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master_n earl_n king_n lord_n 6,406 5 4.2451 3 false
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A46942 An argument proving, that the abrogation of King James by the people of England from the regal throne, and the promotion of the Prince of Orange, one of the royal family, to throne of the kingdom in his stead, was according to the constitution of the English government, and prescribed by it in opposition to all the false and treacherous hypotheses, of usurpation, conquest, desertion, and of taking the powers that are upon content / by Samuel Johnson. Johnson, Samuel, 1649-1703. 1692 (1692) Wing J821; ESTC R2049 28,065 64

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very Reign And though this should be Scare-Crow-Doctrine to the Passive-Obedience-Men yet it is the Tenor of all Antiquity It is the Doctrine of the Mirror in very many places It is the Doctrine of the Sevententh Chapter of King Edward the Confessor's Laws It is the Sense of King Alfred's Stile Dei gratia benevolentia West-Saxonicae Gentis That he was King by the Favour of God and the Good-Will of the English Nation It is the Doctrine of the great Lawyers since the Norman Times as particularly Bracton Rex autem habet Superiorem Deum Item Legem per quam factus est Rex Item Curiam suam videlicet Comites Barones qui Comites dicuntur quasi Socii Regis qui habet Socium habet Magistrum ideo si Rex fuerit sine fraeno i. e. sine Lege debent ei fraenum ponere nisi ipsimet fuerint cum Rege sine fraeno tunc clamabunt subditi dicent Domine Ihesu Christe in chamo fraeno maxillas eorum constringe ad quos Dominus vocabo super eos gentem robustam longinquam ignotam cujus linguam ignorabunt quae destruet eos evellet radices eorum de terra a talibus judicabuntur quia subditos noluerunt juste judicare in fine ligatis Manibus Pedibus eorum mittet eos in caminum ignis tenebras exteriores ubi erit fletus stridor dentium Bracton Lib. 2. cap. 16. Sect. 3. The King hath three Superiors God and the Law by which he is made King and his Court namely the Earls and Barons because they are called Comites as being the Companions of the King and he that hath a Companion hath a Master and therefore if the King shall be unbridled that is Lawless they ought to bridle him unless they themselves with their King shall be unbridled and lawless too and then the Subject shall cry out and say Lord Jesus Christ hold in their Jaws with Bit and Bridle to whom the Lord shall say I will bring in upon them a Robustious and Foreign and unknown Nation whose Language they shall not understand Which Nation shall destroy them and shall pluck up the Roots of them from the Earth and by such they themselves shall be judged because they would not justly judg the English Subjects And in conclusion being bound Hand and Foot the Lord shall throw them into a Furnace of Fire and outer Darkness where there shall be weeping and gnashing of Teeth So that if the Parliament of England neglect to do their Duty in this Case in not restraining their King from Lawless and Arbitrary Courses They do it at their utmost Peril for they are threatned with Destruction for it in this World and will dearly answer it in the next I have here quoted a knocking Sentence of a Lord Chief Justice of England in the Time of Henry the Third four hundred and fifty Years ago whose Authority hath been so far valued by both Sides as to be strove for The Prerogative-Men quote such Sayings as these Rex non habet Parem in Regno suo quia Par in Parem non habet Imperium Nemo de Factis ejus praesumat disputare multo magis contra Factum ejus ire And in the very Context of the former large Quotation Item nec factum Regis nec Chartam potest quis judicare ita quod factum Domini Regis irritetur Now these and the like Sayings which are often to be met with in Bracton are to be understood concerning the ordinary Administration of Justice and not to limit the Transcendent Power of Parliaments which he has so fully display'd in this place and his Rule in other places where there is a new Case or any thing too weighty for the Judges is this Respectuetur ad Magnam Curiam which is the Key of Bracton's whole Book This Doctrine is agreeable to Fortescue who says That the People are the Fountain of Power in that Expression Rex à Populo Potestatem Effluxam habet And in another place he says That an Arbitrary Power to oppress the Subjects could not proceed from the People themselves and yet if it had not been from themselves such a King as the King of England could have had no manner of Power at all over them For the truth of it is it is a Contradiction to deny that all Civil Power is Originally in the People For what is Civil Power in English but the City's Power and derived from the Community And this either limited or enlarged as they please The Intention of the People as Fortescue tells us is the Heart-Blood of the Government and is the Primum Vividum in the Body Politick as the Heart is in the Body Natural And it is impossible to be otherwise The Nation must make their King for I am sure the King cannot make the Nation And as Sir William Temple very well observes The Basis of Governmen● is the People though the King be at the Top of it and to found the Government upon a King is to invert the Pyramid and set it upon the Pinacle where it will never stand This Doctrine is agreeable to the Original Contract which is in the Mirror of Iustice fol. 8. upon the Election of the First English Monarch which Contract is still continued in the Coronation Oath and the Oath of Allegiance Which Oath of Allegiance doth depend upon the King's taking the Coronation Oath first which was ever practised till the Reign of Henry the Fifth to whom Homage and Allegiance was sworn before he was Crown'd which was a singular Courtesy and done on presumption of the Goodness of his future Reign I might speak of the Curtana Sword the Power of the Lord High Steward and other great Officers of the Kingdom and draw all the Lines of the Government to this Center But I have been heretofore forc'd to destroy all the Reading of my whole Life with my own hands and have not since had Health enough to retrieve it and now a late Calamity hath fallen upon me that I can do nothing Only I must answer one Objection and that is That our Ancient Statute is not practicable for the King having the Prerogative of Calling and Dissolving Parliaments will never assemble them nor suffer them to sit for such a purpose But such an Objection as this betrays great Ignorance of the Constitution of English Parliaments We will allow that the King hath a Prerogative of Calling Parliaments but he hath no Prerogative of Not Calling them For not to mention our Right of having Stationary Parliaments not only Annual but Anniversary which sat down constantly at the Calends of May as appears by the Laws of William the First It is plain likewise that they were not dissolvable at Pleasure but that even as low as Henry the Fourth's Time Proclamation used to be made to know whether there were any Petitions that were to be answer'd in Parliament The first Abusion of