Selected quad for the lemma: act_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
act_n king_n parliament_n sovereign_a 3,527 5 9.3552 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A27361 A iustification of The city remonstrance and its vindication, or, An answer to a book written by Mr. J.P. entituled, The city remonstrance remonstrated wherein the frequent falsifyings of the said Mr. J.P. are discovered, the many charges by him laid upon the remonstrance and its vindicator, disproved, and the parity and agreement of the remonstrance ... with the propositions, declarations, remonstrances, and votes, of both or either House of Parliament manifested / by John Bellamie. Bellamie, John, d. 1654.; Price, John, Citizen of London. City remonstrance remonstrated. 1646 (1646) Wing B1814; ESTC R4476 42,384 58

There are 4 snippets containing the selected quad. | View lemmatised text

conclude the minor and so the Commons are thereby pre●served from slavery but in another case the major part of the E●states doe conclude the minor viz. when the Lords and Common● doe agree upon a Law for the good and safety of the Kingdome then the King is concluded in that their agreement and ought t● set his flat thereunto For the Kings of England are bound by their Oaths to grant such Laws which shall bee for the good and safety of the Kingdome with the accord of their people in 〈◊〉 presented to them as in the preamble of the Statute made in the 25 yeare of ●dward the Third entituled The Statute of proviso●s of Benefices made at W●stminster in these words it doth appeare Whereupon the said Commons ha●e prayed our Soveraigne Lord the King that sith the Right of the Crowne of England and the Law of the said Realme is such that upon the mischiefs and damm●ges which ●appen to this Realme Hee ought and is bound by His Oath with the accord of His People in His Parliament thereof to make remedy and law And the King acknowledgeth this for a truth and accordingly Acted as in these following words in the same Statute it appeareth Our Soveraigne Lord the King seeing the mischiefes and dammages before mentione● and having r●gard to the Statute made in the time of his Grandf●ther and by so much as Hee is bounden by Hi● Oath to cause the 〈…〉 a Law of His Realme c. by the assent of all the great Men and Comm●nalty of ●is said Re●lme to the honor of God and profit of the said Church of England and of all His Realm● 〈◊〉 Ord●ined and es●ablished c. Thus farre the words of that Preamble and Statute upon which the Lords and Commons in this present Parliament assembled say thus Viz. Here the Lords and Commons claime it directly as the right of the Crowne of England and of the Law of the Land tha● the King is bound by his O●th with the 〈◊〉 of his people in Parliament to make remedie and 〈…〉 the mischiefs and damm●g●s which happen to this Realme and the King doth not deny it C●llect of Declarations p. 229. L●t this suffice as answer to your third Querie Your fourth Que●ie is this Wheth●r ●ee viz. the King be present as a distinct Estate if so if one distinct Estate may bee present in power quatenus an Estate and absent in person m●y not a second Estat● be so present though absent in body yea a third Estate s● present and yet absent in body and so we shall have the Estates in Parliament and not a man amongst them this is a Riddle ind●ed Mr. Bellamie I pray you unfold this also Answ. At your request ●e undertake the taske your owne words grant that ●s well in Parliament as in all his inferiour Courts of Justice the King is present in his power these are your words viz. I know Sir hee is present in power in all his inferiour Cou●ts of Iustice as well as in the Parliament 24. Now in Parliament there is no power but the power of the three Estates viz. King Lords and Commons and therefore all the Acts that are en●cted by the power of Parliament are enacted by the power of the three Estates conjunction It is possible that the King may withdraw his person from the Parliament as now hee hath done but hee can never withdraw his power no not his power as a distinct Estate for in the making of every Act of Parliam●nt there is present in Parliament the power of all the three Estates without all which conjunctim no act can bee made But there is an Act made this Parliament by the free consent of all the three Estates in Parliament that this Parliament shall not be dissolved prorogued or adjourned without the consent of both Houses of Parliament first had and obtained viz. Anno 17 Caroli Regis entituled An Act to prevent inconveniences which may happen by the untimely adjourning proroguing dissolving of this present Parliament In 〈◊〉 Act are these words viz. Be it declared and enacted by the King our Soveraigne Lord with the assent of the Lords and Commons in this present Parliament assembled and by the authority of the same That this present Parliament now assembled shall not bee dissolved unlesse it be by Act of Parliament to bee passed for that purpose nor shall b●e at any time or times during the Continuance thereof prorogued or adjourned unl●sse it be by Act of Parliament to be likewise passed for that purpose Now then thus I argue if at the passing of this Act of Parliament there was present the power of all the three Estates in Parliament viz. King Lords and Commons and by vertue of this Act of Parliament the Parliament cannot be dissolved prorogued or adjourned unlesse it be by act of Parliament to bee passed for that purpose