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A70874 The title of kings proved to be jure devino and also that our royall soveraign, King Charles the II, is the right and lawful heir to the crown of England, and that the life of his father, Charles the First, was taken away unjustly, contrary to the common law, statute law, and all other lawes of England ; wherein is laid down several proofs both of Scripture and law, clearly and plainly discovering that there can be no full and free Parliament without a king and House of Lords / by W.P., Esq. Prynne, William, 1600-1669. 1660 (1660) Wing P4106A; ESTC R5212 3,378 7

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The Title of KINGS PROVED TO BE JVRE DEVINO AND ALSO That our Royall Soveraign King CHARLES the II is the Right and Lawful Heir to the Crown of England And that the Life of his Father Charles the first was taken away unjustly contrary to the Common Law Statute Law and all other Lawes of England Wherein is laid down several proofs both of Scripture and Law clearly and plainly discovering that there can be no Full and Free Parliament without a KING and House of LORDS By W. P. Esq LONDON Printed for Nehemiah Price and are to be sold at the Royall Exchange in Cornhill 1660. THE TITLE OF KING CHARLES Proved by LAVV 1. Pet. 2. 17. Fear God Honour the King KINGS are Jure Divino by Divine Right to be obeyed and not by violent force of Subjects to be resisted although they act wickedly Prov. 8. 15. By me Kings Reign Dan. 2. 21. He removeth Kings and setteth up Kings Prov. 16. 10. A Divine sentence is in the lips of the King Prov. 21. 1. The Kings Heart is in the hand of the Lord Job 34. 18. Is it fit to say to a King thou art wicked and to Princes ye are ungodly Prov. 24. 21. Fear thou the Lord and the King and meddle not with them that are given to change Eccl. 8. 2. I ●oun●el thee to keep the Kings Commandement Exod. 22. 28. Thou shalt not speak evil of thy Prince nor detract the Magistrate 2. Pet. 2. 1● Fear God Honour the King Eccles. 10. 20. Curse not the King no not in thy thought 1 Sam. 24. 6. The Lord forbid that I should ●o this thing unto my Master the Lords anointed to stretch forth my hand against him seeing he is the Lords anointed From which premisses none unless those who deny the Scripture can deny these consequences that the Jura regalia of Kings are holden of Heaven and cannot for any cause escheat to their Subjects that active obedience is to be yielded to the King as Supream in omnibus licitis in all things lawfull But if God for the punishment of a Nation should set up a Tyrannical King Secundum voluntatem pravam non rationem rectam regentem Governing by his depraved will against reason and commanding things contrary to the word of God we must not by force of Arms Rebel against him but rather then so if not prevailing by Petition unto him or escaping by flight from him patiently subject to the lost of out lives and Estates and in that case arma nostra sunt preces nostrae nec possimus nec decemus aliter resister our Prayers and tears should fight and not our swords for who can lift up his hand against the Lord anointed and be guiltless this in Scripture we find practiced by Gods people to Pharaoh Exod. 5. 1. and the same People to Nebuchad-nezzar a Tyrant were commanded to perform obedience and to pray for him though there was no wickedness almost which he was not guilty of his successor Darius Daniel obeyed and said O King live for ever Dan. 6. 21. for now no private person hath with Ehud Judg. 3. 31. Extraordinary commandment from God to kill Princes nor no personal Warrant from God as all such persons had who attempted any thing against the Life even of Tyrants nil sine prudenti fecit ratione vetustas 2. The King hath His Title to the Crown and to His Kingly Office and Power and by way of trust from the People but by inherent Birth-right immediately from God nature and the Law 1. Reg. Ja. 1. li. 7. 12. Calvins case 3. The Law of Royal Goverment is a Law Fundamental 1. Pars Just fo. 11. 4. The Kings Prerogative and the Subjects liberty are determined and bounded by the Law Bracton fo. 134. Plowden fo. 236. 237 5. By Law no subjects can call their King in question to answer for his actions be they good or bad Bracton fo. 5. 