Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	law_n	legal_a	2,470	5	10.2354	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56142	A brief necessary vindication of the old and new secluded members, from the false malicious calvmnies and of the fundamental rights, liberties, privileges, government, interest of the freemen, Parliaments, people of England, from the late avowed subversions 1. of John Rogers ... 2. of M. Nedham ... / by William Prynne ...	Prynne, William, 1600-1669.	1659 (1659)	Wing P3914; ESTC R1799	48,614	65

no Army at all but a rebellious rout and all Members concurring with them therein no Members no Parliament at all The sequel is infallible Therefore Nedham must either now disclaim this desperate Jesuitical position with all his 3. Treasonable Conclusions from it or else henceforth disclame the Army-Officers Army and their formerly suppressed now revived Parliament 11ly Admit his Paradox true that the King by his war against the Parliament actually ceased to be a King c. yet his Inference thence that the Parliament was not dissolved by his death but continued after it is most false yea the contrary thence inevitably follows that it was wholly dissolved long before his death so soon as he ceased to be a King and became a private person and that by the expresse resolution of the whole Parliaments of 22 R. 2. and 1 H. 4. rot Parl. n. 1 2 3. in a case most like to ours * Henry Duke of Lancastér raising a great Army to lay Title to the Crown King Richard the 2d bringing an Army to suppresse him the King finding his forces over-weak and the Dukes too potent for him having seised Bristol and other forts thereupon a Parlee was had between them and agreed King Richard should summon a Parliament at Westminster wherein he should resign his Crown renounce his Kingship and the Duke to succeed him Upon this he accordingly summoned a Parliament where he formally resigned renounced his Kingship and was actually deposed of it by sentence and Henry the 4. who claimed the Crown upon his resignation declared King Which done it was resolved declared both by the Parliament King Lords Commons Judges that this Parliament was actually dissolved by King Richards deposing to all intents and a new Parliament ordered to be summoned by King Henry in his own name wherein he was declared crowned King and the resignation deposing of Richard the 2. ratified and recorded Therefore by the resolution of both these Parliaments by Nedhams own position if true the last Parliament of King Charles was so farr from being continued only by his wars even after his death which else would have dissolved it without dispute that it actually dissolved it in his life time six years before his death by degrading him from his Kingship and making him a private person And then his Westminster Juncto sitting from 1648. to 1653. and now again cannot have the least shadow of right law reason to fit act as any part of the * last Parliament summoned by the King neither could the whole Parliamentary and supreme power descend or be transferred to them alone by any Law or colour of right whatsoever by the Kings war death or our seclusions as he most absurdly concludes 12ly The sum of all Nedhams discourse to support his present Parliaments and Republikes right title is but this That in civil wars and commotions the conquering or prevailing party gains a legal Supreme Authority and Parliamentary power over over the whole That the Kings royal authority devolved by conquest to the Parliament the whole Parliamentary Authority to his Juncto by their forcible seclusion of the Majority of the Commons and suppression of the House of Lords And if so then by the self-same consequence the whole Kingly and Parliamental Authority was lawfully devolved on the Lord Gen Fairfax and Army-Officers when they seised the King secluded the Members suppressed the Lords and placed Guards on those that sat in 1648. Or at least to such of the Officers as were then Members of the Commons House not to the Juncto since or now sitting That afterwards it descended devolved to Gen. Cromwell a principal Member when he conquered and turned the Juncto out of doors Apr. 20 1653. as he and the Army-Officers then argued who thereupon after some Moneths exercise thereof by making New Laws and imposing New Taxes at Whitchall † Anno 1653. afterwards transferred it by deed to their Litle Conventicle elected by them in September part of which resigning back their Supreme power to Cromwell he thereupon claimed it as wholly and absolutely vested in himself without any limits as he declared in his printed Speeches 1654. and 1657. whereupon he retained it under the Title of A ROYAL PROTECTOR till his death then delegating it to his Son Richard who by this original Title enjoyed it till overpowred by his Brother Fleetwood and other Army-Officers who by this right of the Long Sword alone unprotectored him and then called in the remainder of the Old Juncto to sit and act as a * Parliament under them So that by Nedhams Doctrine the Supreme Regal and Parliamental power is legally residing in those Army-Officers who have conquered all the rest till some other greater stronger power shall be able to conquer them and his Westminster● Conventicle is but their Substitute to act