Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	king_n	law_n	parliament_n	3,046	5	6.8040	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77282	A plea for the peoples good old cause: Or, The fundamental lawes and liberties of England asserted, proved, and acknowledged, to be our right before the Conquest, and by above 30 Parliaments, and by the late King Charls; and by the Parliament and their army in their severall declarations in their particular streights and differences. By way of answer to Mr. James Harrington his cxx. political aphorismes, in his second edition. By Capt. William Bray.	Bray, William, 17th cent.	1659 (1659)	Wing B4307; Thomason 763[7]; ESTC R207096	15,797	16

commanded all our Justices that they shall from hence forth do even LAVV and execution of RIGHT to all our Subjects Rich and Poore without having regard to any Person and without letting to do RIGHT for any Letters or Commandement which may come to them from VS or from any other or for any other CAUSE suitable to this also hath all the Kings of England been obliged by the Sacred and inviolable Obligation of an Oath and therefore Saint Paul saith 6 Heb. 16 17. Men verily sweare by the greater and an Oath for Confirmation is to them an end of all Strife and that God to shew the immutability of his Counsell confirmed his promises by an Oath And in the first Remonstrance of Parliament dated the 15th of December 1641. you may find what Particulars were declared as grand evils Incumbrances Breaches and Inconveniences done against the Righteous antient Lawes and LIBERTIES of the People which shewes what the GOOD OLD CAUSE was originally declared to be in defence of which cause there hath been shed so much precious Blood Destruction of FAMILIES and many MILLIONS of Treasure spent I have been a little tedious in this partly because I saw an ingenious Pen take some just Cause of offence as I conceive from your Petition directed to the Parliament of the Commonwealth pag. 4. cited by Mr. Rogers in his Book called A CHRISTIAN CONCERTATION c your words he cites are these viz Your minds are not settled in any known Constitution of Government or Fundamentall Orders according to which all LAWS should be made The late King Charls in his Declaration published by advice of his Privy Councell in the Book of Collections of Remonstrances and Declarations printed by Edward Husbands by Authority of Parliament pag. 28 29. saith That the Law is the INHERITANCE of every Subject and the onely security he can have for his LIFE LIBERTY and ESTATE And in an answer to the Petition of the House of Commons 28 Jan. 1641. pag. 61. he called God to witness that the LAVV and LIBERTIE of the Subject should be as much his care and industry as of his life or of the Lives of his deerest Children And in the said book of Declarations of Parliament 19th May 1642. pag. 211.212 We are fully say they of the Kings mind that he might rest so secure of the affections of his Subjects That he should not need of Forraigne force to preserve him from Oppression and are very confident he should never want an abundant evidence of the good wishes and assistance of the whole Kingdom especially if he shall be pleased to hold that Gratious resolution of building upon that sure FOUNDATION the LAW of the Land Then their Remonstrance of Parliament May 26. 1642. pag. 263. That they would be tender of the LAW which they acknowledged be the Safeguard of all PUBLICK and PRIVATE Interests And page 657 and 666 That the Parliament raised the Army for their just defence and LAWS NECESSARY PRESERVATION when an Army was marching towards them to destroy them both And in the Book of the Declarations of the Army Printed by Matthew Simmons 27 Sept. 1647. After their then victory they hoped to to put an end to Tyranny and Oppressions that Justice and Equity according to the LAW of the LAND should have beee done to the People That the meanest Subject should fully enjoy his RIGHT LIBERTIE and PROPRIETY in all things which the Parliament had made known to all the world in divers of their Declarations to which they had so often bound themselves to perform by their OATHS VOWS COVENANTS PROTESTATIONS and the Parliament in the aforesaid Book of Declarations page 659 666 661 amongst other words declared that the Cause was That the Commonalty might enjoy in the maintenance of their LAVVS LIBERTY RELIGION their own BIRTH-RIGHTS FREEDOM and LIBERTY of the LAVVS of the LAND being equally intituled thereunto with the greatest Subject yet we hope say they this is far