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A96658 Jus regium coronæ, or, The King's supream power in dispensing with penal statutes more particularly as it relates to the the two test-acts of the twenty fifth, and thirtieth of His late Majesty, King Charles the Second, argu'd by reason, and confirm'd by the common, and statute laws of this kingdom : in two parts / auctore Jo. Wilsonio J.C. Wilson, John, 1626-1696. 1688 (1688) Wing W2921A; ESTC R43961 44,210 87

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necessary that they rid Him of His Friends till as the Gaderens by our Saviour they cou'd get Him out of the Country And can the King be safe while such a Law is in being It may be much doubted For when the Word of a King that he will not alter Religion as it is now establish't by Law is of no credit without farther Security what must the meaning of it be but that they that are for having this Act stand either dare not trust Him or could be well content that it had taken effect Or if it be only a point of Honour in the case I would fain know whither Herod's nevertheless for his Oaths sake were any excuse for cutting off the Baptist's Head I should think not inasmuch as the keeping such an Oath did but add to the Crime and he might have better askt God forgiveness for the making than the breaking it Where an Oath obliges not less does Honour Object But may some say should not all Laws that concern Religion be like those of the Medes and Persians immutable Answ Wee 'll suppose it for once But then what are become of all our own Statutes of that kind before Edw. the 6th Or if we measure it by the inconvenience what effect had that of the Medes and Persians in the case of Daniel but that it expos'd an Innocent to the Lions and made Darius rather shuffle with his Authority than disoblige a Faction which he might have crusht with a Breath as he did afterwards But to go on Was there no danger from any other sort of Recusants Was there no Oxford business No Rye-House Was this and the late King to have been Murder'd in Masquerade only Yes yes I hear 'em say There was a Plot and a Plot with a Witness But 't was a Popish Plot Had not the King been kill'd in St. James's Park if Pickering had not ramm'd the Silver Bullet into a Consecrated skrew'd Gun before the Powder and at another time the Flint been loose Did not Oates and Parteners Swear it And did not the Rulers believe him and the People in him And therefore if neither Test nor Exclusion would do was not Venient Romani sufficient ground for an Association Oh Hoe Bene habet nil plus interroge Your Servant Sir. But was there no Republican Plot in the bottom was not the truth of the one slur'd on the World under the disguise of t' other Such I must confess as suffer'd on the account of the Popish Plot deny'd it to their last They were all but one Papists But see the Ingenuity of the Godly Not one of them but confest theirs with this tender distinction only that they were guilty of the Conspiracy but not of the Treason Habeat jam Roma pudorem When would the others have done as much And after all this to take in Hutton and Crooke's distinction was not Hannihal ad portas Was there no Bellum flagrans No actual War at the time when His Majesty granted those Commissions What was the then Rebellion in the West and that other at the same time in Scotland Clouds no bigger than a Hand at first but had they not like to have over-spread both Kingdoms When Richard the 3d heard that Henry the 7th was Landed with 7000 Men he slighted it but when it was told him they were but 300 he put Foot in Stirrup as too truly presaging the Kingdom had invited him in And what should the King have done in this case thrown Himself upon those that would have Excluded Him or trust them of whom He had had former assurance In short it remains that I speak to His. Majestys yet continuing them in His Service And truly I conceive the same Reason and Law will hold for both For Insurrections and Rebellions Lord Bacon being not written on Ice that when the Body relenteth the Impression should wear away how can the King who is Judge of the Expectant as well as present danger deem Himself secure while the Serpent yet threatens with its Tail God has signally prosper'd His Majestys Arms but are His Enemies so much as willing to be reclaim'd They are beaten down that rose up against Him but is He sure they shall rise no more The Winds are laid 't is true but has the Sea yet left rouling Or if it has what means this Unda vulgi These new Murmurs and Caballings of the People Fire purgeth away Smoak and Ashes as unapt Matter to enflame and Living Bodies Purge and Expel what they cannot Convert and Assimulate into Food and Nourishment And shall Kings only take into their Bosom what they can neither convert nor alter The Argument were everlasting but I leave it and from what I have said before thus conclude this Section That His Majesty in the granting Commissions to Persons not qualify'd according to the said Act having done nothing but what is warrantable by the Law of Reason and the Laws of this Land That the said Commissions are well granted notwithstanding the said Act. And the same also for the yet retaining them in His Service SECT VI. That the Statute has created a Disability in the Person and other Objections answered TO judge ones self is the way not to be judged and to foresee known Objections is the way to prevent them from others wherein nevertheless not to give them their proper Answers were but to lend a Candle to another and leave my self in the dark I. Object 1. The Statute has created an incapacity in the Person not qualify'd c. by making him ipso facto disabled to hold any Office c. and the Office void As the 31st El. c. 6. That makes every corrupt Presentation Collation c. and every Admission Institution c. thereupon void And the person so corruptly taking or procuring a disabled Person to have or enjoy the same In like manner the 5 Ed. 6. c. 16. That makes the buying and selling Offices void and the Buyer a disabled Person to have and occupy the same And the 3 El. c. 1. That every Member of Parliament not taking the Oath of Supremacy before he enter the House shall be deemed as if he had been never elected and returned Which also is a part of the Test And how will the present Cases differ from the Disability in the present Case Answ For answer to which I take a difference between Mala in Se such things as were meerly evil in themselves at Common Law before any Statute and therefore indispensible and Mala prohibita such as were not simply evil in themselves but might have been lawfully done before they came to be prohibited by some Statute and so may be dispenst with 11 H. 7. f. 11. As in the present Case That every Man not taking the Oaths c. by the said Act required shall be disabled to hold any Office c. which implies that he was capable before that Prohibition for all Exceptions prove the Rule That the King