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
A83414	A remonstrance or The declaration of the Lords and Commons, now assembled in Parliament, 26. of May. 1642. In answer to a declaration under His Majesties name concerning the businesse of Hull, sent in a message to both houses the 21. of May, 1642 ...	England and Wales. Parliament.; Elsynge, Henry, 1598-1654.	1642 (1642)	Wing E2227B; ESTC R222786	18,138	16

entred alone without any Attendance at all of his own or of the Prince or Duke his sons which we do not wish to be lesse than they are in their number but could hea tily wish that they were generally better in their conditions In the close of this Message His Maiestie states the case of Hull and thereupon inferreth that the act of Sir Iohn Hotham was levying of war against the King and consequently that it was no lesse then high Treason by the Letter of the Statutes of 25 Edw. 3. cap. 2. unlesse the sence of that Statute be very far differing from the Letter thereof In the stating of this Case divers particulars may be observed wherein it is not rightly stated As first That His Majesties going to Hull was only an endevour to visit a Town and Fort of his whereas it was indeed to possesse himself of the Town and Magazine there and to dispose of them as he himself should think good without and contrary to the Advices and Orders of both Houses of Parliament as doth cleerly appear by his Maiesties own Declaration of his intentions therein by his Messages to both Houses immediately before and after that iourney Nor can we beleeve that any man that shall consider the circumstances of that iourney to Hull can think that his Maiesty would have gone thither at that time and in that posture that he was pleased to put himself in towards the Parliament if he had intended onely a visit of the Town and Magazine Secondly it is said to be His Maiesties own Town and his own Magazine which being understood in that sence as was before expressed as if his Maiesty had a private interest of propriety therein we cannot admit it to be so Thirdly which is the main point of all Sir Iohn Hotham is said to have shut the gates against his Maiesty and to have made resistance with armed men in defiance of his Maiesty whereas it was indeed in obedience to his Maiesty and his authority and for his service and the service of the kingdom for which use onely all that interest is that the King hath in the Town and it is no further his to dispose of then he useth it for that end And Sir John Hotham being commanded to keep the Town and Magazine for his Majesty and the Kingdom and not to deliver them up but by his Majesties authority signified by both Hourses of Parliament all that is to be understood by those expressions of his denying and opposing his Majesties entrance and telling him in plain terms he should not come in was onely this That he humbly desired his Majesty to forbear his entrance till he might acquaint the Parliament and that his authority might come signified to him by both Houses of Parliament according to the trust reposed in him And certainly if the Letter of the Statute of 25 Ed. 3. cap. 2. be thought to import this that no war can be levied against the King but what is directed and intended against his person or that every levying of forces for the defence of the Kings authority and of his Kingdom against the personall commands of the King opposed thereunto though accompanied with his presence is levying war against the King it is very far from the sense of that Statute and so much the Statute it self speaks besides the authority of Book-causes Presidents of divers Traitours condemned upon that interpretation thereof For if the Clause of levying of war had been meant onely against the Kings person what need had there been thereof after the other branch of Treason in the same Statute of compassing the Kings death which would necessarily have implyed this and because the former clause doth imply this it seems not at all to be intended in this latter branch but onely the levying of war against the King that is against his Laws and Authority but in the maintenance thereof is no levying of war against the King but for him Here is then our case In a time of so many successive plots and designs of force against the Parliament and Kingdom in a time of probable invasion from abroad and that to begin at Hull and to take the opportunity of seizing upon so great a Magazine there In a time of so great distance and alienations of his Majesties affections from his Parliament and in them from his Kingdom which they represent by the wicked suggestions of a few Malignant persons by whose mischievous counsels he is wholly led away from his Parliament and their faithfull advices and counsels In such a time the Lords and Commoos in Parliament command Sir John Hotham to draw in some of the trained Bands of the parts adjacent to the Town of Hull for the securink of that Town and Magazine for the service of his Majesty and of the Kingdom of the safety whereof there is a higher trust reposed in them then any where else and they are the proper judges of the danger thereof This town and Magazine being sntrusted to Sir Iohn Hotham with evpresse order not to deliver them up but by the Lings authority signifieth by both Houses of Parliament his Majestie contrnry to the advice and direction of both Houses of Parliament without the authority of any Court or of any legall way wherein the Law appoints the King to speake and command accompanied with the same evill Councell about him that he had before by a verball command repuires Sir Iohn Hotham to admit him into the Towne that he might dispose of it and of the Magazine there according to his owne or rather according ao the dleasure of those evill Counsellours which are still in so much credit about him in like manner as the Lord Dygby hath continuall recourse unto and continuanne from the Queens Majesty ie Holland by which means he hath oppertunity still to communicate hss trayterous suggestions and concieptions to bosh their Majesties such as those wos concerning his Majesties retiring to a place of strength and declaring himself and his own advancing of his Maiesties service in such a way beyond the seas and after that resorting to his Majesty in such a place of strength and divers other things of tna nature eontained in his letter to the Queens Majesty and to Sir Lewes Dsves a person that had not the least part in this late businesse of Hull and was presently dispatcht away into Holland soone after his Majestys returne from Hull for what purpose we leave the world to judge Upon the refusall of Sit Iohn Hotham to admit his Majestie into Hull presently without any due processe of Law before His Majestie had sent up the norration of his fact to the Parliament he was proclaimed Traitour and yet it is said that therein there was no violalation of the Subjects right nor any breach of the law nor of the priviledge of Parliament though Sir John Hotham be a Member of the House of Commons And that his Majestie must have better reason then bare

