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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91601 Questions resolved, and propositions tending to accommodation and agreement betweene the king being the royall head, and both Houses of Parliament being the representative body of the Kingdome of England. 1642 (1642) Wing Q186; Thomason E118_38; ESTC R11505 12,437 16

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ignorant of the true State and quality of the kingdome of England after the old triple distinction of Empire written by Bartolus and Baldus the best Civilian Doctors viz. That there is Imperium merum and Imperium mixtum cum Jurisdictione and that in some places there is onely Jurisdictio sine imperio as is the state of the Low Countries and other Aristocraticall and Democraticall Governments whereof the first i.e. Merum Imperium was the Romane Empire gotten meerely by the sword and for the most part kept by the sword according to the saying of Justin the Historian in the beginning of his Booke Imperium iisdem modis tenetur quibus paratur And by that Empire Principis placitum legis babet vigorem As Justinian in the first of his Institutes mentioneth The second i.e. Mixtum Imperium cum jurisdictione is the Crowne or Kingly power of England Monarchichall indeed for Rex in solio is sine paci But in Parliamento or Concilio regendi he hath Pares Regni i.e. Peeres so dignifyed by him and honoured from the Fountaine of his Majesties Honour And he hath also the Communitatem Populi which the blessed and ever prosperous Queene Elizabeth accounted sibi preciosissimam And all these three States of King Peeres and Commons were happily Conjunct and preserved together by the ligaments of the ancient Lawes of the Land and Priviledges of Parliament which Lawes and Priviledges were never subjugated by any conquest but ever over-lived the change of Kings and appeased force and induced Kings into their setled Reignes here According as that learned Chiefe Justice Sir Edward Coke was bold in presence to tell his Majesty the late King James of famous memory That the Law set the Crowne upon his head Whereat his Majesty seemed angry but was so prudent and wise as not to be so And the old learned Bracton that wrote like as he was a studyed Civilian as well as a Judge of the Common Law in King Henry the second his time adviseth every King of this Land in these words Id tribuat Rex Legi quod Lex attribuit ei Which two maine points or Principles in this present state of England that is to say the Church Government established with the true Protestant faith and Religion and the free Regall power qualifyed with the Naturall and Nationall Lawes of this Land the untouched Priviledges of Parliament and the Rites and Liberties of the people being not onely Cordially professed and protested by his Majesty but secured by the high wisedome and care of the Peeres and Commons and his Majesty joyously returning to his beloved Parliament May it please the Almighty God of his infinite goodnesse so to inspire both King and Peeres and Commons with his Divine grace that Anarchy and Dissolution of Church Government be avoyded and prevented by due restraint and correction of all Sectaries and Schismatickes Brownists Anabaptists c. Who in truth if they might obtaine their fanaticke intents would have no King at all over them on Earth nor Church or materiall Churches But in rapture of the Spirit would fly up to Heaven for the Judaicke King and in the meane time would hold their Church and Conventicles in the Aire or Woods or Barnes or Stables or in their owne holy breasts whereas though Christ himselfe said his kingdome was not of this world yet he taught his Disciples that in this world they should obey Kings as of Gods ordinance and be tributary to them Date Caesari quae sunt Caesaris And that no conceit of any popular or plebeian sway in this Land be in any true English heart But that the Members of both Houses may so prepare good and wholesome Lawes for the Church as may quite extirpate Popery and prevent Schismes and all rendings or divisions of Christ his seamelesse garment of unity of the Spirit to be fast girt with the bond of Peace And for the Common-wealth that never hereafter there be any more Inrodes upon the Lawes priviledges or Liberties of free English men That finally God may be truely honoured and purely served and worshipped his holy Word rightly dispensed and his Sacraments duely and decently administred And then his Heavenly blessings will undoubtedly showre downe upon this little Isle of Great Britaine and the words and wishes of an Ingenious Votary may be fulfilled Long live King Charles and leave Brave Britaine to his Sonne And he to his and they to theirs Vntill the world be done In this Treatise may be discovered and noted six sorts of malignant parties against this unity of King and Parliament and the happy effects and fruits thereof Whose Corrections or Reformation if it so please God the King and Parliament may be as followeth 1. All Papists Priests and Lay who certainly in their secret dispositions whatsoever they make shew of are against King and Church of England and do plot and practise the advancement of Popish religion and Church and to bring in againe that forreine usurped power of the Pope Supra Reges which is banished and abolished by the Statute 1. Eliz. These may and ought to have the Law and Statutes of the Realme put in execution against them and more severe if neede bee to compell them to come to Church and receive the Communion which if they will doe then let them not be branded with a name of Church Papist so to deterre them and drive them out againe 2. All papal affected Bishops and Clergy who though they contrariwise to the Papist Priests profer to obey Kings yet in their hearts could wish the Clergy to be separate from the Kingly Authority and Temporall Law but to beate downe Law and Priviledges of Parliament doe Hyperbolically exalt and extoll the Monarchicall Arbitrary power of the King as above and solute of all Law and responsall onely to God These must know their error and ignorance in their Tenets of Kingly power and government within this Realme and be told by Sir Edward Coke if he were living that never any man in England kicked his heele against the Lawes of the Land but in fine the Law brake his necke and let these Hierarchical Bishops be corrected of their superbity and reformed in their superiority and domination in the Church and their worldly mindednesse in Country and Commonwealth as please the King and Parliament 3. All Court flatterers and Royalists who daily in their affections and discourses maintaine absolute and Prerogative power in the King to grant by his Letters Patents what and how he will above the Lawes and Statutes and would have Proclamations to be Lawes that so they might have Monopolies and projects to serve their turne These weake men of Learning for the most part in the deepe points of Law and policy must be taught to wait on the King their Master with all diligent service and attendance and leave off their discourses of Kingly Authority and of Parliamentall Priviledges and force of Lawes and content themselves henceforth with the King their Masters reward of their service without peeling or preying on the people with their Monopolies and Projects 4. All Cavaliers Captaines and Martiall men who desire warre and tumult and disturbance in the Land and Commonwealth that so they may have rapine and spoyle These must be sent into forreine parts where they may freely have and take their rapine and spoyle upon forreine Enemies and not to rake the bowels and baggs of their owne Countrymen And there also they may gaine honour by valour which here is not to be used 5. All Sectaries and Schismatickes of the Church who disaffect government either Royall or Ecclefiastique These must learne to Conforme themselves to the uniformity of the Church and to obey and submit themselves to their lawfull King who is the Lords Anoynted and set over them by his divine Ordinance 6. All popular and plebeian Humorists who do affect and desire Democracy which they terme or call a Free state and by their leaves be it said they would have neither this King nor his posterity nor any King to sit on the Throne These must be put in minde or made to know that Monarchy qualified by Law is the best Government As the old Poet Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so all the best learned Authors writing of States and Policy do affirme and conclude and the ancient Histories of England do shew that here was ever one or more Kings But this Land never more flourished then since it hath beene now these six or seven hundred yeeres under one Christian King ruling according to the ancient Lawes Usages and Customes of the Land FINIS