from any purpose to raise malice and hatred between them and the Gentry but rather to knit and unite them more fast together and the late KING CAARLES in his Declaration in the aforesaid Book of Declarations page 768 769. Confesses and averrs That the LAW makes the meanest Subject as much a LORD of his own as much as the greatest Peere to be valued and considered as by the said several Declatations will fully and largly upon perusal appear So that I have shewed some of the chief FOUNDATIONS of our Government which is unchangeable and which all personal authorities are subservient unto their greatest duty and care being to preserve the same inviolable and the People will be miserable if these FOUNDATIONS or any suitable superstructure to this FOUNDATIONAL RIGHT Government or Freedom be changed III. As to your third Aphorism you would have done well to have informed the People and Parliament of the Common-wealth of England wherein or in what particulars the Government by Lawes formerly in the time of Monarchy were imperfect or ineffectual that so they might have had some benefit by you by being made capable to know what you mean and how to redresse any Invasion upon our FUNDAMENTAL RIGHTS but a general Charge in the judgement of Law or Reason signifies nothing according to an apptoved Maxim in Law Dolosus versatur in generalibus IIII. As to your fourth Aphorism It hath been the Peoples misery that there hath been so many various Governments as you call them by Arms. But the use of Arms in a generally professed and pretended Christian and rational Common-wealth that hath such excellent Laws as we have must be only as contingent things and subservient to the Supream Government the FUNDAMENTAL LAWS of Justice Peace and Safety PARLIAMENTARY constant COUNSELS V. As to your 5th Aphorism It s hard to judge and averr that the People cannot see as well as feel and it is much if the losse of many thousand persons and Families several waies Millions of Treasure Destruction of Trade and all other sad inconveniences and consequences thereof should not make them see Indeed if you had said that a party of the People whose eys have swelled with fatness and have had more than heart can well or reasonably wish and who have had great and continual places of profit in the Common-wealth under every Power almost For these not to see because they have not felt I should have more approved of such a kind of Aphorism VI. To your sixth Political Aphorism I say That the declared end of this late sad intestine War was that we might have our peaceable Government by Laws abhorring all things of Force The GOVERNMENT by good Laws as ours are is just peaceable and certain The Government by FORCE cannot properly be called a GOVERNMENT but ought to be subservient to the Supream Fundamental Law and to the Supream peaceable PARLIAMENTARY Legislators or CONSERVATORS of that Law VII To the seventh Aphorism I say in agreement with you

LORD into one of the Chambers and GIVE them VVINE to drink Jer. 35.1 2 3 4 5 6 c. 18 19 verses And indeed if we should admit Innovations upon our FUNDAMENTAL LAVVS received as I have said before from our Ancestors we should make an illegal President to subject our selves not onely to the destruction of the good being of them but to a thousand other Innovations as often as the Moon changes or occasions or discontents arise or power prevails or as often as any person or persons whatsoever may suggest whereby to introduce an inevitable dangerous ARBITRARY POVVER contrary to all the Declarations Promises Vows and pretences and what the consequences of that may be lyes onely in the breast of the Almighty An Innovation it self if by any party contrary to a FUNDAMENTAL LAW is ARBITRARY And Arbitrariness is contrary to NATURE LAW AND PEACE The PARLIAMENTS long Remonstrance of Grieviances 16 Dec. 1641 vindicated the PETITION of RIGHT in full Parliament Counselled the People against Arbitrary Power violating the Law and breaking the Priveledges of Parliament calling it a bold and presumptious Injustice of such Ministers as durst break th● Laws and suppress the Liberties The Book of Declarations printed by Edward Hushands page 484. The Parliament declared themselves offended that the Kings party did endeavour to possess the people that they intended to take away the Law and introduce an Arbitrary Government a thing which every honest morall man abhorrs say they much more the Wisdom Justice and Piety of both Houses of parliament And page 709 It is well known say they The Laws of