxentius Maximinus and Li●inius even with force of arms with which he conquered these persecutours in sundry open Battels fought against them at the Christians earnest importunitie * Sove●eig● Power of P●●●●nd K●●gdom● Append ●o the forth p●●t p. ●●6 ●●7 I should multiply quotations from other Protestant Authours Sect. 68 of the same character and tendencie with these already cited by which the constant Judgement of Protestant Divines in the Question in hand would appear to be quite contrary to what the Representers most unworthily affirm it to be but that others and that of late have laboured so abundantly in this service If the Ministers will please but to peruse their Clerico-classicum or Alarm to a third War pag. 31 32 33 34 35. they shall find a Constellation of many Stars in the Protestant Heaven clearly shining forth light opposit to that darknesse which they either so ignorantly or contra-conscientiously attribute to them Whereunto if their desire of a Reformation in their Judgements in case their miscarr●age issued from hence will so far serve them and hold out as to joyn the like perusall of a few pages viz. 23 24 25 26 27. in another book lately also published by J. M intituled The tenure of Kings and Magistrates doubtlesse they will retract that ignoble and unclerk-like assertion wherein they affirm that their inhumane Tenet whereby they cannot but encourage Kings to turn Tyrants to commit murthers rapines and all manner of abominations that Tenet of theirs I mean wherein they deny unto Kings the help of that bridle for the ruling of their lusts more needfull for them than for any other sort of men the fear of death by the sword of civil Justice upon any occasion whatsoever to have alway been the constant Judgement and Doctrine of Protestant Divines both at home and abroad Onely for a cloze to the point in hand and to convince them if it be possible and they not as yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sect. 69 that when they wrote the words last mentioned through a mistake they wrote their Interests in stead of their Consciences I shall briefly present them with the Judgement of two home-Authours more in the case the one being one of themselves in both the Subscriptions the other as cordiall unto them as themselves in the case in hand and whose Judgement in the businesse cannot lightly be more unknown unto them than their own The former of the two is M r. Christopher Love who intitles himself to the Pastorage of Anne Alders-gate as well in the Vindication as Representation but since meeting it seemes with better ●asturage hath voided that title for the unprofitablenesse ●f it a man who I know counteth it no robbery to be both a Protestant and a Divine Doubtlesse this man did not judge it neither can he judge it now to be the constant Judgement and Doctrine of Protestant Divines at home whatsoever he might conjecture of theirs abroad that Kings upon no occasion in no case whatsoever might be put to death when he preached first out of the Pulpit at Uxbridge to a few and then out of the presse to all the world that the late King was the Troubler of England as ●chan was of Israel subjoyning It was the Lord that troubled ●chan because he troubled Israel Oh that in this our State Physicians would resemble God to cut off those from the land that have distempered it Melius est ut pereat UNU● qu●m unit as * England● D●●t●mper a Se●●●n preached at V●bridge before the Commissioners appointed by the Parliament ●●●●●at with the King there by Mr L●v● pag ●● Did the man crie out O● to have that
Thou see'st not whom thou see'st then doe not say That this is HEE who cash a lump of clay Without it's soule a man● thou see'st ne● more Nay but the SHADOW of that lumpe what 〈…〉 Of gifts and graces what perfections rare Among ten thousand persons scatt'red are Gather in one Imagine it to bee This SHADOWES substance and then say us HEE DT G G sc●●t Ὑβριστοδικαι THE OBSTRVCTOVRS OF JUSTICE OR A Defence of the Honourable SENTENCE passed upon the late KING by the High COURT of JUSTICE Opposed chiefly to The Serious and Faithfull Representation and Vindication of some of The Ministers of LONDON As also to The Humble Addresse of D r. HAMOND to His Excellencie and Councel of Warre Wherein the Justice and Equitie of the said SENTENCE is Demonstratively Asserted as well upon clear texts of Scripture as principles of Reason grounds of Law Authorities Presidents as well Forreign as Domestique Together with A brief Reply to M r. Jolm Geree's Book intituled Might overcoming Right wherein the Act of the Armie in garbling the Parliament is further cleared As also Some further Reckonings between the said Dr. Hamond and the Authour made straight By JOHN GOODWIN But thou O God shalt bring them down into the pit of destruction bloudie and deceitfull men shall not live out half their dayes Psal 55. 23. Howl Fir-tree for the Cedar is fallen Zech. 11. 2. And all the people of the land rejoyced and the citie was in quiet For * So the former Transl read it 〈◊〉 and Tr●mell Post q●●● ● after that they had slain Athaliah with the sword beside the Kings house 2. Kings 11. 