Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	king_n	lord_n	10,308	5	4.0925	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

King to accuse and punish him Groti de jure bell pac l. 1 cap. 4. The second is He may saith he be punished as a private man 4. Objec That place in Psal 105.14.15 is usually objected Touch not mine anointed This by Royallists is applied to Kings as a prohibition that no man touch them so as to hurt their Persons Answ 1. The words in the Prophet do not at all concern Kings but were spoken directly and immediatly of the Patriarks their wives families walking as strangers from Nation to Nation the which is evident by vers 6. by the whole serious of the Psalm which is historical some places of Genesis to which the words relate Gen. 12. 10. to 20. ch 20. 26. 1. to 29. and the general confession of all Expositors on the place The Cavalliers had in one of their Colours which was taken by the Scots at the battle of Marston July 2. Anno 1644. the Crown and the Prelates mitre painted with these words Nolite tangere Christos meos so that it seems the antichristian mitre claims here a share with the crown But 2. Admit this Scripture should be so meant which is not so yet nothing can be hence rightly gathered that Kings should be exempted from Arrests Imprisonments or Sentence of death it self For 1. If we take it spiritually for the internal oyl of the Spirit as this annointing is common to subjects as wel as Kings so it must follow necessarily that in their persons they are no more exempted from arraignment and capital censures than other men 2. Admit it be meant of an actual external Anointing yet that in it self affords Kings no greater priviledge than the inward unction of which it is a type neither can it priviledge them from the just corporal sentence of all kinds and this is manifest in Sihon Og Adonibezek Eglon Agag Joram Ahaziah Jehoaz and others who by Princes and subjects of another nation were apprehended and slain and justly as all grant without exception Besides Kings who are subordinate homagers and subjects to other Kings and Emperours though annointed may for treasons and rebellions against them be lawfully judged to death and executed as appears by sundry presidents in our own and forraign Histories Yea the Roman Greek and Germane Emperors have been Imprisoned Deposed and some of them judicially judged to death by their own Senates Parliaments and States for their oppression and tyranny So the ancient Kings of France Spain Arragon Brittain Hungarie Poland Denmark Bohemia India c. that justly notwithstanding any pretence of being anointed Soveraigns And it is by Grotius confessed Grot. de Jur. bel pac l. 1 cap. 4 That the People may punish the King to death for matters capital if so it be agreed on betwixt king and the people as in Lacedemonia 3. If the Scope and Sence of this Text be duly weighed it is so far from affording Kings any corporal immunities or exemption from punishment as it cleerly speaks the contrary For the words are not spoken of Kings but by God Himself spoken unto Kings that they should not touch his Spiritual anointed Saints men consecrated unto him by the oyl of the Spirit But you wil say What if they touch Gods anointed even spoil and murder them for his sake I answer The Law Gen. 9.6 excepteth none the dearest that nature knoweth are not excepted Who so sheddeth mans blood by man shall his blood be shed The Supream Court of Justice is here highly concerned Thus saith the Lord Because thou hast let go out of thy hand a man whom I appointed to utter destruction therefore thy life shall go for his life and thy people for his people 1 King 20.42 5. obiect Davids often sparing of Saul though in his hand is often object And Dr. Gauden in his late Letter to his Excellency saies You cannot be ignorant of Davids both consciencious and generous respect to Sauls safety and life whom he leaves to Gods justice by no usurpation of power successes or opportunities of revenge page 7. Ans 1. There is nothing from Davids carriage towards Saul in this particular but to bring it into a short account is thus Subjects ought not wilfully or purposely to murder or offer violence to the person of the King specially in their cold blood when he doth not actually assault them nor have a lawful power judiciously to proceed against him 2. But more particularly I answer The difference was but private and personal between Saul David David being Sauls private subject servant and son-in-law not publick between Saul and his Parliament or Kingdom Now many things are unlawful in private quarrels which are just and honourable in publick differences Saul intended no Arbitrary government nor to make Israel a conquered people nor yet to cut off all the godly under the pretence of hereticks and sectaries neither to destroy laws liberties and Parliaments nor came Saul against these Princes Elders and People who made him King only David's head would have made Saul lay down his arms 3. Howsoever some reasons may be given wherefore David spared Saul as 1. Being his father-in-law and lord too and so it would have been thought somewhat an unnaturall act in him and savoured too much of private revenge and ambition aspiring to the Crown