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A52382 Vox populi, fax populi, or, A discovery of an impudent cheat and forgery put upon the people of England by Elephant Smith, and his author of Vox populi thereby endeavoring to instill the poysonous principles of rebellion into the minds of His Majesties subjects : humbly recommended to all loyal subjects and true Englishmen. Nalson, John, 1638?-1686. 1681 (1681) Wing N121; ESTC R11667 7,969 16

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his Majesty has not ruled well in those many surprizing and astonishing Prorogations and Dissolutions and when it is positively affirmed That not to suffer Parliaments to sit to answer the great ends for which they were Instituted is expresly contrary to Common Law and to the Law of God of Nature and a violence offered to the Government an Infringment of the Peoples fundamental Rights and tends to the breaking of the Government and introducing Arbitrary Power p. 5 6. 4. That the King and his Predecessors Power of Proroguing and Dissolving Parliaments is only an Argument a facto ad Jus and not concluding their having done so or doing so doth not create a Right which is in plain English to say This Prerogative is an Usurpation and by clear Consequence strikes directly at the King as an oppressor which before he has told us does Unking him and make him a Tyrant pag. 13. 5. That according to Magna Charta Nulli negabimus the King ought to have no Negative Voice or to deny passing such Bills as the Peoples needs call for This is a short Abstract of this Vox Topuli But can you imagin whence this Godly Piece was borrowed to be presented to the King and Parliament for a New Mirror of Justice and Model of Government from a very Celebrated Authority I assure you no worse Man than the English Pilate the scarlet villain Bradshaw's Reports Charles the First his Case and Mr. Solicitor Cooke who was hang'd drawn and quarter'd for his pains as his Master would have been if the Devil had not saved the Hangman the Labour The Charge of the Commons of England against Charles Stuart c. There 's his Title Vox Populi That the said Charles Stuart being admitted King of England there 's his first Maxim that the Law makes the King and therein trusted with a limited Power and by his Trust Oath and Office being obliged to use the Power committed to him for the Good of the People and for Preservation of their Rights and Liberties yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannycal Power to rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all Redress and Remedy of Misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Rights and Power of frequent and successive Parliaments or National Meeting He the said Charles Stuart c. Here is the sum and substance of Vox Populi which I leave to the Reader to compare to save him the expence of Money and my self of time And is not this a very pretty Looking Glass to present to a King and Parliament at Oxford wherein the King is arraign'd of Misgoverning Proroguing Dissolving c. as indeed his two Sheets are nothing else but this Compendium beaten a little Thinner But that I may give some account to the People whom this Mr. Vox will needs represent though he was never chosen by them and they have other Representatives at Oxon who will not be pleased with his Usurpation upon their Rights and Priviledges In Answer to his First Thesis That the Law makes the King First It is contrary to express Scripture By me Kings reign the Powers that be are ordaind of God 2. It is against the Law of Reason and Nature Causa est prior Causato the Cause must be before the Effect and by consequence the Kings who are Law-Makers before the Laws 3. It is against the Civil Law as it were easie to instance in a thousand places Take one or two that are at hand Sacrilegii instar est Rescripta Principis obviare Vnde ipse Legibus Civilibus non astringitur nam in omnibus Imperatoris excipitur Fortuna cui ipsas Leges Deus subjecit Zouch Pars 4. Sect. 4. De Jure Principis It is a kind of Sacriledge says he to disobey the Commands of the Prince though he himself is not confined by the Laws for in all things the Prerogative Royal is excepted to him to whom God hath subjected the Laws Licet legibus soluti simus attament Legibus vivimus Just 2.17 a. Though the Emperor be free yet he lives according to Laws And as his Most Excellent Majesty in his late Speech to the Parliament at Oxon assures his People in these Words I conclude with this one Advice to you That the Rules and Measures of all your Votes may be the known and established Laws of the Land which neither can nor ought to be departed from nor changed but by Act of Parliament and I may the more reasonably require that you make the Laws of the Land Your Rule because I am resolved they shall be Mine A Resolution worthy so Great and Good a Prince and which will sure be satisfactory to all Loyal Subjects and is alone an Answer to Mr. Vox Populi And to convince Mr. Vox Populi with an Argument ad Hominem If the King be not above the Laws which he cannot be if he be their Creature what will become of him for a Pardon which if he and his friends do not procure indeed Mr. Vox Populi is in danger of having his Singing spoiled by the Laws for being guilty of Colemanism and turning Secretary of State before his time The Crimen laesae Majestatis which I think if the King will not the Law cannot pardon To his great Authority of Bracton I oppose the no Learned and Famous Sir Walter Raleigh whose words a Commentary upon Bracton are these Whereas there are two Powers of the Law the one Directive the other Coactive to the Power Directive Kings ought to be subject but not to that which Constraineth For as touching Violence or Punishment no man is bound to give a prejudicial Judgement against himself And if Equals have not Power over each other much less have Inferiors over their Superiors from whom they receive their Authority and Strength The Prince adds he is so much above the Laws as the Soul and Body united is above a dead and senseless Carcase for the King is truly called Jus vivum Lex animata an animate and living Law But this is true that by giving Authority to Laws Princes both add greatness to themselves and conserve it and therefore was it said of Bracton Meritò debet Rex c. But whereas Bracton ascribeth this Power to the Human Law he is therein mistaken for Kings are made by God and Laws Divine and by Human Laws only declared to be Kings Raleighs Hist Lib. 2. part 1. c. 4. num 16. And in another place Bracton explains himself and puts the Case If the King should do injury what is to be done and tells us If upon humble petitioning he cannot be brought to alter his mind he is to be left to God almighty Cum Superiorem non habeat nisi Deum c. Having no other Superior
