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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A60479 Salmasius his buckler, or, A royal apology for King Charles the martyr dedicated to Charles the Second, King of Great Brittain. Bonde, Cimelgus. 1662 (1662) Wing S411; ESTC R40633 209,944 452

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politick in which he may purchase to him and his heirs Kings of England or to him and his Successors Yet both bodies make but one indivisible body Plowden 213.233.242 li. 7.12 6. Justice The King can do no wrong Therefore cannot be a disseisor He is all Justice Veritas Justitia saith Bracton circa solium ejus They are the two Supporters that do uphold his Crown he is Medicus regni Pater patriae sponsus Regni qui per annulum is espoused to his Realm at his Coronation he is Gods Lieutenant and is not able to do an unjust thing 4 Ed. 4.25 5 Ed. 4.29 Potentia injuriae est impotentia naturae His Ministers may offend and therefore are to be punished if the Laws are violated but not he 7. Truth The King shall never be estopped Judgement finall in a writ of right shall not conclude him 18 E. 3.38 20 E. 3. Fitz. Droit 15. 8. Omniscience When the King licenceth expresly to aliente an Abbot c. which is in Mortmain he needs not make any Non obstante of the Statutes of Mortmain For it is apparent to be granted in Mortmain And the King is the head of the Law and therefore shall not be intended misconusant of the Law For Praesumitur Rex habere omnia jura in scrinio pectoris sui 1 Jnst 99. And therefore ought to have a Negative voice in Parliament For he is the fountain of justice from whence the Law floweth 8. The Opinion of the two Spencers in Ed. 2. Who held that the oath of allegiance was more by reason of the Kings Crown that is his politick capacity than by reason of his person Is a most detestable excreable damnable and damned invention 7 Rep. fo 11. Calvins case 9. High Treason can be committed against none but the King neither is any thing high Treason but what is declared so to be by the Statute 25 Ed. 3. c. 21. To leavy war against the King to compass or imagine his death or the death of his Queen or of his eldest Son to counterfeit his Money or his great Seal to imprison the King untill he agree to certain demands to leavy war to alter Religion or the Law to remove Counsellours by arms or the King from his Counsellours be they evil or good by arms to seize the Kings Forts Ports Magazine of war to depose the King or to adhere to any State within or without the Kingdome but the Kings Majesty is high Treason For which the Offendor should have judgement First to be drawn to the Gallows 2. There to be hanged by the neck and cut down alive 3. His Intralls to be taken out of his belly And he being alive to be burnt before him 4. That his head should be cut off 5. That his body should be cut in four parts and 6. That his head and his quarters should be put where the Lord the King pleaseth 10. Treason doth ever produce fatal destruction to the Offender either in body or soul sometimes in both and he never attains to his desired end 3 Par. Jnst pag. 36. Peruse over all Books Records and Histories and you shall finde a Principle in Law a Rule in Reason and a tryal in experience that Treason doth ever produce fatal and final destruction to the Offender and never attains to the desired end two incidents inseparable thereunto and therefore let all men abandon it as the Poysonons bait of the Devil and follow the precept in holy Scripture Serve God Honour the King and have no company with the seditions 11. That Kings have been deposed by their Subjects is no argument or ground that we may depose ours A facto ad jus non valet argumentum Because Children have murdered their own fathers is no warrant for us to murder ours Judas betrayed his Soveraign yet should not we follow his example unless we strive for his reward There was never King deposed but in tumultuous and mad times and by might not by right 12. The King is Principium caput finis Parliamenti the begining head and end of a Parliament The body makes not the head nor that which is posterior that which is prior Kings were before Parliaments There were not in England any formed bodyes called the two Houses of Parliament untill above 200. years after the Norman Conquest 13. The King of England is armed with diverse Counsels one whereof is called Commune consilium the Common counsel and that is the Court of Parliament and so it is legally called in writs and judicial proceedings Commune Consilium Regni Angliae Consilium non est praeceptum Consiliarii non sunt praeceptores It is not the office or duty of a Counseller to command and make precepts but only to advise 14. The King is the fountain of justice and the life of the Law The two Houses frame the body the King giveth the soul for without him it is but a dead carcase And Si componere magnis Parva mihi fas est If I may compare small things with great As in a bond though one find paper and another write it yet if the obligor do not seal and deliver it it is nugatory and no obligation So if the King assent not to an act of the two Houses it is void and no Statute It is the royal Scepter which gives it the force of a Law Witnesse the whole Academy of the Law perspicua vera no● sunt probanda It would be foolish to light the Sun with Candles 15. Originally The King did make new Laws and abrogate old without the ass●nt of any known body o● assembly of his Subjects But afterwards by his gracious goodnesse perceiving that his people could best know their own soars and so consequently apply the most convenient remedy he vouchsafed so much to restrain his power that he would no make any Law concerning them without their assent For at the first Populus nullis legibus tenebatu sed arbitria regum pro legibus erant Which truth i● so clear that it shines almost in every History The oldest and best stile of an act of Parliament is Be it enacted by the Kings Majesty with the assent of the Lords Spiritual and Temporal and the Commons c. which proves where the virtual power is 16. The Commons have no Authority but by the Writ of Summons That Writ gives them no power to make new Lawes but onely to do and consent to such things which shall happen to be ordained by Common Counsel there in Parliament which are the words of the writ and all their Jurisdiction At a Conference the Commons are alwayes uncovered and stand bare when the Lords sit with their hats on which shews that they are not Colleagues in Judgement with the Lords Every Member of the House of Commons takes the oath of allegiance and supremacy before his admission in the House and should keep it too 17. It is Lex consuetudo Parliamenti The Law and Custome of a Parliament