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A78285 The case stated touching the soveraign's prerogative and the peoples liberty, according to scripture, reason, and the consent of our ancestors. Humbly offered to the right honorable, General Monck, and the officers in the army. 1660 (1660) Wing C1205; Thomason E1017_40; ESTC R208218 3,658 8

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honour to the King as he ought except he be one that truly feareth God and none can truly fear God as he ought if he give not the honour due to his Prince whose Soveraign Prerogative is undoubtedly his as our Estates are ours and by as firm a Law Having spoken concerning the Kings Prerogative I shall now insist upon the Liberty of the Subject and shew how it is preserved from the Inundations of the Royal Prerogative in case of such Invasion The ancient Liberties of the People of England chiefly resided in their Freedom of Parliaments and being there so inviolably seated are secured unto the People by The Petition of Right Magna Charta and the grand Bulwark of the Laws These so providing for the Peoples Rights that though the King and Lords had their Negatives in making Laws yet no Tax might be imposed but by consent of the Commons nor any Law without them of such validity that the Ministers of Justice durst inforce the execution thereof And though indeed the King had the Power of making War yet he had not the Means and so it signified no more than giving him leave to fly if he could get wings He had a Sword but he alone could never draw it for the Trained-Bands were a Weapon which he decently wore but the Nation onely could use And the Power of relieving his Wants resting in the Commons must necessarily ballance the Power of his Will and oblige him to a correspondence with Parliaments The Soveraigns Prerogative and Subjects Liberty are an excellent strengthning of our Meum and Tuum in the world I conceive and conclude this Kingdom much happier if they go like Hippocrates Twins hand in hand It was a good speech though from a bad man I shall believe the Devil when he speaks truth This Kingdom will never be happy unless there be a right Understanding between the King and his People Yet certain it is the People never enjoyed grea●e● Immunities Priviledges and Encouragements in Trading both at home and abroad than under our Kings never more Mercy ex●●ted Justice administred Usurpations ●●bed Happiness lived under until too much Plenty and Wantonness 〈◊〉 in abhorrency of That the greatest part of the three Nations are now so passionate and impatient after knowing that as there hath been more Treasure squeezed out of them for sixteen years past than by all the Kings Princes and Queens of England foregoing so their ancient and undoubted Liberties were never more infringed that since they have made or suffered both their Kings Lords and Priests to be of the meanest of the People I should expatiate in these particulars but I refer the Reader to an ingenious piece entituled A Plea for limited Monarchy where the Subjects Liberty is more at large demonstrated and to Englands Faiths Defender vindicated viz. CHARLES II. Vpon the Kings PREROGATIVE and PERSON PRerogative and Person both were free From Subjects Malice and Malignity Till haughry Rebels illegitimate From true Obedience chang'd our setled State From Sacred Kingship leaving no Spark Of Light in Government All clouded dark Like the first Chaos full of dire Confusion No Spirit mov'd but that of strong Delusion Whose Hellish Breath drave us to Wars and Murther Ev'n of our Sacred Master Nay went further We Banish'd into Exile HIM whom now Upon our second thoughts we fain would bow Unto and Worship if he would permit Himself as Idol on His Throne to sit Which thing he hates For the Decree of God Ordains that Rebels ought to kiss the Rod. Therefore embrace your Sov'raign and Proclaim Him Lawful King and so blot out your Shame THE END
The Case stated Touching the SOVERAIGN'S PREROGATIVE AND THE Peoples Liberty According to Scripture Reason and the Consent of our Ancestors Humbly offered to the Right Honorable GENERAL MONCK And the OFFICERS in the ARMY Regi qui perfidus nulli fidus London Printed for Charles King 1660. The CASE stated Touching the SOVEREIGNS PREROGATIVE AND The Subjects Liberty TO plead precisely for the Soveraigns Prerogative is very necessary to be acquainted with the Subjects Liberty for otherwise like the counterfeit Mother the Child should be divided but not aright by which means I should incur the hazard of every Extreme and in stead of being free carried with a kinde of violence which would operate improperly therefore a sound and well-ordered judgement which is ever deliberate can never be conversant in such Extremes but is ever free to gives its true weight and measure to all Proceedings What barbarous Cruelties irreligious Policies and merciless Practises the late Rebellion hath brought forth I shall leave to others to discover whose distractions are fewer my present storm and Tempest of Misfortune having continued so long time that quocunque aspicio nihil est nisi pontus aer Yet because I infinitely dislike to be less than what a Subject ought to be and am a real lover of my Countrey and would have the Laws established and put in