before due time 2. By his lenity to convince Saul and reclaim him from his bloody pursuit and cleer his innocency to the world And lastly Manifest his dependance upon God and his special promise that he should enjoy the crown after Saul by divine appointment neverthelesse if these and other Scriptures be well perused Saul and David soldiers if not David himself conceived that David might with safe conscience have punished him as well as pittied him 1 Sam. 24.10.11 12.17.18 26.23.24 Expedient I confesse it was for the considerations mentioned to spare him but whether the thing in soro Dei and in it self altogether unlawful had he slain him specially after he had killed the Priests and destroyed both men and women children and sucklings in Nob 1 Sam. 22.18.19 I leave to the judicious Reader to think of 6. Objec That place 1 Sam 8.9 and ver 11. is much alleadged to prove both the absolute power of a King and the unlawfulnesse of resistance a Grot. de Jur. bel pac lib. 1. c. 4. n. 3. Hugo Grotius b Barcl cont mon l. 2. p. 64. Barclay c Arnis de fur 6. Mai. c. 1. n. 3. p. 157 158. Arnisaeus d Dr. Fern 3. p. Sect. 2. p. 10. Dr. Fern and others argue thus that by this place The People oppressed with the injuries of a tyrannous King have nothing left them but prayers and tears to God and will have us distinguish inter officium Regis potestatem between the Kings office and the Kings power and it cannot be ver 9.11 the custome and manner of the King but must be the

To the Right Honorable The COMMONS of ENGLAND And His Excellency the LORD FAIRFAX Lord General of all the Forces raised in ENGLAND by authority of Parliament And His General Councel of War IT is well spoken by Philip King of Macedon that the reproaches and injuries of the Athenian Orators should cause him to order his words and deeds so that themselves might be proved lyers Your good beginning promiseth the same to the whole Nation and we have great hopes now that such a further progres will be made in the work of a full Reformation as the righteous shall see it and rejoyce all iniquity shal stop her mouth Psal 107.42 For the mutinous tumult and noise which some men make in the City by reason of their loose tongues and pens to obstruct your good proceedings and to raise a new war and involve the people again in blood it is but a flash and the Lord will suddenly blast it Only it is worth your observing how your enemies in many particulars are like the adversaries of Nehemiah and the honest party with him When Sanballat Tobiah Geshem the Arabian and the rest perceived that all their former Malignant designs took no effect but the building went prosperously forward they drew over to them the Priests by bribery and flattery and by these mens speeches they thought to affright the Governor and bring that to passe which they could not do by other means Neh. 4.1.2,3.11.15 chap. 6.1,2,4,5,9,10,12,13,14 ch 13.28 29. This present conspiracy amongst the Prophets is a bringing up of the rear the last piece of the whole work As we see on a stage severall actors and every one playes his part yet all make but one Tragedy so the rising in Kent Essex Wales the revolting of the Ships the bringing in of the Scots the Personal Treaty and these Pulpit Incendiaries 't is all one plot howsoever acted by several persons and therefore I doubt not but as the Lord hath discovered the treachery of the one so he will the hypocrisie of the other and confound the whole building both first and last Moreover we cannot but take notise in and through what further difficulties and streights the Lord hath held you up and carried you on we are very senceable how some have left you in the work of whom we thought better things did think they would have been more faithfull and reall to their trust the truth and their own principles Aelian reports of Dionysius that he married two wives in one day the one followed him in his wars the other accompanied him only at his return Men are forward enough to come in when the fight is over to have a part and share in the spoil and fruit of the victory but what they deserve is to be considered of and this to be minded Ignavum fucos pecus a praesepibus arcent I have made the more hast to publish this First Part because I perceive not only Royalists and Cavileers accuse you of high injustice against the Person of the King and that the action hath been formerly carried forth meerly by power without Law reason or conscience But also the lawfulnesse of the thing is by some better minded and persons more honest doubted and are not cleerly satisfied therein And for these later I say specially for their sake I have taken in hand not your cause so much as the cause of the whole Nation and have not only given a satisfactory answer to whatsoever may be objected against the act but justified what hath been don by your authority in point of Law and conscience to all rational and indifferent men I confesse it yeelds to the soul but little peace when our actions have no other bottom or foundation but opportunities power advantages successe But when we know it is Gods work and we see it don in Gods way then the present opportunity power and succes is a manifest and infallible witnes that as the Lord owne the work so he