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A52382 Vox populi, fax populi, or, A discovery of an impudent cheat and forgery put upon the people of England by Elephant Smith, and his author of Vox populi thereby endeavoring to instill the poysonous principles of rebellion into the minds of His Majesties subjects : humbly recommended to all loyal subjects and true Englishmen. Nalson, John, 1638?-1686. 1681 (1681) Wing N121; ESTC R11667 7,969 16

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his Majesty has not ruled well in those many surprizing and astonishing Prorogations and Dissolutions and when it is positively affirmed That not to suffer Parliaments to sit to answer the great ends for which they were Instituted is expresly contrary to Common Law and to the Law of God of Nature and a violence offered to the Government an Infringment of the Peoples fundamental Rights and tends to the breaking of the Government and introducing Arbitrary Power p. 5 6. 4. That the King and his Predecessors Power of Proroguing and Dissolving Parliaments is only an Argument a facto ad Jus and not concluding their having done so or doing so doth not create a Right which is in plain English to say This Prerogative is an Usurpation and by clear Consequence strikes directly at the King as an oppressor which before he has told us does Unking him and make him a Tyrant pag. 13. 5. That according to Magna Charta Nulli negabimus the King ought to have no Negative Voice or to deny passing such Bills as the Peoples needs call for This is a short Abstract of this Vox Topuli But can you imagin whence this Godly Piece was borrowed to be presented to the King and Parliament for a New Mirror of Justice and Model of Government from a very Celebrated Authority I assure you no worse Man than the English Pilate the scarlet villain Bradshaw's Reports Charles the First his Case and Mr. Solicitor Cooke who was hang'd drawn and quarter'd for his pains as his Master would have been if the Devil had not saved the Hangman the Labour The Charge of the Commons of England against Charles Stuart c. There 's his Title Vox Populi That the said Charles Stuart being admitted King of England there 's his first Maxim that the Law makes the King and therein trusted with a limited Power and by his Trust Oath and Office being obliged to use the Power committed to him for the Good of the People and for Preservation of their Rights and Liberties yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannycal Power to rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all Redress and Remedy of Misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Rights and Power of frequent and successive Parliaments or National Meeting He the said Charles Stuart c. Here is the sum and substance of Vox Populi which I leave to the Reader to compare to save him the expence of Money and my self of time And is not this a very pretty Looking Glass to present to a King and Parliament at Oxford wherein the King is arraign'd of Misgoverning Proroguing Dissolving c. as indeed his two Sheets are nothing else but this Compendium beaten a little Thinner But that I may give some account to the People whom this Mr. Vox will needs represent though he was never chosen by them and they have other Representatives at Oxon who will not be pleased with his Usurpation upon their Rights and Priviledges In Answer to his First Thesis That the Law makes the King First It is contrary to express Scripture By me Kings reign the Powers that be are ordaind of God 2. It is against the Law of Reason and Nature Causa est prior Causato the Cause must be before the Effect and by consequence the Kings who are Law-Makers before the Laws 3. It is against the Civil Law as it were easie to instance in a thousand places Take one or two that are at hand Sacrilegii instar est Rescripta Principis obviare Vnde ipse Legibus Civilibus non astringitur nam in omnibus Imperatoris excipitur Fortuna cui ipsas Leges Deus subjecit Zouch Pars 4. Sect. 4. De Jure Principis It is a kind of Sacriledge says he to disobey the Commands of the Prince though he himself is not confined by the Laws for in all things the Prerogative Royal is excepted to him to whom God hath subjected the Laws Licet legibus soluti simus attament Legibus vivimus Just 2.17 a. Though the Emperor be free yet he lives according to Laws And as his Most Excellent Majesty in his late Speech to the Parliament at Oxon assures his People in these Words I conclude with this one Advice to you That the Rules and Measures of all your Votes may be the known and established Laws of the Land which neither can nor ought to be departed from nor changed but by Act of Parliament and I may the more reasonably require that you make the Laws of the Land Your Rule because I am resolved they shall be Mine A Resolution worthy so Great and Good a Prince and which will sure be satisfactory to all Loyal Subjects and is alone an Answer to Mr. Vox Populi And to convince Mr. Vox Populi with an Argument ad Hominem If the King be not above the Laws which he cannot be if he be their Creature what will become of him for a Pardon which if he and his friends do not procure indeed Mr. Vox Populi is in danger of having his Singing spoiled by the Laws for being guilty of Colemanism and turning Secretary of State before his time The Crimen laesae Majestatis which I think if the King will not the Law cannot pardon To his great Authority of Bracton I oppose the no Learned and Famous Sir Walter Raleigh whose words a Commentary upon Bracton are these Whereas there are two Powers of the Law the one Directive the other Coactive to the Power Directive Kings ought to be subject but not to that which Constraineth For as touching Violence or Punishment no man is bound to give a prejudicial Judgement against himself And if Equals have not Power over each other much less have Inferiors over their Superiors from whom they receive their Authority and Strength The Prince adds he is so much above the Laws as the Soul and Body united is above a dead and senseless Carcase for the King is truly called Jus vivum Lex animata an animate and living Law But this is true that by giving Authority to Laws Princes both add greatness to themselves and conserve it and therefore was it said of Bracton Meritò debet Rex c. But whereas Bracton ascribeth this Power to the Human Law he is therein mistaken for Kings are made by God and Laws Divine and by Human Laws only declared to be Kings Raleighs Hist Lib. 2. part 1. c. 4. num 16. And in another place Bracton explains himself and puts the Case If the King should do injury what is to be done and tells us If upon humble petitioning he cannot be brought to alter his mind he is to be left to God almighty Cum Superiorem non habeat nisi Deum c. Having no other Superior