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
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91220 The cordiall of Mr. David Ienkins: or His reply to H.P. barrester of Lincolnes-Inne, answered. Parker, Henry, 1604-1652. 1647 (1647) Wing P400A; Thomason E393_9; ESTC R201593 18,740 33

There are 2 snippets containing the selected quad. | View lemmatised text

Riots or Insurrections how dangerous or great soever the Sheriffe and other ordinary Officers of Justice ought to be imployed in the businesse and those which are so imployed are to be directed solely by the Judges and Courts of the Land in speeding Law and not at all by any extrajudiciall command of the King in opposition to Law If these things were not so the King of England could not be restrained from doing wrong our Kings would be above all Law and the Law could have no power above them and if our Kings were above Lawes and not restraineable thereby from doing wrong the people of England were not a free people but as remedilesse Slaves as the Grand Signiors Vassells are Our Lawes provide against servitude in us but that were vaine if they did not provide also for efficacy in themselves in so much as Lawes if the King were above them and so might alter them at pleasure or interpret them according to his owne sence or could execute or not execute at discretion by being sole Master of the sword would be no better then Cobwebs to us By the light which reflects from these fundamentalls premised we shall now the better view and examine that which Mr. Jenkins replyes to the eight particulars of H. P. In the first particular the question is Whether the House of Commons have power to examine a Delinquent or no Mr Ienkins holds the negative upon this ground that they have neither the Kings Writ Patent nor Commission for it It was answered That they did both sit and act by the Kings Writ and something greater then the Kings Writ Mr Ienkins not being able to deny that the Parliament was summoned by the Kings Writ and that it is continued still by an Act passed since onely quarrells at the Act of continuance pretending that the Act by which this Parliament is continued agrees not with the Act passed lately for a Trienniall Parliament nor with that for an Annuall Parliament passed in Edw. the thirds time as also that it is mischievous otherwise by Protections Priviledges c. Is not this to quarrell with the King and both Houses Is not this to tell us that Mr. Ienkins is wiser then all the three Estates though joyned together The King the Lords and Commons judged that this Act did agree with the other two yet Mr. Ienkins judges contrary The King the Lords and Commons judged the advantage of this Act to be greater then any inconveniences Mr. Ienkins is of another minde Our Bookes have a Rule That no man ought to be wiser then Law Mr. Ienkins exempts himselfe out of this Rule but in the next place whatsoever the three Estates may doe yet Mr. Ienkins tells us that the two Houses make no Court nor Body Corporate nor Parliament without the King no more then a man remaines a man without a head Here is the mistake Mr. Ienkins thinkes the King is a head to the Parliament simpliciter or phisicè whereas he is so but secundum quid or metaphorisè for if he were such a head to the Politick Body as the true head is to the naturall Body the body could have no subsistence without him but experience in our case teaches us the contrary and we can easily calculate that if the whole Royall Line should be spent and the Crowne Escheat sitting a Parliament the Lords and Commons would remaine a living Parliament and be the supreame power of the Kingdome without a King Also if this should happen out of Parliament the Lords joyning with the chosen representants of the whole Kingdome would be equally as competent if not more for all Acts of Majesty and supreame dominion as now they are in Parliament Mr. Ienkins must needs also know that there are some Acts of Parliament yet of force in this Land which by the Lords and Commons were carried and consumnated not onely without but even against the King but I forbeare to draw Censure upon my selfe by citing them and whereas it was objected That the Parliament was in a meaner condition then other inferiour Courts if the Kings meere discretion could so make their deliberations voyd and vaine Mr. Ienkins replyes That this is most true and just for as much as in other Courts the King can neither judge nor controle but in the Court of Parliament quoad Acts the King is both Judge and Controller And why cannot the King judge and controle in the ordinary Courts because there they have the Kings power committed to them by Patent and as they are sworn to doe right so the King is sworne not to interrupt or frustrate them Thus 1 We see the Kings Patent to a few men is more vigorous then the most honourable Writ of the Law is when it is directed from the King to all the Peeres and Commons of the Land abetted besides with formall Statutes 2 We see an Oath taken from the Judges is of more valew then the faith and loyalty of the whole people 3 We see the King by his Coronation Oath is stronglier obliged not to obstruct Justice in private cases depending before lower Courts then the generall safety and welfare of the people in that Treshault Counsell which is so honourable that none ought to thinke ignobly of it 4 We must grant that Mr. Ienkins can better tell what the Law is in this point then both Houses 5 Whereas an Argument Ab inconvenienti was valid in Law before now an Argument drawne from the safety and liberty of the whole State and from the end of all Law is made rediculous by Mr. Ienkins for he which grants we are borne to liberty and safety as our right yet grants no meanes to attaine to that right nor remedy to recover it except the Kings Grace and even then the Grand Seigniours Subjects have their Masters grace and discretion to depend upon as well as we Thus is our state like a goodly Ship exquisitely decord strongly man'd and abundantly riggd with all kinde of Tackling and so built for agility in faire weather that nothing in that respect can be added to her perfection yet still she is so moulded by these kinde of Royalists that the least foule weather over-sets her We have excellent Lawes to secure our proprieties against the Crowne we have excellent Priviledges in Parliaments to secure our Lawes against the Judges and other Ministers of the Crowne and yet neverthelesse the Parliament it self is so discontinuable dissolvable and controllable by the Crown that our all which depends upon it has nothing in the last place to make it self good to us but the favour of the Crowne Thus may our Lawes and Priviledges in which there is acknowledged to be a directive but no coactive force over the King be compared to an imaginary Mathematicall Line in the heavens but not to any fence or circumvallation upon the earth Well may they informe the King what we ought to injoy as the Lawes of God and nature without them do to all
wel that whosoever is the Supreme judge of the Law if not directly yet he is consequentially above all Laws and whosoever is above all Law cannot bee restrained by the safety of the people though the most sublime of all Laws Wherfore if this be admitted true of our King that he is Supreme Judge of Law then it must follow that the Subject of England has no more assurance of Law or safety then what is founded onely in the Kings breast and discretion For the Kings being a prisoner that has been already answered and indeed it is is more truly said that his hands are held and disweapond then that his feet are fetterd or his head undiademnd Then for the Parliaments acting by the Kings writ there ought to bee some mistakes cleered therein also for we doe grant that the writ is the Kings the Great Seale is the Kings that Officer which has the Custodie thereof is the Kings the People are the Kings but we doe not grant that any of these are so the Kings as that they are not the Kingdomes also in a more eminent degree for as the Husband is the Wifes truly but not 〈◊〉 eminently as the Wife is the Husbands so the Kingdome is the Kings and the King is the Kingdomes yet the Kingdomes interest and relation far is more valuable and sublime 8. The last particular now offers it selfe in the close of all and here M. Ienkins does not deny expresly that many things may be good in Law notwithstanding that some formalities or those things which we terme apices Iuris are wanting for doubtlesse where 2 Laws are and both cannot be fulfilled the lesse important Law though it be more particular must give way to the more important Law though more generall ex gr. when the King dies by the common Law in force Parl. cease all judges Sheriffs Officers not absolutely necessary c. return to a private condition and so remaine till new Commissions obtained but if the new King happen to be beyond sea as at the death of Hen. 3. so that new Commissions cannot be immediatly granted and thereupon the greater Law of publick safety is brought into competition with the Law of an inferiour nature a new seal may be made new Judges new Officers may be created and either a former Parl. may be continued or a new one sūmond and all necessary points of complete administration may bee expedited as in probality they were before the arrivall of Ed. 1. God did not make any particular dispensation his shew-bread might be eaten by common persons if in distresse or the golden vessells of his Temple aliend when the City was to be redeemed from the insolence and rapines of a prevailing Enemy the generall Law of necessity was sufficient to warrant both the one and the other but I will presse this no further since M. Ienkins alledges nothing to shew why a Parl. which cannot deliver it selfe by an Act may not use meanes to deliver it selfe by an Ordinance I will not insist further hereupon But instead of disputing M. Ienkins seems to jeere 〈◊〉 for setting up Excise raising Armes Taxing the people imprisoning the King abolishing the Common Prayer Book selling Church-Lands c. and in an irony he concludes that all these are in order to publick justice and safetie M. Ienkins here leaves us upon uncertainties whether he condemnes our Cause because it required such props or onely these props because they assisted us in promoting so bad a cause If he allow of the ends but not of the meanes if he allow we may defend the Lawes and safetie of the State but not by Armes or if he allow of Armes but not of Taxes c. He must renounce rule naturall as well as logicall Qui dat finem dat media con●● centia ad finem If he allow of the meanes but not as conducting to such an end upon presumption that our Lawes and the Sc●● were not indanger'd or if he prove that they may not be defended he takes upon him more then is due for his part is to plead not to judge and answers might be given to his pleading but nothing can be said to his judging I conclude therefore with the L. Cookes Sensure of Treason as M. Ienkins does and am of the same opinion that Treason ever produces fatall and finall destruction to the offendor and never attaines to its desired ends and wish that all men for this Cause would serve God honour the King and have no company with the Seditious Yet let me adde this we have neighbours now in the Netherlands that lately have revolted from their Master and yet prosper and flourish beyond all in Europe the justice of their revolt may be questioned by some but I for divers reasons do not question it one amongst the rest is this of the L. Cookes because I think an act meerly treasonable cannot prosper FINIS