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A95510 The resolver, or, A short vvord, to the large question of the times. Concerning the Parliament: and confirming the proceedings about the King. Being, a letter written to a deare friend, tending to satisfie him. At least, to shew the authour rationall, in approving the proceedings of the Army. / Imprimatur Gilbert Mabbot. N. T. 1649 (1649) Wing T40; Thomason E527_10; ESTC R205667 7,749 8

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that the Peeres and Powers of State who are as it were the compendium saith he of the Common-weale as indeed our Parliament is that they give judgement by publike authoritie conserning the Kings government and that they ought to remove that Tyrant yet so as that they accommodate the assistance of the people I might adde to these reasons of his but I forbeare Now as to the third thing viz. For what end or why a Tyrant is or may thus be resisted This he gives shortly thus That so the Common-weale may be secured and the Tyrant himselfe if it may be by any meanes may be brought to be fruitfull i.e. by repentance To the last particular How long this is to last or continue He saith Till hee that is the Tyrant amend But if no hope thereof appeare so long as the safety of the Kingdome will permit Object But if the Peeres or Powers of State saith the same Author further him i.e. the Tyrant-King and nourish his Tyranny What may or shall the people doe Answ For a good time or a long time they must forbeare or be quiet Till patience it selfe often and long abused turne into impatiencie Thus that light of Germany Transilvania yea of Europe as a fire and no flattering Pen stiles Alstedius Quest But you will say in all this here is no mention of putting Kings to death Answ True None directly But I presume you are so rationall as not to deny it consequentially Certainely the same grounds urged for deposing c. of Kings will also hold their putting them to death where justice and necessity call for it The security of a Kingdome is to be prized above the security of a King And when it cannot be otherwise better one man dye by the Sword of Justice then many yea a Kingdome bleed by the Sword of Tyranny But what Instances can be given will you say It s good acting by a President I Reply T is lawfull without Suppose some Instances could not be given must therefore the thing be unlawfull Surely non sequitur If some Kings formerly were so good as not to deserve it or some People so weak as not to inflict it Shall not others be so wise as to punish when their Kings shall be so wicked as to deserve it But we need not runne to this short yet sure refuge I could give Instances enough to cleare this That If Kings deserve States may inflict death upon them Thryninius the proud was dethroned his goods confiscated and certainly saith Livie had he been taken for he fled should have been otherwise punished If you say his crimes were above Charles Stuarts I think when you have read Livie you will say they were lesse For he saith He was guilty of not hearkning to the advice of the Senate That he made Warre of his owe head as the King did against the Scots and that against the consent and counsell of the Parliament That he violated the Lawes c. The Histories of the Athenian and Lacedemonian Common-weales are plentifull in this kinde Q. But they are Heathen A. What then Had not they Justice And shall not Christians rather goe before then not follow them therein But our English Histories tell you of Edward the 2d John and others that were dethroned by Parliament I am in haste therefore I shall onely referre you to Buchanan and if have not time to read him Any of the Scots and you know some will tell you of Kings enough which their Kingdom hath tried and proceeded against Q. But here 's no Scripture-Justice you will say A. True It needs not The The Law of Nature and Nations in these cases will suffice Jus politicum is enough in Politcks Why should any especially who content themselves with yea and contend that jus humanum may suffice in Church-affaires why I say should these require jus divinum in Civills yet is not the Scripture alltogether silent For there we read of Amaziah king of Judah put to death by his Subjects with a generall consent the Spirit of the Lord not mentioning as he doth in other things the least disallowance thereof 2 Chron. 