Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	day_n	parliament_n	session_n	3,425	5	10.6408	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84011	The survey of policy: or, A free vindication of the Commonwealth of England, against Salmasius, and other royallists. By Peter English, a friend to freedom.	English, Peter, a friend to freedom.; Pierson, David.	1654 (1654)	Wing E3078; Thomason E727_17; ESTC R201882	198,157	213

though they had power of convocating and dissolving it It is not unknown that their power notwithstanding was a non-absolute and limited power Alex. ab Al. ibid. Pompon Let. de mag Rom. cap. 15. Fenest de mag Rom. cap. 7. So say Festus and Coelidus 2. What honour is given to the King And if Salmasius will consider this aright he will find that there is a vast disproportion between his honour and his power and that there is more given to him in word then in deed The King of Scotland cannot be called by Salmasius or any other an absolute Prince This afterward shall most evidently appear And yet in many Acts of Parliament he is called the Parliament's Sovereign Lord and King and what is enacted in Parliament ordinarily it is expressed under the King's name Salmasius imagineth that this maketh much for his purpose whileas it is said Dominus noster Rex ad petitionem suorum proelatorum comitum baronum congregatorum in Parlamento constituit certos articulos In praf stat voc Art sup chart temp Ed. 1. i.e. Our Lord the King at the desire of his Prelats Earles and Barons assembled in Parliament constituted certain Articles In Parlamento supremi domini Regis illius concilium convenit it a proeceptum est ab ipsomet In stat Escheat fact 29. an Edv. 1. i. e. In the Parliament of our Sovereign Lord the King his Councell conveened and so it was commanded by himself The like we have in the Acts of the Scotish Parliaments Eodcm die Rex per modum statuti ordinavit Jam. 1. Parl. 6. act 83. i.e. The same day the King by way of Statute ordained Rex ex consensu totïus Parlamenti statuit ordinavit act 84. i.e. The King with consent of the whole Parliament did statute and ordain But Parl. 5. act 81. the King withall getteth a very lordly stile Item the said day our sovereigne Lord the King with consent of the whole Parliament ordained The Scotish parliamentary acts are full to this purpose But can any therefore conclude that the King of Scotland is an absolute Prince No verily Kings get such honour and every thing for the most part is enacted and emitted in their name not because they have power and dignity above the Parliament but because they are the highest and chiefest Members of Parliament And let me tell you people are so much deluded with the greatnesse of the King that they cannot give him onely that which is his due but they ascribe that which is due both to him and Parliament to him alone People know better how to idolize Kings then how to honour them Yea people are more ready to obey the King then the Parliament And therefore I think Parliaments that will have Kings for effectuating their purposes do wifely to emit Acts in the King's name and set him a-work to execute them Therefore Salmasius shall not need to boast with this that the King of England is called the Parliament's Sovereigne Lord and the Parliament the Councell of the King The like he will find more then once amongst the Prefaces and Acts of the Scotish Parliaments Yet he or any for him can never prove that the King of Scotland is an absolute King He shall therefore do well left he confound things which should be divided to distinguish carefully between that which the king hath re tenus and what is given to him but nomine tenus And so he will find that though the king of England hath as much nomine tenus as if he were an absolute Prince yet re tenus he is subjected to Law And whereas he alledgeth kings may governe by advice and counsell of Parliament and yet may be absolute and have a negative voice the like say I too But he shall give me leave to say that such have not such a vast power as he talketh-of as afterward is shewed I confesse the examples of Ahasuerus and Cambyses are to the purpose though the man fail a-little concerning the jus of the kings of the Jewes as afterward is shewed Howsoever though I grant this yet shall he never prove that the king of England according to the Law of the kingdom is an absolute Prince and hath a negative voice in Parliament He can never shew me that the king of England had the same power which the king of Persia had Inst After the Conquerour saith Salmasius in Rufus ' Henry 1● Steven Henry 2. and Richard 1. did remain purum putum Monarchicum the power of even-down and unmixed Monarchy And though faith he in the reigne of King John that power was lessened yet was there nothing derog ated from the King's supremacy and absolutenesse remaining unviolated untill the perjured English rebels at this day have altered and diminished the just greatnesse of the King of England Def. reg cap. 8. Ans I admire that this man knoweth nothing but to rail on them whom he knoweth not Well I cast him over into GOD'S hands and fall to examine what he alledgeth Sure I am not withstanding all his railing it cannot abide the touch-stone It is known to be a manifest lie which he alledgeth concerning the immediat successours of the Conquerour It is reported in even-down terms that these kings of whom Salmasius