vote what they shall prescribe And by the self-same principle as the Army-Officers by rebelling against and suppressing the Parliament and their Masters who raised waged them for their defence contrary to all Laws of God man their own Oathes Commissions thereby gained a just and legal Title as he argues to the Supreme Regal and Parliamental Authority of the Nation not the people in whom they pretended it to be vested to any Traytor by killing or dispossessing his lawfull Soveraign any Son by killing or disseising his Father any Servant by imprisoning killing or tu●ining keeping his Master out of doers every Theef plunderer in the world able by force to take away any persons purse goods house lands or shall by power make himself a Judge Justice Magistrate or take away another mans wife shall have a just and legal Title against the owners and all others and Nedhams Parliament and new Republike can neither condemn nor execute any Thief Pirate Murderer Plunderer Adulterer Ravisher nor punish any disseiser or wrong-doer whatsoever that ●●a stronger than the party injured since they all may justifie their force actions to be lawfull against the letter of the 6 7 8 9 and 10 Commandements by the self-same Law Divinity Saintlike Title of the longest Sword the greatest might and prevailing party I hope by this time he and all others clearly discern the desperate fatal consequences of his Jesuitical position and that his Interest will not lie is but a meer sink of Lies and destructive paradoxes If all this will not help to prop up the legal Soveraign Authority of his present Parliament and Republike he hath 3. other Pillars to support them p. 37. 1. The Law of Necess●●y a pretty bull when as the old proverb resolves Necessitas non habet legem I am sure it will now admit of no Law Justice Conscience Equity 〈◊〉 Did not the beheaded King plead this Law for Ship-money Excise and other illegal projects yet the long a Parliament adjudged necessity in these cases to be no Law nor Plea at all And shall those very Members plead it in their own case now who then

prove it i● this That the King by his actual war against the Parliament did thereupon forfeit his Kingship and Crown and became a private person and enemy dissolved the Constitution both of the Kingdom and Parliament and not only violated all Law in the branches but plucked up she very roof of it in destroying the Parliamentary Establishment as much as in him lay and thereby introduced another Law of Arms From whence he deduceth 3. Conclusions 1 The Justice of secluding the Members 2ly The Sufficiency of the authority that condemned and executed the King 3ly The Legality of the remaining Members continuing and sitting as the Parliament and Supreme Authority of England which after the Kings beheading and other M●mbers and Lords seclusion descended and was transmitted to them by the Law of war for the people This he determines to be Law and Reason too sufficient to convince both Royal●ists and Presbyterians of the Lawfulnes of the Power and present sitting acting as a Parliament by those few Members at Westminster secluding all the rest To which I answer 1. That if the Kings death by Law Reason dissolved the Parliament in an orderly course because his writs of summons abated by his death they could not treat with him concerning his and his Kingdoms affairs nor he consent to any Bills after his decease Which he freely grants Then by the self-same Reason Law his violent death must dissolve this Parliament as I have largely proved 2ly If the Kings levying war against the Parliament did actually dissolve the very Constitution Law of the Parliament and Kingdom and made him no King at all but ai private person which he layes for his foundation then it must necessarily dissolve the Parliament and Kingdom too and make them no Parliament no Kingdom at all as well as himself no King For how can the Parliament continue when its very Constitution is desolved 3ly By this Position it inevitably follows that we had neither King Parliament Kingdom nor any Laws at all but only of Warr from the beginning of the Wars or first battel at least between the Kings and Parliaments forces many years before his death But this the King Kingdom Parliament the sitting as well as secluded Members both Armies and our whole 3. Kingdoms ever denied in all their Votes Orders Ordinances Declarations Remonstrances Petitions Treaties Propositions whatsoever from 1641. till December 1648. and Nedham himself in his Diurna●is and Mercuries In all which the Parliament both Houses and Army-Officers stiled him their KING and the King and his party ever stiled them the Houses of Parliament Therefore this position must be a most Notorious Falshood wherein Interest doth grosly lie 4ly Those he stiles the honest faithfull Members in their very Votes of Non addresses passed by force and fraud in their Knack for the Kings tryal Impeachment Proceedings Sentence of condemnation against him after our seclusion in their D●claration of 17 Martii 1648. after his death and sundry other Papers ever stiled and acknowledged him TO BE KING and ENGLAND HIS KINGDOM notwithstanding the wars between him and the Parliament Therefore the very war did not Vnking nor make him a Private person no● dissolve the Constitutiō of