execution I will render to Caesar his due in opposition to the great disturbers of the true Peace and Tranquility of the Kingdom perswading my self I shall at one instant make two sorts of people glad In the first place it behoves the Subject to take notice That the Kings Authority is Jure Divino he is set over us by God himself he hath not his Reign or Crown by our favour for sayes God By me Kings Reign it is plainly not by us Yea by me Princes decree Justice and yet for all that some men will have a Court of Justice upon Earth above him though in that case the Scripture is plain and positive That were he never so wicked he is not to be dealt withall according to his deservings Jeremy 27.5 6 c. Where you may see how strictly God commands this proud Tyrant to be honoured for no other cause but because He had given him his Kingdom he obtained it therefore by Divine Decree which is is unlawful to violate the worst having been Established by the same Decree that the best Kings are To whomsoever the Kingdom is devolved he is certainly to be obeyed and as soon as he is advanced to Kingly Dignity God therein testifies he would have them Reign Behold the Israelites spoil'd of their Goods Houses and whatsoever was dear and near unto them led away into Exile not Exiling their Prince and miserable Bondage yet commanded by God himself to pray for the Conqueror not as we ought to pray for our Enemies but that the Kingdom may remain in Peace and Tranquility that they also might live prosperously under him Doubtless therefore the Duty of Subjects towards their King is not onely to speak honorably of him but to live and die for their King although the disobedience of Supreme Rebels have taught the inferior Juglings Impostures and meer Delusions The King is the Head of the People there is a Sacred and near relation betwixt them a disease or pain in the Head causeth a Dyscracy in the whole Body an Indisposition throughout the whole Members so that the Calamities of a King affect every honest man in his Kingdom Ammon was a most wicked and idolatrous Prince yet God punished the Treason of his Servants against him 2 Kings 21. Saint Ambrose unto Valentinian sayes Princeps Legibus solutus That the King is free from the power of the Law is a Maxime as old as Christianity that is from the penalties of it Laws have onely a Directive no Coercive Power over him Though not as a Moral man yet in his Politick Considerations he is above the Law Divino sunt judicio reservandi Reges Kings stand or fall unto their own Master GOD Satis est ad poenam quod Deum habeamus ultorem It is sufficient that God will punish their Crimes he is the onely Judge See the Spirit of David against Saul he refers his injuries to be remedied by the high Court of Justice 1 Samuel 24.12 How is the Happiness of a Kingdom twisted with the welfare of a Religious King How close doth the Ruine of a People follow the losse of a pious Prince A good King is a Rampire and Security unto his Kingdom that being slighted the destruction is easily undertaken Foelices nimium bon● si sua norint But who so apt to undermine these their own Fortifications as the People themselves A King in his Kingdom is Sole Deo minor and therefore above his Subjects Kings are Nursing Fathers Queens are Nursing Mothers the onely righteous Justicers Protectors and Conservators of our Liberty and Safety Does not Paul and shall others think themselves wiser bid the people obey Nero the bloody Tyrant for Conscience sake an Idolatrous Persecutor as the King of Babel was so that Preces lachrymae sunt arma Ecclesiae not to put him to death not to try him Judicially the whole Scripture affording no instance or example for such Actions but the contrary Princes are like the Bond of Wedlock once make them the Fathers of our Countrey and we take them for better for worse We may perswade them we cannot compel them without breach of Divine Precepts once let them be the Lords Anointed and it is Sacriledge to touch them I mean unfittingly The Common People made Caesars but being once made it was utterly our of their power to unmake them again nothing could do it but Death And if a King should break an Oath made by him to his People for a right governing according to his Laws yet under favour his breach quitteth not his Subjects of their Allegiance And if this stand not for a Truth for my part I do not know by what Principle any man can walk for destroy but this Foundation and then your Anti-governists will alwayes finde starting holes upon the least discontent to shake off that Yoke which is undoubtedly laid upon every Subject as a necessary Tye of their Obedience and Loyalty to their Soveraign and that even as they tender the peace and quiet of a good Conscience For though God permitted the people to work Treason against King Amaziah because it is there exprest He turned away from the Lord his God yet I trust no man can deny but that it was Treason still in the People So that Princes though they be Nero's and Caligula's are not to be rebelled against neither by the Real Sword nor by the Metaphorical one the Tongue that is neither by Speech nor Action It is not for nought that the Apostle doth so inseparably knit those two together Fear God Honour the King as if he should have said None can give that