6. if any one hath cause of action against the King because there is no Writ runeth against him his onely remedy is by supplication and Petition to the King that ye would vouchsafe to correct and amend thatwhich he hath done which if he refuse to do onely God is to revenge and punish him which is punishment enough no man ought to presume to dispute the Kings Actions much lesse to rebell against him 6. The King hath no superiour but the Almighty God all His People are inferriour to him he inferriour to none but God 7. The King is caput reipublicae the head of the Common-wealth immediately under God Finch 81. And therefore carrying Gods stamp and mark among men and being as one may say a God upon earth as God is a King in Heaven in a similitudinary sort given him Bracton fo. 5. Cum fit dei vicarius evidenter apparet ad similitudinem Jesu Christi cujus vicesgeret in terris that is to say 1. Divine perfection 2. Infinitness 3. Majesty 4. Soveraignty and Power 5. Perpetuity 6. Justice 7. Truth 8. Omniscience 1. Divine perfection in the King no imperfect thing can be thought no folly negligence infamy stain or corruption of blood can be adjudged in him So nullam tempus occurit reg●● 2. Infinitnesse the King in a manner is every where and present in all Coutts and therefore it is that he cannot be non-suit and that all Acts of Parliament that concern the King are general and the Court must take notice without pleading them for he is in all and all have their part in him Fitz. Urb. 21. H. 8. Br. tit. non-suit 68. 3. Majesty the King cannot take nor part from any thing but by matter of record and that is in respect of his Majesty unlesse Chattle or the like because deminimis non curaet lex 5. Ed. 4. 7. 4. E. 6. 31. 2 H. 4. 7. 4. Soveraignty and Power all the Land is holden of the King no action lyeth against him for who can command the King he may compel his Subjects to go out of the Realm to War hath absolute Power over all for by a clause of non obstante he may dispense with a Satute though the Statute say such dispensation shall be meerly void 7. E. 4. 17. ● 1. Calvins case Bracton Rex habet potestatem Jurisdictionem super omnes qui in regno suo sunt ea que sunt Jurisdictionis pa●is ad nullam pertinent nisi ad regiam dignitatem habet etiam certionem ut delinquentes paniat ●●●●●at And therefore ought to have the Militia 5. Perpetulty the King hath aperpetual succession and never dieth for in Law it is called the demise of the King and there is no Inter-regnum a gift to the King goeth to his Successors though not named for he is a Corporation of himself and hath two capacities to wit a natural body in which he may inherit to any of his Ancestors or purchase Lands to him and the Holes of his body which he shall r●tain although he be afterwards removed from his Royal Estate and a body 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 individual body Plomden 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 circasolium ejus they are the two supporters that do hold up his Crown he is medicus regni pater patria 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. E. 4. 25. Potentia injuria est impotentia natura his Ministers may offend and therefore to be punished if the Laws are violated but not he 7. Truth the King shall never be stopped 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 abstante of the Statutes of mortmain for it is apparant to be of the Law and therefore shall not be intended misco●●sant of the Law for praesumitur rex habere omnia Jura inscrinio pectoris sui 2. Just 99. and therefore ought to have a Negative voice in Parliament for he is the Fountain of Justice from whence the Law sloweth 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 compasse or imagine his death or the death of his Queen or of his Eldest Son to counterfeit his mony 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 Kingdom but the Kings Majesty is High Treason for which the offender have Judgement First To be drawn to the gallows Secondly There to be hanged by the neck and cut down alive Thirdly His intrals to be taken out of his belly and he being alive to be burnt before him Fourthly That his head should be cut off Fifthly That his body should be cut in four parts Sixthly That his head and his quarters should be put where the King the Lord pleaseth Post-script REader take notice that in many places of this Brief Collection of the Lawes of England touching the power of Kings and their just Prerogative by the word Parliament is meant the Rump who have unjustly taken to themselves the name of Parliament contrary to the known Lawes of the Land for there can be no full and free Parliament without a King and House of Lords FINIS