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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A55113 A Plea to the Duke's answers fiat justitia, ruat coelum, Anglice, the Bill in the Honourable the late House of Commons against the D. was their duty. 1680 (1680) Wing P2526; ESTC R8364 4,637 4

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undeniable Maxim Volenti non sit injuria Furthermore How contrary to Religion Justice or Law any wise It 's well enough known every King at first was created and elected under Laws and Conditions by and with the free general Votes of the people subjecting themselves to Him as some Notable Man amongst them for Equity and Justice to govern them and defend their Laws Liberties Persons and Estates Con●●rru in c. 1. pract qq n. 4. Ludovic Velazquez de Avendam l. 40. Taur gloss 1. n. 9. Chrys Hom. 7. ad pop Antioch Fortese de laud. c. c. 13 14. so Bodinus in several places And Hom. l. 7. Odyss calls a Kingdom a Reward of Virtue and Merit of the peoples giving Thus a King is not for 's own but 's Subjects sake only and we have in truth rather title c. to Him than He to us see 1 Sam. 9.16 1. Kings 10.9 Thus when Kings themselves be ill ones God not only approves of their removal but even himself does it c. 2 Kings 24.2 c. 2 Cr. c. 10. 11. 1 Kings 11. c. c. 16.14 15. c. 21. c. 16.4 5 6. 2 Kings 9.25 Job 34.30 Sed praestat cu il ela quam medela Care beforehand's better than Cure after God commands choose a King but not according to that which Man respects viz. the outward circumstances but the heart 1 Sam. 16.7 see the like in several places Kingdoms are what but politick things then under the Government of the Laws Hence some be Hereditary others Elective according to the Politick Customs thereof and with as much difference in the methods c. of Succession and the like of Elections as there is between Succession and Election which could never be if Title to Crowns were beyond or not under the power of the Laws of the people Elective are the Empire of Germany Kingdom of Poland Hungary Bohemia when Kingdoms Æthiopia of the Goths of the Tartars of Arrogoza Lacaedemonia Tratia Traprobana Fez and some say Spain de Jure so France will have no Queen c. and keep us out Why may not then all consider'd our King Lords and Commons the whole Nation Huic ego nec metas rerum nec tempora pono Virgil make another Successor and not the D. especially not taking the Crown out of the Line as David did He a Man after God's own Heart in like case made not his next Heir but Solomon so far distant his Successor 1 Kings 1.30 c. 1 Cr. 28. and likewise did the people make Hazariah King 2 Kings 14.21 were to have made Roboam King 1 Kings 12.1 and did make Jeroboam v. 20. and all this without God's contradiction yea with his approbation besides so many other like Examples everywhere though here King and people did it either of them and we do it altogether It may be Objected There being a general Law or Custom for Kingdoms going by Succession people can't choose a King Conarru Archid Gregor Lup. and others But what say they is the Reason only ' cause the continuance of such custom c. implies the peoples consent to it Truly the Reasons of our Adversaries methinks implicitely acknowledge the power of altering the Succession Huic ego nec tempora pono the like has oft been practised in England see the Statures 25 H. 8.22 26 H. 8.2 28 H. 8.7 16 35 H. 8.1 1 Ed. 6.12 1 Mar. 1. 1 El. 3. 13 El. 1. nothing more plain What impudence would cast dirt in the face of so many of our Reverend Ancestors and say they did they knew not what or they could not do what they said they could after the Succession The very words of the Statute of 13 El. cap. 1. are It shall be High Treason to affirm the Laws and Statutes do not bind the Right of the Crown and the Descent Limitation Inheritance or Governance thereof Note this part of the Act is in force yet against our Pamphleteer which says it is not and the rest is onely expired as relating but to the Queen Nay is it not a Maxim amongst Papists Not only that the Pope may at his pleasure depose Kings and dispose of Crowns but further That the People may ever choose a King when He should else be an Heretick c so Frater Alfonsus de Castro so Didac Septiman in Cathol Inst T. 46. n. 75. Then if the D. be a Papist as none deny him now he 's a Heretick as to or from us and what shall we do not do by the Papists as they would by us Nec Lex est justior ulla quam necis artifices arte perire suâ Withall consider his Principles All be Hereticks resist the Authority of the Church of Rome which is as large as the Infallible Pope pleases or that differ with it in any point of Faith Fides Haereticis non adhibenda He 's to keep neither Word or Oath with us nor is it any matter hence what he says or swears to us it 's not only lawful and conscientious to kill us c. but a duty Like this the late Papist French King raising and encouraging that dreadful Massacre of Protestants at Paris c. and thousands of such like Examples Then consider's humor so fierce revengeful and resolute but I 'll say no more Who knows not how improper it is to make a Wolf a Shepherd Who 's so thoughtless as not see under a Papist King how our Religion is hazarded all the World over first lost here consequently with ease elsewhere How all our Lives Estates and Souls be hazarded sure nothing can be more some for fear some by force and others to fa●ter will or must comply with him or do worse if possible An ill King saith Solomon over the poor People is like a roaring Lyon and a Bear seeking's prey Prov. 28.15 In fine Is it not better one James live but like the greatest Prince of the world in stead of actually being King than Three whole Kingdoms together with several other Nations should utterly perish Nay Is it not better to pull down one House to save than let a City perish Nay Had you not rather cut off any of your own Members than hazard your whole Body Res ipsa loquitur The thing speaks it self See other Papers wrote before to this effect what in any is for the D. is answer'd all here all the rest is here omitted as needless to repeat FINIS