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	resist_v	2,184	5	9.6676	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91336	A political catechism, or, Certain questions concerning the government of this land, answered in His Majesties own words, taken out of his answer to the 19 propositions, Pag. 17, 18, 19, 20. of the first edition; with some brief observations thereupon. Published for the more compleat setling of consciences, particularly of those that have made the late protestation, to maintain the power and priviledges of Parliament, when they shall herein see the Kings own interpretation what that power and priviledges are. It is this twentieth day of May, Anno Dom. 1643. ordered by the Committee of the House of Commons in Parliament concerning printing, that this book entituled, A Political catechism, be printed. John White.	Parker, Henry, 1604-1652.; Charles I, King of England, 1600-1649.; England and Wales. Sovereign (1625-1649 : Charles I); England and Wales. Parliament.	1643 (1643)	Wing P416; Thomason E104_8b	14,645	17

A POLITICAL CATECHISM OR Certain Questions concerning the Government of this Land Answered in His Majesties own words taken out of His Answer to the 19 Propositions Pag. 17 18 19 20. of the first Edition with some brief Observations thereupon Published for the more compleat setling of Consciences particularly of those that have made the late Protestation to maintain the Power and Priviledges of Parliament when they shall herein see the Kings own Interpretation what that Power and Priviledges are We can do nothing against the Truth but for the Truth 2 Cor 13. 8. It is this twentieth day of May Anno Dom. 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Book Entituled A Political Catechism be Printed John White LONDON Printed for Samuel Gellibrand at the Brazen-Serpent in P●●…'s Churc● Yard 1643. A Political Catechism Serving to instruct those that have made the Protestation concerning the power and priviledges of Parliament taken out of His Majesties Answer to the 19 Propositions Question HOW many simple kinds are there of Civil Government of States and Common-wealths Answer There are three kinds of Government Three kinds of Government amongst men among men Absolute Monarchy Aristocracy and Democracy page 17. Qu. 2. Are there any of these simple Forms perfect Ans All these have their particular Convenicuces and Inconvenieuces page 17. Observ 1. Experience hath taught men every where Never any of these kinds of Government continued long exactly simple to acknowledge this and accordingly there never was long if at all continued any of these Forms exactly Simple though some have more seemed such then others Also in all mixtures there is commonly some one of these Forms more The Government of England moulded out of a mixture of Monarchy Aristocracy and Democracy conspieuous then the rest from whence such a particular Governtment hath its denomination Quest 3. Is the State of England governed by any one of these kinds simply A. The Experience and Wisdom of your Ancestors hath moulded this Government out of a mixture of these p. 18. Quest 4. What a kind of Government then is that of the State If England be governed by a regulated Monarchy then it is vain and meer flattery to talk of an absolute Monarchy of England Ans Regulated Monarchy page 18. Observ 1. If this Government be a mixture of all these and a Regulated Monarchy then it is a ●ond thing with us to talk of an Absolute Monarchy and what an Absolute Monarch is or may do And it is only the language of Flattery that holds such Discourses 2. It needed not to be counted Solecism as some would perswade us to speak of Free Subjects in a Monarchy such Free Subjects a Monarchy as ours is 3. If this Government be a mixture of all three then the The House of Commons hath a share in this Government House of Commons the Representative Body of the people must needs be allowed a share in Government some at least which yet is denyed page 19. 4. If this Government be a mixture then is not the Government The Government not to be trusted in the King according to th●se Laws solely trusted to the King as seems to be affirmed page 18. 5. If the Government be regulated why do men tell us The King not above Law that the King is above all Law for it is by Laws that he is Regulated 6. If the King be Regulated by the Law then is the The King accountable to Law King accountable to the Law and not to God only as men would make us believe 7. If the Monarchy or Regal Authority it self be regulated Whatsoever is done by the King beyond the limits of Law is not regal Authority then whatsoever is done by the King undeniably without and beyond the limits of that Regulation is not Regal Authority And therefore 8. To resist the Notorious Transgressions of that Regulation is no Resisting of Regal Authority And No resistance of the Ordinance of God 9. It is so far from being a Resisting of the Ordinance of God that it is not so much as Resisting the Ordinance of man Quest 5. By whom was this government framed in this sort or who is to be accounted the Immediate Efficient of the Constitution This Government was moulded by the wisdom of your Ancestors