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england_n henry_n king_n margaret_n 4,538 5 11.4865 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A86729 Digitus testium, or A dreadful alarm to the vvhole kingdom, especially the Lord Major, the aldermen, and the Common-Councel of the City of London. Or a short discourse of the excellency of Englands lawes and religion. Together, with the antiquity of both, and the famous Kings that England hath had to defend both the religion and the laws against the heathen Romish emperours, and against the Romish power, under Popes. With the several plots the Popes of Rome have used against the Kings of England, to throwe them down, and how of late he hath prevailed against the magistracy and ministery of England, his new designes, and manner of progress: together, with a serious view of the new oath or ingagement, with 22. queries upon the same. And also objections made against the non-subscribers thereof answered. Let the ingenuous reader take so much pains, as to read that incomparable peece of vindication of a treatise of monarchy by way of discovery of three main points thereof. Hall, Henry, d. 1680, attributed name.; Hall, Edmund, 1619 or 20-1687, attributed name. 1651 (1651) Wing H339A; Thomason E621_13; ESTC R206419 34,005 37

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Nauntons fegmenta Regalia p. 2. Sec. 1. So that the Stuarts have an unquestionable Title to the Crown of England from the old Christian brittish Kings whose antiquity is beyond all the Kings in the World The Tudors expiring in Queen Elizabeth the mighty Family of the Stuarts succeeded by an unquestionable Title as lineally descended from Margaret the eldest Daughter of Henry the 7. of whom descended James the 1. of England and sixth of Scotland he reigning 22. years died and left the possession of England Scotland and Ireland to Charles the 1. who after he had raigned 24. years was cut off by a violent death Jan. 30. 1648. at his own door So that by this it may appear by what right the Kings of England have for above these 100. years made the first and chief estate in Parliament t is by a right of succession and inheritance always acknowledged and granted by the King The House of Lords make the second Estate because the Nobility of a Kingdom are the main pillers of those political Thea●ors where they live and as they are Clarior et illustri●r pars populi they do claim that priviledge jure geutium in this Kingdom they claim it as their Birth-right never in any age denied them their house being far more ancient then the House of Commons for Henry the 1. was the first that established the House of Commons and the House of Commons make the third estate who are called by the Kings Writ and chosen by the people to be their Trustees in Parl these being chosen and come up to Westminster or the place where the King appoints they are called over in the Kings presence and there they answer for what Shire or Town they are which done by the Kings Commandment they choose them a Speaker who maketh requests to the King that he would be content that they may injoy their liberties to speak their minds freely that they may punish any of their House offending that they may in doubts have the liberty to consult with His Majesty and the House of Lords promising in the Commons names not to abuse but to improve their priviledges as faithful true and loving subjects ought to do for their Princes Honour and advantage The House of Commons have power to impeach any person of Treason except the King for the King is one of their Estates and the Head now neither of these 3. Estates can impeach an other the King Lords cannot impeach the House of Commons because it is the third estate and the King and Commons cannot impeach the House of Lords because it makes the second Estate hereby the community must necessarily dissolve it self if either of the Estates could impeach each other therefore the Lords and Commons be they never so intire and full have no power de jure to impeach the King because he makes the first estate in Parl indeed they have power to curb the exorbitances of each other and for this end their two Estates of Lords and Commons were devised to curb the excess of Monarchs but in no wise to dethrone them The House of Commons never was a Court of Judicature it had a regative voice in the making of new Lawes and the chiefest hand in granting subsidies levying Taxes and imposing Customs on this Kingdom without whom the King and Lords could not proceed The original of the Subjects liberty came first out of Germany where saith Tacitus nec Regibus libera aut infinita potestas erat Kings had not unlimitted power but the weighty matters of the Realm were dispatched by general meetings of all Estates but it can never be found that the House of Commons was a Court of Judicature they are but the Peoples Trustees and this power they have that they have a negative voice in the making of a Law or imposing of any Taxes and herein is the great and vast liberty of the English Subject included that there can be no Law imposed on them but what their Representatives or Trustees in Parl shall agree unto and if after they have agreed unto a Law which proves inconvenient or not so effectual as was intended for the good of the People The next Session saith Fortescue Cancito reformari potest And thus the Laws of England in their framing are the best Laws in the World 3. And as the best in their frame and constitution so they are the best Laws in distribution for as all Estates have a hand in framing a Law so no Estate is exempted from observing of those Laws so that English Laws may truly be called Justice in the abstract for they do suum cuique tribu●re They give the King his due the Nobles their due and the Commons their due to each man from him that welds the Scepter to him that holds the Plough it gives him his right The Law sets the King above imprisonment or attainture by his Subjects by this Rule in Law nemo imprisonetur aut disvisietur nisi per judicium Legale parium Now all other men in the Kingdom may be tryed because there are to be found his Fellow-Subjects equal in all the priviledges of a Subject with him but a King take him either in his personal capacity or publick capacity he is no Subject of the Law indeed he is sworn to maintain and defend the Law The King is bound to maintain the Law by his Oath the form of which Oath runs thus You shall keep the Church of God the Clergy and People intirely in peace and concord in God according to your power The King answers I will keep them you shall cause equal and right justice in all your judgements and discretion in mercy and truth according to your power The King answers I will do it you shall grant just Laws and Customs to be kept and you shall promise that those shall be protected by you and to the lover of God to be strengthened which the common People shall choose according to their power To which the King answers I give and promise it This Oath the King takes at his Coronation viz. Parl. Rol. 1. Hen. 4. but in case he doth not so fully execute the Laws as is meete there can be no Judge legal of the King because he is a Monark and there cannot be Judges of the accesse of Monarchy for none can be found his equals and to judge him otherwise were to deny the Monarch what is granted to the meaner Subject which is to be judged by his equalls But though the Monark cannot be judged yet the instruments of that Monark may for a Commission from the King cannot bear out a Subject beyond Law the exorbitant Commands of such a Monak as our English Monark being politically powerless and if Authority fail in the supreme Power the instrument can have none from thence derived to him but must necessarily fall under the censure of the Law so that though the King is head of the