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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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own soule the King himself may be within the compasse of these or most of these relations as the case is put intice thee secretly saying let us goe and serve other gods which thou hast not known thou nor thy fathers thou shalt not consent not him nor hearken unto him neither shall thine eye pitty him neither shalt thou spare neither shalt thou conceal him but thou shalt surely kill him thine hand shal be first upon him to put him to death and afterwards the hand of all the people and thou shalt stone him with stones that he dye Deut. 13.6 c. In which words the Spirit of God plainly shews that in this case the greatest and nearest relation of friendship love and duty that we can owe to any whatsoever they be of what dignity or degree soever should not make us desist from the execution of Justice These things are spoken you see without the least exception that may be that in case the Rulers or the King should do thus that the like should not be done unto them but God requires that Equity and Justice be done alike upon all without respect of persons as we well know that this is the charge that God hath given Deut. 16.19 Thou shalt not wrest judgement thou shalt not respect persons Where God shews thus much unto us that to respect the persons of any in matter of Judgement or Justice is to wrest Justice and to goe aside from that which is right God will have equall and impartiall judgement administred alike unto all And the reason hereof is given by the Holyghost in the place before ci●ed Deut. 13.11 That all Israel may heare and feare and doe no more any such wickedne●se Now there is none that will deny but that Kings by nature are as bad as any and are subject to be worse then any others by reason of those Flatterers and evill Counsellours that usually are about them as we may see in the examples of Ioash 2 Chron. 24 17. and of Rehoboam 2 Chron 10.8 c. should it be so then that there were no Laws in force binding unto them as well as unto Us and examples of true and equall Justice made upon them as well as upon others it were the very next way to open a gappe to all Kings and Princes to all manner of wickednesse and licentiousnes and to make them Tyrants that otherwise would be good and gracious towards their People Wheras this would be a very good meanes to keep Kings in as well as others from running into such extravagant courses to the dishonour of God and the destruction of their people as usually they are wont to doe unlesse we will say that God hath given unto Kings and Princes a dispensation above all others to run headlong unto Hell without controule They that teach such Doctrine by this now it appeares what friends they are unto them whatsoever they may pretend who would make Kings of all others the most miserable by ascribing unto them an unrestrained liberty to all wickednesse whatsoever to their destruction But here comes in another Objection for will some say againe Kings are Gods anoynted therfore men may not question them much lesse may they touch their lives whatsoever their actions be And thus much saith David concerning Saul who was King of Israel though he were a wicked King and his enemy that sought his life and that for no just cause neither yet when David had an opportun●ty to slay him 1 Sam. 24 6. he speaks thus The Lord forbid that I should doe this thing unto my Master the Lords anointed to stretch forth mine hand against him seeing he is the anointed of the Lord. So againe 1 Sam. 26.9 Who can stretch forth his hand against the Lords anointed and be guiltlesse To this I answer David was a private man notwithstanding he was Sauls successor by Gods appointment to the Crowne and so had no warrant to doe such a thing as this as to take away the life of Saul the King though hee had done him or should seeke to doe him never so much harm For in a case farre Inferiour to this wee know that if a private man be a Thiefe and by Law is condemned to die yet no man may lay violent hands upon him to take away his life but onely in a Legall way and by the executioner that is by authority appointed for this purpose if any man should hee would be accounted a murtherer for so doing and bee liable to suffer the Law in that case provided So then if this cannot bee justifiable upon a private person condemned by Law much lesse then upon a publike person especially such a one as a King is and uncondemned too Therfore in this case had David taken away Sauls life who was then King of Israel he had bin much to blame and had sinned exceedingly in the sight of God wherfore David would not doe it But we doe not know what David would have done or what he might have done in case Saul should forceibly have come upon him to have taken away his life in his own just defence for his own safety and preservation for else for what end had David those 600. men with him Surely it will be answered and I beleeve the most malignant among them all will not deny it that he had them for his Defence was it so Then truly I think that they that will defend themselvs by Arms and armed men must needs offend when they are offended For this is a meere conceipt that even very children will be ready to laugh at to say that when a mans enemy comes against him to doe him a mischief he must only defend himselfe but must not strike againe For how is this possible for a man to defend himselfe from his enemy and yet not offend his enemy Then for asmuch as Kings are call'd the anointed of the Lord they are so call'd in two respects First either in regard of the Anointing Oyle that was powred upon them by the performance of which Ceremonie they were inaugurized into their Functions and Offices Or else in regard of that authority which by their people they are elected unto whereby they become Gods Deputies and Vicegerents here on earth in ruling and governing of his people For the first of these in asmuch as Kings are call'd the anointed of the Lord because of the Anointing Oyle that was powred upon them by the performance of which Ceremony they were inaugurized into their Functions whereof some there were that God did in a more especiall manner thus institute and ordaine even by His own immediate appointment as to wit Saul David Solomon Iehu and Hazael whom he commanded Elijah to Anoynt King over Syria Yet I see no ground nor reason why even these should not be responsall to the Lawes and to their Kingdomes for their Actions For I do not perceive that God did any whit hereby exempt them from the observance of his Laws either
