The title of kings proved to be jure devino and also that our royall soveraign, King Charles the II, is the right and lawful heir to the crown of England, and that the life of his father, Charles the First, was taken away unjustly, contrary to the common law, statute law, and all other lawes of England ; wherein is laid down several proofs both of Scripture and law, clearly and plainly discovering that there can be no full and free Parliament without a king and House of Lords / by W.P., Esq.

THE TITLE OF KING CHARLES Proved by LAVV.

1. Pet. 2. 17.

Fear God, Honour the King.

KINGS are Jure Divino, by Divine Right to be obeyed, and not by violent force of Subjects to be resisted, al∣though they act wickedly, Prov. 8. 15. By me Kings Reign, Dan. 2. 21. He removeth Kings and setteth up Kings, Prov. 16. 10. A Divine sentence is in the lips of the King. Prov. 21. 1. The Kings Heart is in the hand of the Lord. Job 34. 18. Is it fit to say to a King thou art wicked, and to Princes, ye are un∣godly, Prov. 24. 21. Fear thou the Lord and the King, and meddle not with them that are given to change. Eccl. 8. 2. I ••oun••el thee to keep the Kings Commandement, Exod. 22. 28. Thou shalt not speak evil of thy Prince, nor detract the Magistrate. 2. Pet. 2. 1••. Fear God, Honour the King. Eccles. 10. 20. Curse not the King, no not in thy thought, 1 Sam. 24. 6. The Lord forbid that I should ••o this thing unto my Master the Lords anointed, to stretch forth my hand against him, seeing he is the Lords anointed.

From which premisses none unless those who deny the Scri∣pture, can deny these consequences, that the Jura, regalia of Kings, are holden of Heaven, and cannot for any cause escheat to their Subjects: that active obedience is to be yielded to the King as Supream, in omnibus licitis, in all things lawfull. But if God for the punishment of a Nation, should set up a Tyrannical King, Se∣cundum voluntatem pravam non rationem rectam regentem, Govern∣ing by his depraved will against reason, and commanding things contrary to the word of God, we must not by force of Arms Rebel against him; but rather then so (if not prevailing by Petition un∣to him, or escaping by flight from him patiently subject to the lost of out lives and Estates, and in that case, arma nostra sunt preces nostrae, nec possimus, nec decemus aliter resister, our Prayers and tears should fight, and not our swords: for who can lift up his hand against the Lord anointed, and be guiltless? this in Scri∣pture we find practiced, by Gods people to Pharaoh, Exod. 5. 1. and the same People to Nebuchad-nezzar, a Tyrant, were com∣manded to perform obedience, and to pray for him, though there was no wickedness almost which he was not guilty of, his successor Darius, Daniel obeyed, and said O King live for ever, Dan. 6. 21. for now no private person hath with Ehud, Judg. 3. 31. Extraordi∣nary commandment from God to kill Princes, nor no personal Warrant from God, as all such persons had who attempted any thing against the Life even of Tyrants, nil sine prudenti fecit ra∣tione vetustas.

2. The King hath His Title to the Crown, and to His Kingly Office and Power, and by way of trust from the People, but by in∣herent Birth-right, immediately from God, nature and the Law, 1. Reg. Ja. 1. li. 7. 12. Calvins case.

3. The Law of Royal Goverment, is a Law Fundamental, 1. Pars Just. fo. 11.

4. The Kings Prerogative and the Subjects liberty are deter∣mined, and bounded by the Law: Bracton, fo. 134. Plowden, fo. 236. 237,

5. By Law no subjects can call their King in question, to answer for his actions, be they good or bad, Bracton, fo. 5. 6. if any one hath cause of action against the King (because there is no Writ runeth against him) his onely remedy is by supplication and Peti∣tion

to the King, that ye would vouchsafe to correct and amend thatwhich he hath done, which if he refuse to do, onely God is to revenge and punish him, which is punishment enough, no man ought to presume to dispute the Kings Actions, much lesse to re∣bell against him.

6. The King hath no superiour but the Almighty God; all His People are inferriour to him, he inferriour to none but God.

7. The King is caput reipublicae, the head of the Common∣wealth immediately under God. Finch. 81.

And therefore carrying Gods stamp and mark among men, and being as one may say a God upon earth, as God is a King in Hea∣ven, in a similitudinary sort given him. (Bracton, fo. 5. Cum fit dei vicarius, evidenter apparet ad similitudinem Jesu Christi, cujus vicesgeret in terris) that is to say—

• 1. Divine perfection:
• 2. Infinitness.
• 3. Majesty.
• 4. Soveraignty and Power.
• 5. Perpetuity.
• 6. Justice.
• 7. Truth.
• 8. Omniscience.

