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 [Page 4]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 [Page 5]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 [Page 6]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 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 [Page 7]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.

Ʋpon 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.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.