20. Fiat Justitia ruat Coelum Ad Generum Cereris sine caede sanguine pauci Descendunt Reges siccâ morte Tyranni Juven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Odyss LONDON Printed for Henry Cripps and Lodowick LLoyd and are to be sold in Popes-head-Alley 1649. TO THE RIGHT HONOURABLE THE COMMONS of ENGLAND Assembled in Parliament RIGHT HONOVRABLE THe Glorious God who as Elihu saith accepteth not the persons of Princes * Jo● ●4 19 hath by your hand cast down the mighty from their seat his next work I trust will be the exaltation of those of low degree by the same hand I mean the redemption of this poor afflicted distracted distressed and long oppressed Nation out of all her troubles I confes when I look upon the manifold grand discouragements which you still meet with from the unthankfulnesse of that People with whose liberties comforts and well being in every kind your soul daily is in travail I apprehend great cause of fear lest your hands should hang down from the work considering that the arm of omnipotencie it self contracted an impotencie when time was from the unworthinesse of those for whose sake it was otherwise readie to have lift up it self gloriously And he COVLD ●aith Mark speaking of the Lord Christ being now in his own countrey there DO NO MIGHTY WORK * M●●● 6. 5. the reason whereof is plainly expressed by another Evangelist viz. because of their unbelief † Matth. 1● ●● ● by a metonymie of the effect put for the cause because of the frowardnesse and great aversnesse of their spirits either to inquire after or to consider of such things which were proper and effectuall being duly considered to have raised a belief in them that he indeed was their Messiah He COVLD DO NO mightie work for this People .i. he had no mind no desire the want whereof is an impotencie ●s to action to gratif●e so unworthy a generation of men at so high a rate Or else He could do no mighty work c. ● it was repugnant to the Law of that wisdom and righteousnesse by which as God he governs the world for him to do any matters of that sacred import for such men But he who once by himself could do no mighty work for a carelesse froward and thanklesse People at another time by Moses his servant was able and willing too to bring water in abundance out of a rock for the preservation of the lives of such men and their cattell whom Moses himself thought it no wrong to call Rebels * M●●●●● 1● 11. As the Devil whether through want of will or of power otherwise i● not so ●a●●e to determine is not wont to work those mischiefs in the world immediately or by himself which he frequently worketh by the mediation of Witches and other Instruments anointed by him for his service so neither is the glorious God pleased to act such matters of Grace for the children of men with his arm unbared which he is many times readie and willing to do for them when he hath Agents at hand taken from amongst m●n pleasing to him and meet to make a covering for his arm in reference unto such actions Thus whilest he had Joshua by whom to negotiate the affair and so those Elders who had lived with Joshua and out-lived him he kept the people of Israel from Idolatry * Josh 24. 31. Afterwards he did the like by the hand of those Judges whom he was pleased in a way more than ordinarie to raise up and set over them whereas still in the intervalls between Judge and Judge which were sometimes larger and sometimes lesser he suffered this People to turn aside after Idols In like manner by the hand of the faithfull High-Priest ●●●●●ada whilest he was in being he steered the young King ●●●sh in wayes that were good but his Instrument and Steers-man failing him by death he suffered this King to ruin himself by groves and Idols † Esa 31 3. Examples in this kind are no ●arities in Scripture The 2 Chr. 24 ●● 18. hope I have that God hath fitted you for a covering of complacencie and delight to his own arm in order to the lifting up of this poor Nation from the gates of death will not I trust make me ashamed I beseech you therefore know no discouragements after the flesh Your enemies ar● m●n and not God and th●i● horses fl●sh and not spirit * W●●● the Lord shall stretch out his hand both he that helpeth your opposers and he that is holpen shall fall down and they shall all fail tog●th●r There is but a st●p between those mountains which magnifie themselves against you and their melting down into plains You know who it is that onely by touching the mountains makes them to smoke If you value your selves by your selves and by your friends made of men you estimate your hay and stubble but forget your silver and gold The strength of the Almightie becomes yours onely by-laying claim to it and dependance on it How came Ch●mosh to be the god of the Moab●t●s or Ashtaroth the god of the ●●donians Did these relations acc●ue unto them upon any other account than meerly their own choise of these abominations to serve and worship them as Gods If you
OF OUR OWN 4. If the Parliament of England because of the sequestration Sect. 36 of some of their Members by the Army were under force or in no capacity to act Parliament-wise doubtlesse the Parliament of Scotland now sitting is much more under force and upon this account all they have acted since the first of their sitting or shall act yet further must be null yea more formally and apparantly null than any the Acts of the present Parliament of England For about six moneths since the Army of the Parliament of Scotland which invaded this Kingdom being by the blessing of God overcome those that now govern affairs there who were before oppressed by them raised forces of their own Authority and by force caused them who See the Parliaments Declaration o● 〈…〉 17. 16●● Pag. 12. 