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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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change upon their persons neither set them at any distance touching subjection to the Law either active or passive more then they were before their personal estate was the same still as before neither are they exempted from corporall punishment if they break the Law more then any other men 2. objec It is further objected Exod. 22.28 Thou shalt not revile the gods nor curse the Ruler of thy people Again Ecc. 10.20 Curse not the King no not in thy thoughts and curse not the rich in thy bed-chamber If Kings may not be curs'd much less put to death by their Subjects Answ 1. The first text is not properly meant of Kings but pertains rather to Judges and other sort of Rulers and so the Jew Doctors understand the place 2. Solomon well explains the place Prov. 17.26 It is not good to strike Princes for equity that is evil speaking of Magistrates for well doing is a wicked and vile thing Hier. in hunc ver ● 3. The other text by some is applyed unto Christ the King of his Church But take it literally because Kings may not be curs'd which is prohibited under pain of condemnation will it therefore follow that Kings may be theeves murderers traytors tyrants and commit any wickednesse and not be cal'd to an account by such who are above them and have a lawfull Power in their hands to punish them 4. The place comprehends Rich-men as well as Kings and therefore it may be as well concluded from it that no man if rich may be punished for any crime or fault whatsoever 5. Both these if rightly applyed are altogether for us for whosoever whether King or Prince shall curse and revile the Supream and Soveraign State of the Land and that for well doing as call them Rebels and Traytors and violently seek to destroy them he absolutely violateth this Law Thou shalt not revile the gods It is true there is here no punishment set down for him that should thus rail But seeing as one writes on the place Willet Qu. 57. he that railed on his father and mother was to die for it Exod. 21.17 much more worthy of death was he which should curse the fathers of the Countrey 3. objec I counsell thee to keep the Kings commandment and that in regard of the oath of God Be not hasty to go out of his sight stand not in an evill thing for he doth whatsoever pleaseth him Where the word of a King is there is power and who may say to him What dost thou Ecc. 8.2,3,4 Hence the Royallists argue If the word of a King must stand and his power not to be resisted how can his Subjects lawfully touch his Person Answ 1. To keep the Kings commandment must be understood of things just and lawfull otherwise as the Apostle saith We must obey God rather than man It is well laid down by Philo Philo de vita Mosis Regis officium est jubere quae oportet fieri vetare a quibus abstinere debet caeterum jussie faciendorum interdictio cavendoru m proprie ad Legem pertinet Atque ita consequitur ut Rex animata sit Lex vero sit Rex justissimus The office of a King is to command those things which ought to be don and to forbid those things which ought to be avoyded But the command of things to be don and the forbidding of things not to be don properly belongeth to the Law And so it followeth that a King is a living Law and the Law is a most just King 2. The oath of God here is the oath which is taken in the name of God and whereof God is made a witnesse The meaning is the King is so to be obeyed as that God is not to be disobeyed and that the oath made to the King is so to be kept as that the oath made to God be not broken Hence Tremellius reads it sed pro ratione juramenti Dei but with regard to the oath of God shewing that Subjects are by their Allegeance and Covenant no further obliged to observe the Laws of earthly Princes then are agreeable to Gods commandments 3. Whereas it is said He doth whatsoever pleaseth him this must be understood only of a good King and just cōmands as if it were supplyed with whatsoever pleaseth God not licet si libet as if all were lawfull whatsoever a King should do but the genuine sence of the place is stand not in an evill matter for the King hath power to do whatsoever he pleaseth in way of justice to punish thee if thou continue obstinate in evil courses to forgive thee if thou confesse submit and crave pardon of him for the same 4. Who may say to him what dost thou that is reprove or censure him for doing justly as Job expounds it Chap. 34 18. and so must the place be understood to wit that no man may presume to question the Kings just actions warranted by the Law of God and men but otherwise Kings may and are to be reprehended as we have sundry examples for it in Elias reproving Ahab Elisha Jehoram Nathan David John Baptist Herod 1 Sam. 13.13 2 King 3.14 Jer. 1● 28. chap. 22.3 Ho. 5.1.2 Yea not only so but to be resisted withstood and opposed in their unrighteous courses Hence Augustine and Ambrose do affirm Augu. in Psal 82. Amb. in Offic. when Herod and Pilate condemned Christ and caused him to be put to death howsoever the people lamented it were sorry for him and sorely bewail'd his death yet were they all punished and why so because when they were able and might have taken him out of the hands of unjust and wicked Magistrates and so preserv'd his life they did it not in this regard they wrapt themselvs in the same guilt of blood and became murderers of him But lastly This text intends only private men not a Parliament the supreamest Judicatory and Soveraign power in the Kingdom for in this High Court the Kings Person is no other than another subject I say it again to this Court He personally stands as a single man to be questioned censured punished as the Crime and Cause shall be And in truth here lies the stone at which many have stumbled much like to that long controversie between us and the Church of Rome about Petros and Petra Peter and the Rock We distinguish them taking the person of Peter to be one thing his faith or Christ another Whereas the Papists will allow of no such distinction So the Title and Office of a King is one thing the Person another and howsoever the former comes not into question yet the latter may But many by mixing and confounding things together which should be severed and distinguished apprehend not how the Person of the King and not the Title and Office of a King can be questioned censured and punished Hugo Grotius putting down seven cases in which the people may have most real action against the