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A77919 The povver of kings discussed: or, An examen of the fundamentall constitution of the free-borne people of England: in answer to severall tenents of M. David Jenkins. By Will: Ball of Barkham, Esq; Ball, William. 1649 (1649) Wing B594; Thomason E540_21; ESTC R205769 11,588 15

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counsell them according to prudence and justice and sometimes Kings have done what liketh themselves without counsell The King may by an over-awing Power or by a kind of menacing or high carriage enforce or cause the Representatives of the Kingdome to doe or agree to that to which if such unjust and indirect meanes were not used they would not agree unto as did Henry the eight in obtaining the Lands of Abbies and Monasteries for admit the Abbies and Monasteries deserved to be dissolved yet for as much as their Lands were Terrae Regni non Regis they ought to have been applied and employed to the good of the Kingdome not of the King there being then neither Law Reason not President for it but K. Henry partly by frownes mutterings and threatnings and partly by promising that he would with those Lands maintaine an Army for the defence of the Kingdome and ease the People from other Taxes and Payments which how well he performed all men know obtained and got into his hands those Lands by consent of both the Houses of Parliament wherein how justly or unjustly both Houses dealt I will not dispute it at this time But to goe on Jenkins in his Lex Terrae M. Jenkins himself instanceth that in King Johns time the Nobles and Commons of the Realme conceiving that the Ancient Customes and Rights were violated c. Et paulo post after the subjects had obtained their Rights and Liberties which were no other then their Ancient Customes c. by which two instances of his He in some sort acknowledgeth that the People were wronged in their Customes and Rights from the time of the Norman Conquest to the Reigne of Hen. 3. and who did the wrong Surely the Norman and his Successours who severally violated them not such Judges and Justices of the Lawes who then were for they did but as they were commanded To conclude the King may in these and the like things both according to his naturall and politique capacity Peccare contra Deum contra Proximum seipsum and if it be said notwithstanding He can doe no wrong certainly that tenet if it be Ens Legis it is scarce Ens rationis Ratiocinatae That the King can doe no wrong in Curiâ nor the Pope erre in Cathedrâ I take them to be Axioms much alike for my part I pretend not to the knowledge of the Lawes but honour the knowledge thereof thus much I know non jurari in verba magistri I have heard say that the greatest Clerks are not sometimes the wisest men and I must tell M. Jenkins and others that sometimes also the greatest Lawyers are not the soundest School-men for if they were some of them would not have said and written what they have M. Jenkins saith Jenkins in his Cordiall The Law and Custome of this Land is that a Parliament hath Power over my life liberty lands and goods and over every other subject c. Pax cum pedibus good Master Jenkins not so fast what doth Master Jenkins meane by the word Power if he meane by the word Power that the Parliament hath power to protect the lives liberties c. of the People I grant it him or if he meane by the word Power that the Parliament hath power applicare in necessitatum Regni the Proprieties of the People I also grant it him but if Master Jenkins meane by the word Power that the Parliament including the King hath an absolute Power to dispose of the Peoples Estates merè ad Placitum I absolutely deny it and touching this I have formerly inserted Reasons in two Printed Books Moreover the Parliament cannot Tradere Populum Angliae aliene Juri deliver over the Free People of England to a foraine Government or to Lawes imposed by Forainers or composed and continued in relation to Forainers nor can the Parliament by any Ordinance or Act whatsoever deprive the Free people of England of their innate Right of electing Knights Citizens and Burgesses for Parliament in these things and things of the nature of these tending to the fundamentall Rights and Lawes of the People the Parliament cannot nor ought not any way to violate the People or Nation if they doe it they doe not onely fall and faile from the Protection of the People but they become Preditores Hostes Patriae The King is to consider that although he have his Jus Regnandi his Crowne by discent and holds à Deo ordinariâ per successionem God himself being the Efficient Cause primarily yet he holds it in ordine ad Populum in relation to the People who tie him by Oath c. in England salus Populi not Majestas Imperii is the chief object and end of Government The Representatives or Trustees of the People are also to consider that they are creati in Ordine ad Populum not Nati in Ordine ad se as are the Venetian Senators that they are intrusted by the People according to the Kings Writ Pro quibusdam arduis urgentibus Negotiis not made unlimited or absolute in all things so that the King and both the Houses of Parliament ought to endeavour for the generall good of the Common-wealth I am of Master Jenkins his Opinion in this That the safety of the People is the safety of the King and that the honour of the King is supported by the honour of the People or Nation WILLIAM BALL FINIS