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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	according_a	law_n	write_v	2,359	5	5.6279	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87530	A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country.	Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name.	1648 (1648)	Wing J595; Thomason E427_17; ESTC R202656	43,342	52

the bottome of our hearts yield to the divine Majesty all humble thankes and praise not onely for the said unspeakable and inestimable benefits and blessings above mentioned but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts and forwardnesse and in his goodnesse is like to increase the happy number of them And in most humble and lowly manner doe beseech your most excellent Majesty that as a memoriall to all posterities amongst the Records of your high Court of Parliament for ever to endure of our loyall obedience and hearty and humble affection It may be published and declared in this high Court of Parliament and enacted by authority of the same That we being bounden thereunto both by the lawes of God and man doe Recognise and acknowledge and thereby expresse our unspeakable joyes That immediatly upon the dissolution and decease of Elizabeth late Queene of England the imperiall Crowne of this Realme of England and of all the Kingdomes dominions and rights belonging to the same did by inherent birth-right and lawfull and undoubted succession descend and come to your most excellent Majesty as being lyneally justly and lawfully next and sole Heyre of the blood-royall of this Realme as is aforesaid and that by the goodnesse of God Almighty and lawfull right of descent under one imperial Crown your Majesty is of the Realmes and Kingdomes of England Scotland France and Ireland the most potent and mighty King and by Gods goodnesse more able to protect and governe us your loving subjects in all peace and plenty then any of your noble progenitors and thereunto we most humbly and faithfully doe submit and oblige our selves our heyres and posterities for ever untill the last drop of our bloods be spent And doe beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your royall progeny and posterity for ever which if your Majesty shall be pleased as an argument of your gracious acceptation to adorne with your Majesties royall assent without which it can neither be compleat and perfect nor remaine to all posterity according to our most humble desires as a memoriall of your princely and tender affection towards us we shall adde this also to the rest of your Majesties unspeakable and inestimable benefits And by the statute of 3. Jaco cap. 4. by which statute the oath of allegiance is injoyned It is declared that if any person shall put in practice to absolve perswade or withdraw any of his Majesties subjects from their obedience to his Majesty his heires or successors or to move them or any of them to promise obedience to any other Prince State or Potentate that then every such person their procurers counsellers ayders and maintainers shall be adjudged Traytors And doe not the Parliament both in the first and third yeare of this King acknowledge King Charles nay even in the petition of Right and in every Parliament since to be their sovereigne Lord Can it then be doubted upon due consideration had of the fore-mentioned Acts of Parliament and the severall declarations made by the Parliaments of all ages that the right of the Crowne is an hereditary right and that King Charles is our lawfull Sovereigne Lord and supreame governour of the Realmes or that allegiance is not due to him from all states of this kingdome and from every one of his subjects within the same Surely no if you thinke that there can be any I desire you will please to returne me the legall reasous of your opinion therein upon consideration had of these Statutes and why the power of both Houses of Parliament is above the Kings neither are the prerogatives afore cited due to him by the acknowledgment recogniscions and declarations of Parliament onely but these are due unto him by the common fundamentall and municipall Lawes of this Realme according to the testimony of the learned Writers of the Law in all ages and by the continuall language and judgements of the Sages of the law in all preceding Kings Reignes since we have had Bookes and reports of the law published For first it appeares by the ancient Treatise called Modus tenend● Parliamentum which is a part of the Common law of the Land and as Sir Edward Coke 4. part of his Institutes page 12. observes was made before the Conquest and rehearsed unto King William at his Conquest who approved of the same and according to the forme of it held a Parliament as ti is reported to us in the yeare booke of 21. Ed. 3. fol. 60 that the King is Caput principium finis Parliamenti The King is the head the beginning and the end of the Parliament and by the booke of 21. Hen. 7 fol. 20. it is held that it is no statute if the King assent not to it and that the King may disassent and by Andrew Hornes Booke called the Mirrour of Justices which was written in the time of King Edward the second it is said that they are guilty of perjury that incroach any jurisdictions belonging to the King or ●alsifie their faith due to him Bracton who wrote in the time of King Henry the third a learned Author of the Lawes of England lib. 4. cap. 24 sect. 1. hath these words Rex habet potestatem jurisdictionem super ●mnes qui in Regnosuo sunt ea que sunt jurisdictionis pacis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coertion●m ●t delinquentes puniat coerceat The King saith he hath power and jurisdiction over all men which are in his kingdom those things which are either of jurisdiction or peace belong to none but to the Kingly dignity he hath like wise a constraining power to punish delinquents and lib. 3. cap 7. he saith that Treasons felonies and other pleas of the Crowne are propriae causae Regis are causes belonging to the Kings punishment onely and in his fift Sect. of the same fourth booke saith thus Omnis sub Rege ipse sub nullo nisitantum Deo non est inferior sibi subjectis non parem habet in regno in English thus Every man is under the King and he under none but God alone he is not inferiour to his subjects he hath no peere in his Realme And in his fift booke in his third Treatise of default cap. 3. he saith thus Rex non habet Superiorem nisi Deum satis habet ad penam quod expectat Deum ultorem The King hath no Superiour but God alone and it is sufficient punishment for him because he must expect God to bee the revenger if he doe commit wrong It is said in Plowdens Commentaries fol. 234. That the King hath the sole government of his Subjects and fol. 213. as also in Calvins case That allegiance is due to the naturall body of the King and fol. 242. it is