thereof A. The Experience and Wisdom of your Ancestors hath so moulded this page 18. Observ 1. If our Ancestors were the moulders of this Government then the King hath not his power solely or The King hath not his power solely and immediatly by Divine Right much less by right of Conquest immediately by Divine Right 2. Much less hath he his Power or Authority by Right of Conquest 3. But the Immediate Original of it was from the people And if so Then 4. In questioned cases the King is to Produce his Grant for he hath no more then what was granted and not the The King to produce his grant if his power be questioned People to shew a Reservation For all is presumed to be Reserved which cannot be proved to be granted away Quest 6. Is this Regulated and mixt Monarchy as good as an Absolute Monarchy or better or worse A. This Excellent Constitution of this Kingdom the This excellent constitution of Government hath made this Nation famous and happy Ancient Equal Happy Well-poysed and never enough Commended Constitution of the Government of this Kingdom page 17. hath mad● 〈◊〉 Nation so many years both Famous and Happy and to ● 〈◊〉 Degree of Envy pag. 20. Quest 7. How comes it to pays that this Constitution is so Excellent This kingdom hath the conveniences of all three kinds of Government A. The Experience and Wisdom of your Ancestors hath so moulded this out of a mixture of these as to give to this Kingdom as far as Humane Prudence can provide the Conveniences of all three without the Inconvenience of any one page 18. Observ 1. Then those that would place in the King an Absolute Arbitrary Power destructive to the Kingdom Absolute and Arbitrary Power to do what he List are Destructive to the Nations Happiness and Enemies to the Kingdom It is not the greatness of the Kings power over his people but the restraint of that power that hath made this Kingdom happy 2. If this mixture cause this happiness then it is not the greatness of the Kings Power over his People but the Restraint of that Power that hath made this Kingdom famous and Happy for other Kings have Power as large but not so much restrained which largeness of their Power hath raised those Kings indeed but not their Kingdoms to a great degree of Envy 3. Hence we discern that it is possible for Kings to envy their Peoples Happiness because the largeness of the Peoples Whereon the largeness of peoples hapness depends Happiness depends much

Constitution of the Kingdom to doubt but those things which the King grants afterward to be the particular Priviledges of each House and of both are their certain Priviledges according to Law and the Constitution of the Kingdom and to the maintaining of them every one that hath made the Protestation is most strictly bound without peradventure or shift 2. That the Priviledges which the King challenges to Himself The Priviledges that the King challengeth are so far to be yielded unto as they are consistent with the acknowledged priviledges of both Houses are to be yeilded to only so far forth as they are consistent with the acknowledged Priviledges of the two Houses because the Monarchy being acknowledged to be a regulated Monarchy and the Government mixt of Aristocracy and Democracy as well as Monarchy it is the Priviledges of the two Houses of Parliament that makes the mixture and so they must Regulate and Interpret the Priviledges of the King and not the Priviledges of the King Regulate or Interpret theirs save only to the maintaining still the Regal Dignity and the Succession according to Laws Q. 15. What Priviledges doth the King challenge to himself The Government trusted to the King by the Law of the Kingdom and challenged by the King A. The Government according to these Laws is trusted to the King Power of Treaties of War and Peace of making Peers of choosing Officers and Councellors for State Judges for Law Commanders for Forts and Castles giving Commissions for raising men to make War abroad or to prevent or provide against Invasions and Insurrections at home Benefit of Confiscations power The Priviledges above mentioned are only so far trusted as that they be not prejudicial to the priviledges of Parliament in cases of necessity of pardoning and some other of like kind are placed in the King page 18. Observ 1. That all these are ordinarily in the King Experience and Custom Teaches even those that know not the Law by reading but by what hath been noted before and follows after it is to be understood only so as not to prejudice the Priviledges of the Houses of Parliament especially in cases of Necessity of which hereafter Also 2. It is acknowledged here that the Government Trusted is to be according to the Laws and so all these Things The Government trusted to be according to the Laws are not absolutely in the King as for instance Pardons the Law denies power of Pardoning wilful Murther And Benefit of some Confiscations belongs to some private Lords of Mannours 3. If Government only according to Law be trusted to To resist notorious illegal violences is not to resist Kings Authority the King then to resist Notorious Illegal Violences is not to resist the Kings Authority Q 16. For what end is this Authority trusted to