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A93763 The reason of the war, with the progress and accidents thereof. / Written by an English subject. VVherein also the most material passages of the two books printed at Oxford (in which His Majesties party do undertake to justifie their proceedings) are briefly examined; viz. The [brace] declaration, entituled, Tending to peace; relation of the passages at the meeting at Uxbridge. July 1. 1646. Imprimatur Na: Brent. Stafford, William, 1593-1684. 1646 (1646) Wing S5152; Thomason E350_8; ESTC R201041 87,456 156

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power the passage is short and not unfitly quoted of the Earl of Warwick his contest with King Hen. 6. who directing his Privy-Seal for discharging the Earl of his Captain-ship of CALLIS the Earl refusing continued his office his reason was that it was granted him by a Parliament Whereto it may be objected that might be a personal contumacy in the Earl which proves not the Authority of that Court therefore not binding other Subjects yet this objection may be replyed unto that the Earl knew on what ground and by what judgement his refusing it was granted The Court of Parliament is not hereby so adored or prized nor are they so fond of their own Acts and Ordinances as to think them absolutely pure and unchangeably perfect or to derive the blessing of successe on their designs for the merit of their actions inuring for the present either in abrogating ancient or constituting new Acts and Ordinances which they may retract as occasion shall serve but to the Justice of their endeavourings which were they able to make good their proper and total power they would ere this have terminated and reduced their Acts into established Laws It is probable that many of those ancient usuages and Constitutions which they for reasons best known to themselves have for the present altered will revert and turn them to their former being without utterly abrogating the same To conclude and settle the doubtful and wavering Judgements had touching the power and Authority of this Court the aforecited * Sir Ed. Cook Oracle of Law hath delivered at large in his fourth Book of Institutes who wrote it in a calm and quiet time when there was no need to defend the Authority thereof Besides the preamble to the Statute concerning Parliaments sets forth and confirms the Power See the statute Authority and by necessary consequence the Priviledge of that Court as the only and proper cure of Grievances and remedy of Mischiefs in a Common-wealth The three first Conclusions are evident by what hath been observed before the latter of the three is Discoursed at large by a learned Author in his Book Intituled A more full Answer to Doctor Fern. But to answer one objection concerning the taking up of Arms and that the People take up Arms against their King which the objectors say is unlawful under what pretence soever If the Question be rightly weighed and stated it will evidently appear that this is no taking up Arms against the King no more then a Chyrurgion doth offend or wrong his Patient when to recover and preserve the whole body he cuts and takes away the proud and putrified flesh encircling and infecting the more eminent and sounder part And if in this Quarrel the King shall unnecessarily and with hazard to himself against the advice supplication and importunity of His Subjects expose Himself to danger Gods protection being more immediately seen over his Anointed is herein crossed if not tempted and if it happen otherwise to Him then His Subjects would His miscarrying is of Himself or rather from those who perswade Him to it The Question which hath cost this blood is not now betwixt a King governing according to the strict and precise Rules of Law the measure of each mans Right and Subjects rebelliously rising up in arms against their King and those Laws as some men in their gall of bitternes have given out but betwixt a King transgressing the known Laws as Himself confesseth and retracts His Fault and a Court of Parliament the Supreme Councel of the Kingdom endeavoring in a just and legal way to punish and represse Offendors as former Parliaments have done no other power or force to dispute or emulate a King's and the matter whereon they quarrel an actual invasion made on the Fundamental Laws and a party engaged to imbrace and abet the same whither under the notion of Loyalty or from Humor Ambition and Levity on the one side and the Parliament with a party adhering unto them contending to preserve those Laws with the Subjects Right and Liberty on the other side For the controversie is not immediately and principally in the new-sprung Differences about Church or State-Government as which the more perfect Form in State Monarchical Oligarchical or Aristocratical which in Church-Government an Independent Presbyterial or Episcopal which latter two are not much differing in themselves in their Primitive Institution as anon will be shewed in its proper place All these Controversies are emergent only and resulting out of the occasion of this War which gives occasion and liberty to all dissentions and makes every one a fierce combatant in maintenance of his own opinion But the principal parties are as before observed a party who hath actually violated the Laws by which we are governed and have their partakers and a party who contend and would preserve the same The first abetted under the stile of being good Subjects the latter traduced and inveighed against as Rebels What the Laws of this Kingdom conveyed unto us in these latter times are under which we are born and governed is by an ordinary light of study so figured in all mens knowledge as no man can but consent unto and confesse That to be the Law which the Court of Parliament doth Enact which Court hath power also to Repeal Dissolve Alter or make Perpetual as they please and that to be a Parliament certainly and definitively which is the assembling together of the Nobility and Gentry of this Kingdom lawfully summoned by the King in the prudent and deliberate Counsel of his heart at such a Time to such a Place for Reasons expressed in that His Writ What the Power and Priviledge of that Court in general is is learnedly and industriously set down by the forenamed Author of what power and stability this is whither to continue until their work for which they were assembled be finished or Arbitrarily to be dissolved the King hath by His own Act defined in binding Himself not to dissolve without their consent Wherefore if He shall alter such Act made and consented unto by Himself during the Session of that Court in His * Ira inimica Concilio Cicer. anger an Enemy to Counsel because He may not conform and rule them call and divide any part of them from the place where they were first summoned whither those which stay behinde in the first named place or those which come away to the last without respect had to which is the major part shall be reputed the true Parliament Object And whither that dividing be a dissolving without consent or not 't is no dissolving but a local removing in nature of Adjournment which is peculiar to a Kings power both to Summon and Adjourn Answ The King it is confess'd hath power to Summon and to Adjourn as former Kings have done to other places of the Kingdom as NORTHAMPTON OXFORD WINCHESTER c. but such Adjournments have been on special and extraordinary occasions of Plague