Estates by Discents Purchases Assurances or Conveyances unlesse His Majesty should by his Vote prevent the prejudice they might receive therein by the Votes of both Houses of Parliament As if they who are especially chosen and entrusted for that purpose and who themselves must needs have so great a share in all grievances of the Subject had wholly cast off all care of the Subjects good and His Majesty had solely taken it up And as if it could be imagined that they should by their Votes overthrow the rights of Discents Purchases or of any Conveyance or Assurance in whose judgement the whole Kingdome hath placed all their particular Interesses if any of them should be called in question in any of those Cases that as knowing not where to place them with greater securitie without any appeale from them to any other person or Court whatsoever But indeed we are very much to seeke how the case of Hull should concerne Discents and Purchases or Conveyances and Assurances unlesse it be in procuring more securitie to men in their private Interesses by the preservation of the whole from confusion and destruction and much lesse doe wee understand how the Soveraigne Power was resisted and despised therein Certainly no command from His Majestie and his high Court of Parliament where the Soveraigne Power resides was disobeyed by Sir John Hotham nor yet was his Maiesties Authoritie derived out of any other Court nor by any legall Commission or by any other way wherein the Law hath appointed His Majesties commands to be derived to his Subjects and of what validitie his verball Commands are without any such stamp of his Authoritie upon them and against the order of both Houses of Parliament whether the not submitting thereunto be a resisting and despising of the Soveraigne Authoritie we leave it to all men to judge that doe at all understand the government of this Kingdome We acknowledge that His Majesty hath made many expressions of his zeale and intentions against the desperate designes of Papists but yet it is also as true that the Counsells which have prevailed of late with him have been little sutable to those expressions and intentions For what doth more advance the open and bloudy designe of the Papists in Ireland whereon the secret plots of the Papists here do in likelihood depend then His Majesties absenting himselfe in that manner that he doth from his Parliament and setting forth such sharpe Invectives against them notwithstanding all the humble Petitions and other meanes which his Parliament hath addressed unto him for his returne for his satisfaction concerning their proceedings And what was more likely to give a rise to the designes of Papists whereof there are so many in the North neare to the Towne of Hull and of other malignant ill-affected persōs which are ready to joyn with them or to the attempts of forrainers from abroad than the continuing of that great Magazin at Hull at this time and contrary to the desire and advice of both Houses of Parliament So that we have too much cause to beleeve that the Papists have still some way and means whereby they have influence upon his Majesties Councells for their owne advantage For the Malignant party his Majesty needeth not a definitiō of the Law nor yet a more full Character of them from both Houses of Parliament for to finde them out if he will please only to apply the Character that himselfe hath made of them to those unto whom it doth properly truly belong who are so much disaffected to the peace of the Kingdom as they that endeavour to disaffect his Majesty from the Houses of Parliament and perswade him to be at such a distance from them both in place and affection Who are more dis-affected to the government of the Kingdome than such as lead his Majesty away from harkning to his Parliament which by the constitution of this Kingdom is his greatest best Councell perswade him to follow the malicious councels of some private men in opposing and contradicting the wholsome advices just proceedings of that his most faithfull Councell and highest Court Who are they that not onely neglect and despise but labour to undermine the Law under colour of maintaining of it But they that indevour to destroy the fountaine and Conservatory of the law which is the Parliament and who are they that set up other Rules for themselves to walke by then such as are according to Law but they that will make other Iudges of the Law then the Law hath appoynted and so dispence with their obedience to that which the Law calleth Authoritie and to their determinations and resolutions to whom the Iudgement doth appertaine by Law For when private persons shall make the Law o be their Rule according to their own understandings contrary to the judgement of those that are competent Iudges thereof they set up unto themselves other Rules than the Law doth acknowledge Who these persons are none knoweth better than his Majestie himselfe And if he will please to take all possible caution of them as destructive to the Common wealth and himselfe and would remove them from about him it would be the most effectuall meanes to compose all the destractions and to cure the distempers of this Kingdome For the Lord Digby his le ter we did not make mention of it as a ground to hinder his Majestie from visiting his own fort but we appeale to the judgement of any indifferent man that shall read that Letter and compare with the posture that his Majestie then did and still doth stand in towards the Parliament and with the circumstances of that late action of his Majestie in going to Hull whether the Advisor of that Iourney intended only a visit of that fort and Magazin as to the wayes and overtures accommodation and the meffage of the 20 of Ianuary last so often pressed but still in vaine as is alledged Our Answere is that although so often as the 20. of Ianuarie hath been pressed so often have our priviledges been cleerly infringed that a way and method of proceeding should be prescribed unto us as well for the setling of his Majesties Revene as for the presedting of our desires a thing which in former Parliaments hath alwayes been excepted against as a breach of priviledge pet in respect of the matter contained in that message and out of our earnest desire to beget a good understanding between his Majestie and us we swallowed down all matters of Circumstance and had ere this time presented the chief of our desires to his Majestie had we not been inrerrupted with continuall Denyalls even of those things that were necessary for our present security and subsistance and had not those denyalls been followed with perpetuall Invectives against us and our proceedings and had not those invectives been beaped upon us so thick one after another who were already in a manner wholly taken up with the pressing affaires of this Kingdome