Selected quad for the lemma: england_n
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A60479
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Salmasius his buckler, or, A royal apology for King Charles the martyr dedicated to Charles the Second, King of Great Brittain.
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Bonde, Cimelgus.
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1662
(1662)
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Wing S411; ESTC R40633
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209,944
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452
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but it was fifty or sixty rotten tainted Members of the lower House small in number but great in transgression So may the Tayl nay a piece of the Tayl destroy the whole body and reign sole Lord Paramount Oh what multitudes of impieties can the wicked accomplish in an instant Seneca Nullum ad nocendum tempus angustum est malis In no longer space than betwixt the Father and the Son did these Horse-Leaches subvert our fundamental Government destroy King and Kingdom Parliament and People and all our Laws and Religion so that the question is not whether the Parliament be above the King but whether a little company of great Traytors and Usurpers the Dregs and Lees of all Tyranny be above both King and Parliament For the Parliament as you see by the joyfull recognition made to King James c. enacted and most humbly acknowledged the King to be above both Parliament and People and the Crown to be hereditary to the King and his Royal Progeny but these men and only these who by violence make themselves above both King and Parliament defending their persons from the Justice of the Law with Armed Red-Coats and the greatness of their villanies These are they who deny it though the Laws of the Realm and all Histories and all Kingdoms teach them otherwise God calleth himself a King in several places of the Scripture to note and signifie his Soveraignity which surely he would not do was the King the Peoples vassal or under Officer as the Bedlam franticks of our age feign Thou art my King O God saith David Command delâ—verance for Jacob. The King and the Power to command are Individua He is a Clout no King which cannot command And who should be under his command What The People taken particularly and distributively as single men and not collectively as the whole Kingdom according to the fanatick opinion of our Lunaticks Why is he not then called King of single men If he be King of a Kingdom then all the People jointly or severally in his Kingdom are under his command and if under his command then he only hath power to give them Laws be they in one collective body as in Parliament at the Kings house or simple bodies at their private dwellings Le Roy fait les leix avec le Consent du Seigneurs et Communs et non pas les Seigneuns et Communs avec le consent du Roy is the voice of the Common Law The King makes Laws in Parliament with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King Virg. 7 Eneid Hoc Priami gestamen erat cum jura vocatis More daret Populis And 5 Eneid Gaudet regno Trojanus Arestes Indicitque forum patribus dat jura vocatis The Lords and Commons have power only to propound and advise it is only the Kings Le roy le veult which makes the Law their propositions and advice signifie nothing if the King saith Le Roy se avisera They have not power to grant him any subsidies untill the King saith Le Roy remercieses loyaulx et ainsi le veult Therefore much less the Soveraignity It would be strange if the assembling of the Subjects together should make them Masters over the King who gave them power to assemble and hath power to turn them home again when he pleaseth Legum ac edictorum probatio aut publicatio quae in curia vel Senatu fieri solet non arguit imperii majestatem in Senatu vel curia inesse saith Bodin de Rep. li. 1. ca. 8. The publishing and approbation of Laws and Edicts which is made ordinarily in the Court of Parliament proves not the Majesty of the State to be in the said Court or Parliament It is the Kings Scepter which giveth force to the Law and we have no Law but what is his Will The King surely would never call his Subjects to bind him with Laws against his will much lesse to take his Dominion from him and make himself a Vassal and Officer to his two Houses or either of them who were not capable themselves of any Office without his Gift and Licence The Kings of England have called many Parliaments yet the Government hath alwayes continued Monarchical and the King not under but above the people inferior only to God even Forein Polititians will tell you so Let famous Bodin who tanketh our Kings amongst the absolute Monarchs speak for all lib. 1. cap. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero Majestatis imperji summam in unius Principis arbitrio versari The States saith he of England have a kind of authority but all the rights of Soveraignty and command in chief are at the will and pleasure of the Prince alone Learned Cambden in his Britannia fo 163. teacheth us As touching the division of our Common wealth it consisteth of a King or Monarch Noblemen or Gentry Citizens freeborn whow we call Yeomen and Artisans or Handicrafts-men The King whom our Ancestors the English Saxons called Coning and Gining in which name is implyed a signification both of power and skill and we name contractly King hath Soveraign power and absolute command among us neither holdeth he his Empire in Vassalage nor receiveth his investure or enstalling of another ne yet acknowledgeth any superiour but God alone Now if Reason and the Judgement of our Ancestors would satisfie our frenzy upstarts what greater authority would they have But that they are troubled with so many visions and false revelations of their own I would commend to them a true vision in the Reign of Edward the Confessor viz. One being very inquisitive and musing what should become of the Crown and Kingdom after King Edwards death the blood Royal being almost extinguished he had a strange vision and heard a voyce which forbade him to be inquisitive of such matters resounding in his ears The Kingdom of England belongeth to God himself who will provide it a King at his pleasure But now forsooth it belongeth to the people and they will provide it a King at their pleasure It is the people now which make the King if so why ever had we any Kingdoms why were they not called Peopledoms The Kings of England with them of France Jerusalem Naples and afterwards Scotland were antiently the only anointed Kings of Christendom And as the Kings in Scripture as Asia Jehoshaphat Hezechiah c. so the Kings of England have alwayes had the supremacy in Ecclesiastical causes Reges sacro oleo uncti sunt capaces spiritualis jurisdictionis 33 Ed. 3. Rex est persona mixta cum Sacerdote habet ecclesiasticam et spiritualem jurisdictionem 10 H. 7.18 And although Kings ought not to be Ministers of the Chutch so as to dispense the word and Sacraments For No man taketh this honour unto himself but he that is called of God as was Aaron Hebrews 5.4 Yet since they