the Kingdom Pat● during his life else there could not be a war against or between the King or Parliament if the war it self unkinged him unparliamented them and dissolved all their constitutions 5ly No person by the a Law of God Nature Nations the Great Charter Laws Statutes of England and Votes of Parliament ought actually to forfeit or to be ipso facto deprived of his Office Freebold Liberties Estate Life without a legal proceeding tryal conviction judgement attainder Much less then the King himself the Supreme Magistrate and Governor of the Realm in whom all have a common interest unkinged and made a private person or publike Enemy and totally deprived of his Crown and Soveraignty Therefore his actual levying war against the Parliament without before any legal impeachment conviction or sentence of deposition could not unking nor make him a private person as the cases of Edward the 2. and Richard the 2. and the b Parliaments which deprived them of their Kingships after their resignations clearly resolved against this Jesuitical new Doctrine 6ly If the King by his bare levying war against the Parliament actually lost his Kingship and became a meer private person before any sentence of deprivation then by the self-●ame reason law his old and new revived Parliament by its manifold old new breaches of trust is actually dissolved become no Paul at all yea every Traitor levying war conspiring against the King every Murderer Theef Felon corrupt Judg Justice Mayor Sherif Inferior Office by the very committing of Treason Murder Felony Adultery Bribery Injustice and breach of their respective trusts should be actually attainted of those offences their Lands Offices presently confiscated without my Indictment trial verdict judgement against them yea every act of Adultery by any Husband or Wise should actually dissolve the bond of marriage for ever without and before any Sentence of divorce between them which * Mr. Wheatly publikely recanted as a dangerous error And how destructive such new Nedham Interest Low would prove to all mens lives liberties estates yea to every mans soul since every act of sinne by like consequence should actually damn and make even Saints themselves to 〈◊〉 totally and finally from Grace and Gods favor let all judicious men resolve 7ly If this be Law then had the King and Parliament upon any Treaty after the wars accorded he ought to have been new proclamed installed crowned King again and the Parliament resummoned by new writs 8ly He confesseth this to be the very principle of Barclay the * Jesuit from whom he borrows it p. 34. Therefore his present Parliament and Republike built thereon are purely Jesuitical by his own confession 9ly This Jesuits position is not so bad as his He speaks not of every Civil war made by a King upon his Subjects for which there may be just occasions but only of a King warring upon his people of purpose to extirpate and destroy them which he saith it seems almost impossible any King should be so mad as ever to attempt Which the King in his war against the Parliament by his victories proceedings against the Prisoners Members Towns he took during the wars in sparing all their lives actually really and oft times verbally and professedly disclamed in all his Proclamations Speeches Remonstrances Messages to and Treaties with the Houses Therefore his war against them did neither unking him nor make him a private person and publike Enemy by this Jesuites resolution 10ly If the Kings war against the Parliament did really unking him then certainly the Generals ArmyOfficers and Armies actual levying war upon both Houses of Parliament by secluding securing the Members and King did really uncommission and 〈◊〉 ●my them and made them no Officers

A Brief Necessary VINDICATION Of the Old and New SECLUDED MEMBERS from the false malicious CALVMNIES AND Of the Fundamental Rights Liberties Privileges Government Interest of the Freemen Parliaments People of England from the late avowed Subversions 1. Of John Rogers in his Un-christian Concertation with Mr. Prynne and others 2. Of M Nedham in his Interest will not lie Wherein the true Good Old Cause is asserted the false routed The old secluded Members cleared from all pretended breach of trust The old Parliament proved to be totally dissolved by the Kings death The sitting Juncto to be no Parliament and speedily to be dissolved by the Army-Officers The Oathes of Supremacy Allegiance Fealty to the King his Heirs and Successors to be still binding continuing The New Commonwealth to be the Iesuites Project Ch. Stewart not sworn to Popery as Nedham slanders him The restitution of our Hereditary King and Kingly Government not an Vtopian Republike evidenced beyond contradiction to be Englands true Interest both as Men and Christians and the only way to peace safety settlement By WILLIAM PRYNNE of Swainswick Esq a Bencher of Lincolns-Inne The Second Edition Jer. 51. 9 10. We would have healed ENGLISH BABYLON but she would not be healed forsake her and let us go every one to his own Country for her judgement reacheth unto heaven and is lifted up even to the skies The Lord hath brought forth our righteousness come and let us declare in Zion the work of the Lord our God Ps. 63. 