then the power of all the three Estates viz. King Lords and Commons must needs continue in Parliament till by Act of Parliament to be passed for that purpose this Parliament bee dissolved prorogued or adjourned But at the passing of this Act of Parliament there was present the power of all the three Estates in Parliament viz. King Lords and Commons vide the Act 〈◊〉 supra and by vertue of this Act of Parliament the Parliament cannot be dissolved prorogued or adjourned unlesse it be by Act of Parliament to be passed for that purpose vide also the Act 〈◊〉 supra Therefore the Power of all the three Estates in Parliament viz. King Lords and Commons must needs continue in Parliament till by Act of Parliament to bee passed for that purpose this Parliament be dissolved prorogued or adjourned And thus the particular by me affirmed is clearly proved viz. That though the person of the King bee absent from the Parliament yet the power of the King viz. as one of the three Estates in Parliament is present with the Parliament I now come briefly to the second part of your Querie and will endeavour herein as you call it to unfold your Riddle the other two Estates in Parliament viz. Lords and Commons cannot be absent from the Parliament neither in power nor ye● in person thus farre ●e grant you that many of the members of either House may bee absent from either of their respective Houses and yet the two Estates of Parliament continue entire in Parliament for there must be at least three Lords present in the House of Lords to make it a House and so an Estate in Parliament and forty Commons with the Speaker in the House of Commons to make it an House and so an Estate in Parliament and therefore there cannot bee as you affirme three Estates in Parliament and not a man amongst them and this I give as an answer to your fourth Querie and if you please you may also let it passe for the unfolding of your Riddle In the ●ifth place in page 24. you have these words
for truly I cannot dis●ern it But of this I am confident that it is app●oved by the Ch●rch of Scotland witnesse the Letter now in Print for all the Kingdome to see which was sent from the Generall Assembly 〈◊〉 the Church of Scotland to the Lord Major Alderme● and 〈…〉 of London June 18. 1646. manifesting thei● approbation of it and thankfulness for it And sure I may say● it is app●●ved by the generality of the ablest grave● and 〈…〉 witnesse their Petition subscribed by eight Thous●●● 〈◊〉 Hundred thirty and four of their Hands presented the twenty third of Iune 1646. to the Court of Common-Councell giving them Thankes for it testifying their approbation of ●t and des●●ing them to wait upon the House of Co●m●ns fo● their gracio●s answer to it which Petition is by Order of Co●●t since Printed And me think● you should not forget that the same Remonstrance for the substance of it was not onely well accepted but also graciously answered by the House of Lords And therefore ●urely in the judgment of all these the City Remonstrance ●s not ●udged 〈◊〉 But perhaps you ar●e of the ●ind● of 〈…〉 6. 16. who was 〈…〉 reason And I make as little 〈…〉 yet it is and will be 〈◊〉 all the Reformed Churches in Europe not one excep●●● 〈…〉 Q●arrells 〈…〉 is you have to say against the 〈…〉 whether in all probability the Reply and not the Remonstrance hath raised those disturbances for the Subject of the Remonstrance is an earnest desire of the settlement of government by one Uniforme Law for all the Subjects of England to submit equally and alike unto which I am sure must needs tend to peace and quietnesse but the d●ift of the Reply is quite contrary and therefore without all peradventure it 's this and its abettors and not that and its promoters which hath desired and occasioned these Divisions both in Church and State In pag. 9 you go about to shew that the Common-Councell by their Remonstrance did act in a direct evident and obvious manner against the expresse Will and Word of God and for proofe of this in page 11 you give us some Scriptures and some passages in the Remon●●rance which you say or at least would have the world beleeve is in a direct evident and obvious manner against the expresse Will and Word of God but you never tell the reader how or wherein they are so but thus you deliver them LET US TRY THEN WORD OF GOD CITY REMONSTRANCE Rom. 14. 5. Let ●very man bee fully perswaded in his owne minde That as we are Subjects of one Kingdom so all may bee equally required and here to delude the Reader you insert without making the least change of the character these following words as if they also were in the Remonstrance viz. Be they perswaded in their own minds or not perswaded to yeeld obedience to the government set forth or to be set forth by the Parliament Now I shall wholly all along in these your Parallels leave it to the judgment of the Reader to consider whether there be such an antipathy between these Scriptures and those Petitions of the Remonstrance as in the Remonstrance without your insertion they are exprest and crave your leave in the same way of parallel to set the same Scriptures with some branches of the Proposition● sent by both Houses of Parliament to the King and other pass●ges of Parliament and then desire your judgement whether they also 〈◊〉 a direct e●ident and obvious manner against the expresse Will and Word of God WORD OF GOD Propositions of both Houses of Parliament Article the 5th Rom. 14. 