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kingdom_n case_n great_a king_n 2,323 5 3.6428 3 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A85516 The grand case of England, so fiercely now disputed by fire and svvord, epitomized. 1643 (1643) Wing G1487; Thomason E88_27; ESTC R1312 1,254 8

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THE GRAND CASE OF ENGLAND So fiercely now disputed by FIRE and SVVORD EPITOMIZED feb 8 LONDON Printed for J. Partridge 1642. THE GRAND CASE So bloudily disputed at this present in ENGLAND THe Principall if not the onely Question now debated by the Divine Lawyer Statesman and Swordman is whether or no The Reason and Judgement of the King be the supreme Reason and Judgement of the Kingdome in all Cases of great doubt and publike concernment If the Law have left all weighty and difficult matters to the meer understanding of the King 't is all one as if all things were left to His meer will and if so then the King is absolved of all limits and conditions No King can be more absolute if it be confessed that the King is not sole and supreme Judge The next Question is Whether the King may chuse His own Councellours and Judges at meer pleasure or no. For if He may in time of Parliament prefer the Councell of such Courtiers as He likes best before the Common Councell of the Kingdom and out of Parliament the judgement of illiterate ungraded men before that of His most learned studied sworn Judges all Law of confining the King to other Reason and Judgement then His own is vain and of no effect But if the King be by intrudement of Law as wel designed and necessitated to that Councell alwayes which is supreme and most publike for the time being and restrained from any other inferiour and more private The next Question is Whether the Law have allowed to the King such a latitude of Negative voyce as to frustrate and annihilate whatsoever is adjudged by both Houses in Parliament or by the Judges out of Parliament For as God and Nature abhorre vacuities and frustraneous acts so certainly Law which flows from the same Source must needs do the like Nay if the Kings right of Negation be maintained in all Cases as well such as concern publike as private Affairs and such as concern the Life and Fortunes and Liberties and Consciences of such and such particular men as well as those which concern His own intradoer or domesticall Affairs not onely all Law is made frustraneous but utterly pernicious For Nature must needs imprint this in us all That a State may be more happy by subjecting it self to the boundlesse Arbitrary Law of one mans will then to such a determinate Law as one man may obstruct and make frustrate at pleasure but cannot open and make vigorous Our present misery shew● us this truth too plain for were either the Kings will admitted or the Judgements which the Houses have given concerning the the Militia of the Kingdom and other differences at this time for meer Law This Nation could not be so torne and grinded to dust in such an instant as it is Postscript LEt the Learned in the Lawes now shew and declare themselves And if the Case be uncertain Let the Parliament interpret it And if the Law have been hitherto defective herein Let that Community in its representative Court joyned with the Nobility which created all Law as well that by which the King as that by which every Subject holds supply that defect If Law be open in its true Fountain Let that prevent bloudshed If Law be obstructed and oppressed in its Fountain Let us open it with our bloud No mans bloud can be more thriftily and wisely expended then in defence of that Court which gave being both to Kings and Laws and preserves being both to Kings Laws and Subjects 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS