Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	absolute_a	acknowledge_v	act_n	43	3	5.7559	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50551	Jus regium, or, The just and solid foundations of monarchy in general and more especially of the monarchy of Scotland, maintain'd against Buchannan, Naphtali, Dolman, Milton, &c.	Mackenzie, George, Sir, 1636-1691.	1684 (1684)	Wing M163; ESTC R945	87,343	224

restrained by coactive Law Arnisaeus de essentia Majest cap. 3. num 4. By the 25. Act Parl. 15. Ja. 6. The Parliament does acknowledge That it cannot be deny'd but his Majesty is a free Prince of a Soveraign Power having as great Liberties and Prerogatives by the Laws of this Realm and Priviledge of his Crown and Diadem as any other King Prince or Potentate whatsoever And by the 2. Act. Parl. 18. Ja. 6. The Parliament consenting to his Majesties restoring of Bishops declare and acknowledge the absoluteness of our Monarchy in these words The remedy whereof properly belongs to his Majesty whom the whole Estates of their bounden duty with most hearty and faithful affection humbly and truly acknowledge to be a Soveraign Monarch absolute Prince Judge and Governour over all Persons Estates and Causes both Spiritual and Temporal within his said Realm And by the first Act of that same Parliament The Estates and whole Body of this present Parliament acknowledge all with one voluntary humble faithful united heart mind and consent his Majesties soveraign Authority Princely Power Royal Prerogative and Priviledge of his Crown over all Persons Estates and Causes whatsoever within his said Kingdom And because no Acts were ever made giving Prerogatives nor even declaring Prerogatives to have been due until some special controversie did require the same so that Possession and not positive Law was the true measure of the Prerogative therefore the Parliament doth in that same Act approve and perpetually confirm all the Royal Prerogatives as absolutely amply and freely in all respects and considerations as ever his Majesty or any of his Royal Predecessors possessed used and exercised the same and they promise that his Majesties Imperial Power which God has so enlarg'd shall never be in any sort impair'd prejudg'd or diminished but rather reverenc'd and augmented as far as possibly they can In the Preface to our Books of Law call'd Regiam Majestatem it is acknowledg'd that the King has no Superiour except the Creator of Heaven and Earth who governs all Forreign Lawyers also such as Lansius de Lege Regia num 49. and others do number the King of Scotland amongst the Absolute Monarchs My second Argument for proving our King to be an absolute Monarch shall be from my former position wherein I hope I have prov'd sufficiently that our Kings derive not their Right from the People for if the King derive not his Power from the People the Monarchy can never be limited by them and consequently it must be an absolute Monarchy for there could be nothing more unjust more unnatural and more insolent then that the People should pretend a Right to limit and restrain that Power which they never gave and the only reason why Buchannan and his Complices do assert our Monarchy to be a qualified and limited Monarchy being th●● the People when they first Elected our Kings did qualifie and restrain their Government This position being false as appears by the absolute Oath and original Constitution above set down which is lessened or qualified by no condition whatsoever therefore the conclusion drawn from it must be false likewise The third Argument shall be deduced from the Nature of Monarchy and in order thereto I lay down as an uncontroverted principle that every thing must be constructed to be perfect in its own Nature and no mixture is presum'd to be in any thing but he who alledges that the thing controverted is added against Nature must prove the same and therefore since Monarchy is that Government whereby a King is Supream the Monarch must be presum'd neither to be oblig'd to Govern by the advice of the Nobility for that were to confound Monarchy with Aristocracie nor by the advice of the People for that were to confound it with Democracie and consequently if Buchannan and others design to prove that our Kings are obliged to Govern by the advice either of the Nobility or People or are subject to be Chastised by them they must prove that our Kings at their first Creation were Elected upon these Conditions the very Essence and Being of Monarchy consisting in its having a Supream and absolute Power Arnisaeus c. 30. Vasquez l. 1. Controv. c. 47. Budaeus in l. princeps Zas ibid. ff de legibus pone enim says Arnisaeus populum in Regem habere aequalem potestatem neutrum pro summo venditari posse When we hear of a Monarch the first notion we have is that he is a Subject to none for to be a Subject and a Monarch are inconsistent but if we hear that his Nobility or People or both may Depose or punish him we necessarily conclude by the Light of Nature that They and not He are the supream Governours Thus we see that in allowing our King to be an absolute Monarch we have only allow'd him to be a Monarch and to have what naturally belongs to him and that by as necessary a consequence for as every Man is presumed to be reasonable because reason is the Essence of Man so is a King presum'd to be absolute except these limitations whereby the Monarchy is restrained could be prov'd by an express Contract 4thly How is it imaginable but that if our Predecessors had Elected our Kings upon any such Conditions but they would have been very careful to have limited the Monarchy and this Contract had with these conditions been recorded whereas on the contrary we find that albeit great care was taken to record the Oath of Allegiance made to the King and to grave the same upon Marble Tables consign'd unto the custody of their Priests as sacred Oracles yet none of all our Historians make the least mention of any limitations in these Oaths or by any other Contract and to this day our Oaths of Supremacy and Allegiance are clogged and lessened by no limitations If it be answered that these limitations do arise from the nature of the thing it self there being nothing more unreasonable and contrary to the nature of Government than that a Monarch who was design'd to be a Protector to his People should be allow'd to destroy them To this it is answered That Monarchy by its nature is absolute as has been prov'd and consequently these pretended limitations are against the nature of Monarchy and so arise not ex natura rei nor can there any thing be more extravagant than to assert that that which is contrary to the nature of Monarchy should arise from its nature and it might be with greater reason pretended that because the great design of men in Marriage is to get a Helper that therefore they may repudiate their Wives when they find them unsupportable and that the putting them away in such cases is consistent enough with the nature of their Oath though simple and absolute this cause of Divorce arising from the nature of Marriage it self This is after Vows to make Inquiry and what Vow or Oath could be useful if the giver were to be Judge how