will honor the workmen be their mighty protector And this I prove to be your case not that the action was just because you had opportunity and power to do it but being in it self just and you lawfully called thereto the power and opportunity which God gave you did manifest his approving your zeal justice Now the God of peace and the Lord of hosts be ever mightily present with you to counsel direct protect and prosper your endeavors that we may no longer talk of Subjects liberty and right things but know them and enjoy them we and our posterity and this being accomplished he that desires the Publick good resteth Yours to serve JOHN CAN. THE GOLDEN RULE Or Justice Advanced ALCON of Creet as a Dragon was embracing his son shot an arrow into the heart and hurt not the child but the Dragon died immediately Our State-Archers will now shew their skill and art if by Gods blessing on their labor tyranny and oppression may be taken away without prejudice or hurt to the Nation and for the better carrying on of so necessary and good a work I have undertaken to prove that when Princes become Dragons as the Scripture usually stileth great Tyrants Isa 27.1 Ezek 29.3 't is lawful for the supream and Soveraign power of the People to shoot at them and kill them likewise and whatsoever to the contrary is objected either from Scripture Law Reason or inconveniences I have fully answered and refuted 1. Objec First The Rebellion of Korah Dathan and Abiram is mentioned from which example some conclude that all opposition and resistance is unlawfull of the people against their King Ergo this kind of proceeding much more Answ This objection being impertinent I shall speak the lesse to it 1. Because a faithfull officer in the due execution of his office may not be opposed resisted punished will it follow that the unfaithfull and wicked must be left alone Moses was a lawful Magistrate and Aaron a true Minister of God faithfull and good men both and therefore to be obeyed but Kings becoming perjur'd tyrants are not so neither is there any Allegeance or obedience from the people due to them as we shall hereafter shew But 2. If this example be well considered it will sufficiently serve to justify so much as by me is here asserted and thus I prove it For any man or men causlesly to mutiny against the Supream Power of a Kingdom and most unnaturally and impiously invade mens Lives Liberties and Estates oppose Justice and seek to bring a whole Nation to utter desolation such lawfully may be resisted suppressed yea by the example of Korah c. put to death Now certain it is howsoever Kings ruling according to Law are publick Ministers of State neverthelesse degenerating into Tyrants and acting against Law they are in such a case no more then private men because whatsoever at first was confirmed upon them in respect of Office it did not in any sort make a

Althus Pol. c. 18. Calvin Instit l. 4. c. 20. Pareus in Rom. 13. Peter Mart. in lib. Judic c. 3. Joan Marianus de Rege lib. 1. c. 7. Marius Salamonius Lib. 1. de Principatu Hottaman de jure Antiq. Reg. Gallica l. 1. c. 22. Danaeus Polit. Christ l. 3. c. 6. Buchanan de Jure Regni apud Scotos 2. The King is under Law and punishable by Law as we shal manifest more fully hereafter It is the Law Imp l. 4 dignavox C de leg tit Quod quisque Juris in alium statuit eodem et ipse utatur What a man of right enacteth for another the same he himself should do If otherwise proving a Tyrant he may saith Bartol In tractat de Tyran in tract de re Ci. Jun. Bru vind con tyr l 3. be justly deposed by his superiour or according to the Julian law by force of the whol Common-wealth most deservedly punished I will end this point with the words of Junius Brutus A Tyrant saith he is more outragiously wicked than any thief high-way-robber murderer or sacrilegious person and therefore deserves a far greater heavier and severer punishment 7 obiect I find some to frame their objection thus None of the Prophets in the old Testament reprehending the Kings of Israel and Judah for their grosse Idolatry cruelty and oppression did call upon the great Councel of State to convent censure put their Kings to death upon any of these grounds therefore to put them to death is unlawful Answ 1. It is a great Non-consequence Aristoteles aut Plato hoc non dixerunt hoc Ergo ita se non habet Fra Bur●… Instit L● l. 1. c. 18. This duty is not practised by any example out of the Prophets in Gods word Ergo It is no duty Practice in Scripture is a narrow rule of faith shew a practice when a husband stoned his wife because she enticed him to follow strange gods Yet it is commanded Deut. 13.6 when a man lying with a beast was put to death Yet it is a law Exod. 22.19 so many other laws the practice of which we find not in Scripture But 2. Seeing none of the Prophets did forbid the thing or dehorted the people from proceeding this way therefore it was lawful and the people freely might have done it if they had been zealous of the law and had a heart to it And to make this cleer take notice what the Law saith Levit. 