Power Magistracie and Government is the ordinance of God and by divine institution but so are not Kings nor this nor that nor any other kind of government they are of man and through his appointment So that I say Kings for their kind of government are the ordinance of man For God hath not tied any people in his Word that they shall be governed by Kings or by Dukes or by Judges or Estates or the like but referres that unto themselvs for their choice according as they shall see most convenient for their good and prosperity but when this or that kind of government is ordained and established by generall consent of the people this is the ordinance of God which the Apostle gives a charge that every one be subject unto according to the old saying Vox Populi vox Dei The voice of the people is Gods voice which they that resist shall receive to themselvs damnation So that still you see there is a power on earth above Kings as I said before which lies in the generallity of the people from whence they doe receive as from their Fountain head their Soveraignty and Kingly dignitie Now then from what hath bin said followes this consequence of necessitie that if there be a greater power on earth then Kings are Then Kings are accountable for their actions therunto and ought to be subject as well as others as appeares by that in Rom 13 1. Let every soul be subject to the higher powers for there is no power but of God the powers that be are ordained of God c. Whosoever therfore resisteth the power resisteth the ordinance of God and they that resist shall receive to themselves damnation In which words we see the Apostle gives a generall charge to all inferiours to submit themselves to their superiours therfore if Kings be inferiour to their Kingdomes and so consequently to the representative bodies therof then Kings ought by vertue of this charge to be subject thereunto as well as others But how ought they to submit what in doing only and in matter of obedience are they discharged there so as though they abuse their power never so exorbitantly to spoile oppresse and destroy their people censure may not passe upon them nor punishment be inflicted surely I find no such distinction in all the word of God Nay we are commanded the contrary and the law of nature teacheth us as much that if there be a festred and a gangreen'd member in the body that would destroy the whole to cut it off for the preservation of the whose I it is true will they say if there be any festred or corrupted member in the body that would destroy the whole we ought to cut it off rather then to suffer all the body to perish the Law of God and nature teacheth us thus much but in case the head should have any Gangreene in it and you cut that off you doe immediatly destroy the body the life can not be preserved when the Head is gone So in like manner the King he is the Head of the State and in that respect he hath such an influence upon the State that if you cut Him off you destroy the whole State together with Him as you destroy the body when you take away the head therof therfore be he never so wicked He is to be suffered and borne withall Answ This similitude or resemblance here doth not hold good therfore we must distinguish between a naturall head and a civill head for if the naturall head of the body of man be taken away the body dies but it is not so with the civill Head of the State as experience doth sufficiently shew by the death of Kings But if it were possible in the body of man when one head is taken away to find another to put in his place and so to preserve the life as it may be done in the State surely Heads would oftentimes be changed and cut off as well as other members So that if we will thus reason that the Head of the State should be in respect of His body as the head of man in respect of the body of man then it doth necessarily follow that the Head being dead the body should die also as is manifest in the body of man But it doth not hold so in the head of the State as it doth in the head of the body of man that if the head of the State be cut off the State dies as doth the body of man therfore the King who is the Head of the State if a corrupted and a festred Member that may indanger the destruction of the body of the State ought to be cut off for the preservation of the whole for Salus populi suprena lex nothing ought to be so much regarded as the Peoples safety which is the end of all Law and government whatsoever This similitude though it hold not good as it is above proposed yet it doth in the contrary that if a King by his wicked and Tyrannicall courses doth destroy his Kingdome he doth destroy himselfe as when the naturall body is destroyed the head of necessity must perish with it I but will some say this is strange Where in all the Scripture doe you find that the people have with Gods likeing and approbation so much as resisted their Kings how much lesse censured them or brought them to tryall or punishment for any actions that ever they have done For the first of these I Answer that Kings in their wicked and ungodly courses have bin resisted by their people the Spirit of God speaking by way of commendation of them for it or at least wise not disapproving the same This is evident by divers places of Scripture As first of all we have an example hereof in Ionathans case 1 Sam. 14 44. where because that lonathan had eaten a little Honey contrary to the Commandement of his Father Saul who was then King of Israel he would have put him to death thereupon the people stand up in his just defence against Saul his Father saying Shall Ionathan die who hath wrought this great salvation in Israel God forbid as the Lord lives there shall not one haire of his head fall to the ground for he hath wrought with God this day Then it followes the people rescued Ionathan that he died not Did they not think you resist Saul when the people rescued him out of his hand whether he would or no and contrary to the Oath that he had sworne Secondly we have the example of David in Keilah 1 Sam. 23.7 c. where David being at Keilah and Saul hearing of it thought he had got now his oportunity to take him that he might kill him as oftentimes he had before indeavoured but it so pleased God that this came to Davids eares that Saul secretly practised mischief against him to come and take away his life Hereupon David inquires of God First to know whether it were so or no as
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