Institut de Jur. Natural § singulorum de rer divis And when the Law declares That a Supreme Prince is free from the obligation of Laws Solutus legibus which is the highest power that a Parliament can pretend to or arrive at yet Lawyers still acknowledge That this does not exclude these Supreme Powers from being liable to the Laws of God Nature and Nations Accurs in l. Princeps ff de Leg. Clementina pasturalis de re judicata Bart. in l. ut vim de justitia jure Voet. de Statutis Sect. 5. Cap. 1. Nor can the Law of Nations be overturned by private Statutes or any Supreme Power And thus all Statutes to the prejudice of Ambassadors who are secured by the Law of Nations are confess'd by all to be Null and the highest Power whatsoever cannot take off the necessity of denouncing a War before a War can be lawful And Lawyers observe very well That those who would oppose the common Dictates of Mankind should be look'd upon as Enemies to all Mankind My second Argument shall be That the King and Parliament can have no more power in Parliament than any absolute Monarch has in his own Kingdom For they are when join'd but in place of the Supreme Power sitting in judgment and therefore they cannot in Law do what any other supreme and absolute Monarch cannot do for all the Power of Parliaments consists only in their Cons●nt but we must not think that our Parliaments have an unlimited Power de jure so as that they may forfeit or kill without a cause or pass Sentence against the Subjects without citing or hearing them or that they can alienate any part of the Kingdom or subject the whole Kingdom to France or any other Foreign Prince all which deeds would be null in themselves and would not hinder the Party injur'd from a due redress For if our Parliaments had such Power we should be the greatest Slaves and live under the most arbitrary Government imaginable But so it is That no Monarch whosoever can take from any man what is due to him by the Law of God Nature and Nations For being himself inferior to these he cannot overturn their Statutes Thus a Prince cannot even ex plenitudine potestatis legitimate a Bastard in prejudice of former Children though they have only but a hope of Succession l 4. sequen de natal restituend And for the same Reason it is declared in the same Law that he cannot restore a freed man restituere libertum natalibus in prejudice of his Patron who was to succeed though that Succession was but by a municipal Law For clearing which Question it is fit to know that the Eminent Lawyers who treat Jus Publicum as Arnisaeus and others do distinguish betwixt such Kingdoms as were at first conferr'd by the People and wherein the Kings succeed by contract and in these the Laws made by King and People can exclude or bind the Successor And yet even here they confess that this proceeds not because the Predecessor can bind the Successor but because the People renew the Paction with the succeeding King But where the Successor is to succeed ex Jure Regni in hereditary Monarchies there they assert positively that the Predecessor cannot prejudge the Successor's Right of Succession which they prove by two Arguments First That the Predecessor has no more Power nor Right than the Successor for the same Right that the present King has to the Possession the next in Blood has to the Succession and all our Laws run in favour of the King and his Heirs and no man can try his Equal or give him the Law Par in parem non habet dominium The second is That it were unjust and unequitable that the Predecessor should rob his Successor Nulla ergo says Arnisaeus Cap. 7. Num. 5. clausula Successori jus auferri potest modo succedat ille ex jure regni And Hottoman lib. 2. de Regno Galliae asserts that in France which is a very absolute Monarchy Ea quae jure Regio primogenito competunt ne Testamento quidem patris adimi possunt And thus when the King of France design'd to break the Salique Law of Succession as in the Reign of Charles V. it was found impracticable by the Three Estates And when Pyrrhus was to prefer his youngest Son to the Crown the Epirots following the Law of Nations and their own refus'd him Paus lib. 1. In the year 1649 also Amurat the Grand Seignior having left the Turkish Empire to Han the Tartarian passing by his Brother Ibrahim the whole Officers of that State did unanimously cancel that Testament and restore Ibrahim the true Heir though a silly Fool Which shews the Opinion not only of Lawyers but of whole Nations and Parliaments Thus Vander Graaff an Hollander confesses That it is not lawful to chuse any of his Sons to succeed him in which the general quiet of the Kingdom is much concerned and therefore though the next Heir were wiser braver and more generally beloved yet the more immediate must be received as chosen by God whether good or bad and as honoured with his Character And if Kings could have inverted their Succession and chosen their own Successor Saint Lewis had preferr'd his own third Son to Lewis his eldest And Alfonsus King of Leon in Spain had preferr'd his Daughters to Ferdinand his eldest Son And Edward VI. of England had preferr'd and did actually prefer the Lady Jane Gray to his Sisters Mary and Elizabeth And if Successions especially of such great importance had not been fixed by immutable Laws of God and Nature the various and unconstant inclinations of the present Governors especially when shaken by the importunity of Stepmothers and Mothers or clouded by the jealousie of Flatterers or Favourites had made the Nations whom they governed very unhappy and therefore God did very justly and wisely settle this Succession that both King and People might know That it is by him that Kings Reign and Kingdoms are secured in Peace against Faction And it were strange that this should not hold in Kings since even amongst Subjects the Honour and Nobility that is bestow'd upon a Man and his Heirs does so necessarily descend upon those Heirs that the Father or Predecessor cannot exclude the next Successor or derogate from his Right either by renouncing resigning following base or mean Trades or any other For say those Lawyers since he derives this Right from his old Progenitors and owes it not to his Father his Fathers deed should not prejudge him therein Fab. Cod. 9. Tit. 28. Def. 1. Warnee Consil 20. Num. 7. And as yet the Estates of Parliament in both Nations have no Legislative Power otherwise than by assenting to what the King does so that if the King cannot himself make a Successor neither can they by consenting and all that their consent could imply would only be that they and their Successors should not oppose his Nomination because of