expresly speaketh esteemed Norman Laws established by the Conquerour too rigorous and unjust And therefore before they got the Crown they promised to the people to abrogate them and in place of them to establish the Laws of the Confessour Yea every-one of them promised more then another and to keep themselves within the bounds of Law to the very heart's desire of the people This was not only promised by themselves but also by others in their name And unlesse they had so promised they could never have gotten the Crown They got it upon the expectation of the accomplishment of their promise as the English Histories do abundantly storie And it cannot be denied but Henry 1. did give the Englishes a free Parliament and made it the government of the kingdom So that he is called the first king in England in whose time the power of Parliament was established And as for John it is very well known that because he did not stand to his oath and promise at his Coronation for establishing the ancient Laws of the kingdom but endeavoured to governe after the manner of the Conquerour in an arbitrary and loose way therefore the people rose-up in arms against him and dethroning him did set-up another in his room And whereas this man saith that the ancient Lawes of the kingdom did not derogate from the supremacy and absolutenesse of the king the contrary of that is already proved It seemeth strange to me that he is not ashamed to affirm that what Laws were established by Edward the Confessour and granted by King John were preserved inviolable to this day derogating nothing from the absolutenesse of John's successours Who knoweth not that the liberties of Magna

Charta and de Foresta subject the King to Law And because that Henry 3. did not stand to the maintenance thereof after he had given his Oath at a Parliament at Oxford to maintain them inviolable therefore the People took up Arms against him till after many debates between them they caused him often to promise that they should be inviolably observed as well by him as by all other Thus they tied not only him but also his heirs to govern according to the ancient Laws of the Kingdom And because Edward 2. did act against these Laws following the counsel of Peter Gaveston and the two Spensers therefore he was imprisoned and dethroned after several conslicts between him and the People 'T is remarkable that the People refused to crown him till firstly he did put P. Gaveston from him And likewise Edward 5. was deposed after he had reigned two moneths and eleven dayes and was obscurely buried in the Tower of London Where then I pray you is the absoluteness of the King of England Inst 6. Under Edward 4. saith Salmasius it was enacted That the King might erect a publick Judgment-seat by his Letters patent in any part of the kingdom he would Under Henry 7. it was enacted and declared That the King had a full power in all Causes in administring Justice to every one In the first year of Edward 6. a Statute was made declaring all authority both Spiritual and Temporal to be derived from the King Def. Reg. cap. 9. Answ I must needs say This hath more colour of probation then any thing the man as yet hath objected But not withstanding this he will do well to observe this distinction 1. What is given to the King by way of complement and Court-expression 2. What is giving to him in reality and by way of action The truth is in the first notion there is as much ascribed to the King of England as if he had been indeed an absolute Prince On him you have these Court-Epithets The King of the Parliament The sovereign Lord of the Parliament Yea and the Parliament is called The Parliament of the King He is called The Original both of Spirituall and Temporal power having full power over all causes and persons and to crect Judicatories in any part of the kingdom where he pleaseth This is spoken But what then Examine the matter aright and you will find it but spoken What cannot Court-Parasites and flattering Councellors passe a fair compellation upon their Prince 'T is the least thing they can do to bring themselves in credit with him Read the Parliamentary Acts of Scotland and you will find just as much spoken if not more of the King of Scotland In Parl. 18. Jam. 6. Act. 1. 2. James 6. is called Sovereign Monarch absolute Prince Judge and Governour over all Estates Persons and Ca●ses And yet who dare say but the King of Scotland according to the Law of the kingdom is a regulated and non-absolute Prince But according to the second notion let us examine the strength of these Epithets And so in the first place we fall a-discussing particularly these three Sanctions of which Salmasius speaketh The first faith That the King by his Letters patent may erect Court-Judicatories in any part of the Kingdom where he pleaseth This will never conclude that the King of England hath an absolute power This Act only speaketh of his power of calling inferiour Judicatories What is that to the purpose The King of England had power to call and dissolve the Parliament the highest Judicatory of the Land Yea Henry 1. did ordain and constitute the Parliament Yet notwithstanding that as is shewed already the King of England cannot be called absolute The King of Scotland hath power of giving-out Letters of Caption Parl. Jam. 2. chap. 12. Courts of Regalities are justified by the King's Justice chap. 26. And the Parliament petitioned the King to cause execute the Act anent the Establishment of Sessions for executing Justice chap. 65. The power of the Colledge of Justice is ratified and approved by the King Jam. 5. Parl. Edinb Mar. 17.1532 But who will therefore call the King of Scotland an absolute King The second Sanction giveth the King full power over all persons and all causes But I pray you doth this give the King power over the Parliament and Laws No verily It only giveth the King power over all persons and estates separatim but not conjunctim as conveened in parliament Which cometh just to that which Aristotle faith alledging that the King hath power over all seorsim but not conjunctim Polit. 