Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	assent_n	parliament_n	royal_a	3,121	5	8.0534	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69365	His Majesties declaration, concerning his proceedings with his subjects of Scotland, since the pacification in the camp neere Berwick	Windebank, Francis, Sir, 1582-1646.; Charles I, King of England, 1600-1649.	1640 (1640)	STC 9260; ESTC S101025	22,729	66

world this satisfaction concerning them And first for the Coine It is a prerogative most peculiar to the Crowne and none can meddle with it but by Our consent without incurring the punishment of High Treason as it is in all Kingdomes In the second and third there lurketh a great deale of Malignity and Poyson and they are intended meerely against the English whom they would accompt strangers as appeares by the exception lately taken by those of Edinburgh to those English sent by Us to the Castles of Edinburgh and Downebarton This is a most dangerous and seditious practice to raise againe the partition wall betweene the two Nations and to divide them thereby to awaken those ancient Nationall animosities which have beene most happily laid asleep by the blessed union of the two Crownes And besides the great dishonour to the English that they should not be held worthy to enjoy any dignities or priviledges in Scotland as well as the Scots doe in England It is an injurie to themselves For it is most just that by the same rule the Post-nati of Scotland who are now admitted here to all Dignities Priviledges and Offices and doe enjoy them as freely as any English whatsoever should be likewise excluded from them for which most of their Countreymen here would give them little thankes But what Religion there can be in shewing themselves such Incendiaries We leave it to the world to judge To the fourth Some of themselves have obtained from Us the heritable Rights of Justiciary over a considerable part of that Our Kingdome and why Our power should be more limitted to others then to them We understand not To the fifth No man that is not a Traytor can deny that the source and fountaine of all honour is in Us and that it is a prime branch of Our Crowne to distribute honours Dignities and precedeneies to whom We please and besides the Chancellour of that Our Kingdome holds his place and precedency without any warrant or positive law but meerely from Our immediate and inherent power and therefore why not Our Treasurer and Privie Seale as well as He They further boldly demand the rescinding the Acts of Parliament concerning the Civill government namely the Act concerning the Judicatorie of the Exchequer the Act concerning Proxies the Act concerning confirmation of Ward-lands by which they would overthrow both Our Government and Revenew When We found them thus pertinaciously resolved to persist in these their insolent and unsufferable demands contrary to all Religion and Lawes though they so much pretend them both We signified Our pleasure to Our Commissioner the Earle of Traquair to this purpose That whereas it did evidently appeare unto Us that the aime of divers of Our Subjects was not now for Religion as they have alwayes pretended for it was manifest by the proceeding of Our said Commissioner how willing We had beene to give satisfaction both in Assembly and Parliament touching all such things as were promised by Us or sued for by them under that name of Religion And that We did perceive by many new strange Propositions that nothing would give them content but the alteration of the whole frame of the Government of that Kingdome and withall the totall overthrow of Royall Authority We held it must now be Our care and endeavour to prevent that which did so neerely concerne Us in safety and Honour and if thereupon we should immediately command the dissolving of the Parliament it were no more then justly might be expected from Us. Neverthelesse such was still Our tendernesse of their preservation and of the establishment of a perfect peace in that Our native Kingdome as We were pleased rather to prorogate the same and to heare such reasons as they could give for their demands Wherfore We commanded Our said Commissioner to prorogate the Parliament untill the 2. of June next ensuing and that since they had disputed it by Our authority only We holding it no way fitting that any assent of theirs but obedience should be had to that act which doth so properly belong to Us as their King and if they should presume to protest sit still and disobey this our Royall command Our further will and pleasure was that Our said Commissioner should discharge their so doing under paine of Treason But in case of their obedience and dissolving according to Our command then We did require Our said Commissioner to declare unto them that We would not only admit to Our presence such as they should send unto Us to represent their desires and the reasons of them but would likewise as We were always ready to do punctually perform whatsoever We did promise In the interim We commanded himselfe with all convenient speed to repaire hither and to bring with him all that had passed or had been demanded both in Assembly and Parliament that so we might not only be more perfectly inform'd of all proceedings but likewise consult with him and those of our Councel what course would be best for the preservation of Our honour and the happy accommodation of this busines This Our command being signified to the Parliament by Our Commissioner was not assented unto without a Protestation which they call a Declaration of the Parliament to this purpose That Whereas John Earle of Traquair His Majesties Commissioner honoured with a most ample Commission according to His Majesties Royall word having closed the Assembly and sitting in Parliament with them a very long time for debating and preparing such Articles as were to be represented in face of Parliament did now take upon him and that without the consent of the Estates and without any offence on their part who have endeavoured in all their proceedings to witnes their loyalty to the King and duty to His Grace as representing His Majesties sacred person to prorogate the Parliament upon a private warrant procured by sinister information against His Majesties publicke Patent under the Great Seale c. whereby hee heavily offends all His Majesties good Subjects and endeangers the peace of the whole kingdome for which he must be lyable to His Majesties animadversion and to the censure of the Parliment this being a new and unusuall way without president in this Kingdome contrary to His Majesties honour so farre engaged for present ratifying the Acts of the Kirke contrary to the lawes liberties and perpetuall practice of the Kingdome by which all continuations of Parliament once called convened and begun to sit have ever been made with expresse consent of the Estates as may be seen in the Reignes of sundry Princes c. Jac. 6. Qu. Mary Jac. 5. Jac. 4. Jac. 3. Jac. 2. Jac. 1. Therefore wee the Estates of Parliament c. are constrained in this extremitie to manifest and declare c. that as wee have not given the least cause or smallest occasion of this unexpected or unexemplified Prorogation so wee judge and know the same to be contrary to the constitution and practices of all

the Advice and upon the humble Petition of Our Privie Councell here in England and particularly by such Noblemen as were pretended by them to be witnesses to the same ordered to be damned by Proclamation and publikely burnt by the hand of the Hangman which was done accordingly Thirdly whereas it was promised that the Forces of that Our Kingdome of Scotland raised without Our warrant and against Our Selfe should be disbanded and dissolved within 48. hours after publication of Our said Declaration in their Camp they did neverthelesse for some time keep in body diverse Forces and have ever since held in pay almost all their Officers in manifest breach of those Articles contempt of Our Royall Authority contrary to the Lawes of that Our Kingdome and to the great danger of all Our Subjects who did give obedience to Our Commandements there which cleerely shewed their intention of putting themselves againe in armes against Us. Fourthly Whereas it was promised that Our Forts Castles and Amunitions should be restored so soone as We should send to receive them yet full restitution was not made accordingly And for the Fortification at Lieth which was with the rest remitted to Our pleasure it stands entirely as it did though We often commanded the demolishing thereof Fifthly It was promised there should be no Meetings Treatings Tables Consultations Convocations or Conventicles but such as are warranted by act of Parliament and yet We were pleased to give them warrant to meet for the space of one moneth to consult advise and resolve upon such affaires and businesse as concerned the reliefe of their mutuall burthens only Neverthelesse after that time expired which was on the twentieth day of July 1639. they did and doe still continue their unlawfull meetings and consultations upon matters of State both Ecclesiasticall and Civill contrary to the Laws and Acts of Parliament of that Our Kingdome and Our expresse warrant In which Conventicles they daily vex and trouble such of Our Subjects as doe not adhere to their rebellious Covenant and pretended assembly at Glasgow and the acts of the same Sixthly Whereas all Fortifications were to be remitted to Our pleasure to be demolished or continued and We having given commandement for the demolishing of them all raised and built without Our warrant no obedience is given to the same but they are still continued to the fostering of sedition among Our Subjects and the disturbance of the peace of that Our Kingdome Seventhly Whereas all Our good Subjects should have their liberties and goods restored to them yet such is the violence and furie of the people animated thereunto by the said Protestation scandalous papers spred and seditious Sermons preached as many of Our said Subjects are deterred from going to their owne dwelling and places of aboad and threatned with the losse of their lives in case they shall repaire to their own houses Eightly Whereas in Our Declaration before mentioned We did make knowne that We could not approve the late pretended generall Assembly at Glasgow for the reasons conteyned in Our former Proclamations yet contrary to that Our pleasure they daily presse Our Subjects to subscribe the approbation of the said pretended assembly and acts thereof and to sweare the same so