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A35045
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A letter to a freind [sic] shewing the illegall proceedings of the two houses of Parliament and observing God's aversenesse to their actions, which caused the authours returne to the king and his alleagiance.
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Cowley, Abraham, 1618-1667.
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1645
(1645)
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Wing C7; ESTC R13193
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10,170
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22
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the opinion raised this Parliament that the two Houses are above the King and therefore the King ought and must passe such Bills such Acts as they resolve and offer to Him That say the Lawyers is totally false and against all reason law and practice in all ages And in considering thereof they have not beene led by the Pamphlets published this Parliament on either side because such like Schoole-Disputants rather endeavour to maintaine their Position and side then to discover truth therefore the Lawyers grounded their judgement upon bookes formerly written upon precedents of moderate times when the Kings Prerogative and Subjects Liberty both knew and kept their proper bounds The Parliament say they of the 24 Hen. 8. cap. 12. Declares That the Realme of England is an Empire governed by one Supreame Head and King having the Dignity and estate of the Imperiall Crowne unto whom a body politique compact of all sorts and degrees of people by the name of the Spiritualty and Temporalty beene bound and owe next to God a naturall and humble obedience being by Gods goodnesse endued with plenary whole and entire power authority and Iurisdiction within His Realme This body politique no doubt is the two Houses of Parliament and doubtlesse then the two Houses owe this naturall and humble obedience and then sure if the Servant be not greater then his Master to whom he owes his obedience the Creature then his Creatour then the two Houses that as appeares by their owne act for the continuance of this Parliament are called by the King and by Him dissolve able are not above the King that is their breath and gives life to all their Actions And if the King be by God endued with plenary power entire authority and Jurisdiction Consider from whom can the two Houses have their power their authority and Jurisdiction to be above that given by God In Caudries case in the 5 Report fol. 10. the King is said to be the Vicar of the Highest King ordained to governe and rule the Kingdome and people The Parliament in the 25 Hen. 8. acknowledged the Jurisdiction of Kings to be immediately from God The Statute of the 26 of Hen. 8. cap. 1. declares the King to be the onely Supreame Head in Earth under God of the Church of England and that he hath Power to redresse and reforme all Errors and abuses in the Church In the 26 Hen. 8. cap. 3. the Parliament declares that the King is the onely Supreame Head under God of the Church of England having the whole Governance tuition and defence thereof and of His Subjects And consonant to that is our Statute 1 Eliz. and in our Oath of Alleagiance ordained by Act of Parliament we and especially the Members of the House of Commons acknowledge and sweare That the Kings Highnesse is the onely Supreame Governour of the Realme both in Ecclesiasticall and Temporall causes And our Lawyers say that the King being the Supreame Governour cannot have any Governour naturall or politique as the two Houses above him and as he is the onely Supreame Governour must needs be above all other Governours either naturall or politique By the same Oath we sweare allegiance to Him and His Heires and Successours which must needs be to his Naturall capacity for his Politique cannot have Heires And in the case of the Dutchy of Lancaster Plowd 213. It is resolved that the body politique of the King cannot be severed from his naturall body And then it is ridiculous to thinke much more to say that the politique capacity of the King is included in the two Houses of Parliament when his naturall is absent and dissenting to what they doe If the two Houses could make a Law or Ordinance to binde the Subject without the Kings assent why should not all the Bils that passed both Houses but had not the Kings assent why should not they be good and valid and binde the Subiects ' they had the Votes of both Houses when full and entire they had more consideration more circumstance all necessaries but the Kings assent to the making of a law yet these Bils in all ages have beene held naught and invalid And shall the votes of the two Houses uponmotion of a worthy Member though not a 5th part of either House be present and without the Kings assent shall they make a good Ordinance to repeale five Statutes in the Reignes of Edw. 6. and Queene Eliz. as in the Ordinance for the Directory and the Booke of Common Prayer all which have stood unquestioned these 100 yeares and in which time we have had 20 Parliaments in which our now Parliament-mens Fathers and Grand-fathers were Members and I beleive as wise as honest and as Religious as their Sonnes and Grand-children and they approved they practiced and followed that Liturgy The Parliament 1 Jacob cap. 1. prayes the Kings Royall assent to a Bill without which nothing say they can be compleate and perfect nor remaine to posserity And Cowell who writ about 40 yeares since speaking of the regality of the King comprised under the title of Prerogative There is not one faith he that belonged to the most absolute Prince in the world which doth not also belong to our King onely by the custome of this Kingdome he maketh no lawes without the consent of the three Estates Lords spirituall Lords temporall and the Commons though HE MAY QUASH ANY LAVV CONCLUDED BY THEM Then how shall the Votes and Ordinances of a small part of the House be good when against Magn. Char. against the Petition of Right against our Allegiance and Protestation Yet must we venture our lives to murther our brothers and fellow Subjects or they us or both to maintaine what they vote though against Law contrary to the Gospell and without Precedent But the two Houses doe but endeavour to take the King from His Evill Counsellours to bring him to his Parliament where he ought to be present resident or else they may force him yea eradicate three eares of Wheate to destroy one of tares For that say the Lawyers there is no precedent no booke unlesse writ within these two yeares But Master Hooker alias Vowell who writ about the beginning of Queene Elizab. is much quoted by Master Pryn writing the manner of holdings of Parliaments as we may see in Hollinshead 2 part fol. 121. saith that the King is Gods Anointed his Deputy and Vicar on earth the Head of his Realme the Cheifest Ruler on whom wholly and onely depends the Government of the Estates of the Realme That the King ought to be personally present in Parliament three daies in every Parliament first on the day of appearance secondly on the day when the Speaker of the House of Commons is presented the third when the Parliament is prorogued And for other daies saith the Booke he is at his choice to come or not to come And it appeares by the Statute of 33 Hen. 8. cap. 21. That if the King be
in Pontus Galatia c. not natives they tyed only by a locall alleageance we by a locall by a native by a sworne alleageance they to a heathenish we to our annointed Christian King All Divines agree Christ would not have his Church his Gospell planted by any bloud but his owne and therefore would not suffer Saint Peter to strike to rescue him his King his God Christ then will not that his vine should be drest his Church reformed with the bloud of Christians Yet now our reformed Religion permits Subjects Jesuite-like to fight against their King for the propagation of the Gospell And that all things be done as the Apostle directs decently and in order they have supprest all Church-Government and left almost every man to be his owne Bishop and if he will his owne Preist The Booke of Common Prayer composed by all the Clergy of England and they legally called confirmed and sealed by their bloud and commanded by severall Parliaments for these 100 yeares yet now on a sudden voted downe as Popish But not one particular exception to any onething in the Liturgy But a set forme of Prayer is a binding of the Spirit and therefore our new Directory ties not the Spirit to words for the cloven tongues speake all languages but the Assembly of Godly Divines prescribes only the matter or effect of their prayer lest the spirit beeing at too much liberty should pray against the Close Committee and their proceedings The ten Commandements and Commination as restraining our Christian Liberty and Judaicall the Creed not yet rectified according to the sence of the house as erroneous the Epistles and Gospells fitted to the Celebration of their severall dayes as Popish according to the Discipline of the Kirke of Scotland are all excommunicated So that Now in our new Reformed Church we have neither good Commanded nor evill prohibited no faith confest nor good example to imitate The Reading Psalmes had beene totally banished the Church because written by a King but in respect David was a Prophet too they are left to the wisedome of the Minister to read if he will But the better Meetre of Hopkins and Sternhold because composed by Commoners are commanded to be sung to waken the sleepie devotion of the otherwise mute Congregation I pray thee pardon mee that I a little sport with our misery but 't is in private and onely to thee All the Lawyers I have spoken with except Corbet and Master Prideaux unanimously agree that all Ordinances made by one or both Houses of Parliament without the King's assent are like man without the breath of life handsome models but uselesse and that all things done or acted by colour or direction of those Ordinances are illegall and invalid and that there is neither president to warrant nor reason to maintaine them And that both our ancient and moderne Lawes were made by the King but advised and consented to by both Houses all which appeares clearly in the penning of our Ordinances and Acts of Parliament even from H. 3. untill within these two yeares for they run thus The King at the instance of his great men provided and ordeined that c. And that manner of penning held untill R. 2. and then The King by assent of the Lords and at the request of the Commons ordaines and establisheth c. And all the following Parliaments even this present in the Act for the Trienniall Parliament uses the same words Be it enacted by the King with the consent of the Lords and Commons So that in all ages the King made the law the Lords and Commons doe but advise and consent thereunto and custome that is a great part of our law will not that any old law be abrogated or a new law made but by the King with the Consent of the two Houses and they are all confident that Master Pryn cannot shew any one Ordinance made without the Kings assent nor any one booke or any ancient opinion that they might nay the very practice of the Houses is against it insomuch as nothing is of record with them but what hath life by the Kings assent So as if a Bill hath passed in both Houses yet that if the Sessions of Parliament end before the Kings assent had to that Bill the next Sessions the same Bill must be as at first thrice read in both Houses and againe have all the formalities and circumstances as it had the first Sessions for they cannot this Sessions take notice of their owne Actionsin that before The Knights Citizens and Burgesses are but Atturnies or Deputies for their severall Counties Cities and Boroughs and therefore they cannot as Barons which sit in their owne right make a Deputy or party to consent or act for them because by law an Atturny cannot make an Atturny assigne the power and trust to another which is reposed in himselfe and therefore cannot make Committees in severall Counties to raise armes to commit their fellow Subjects c. Nor can Atturnies exceed or alter the power given them by their deputation or letter of Atturny but must follow that And what the power and authority given them is appeares in their Indenture betweene the Shriffe and those that elect them which is but according as the Kings writ requires not power to doe what they list as appeares by Crompt Juris fol. 2. The constant practice and course of Courts best shewes the power and jurisdiction of the Court say the Lawyers and they averre that there is not any one Ordinance of Parliament to be found made by the Lords and Commons without the Kings assent And surely had the two Houses such power the Parliament of Edw. 2. Rich. 2. and Hen. 6. so bitter against the King would have found both the precedent and made use of the power Let these therefore that are so ready to raise armes without the Kings assent nay contrary to His Command nay even against His Person let them consider that in Rich. 2. where his Barons of Parliament and others by colour and in persuance of an Ordinance of Parliament whereby Hugh De le Spencers were banished and to be proceeded against as enemies to the King and Kingdome in case they did returne The Sonne returning to the King the Barons and others pretending that the De le Spencers could not be legally attainted by processe of law because they the De le Spencers had usurped the Royall power and therefore in case of necessity for so is the Booke of old Mag. Char. fol. 54. mutually bound themselves by oath as we by our Protestations and with Armes and banners displayed persue the De le Spencers and kill and imprison divers of the Kings Subjects and take their Townes Castles Houses c. and all without the Kings assent as ours doe for which they were glad to take a pardon as ours would be of an act of oblivion the Scotch word for a generall pardon for that oath their armes c. Touching