19.35,36 Deut. 25,13 Ye shall do no unrighteousness in judgement in meteyard in weight or in measure just ballances just weights c. Thou shalt not have in thy bag divers weights a great and a small These ordinances taught men justice Ye shall not respect persons in judgment ye shall not be afraid of the face of man deu 1.17 so that whosoever was a murderer an adulterer a witch a Sodomite c. he was to be put to death And questionless had the Lord intended that some namely Kings howbeit murderers adulterers witches should be exempted from the punishment of such laws as being no power or Court on earth to reach them it would have been some where set down And therefore whereas it is objected that the Prophets speak no where of putting their Idolaters wicked Kings to death the truth is it needed not neither was there any reason for it for it was never questioned in the Prophets times whether Kings might be put to death if they did such things as by the law was death 3. Not only is it evident by the History of the Kings and Chronicles in sundry places 2 Kin. 21.11.12 23.26 24.3 Jer. 15.1,2,3.4 that God did punish the people for the wickedness of their Kings but likewise the Prophets have threatned so much the which thing surely God in justice would not have done neither the Prophets so have spoken had not the people power to have removed them and put them to death for their capital crimes according to the Law 4. When the Prophets exhorted the People to repent and to execute justice and judgment and to deliver him that was spoiled out of the hands of the oppressor Jer 7.5 21.12 22,3 Here they did call upon the great Councel of State to punish their tyrannous murderous and idolatrous Kings with death according to the law for otherwise how could the people truly repent or have answered what the Prophets exhorted them unto in point of justice 5. That tyrannous Princes not only by command of Gods Prophets but of God himself and by his special approbation have been put to death by their subjects 't is apparent in Scripture thus Nadab by Baasha Elah by Zimry Jehu by Gods own appointment puts to death Joram and Ahaziah Kings of Israel and Judah And say that it was extraordinary to Jehu that he should kill Joram yet there was an expresse law for it that he that stirreth up others to idolatry should die the death Deut. 13.6 And mark what Mr. Rutherfurd writes in this very point Preem Elect qu 34. p. 364 THERE IS NO EXCEPTION OF KING or Father in the Law For to except Father or mother in Gods matters is expresly against the zeal of God Deut. 33.9 8 obiect That passage in Psal 51.4 is much taken hold of where King David confessing his sin of adultery and murder to God useth this expression against thee thee only have I sinned and don this evill in thy sight Sac. Mai. p. 148. de author prin c. 4. num 5. p. 73 Hence Maxwell Arnisaeus and others conclude That the King is above all Law and all earthly Tribunals accountable to none for his actions but to God and that there was not any on earth who might punish David I have somewhere read how Calisthenes Lucullus servant gave his Master poyson not of any evill intent but supposing the poyson had power to make his Master love him the more but it put him out of his wits and kill'd him Fawning Sycophants and Court-flatterers have usually thus served Kings and Princes in hope of more love and greater preferment from them have powerd into them the venemous doctrine of absolute Monarchs Arbitrary power to be responsable to none but God only for what they do by which means they have grown mad Tyrants and afterwards cut off by some visible and sensible stroke of justice But to the objection I answer 1. It is most certain that David by his adultery and murder being sins against the second table did sin not only against God but against Vriah his wife children and kindred and against his own soul And this must needs be so for otherwise 1. The King because a King is free not only from all punishing Laws of men but from the duties of the second Table simply and so a King cannot be under the best and largest half of the law Thou shalt love thy neighbour as thy self 2. He shall not need to say forgive

of God and men therefore not within the limits of this text and therefore to be resisted and the Person punishable 4. Howsoever the lawfull power of Princes be of God yet the tyranny it self and abuse of this power is of Satan and therefore though the power it self which is good and profitable be to be honored and continued yet the tyrant justly may be condemned to death as not within the compasse of this text 13. Obje And thus much for the first sort of Objections we come now to the rest Kings some say are in dignity and power above tho people their persons sacred not criminal or obnoxious to any tribunal but that of God King Theodor. in Cassidore speaking of himself Cassi var. l. 6 var. 4. hac sola ratione discreti quod alteri subdi non possimus qui Judices non habemus In this respect we are distinguished from others that we cannot be subject to another who have no Judges over us Impune quidvis facere id est Regem esse I have read in Plutarch that Alexander Magnus published he was the son of Jupiter Hammon yet when he saw the humor running down from his wounds was constrained to say this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the blood of man not of God and smelling the stench of his own flesh asked his flatterers