5. Let every man bee fully perswaded in his owne minde That r●formation of Religion according to the Coven●nt bee setled by Act of Parliament in su●h manner as both Houses have agreed or shall agree upon after consultation had with the assembly of Divines   ●CITI REMONSTRANCE Rom. 14. 13. That no man put a stumbling block or an occasion to fall in his b● others way That all such Sectaries as conform not to the publike Discipline established or to bee established by Parliament saith the Remonstrance but this you leave out may be fully declared against and some effectual course setled for proceeding against such persons Here say you is a stumbling block● viz. a menace in a brothers way Answ. But why doe you leave out the beginning of that prayer in the Petit●on which you cite●●t tels you the meaning of the Remonstrants by the words all such Sectaries ●iz Those immediately before mentioned as Anab●ptists Brownists Heretiques Schismaticks Blasphemers doe you not by omitting the mentioning of these indeavour to del●de the Reader I pray put down that Petition wholly together and let the Reader be fairly dea●t with all and have it as in the Remonstrance it is exprest an● then see how it is opposite to the Scripture by you set against it 〈…〉 〈…〉 I desire here also in a parallel way to set downe the Scriptu●● by you brought and a passage or two of the Parliaments and 〈◊〉 desire your judgement whether they also be in a direct evident and obvious manner against the expresse Will and Word of God WORD OF GOD ●Parliaments Declaration upon his Majesties Declaration after the Ba●taile at Edgebill Pag. 659. Rom● 14. 13. That 〈…〉 put a 〈…〉 blo●k or an occasion to fall in his brothers way Had not his Majesty seduced thereunto by that Popish and Prelaticall faction denyed his conse●t to the Bil for the Assembly so often by both Houses presented to him wee had long since manifested to the world by a well setled reformation our 〈◊〉 dislike of ●* Brownisme and Anab●ptisme Remonstrance of the State of the kingdom page 19. We do declare that it is far from our purpose or d●sire to let loose the golden reynes of discipline and government in the Church to leave private persons or particular Congregations to take up what for me of Divine Service they please for wee hold it requisite that there should be throughout the whole realme a conf●rmity to that Order which the Laws enjoyne according to the Word of God M●t. 7 12. As you would that men should doe unto you so doe unt● them for this is the Law and the Propheis Page 3. Wee will not receive impression of any forced construction of the Covenant compare this with Page 7. Will you never leave fals●fying where doe you finde any such expression in the Remonstrance either in Page 3 or 7. as this is viz. we will not receive impression of any forced construction of the Covenant The House of Commons in their late Declaration of the 17 of Aprill 1646. doe say Wee expect that the people of England should not receive impressions of any forced construction of that Covenant and in obedience thereunto the Remonstrants doe say in page 2 and 3 of the Remonstrance that in pursuance of that Noble resolution of this Honourable House for the due
observation of the Covenant and their expectation of conformity of the people of England thereunto expressed in the late Declaration we doe resolve by the grace of God not to receive impression of any forced construction thereof and is it now become an acting in a direct evident and obvious manne● against the expresse Will and Word of God for the Common-Councell to professe their resolutions to yeeld obedience to the desires and expectations of the House of Commons in their not receiving impressions of any forced constructions of the Covenant I desire your leave here also in a parallel way to set downe the Scripture by you here brought and another branch of the Propositions sent by both House of Parliament to the King and to desire your judgement whether that also be in a direct evident and obvious manne against the expresse Will and Word of God WORD OF GOD Propositions of both Houses of Parliament Article the 6th Mat. 7. 12 A● you would that men should do unto you so do unto them for this is the Law and the Pro●hets For as much as both Kingdomes are mutually obliged by the same Covenant to endeavour the nearest conjunction and uniformity in matters of Religion That such unity and uniformity in Religion according to the Covenant as after consultation had with the Divines of both kingdoms now assembled is or shall bee jointly agreed upon by both Houses of Parliament of England and by the Church and Ki●gdom of Scotland be confirmed by Acts of Parliament of both Kingdomes respectively   CITY REMONSTRANCE Mat. 7. 