the King and placed in him For the Subjects sake their Rights are vested in the King A. For our Subjects sake these rights are vested in us page 17. The Prince may not make use of this high and perpetual power to the hurt of those for whose good he hath it page 19. The good of the Subject is to be preferred Observ 1. Then the Good of the Subjects is ever to be preferred before the Monarchial Greatness of the King the End is ever more considerable then the Means Salus Populi Whosoever councells the King against the good of Subject is an enemy to King and Common-wealth is suprema Lex 2. Whosoever counsels the King to any Thing against the good of his Subjects is the Kings Enemy as well as the Common wealths by attempting to turn him from that which is the end of his Authority Q. 17. To what purpose especially are the priviledges of the The purpose and intention of the priviledges of both Houses house of Commons and the house of Peers A. That the Prince may not make use of this High and perpetual power to the hurt of those for whose good he hath it and make use of the name of publick necessity for the gain of his private Favorites and Followers c. page 19. The Law presupposes such cases to fallout and on whom the blame is imposed Observ 1. The Law then supposes that such Cases fall out though it then Charge the Blame upon those Favorites and Followers and not upon the King as we shall see by and by 2. We need not wonder then why Private Frivorites and No wonder if Favorites be such Enemies to Parliaments priviledges Followers are such Enemies to Parliaments and their Priviledges which are on purpose to hinder their gains Of which also more anon 3. The two Houses are by the Law it seems to be Trusted The trust to be reposed in the two houses by Law when they declare that Power is made use of for the hurt of the People and the Name of publick necessity made use of for the Gain of Private Favorites and Followers and the like Quest 18. What are the special priviledges of the House of The special priviledges of the house of Commons Commons towards this A. The House of Commons an Excellent conserver of The House of Commons more caareful for the Subjects then the King c. Liberty is solely intrusted with the first propositions concerning the Leavies of Moneys which is the Sinnews as welt of Peace as of War c. page 19. Observ 1. It seems then the House of Commons is presumed to be more careful for the Subjects Liberties then either the King or the House of Peers Strange that the house of Commons should fight against liberty and propriety of the Subject 2. Then it must needs be strange for any to conceive as the Kings Declarations would perswade that the House of Commons would Fight against and Subvert the Liberty and Propriety of the Subject and the Kings Favorites and Followers Fight for them and protect them 3. Then no Moneys may be Levyed neither for Peace nor No moneys may be levyed either for Peace or War or under pretence of publick necessity without the Commons first propound it War no not under Pretence of Publick Necessity as Ship-money and Monopolies were without the House of Commons first propound and grant it 4. If the House of Commons be an Excellent Conserver of Liberty it must needs have some Power in some Cases to Levy Money even without the Kings consent or else it will be utterly unpossible to conserve Liberty at all Of If the house of Commons be a Conserver of Liberty it must have power in some cases to leavy Money c. which likewise more anon Q. 19. But if the Kings Private Favorites and Followers have actually perswaded him to any Thing against the Laws and Liberties of the Subject with what further Power and Priviledge is the House of Commons Intrusted toward the Conserving of Liberty A. With the Impeaching of those who for their own The House of

Commons is intrusted with power to impeach such as have actually perswaded the King to any thing against the Laws and Liberty of the Subject c. Ends though countenanced by any surreptitiously-gotten command of the King have violated that Law which he is bound when he knows it to protect and to the protection of which they were bound to advise him at least not to serve him in the contrary page 19. Observ 1. Then it is no excuse to any that Violate the No excuse to any that violate the Laws to say they serve the King in so doing Laws that they serve the King in it 2. The Law counts all Commands from the King which What account the Law makes of all commands surreptitiously gotten from the King are any way contrary to the Law Surreptitiously Gotten 3. Then the Parliament speaks according to the Law The Parliament do legally lay the blame of all violation of Law upon the Kings Favorites that obtain unlawful commands when they constantly lay the blame of all violations upon the Kings Favorites and Followers and their getting Surreptitiously Commands from him and not upon the King himself 4. No Command of the King is to hinder the Commons No command of the Kings is to hinder the Impeachment of such from Impeaching such as have violated the Law 5. The King is bound not to Protect any of his Followers The King is bound not to protect any of his Followers or