if the gods yeelded such a stench Princes specially of late have deem'd themselves to be None-such and altogether unlike other men but when they shall see themselves as prisoners stand at the bar and justice don upon them they will think otherwise of their condition I know what the common saying is Quidquid delirant Reges plectuntur Achivi What fault soever Kings commit The subject must be hang'd for it A practice against Scripture reason and conscience It is no Law grounded upon any divine principle That the King doth no wrong only his wicked Councellers and bad instruments must be punished but he not the Lord saith the soul that sinneth it shall dy and in all ages hath punished the author of sin and persons commanding such and such wickednesse more severely and extreamly then the agent who acted by the others warrant commission and authority We see dayly the mother punished for her whordom yet the bastard spared but that the bastard should suffer and the mother escape it is such a thing as I think was never heard of Now touching the objection I answer 1. Simply absolutely the people are above and more excellent then the King and the King in dignity inferior to the people and the whole Kingdom and this I prove 2 Sam. 19.9 Psa 78.70.71 1 Sa. 10,1 Ro. 13.4 1. Because he is the mean ordained for the people as for the end that he may save them a publick shepheard to feed them the captain and leader of the Lords inheritance to defend them the Minister of God for their good 2. The pilot is lesse then the whole passengers the General lesse then the whole Army the physitian lesse then all the living men whose health he careth for the Master or Teacher lesse then all the Schollers because the part is lesse then the whole The King is but a part or member of the Kingdom 3. Those who are given of God as gifts for the preservation of the people to be nursing-Fathers to them those must be of lesse worth before God then those to whom they are given for the gift as a gift is lesse then the party on whom the gift is bestowed But the King is a gift for the good and welfare of the people as is manifest Esa 1.26 4. People though mortal in the individuals yet in the species cannot dye Ecc. 1.4 but the King as King may and doth die and therefore more excellent then that which is accidental temporary and mortal 5. The people are before the King and may be without the King and therefore must be of more worth then that which is posterior and cannot be a King without them 2. The people in power are superior to the King and that upon these reasons 1. Because every efficient and constituent cause is more excellent then the effect every mean is inferior in power to the end But the people are the efficient cause the King is the effect Isa 3.7 the people are the end both intended of God to save the people to be a healer and physitian to them 2. Common reason Law and experience manifests that the whole or greatest part in all politick or natural bodies is of greater power and jurisdiction then any one particular member Thus in all corporations the Court of Aldermen and Common-Councel is of greater power then the Major alone though the chief officer so the whole Bench then the Lord chief Justice and the whole Councel then the President And it is Aristotle's expresse determination Pol lib. 1 C. 2. l. 3. c. 8. Majorum rerum potest as jure populo tribuitur The King as we sayd just now is but a part or member though I grant a very noble and eminent member of the Common-wealth 3. The Soveraign Power to make Laws and so a power eminent in their states representative to govern themselves is in the people Ergo 4. Those who can limit power and bind royal power in elected Kings they in power are superior to Kings Peter speaking of Kings and their Supremacy cals them a creature or humane ordinance because it took its originall and rise from men and can be bound limitted or restrained as they see occasion 1 Pe 2.13 Coverrunias a great Lawyer saith Cover Tom. 2. pra quest c. 1. n. 2. 3. That all civil power is penes remp in the hands of the Common-wealth and it is a received principle That Soveraign Power eminently fontaliter originally and radically is in the people But it is objected The people have made over their right and whole power to the King all is freely given up into his hands and so may not retract or take back what they have once given Answ 1. It is a thing neither probable nor credible that any free people when they voluntarily incorporated themselves into Kingdoms and of their own accord set up an elective King over them that there was such a stupidity and madnesse in them as absolutely to make away their whole power to the King and his heirs for ever and to give him an entire full and incontroulable Supremacy over them and so to make the Creature superior to the Creator the derivative greater then the primative the servant more potent than themselves and so of free-men to make themselves slaves and for their more safety to be more enslav'd 2. People cannot by the Law of nature resign up their soveraign and popular power authority and right into the hand of a King for neither God nor natures Law hath given them any such power 3. He who constituteth himself a slave is supposed to