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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50410 Certain sermons and letters of defence and resolution to some of the late controversies of our times by Jas. Mayne. Mayne, Jasper, 1604-1672. 1653 (1653) Wing M1466; ESTC R30521 161,912 220

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an Act past by the King the two Houses had nothing to do with the Ordering of it Another was one of the Nineteen Propositions where t was desired that the Nomination of all Officers and Counsellours of State might for the future go by the Maior part of Voyces of both Houses Another Argument That the King hath hitherto in all such Nominations been the only Fountaine of Honour The third was the passing of the Act for the Continuation of this Parliament Another Argument that nothing but the Kings consent could ever have made it thus Perpetuall as it is Many other Instances might be given but so undoubtedly acknowledged by Bracton By Him that wrote the Book call'd The Prerogative of Parliaments who is thought to be Sir Walter Raleigh By Sir Edward Cooke by the stiles and Formes of all the Acts of Parliament which have been made in this Kingdom and by that learned Iudge who wrote the Examination of such particulars in the Solemne League and Covenant as concerne the Law And who in a continued Line of Quotation and Proofe derives along these and the other parts of Supreme power in the King from Edward the Confessour to our present Soveraigne King Charles that to prove them to you were to adde beames to the Sunne Here then For the better stating of the Third thing I proposed to you which was That granting the King to be Supreme in this Kingdome at least so farre as I have described him how farre He is to be Obeyed and not Resisted Two things will fall under Inquiry First supposing the King not to have kept Himselfe to that Circle of power which the Lawes have drawn about Him but desirous to walke in a more Absolute compasse That He hath in somethings invaded the Liberty of his People whither such an Incroachment can justifie their Armes Next If it be proved that He hath kept within his Line and only made the Law the Rule of His Governement whether a bare Fear or Iealousie That when ever he should be able He would change this Rule which is the most that can be pretended could be a Iust cause for an Anticipating Warre The Decision of the first of these Inquiries will depend wholly upon the Tenure by which he holds His Crowne If it were puerly Elective or were at first set upon His Head by the Suffrages of the people And if in that Election His power had been limited Or if by way of paction it had been said Thus farre the King shall be Supreme thus farre the people shall be Free If there had been certaine Expresse conditions assigned Him with his Scepter that if he transgrest not his limites He should be Obeyed if He did it should be lawfull for the people to resist Him Lastly if to hinder such Exorbitances there had been certaine Epho●…i or Inspectours or a Co-ordinate Senate placed as Mounds and Cliffes about Him with warrant from the Electours that when ever he should attempt to overflow his Bankes it should be their part to reinforce Him back into his Channell I must confesse to you being no better then a Duke of Uenice or a King of Sparta In truth no King but a more splendid Subject I think such a Resistance might be Lawfull Since such a Conveyance of Empire being but a conditionall contract as in all other Elections the chusers may reserve to themselves or give away so much of their Liberty as they please And where the part reserved is invaded 'T is no Rebellion to defend But where the Crowne is not Elective but hath so Hereditarily descended in an ancient line of succession from King●…o ●…o King that to finde out the Originall of it would be a taske as difficult as to find out the Head of Nilus where the Tenure is not conditionall nor hangs upon any contract made at first with the people nor is such a reciprocall Creature of their Breath as to be blowne from them and recalled like the fleeting Ayre they draw as often as they shall say it returnes to them worse then at first they sent it forth In short Sir Where the only Obligation or Tye upon the Prince is the Oath which He takes at his Coronation to rule according to the knowne Lawes of the place Though every Breach of such an Oath be an Offence against God to whom alone a Prince thus independent is accountable for his Actions yet 't will never passe for more then perjury in the Prince No Warrant for Subiects to take up Armes against Him Here then Sir should I suppose the worst that can be supposed that there was a time when the King misled as your Friend sayes by Evill Counsellours did actually trample upon the Lawes of the Kingdome and the Liberty of his Subiects derived to them by those Lawes yet unlesse some Originall compact can be produced where 't is agreed That upon every such Incroachment it shall be lawfull for them to stand upon their Defence unlesse some Fundamentall Contract can be shewen where 't is clearely said that where the King ceaseth to governe according to Law He shall for such misgovernment cease to be King To urge as your Friend doth such vnfortunate precedents as a Deposed Richard or a Dethroned Edward Two disproportion'd examples of popular Fury The one forced to part with his Crowne by Resignation the other as never having had legall Title to it may shew the Iniustice of former Parliaments growne strong never justifie the Pitcht-feilds which have been fought by this Since If this supposition were true the King being bound to make the Law Hi●… Rule by no other Obligation but His Oath at His Coronation Then which there cannot be a greater I confesse and where 't is violated never without Repentance scapes vnpunish't yet 't is a trespasse of which Subiects can only complaine but as long as they are Subiects can never innocently revenge But this all this while Sir is but only supposition And you know Sir what the Logician saies suppositio nihil ponit in esse what ever may be supposed is not presently true I●… Calumny her selfe would turne Informer let her leave out Ship-money a greivance which being fairely laid a fleepe by an Act of Parliament deserved not to be awakened to beare a part in the present Tragedy of this almost ruined Kingdome she must confesse that the King through the whole course of His Raigne was so farre from the Invasion of His Subjects Rights that no King of England before Him unlesse it were Henry the first and King Iohn whom being Vsurpers it concern'd to comply with the People the one having supplanted his Eldest Brother Robert Duke of Normandy the other his Nephew Arthur Prince of Britaine ever imparted to them so many Rights of his owne To that Degree of Infranchisement that I may almost say He exchanged Liberties with them Witnesse the Petition of Right An Act of such Royall Grace that when He past that Bill He almost dealt with His