1● As you would that men should doe unto you so doe unto them for this is the Law the Pro●hets The 4 Petition That no person disaffected to Pre●byterian government saith the Remonstrance s●t forth or to be set forth by the Parliament but according to your usuall course this to blind the reader you sti●● leav● ou● may be employed in any place of publike trust and the● you add which is not at all in that Petition those words viz. But some effectual course setled to proceed against such persons as in the 3 Petition where there is not the shadow of a word tending to any such purpose I confesse the words you● cite are in the 2d Petition but not at all in the least manner applyed to persons onely disaffected to Presbyterian government for there is no such word in that Petition nor any thing looking that way neither doth the Common-Councell in any part of their Petitions so much as desire that persons onely disaffected to Presbyterian government should by some effectuall course setled be proceeded against and therefore methinks you should have been a little more considerate before you should thus falsly and unjustly have charged the Common-Councell to act in a direct evident and obvious manner against the expresse Will and Word of God This I will grant you that in the second Petition the Common-Councell doth desire that all Anabaptists Brownists He●etiques Schismaticks Blasphemers and all such Sect●ries as conforme not to the publike Discipline established or to be established by Parliament may be fully declared against and some effectuall course setled for proceeding against such Persons but is there no difference between Anabaptists Brownists Heretiques ●chismaticks Sectaries and persons but disaffected to Presbyterian government I pray tell mee your minde plainly would you have Heretiques and Blasphemers 〈◊〉 such as deny the Scriptures to bee the Word of God such as professe the Scriptures are writings onely probable to be beleeved as the Story of King Henry the eighth● such as deny the Trinity of Persons in the Unity of Essence such as call the Trinity a three headed Cerberus ●uch as deny the Divinity of Christ such as deny the immortality of the Soule and such as deny that there is a God or say if there bee a God the Devill is a God such as say God is the author of sin such who hold that all men shall bee saved yea and the Devills too such as say that Christs humane Nature is defiled with Originall sin as well as ours such as hold that all R●ligions Worships Consciences whether Paganish Jewish Antichristian c. should bee tolerated would you have these tolerated or would you not have some effectuall course setled for proceeding against such Persons or doe you thinke these to be no more dangerous if permitted to broach these Here●ies and Blasphemies in the Kingdom then to permit persons otherwise every way peaceable godly and orthodox because meerly disaffected to Presbyterian government I desire here also in a parallel way to set downe the Scripture by you here brought and a Vote of the House of Commons of the 30 Iuly 1641. and to desire your judgement whether that also be in a direct evident and obvious manner against the expresse Will and Word of God WORD OF GOD Vote of the House of Commons die V●neris 30 Iubii 1641. Mat. 7. 12 As you would 〈◊〉 men should doe unto you so doe unto them for this is the Law and the Prophets Resolved upon the Question That this House doth conceive that the Protestation made by them is sit to be taken by every person that is well-affected in Religion and to the good of the Common-wealth And ●herefore doth ●eclar● That what person soever shall not take the Protestation is unfit to bear Office in the Church o● Common-wealth Thus having given you these Articles of the Propositions of both Houses of Parliament sent to the King for a safe and well grounded Peace and the other passages of both or either House of Parliament which I have placed after your example in a parallel way against the Scriptures by you brought and desired your judgement whether these also do act as you would have the world beleeve the Petitio●s in the Remonstrance doth in a di●ect evident and obvious manner against the expresse Will and Word of God I pray you now also seriously to consider of those Petitions in the Remonstrance and compare them together with thes● Propositions for Peace and the other passages of both or either House of Parliament and then tell mee what the Remonstrants in those three so much by you condemned Petitions for the substance of them did more desire of the Parliament then both Houses of Parliament have now proposed to the King or hath been formerly by them in these passages of both or either House of Parliament declared to the world The● you say Presbyteriall government is not in the Covenant there●●re a● 〈◊〉 and this say you you inforce upon others though you will receive no forc●d con●●ruction of the same your selves Answ. Where did the Remonstrants say that Presbyteriall government was in the Covenant and if they never said it as they never did why doe you here bring it in as if they had said it I hope that at last you will learne to forbeare falsifying It is true that in page 2 of the Remonstrance they speake of Ordinance● for
transcribe my very words where I told you that by the three Estates I meant as all the Laws and Records of the Kingdome expresse it and as all men unquestionably have hitherto concluded it and as the truth in it selfe is the King the Lords and the Commons Your second Querie is What I meane by Fundamentall and then you tell the Reader that I say the King the Lords and Commons are the three Estates of which the Fundamentall constitution of the Kingdome is made up It 's true I did and doe say so still and you say little to contradict it onely you aske another question which how wise a one it is I desire the Reader to observe for I must not judge viz. are there three Fundamentalls and you propose it as if I had said or imply'd so much and then you tell the Reader you ever thought there had been but one and in this I agree with you but herein is our difference which you and I must leave to the judgement of the reader to determine I say this one Fundamental constitution of the Kingd●m is the three Estates of the King