25.27 I confesse I finde not the cause fully expressed But in the Hebrew notes of Rabbi Solomon Jarchi I finde this That the heart of every man was grieved for his sons for his brethren and kinsmen which were slain by his meanes in warre against Josias king of Israel Note this was but for a rash warre waged against another King to the slaughter of his Subjects what then shall be done to him that hath waged a long bloody warre against his Subject Sed manam de tabulam I have almost done you know he was no Independant so nick-named who said Fiat justitia ruat Mundus Better certainly expose the Kingdom to an other shaking by War through the execution of justice then expose it to a three years famine president whereof we have 2 Sam. 21. for not punishing a bloody house Surely the blood of the English is as deare to God as the blood of the Gibeonites and the house of Stewards as bloody as the house of Saul I have thus hastily scribled this paper if not to your satisfaction yet at least to my owne And I hope by this you will see that I am more rationall then cast in that approbation which I gave to the Armies Remonstrance For a close I protest that I am perswaded that the things now agitated are of the Lord Therefore it is that I approve them And humbly advise you not to oppose them least you be found Tiomachan To fight against him ignorantly whom I hope you love sincerely viz. the God of love and also of Justice It s easie to doe that in an houre which we cannot undoe in a yeare After-wit indeed is bought and accounted best but you know it costs deare I beleeve some repents of the last Summers rashnesse and will doe whils they live But this not in Kent for since old and good Sir Anthony is dead the Committee hath lost its life And some of them act as if they made little account of their Soules Godfrey of Bulloigne is not amongst them There is one indeed of that name But alas he read The Armies Remonstrance wondred at it Cryed it up And then sate down againe and is now c. a Jacobine Proselite As touching your feare of an inundation of Errours and a devastation of the Ministry and Learning You know that I hate Errors as much as you and I confesse tho I feare them for they are evill yet I hope the Weapon of our Warfare being Spivituall will also be mighty And as to Learning and the Ministery you know I have cause to love them And I must confesse I am so far from fearing any evill to befall them That I expect I have reason to hope their advancement But to end It s a fitting season Rotten leaves and branches too fall apace Be not you high minded but feare The day is surely dawned in which the loftinesse of man shall be bowed downe and the haughtinesse of men shall be made low and the Lord alone shall be exalted in this day It s my advise to you and indeard for my selfe to provide a ransome from Divine Justice hereafter rather then to hinder or speak against the executing of humane justice here At the great day Christ will not distinguish between Kings and Clownes Princes at his bar will be proceeded against according to their desarts Indeed t is true the World counts them and the Word calls them Gods But it saith also that they must die at best as men And for my part if they deserve it I think it all reason they should dye as Mallefactors When Kings fall from their goodnesse they lose their Diety And when they fight against their Subjects and break their oathes they forfeit their Kingship If Charles Steward have done evill and deserve it in Gods name and the Kingdomes Peace let him die I shall pray that free grace may save his soule when Justice shall destroy his body I am Sir Your friend and servant N. T. Jan. 1. 1648. FINIS
Pilots and not permit them to go abroad that morning when they intended to do as they designed and detain them safely till they had given an accompt hereof to the Marchants and owners would or could any man say the men of Warre or Seamen did more then upon this necessitie they were bound to do I know you are quick and can apply The allegory of a Ship is platonick And what the Members were about to vote that morning when they were seized is not Apocriphall This to the first of the scruples As touching the other that consernes the quondam King Reserving my large thoughts till a fitter opportunity at present I shall only offer briefly as followes First No King is ex Lex i.e. either without or above the Law Indeed some have said the King could not sin I am sure 't is false Divinity and fained Law why Kings should have a Prerogative to do evill without controwle or tryall is above my thoughts to conceive and against reason to conclude 'T was Court Divinity that the King was responcible to God only but this Divinity of the Court is not currant Secondly The Armies Charge is no more then what this very Parliament and some of the Apostate Members long since have taught them and the Kingdom to make Thirdly Kings when faulty may be dealt withall some have thought and that rationally that the Kingdom of Judah was carryed captive for their Kings cruelty and the reason they give is because the people did not resist their King Certain if it were a fault in them not to resist it can not be injustice in us to question a King I shall at this time only acquaint you with what I find in Alstedius a great and sedulous Reader and a man impartiall and unbyassed He in his Enciclopedia in the 23. book pag. 1427. layes