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prince_n king_n law_n prerogative_n 2,294 5 10.0658 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A30053 The people's right to election, or, Alteration of goverment [sic] in Connecticut argued in a letter / by Gershom Bulkeley ...; together with a letter to the said Bulkeley from a friend of his in the Bay ; to which is added, The writing delivered to James Russell of Charlestown Esq. warning him and others concerned not to meet to hold a court at Cambridge within the county of Middlesex by Thomas Greaves ... ; and also his answer to Mr. Broadstreete and the gentlemen mett at the Town-house in Boston concerning the same. Bulkeley, Gershom, 1636-1713.; Friends of his in the Bay.; Greaves, Thomas. 1689 (1689) Wing B5401; ESTC R3337 14,979 18

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upon the King as he may upon his Fellow subject much losse may he enter-upon the King by Force I do not now enter upon that Question How far those that are by and under the King entrusted with publick Power and Office for the defence of the Lawes and the Libertyes of the Subject may in case use force for that end and the people under them at their Call and Command This is another Question and not our case and those that desire satisfaction may consult those that have written weightily upon that Subject It is one thing to defend the Lawes and Liberties of the Subject This some think some may do and this defends the Government But it is another thing to subvert change take possession of the Government it self this none may do And tho' some may say But the Government is illegally taken into the Kings hand and it is one of our great Liberties I shall say something to that by and by Therefore to let that Question passe untoucht I said that the Subject may not enter upon the King with force now you cannot enter upon the King in point of Government but it is with force for all power of Government implies force antecedent for the setting of it up and concomitant for the Support and Defence of it and partly because you cannot do it in this way of Election without Multitude which is Force in the judgment of the Law aswell as Manus armatae or Force of Armes so that if you do it it must necessarily be done with force now to enter upon the King in point of Government with Force what is it but to invade the Crown And Kings do account their Heads Crownes to be very neare each to other and that he that attempts against the one attempts against the other This Affaire therefore doth touch the Crowne and nearly concerne your Allegiance and is worthy to be well considered for it is of dangerous consequence 't is dangerous to those that shall Choose and be Chosen and Accept dangerous to all that shall any waies contrive counsell abett or conceale tho here is hardly room for Concealing A Citty set on a Hill cannot be hid and these things cannot be done in a Corner 't is dangerous to your selves and Posterity yea dangerous to us all and doth require more skill in Law and state affaires than is very common among us to make the way plain to a safe proceeding in it for I cannot find that the Law doth use any softer Language concerning such Actions than that of Tumults Insurrection rebellious Riots Sedition Rebellion Treason c. Gentlemen I hope you will be carefull to keep at a due distance from such things which are wont to be Bitternesse in the end 'T is an easy matter to run too farr And the work is wont to be made of such things when they come to Tryall Fourthly You may here consider that the Government was not taken into the Kings hand without your own Submission and some sort at least of Consent whence possibly there was not so much Illegality in that proceeding as some do imagine I was not personally acquainted with those Transactions and therefore cannot undertake much in this but this I suppose will not be denied that if parties be at Law whether King and subject or subject and subject and instead of standing a Tryal they agree upon Conditions and the Conditions are performed and so the Action be let fall this is not illegall and if afterwards either party be sensible of inconveniency will it be fair and honest for him to say it was illegall thereupon breake his Agreement The Inhabitant of the Holy Hill swears to his own hurt and changeth not You were at Law with the King and its like you thought it would be a great Charge to maintaine the Action and it might go against you at last you should be annexed to Yorke and hereupon you submit to the Kings Wisdome and pleasure begging that you may be annexed to the Bay the King performs this condition and le ts fall his Action Demands the Government and you yield it up to him if now you finde it prejudiciall you must lay your hand upon your mouth and not take it again by force We must not think to leave and take when we please Fifthly None are allowed by the Law to be Judges in their own Case no not the King himself But if you proceed in this manner you take upon you in your own case to judge the King to condemn and take possession which in reason will never be borne for Princes are as tender of their Prerogative as Subjects can be of their Liberties But to abate the Force of these Considerations some say We heare there is no King Regall Power is Extinct c. I answer t is no pleasant Objection or Subject to speak to but yet the Necessity of the present time seems to require a word or two to prevent these unwise and unwary speeches which do not become Subjects Therefore I say first That Rumours are but a sandy foundation to ground such assertions or to change build Government upon we have yet nothing of Record concerning the King. 2. This doth not help our case at all for if it were indeed so that the Sceptre were departed you have then nothing to do with the Patent T is onely the King's Governour and Company that hath interest in the Patent and the King grants it onely for Himselfe his Heires and Successours if there be none of these your Patent and Estate in it are expired without any more to do But 3 ly The King is a Royall Body politick which hath Succession whereby the Crown passeth not onely to heires by Blood but to Successours also in which respect it is said That in Judgement of Law The KING never dyes There is therefore allwaies a King. But others say What shall we do there is no Government the Governour who is the Head of it is imprisoned and hath Surrendred his Government I answer It is a very great Errour and proceeds from ignorance to think that there is no Government it containes so many inconveniencies mischiefs in it as it is not safe to mention them so long as there is any supream power there must needs be a Government 2. The Governour is not the Head of the Government but the King. And the Government is not his propperly and originally but the King 's The Governour is but a Minister of the King in the Government which Ministry it is said he hath surrendred to be secured and be disposed of by Orders that shall be received from the Crown of England It will not become us to prevent these Orders and dispose of the Government otherwise our selves but to acknowledge our Subjection to that Crown as our Neighbours would do well to do 3. The Commissions of the Judges and Justices of the severall Counties the Execution whereof is no small