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
A91141	The aphorismes of the kingdome. 1. The Parliament is the moderation of monarchy. ... 2. The power of it is sufficient to prevent and restraine tyranny. ... 3. The essence of the law is the free consent of the law-makers. ... 4. The sole reason of the King is not the sound judgement of the kingdome. ... 5. All the votes in Parliament are directive to the law, none destructive. ... 6. The vote that is directive and coactive, is no wayes nomotheticall. ... 7. The negative vote of a King is no more than the dissent of one man. ... 8. The affirmative vote of a King makes not the law; ergo, the negative cannot destroy it. ... 9. He that cannot destroy a law made, cannot destroy it in the making. ... 10. The power that makes lawes, repeales and revives them as reason requires. ... 11. Kings that doe good to their subjects of bountie, would be free of the obligation. ... 12. Laws are the best directions and obligations for all men to follow. To submit the principality to the laws is more than the crowne. ...	Prynne, William, 1600-1669,	1642 (1642)	Wing P3893; Thomason E240_26; Thomason E240_27; ESTC R8933	10,462	8

make his Parliament the Lyons Den to hold his Subjects doing and to do nothing out what he likes They will be strang Votes that that are all forced to one mans Vote and an absolute negative voice to make voyd all affirmatives or one affirmative to co●mand all negatives but His Majestie will say to the making of a Law his affirmative Vote with the most makes a Law but his negative Vote against all or the most destroys ir so that we shall have no more Laws than he pleaseth I would ●ut aske this one question whether sufficient consent is not the essence of the Law It will be answered so the Kings consent be in it otherwise the Law will want essence I must aske again in the freedom of the will what is more in the Kings consent than in another man that hath as much power to consent as the King himself will you say power I must aske again what power certainly it must be a free power and then no difference for the meanest man in Parliament is as free as the King to give his Vote and no Law can be made without consent so qualified and he that will command the making of a Law is to his Subjects as the Law is obligatory to all and so all the Parliament men are as much obliged in the Legislat●ve power to the King as all the Kingdom is to the Law when it is made by such a power and there●ore the whole power of the Law is in the King and the Parliament men are but Cypners or if they be to counsell the King they may not consent to the Law or if they may it must not be to the making of it or if to that it must be to the Kings consent not as consultive with the rest but coactive to all for one may consent to another as in the Raigne of Edw. the third the Commons desired they might not give counsell in a commotion but that the King with his Counsell would give it as the more knowing men and at the last they gave both counsell and consent and the King would suffer nothing to be done without them and he says Lex notissima et provida circumspectione stabilita c. It is a Law well known and by the most provident circumspection established that all men should consent to that which concerned them now if the Kings consent be mandatory in the Law to them that make it as well as they which obey it they are not free but must be observant to do as the King commands them a thing never heard of in Israel as I shall shew in the sequell in all their Court As the Parliament suffers so does the whole Kingdom with them and that for a Militia denyed to them and granted to Oppressors The Parliament hath made it plain to us that the Commission of Array is not warranted by any Act of Parliament and I am content to reason from the same as the King does that the Ordinance of Parliament is not onely without any one warrantable President of former times as he believeth but as he is well assured void in Law His Majestie hath lost by his Argument in all the parts of it First we know no president warrantable that are alledged against the Parliament for it hath power to repeale Laws which His Majesty hath not and his Commission of Array being repealed he cannot revive it and to walke by presidents as he doth is against Law and to carry them to the conquest is against his contract and to shew he means to rule by the sword and not by his Laws Secondly he says an Ordinance in Parliament is void in Law and of this He is well assured and I suppose his reason is because it wants his consent To this I can answer strongly that his consent is no sufficient reason either to make it void or of force and value Not void in Law because it hath the consent of the most and in that consists the be●ng of the Law for if his consent cannot make it a Law when the most are against it his dissent cannot make it void when most are for it for contrariorum contraria est ratio for if his affirmative Vote prevaile not against the most to make a Law his negative Vote cannot make it void when most have consented to it and if His Majesty desire to learn from the wisest even God himself he shall soon be instructed that the Almightie granted no such negative Vote to any King in Israel or any other judge in any Consultation or Counsell but the Votes