3. cap. 11. And he is said to have a full power not because his power is absolute and boundlesse Verily it must not be taken in a simple and absolute notion but in a relative and comparative sense It doth not imply the exemption and immunity of the King from Civill and Politick subjection to Law But at the most it pleadeth for exemption to him from forraine power and subjection to forrain laws This is evident by comparing this sanction under Henry 7. with stat 18. Rich. 2. ch 5. Where it is declared that the Crown of England is free without subjection to any other Crown but is onely subject immediatly to GOD in every thing which relateth to the managing of it's Affairs The like is spoken Henry 8. Par. 24. So we find the like fulnesse of power pleaded-for to the King of Scotland ITEM It is thought expedient that since our Soveraign Lord hath full jurisdiction and free empire within his Realm that his Highnesse may make Notares and in time to-come that no Notare made nor to be made by the Emperour's authority have faith in Contracts Civill unlesse he beapproved by the King's highnesse Jam. 3. parl ch 38. This exemption is pleaded for to the King of Scots from subjection to the Imperiall Lawes But who I pray you for this will conclude the King of Scots to be an absolute Prince having immunity and freedome from all Lawes whether muncipall and Country-Lawes or sorensick and forrain And as for the third sanction the words whereof be these Omnem authoritatem spiritualem temporalem derivari a Rege you shall be pleased concerning it to observe this distinction There be two termes in the act it-self one concerning temporall and another concerning spirituall power We begin at temporall power The King may be called the originall of it two wayes 1. Formally i.e. as if all temporall power were therefore authoritative and juridicall because of the Kingly power it being only in it-self effentially authoritative and commanding This we deny to be the sense of the sanction in respect of temporall power It is not onely repugnant to Magnacharta the ancient Lawes of the Kingdom the nature of Parliaments appointed and ordained in Henry 1. his time to the oaths and promises of Rufus Henry 1. their successoursto act and govern according to Law but also to the ordinary practices of the

likewise of the other Now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is also in the original of this text and it proporteth a ravenous and cruel away-taking but hear Josephus Kings will make confectionaries of your daughters for their own use kitchen-women dressers of cloath and they shall compel them to do any other service which dainsels for fear of strokes do perform Lec cit Nay but Brent loc cit is more full and plain Thirdly in order to the King 's a way-taking of their poslessions And be will take your fields c. It may be you think that your sons and your daughters will be well taken-off your hands and though he should wrong them he will not wrong your selves Peradventure you imagine his tyranny will take a stand there Nay but I 'll tell you if he take-away your sons and daughters he will also takeaway your substance And well know I if you get any courtesie at his hand ye'll have little reason to boast of it He will take the tenth from you Sure I am he will have so little respect to you to your children that serve him and to your pains in gathering riches together that what ye gain through the sweat of your brows he willet it out to any base fellow in his Court and ye dare not say it is evil done If this be not an act of tyranny saith Piscator then had not God punished Ab●b for taking-away Naboth's vinevard Abab according to Law should have possessed it Schol in 1 Sam. 8. See Josephus Brent lcc cit Fourthly In order to his away-taking of the people's servants And he will take you men-servants and your maid-servants and your goodliest young-men and put them to his work 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is also in the original of this text his tyranny shall not end at your sons and daughters and at your possessions but he shall violently rob you of your servants and if he take not all of them be sure he will take the chiefest of them sce plain Brent thid Fifthly In relation to his away-taking of their theep He will take away the t●nth of your sheep He will not leave you so much as a sheep's tail At least he will take the tenth of them 3. The consequent and event both of the general and particular part of the description is the effect of tyranny not of lawful authority Ye shall cry-out in that day because of your King whom ye shall have 〈◊〉 you We are sure that the people would never cry-out for exercising the just and lawful Acts of Regal