down this conclusion All and every Subject may resist a Tyrant Upon this he comments thus Concerning this conclusion it hath been anxiously disputed both by Divines and Politicians For things he saith have in this businesse bin inquired after which he thus sets down 1. Who is a Tyrant 2. Who may resist him 3. Why and wherefore 4. How long As to the first and second he saith thus A Tyrant is one who either wants or hath a title He is a Tyrant without a title who usurpes or invades either openly or clandestinely a Common-wealth which is not his by the just title either of election or succession And concerning this there is no doubt but its lawfull for any one even a private person to put him to death c. But a tyrant with a title who also is called free-born is one who by publique authority either of election or succession hath obtained Imperiall power but doth abuse it The notes signes and Characters of such a one are Partly generall as to violate the fundamentall Lawes of a Common-wealth to be an injury to his Subjects to abuse the rights of Majesty to do what in him lyes to overthrow the state of the Common-wealth More special markes are to convert the treasury of the Common-wealth either to his own private use or to the detriment of the publique to wast diminish or alienate the goods of the Kingdom to take away the Estate of the Subject and exhaust them either by force or fraud to wage war to the undoing of the Subject c. And so he goes on reckoning up the signes of a Tyrant and amongst others I forbear all being in hast he reckons up the prohibition or hinderance of much more certainly the warring against Parliaments or conjunctions of state Now concerning such a one saith he we do judge thus That if he have been often admonished and do not repent alas we know of admonition but who knowes of repentance if he reine the Common-wealth if he make a prey of all i.e. if he persist to attempt it if he break his Oath as certainly the man you wot of hath if he hastily oppose godlinesse He is to be dethroned by the Ephori i.e. which is the Parl. who gave or committed the regall power unto him But if this cannot conveniently be done he is to be suppressed by Armes as an enemy to the Country or Kingdom Now the most weighty of those reasons which are urged to maintain this opinion are these as he thus recites there 1. Subjects are obliged to Princes but conditionally viz. whiles they governe iustly For a Prince is constitued by the people through their Heads or Presentatives to be a Father Preserver Protector Defender and Shepherd of the Subjects By the same he is or may be exauthorized or Dethroned and suppressed by force when he is a Destroyer Oppressor and wicked Ruler And so is a Lyon a Beare a Woolfe or Vulture He is an evill Pilote who doth make a hole in the Ship i.e. the Common wealth in which he lives and as much as in him lies destroyes and overthrowes the universall Society over which he is in that he overthowes the fundamentall Rights and Lawes as well of Ecclesiasticall as of Civill Power The Subjects therefore are obliged to the Prince so farre as he governes the Common-wealth aright Now the obligation ceaseth when the condition thereof faileth 2. Princes doe constitute aright or power of resisting themselves because either tacitely or expressely they give consent to that condition that the States or Peeres of the Kingdome should rise up against them if they doe otherwise then right or as they ought 3. A Prince acting against the agreements and fundamentalls of a Kingdome and thereby losing that otherwise inviolable Majesty Becomes upon this a private person to resist whom is generally allowed of by all 4. The constitution of a King doth not take away that lawfull defence against force and injury which the Law of Nature doth grant to any especially to a people who would punish a Prince that is a notorious Tyrant 5. The Civill Lawes which my friend were Imperiall and are still in great force in forreigne parts doe confirme this opinion while they delare thus We are not to obey a Prince ruling either above the limits of the power intrusted him or beyond their power committed to him For the Common-weale by constituting a King doth not rob or deprive it selfe of the power of its owne preservation and give it to him Examples of such as have resisted the chiefe Magistrate occurre 1 King 1.2 Where the 10 Tribes revolt from Rehoboam 2 Chron. 26. Where the high Priest resisteth King Vssiah 2 King 11. Where the high Priest Jehojada gave command for the putting of Queene Athalia to death c. But he adds farre be it from us to say that it is lawfull for every or any private person to put a Tyrant to death So the windowes yea the gates would be wide open to the Man-slaughter and Murder of all Kings c. But forasmuch as a Tyrant is therefore resisted that the publike safety may remaine secure it followes therefore