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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B22970 An appeale to thy conscience as thou wilt answere it at the great and dreadfull day of Christ Iesus. Fisher, Edward, fl. 1627-1655. 1643 (1643) Wing F987 36,794 40

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a ready meanes to the rectifying of the conscience and because this evasion is by some much boasted of I shall therefore briefely set forth the excellent and sweet agreement which the laws of this Land have with the Laws of God in this particular affirming That the King of England is such a King as the Scriptures mention and that in foure respects 1. In His right to the Crowne 2. In His Power 3. In His Charge and Duty 4. In the rendring of His Account 1. His right to His Crown is by birth descent or hereditary succession And this appeares First by that part of the Oath of Allegiance which is used in every Leet That you shall be true and faithfull to our Soveraigne Lord K. Charles and his heires which shewes the descent Secondly because we do our legeance to the King in his naturall capacity and therefore he holds the Kingdome in His naturall capacity that is as He is Charles the sonne and heire apparent of King James of blessed memory For legeance or homage cannot be done to the King in His politique capacity for so the body of the King is invisible Coke l. 7. Calvins case Thirdly in the case aforesaid it is expresly affirmed that the King holds the Kingdom of England by birth-right inherent by descent from the blood-Royall And how inseparable this right is from the next in blood you may see in Henry the 4. who though he was also of the Blood-royall and had the Crown resigned unto him from Richard the 2 and confirmed by Act of Parliament yet upon his death bed He acknowledged He had no right thereunto Speed l. 9. c. 14. Lastly by all the Judges 1. Iac. at the arraignment of Watson and Clerk two Seminary Priests it was resolved that immediately by descent His Maj●sty was compleatly and absolutely King without the ceremony of Coronation which was but a Royall ornament and outward solemnization of the descent this is plainly illustrated by Hen. 6. who was not Crowned till the ninth yeere of His raigne Speed l. 9. c. 16. yet divers were attainted of treason before that time which could not have been had He not been King Besides we know that upon the death of the King His Successor is forthwith proclaimed which shewes that the King hath his Kingdom by descent and st●ice not to be made King by the people at his Coronation Indeed the people are then asked their consent not that they have power to deny but that the King having their consent may with greater security and confidence relie on His people Thus thou seest the Kings right to the Crown is by succession As to the second respect it is evident That the power of the King of England is by the Laws of the Land as great and Royall as that which I have proved out of the Scriptures to belong unto the King For He onely may proclaime war and he onely can establish peace among His people Coke 7. Rep. fol. 25. b. There is no lawfull assembly meeting or Court but by authority from Him Yea the high Court of Parliament was at first devised framed and instituted by Him Polyd Virgil. l. 11. Speed Stow Martin Baker and many others in the life of Henry the 1. By Him all Laws Customes and Franchises are granted and confirmed unto the people Rot. Clans 1. R. 2 n. 44. By Him all the Officers of the Realm whether Temporall or Spirituall are chosen and established The chiefe and highest by Himselfe immediately Smith Commonw l. 2. c. 4. The inferiour by authority from Him Idem c. 5. He hath the sole power of ordering and disposing all the Castles Forts and strong holds and all the Ports and Havens and generally all the Militia of His Kingdom For otherwise it will follow that the King has power to proclaime war and not to maintaine it That the King is bound to defend His Subjects and is denied the means Both which are contrary to our Law which admits no absurdity To be short The Prince is the life the head and the authority of all things that be done in the Realm of England Smith ibid. Supremam potestatem merum Imperium apud nos habet nec in imperii clientela est nec investituram ab alio accipit nec praeter Deum superiorem agnoscit Cambden Brit. p. 132. He hath Soveraigne power and a meere Empire with us He is not under the protection of the Roman Empire nor doth he take investiture from any other nor besides God doth acknowledge any above him We are bound by oath to maintaine His Soveraignty in all causes and over all persons as well Ecclesiasticall as Civill not over singular persons as some would glosse it but over all even the body politique For by divers sundry old authentike Histories and Chronicles it is manifestly declared and expressed that this Realm of England is as Empire and so hath been accepted in the world governed by our supreame head and King having the dignity and royall Estate of the Imperiall Crown of the sai●● unto whom a body politique compact of all sorts and degrees of people divided in termes and by names of spiritualty and temporalty have been bounden and owen to beare next to God a naturall and humble obedience Preface to a Statute 24 Hen. 8. c. 12. The third respect is in His charge and duty which consists in the observance of the Law of God the Law of nature and the Laws of this Realm To observe the Law of God He is bound as a Christian to observe the law of nature He is bound as a man to observe the Laws of his Realm He is bound as a King Nor is he onely bound vinculo officii as he is King though this is a strict tie considering to whom he must one day render an account of His Stewardship but he is also bound vinculo juramenti by an Oath taken at His Coronation The effect whereof is this To keep confirme and defend all Laws Customes and Freedomes granted by His predecessours to the Clergy or people To preserve peace and concord in God entirely and cause equall and right justice to be done according to His power Whence it is clear that the King hath His duty enjoyned him and ought not to make His Will the rule of His actions The fourth and last respect is in the rendring of His account For as the Kings mentioned in the Scriptures were not so the King of England i● not accountable for His actions to any but God alone First because the King of England hath not His Crown from any but God alone from whose gracious hand he hath received it by the ordinary meanes of hereditary succession and was in the beginning obtained by the Sword Smith l. 1. c. 9. Secondly the oath which he takes at His Coronation binds Him onely before God for there is no condition proviso or limitation whereby He is made accountable unto His people Thirdly by the testimony of Bracton fol.