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	void_a	3,949	5	9.2539	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45120	Advice before it be too late: or, A breviate for the convention humbly presented to the Lords and Commons of England.	Humfrey, John, 1621-1719.	1688 (1688)	Wing H3665; ESTC R220351	6,613	4

Rex but Hostis and Hostis Publicus Besides the subjecting us to a Foreign Jurisdiction and the very Changing the Government by that indefinite Dispensing Power over the Laws as was carved to him by his Judges from Regal to Despotical It is Judged by them that he is fallen thereupon from his Royal Dignity and that the Vniversality thereby have Warrant not only to defend themselves against Him but by Vertue of that Sanction which is tacitly implyed in the Laws of the Constitution to proceed on to take the Forfeiture He hath made of his Government and Depose Him For it is a fond thing think they to imagine any Laws without a Sanction and impossible there should be any other Sanction in Treaties between Free Nations or between a Free People and the Governor they set over Themselves than Force to be used by the Parties concern'd there being no Third Party on Earth to appeal to in such Cases However this be it being taken for granted That the Government is dissolved and I suppose upon that preceding Account of the One Corporation I say being broke the Supreme Authority that lay before in the Three as united in One does escheat or fall to the Community who must therefore choose a new Subject for that Power and it lies at their Discretion to place it in what Subject they please They may lodge it in the Lords and Commons alone without a King if they think that Government best the matter lies altogether upon their Agreement and Consent I suppose it most likely that they will agree to place it again in a Monarch Lords and Commons the Person only left at Choice and Care had to prevent all Danger of Law in the Case according to the Ancient Constitution Though who can know the Mind of a Nation when once come together if he knows his own Mind There is one thing we have now Opportunity to obtain which we can never recover again if it be 〈◊〉 and that is what His Highness the Prince of ●●an●● hath made One of his Two Designs The Delivery of the People from Slavery which can never be done effectually and radically but upon this Advantage The Delivering us from Popery is contained in the Setling our Religion and That being a Work of great length is the business more properly of a Parliament but This is a thing must be done by the Community and consequently by those that are the Representatives of it a Convention so Called in regard to a Higher Capacity hereunto and not a Parliament for that represents the People not as in a Community but as in a Common-wealth where there is pars imperans as well as subdita which now is not A Parliament makes Laws for the Administration but the People as in a Community makes Laws for the Constitution I would therefore humbly offer it to the Consideration of Those who shall meet as Members of this Convention That in order to the Effect premised they do but agree and pitch upon this One certain Point of good Polity That where they place the Supreme Authority they lay also the Rights or Properties of it that is the Jura Majestatis Majestas being Maxima Potestas all together The Rights of Majesty or the Supreme Power are mainly these The First is Legislation or making Laws and this undoubtedly lies in a Parliament The next is the Power of raising Arms or Armies or the Militia the Power of making Peace and War or the Power of the Sword which is necessary to maintain those Laws The Third is a Power over our Estates or the Purse or raising Money which must maintain the Sword. A Fourth is the Power of choosing Magistrates to rule Us according to these Laws such as Judges and Sheriffs to name no other A Fifth is the last Appeal Now let but the Power of the Militia and choosing Magistrates be laid where Legislation is and we shall be fundamentally delivered from all Slavery for ever in the Nation If we be Enslaved or oppressed by any Prince for the Time to come it must be either by Force or by Injustice We cannot be oppressed by Force because no Forces then can be raised by him but by a Parliament He cannot rule by an Army or by Violence for the Militia is in the Lords and Commons as well as in Him and They will not let him do so We cannot be oppressed with Injustice for the Judges and Officers entrust●d with the Execution of Justice shall be ●be●o● also by them and they will look 〈…〉 It is true while no Parliame●● 〈…〉 by Vertue of the Executive 〈…〉 ●●●ay raise Arms and put in O●● 〈…〉 there is ne●d but Both these are 〈…〉 the Controul of the next Parliamen● 〈…〉 therefore to sit often by ancient Stat●● 〈…〉 being no War to be levied nor Magistrates Confirmed without their Approbation Let us remember the State we are in a State that puts the Supreme Power in the hands of the People to place it as they will and therefore to bound and limit it as they see fit for the publick Utility and if they do it not Now the Ages to come will have occasion to blame them for ever When the supreme Power is upon the disposing if they do not take this Item as part of their proper Work To bind the Descent of it to a Protestant I shall blame them But I shall do so much more if after the danger we have been in of Arbitrary Domination and Popery by the King 's raising Arms and putting Judges in and out at his Pleasure they do not take more care of the Supreme Power to lay it and its Rights better together Especially seeing nothing can indeed be That in Nature which it is without its Properties This is uniform I must persist to the Nature of Government That where the Supreme Authority is there must be its Prerogatives and where the chief or principal Rights of it is there should all the rest which depend upon and belong to it be placed also Where Legislation is lodged there should the Militia there should the Power of making Judges to name nothing more than serves my turn be lodged also It is this hath been the great Declension Fault or Defect of our English Common-wealth That the People have suffered these Rights of Soveraignty to come to be divided arising we must conceive from the Administration that is Mal Administration as appears for Example in the Militia which upon the fresh coming in of the Late King was in two or three hot Acts declared to Be and ever to have Been in the King when both the Assertion was gross Flattery and such Acts void as fundamentally repugnant with the constitution There is one Difficulty to be thought on and that is the Negative Voice of the Prince in his Parliament The Lords and Commons may agree upon some Law for the Publick Benefit and the King alone may refuse to pass it If he be obstinate this is a great