THE GRAND CASE OF ENGLAND, So fiercely now disputed by FIRE and SWORD, EPITOMISED. feb: 8 LONDON, Printed for J. Partridge, 1642. THE GRAND CASE So bloodily disputed at this present in ENGLAND. THe Principal, if not the only 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 Kingdom in all Cases of great doubt, and public concernment. If the Law have left all weighty and difficult matters to the mere understanding of the King, 'tis all one, as if all things were left to His mere will; and if so, than 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 choose His own Counsellors and Judges, at mere pleasure, or no. For if He may in time of Parliament, prefer the Council of such Courtiers as He likes best, before the Common Council 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, than His own, is vain, and of no effect. But if the King be by intrudement of Law, as well designed and necessitated to that Council always which is supreme, and most public for the time being, and restrained from any other inferior, and more private. The next Question is, Whether the Law have allowed to the King such a latitude of Negative voice, 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 abhor vacuities, and frustraneous acts; so certainly Law, which flows from the same Source must needs do the like. Nay, if the King's right of Negation be maintained in all Cases, as well such as concern public 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 domestical Affairs, not only 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 itself to the boundless Arbitrary Law of one man's 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, or the Judgements which the Houses have given concerning the the Militia of the Kingdom (and other differences at this time) for mere Law, This Nation could not be so torn, and grinded to dust in such an instant as it is. Postscript. LEt the Learned in the Laws now show 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, joined with the Nobility, which created all Law, as well that by which the King, as that, by which every Subject holds, supply that defect. If Law be open in its true Fountain, Let that prevent bloodshed: If Law be obstructed, and oppressed in its Fountain, Let us open it with our blood No man's blood 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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. FINIS.