Vox Populi Fax Populi OR A Discovery of an Impudent CHEAT AND FORGERY Put upon the People of ENGLAND by ELEPHANT SMITH and his Author of VOX POPVLI Thereby Endeavoring to instill the Poysonous Principles of Rebellion into the Minds of His Majesties Subjects Humbly Recommended to all Loyal Subjects and True Englishmen Nemo quidem de factis suis praesumat disputare multo fortiù contra factum suum venire Bracton Lib. 1. c. 8 nu 5. De Dignitate Regis In Solomons English My Son fear thou God and the King and meddle not with them that are given to Change for their Calamity shall arise suddenly and who knoweth the Ruin of them both Prov. 24. v. 21 22. LONDON Printed by S. R. for Benj. Tooke at the Ship St. Paul's Church-yard 1681. Vox Populi Fax Populi OR A Discovery of an Impudent Cheat and Forgery put upon the People of England by Elephant Smith and his Author of Vox Populi c. THere is nothing more self-evident and apparent than that the poysonous Dregs and Lees of the late horrid and unnatural Rebellion begin again to rise and put the Nation into a Ferment and yet men must not be allowed to speak but presently their Mouths must be stopt with the Reproach of Tories if they be Laymen and Tantivies if they be Ecclesiasticks And Fourty One and Fourty Eight must by no means be named for fear of disuniting Protestants I cannot tell what Union they mean but if this Paper be the true Sence of the dissenting Protestants they seem but too closely united already against the Government and with their predecessors who actually levell'd the Church and State with the Ground and by the same Principles and pretences of this Paper which is but the Commonwealth of England drawn in Miniature by a Cunning Hand and his Vox Populi an Eccho of the last Barbarous Civil War But that which was most surprizing was to see it Fronted with an Humbly recommended to the King and Parliament at their Meeting at Oxford the 21. of March though I doubt not to make him I cannot hope to blush but ashamed of his Present before we part unless he be of the Metal of that Sinner of David's Psal 50. v. 19 20 21. Thou givest thy Mouth to evil and thy Tongue frameth Deceit Thou sittest and speakest against thy Brother thou slanderest thine own Mothers Son These things hast thou done and I kept silence and thou thoughtest I was altogether such a one as thy self And then comes in a Scrap of Bracton which has been boyled into Crambe in the Pipkin of the Commonwealth with the Sons of the Prophets Death in the Pot and yet is but a piece of Justinian quoted by Bracton to serve another purpose than our Scribler intends as he knows it if he knows any thing besides the Art beyond that of Madam Brinvillers of poysoning Mens Souls as well as Bodies But why he should bring in the Scripture of removing the Land-Mark I cannot imagin unless to wrest it to his own damnation as the Unstable do since nothing is more evident than that the Principles of his Book did not only remove the ancient Bounds and Land-Marks but the true Possessors of the Lands a far greater Sin sure and slew the Heir that they might possess the Inheritance He begins with the Popish Plot which is the only popular and taking prologue but yet by his favour he does not seem to believe it all or if he does he seems to be an Actor if not a Contriver in it for the Original Narrative acquaints us pag. 64. That the Royal Family of the Stuarts are condemned to be cut oft Root and Branch and namely the King the Duke of York and the Prince of Orange and this was to be effected by disaffecting the Kings best Friends and Subjects against his Person and Government charging him with Tyranny and Designs of Oppression Governing by the Sword and without Parliaments And this was to be done by false Intelligencers and Seditious Preachers in private or publick Conventicles Look here the Author and the Publisher For compare Vox Topuli and Frank Smith the Anabaptist Preacher in Vox Populi pag. 1. And you shall see they are a perfect Tally and notch exactly For says he so prevalent has this Interest been under so potent a Head as the D. of Y. as to stiffle in the Birth all those hopeful Parliament Endeavours by those many surprizing and astonishing Prorogations and Dissolutions which they have procured This was not at all designed to resfect upon his Majesty to disaffect the Subjects I warrant you no not for the World Mr. Vox Populi had never such a thought Good Man I know some persons will presently stumble at the Threshold and cry out A Papist a Yorkist according to the breeding and manners of the Time as if a man could not honor the Duke as Son of the Martyr and Brother to our Gracious Sovereign and yet hate Popery with more ease than the old Commonwealths Men divided the Person from the King To these I have only this to say I would desire them seriously to consider how far the Intention of some People may carry on the Design of Rooting out the Family of the Stuarts sworn to be Part of the Popish Plot the Duke being one Branch of the Family and as the matter has bee managed by the Intelligencers of the Nation all the Lords Spiritual the greatest part of the Lords Temporal All the Churchmen and Loyal Gentry are declared Adherents to the Duke and if it were time of day to speak English you should have Vox Populi go to the end on t Now the Duke cannot be laid aside but his Adherents must be so too and then the Management of all must come to the hands of those Loyall Dissenters who about 50000 strong attended the King at Worcester which was a very Extraordinary Guard I have no design to multiply words to no purpose and therefore will not quarrel with every thing he says though I confess he has so mingled Poyson and Antidote Truth and Malice Falshood and Artifice that there is scarce a Line in his two Sheets that is not lyable to Exception I own the Excellent Constitution of an English Parliament and honour it with all the becoming Veneration of a Subject born in England a Lover of Liberty a sincere Protestant according to the Excellent Doctrine of the Church of England as now it stands and one that hopes to enjoy the Advantages of the well tempered Government here and the Happiness promised by the Reformed Religion hereafter but I hate and abhor all Usurpations and more especially those of the Late Commonwealth Rebels which I find summed up by Mr. Vox Populi under these Heads 1. That the Law makes the King Title Page 2. That the King is only a King while he rules well but a Tyrant when he oppresses Pag. 2. 3. Especially when it comes in with an Innuendo that