that whereas We did expect to have found our Subjects setled in peace and quietnesse against Our repaire to Edinburgh We heard of nothing but new disorders meetings and molestations of Our Subjects well affected to Our service which as it doth evidently appeare by the insupportable insolencies committed as aforesaid upon the persons of Our High Treasurer the Earle of Kinnoul Our Justice Generall Sir Iames Hamilton and others Our Counsellours and good Subjects so doth it clearly evince that nothing was lesse intended then obedience to Our authoritie or performance of what was promised or is due to Us in right of Our Crowne and by the lawes of that Our Kingdome Ninthly Whereas We were pleased to grant a free Generall Assembly for setling and composing the divisions cunningly raised and fomented in the Church of that Our Kingdome expecting a faire choice of the Commissioners and such as might stand with the respect due to Our authoritie they did labour to pervert Our Subjects by anticipating their voices in making them sweare to and subscribe the acts of the pretended Assembly at Glasgow and making choise of such Commissioners and no others as adhered thereunto and by Oath were bound to maintaine the same and further deterred others whom We by Our Warrant did lawfully call to the next Assembly from repairing thereunto threatning them with the losse of their lives and what worse may be committed against their persons in manifest contempt of Our authority and derogation from the freedome of the said assembly Tenthly To divert all Our good Subjects from their due obedience to Us and to debauch them to their factious mutinies and disorders they brand all such as adhere to Us and have attended Our person with the vile aspersion of Traitors to God and their Countrey threatning to proceed against them with censures accordingly as though the due respect given by them to Us and their adhering to Us and their assisting Us in their persons were Treason whereas by right of that Our Crown and the Acts of Parliament of that Our Kingdome all Our Subjects are to rise with Us and to assist Us with their bodies and goods and whosoever refuses or rises in Armes or rebellion against Us or commits any act of Hostility against Our Sacred Person are declared Traitors and are to incurre the paine of High Treason Lastly Their disobedience appeares in that unparallel'd contempt of Our Royall authority and shaking off all respect due to Sacred Majestie by their protesting that all members of the Colledge of Justice and all Our Lieges were not to attend the Session and that all Acts Decrees and Sentences therein past against any of them shall be nul void and ineffectuall contrary to Our expresse warrant for the downesitting thereof and to the heavie dammage of Our good Subjects who were thereby frustrated of Justice taking by this meanes Our Royall Power out of Our hand which alone belongeth to Us none but Our selfe being to command Our Subjects to attend the Session or to discharge their attendance as We in Our Princely wisdome and justice shall think fit Having laid these insolent and seditious foundations for a Parliament it could not in reason be expected but the structure to be raised thereupon must be full of disorder and confusion and indeed it prooved all of a piece for in all the progresse of the Parliament their actions and demands were full of undutifulnesse and disloyaltie denying to Us the most essentiall and inherent prerogatives of Our Crowne and striving by all meanes to change and alter the Constitutions of the Parliament and frame of Government as appeares by their first Act at and after the chusing of the Lords of the Articles where in a most insolent and peremptory way

they protested that nothing done or to be done in Parliament should be valid except the forme of electing the Articles heretofore observed were altered every Estate allowed to choose their owne Articles contrary to the forme kept in former Parliaments for many yeares as will cleerely be evinced by the Records and will be made appeare by persons of all qualities yet living who assisted at the Parliaments and were members of the same in the Yeare 1612. and 1609. and contrary to the provisions and conditions mentioned in the Act 1587. By their Act likewise concerning the defining of the power of the said Articles they presse totally to subvert the frame and power therof The Articles have been as is acknowledged by themselvs ever since K. David Bruce his time which is about 300. years and by the Lords of the Articles all businesses are prepared and from them brought to the Parliament as appeares by divers Acts of Parliament and particularly by the fourth Parliament of K. Iames 6. Cap. 218. in which for eschewing of confusion and impertinent motions all Propositions to be made in Parliament are to be delivered to the Clerk Register and by him presented to the Lords of the Articles that all frivolous and improper motions may be rejected which ancient Constitutions they would subvert by the aforesaid Act. So by the Act concerning the Constitution of the Parliament in time to come they urge and thereby strive totally to alter the frame of the Parliament and to confound and take away the third Estate wherein the Civill power of Kings is so much concerned as Our Father and all His Predecessours in former Parliaments both in time of Popery and since the reformation of Religion have beene most carefull to preserve and maintaine the Dignity Honour and Priviledges of the third Estate as appeares in Anno 1560. when all Church-Jurisdiction in the persons of Bishops is alledged to be abolished and in Anno 1587. when all the Temporalties of Benefices were annexed to the Crowne the Clergy retained still their Vote in Parliament and represented the third Estate and the Civill power and priviledges of the Church were still preserved and againe ratified as appeares by the first Parliament of K. JAMES 6. Cap. 24. and by diverse Acts of Parliament Anno 1587. 