1. Divine perfection in the King no imperfect thing can be thought, no folly, negligence, infamy, stain or corruption of blood can be adjudged in him; So nullam tempus occurit reg••••.

2. Infinitnesse, the King in a manner is every where, and pre∣sent in all Coutts, and therefore it is that he cannot be non-suit, and that all Acts of Parliament that concern the King are general; and the Court must take notice without pleading them, for he is in all, and all have their part in him. Fitz. Urb. 21. H. 8. Br. tit. non-suit. 68.

3. Majesty, the King cannot take nor part from any thing, but by matter of record, and that is in respect of his Majesty, unlesse Chattle or the like; because, deminimis non curaet, lex, 5. Ed. 4. 7. 4. E. 6. 31. 2 H. 4. 7.

4. Soveraignty and Power, all the Land is holden of the King, no action lyeth against him, for who can command the King, he may compel his Subjects to go out of the Realm to War, hath absolute Power over all; for by a clause of non obstante, he may

dispense with a Satute, though the Statute say, such dispensation shall be meerly void, 7. E. 4. 17. ••. 1. Calvins case.

Bracton; Rex habet potestatem Jurisdictionem super omnes qui in regno suo sunt ea que sunt Jurisdictionis, & pa••is ad nullam pertinent nisi ad regiam dignitatem, habet etiam certionem, ut delinquentes paniat & ••••••••••at; And therefore ought to have the Militia.

5. Perpetulty, the King hath aperpetual succession, and never dieth; for in Law it is called the demise of the King, and there is no Inter-regnum, a gift to the King goeth to his Successors, though not named, for he is a Corporation of himself, and hath two ca∣pacities; (to wit) a natural body, in which he may inherit to any of his Ancestors, or purchase Lands to him, and the Holes of his body, which he shall r••tain, although he be afterwards removed from his Royal Estate; and a body Politick, in which he may pur∣chase to him and his Heirs Kings of England, or to him and his Suc∣cessors, yet both bodies make but one individual body. Plomden 213. 233. 242. li. 7. 12.

6. Justice, the King can do no wrong, therefore cannot be a disseisor, he is all Justice, veritas & justitia, saith Bracton, circa∣solium ejus, they are the two supporters that do hold up his Crown, he is medicus regni, pater patria, sponsus regni qui per annulum is espoused to his Realm at his Coronation, he is Gods Lieutenant, and is not able to do an unjust thing. 4. E. 4. 25. Potentia injuria est impotentia natura, his Ministers may offend, and therefore to be punished if the Laws are violated, but not he.

7. Truth the King shall never be stopped, Judgement finall in a Writ of right shall not conclude him. 18. E. 3. 38. 20. E. 3. Fitz. Droit. 15.

8. Omniscience, when the King licenceth expresly to aliente an abbot, &c. which is in mortmain, he needs not make any non abstante of the Statutes of mortmain, for it is apparant to be of the Law, and therefore shall not be intended misco••••sant of the Law, for praesumitur rex habere omnia Jura inscrinio pectoris sui. 2. Just. 99. and therefore ought to have a Negative voice in Parliament, for he is the Fountain of Justice from whence the Law sloweth.

High Treason can be committed against none, but the King, neither is any thing High Treason, but what is declared so to be by the Statute. 25. Ed. 3. c. 21. to leavy War against the King, to com∣passe or imagine his death, or the death of his Queen, or of his Eldest Son, to counterfeit his mony, or his great Seal, to impri∣son the King untill he agree to certain demands, to leavy War to alter Religion, or the Law, to remove Counsellours by Arms, or the King from his Counsellours, be they evil or good by arms, to seize the Kings Forts, Ports, Magazine of War, to depose the King, or to adhere to any State within or without the Kingdom, but the Kings Majesty, is High Treason, for which the offender have Judgement.

First, To be drawn to the gallows.

Secondly, There to be hanged by the neck, and cut down alive.

Thirdly, His intrals to be taken out of his belly, and he being alive to be burnt before him.

Fourthly, That his head should be cut off.

Fifthly, That his body should be cut in four parts.

Sixthly, That his head and his quarters should be put where the King the Lord pleaseth.

Post-script.

REader, take notice that in many places of this Brief Collecti∣on of the Lawes of England, touching the power of Kings, and their just Prerogative, by the word Parliament is meant the Rump, who have unjustly taken to themselves the name of Par∣liament contrary to the known Lawes of the Land, for there can be no full and free Parliament without a King and House of Lords.

FINIS.