The Title of Kings Jure Divino
The source for this document is https://quod.lib.umich.edu/e/eebo/A70874.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
The Title of KINGS PROVED TO BE JVRE DEVINO.
AND ALSO That our Royal Sovereign 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 Laws 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 LORD'S.
By W. P. Esq
LONDON, Printed for Nehemiah Price, and are to be sold at the Royal Exchange in Cornhill. 1660.
THE TITLE OF KING CHARLES Proved by LAW.
1. Pet. 2. 17.
Fear God, Honor the King.
KINGS are Jure Divino, by Divine Right to be obeyed, and not by violent force of Subjects to be resisted, although 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 ungodly, Prov. 24. 21. Fear thou the Lord and the King, and meddle not with them that are given to change. Eccl. 8. 2. I • own • el thee to keep the Kings Commandment, Exod. 22. 28. Thou shalt not speak evil of thy Prince, nor detract the Magistrate. 2. Pet. 2. 1 • . Fear God, Honor 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 Lord's anointed, to stretch forth my hand against him, seeing he is the Lord's anointed.
From which premisses none unless those who deny the Scripture, 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 Supreme, in omnibus licitis, in all things lawful. But if God for the punishment of a Nation, should set up a Tyrannical King, Secundum voluntatem pravam non rationem rectam regentem, Governing 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 unto 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 Scripture we find practiced, by God's people to Pharaoh, Exod. 5. 1. and the same People to Nebuchad-nezzar, a Tyrant, were commanded 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 forever, Dan. 6. 21. for now no private person hath with Ehud, Judge. 3. 31. Extraordinary 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 ration 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 inherent Birth-right, immediately from God, nature and the Law, 1. Reg. Ja. 1. li. 7. 12. Calvin's 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 determined, 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 only remedy is by supplication and Petition to the King, that ye would vouchsafe to correct and amend thatwhich he hath done, which if he refuse to do, only God is to revenge and punish him, which is punishment enough, no man ought to presume to dispute the Kings Actions, much less to rebel against him.
6. The King hath no superior 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 Commonwealth immediately under God. Finch. 81.
And therefore carrying God's stamp and mark among men, and being as one may say a God upon earth, as God is a King in Heaven, 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. Sovereignty 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 everywhere, and present 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 anything, but by matter of record, and that is in respect of his Majesty, unless Chattle or the like; because, deminimis non curaet, lex, 5. Ed. 4. 7. 4. E. 6. 31. 2 H. 4. 7.
4. Sovereignty and Power, all the Land is holden of the King, no action lieth 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 merely void, 7. E. 4. 17. • . 1. Calvin's 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 capacities; (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 purchase to him and his Heirs Kings of England, or to him and his Successors, 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, circasolium 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 God's 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, Judgment final 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 expressly to aliente an abbot, &c. which is in mortmain, he needs not make any non abstante of the Statutes of mortmain, for it is apparent 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 anything High Treason, but what is declared so to be by the Statute. 25. Ed. 3. c. 21. to leavy War against the King, to compass or imagine his death, or the death of his Queen, or of his Eldest Son, to counterfeit his money, or his great Seal, to imprison the King until he agree to certain demands, to leavy War to alter Religion, or the Law, to remove Counselors by Arms, or the King from his Counselors, 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 Judgment.
First, To be drawn to the gallows.
Secondly, There to be hanged by the neck, and cut down alive.
Thirdly, His entrails 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 Collection of the Laws 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 Parliament contrary to the known Laws of the Land, for there can be no full and free Parliament without a King and House of Lord's.