alwayes went with the most even from the Counsell of 3 Iudges to seventy one or seventy three The Notation of a Counsell is witty Consilium dictum a communi intentione eo quod in unum omnes dirigant mentis ●btuitum concilia enim occulorum sunt c. Isiod Mer. in suam canon collect A C. uncell is derived of Cilia whence also supercilium which imports the common or joynt intention inclination or bending of the eyes both of body and minde to the investigation of the truth in that matter which is proposed in any Assembly His Majesty would have the castigation or rather the casting out of all votes that displease him and if his power be so great I wonder he does not discharge them by a diss●lution or take their consultation and make his own determination But the continuation is necessary and their convocation not to sit and tell the cl●ck as Divines do of whom we hear nothing in a time wherein they might be of great use for this great matter of divorce between the King and the Councell and labour reconciliation but above all beware of any provocation I shall adde a little further That the Parliament does not wholly proceed without his Majesties consent Omnia nostra faci●us quibus nostram ●mpartimur authoritatem we make that our own Act and our own Law to the which we have communicated our own power and authority Implicitely the Parliament proceeds with the Kings consent and what they do he does Cod. l. 1. de veter jure enuc Iustinian sancimus v●cem legam obtinere sanctas regulas we ratifie the holy rules of the Church to before Laws The Church made them and the Emperour confi●med them Novel 131. cap. 1. and to might his Majesty if ill counsell did not perswade him corroporate the Ordinances of Parliament I would beg another consideration of his Majesty to think on the Parliament and him●elf what arguments they be The Parliament is Integrum the whole entire body of the Kingdom representative and it is most lively in the Commons of which the King being no part yet should love it as his own Body The Lords are a part too of the Parliament and I would not be so nice as some are to say the Representative body is onely of the people and not at all of the King and Lords as if the counsell were more vulgar and base than great and honourable as many take occasion to reproach it but ill tongues in time may be taught better language I shall think of the Parliament in the parts and they make but one whole body Now we have a Rule That Integrum in majus membris totum partibus Hereupon is that rule of the King and his Kingdom That the King is major singulis minor universis and therefore the supremacy of the King is not above the supremacy of the Parliament What then have we two supremacies and one above another I answer we have no supreme King but one neither have we any supreme Councell but one and as his Majesty hath no subject above him so let him suffer no Councell to be above this or take counsell from any other Secondly let him think himself to be lesse than his whole Councell and that his subjection unto it is not to be the subject of his subjects but a servant with them for our good It is no ill still that God gives him to be his Minister for good Thirdly the falling away of the parts of the Parliament as long as the whole is not dissolved still it retains the name and nature of the whole and therefore the persons removed have left their power in the whole and we are obliged to maintain that though the desertors of it perish I except none but your Majesty and that not in flattery but good reason as I shall shew before I leave my Discourse of the present Affaires Consider the parts one with another as the King with the Lords and Commons and them as Subjects and I must say Rex est Major singulis subditis but put them into a Body that may truly be called a Parliament though many parts depart yet as long as the Body is undissolved we must hold it for our greatest Counsell follow the directions of it which to kill their King they have to not ever will consent unto but to kill them that would destroy all and have begun to do it I hope he that loves his King his Parliament himself will not delay to be valiant to the death

The Aphorismes of the Kingdome 1. The Parliament is the moderation of Monarchy The Lawes and not the King doe command Leges non Reges imperant 2. The power of it is sufficient to prevent and restraine Tyranny The Kings Reason is the Kingdomes ruine Ratio Regis Regni ruina 1 Sam. 8. 9. 10. 3. The essence of the Law is the free consent of the Law-makers The power of Mans Lawes is founded in the Will Potestas Legislativa fundata est in voluntate 4. The sole Reason of the King is not the sound judgement of the Kingdome The Kings judgement is not the Kingdomes judgement Judicium Regis no● est judicium Regni 1 Sam. 8. 10. 1 Sam. 10. 25. 