THE GRAND CASE OF ENGLAND, So fiercely now disputed by FIRE and SVVORD, EPITOMIZED.

⟨feb: 8⟩ LONDON, Printed for J. Partridge, 1642.

THE GRAND CASE So bloudily disputed at this present in ENGLAND.

THe Principall, if not the onely Question, now de­bated by the Divine, Lawyer, Statesman, and Swordman is, whether or no, The Reason and Judgement of the King, be the supreme Reason and Judge­ment of the Kingdome in all Cases of great doubt, and publike con­cernment. If the Law have left all weighty and difficult matters to the meer understanding of the [Page 4] King, 'tis all one, as if all things were left to His meer will; and if so, then the King is absolved of all limits and conditions. No King can be more absolute; if it be con­fessed, that the King is not sole and supreme Judge.

The next Question is, Whether the King may chuse His own Coun­cellours and Judges, at meer plea­sure, or no. For if He may in time of Parliament, prefer the Councell of such Courtiers as He likes best, before the Common Councell of the Kingdom; and out of Parliament the judgement of illiterate, un­graded men, before that of His most learned, studied, sworn Judges; all Law of confining the King to other Reason and Judge­ment, [Page 5]then His own, is vain, and of no effect. But if the King be by in­trudement of Law, as wel designed and necessitated to that Councell al­wayes which is supreme, and most publike for the time being, and re­strained from any other inferiour, and more private.

The next Question is, Whether the Law have allowed to the King such a latitude of Negative voyce, as to frustrate and annihilate what­soever is adjudged by both Houses in Parliament, or by the Judges out of Parliament. For as God and Na­ture abhorre vacuities, and fru­straneous acts; so certainly Law, which flows from the same Source must needs do the like. Nay, if the Kings right of Negation be main­tained [Page 6]in all Cases, as well such as concern publike as private Affairs, and such as concern the Life, and Fortunes, and Liberties, and Con­sciences of such and such particular men, as well as those which con­cern His own intradoer, or dome­sticall Affairs, not onely all Law is made frustraneous, but utterly per­nicious. For Nature must needs imprint this in us all, That a State may be more happy by subjecting it self to the boundlesse Arbitrary Law of one mans will, then to such a determinate Law as one man may obstruct and make frustrate at pleasure, but cannot open, and make vigorous. Our present mise­ry shew [...] us this truth too plain, for were either the Kings will admit­ted, [Page 7]or the Judgements which the Houses have given concerning the the Militia of the Kingdom (and other differences at this time) for meer Law, This Nation could not be so torne, and grinded to dust in such an instant as it is.

Postscript.

LEt the Learned in the Lawes now shew and declare them­selves; And if the Case be uncer­tain, Let the Parliament interpret it; And if the Law have been hi­therto defective herein, Let that Community in its representative Court, joyned with the Nobility, which created all Law, as well that by which the King, as that, by which every Subject holds, sup­ply [Page 8]that defect. If Law be open in its true Fountain, Let that prevent bloudshed: If Law be obstructed, and oppressed in its Fountain, Let us open it with our bloud No mans bloud can be more thriftily and wisely expended then in de­fence of that Court, which gave being both to Kings, and Laws, and preserves, being, both to Kings, Laws, and Subjects.

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FINIS.

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