holding PARLIAMENTS once a year LAY ASLEEP for a long time yet the practise was NO ARGUMENT AGAINST the RIGHT And pag. 574 575. They complained That the Kings party were laying a Foundation of an ARBITRARY GOVERNMENT In the late KING CHARLES his Declaration pag. 768 769. are words to this effect viz. That the RULES of an unlimited ARBITRARY POWER are inconsistent with the least pretence or shaddow of that property it seems to defend And in the said KING CHARLES his Speech and Protestation made 19 Sept. 1642 page 614 are these words viz. I do promise in the presence of Almighty God and as I hope for his blessing and protection c. To maintain the JUST PRIVILEDGE and FREEDOM of PARLIAMENT and to Govern by the known Lawes of the Land to my utmost Power and particularly to observe inviolably the Lawes consented unto by me this PARLIAMENT In the Book of the Armies Declarations page 38 in 1647 Printed by Matthew Simmons That they were not a meer mercinary Army to serve an ARBITRARY POWER of State That they took up Arms in Judgment and Conscience for their own and the Peoples just Rights and Liberties To assert and vindicate the Just Power and Rights of the People in Parliament against all ARBITRARY Power violence and Oppression against all particular parties or interests whatsoever And pag. 41 That they could not wish to have an ARBITRARY POVVER in any in whom they more confided or who were most of their oipinon or Principles or whom they might have most personal assurance of or interest in I have read that when Bassianus had slain his Brother and Coemperour Geta in his Mothers Arms he intreated Papinianus a famous Lawyer to plead his excuse whose noble answer was and is to be be commended viz. Non tam facile est excusare quam facere fratricidium It is not so easie to excuse as to commit a fratricide so I may say in this Case It may be easier to endeavour and to introduce a hundred Innovations then to justifie one Thus I have given you my thoughts of your Aphorisms in general intending to your own satisfaction as well as others and the discharge of my own Conscience For some things which I conceive do chiesly belong to PARLIAMENTARY COVNCIL I wholly omit But only in love to my Countrey in which I have bin 11 years a very great sufferer I put in my mite without intended disrespect to you you being a stranger to me And so I shall cocnlude with subscribing my self 24 Octob. 1649. Your friend and Country-man W. BRAY. FINIS

be delayed it would be a lingring and wasting spoyle and Consumption and as destructive to the interest of the People as if the two last precedent Provisions and benefits had no being at all for the renowned Lord Cook saith dilatio est quaedam negatio And therefore I shall say as it is said by the Translator to the Reader in the Book called the Mirror of Justices who rationally declined the opinion of some That our Common Lawes as to the generality flowed first out of Normandy As Cicero was bold to derive the Pedigree of his Roman Law from the great God Jupiter so saith he I hope without offence I may be imboldened in the person of our Common Law to say That when the Lawes of God and Reason came first into England then came I in This I declare and recite to shew the excellency of the Fundamentall Law of the Nation The Lord Cook in the first part of his Institutes in his Commentary upon Liatleton Lib. 2. Cap. 4 Sect. 108. Magna CHARTA is so called in respect of the weightiness and weighty greatness of the matter contayned in it in few words being the Fountaine of all the Fundamentall Lawes of the Realme and therefore to be presumed inviolable and saith he it may be truly said of it That it is Magnum in parvo It is in our Books called CHARTA LIBERTATUM COMMUNIS LIBERT AS Angliae or Libertates Angliae or CHARTA de LIBERTATIBUS MAGNA CHARTA confirmed above 30 times in full PARLIAMENT And by the Statute of the 42 Ed. 3 cap. 3. if any Statute be made against it it shall be voyd whereby it doth appeare by the wise Act of our Ancestors in former and peaceable times that they did foresee that future Parliaments might possiby endeavour to make this Fundamentall Law ineffectuall by making somthing or other against it And further he saith To demonstrate Parliaments are and are justly to be limitted and guided by it so as to make no Act contrary to it or inconsistent with it It is the FOUNDATION OF ALL OTHER ACTS OF PARLIAMENT And further he saith to manifest that this Law was common Law and was before the Charter in the peoples possession It is but a Confirmation