Authority Thereby justice is promoted and vice is punished Which is a blessing and not a bondage for people to make them cry out in bittern● of spirit Thus it is abundantly made good that Samuel here doth not describe the power but the tyranny of the King Now in-starceth another question Whether or not doth the Prophet in this place 〈◊〉 Jews from secking a King as a King To which we answer affirmatively and prove it thus If the Prophet doth not disswade the people from seeking a King under the notion of a King then either because he only taxeth carnal confidence in them or arogancy and pride or precipitation only or else because they sought a King after the manner of the Nations But none of these Reasons whether conjunctly or severally are the a●aequat object of the Prophet's disswasion Firstly Because it is said That Samuel was displeased because they sought a King The text is not But the thing displeased Samuel when they said We will have confidence in a King c. But it is The thing displeased Samuel when they said Give us a King 'T is wrong Logick to take to King in esse accidentali At least 'c is very far setch'd Philosophy to take it under some extrinsecal and adjunctive notion or other Sce Josephus loc cit Brent hom 27. in 1 Sam. 8. Secondly Because God expresly commandeth Samuel solemnly to protest against the election of a King But if the Prophet should only have taxed them for incredulity arrogancy c. then should the Lord only have given Sa nuel orders to disswade them from these evils in laying out before them the wickednes thereof But the Prophet only layeth out before them the danger of Monarchy expresly disswadeth them therefrom Who can imagin if his main only purpose had been for disswading them from these evils and not from setting-up Royal Government amongst them but he would rather have turned his Royal Government amongst them but he would rather have turned his face against these evils in spreading-out the dangers thereof before their face then in pointing-out to them the evil of Monarchy Verily were it so he had harped upon the wrong string Thirdly the people's answer is in reference to Samuel's reasoning Nay but say they we will have a king over us This had been a very uncategorick answer yea plain non-sense if Samuel had been only taxing them for carnal confidence arrogancy sc. and dehorting them therefrom Fourthly Because we have shewed already That Samuel according to God's Commandment draweth motives from acts of tyranny that the King would exercise to disswade the people from seeking after him Would he say Ye think your King will ' fight your battels and save you from forrain invasion Well let it be so But I 'll tell you the King himself will tyrannize over you Get him when you will I warrant ye shall not be free of intestine trouble Nothing is so evil as that It is worse then sorrain war Therefore ye will do well to keep your selves free of him so long as ye want him Fifthly Whileas the Lord tacitly rebuketh them of carnal confidence in these words They have rejected Me that I should not reign over them he likewise in them insinuateth a reproof in order to their shaking-off the Government which he had instituted amongst them I was God's Ordinance yea the chiefest of its own kind But whosoever shaketh-off though the least of God's Ordinances doth shake-off God Himself Rom 13. I mean in a preposterous and carnal way delighting in change and going from the better to the worse So did the people of the Jews at this time Therfore God reproving them as rejecters of Democracy by way of consequence he checketh them as suiters of Monarchy for he could no waies have rebuked them for rejecting the one if he had not altogether allowed them in seeking after the other Sixthly They are reprehended and taxed expresly for seeking after a King I wil ' call unto the LORD that ye may perceive and see that your wickedness is great which ye have done in the fight of the LORD in asking you a King And all the people said unto Samuel Pray for thy servants unto the LORD thy God that we die not for we have added to all our sins this evil to ask us a king Ye have done al this wickedness 1 Sam. 12. Let the indifferent Reader

your eyes that of all Governments it is the most dangerous And seing the Lord did extreamly decline the setting-up of Kingly Government amongst the Jews how much more to day amo●gst us Beside all moral reasons there was a special typical reason for Monarchy amongst the Jews Under the Law not only Christ's Prophetical and Priestly Office Acts 3. Heb. 8.9 10. but also his Kingly-hood behoved to be typified both in substance and circumstance Gen. 49.2 Sam. 7.1 Kin. 8.2 Chr. 6. Psa 2. Luke 1. Acts. 2. Heb. 1. But I hope none under the Gospel can shew me such pressing grounds why Kingly Government to day should be erected None verily Well l●t them therefore advert That people under the Gospel have more then reason for them to shake-off and decline Monarchy They have not so much reason for it as the Jews had And yet the Lord much disowned it amongst them and much dis-assented from them in setting it up What I pray you is the language of this but that of all Governments it is most dangerous And that it is so is more then manifest from Samuel's way of charactering it Very reason it self teacheth the point Firstly because the bad consequence of Monarchy is tyranny 1 Sam. 8. I deny not but it may