non usu valet argumentum But they all unanimously resolve and report the contrary Reader I Would not have thee imagine as some men through malice or ignorance do most impudently assert that when we say The King is absolute and above the Law that thereby is intended that the King is freed from and hath power to act against Gods Laws when he pleaseth No this is but their false glosse and interpretation For non est potentia nisi ad bonum hability and power is not but to good There is no power but what is from God and therefore no mortal man can have a power to act against God To sin and break Gods commandements is impotency and weakness no power For the Angels which are established in glory do far excel men in power yet they cannot sin The Law of God is above the King and he is bound to God to keep it yet neverthelesse he is an absolute King over men because God hath given him the Supreme power over them and hath given no power to men to correct him if he transgresse But God only whose Law only he can transgresse can call the King to an account Hoc unum Rex potest facere quod non potest injuste agere the King only is able not to do unjustly is a rule in Commonlaw and the reason is because the people do not give Laws to the King but the King only giveth Laws to the people as all our Statutes and Perpetual experience hath taught us Therefore how can the King offend against the Laws of the people or be obnoxious to them when they never gave him any Laws to keep or transgresse and then how can the people punish him who never offended their Laws Therefore the King must needs be absolute over the people and only bound to God not to the people to keep those Laws which God not the people gave him and as God is above the Laws and may alter them at his pleasure which he gave and set over the king so is the King above and may alter at his pleasure those laws which at his pleasure he gave set over the people still observing that he is free from all Laws quo ad coactionem in respect of any coaction from the people but not quo ad obligationem in respect of obedience to God by his obligation Therfore well might Solomon counsel us to keep the Kings commandement saying Eccles 8.2 I counsel thee to keep the Kings Commandement and that in regard of the Oath of God Be not hasty to go out of his sight stand not in an evil thing for he doth whatsoever he pleaseth Where the word of a King is there is power and who may say unto him what dâ—st thou These words are the words of God which King Solomon did speak by infusion of the Spirit In which you may see that the King doth what he pleaseth And we are commanded not to stand in an evil thing that is according to Iunius and Tremel translation perturbatione rebellione quae tibi malum allatura esset ageret tecum arbitratu suo sive jure sive injuria We must not murmur and rebel against the King though he deal with us unjustly He may be just when we think he is unjust The Kings heart is in the hands of God the searcher of all hearts as the Rivers of Water not in the hands of the people Therefore God not the people can turn it whether soever he will Prov. 21.1 King David was filius Dei non populi The Son of God not of the People Psalm 89.26 It was God who made him higher than the Kings of the Earth verse 27. not the People He was neither chosen of the People nor exalted of the People For I have exalted one chosen out of the people saith God verse 19. The exaltation was Gods and the choice not of but out of the people For I have found David my Servant with my holy oil have I anointed him saith God verse 20 Kings are the Children of the most high not of the people Psalm 82. Therefore who can say unto the King what dost thou If the people of England have power to depose and make Kings Why are they usurpers who by the power of the people destroy the lawfull King as did Richard the third and by the consent of the people established himself in the Government They are Kings de facto but not de jure as all our Books agree For the people have not the Soveraignty but the King Surely the people of England thought so when by act of Parliament they ordained that none should be capable to sit in Parliament before they had Sworn it vide 1 Eliz. 1.5 Eliz. 1.1 Jac. 1. And I am sure that the breaking of the Oath can give the Parliament no new Authority It is declared by the Lords and Commons in full Parliament rot Par. 42 E. 3. nu 7. Lex consuetudo Parliamenti 4 Inst 14. upon demand made of them on the behalf of the King that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crown whereunto they were Sworn And it is strange to think that the House of Commons which is but the tail of a Parliament should have that power which both Lords and Commons had not But since there can be no Parliament without the King 4 Inst 1 2.341.356 We may conclude that these men being Traytors Rebels and Tyrants will take upon them to do any thing Defensive War against the King is illegal or the Great question made by Rebels with honest men no question Whether the people for any cause though the King act most wickedly may take up arms against their Soveraign or any other way by force or craft call him in question for his actions Resolved and proved by the Law of God the Law of Nations the Law of Nature the Laws of the Realm by the rules of all Honesty Equity Conscience Religion and Piety by the Example and Doctrine of our Saviour Christ all the Prophets Apostles Fathers of the Church and all pious Saints and holy Martyrs That the peoplâ— can have no cause either for Religion or Laws or what thing soever to levy War against the King much lesse to murther him proved in Adam The manner of the Government of the King Gods Steward and Stewart when he cometh described The Bishops Lords Prayer and Common Prayer Book must then be restored with their excellencies now abused He will lay down his life before he will betray his trust and give his account to any but God as did our last great Stewart his Father The blessednesse of the people when the King shall come and rule over them declared his Majesty The Christians duty towards their King laid open and warranted by the Death and Sufferings of Christ and multitudes oâ— Christians The madnesse of the people in casting oâ— the Government of a gracious King and submitting