consciences It being a certaine Axiome in Divinity Quod per sacramentum non tenemur nisi ad bonum aut legale By Oaths men are bound to the performance of nothing but what is good and lawfull Now to manifest that this Oath is against the Law of nature we are to consider what the Law of nature is which we finde among the learned to be distinguished into two kindes generall and speciall This generall by Vlpian de Justitia Jure L. 1. tit. 1. is thus defined Jus naturale est Quod natura omnia Animalia docuit Naturall Law is that which nature hath taught all creatures living which he distinguisheth thus from the speciall Jus istud non humani generis proprium sed omnium animalium Quae terra marique nascuntur avium quoque commune est The Law of Nature saith he is not proper to man alone but the same is common to all living creatures as well to birds as to those which the Land the Sea produceth and agreeable to this is the description of the Law of Nature set downe by learned and reverend Hooker in his first booke of Ecclesiasticall pollicie whereby he calls it That manner of working which God hath set for each created thing to keep he being a director of infinit knowledge to guide nature in her wayes But I meane not that this Negative Oath is against this generall Law of nature but there is a more speciall Law of nature proper to mankinde only which will steere us to the question in hand which speciall Law of nature proper to men St. Augustine in his Epistle ad Hil. 89. in Evangelium Johanes Tract. 49. defines thus Lex naturalis est impressio divini luminis in nobis participatio legis aternae in rationali Creatura The Law naturall saith he is the impression of divine light in us and a participation of the eternall Law in the reasonable creatures which distinction is strengthened by that expostulation which Moses makes in the person of God with Cain before any Law written Gen. 4. 7. If thou dost well shalt thou not be accepted if thou dost not well sin lyeth at the doore for so is the Law of nature imparted unto us by illumination of the Law eternall that this is most cleare St. Paul witnesseth unto us Rom 2. 15. 14. For when the Gentiles saith hee which have not the Law doe by nature the things contained in the Law these having not the Law are a law unto themselves which shew the works of the Law written in their hearts their conscience also bearing witnesse and their thoughts mean while excusing or accusing them what other thing was this but the Law of nature or the impression of divine light in the hearts of the Gentiles which doctrine of St. Paul reproves the opinion of those who thinke that whatsoever proceedes of nature is sinne for if so it were that whatsoever proceeds of nature is sinfull how could the consciences of the Gentiles bear witnesse for them or excuse them of the breach of the Law Therefore St. Augustine in his third booke de doctrina Christiana Cap. 14 saith Omne vitium naturae nocet ac per hoc contra naturam est every vice doth wrong to nature and is therefore contrary to it and in his 12. booke de Civitate Dei Cap. 1. he saith Omnia peccata sunt in universum contra naturam legem naturae All sins are generally against reason and the Law of nature And Damascene L. 2. fidei Orthodox Cap. 30. agrees in this with him for saith he Homines facti sunt mali declinando in id quod contra naturam est Men are made evill by declining to that which is contrary to nature Nature therefore is Gods instrument and none other is her guide but only the God of nature for as S. Paul said in his Sermon at Athens when he found an altar directed to the unknown God Act. 17. 28. in him we live and move have our being being also of his off-spring as he told them their owne Poets said whereby it is clearly proved that though the Athenians being Gentiles and ascribing the being of all things to the Law and course of nature yet St. Paul could finde out another hand in those workes besides nature to whom nature was only subservient and an handmaid to obey his eternall Law decree and purpose according to that order hee hath set downe for the sonnes of men for ever to bee observed This short digression I have made only to take away this objection that many make That we are not bound to observe the Lawes of nature and also to let them know that the Law of nature is to bee observed and that as being a participation of the eternal Law it is both perpetuall and unalterable and not presumptuously to be violated The consideration whereof moved Pythagoras the heathen Philosopher to publish amongst his golden precepts this one nil turpe committas neque coram aliis neque tecum maxime omnium verere teipsum commit nothing foule or dishonest saith he neither to be known to others nor to thine own heart but above all things reverence thine owne conscience but to draw somewhat nearer to the thing in purpose and to prove that this Negative Oath is against the Law of nature I must observe with Hooker that as there is a Law naturall belonging to men as they are men in their kinde which Law directeth them in the means whereby they are to steere their actions as to their owne particular preservations so there is a Law naturall which toucheth them as sociable parts united into one body a Law which bindeth them to serve unto each others good and all to preserve the good of the whole before whatsoever their owne particular and from both those roots or branches of the Law of nature springs the allegiance subjection and loyall obedience which is due from a subject unto his King from this speciall Law of nature Man by the impression of divine light is bound to observe the Law naturall as it is written in his heart and is part of the Law eternall by which we are bound to obey and succour and assist our Parents whether our naturall parents or the parents of our Country and from this relative Law of nature as I may so call it or the Covenant of nature whereby we are bound as sociable parts by the Law of nature united into one body for the preservation of the whole the subject to obedience faith and allegiance the King to protection and to maintaine the Laws bodies and goods of his subjects and both together to maintaine the peace of all as Fortescue in his booke of the praise of the Lawes of England Cap. 13. observes and therefore Glanvil who wrote in Hen. 2. time L. 9. Cap. 4. saith Mutua debes esse domini fidelitatis connexio ita quod quantum debet quisque

A Looking-glasse FOR THE PARLIAMENT Wherein they may see the Face of their UNJUST ILLEGALL TREASONOUS and REBELLIOUS PRACTICES 1 Against Almighty GOD 2 Against their KING 3 Against the Fundamentall LAWES of the Kingdome 4 Against their own Oaths and Covenants Argued betwixt Two Learned JUDGES the one remaining an exile beyond the Seas the other a Prisoner for his Allegiance and Fidelity to his KING and COUNTRY Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy s●avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne