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	successor_n	2,446	5	9.0199	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91317	A vindication of the imprisoned and secluded Members of the House of Commons, from the aspersions cast upon them, and the majority of the House, in a paper lately printed and published: intituled, An humble answer of the Generall Councel of the officers of the Army under his Excellency Thomas Lord Fairfax, to the demands of the Honourable Commons of England in Parliament assembled: concerning the late securing or secluding some Members thereof.	Prynne, William, 1600-1669.	1649 (1649)	Wing P4128; Thomason E539_5; ESTC R7280	23,082	37

taking off Declarations c. as was desired His Majestie granted the third Proposition concerning the Militia as was desired His Majestie consented to the Proposition of Irela limiting the time of the Parliam disposing Offices to 20. yeers His Majesty consented to such Acts for Publike Debts and Publike uses as should be presented within two yeeres and incurred within the time His Majesty granted as it was desired to the Proposition ●ncerning Peers His Majesty granted the disposing of Offices in England to the Parliament so that the time limitted exceed not twenty yeares His Majesty granted the taking away the Court of Wards having 100000l per annum allowed in leiw thereof to bee raised as the Parliament shall think fit His Majesty granted to declare against the Earl of Ormonds power and proceedings after an agreement with his Houses The onely difference remaineth upon two Propositions that concerning Delinquents and that concerning the Church For the first of these wee shall here set down that part of the Kings ●●all answer wherein the difference lieth And his Majesty doth consent that the severall persons comprised in the said Propositions shall submit to moderate Compositions according to such r●tes and proportions as they and the two Houses shall agree upon The particulars whereof his Majesty leaves wholy to such agreement desiring only that the rates and value may be mittigated and reduced to a more moderate proportion and his Majesty will give way that the persons insisted upon by his two Houses shall be removed from his Councell and be restrained from comming within the verge of the King Queenes and Princes Court and that they may not beare any office or have any imployment in the State or Common-wealth without advice and consent of both his Houses of Parliament But his Majesty cannot agree that those who do the contrary shall incurre such severe penalties as to be guilty of high Treason and forfeit their lives and estates without any capacity of pardon as in the said Proposition is contained there being a penalty legally implied upon the breach of any Act of Parliament which his Majesty intends not to disponce withall As to the seven persons mentioned in the said Votes to bee excepted his Majesty for the peace of the Kingdom will consent that they may absent themselves out of the Kingdom for such time us the two Houses shall think fit desiring neverthelesse that they may be admitted to Composition for their Estates and if any of them shall be proceeded against according to the ancient and established Law of the Kingdom his Majesty will not interpose to hinder any legall proceedings thereupon but that his Majesty should joyne in any Act for the taking away of the life or estates of any that have adhered to him his Majesty cannot with Iustice and Honour agree thereunto As to all other persons mentioned in the Propositions his Majesty will further consent that they shall not sit or vote as Members or assistants in either House of Parliament nor continue nor bee of his Majesties privy Councell Officers of State or Iudges or in other Offices without consent of both Houses As for all Clergy men against whom any scandalous life can be proved or other legall Charges his Majesty wlll remit them to the Law But for all others who shall conforme to what his Majesty and his two Houses shall agree upon his Majesty conceives fit where their livings are void they may be restored to them and where any other is incumbent in any of their preferments that the party now outed of his living may receive a third part of the profits unlesse he be otherwise provided that thus the one may not want a livelihood nor the other be outed of any living untill some fitting preferment be found for eithor In this answer though the King doth not fully grant what the Houses desire yet he consents to joyne with the Houses in making them incapable of bearing any Office of publique trust without the consent of the Houses And for these whom the Houses propose to compound with the King leaves them to such Compositions as they and the Houses shall agree on which is the conditioo they are now in the Houses forceing composition upon none but by sequestration of their estates which continues untill they compound And for these whom the Houses proposed to proceed against capitally the King leaves them to a legall tryall with a Declaration that he will not interpose to hinder it which satisfied the maine grievance of the Parliament as we conceive dedeclared in the beginning of their War concerning Delinquents which was not for that the King refused to joyne himself with the Houses punishing of Delinquents but for that the King by force of Armes protected Delinquents from justice and all that the House did desire in the Proposition concerning Delinquents presented to the King at Oxford February 1642. was that your Majesty leave Delinquents to a legall tryall and judgement of Parliament And wee see not what evasion from Iustice is left to such as have made War against the Parliament and Law of the land when the King first by a Law declares the Parliaments war to be just and afterwards leaves these that had fought against them to the judg●ment of the ●awes The second Proposition wherein the onely materiall difference resteth is that of the Church which standeth thus viz. The Houses proposed that a Bill be passed for the utter abolishing of Arch-Bishops Bishops c. and for sale of Bishops Lands That Reformation of Religion bee setled by Act of Parliament in such manner as both Houses have agreed or shall agree upon To which the King answers That it is his judgement and conscience that he cannot as he stands yet informed abolish Episcopacy out of the Church yet because he apprehends how fatall new distractions may be to this Kingdom and that he beleeves his two Houses will yeeld to truth if that shall bè manifested to them if convinced his Majesty doth again desire that there be a Consultation of Divines as he hath formerly proposed and his Majesty will suspend the Episcopall power as well in point of Ordination of Ministers as in that of Iurisdiction untill he and his two Houses agree what Government shall be establisht in the future As for the Bishops Lands though hee cannot consent to the absolute alienation of them from the Church yet he will agree t●at the propriety and inheritance shall by Act of Parliament be setled in the Crowne to be declared in trust for the use of the Church-men to be imployed by his Majesty his heires and successours with advice of his two Houses for the use aforesaid and that Leases shall be made for lives or years not exceeding 99 years for the satisfaction of the Purchasors and Contractors according to his former answers or reserving the old rents or other moderate rents for the maintenance of them to whom they did formerly belong and for the future

the Souldiers in the Kingdom were published For the fourth Article their countenancing abetting and partaking wish the tumultuous violence of the Apprentices and others against both Houses of Parliament It seems strange to us when they had this in their thoughts to charge it as a Crime upon us they did not think of what themselves are doing and much more that they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence offered to the House by them of a far higher nature If it were a crim in the Apprentices why do the Army the same thing If it were no Crime why doe they complain of Us for abetting and partaking with it wherefore We say that there is not the least colour or shadow of truth and doe every one of Us for Our selves respectively utterly deny it And for setting up a new Speaker the House of Commons did no more then what in all ages hath been their undoubted right to do in the case of want of a Speaker And as to the Ordinances and Votes then passed We should make a particular Answer thereunto but that by the Ordinance of the 20. of Aug. following they are made void and null in themselves which silences Us for the present For the fifth Article The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Ins●●rections in Kent the revolted Ships and Prince of Wales and with the Scots Armie We do every one of Us for our selvel respectively denie the having any hand therein Having thus given Our Answers to those Five particulars wherein the necessity is assigned by which they endeauour to justifie their proceedings against Us Wee leave it to the judgment of their owne Consciences whether they doe not bear witnesse within them that in all these particulars they have groundlesly accused Us of those things of which they for the most part are guilty and know Us to be innocent In these we have used the more brevitie that We might be the more large upon the sixt Section of the Paper wherein they say That when the Army was dispersed and engaged in severall parts of the Kingdome in opposing the Enemies suppressing the troubles these men had raised and when many faithfull Members of Parliament were employed abroad upon necessary publique services and others through malignant tumults about the Citie could not with safetie attend the House then the corrupt and apostatizing party taking advantage of these distractions and diversions which themselves had caused first recalled in those Members c. then they recalled those Votes for non-addresses and Voted a Personall Treatie with the King To all which scandalous aspersions Wee Answer That they are altogether groundlesse if there were any reality in what they would here insinuate That the proceedings of this Treaty were not by the Concurrrence of the House but surrepticiously gayned by taking advantage of the absence of many faithfull Members Why doe they complaine then in other parts of their Paper That the Majorit●e of the House is corrupt and take paines to shew how the Majoritie of the House came to be formed to serve the King and other coreupt Interests or what necessitie was there for them to force the absence of two hundred Members of the House at 〈◊〉 for what i● done in this Treat●e if the complaint here be just that 〈◊〉 proceedings thereunto were through the absence of the Members that could not with safety attend the House and for the distractions in the Countries which they speake of It is manifest to all men that heard the cryes of the Countries at that time who in part occasioned those distempers even in the Countri●a neerest and best affected to the Parliament who never during the Warre exprest so high contempt to the authority of Parliament untill the like had bin first done by the Armies quartering upon and amongst them a little before And although the president was followed by Sea and Land almost to the ruine of Parliament and Kingdome yet those Members if they meane such as are imprisoned and secluded which they most uncivilly and nuchristianly requite with the reproach of Apostates were many of them imployed and did improve the utmost of their interests in La●cashire Yorkeshire Lincolneshire Heref●rdshire Hampshire Suffolke Essex London and Surrey and many other parts of the Kingdome to quiet distractions and oppose Insurrections which the extremity of the Armies proceedings had i● part occastioned We never judged Tumults nor Insurrections the way to Peace and Settlement And for the Charge of some of the eleven Members to have taken Commissious from the Prince W●lay and every of them for themselves affirming the Charge of their taking Commissions from the Prince or any other whatsoever by verieu of his Authority is a most malicious and scandalous asperstion They abhorring to deviate in the least from what their primitive engagements were which they have from first to last continued in and shall doe by Gods assistance notwithstanding all Calamnies cast on them or sufferings though to the utmost for so doing Having thus cleared the entrance to the Treatie from th●se prejudices laid in the way therunto We come to that Vote of the House Decemb. 5. That the Answer of the Ke●● to the Propositions of both Houses are a ●ound for the House to proceed upon for the settlement of the Peace of the Kingdome Of which they say that though they advanced hither to attend Providence for the opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yee they said nor acted nothing in relation to the Parliament nor any Member thereof untill by that Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Design in bringing in the King c. Doe they call their threatning Remonstrance sent to the House and the Declaration then published to explaine the meaning thereof divers dayes before this a saying nothing in relation to the Parliament and their Marching up to the Citie of London and Westminster with so many Regiments of the Army contrary to the Order of the House a doing nothing in relation to the Parliament By this it seemes the passing of this Vote is the very point of that necessity which they take to justifie all their present actings in relation to the Parliament For before that passed they say they acted nothing therefore We shall be more large upon this Subject We shall therefore first state the matter in difference betwixt the Propositions of the Houses and the Kings Answers As the Propositions to the King in the Isle of Weight contained in them all that security which the Houses have judged necessary to propose for themselves those that have adhered to them in the Warres and for the peace of the whole Kingdome so the King granteth all those Propositions in which the main security resteth viz. His Majestie granted the first Proposition for

benefit of the Church And in all things else his Majesty refers himselfe to his former answers And in his former answers dated October 21. 1648. He consents to the taking away all Arch-bishops Chancellours Commissaries Deans and Sub-deans and Chapters Arch deacons Cannons and Prebendaries and all Chanters Chancellours Treasurers Succentours Sachrists old Vicars new Vicars of any Cathedrall Church and all other their under officers out of the Church of England Dominion of Wales and Church of Ireland In these answers as wee conceive the King takes away the government of the Church by Arch-bishops Bishops c. by his taking away their Courts the Bishops having no authority to convent any person send for any witnesse heare any cause passe any censure or judgement or exercise any Acts of Church Government but by and in their Courts which being by this answer abolisht the Government fals And for their power of Ordination though it bee not absolutely taken away yet the exercise of it is susp●nded so as it is equivalent for the Bishops can never exercise that power againe in England untill they be restored hereunto by Act of Parliament And if that power had been absolutely taken away yet if the King and both Houses of Parliament restore it it is againe establisht So that the maine desect in this answer is in that the King agree● to settle the Presbyteri●n Government onely for three yeares and that at the end of that time there is no Government in the Church untill it bee setled by Act of Parliament Wee professe herein that the Kings Answer comes farre short of what we desired and of what we shall use our best endeavours fully to effect according to former engagements there being nothing wherein wee should more rejoyce then to see as the power and purity of Doctrine so the beauty of Order and golden Reynes of Discipline strengthned and establ●sht by a perpetuall Law amongst us Yet the King consents to the s●●ling of this Government in this Answer for so long a time as the Hou●es formerly in their Ordinances presented to him at Newc●stle did themselves think fit to settle it This b●ing the true st●te of the d●fference betwixt the Kings Answer and the Proposi●ions of the Houses for a safe and well grounded Peace which were the subject of the Houses debate Decemb. the 5th We shall in the next place before We come to those Reasons which induced Us thereupon to Vote that c. We shall premise First by this Vote the House did not determine as We conceive the having no further Treaty with his Majesty before a concluding and declaring of Peace nor was the Houses so bound up hereby that they could not propose any thing further wherein the Kings Answers are defective or from making any new Propositions for the better healing our b●e●ches or more safe binding up a just and righteous Peace which as it doth appeare by the Words of the Vote it selfe so it is also manifest to bee the full purpose and sense of the House therein by their laying aside the former Vote that the Kings Answers are satisfactory by a Question upon a long debate And at the same time framing and passing this Vote whereby they only lay hold of these large Concessions and declare their judgements thereupon against a breach with the King and continuance of this unnaturall Warre betwixt the King and his people upon the difference at last by the blessing of God brought into so narrow a compasse And this being a true state of the matter then in debate and Our sense in the Vote that passed thereupon Wee judged it most consistent with Our duties as Christians and our Trust as Members of Parliament to make this step having so much ground given Us towards the happy settlement of thi● Kingdom in Peace This being publisht in Print to be so high a crime in Us as to justifie whatsoever the Army hath done against Vs and God and Man being appealed unto therein We shall here lay down some of the Considerations both on the one hand and on the other which carryed our Iudgements to the passing this Vote 1. The advantages by this proceeding towards a close with the King upon what hee hath granted are the saving of the Kingdome of Ireland out of the hands of the bloudy Popish Rebels and preserving it to the Crown of England the regaining the revolted Navie and freedome of the Seas the support of the Ancient and well constitu●ed Government of this Kingdome the honour of Parliament in making Peace after so troublesome a Warre and in a word the stoping the most sad issue of English bloud that ever was opened in this Nation and the putting of the people of this Kingdome into possession of greater security of their Lawes and Liberties against the over growing power of the Kings Prorogative then ever any of Our Ancestors in the greatest of their successes could ever attaine unto The consequences visible in our eyes if we should upon the matter in difference have made a breach with the King are 1. The deposing if not the taking away the life of the King what miseries upon either of these have formerly ensued to this Kingdome our own Histories tell Us Although for the latter which Wee unwillingly mention there was never any president for it in this Kingdome nor ever made by any Protestants in the World and We desire it may never bee done by any in this Kingdome being that which from our harts We doe detest and abhorre We cannot but remember in the end of our Warre the day wherein God hath given Vs prosperity the Declarations which We made in the beginning of Our Warre and the obligations which We laid upon our selves and the Kingdome when we were low In the Petition of Lords and Commons presented to his Majesty by the Earl of Stamford c. April the 8th 1642. are these words viz. That you will please to reject all Councels and apprehensions which may any way derogate from that faithfulnesse and Allegiance which in truth and sincerity We have alwayes born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes In a Declaration and Protestation of the Lords and Commons assembled in Parliament setting forth the Cause and ends of their taking up Armes to this Kingdome and to the whole World Octob. 22. 1642. are these words viz. We the Lords and Commons in this present Parliament assembled doe in the presence of Almighty God for the satisfaction of our consciences and the discharge of that great Trust which lies upon Vs make this Protestation and Declaration to this Kingdome and Nation and to the whole World That no private passion or respect no evill intention to his Majesties Person no design● to the prejudice of his just honour and Authority engaged Vs to raise Forces and take up Armes against the Authors of this W●rre wherewith the Kingdome is now inflamed and We

it not their Covenant who have taken it as well as ours We say we took the Covenant without any equivocation or mental reservation and by Gods assistance have endeavoured and shall indeavour to continue faithfull therein although they seem here to scorn both it and us If they make this Objection with any sincerity here what is meant in the third page of their Paper by these words viz. Div●ns of those whose Principles were more complyant to a closure with the King upon satisfaction in the particular matiers especially concerning the Form of Religion and Church Government which they mainly aff●ct●d There they suggest that wee fall in with Malignants to obtain the Church Government which wee affect and here they insinuat that we break the Covenant in not insisting more for it But for the Covenant wee say the Kings Answer takes away Church Government by Arch Bishops Bishops c. by taking away their Courts and so farre takes away their Power of Ordination that it can never be revived again but by an Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land and instead thereof the Presbyterian Government is put into possession by a Law for three yeares