1597. 1609. By all which and diverse other Acts of Parliament it does cleerely appeare how much the Kings Our Predecessors have conceived their Civill Power and the Honour of their Crowne to be concerned in the maintaining and upholding of the Honour Dignity and Priviledges of the three Estates Nay by a speciall Act made in the time of K. JAMES 6. Parliament 8. Cap. 130. it is declared Treason to impugne the authority of the Parliament and three Estates or to procure the innovation of the power and authority of the same three Estates or any of them and We would willingly know how they or any of them can deny but that they have sought the breach of this Act and so are guilty of Treason and liable to the punishment thereof Concerning the Act which they call Rescissory they do not onely thereby seeke to take away the third Estate which is Treason as aforesaid but to annull many other Acts formerly made in favour of the Crowne and farther to barre Us in a manner totally from Assembly or Assembly businesse and cut Us off from all those powers in Civill affaires which in the Court of that Kingdome are in consequence hereupon by which it is evident how farre they would trench upon Regall power and how different it is from their promise which was to desire nothing that is not warranted by Law For the Act of Oblivion in the narrative and whole streyne of it as it is formed and desired by them to be past in Parliament they seeke to justifie themselves in all their proceedings and instead of an Act of Oblivion for which they petitioned Us at the Campe they urge an Act which amounts to a Justification to be recorded in the Bookes of Parliament altogether contrary to the nature of an Act of Oblivion and to that which ever heretofore hath been desired in like case as appeares by the Act of Oblivion in Anno 1563. And whereas by the Act of Pacification restitution is ordained to be made to every one of Our good Subjects of their liberties lands goods and meanes whatsoever taken and detained from them by any meanes since the aforesaid time this is not onely not yet performed but as appeares by the binding part of this Act it is never intended And as by the abovesaid act of Oblivion so by their Act of Reliefe they depart from that which was condescended to at the Campe for whereas upon their humble desire We were graciously pleased by a Commission dated at Berwick 2. of July 1639. to allow them the libertie of convening and meeting untill a certaine day for distributing of their pretended charges amongst such as should willingly condescend thereunto they have not only without Our warrant kept their Conventicles and Tables since the expiring of the aforesaid Commission contrary to the positive lawes of the Kingdome and the Act of Pacification and their owne acknowledgement in petitioning for the aforesaid Commission but by their said Act of reliefe they doe most impudently urge upon Us that by an Act of Our Royall Power all Our good Subjects who in the late troubles and Commotions did adhere to Us and shew themselves ready to defend Our Royall Authority should bee made equally if not more lyable to the defraying of their pretended charges So by the Act it selfe We are pressed to justifie and authorise all their Rebellions and Treasons and to constraine the innocent and those that have suffered most for being faithfull and loyall to Us to contribute to those Rebellions and Treasons then which there can be nothing more Tyrannicall nor contrary to Justice and Our Honour Concerning their demands although in all their Petitions Declarations and Remonstrances they professe that they will never incroach upon Soveraigntie nor diminish Our Royall Authority yet notwithstanding by their demands made in Parliament and the reasons of them given to Our selfe they strike at the very roote of Our Regall power For they desire First that the Coyne be not medled with but by advice of Parliament That no stranger be entrusted with keeping of Our Castles nor other person put in them but by advice of the Estates That no Patent of Honour be granted to any stranger but such as have a competencie of land-rent in Scotland That no Commission of Justiciary or Lieutenancie may be granted but for a limitted time They protest likewise against the Precedencie of Our Lord Treasurer and Lord Privie Seal because as they alledge the same is not warranted by a positive Law All which though they are so essentially belonging to Us as their King that for the most part they answer themselves yet We have thought it not unfit to give the