11. But the mouth of them that speak Lies shall be stopped London Printed and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1659. A brief necessary Vindication of the Old and New secluded Members c. ON the 17. of this instant September during my private retirement in the Country for my health and quiet I received 2. Books fraught with malicious calumnies bitter scoffs insufferable Reproaches against my Self and other secluded Members yea destructive to the very fundamental Rights Liberties Privileges Government Interest of the Freemen Parliaments and Realm of England for which we have so many years contested The 1. of these thus intituled A Christian Concertation with M. Prynne M. Baxter M. Harrington for the true Cause of the Commonwealth c. by J. Rogers A most scurrilous 〈…〉 fraught with absurd impertinercies conjuring canting new coyned a swelling words of vanity odious comparisons bitter scoffs raysing Epethites b loathsom stinking obscene Queres defiling the very air c boyish tricks playing with mens names and reputations which he d severely censures in others yet is most guilty of himself displaying him to be rather a e conjuring Sorcerer than Gospel-Minister an Apostate scoffing Lucian than sober real Christian standing much in need of the f several Pills he prescribes Mr. Baxster to purge his filthy stomack spleen brain heart pen from such rotten stinking humors for the future almost every page in his book being either g Scandalum Magnum or Scandalum Magnatum to use his own expressions against all dissenting from him but an h egregious flattery of his own faction The 2. Interest will not lie Or a View of Englands True Interest by Mar● Nedham which had he intituled Interest will lie Or a View of Englands False Interest by Mar. England it had been a true Character of it The first most furiously chargeth me and my secluded companions in the Van the later in the Rear The one with whole Vollies of fired squibs more like a Whiffler than a M●skateer shooting nothing but wild-fire and i bitter words without bullets The other like a Trumpeter rather than a Trooper sounding a fierce charge against us with his Trumpet without wounding us with his Lance or Sword which are very obtuse To avoid prolixity impertinence and repetitions I shall reduce all the material Differences between us into 6. distinct Questions wherin I shall refute what they have published relating to my self the other secluded Members the Rights Privileges Interest of our Parliaments and Nation with all possible Brevity omitting their personal scoffs and scurrilities The 1. Question Question 1 between J. Rogers and Mr. Prynne wherein Nedham hath no share is but this Whether the Defence maintenance of the true Protestant Religion the Kings royal person authority government posterity the privileges and rights of Parliament consisting of King Lords and Commons the Laws Statutes of the Land the Liberty Property of the Subject and peace safety of the Kingdom were the only True and Good Old Cause for which the long Parliament and their Armies first took up Arms in 1642. and continued them till the Treaty with the King 1648. as Mr. Prynne asserts and proves like k a Lawyer by punctual Evidences Witn●sses Votes Declarations Remonstrances Ordinances of both Houses yea of the Army-Officers Generals Council during all the wars in his Good Old Cause rightly stated his True and perfect Narrative The Re-publicans and others spurious Good Old cause briefly and truly anatomized and in his Concordia Discors Or whether the erecting of a New Commonwealth and Parliament without a King and House of Lords and Majority of the Commons House upon the ruines of the late King Kingdom Parliament since 1648. to 1653. and the reviving of it May 7. 1659. by some swaying Army-Officers and the farr Minor part of the old Commons House confederating with them by meer armed power secluding the greatest Number of the surviving Members and whole House of Lords Which J. Rogers endeavors to prove like a Logician without any evidence witness but his own Ipse scripsit though l professedly disclamed by both Houses of Parliament and the Army too in sundry printed Declarations as the highest scandal never once entring into their loyal thoughts When this Logician with all his Sophistry Anatomy Pills Physick can make that which was never in being but since 1648. as we all know and himself asserts in his Concertation p. 7 9. to be the Good Old Cause in being m long before the last Parliament of King Charles for whose defence they first took up arms in 1642. Or that cause which never once entred into their thoughts and was professedly disclamed till 1648. to be the cause they proclamed and fought for from the wars beginning he must yeeld up his Spurious Good Old Cause as desperate his scurrillous Goos-quils to use his n own words dashing the GALL of his ink upon Mr. Prynnes former papers to little purpose in this particular but to blot them a little not to answer them a line nor the Argument of them in the least The 2. Question is this Question 2 Whether Mr. Prynne with the Majority of the Commons House and whole House of Peers were forcibly secluded the Parliament by the Army for any real breach and forfeiture of their trusts in 1648. or ever legally impeached convicted thereof either then or since before any lawfull