and doth slow also from other Governments yet not ordinarily and properly Properly and ordinarily such have for their bad consequences division and confusion But it must needs be granted that tyranny in it-self is worse then either of these And that both formally and virtually Formally because tyranny as tyranny is positive and even-down oppression But division as division and confusion as confusion cannot be so called Otherwise the division and confusion of integral parts should formally be tyranny and oppression Virtually because tyranny in its proper and rigorous acceptation presupposeth a meer and absolute passivenesse in the parts oppressed and enthralled But the case is far otherwise in respect of division and confusion As they only beget oppression and thraldom per accidens so they presuppose mutual resistance on both sides They do not imply an absolute and simple passivenesse on either of the sides Both parties fall at variance and both stand to their own defence the one against the other And so the one acting against the other neither of them doth simply futher But absolute thraldom is worse then that which is non-absolute For acts of tyranny read Exod. 1. 5. Judg. 1. 9.2 Sam. 21.1 King 13.18.19 c. 2 King 21. Esth 3. Jer. 38. 39. Dan. 2. 3. Mat. 2.14 27. Mark 6. Luke 23. Acts 12. Apochryphal books Tob. 1. Jud. 2. 3.1 Macc. 1.5.6.10 13.2 Ma●● 4.6.7 14. To this day there be many notable expressions and narrations which point-out to us that tyranny is of all ●vils the most dangerous and violent Herod lib. 3. Thucyd. lib. 2. Polyb. lib. 2. Tac. in vit Agric. Porn de lib. Get. lib. Antistbenes being asked why he preferred hangmen to tyrants he answered By the hangman the unjust and by the tyrant the just are cut-off Stob. serm 47. It was demanded at Diogenes after what manner the tyrant Dion sius did use his friends he answered He killeth the rich and neglecteth the poor Diog. La. lib. 6. And 〈◊〉 being posed What amongst living creatures was most pernicious he answered A Tyrant Pl●t We cannot passe-by a most excellent story of the tyrant Diomsius All the Syracusians excepting the old woman Hunera did pray for his death Which being imparted to the tyrant he asked her why she prayed for long life to him She answered When I was young a grievous tyrant reigning over us I prayed that he might be taken away To whom one worse succeeded I prayed for his death also To whom thou Dionysius worse then either of them succeeded And now I pray for the lengthning of thy dayes lost one worse then thy self should come in thy room Brus lib 6. cap. 21. That must be of a strange stamp which can make very Ethnicks to pray against it Mark to pray for the continuing of it to prevent another of its own kind worse then it self Er. Pat. Senensis faith Tyranny devoureth after death lib. 10. cap. 3. All which bear us in hand that of all things tyranny is most dangerous and cruel And it being the ordinary and proper bad consequence of Monarchy who can deny Monarchy to be of a I Governments the most dangerous Secondly Kingly Government as is said already is most authoritative and of more commanding faculty then any other And consequently as a good King by his example may and doth draw the people into obedience and due performance so an evil King may and doth by his example ens●are the people So Claudian Regis ad exemplum totus comp●nitur orbis What doth not the holy Ghost say Riches beget friends Pr●v 14. and 19. And many do intreat the favour of the Prince Pr●v 19. and 19. 'T is storied that the Souldiers of Ant. Epimanis a most leacherous King did imitate his prophane and bad example Val. max. lib. 9. cap. 1. Many of the Syracusians did follow the evil example of the tyrant Dionysius Pl●t Whence is concluded Plerique magis actiones 〈◊〉 quamlibet prav●s 〈◊〉 quan● infortunia 〈◊〉 cavent Dion lib. 53. If the King be altogether wicked as ordinarily he is More Tyrants then Kings Few of them in any age friends to Christ Most part of them destroyers of the Commonwealth Oh! in how great danger under such doth Religion stand and are the Liberties of the subject exposed to Tell not me of a regulated King 'T is but a playing fast and loose Aristotle Pol. 5. cap. 8 saith The least thing of the Law is not to be changed This he saith because it maketh way for the abrogating of the whole Law He falleth upon that principle Principits objta sero medicina paratur Set-up to day regulated Monarchy and to morrow it shall be absolute If the King once get-in his litle finger he shall soon thrust-in his whole body Small beginnings can produce great effects 'T is good to kill them in the birth Make Caesar perpetuall Dictator Augustus shall become absolute Emperour One degree bringeth on another The least of Kings hath greater favour and power with the people then the greatest of Councels All will be called his The word subdi●i is current then But aequales is detestable ●f Alexander's neck be crooked all his Courtiers must hang their heads to that side I know not what the most of people for the Prince's favour be what he will regulated or absolute will not do Tell me if he be not for GOD and the good of the people do not both Religion and the Commonwealth stand in greatest hazard This dolefull experience teacheth in all ages Of our judgment are Jos an t lib. 4. cap. 8. lib. 6. c. 4. Mat. Agr. de insip Reg. Th. Mor. Anonym monit lib. 2. Brent hom 25. i●