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A89552 The just measure of a personall treatie between the Kings Majesty, and both Houses of Parliament. Grounded on divinity, reason, history, divine and humane, common and civill lawes; with many other authentick authors. By R.M. of the middle Temple, Esquire. R. M., of the Middle Temple, Esquire. 1648 (1648) Wing M72; Thomason E451_40; ESTC R202844 16,371 20

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si deceptus fuerit Just wars may be waged not onely where a man is opprest by force or plunder of all he hath but also where he hath been cheated and cozened have any people under heaven been so cheated and cozened as the people of this nation have been cheated and cozened by those that usurp the present Government Did they not at first so creep and insinuate themselves into the affections of the people give out that they would make his Majesty the most potent rich and glorious King in Christendome that they would make the people a mighty wealthy and flourishing people that they would reforme all the abuses both in Church and State and settle the three Kingdomes in a firme and lasting peace and have they not contrary to all their promises Protestations and Declarations to this purpose imprisoned his Majesties sacred person deprived him of his power robbed him of his Royall revenue and as much as in them lay sought to weaken his Majesties reputation both with his allies abroad amongst forraine Nations Princes at home amongst all his Subjects of his three Kingdomes Have they not instead of making the people of this Land a flourishing wealthy people weakned them with a long barbarous and civill Warre exhausted them with Contributions loaden them with Taxes polled them with Excize and benevolences wearied them with continuall Impositions and almost lost the reputation of the Nation in all forraigne parts Have they not instead of reforming the abuses in Church and State almost destroyed both instead of Monarchy brought in an Anarchy in the State and instead of unity and uniformity in the Church let in accursed Heresie ugly multiformity and fantasticall unstable Independency Nay I might say almost Turcisme or Atheisme And to conclude instead of setling the peace of the three Kingdoms have they not though petitioned thereunto by many Counties refused to restore His Majestie to disband their Army by which they resolve to govern and conquer the Kingdome to keep the people in thraldome all their lives yea and cut the throats of all such as shall come to Petition them as they did Surrey-mens and doe they not now make war upon Kent and Essex in order to these ends Let this be denied by any sober and indifferent man if he can and being granted I conclude infallibly upon all the rules grounds aforesaid that it is lawful both for the Prince people if they shall deny His Majestie a personall Treaty so qualified as aforesaid to make warre against them and that such a warre is just Sapienti Sal. in orar ad Caesar est saith Salust pacis causâ bellum gerere wise men make warre to obtaine peace and S. Augustine o Aug Ep. 1. ad Bonifac Non pacem quari ut bellum exerceatur sed bellum geri ut pax acquiratur men must not seek peace to the end they may exercise warre but men must make warre that peace may be obtained And to deale candidly with the world in this point mine owne private opinion is that a good and firme peace can never be obtained in this Kingdome without a vigorous war well prosecuted on his Majesties behalfe That by the Lawes of God of nature and of England the Subjects of England are bound to rise and joyne in Armes for the rescue and relief of the King out of prison and to follow the Prince or any other of the Kings Subjects or friends that shall take Armes for the King and lead an Army to that purpose notwithstanding that they have not the Kings actuall Commission FOr Subjects to imprison their King it 's against all Laws especially the Laws of England and not only an injury to the Person of the King but the greatest prejudice that may bee to the right and interest of the Subject for since the Lawes doe tell us that a Hobarts Reports p. 218. Rex est centrum stabilimentum justitiae the King is the Center and support of justice b Plow Com. 242. 12. H. 7. f. 17. and that all administration of justice is both derived from him and belongs to him originally c Case de pen. Statutis Cooks Repor and is inseparable from him since the King is d Beverleyes case Cooks 4. Reports so 124. Caput salus reipublicae à Capite bona valetudo transit in omnes the head and health of the Commonwealth and from this head the health of all the people is derived e Calvins case 7. par Cooks Reports since that all protection of the people must come from the King and none other can protect the Subjects of the Kingdome but the King alone f Hobarts Reports f. 112. since the Law tells us that the reformation of all wrongs and injuries done to the people belongs to the King g Plow Com. 268. since the King is the chiefe Captaine of Chivalry within the Kingdome h Cooks Com. sur Littleton f. 75 76. Calvins case ubi supra since that the Militia doth wholly belong unto him and hath so done to his Royall Progenitors ever sithence the raigne of King Edward the Confessor i Cooks Inst 3. par f 160. 201. Stat. of Northampton ● E. 3. c. 13. and that no men may arme themselves in this Kingdome without the Kings assent k Cooks Instit 4. par p. 91. since that the King is subject to none within this realme since that the Law speakes it l Hobarts Reports that accesse to the King may not be shut up from the Subjects m Cooks Instit 4. par p. 93. which to do is a great presumption since as Fortescue saith n Fortescue c. 13. Rex ad tutelam legis corporum bonorum erectus est the King is ordeined for the preservation and defence of the Lawes and of mens bodies and goods and as Bracton notes o Bracton l. 2. p. 55. ch 24. Bract. l. 3. de astionibus Vt populus sibi traditus à Deo in pace sileat quiescat nè quis alterum verberet vel malè tractet nè quis alienam rem per vim vel per roberiam auferet vel asportet nè quis hominem mahemiet vel occidat That the people committed unto him by God may rest in peace and quiet that one beat not nor evill intreat another nor take and carry away another mans goods by force or robbery now called plunder nor that any one of them kill and maime another and since as the same Author saith * Bract l. 2 ubi supra Rex habet c. the King hath all rights in his hand which belong unto the Crown all temporall power that is the Militia or the power over the people and the materiall Sword which is necessary to the Government of the Kingdome and since that the King hath the only Jurisdiction of Judgement within this Kingdome that thereby as the Minister and Vicar or