or Restitution of the Common Law as in the Statute made Confirmatio Chartarum An. 25. Ed. 1. it appeareth by the opinion of all the Justices And it is a Maxime in the Law No man ought to be wiser then the Law and Ed. 1. for demonstrating his affection to the excellent common Law of England had the honorable Title to be stiled Vindex Anglicanae Libertatis as appeares by Mr. John Bashawes Argument of Law in Parliament against the Bishops Cannons And likewise Mr. Sollicitor St. Johns in his Argument of Law against the Earle of Strafford saith the destruction of the Law dissolves the Arteries and Ligaments that hold the body together and cites the Case of Empson and Dudley who were beheaded for executing that ILLEGALL ACT of PARLIAMENT 11. H. 7. cap. 3. which gave power to Justices of Assise as well as Justices of the Peace VVithout any finding or presentment by Jury of 12 men of the Neighbourhood being the ancient BIRTH-RIGHT of the subject upon bare information for the King before them made to have full power and Authority by their discretions to heare and determine all offences or contempts committed or done by any person or persons against the order forme manner or effect of any Statute made and not repealed By colour of which Act of Parliament SHAKEING the FUNDAMENTAL LAVV viz the 29. cap. of Magna CHARTA it is not credible saith he what Exactions and Oppressions were done to the dammage of many People both indicted at Common Law and by Act of Parliament 21 H. 8. both lost their heads And the Lord Cook in the 4th part of his Institutes calls that ACT OF PARLIAMENT A MISCHIEVOVS ACT with a Flattering Preamble The Colour and Fraudulent pretences to avoyde our ANTIENT BIRTH-RIGHT TO DELUDE and amuze the People were to avoyde divers mischiefs 1. To the displeasure of Almighty God 2. To the great Let of the Common Law 3. The great Let of the wealth of the Land as high pretences as any that would make Innovation can devise It was one of the Principle Treasons of Trisilian cheife Justice for dilivering his opinion in subversion of the Law for which he was deprived of his life And the Lord Cook in his Proeme to the second part of his Institutes sets forth that Edward the first did ordaine that Magna CHART A should be sent under the great Seale to all Justices of the Forrest as to others and to all Sheriffs and to all other Officers and to all Cityes and to all Cathedrall Churches and read and published in every County foure times in the year in full County 25 Ed. 1. cap. 1. and cap. 3. and 28 Ed. 1. cap. 2.17 And in the Preamble of the great Charter as the Lord Cook shewes in the second part of his Institutes This antient this Common Law was assented unto and confirmed in these words in the CHARTER viz. that the King did it spontanea bona voluntate that so the King might not plead per duresse as King John did who sought to avoyd it upon pretence of Duress And further saith the Lord Cook in his Proeme to the second part of his Institutes The Common Law of England the great Charter cannot be avoyded by the pretence and suggestion of the minority of a King because his pollitique capacity did alwayes judge him to be of age and no Minor that no argument whatsoever might avoyde our Fundamentall Lawes and Libertyes And further he saith that the onely thing that hath impugned our Liberties hath been evill Counsel Flattery and Ambition and cites the Case of Hugo de Burgo cheife Justice in Henry the 3d his time which is above 400 yeares agoe and Hugh Spencer c for giving rash and evill Counsell to Ed. the 2d but their advice proved destructive to them as the Lord Cook that renowned and industrious PATRIOT excellently shewes and illustrates in the second part of his Institutes of the Lawes of England in his Proem and upon the 29th Chapter of the great Charter All which with friendly submission although you are a stranger get to me to your impartiall serious and just consideration is of great use and worthy your reading and of extending your abilityes and understanding to manifest your affections to those Fundamentall Legal Aphorismes therein contained or to be naturally deduced instead of your own Politicall ones And further to continue to manifest the Excellency of the being and supremacy of the Law averred and mutually confessed in the dayes of Monarchy and by honourable Parliamentary Counsell you may see in Rastalls Abridgements of the Statutes Title Justice and Right Justices An. 2. Ed. 3. Cap. 8. By the assent of the great men and otherwise men of our Counsell we have