And wee say that the King having granted the rest of the Propositions and so much in this the Covenant doth not oblige us to make Warre upon this point to gaine what wee desired after the three yeares and shall really and constantly endeavour to obtain in our places and Callings Nothing could have made the Kingdome more irreconsileable to the Presbyterie then to have made that the sole Obstruction of the Peace and state of Warre● and it is evident except wee should put out the eye of our reason that besides the hope we might have of His Majesties comming neerer to us in this point and in the Covenant it selfe upon our comming neerer to Him in the absolute concluding and declar●ng of Peace the Parliament by what is granted already is put into a better capacity for setling Presbytery by a perpetuall Law then as things now stand they can reasonably presume of by the continuance of Warre The power of the sword apparently threatning not only the destruction of this Government of the Church but the being of the Church if Almighty God prevent not by striking at the foundations of our Faith contemning conscientious Ministers and Ministery it self taking away their Maintenance obstructing the Reformation of the Universities slighting of learning and professedly promoting a most licentious Toleration for all manner of Errors Heresies Schismes and prophaness in the Kingdome This being our present condition we hope we shall be sufficiently cleared from the least suspition of declining in our zeal to the Covenant which we have taken in what we have done For the Publick Faith passed upon the sale of Bishops lands We say that though the Purchasers might have afforded to have give● the same rates for their purchases if they might have had them assured to them by Act of Parliament●for 99 years and such moderate ●ents reserved as the King ●●timated in His Answer yet according to His Answer expressing further a satisfaction to be given to them we should not have consented to any such Act of Parliament for setling the remainder in Him and ensuring the said Rents until the Purchasers who were in possession and still held by the same Title under which they bought them should be satisfied And in case they should not be so satisfied we were not by the said Vote concluded from insisting further for a full Confirmation of their purchases having never actually agreed with the King upon any such Terms but prest● it is the last to get a full confirmation thereof and only Voted that this was a sufficient ground to proceed further And now we appeal to the Purchasers themselves whether we ought to have made an absolute breach upon this point or thereby should have performed our Publique Faith to the whole Kingdome and themselves As to what is said that the corrupt majority would not lend an Eare to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it Wee answer that this is an unreasonable objection by them who endeavours to perpetuate an Army upon the Kingdome Nor is the continuance of this Parliament objected at large but that we are not willing to render our Power back again to the People by which means as their other Papers and actions tell us a new Representative made by the Army so that the complaint in effect is that we are not willing to render the power put into us for the Government of the Kingdome into the hands of the Army which wee con●esse wee think wee ought not to doe But as there is little doubt to be made that before an absolute conclusion of Peace with the King an Act might have been had for putting a Period in short time to this Parliament We for our parts when the Kingdome should had been in quiet possession of these Propositions by Acts of Parliament upon the conclusion and settlement of Peace There are no persons living would be more desirous then our selves to put a Period to our service in Parliament and leave it to the care of succeeding Parliaments to preserve what this hath gained to our Posterity Wee should have ended this point here but for one objection more which is made by their other Papers against any Agreement with the King viz. That whatsoever the King grants in this Treaty hee may plead force to breake it and that for any thing can bee discovered hee is like to use his endeavours to spoile us by policy of what we have gained by the expence of so much bloud For answer hereunto We say first That this objection lies against any agreement with the King though hee granted all the Houses desired or could desire and against any agreement betwixt King and people after a Warre made It can hardly be imagined after such differences but that for sometime animosities will remain and a disposition in those who thinke they have lost any part of their power to regain it It being naturall to all men in power to increase their power That this objection lay as strong against all former Treaties with His Majesty for Peace after the Warre began and against the declared end of the Parliaments Warre and of all just Warre a good Peace with His Majesty But more particularly wee say That the weight of this objection depends only upon an uncertain conjecture of what may or may not bee hereafter and the former experience which this Kingdome hath had in keeping such Agreements made in the heat of former differences strengthened us against the feare of the danger of it And though sometimes the Kings of this Realme and particularly this King have adventured to weaken their owne Grants for a time yet they have ever beene regained with advantage