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A56211 The soveraigne povver of parliaments and kingdomes divided into foure partsĀ· Together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the Protestant religion demonstrated; and all materiall objections, calumnies, of the King, his counsell, royallists, malignants, delinquents, papists, against the present Parliaments proceedings, (pretended to be exceeding derogatory to the Kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. By William Prynne, utter-barrester, of Lincolnes Inne. It is on this second day of August, 1643. ordered ... that this booke ... be printed by Michael Sparke ...; Soveraigne power of parliaments and kingdomes Prynne, William, 1600-1669. 1643 (1643) Wing P4087A; ESTC R203193 824,021 610

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subsequently seconded therewith after a possession got by force or conquest Now that the kings personall presence cannot justifie the unjust actions or protect the persons of those that assist him in any unlawfull action contrary to the Lawes of God or the Realme is a truth so evident that it needes no proofe it being no part of the kings Royall prerogative or Office but diametrally repugnant to it either to doe injury himselfe or to authorize or protect others in committing it as I have elsewhere proved at large Therefore it can administer no patronage nor defence at all to those who accompany his person in the unjust invasions of his Subjects nor dis-able them to defend or repulse their unjust assaults and rapines For suppose a King should so farre degenerate and dishonour himselfe as personally to accompany a packe of theeves who should rob his subjects on the high way break up their houses in the night or practise Piracie on the Sea or commit Rapes or murthers on his people every where I thinke no man so voyd of Reason Law Conscience but would readily grant that the Subjects in all these cases might lawfully defend themselves by force against these Robbers Theeves Murtherers notwithstanding the Kings presence or association with them whose personall Prerogatives and immunity from assaults or violence being incommunicable underivable to any other and peculiar to himself alone he can transferre no such protection to others who accompany him in their injurious practises and that these Acts of theirs are direct fellonie and murther for which they might be justly apprehended condemned executed though thus countenanced by the Kings owne presence And if this be truth as our Law-bookes resolve and the Scripture to in places forecited the kings presence can no more deprive the subjects of their necessary just defence against his Popish Forces assaults nor justifie their proceedings or the present unjust offensive warre then in the former cases there being the selfe-same reason in both warres being in truth but greater and more detestable Murders and Robberies when they are unjust as Cyprian Augustine with others rightly define Thirdly personall un●ust assaults and violence even of Kings themselves may in some cases lawfully be resisted by subjects This Doctor Ferne himselfe acknowledgeth Sect. 2. p. 9. Personall defence is lawfull against the sudden much more then against the premeditated and illegall assaults of such Messengers of the King yea OF THE PRINCE HIMSELFE THVS FARRE to ward his blowes to hold his hands and the like not to endanger his person not to returne blowes no for though it be naturall to defend ● mans selfe yet the whole common-wealth is concerned in his person the king therefore himselfe much more in his Cavalliers may thus farre at least safely be resisted in point of conscience And that he may be so indeed is manifest by two pregnant Scripture examples The first is that of King Saul 1 Sam 14. 38. to 46. where Ionathan and his Armour-bearer routing the Philistimes whole Army violated his Father Sauls command of which he was wholy ignorant in taking a little honey one the end of his sticke in the pursuite hereupon king Saul most rashly and unjustly vowed twice one after another to put him to death whereupon the people much discontented with this injustice were so farre from submitting to the Kings pleasure in it that they presently said to the king shall Ionathan dye who hath wrought so great Salvation in Israel God forbid As the Lord liveth there shall not one haire of his head fall to the ground So the people RESCVED IONATHAN that he dyed not though he were not onely King Sauls Subject but Sonne too Indeede it appeares not in the Text that Saul offered any violence to Ionathans person or the people to Sauls and it may be the peoples peremptory vow and unanimous resolution to defend Ionathan from this unjust sentence of death against him made Saul desist from his vowed bloody intendment but the word rescued with other circumstances in the story seeme to intimate that Ionathan was in hold to be put to death and that the people forcibly rescued him out of the executioners hands However certainely their vow and speeches declare that if Saul himselfe or any other by his command had assaulted Ionathan to take away his life they would have forcibly resi●ted them and preserved his life though with losse of their owne beleeving they might lawfully doe it else they would not have made this resolute vow nor could they have performed it had Saul wilfully proceeded but by a forcible rescue and resistance of his personall violence The other is that of king Vzziah 2 Chron. 27. 1● to 22. who presumptuously going into the Temple against Gods Law to burne incense on the Altar Azariah the high Priest and with him fourescore Priests of the Lord that were valiant men went in after him and WITHS●OOD or resisted Vzziah the king and said unto him It appertaineth not unto thee Vzziah to burne incense unto the Lord but to the Priests the sonnes of Aaron that are consecrat●d to burne 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 censor in his hand to burne incense and whiles he was wroth with the Priests the Leprosie rose up in his forehead And Azariah and all the Priests looked upon him and behold he was Leprous in his forehead AND THEY THRVST HIM OVT FROM THENCE yea himselfe hasted also to goe out because the Lord had smitten him If then these Priests thus actually resisted king Vzziah in this sinfull Act thrusting him perforce out of the Temple when he would but offer incense much more might they would they have done it had he violently assaulted their persons If any king shall unjustly assault the persons of any private Subjects men or women to violate their lives or chastities over which they have no power I make no doubt that they may and ought to bee resisted repulsed even in point of conscience but not slaine though many kings have lost their lives upon such occasions as Rodoaldus the 8. king of Lumbardy Anno 659. being taken in the very act of adultery by the adulteresses husband was slaine by him without delay and how kings attempting to murther private Subjects unjustly have themselves beene sometimes wounded and casually slaine is so rise in stories that I shall forbeare examples concluding this with the words of t Iosephus who expressely writes That the king of the Israelites by Gods expresse Law Deut. 17. was to doe nothing without the consent of the high Priest and Senate nor to multiply money and horses over much which might easily make him a contemner of the Lawes and if he addicted himselfe to these things more than was fitting HE WAS TO BE RESISTED least he became more powerfull then was expedient for their affaires To these