Favorites against Impeachments and Favorites against the Commons Impeachment of them because he knows and affirms that he is bound to Protect the Laws and that this is the Law that the Commons are to Impeach such Quest 20. What is the special Priviledge of the House of Peers in the former Case of such Favorites and Followers of the Kings as are Impeached by the Commons and so to decide all Matters in Questions between the King and the People A. The Lords being trusted with a Judicatory power are Judicature power is the special priviledge of the Lords house which is an excellent Screen and Bank between the King and People an Excellent Screen and Bank between the Prince and the people to assist each against any Encroachments of the other and by just Judgments to preserve that Law which uoght to be the Rule of every one of the three page 19. Quest 21. But have the two Houses Power to put their judgments into Execution as well as to Impeach and Judge The houses have power to put their Judgments in execution A. The power of punishment is already in your hands according to Law page 20. Observ 1. Then again it is no wonder that the Kings Favorites and Followers hate Parliaments who not only No wonder that the Kings Favorites hate Parliaments hinder their Gain but have Power to punish them when they have violated the Laws 2. Then the Lords and much more the two Houses togeaher The two Houses are supream Judges of all matters in difference between King and people are supreme Judges of all matters in difference between the King and the People and have power to prevent all the Kings Encroachments upon the people as well as the Peoples upon him 3. Then the King is bound not to Protect any whom the The King is bo●nd not to protect Delinquents Lords upon the Impeachment of the Commons have Judged Delinquents For he hath granted that he is bound to Protect the Law and that according to Law the Power of punishing even of his Favorites and Followers before spoken of is in their hands and they cannot punish them so long as he Protects them 4. Then the Law allows them as the Supreme Judicatory The Law allows the upper house to be the supream Judicatory to be a Skreen between the King and People c. even that which must be a Skreen between the King and the People and Assist the People against the Kings Encroachments and punish the Kings Favorites and Followers though countenanced by Surreptitiously-Gotten Commands from the King a Power to bring such as they have Judged or are to Judge to Condign Punishment which is granted to all Inferiour Judges in their Circuits and Jurisdictions 5. Then if those Delinquents get the King to Protect The Power of both Houses is by Law to raise Arms if need be for the apprehending of Delinquents them or surreptitiously get Commands of him to raise Arms to Shelter themselves against the Judgment of the two Houses the two Houses have Power by the Law to raise not only the Posse Comitatus of those Counties where such Delinquents are to apprehend them but also the Posse Regni the Power of the whole Kingdom if need be or else the Power of Punishment is not in their hands according to Law and it would be safer contemning and scorning and opposing the highest Judicatory the Parliament then any Inferiour Court a Judge of Assize or the like and they that could get Commands to Violate the Law before would easily get Protection against the Parliament when they are Questioned if the Parliament had no Power to raise Arms to suppress them Quest 22. But if there be an Attempt or Danger that the Kings Favorites and Followers go about to change this Regulated Monarchy into an Arbitrary Government and so into a Tyranny is there Authority in the Houses sufficient according to what was fore-mentioned to remedy this A. Power Legally Placed in both Houses is more then A power legally placed in both houses is more then sufficient to prevent Tyranny sufficient to prevent and restrain the power of Tyranny page 20. Observ 1. Then at least what ever Power is necessary to prevent or restrain the Power of Tyranny is confessed to be Legally placed in both Houses fot else there is not Power sufficient much less more then sufficient 2. Then it is lawful for the two Houses to Raise Arms Lawful for both houses to raise an Army to defend themselves against any power raised against them to defend themselves in case an Army be raised against them for else they have not power sufficient to restrain the power of Tyranny There is no greater attempt of Tyranny then to raise Arms against the Houses of Parliament and there is no way to restrain this Tyranny but by raising Arms in their own Defence Less then this cannot be sufficient The Parliament are legal Judges in danger of Tyranny and have power to command their judgment to be obeyed c Lawful for the Parliament to provide for their own and the Kingdoms safety and to command the people to this purpose both when arms are actually raised and when they discern a Preparation there unto 3. If a Legal Power be placed in them not only to restrain but prevent the Power of Tyranny then they are the Legal Judges when there is danger of Tyranny and they have Legal Power to Command their judgment to