Lords and Commons and this I still abide by but you say this one Fundamentall is the Commons and that for two Reasons 1. Bec●use the Commons made the King and the King made the Lords and so the Commons are the prime ●ound●tion 2. B●cause both the King and the Lords were adv●nced for the benefit quiet and welfare of the Commons and not the Commons made for them And you say if you are deceived the common Maxime of Salus populi suprema Lex deceived you Answ. First the frame of the Government of this Kingdome by the admired wisdom of the Architects and Contrivers thereof is so composed of these three Estates as may best preserve the whole and keep either of those Estates from any such exorbitancy as might destroy the other for as they are the three Estates in Parliament I humbly conc●ive there is no subordination of the one to the other but a co-ordination of them all three together by which the Princes Soveraignty and the peoples freedome and liberty are together preserved and maintained and herein is that common Maxime of Salus populi suprema Lex chiefly made good Secondly the legislative Power of this Kingdom is not in any one Estate distinct but in al the three Estates conjunct yea the very root and essence of this Legislative Power is compounded and as it were mixed together in the three Estates of King Lords and Commons and these three concurrent Estates producing one supreme Act as con-Cause ca●not have a subordination among themselves it not being imaginable how a power can cause the supreme effect and yet be subordinate thus the very being of our Common and Statute Lawes prove this truth for they are not composed nor enacted by any one of the three Estates divisim but they are established by the sole authority of the three Estates conjunctin every act being enacted by the Kings most excellent Majesty and by the authority of the Lords and C●mmons assembled in Parliament Thirdly I must needs dissent from you in that you say that both the King and the Lords were advanced for the bene●●t quiet and welfare of the Commons if your meaning bee as indeed by your words it seems to be exclusive excluding therein the benefit quiet and welfare of the King and the Lords for I conceive the benefi● quiet and welfare of the whole viz. King Lords and Comm●ns was equally and alike intended in the Fundamentall constitution of the Kingdom and so the Commons were as well made for the King as the King for the Commons yea the King and the Lords and the Commons were all alike made for the benefit quiet and welfare each of others and so of the whole together and this is that which in my minde maketh the Constitution of this Kingdome in this state of a limited and mixed Monarchy farre to surpasse the Constitution of any other Kingdome that I know and I think that in a good sense it may truly bee said of the severall members of this thus constituted Po●itique body of this Kingdome as the Apostle 1 Cor. 12. 21. speakes of the members of the naturall body the eye c●nnot s●y to the b●nd I have no need of thee nor again the ●ead to the feet I have no need of you for as every member in the naturall body is by God there set and placed not alone for its owne good but for the welfare of the whole and accordingly it acts and is serviceable therein for the good of the whole yea such a naturall necessity there is in the body of every member that not any one member can be wanting but the body is thereby defective and so the eye cannot say to the ●and I have no need of thee nor againe the head to the feet I h●v● no need of you So in the body Politique of this Common-wealth by the ancient and excellent Constitution thereof the three Estates viz. King Lords and Commons are so set and placed that in their severall stations they should not act alone for their owne particular but for the Common and Publike good and welfare of the whole yea I humbly conceive that to the upholding continuance of this so excellent a Constitution there is such a Politique necessity of every one of the three Estates in this Commonwealth for the preservation of the whole that the King cannot say to the Commons I have no need of you nor againe the Commons to the King I have no need of thee nor yet the King and the Commons to the Lords we have no need of you For if any one Estate in this b●dy Politique be cut off the whole constitution is presently destroyed and when I seriously consider how by the Fundamentall Constitution of this Kingdom there is such care taken for the preservation of the Soveraignty of the King and yet withall such provision made for the just Liberties and freedome of the people and how the one may be justly allayed and yet consist without impeachment of the other I cannot but conceive it to be unparalleld for true policy in the whole world and thus much in answer to your two first Q●eries Your third Querie is whether the King and suppose the major part of the Lord whi●h m●ke up two Estates do● agree tog●ther suppose it be to set up absolute prerogative and the Commons will not assent hereunto whether the majo● part of the Estates must not conclude the minor the two conclude the third and so as for the Common will they nill they sl●●es they must be and slaves they shall be Answ. To the making of a Law there must bee the concurrent consent of all the three Estates viz. King Lords and Commons the King and the Lords without the consent of the Commons can make no Law valid and in that case the major part of the Estate● doe not