13. had the Parliamentary Authority to flee from Edenburgh and by the help of the English forces than in the North invited to their assistance did compell the disbanding of the forces there remaining that were raised by the Parliament and having modelled their own forces did call another Parliament while the former was by Adjourment continued and gave such limitations to the new Elections as they judged most for the interest safety and peace of that Kingdom And that Parliament hath since sat under the Protection of those forces so raised So that the present Parliament of England is much more free than the Parliament of Scotland For 1. The Members of the former were Elected without any limitations prescribed to or about their Election whereas the Election of the Members of the latter was incumbered and not carried or made with the like freedom 2. The Parliament of England now in being was not brought in by force over the head of another Parliament legally chosen this being forced to flee to make way for that which is the case of the Scottish Parliament 3. And lastly the Parliament of England sitteth under the Protection of forces raised by their whole body and whilest all their Members had full liberty to sit whereas the Parliament of Scotland is attended for their security by forces raised by some few of them onely the forces raised by their free Legall Parliament being by force compelled to disband But 5. That the Parliament of England acteth freely and not as Sect. 37 under any force since the want of their secluded Members or at least as freely as they did before is evident because they now act by the same principles and according to the same genius by which they acted whilest those Members sat with them though by the number and potent influence of these Members upon the House matters were still over-ruled in opposition to them as well as to the liberties and safety of th● Kingdom 6. There is no colour to judge the Parliament now sitting to be under force in as much as those under whose Protection they sit are their reall cordiall and ●ried friends being their own Army raised by themselves and who have stood by them and by the Kingdom with all faithfulnesse and with the eminent hazard of their own lives from the first untill now Do m●n use to be afraid of their friends their known their long their throughly experienced friends Suppose they had been under such a kind of force which had strongly inclined them to act contrarie to their judgements I mean contrarie to such principles as by which it is like they would have acted in case such a force had not diverted them yet unlesse it can be proved that those judgements of theirs according unto which it is supposed they would have acted in case no force at all had influenced them were consistent with the liberties peace and safety of the Nation which consistencie hath not yet been proved nor ever will there can no sufficient reason be given why their acts should be judged null or illegall It is the saying of Seneca It is an happy necessity which compelleth men to better 〈…〉 c●●p●… wayes than otherwise they were like to take And in case Parliamentary Acts should be questioned in point of legall validity u●on a supposall yea and this in some degree reasonable that Parliaments at the time of their transaction were under force or which is the same under fear of acting otherwise upon this account the validity of all Parliamentary Acts whatsoever in this Kingdom if not in others also will be obnoxious and liable unto question For it may very reasonably be doubted whether any Parliament were ever so free in the passing of any Act but that they were under fear either of the King and his power and party on the one hand or of the people and their discontent on the other and consequently whether ever any Parliament acted with such precisenesse of liberty or freedom as that the genuine and native ducture of their judgements was no wayes touched or wrought upon by any influence of persons or things feared by them If it be yet objected yea but it was onely the House of Sect. 38 Commons that voted the Erection of that Court of Justice which gave sentence against the King The House of Lords concurred not with it Therefore the Authority of this Court was illegall it being contrarie to the fundamental Laws of the Kingdom that either of the two Houses should assume unto themselves or exercise a compleat Parliamentary power without the concurrence of the other I answer 1. Many talk of the fundamental Laws of the Kingdom who I beleeve understand not at least consider not what the word fundamental imports Certain it is that no other Law or Laws of this Kingdom can with any propriety of speech be termed fundamental but onely such the observation whereof by the body of the Kingdom is of absolute necessity to the wel-being of it And no lesse certain it is but that the welfare and prosperity of this Kingdom may stand without any house of Lords at all and much more without their concurrence with whatsoever the House of Commons shall passe in order thereunto Upon the same ground evident it is that the Trial of Malefactours or Delinquents especially in extraordinary cas●● of Delinquencie by Juries is no fundamental Law of the Kingdom in as much as the wel-being of the Kingdom may subsist as well without it 2. All Authority and Power of Government being originally Sect. 39 and fundamentally in the people as hath been already proved at large they have a just and legall power in their Representative which is the House of Commons without the Lords to act and do whatsoever they rightly judge conducible to their wealth and safety especially when the Lords shall refuse to concurre with them in such things It is unreasonable to conceive that it should be a matter of sin or unlawfull for a Kingdom to make provision for it self and it is own good unlesse such or such a small party amongst them who prefer their own undue personal Interests before