5. All the VOTES in Parliament are directive to the Law none destructive A Vote neither compels nor is compelled to Consent Votum nec cogit nec cogitur ad consensum 6. The Vote that is directive and coactive is no wayes Nomotheticall The chiefe building Power is most free Potestas Architectonica est liberrima 7. The negative Vote of a King is no more than the dissent of one man No mam can affirme more than he can deny and contradict Nemo potest plus affirmare quam negare ● contra 8. The affirmative Vote of a King makes not the Law Ergo the negative cannot destroy it He that is not the only maker of the Laws cannot onely be the destroyer of them Qui Legum non est solus conditor destructor non est 9. He that cannot destroy a Law made cannot destroy it in the making Whether he shall choose that which is past or that which is to come he hath the same will Elegerit sive preteritum sive futurum eandem habet voluntatem 10. The Power that makes Lawes repeales and revives them as reason requires A Law-maker as such cannot make Lawes to himselfe Legislator quà talis non potest sibi Legem imponere 11. Kings that doe good to their Subjects of bountie would be free of the obligation That bountifull Lords breake their Bonds Domini benefici Luke 22. 25. disrumpantur Lora 12. Laws are the best directions and obligations for all men to follow To submit the Principality to the Laws is more than the Crowne Principatum submittere legibus majus est Imperio The Instructions of Gods Word 1 Sam. 8. 9. 10. Now therefore hearken unto their voice howbeit yet protest solemnly unto them and shew them the judgement of the KING that shall reigne over them And SAMUEL told all the words of the Lord to the people that asked of him a KING And he said This will be the judgement of the KING that shall reigne over you c. IVdgement is a Word of divers significations and which to take in this place hath exercised Divines and some to flatter Kings have told them from this place that they have an absolute right to their Kingdomes and for advantage have translated the word jus Regis the right of the King and justified that no man hath any property in his goods but as the King pleaseth no owner of ought he hath but his King by the right God hath given him may take from him all hee hath and dispose of it for his owne use and Samuel hath yeelded so much to the King in this word as children servants goods lands c. we will therefore investigate and diligently search out the multiplicitie of significations for there is not a word in Scripture of a larger signification for as understanding which is the largest facultie extends to all things reall intellectuall imaginary so judgement which is a part of it hath the same extension First in Scripture it is often taken for the act of the mind to judge those things that Reason hath invented Secondly for the rule of Reason by the which those things are judged Thirdly for the examples that come under those rules Fourthly for the knowledge of causes controversies questions doubts or whatsoever may be determined by reason Fiftly for the power to end and quiet whatsoever may be so controverted Sixtly it is taken for the office administration function or ordination wherein such a power may be executed Seventhly for the judgement that passeth from such an Office as when Salomon had judged that intricate cause betweene two women for a living child it is said all Israel heard the judgement which the King judged and they feared the King for they saw that the wisedome of God was in him to doe iudgement 1 Kings 3. 28. Eighthly for the guilt that deserves judgement Luke 24. 20. crima iudgement is put for the guilt and so Pilate testifieth Luke 23. 22. Action I finde no cause to justifie my sentence of death Ninthly it is used for the punishment it selfe 1 King 20. 40. So shall thy judgement be thy selfe hath decided it Tenthly it is taken for the manner or custome that is followed by any man If in this place we take judgement for an act of understanding and so referre it either to God or the King it may have this sense a sinfull people have asked a King to judge them 1 Sam. 8. 5. and they shall have their request with a witnesse I will give over my care to judge them and leave them to such a judgement as they would have the King shall deale with them as a Tyrant for so doe the Kings of the Nations that they desire to be like unto If we take it for an ordinance appointed of God then the judgement of God is this that his ordinance must be obeyed and so he ties them from rebellion and resistance of the King he shall sett over them for Kings consented unto and anoynted of God may not be reiected at the pleasure of the People I meane their persons as for their Lawes being the judgements of their owne braines against God and truth may be despised and esteemed as they are no rules to live by or be followed by any that loves the peace of his owne concience or the common peace of the Kingdome and therfore where God hath given power of better Iudgment to be followed wee must maintaine it and stand by it against the private Iudgment of the King himselfe and it is no Rebellion to maintaine the Lawes of the Kingdome against all such judgements as oppose them and the distinction betweene the person of the King and his power is plaine enough in this judgement for further then hee is the ordinance of God I am not to obey him except you will make all his errors Gods ordinances and flatter him as BELLARMINE does the Pope that absolute obedience is due unto him If the Pope should command vices and prohibit vertues the Church is bound to believe that vices are good and vertues bad unlesse she will sinne against conscience de Roman Pont. l. 4. cap. 5. and these elevate this infallible Iudge in his judgement that they bring him into the absolute perfections of Christ Wee must say