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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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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