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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	king_n	parliament_n	3,554	5	6.8839	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84011	The survey of policy: or, A free vindication of the Commonwealth of England, against Salmasius, and other royallists. By Peter English, a friend to freedom.	English, Peter, a friend to freedom.; Pierson, David.	1654 (1654)	Wing E3078; Thomason E727_17; ESTC R201882	198,157	213

Charta and de Foresta subject the King to Law And because that Henry 3. did not stand to the maintenance thereof after he had given his Oath at a Parliament at Oxford to maintain them inviolable therefore the People took up Arms against him till after many debates between them they caused him often to promise that they should be inviolably observed as well by him as by all other Thus they tied not only him but also his heirs to govern according to the ancient Laws of the Kingdom And because Edward 2. did act against these Laws following the counsel of Peter Gaveston and the two Spensers therefore he was imprisoned and dethroned after several conslicts between him and the People 'T is remarkable that the People refused to crown him till firstly he did put P. Gaveston from him And likewise Edward 5. was deposed after he had reigned two moneths and eleven dayes and was obscurely buried in the Tower of London Where then I pray you is the absoluteness of the King of England Inst 6. Under Edward 4. saith Salmasius it was enacted That the King might erect a publick Judgment-seat by his Letters patent in any part of the kingdom he would Under Henry 7. it was enacted and declared That the King had a full power in all Causes in administring Justice to every one In the first year of Edward 6. a Statute was made declaring all authority both Spiritual and Temporal to be derived from the King Def. Reg. cap. 9. Answ I must needs say This hath more colour of probation then any thing the man as yet hath objected But not withstanding this he will do well to observe this distinction 1. What is given to the King by way of complement and Court-expression 2. What is giving to him in reality and by way of action The truth is in the first notion there is as much ascribed to the King of England as if he had been indeed an absolute Prince On him you have these Court-Epithets The King of the Parliament The sovereign Lord of the Parliament Yea and the Parliament is called The Parliament of the King He is called The Original both of Spirituall and Temporal power having full power over all causes and persons and to crect Judicatories in any part of the kingdom where he pleaseth This is spoken But what then Examine the matter aright and you will find it but spoken What cannot Court-Parasites and flattering Councellors passe a fair compellation upon their Prince 'T is the least thing they can do to bring themselves in credit with him Read the Parliamentary Acts of Scotland and you will find just as much spoken if not more of the King of Scotland In Parl. 18. Jam. 6. Act. 1. 2. James 6. is called Sovereign Monarch absolute Prince Judge and Governour over all Estates Persons and Ca●ses And yet who dare say but the King of Scotland according to the Law of the kingdom is a regulated and non-absolute Prince But according to the second notion let us examine the strength of these Epithets And so in the first place we fall a-discussing particularly these three Sanctions of which Salmasius speaketh The first faith That the King by his Letters patent may erect Court-Judicatories in any part of the Kingdom where he pleaseth This will never conclude that the King of England hath an absolute power This Act only speaketh of his power of calling inferiour Judicatories What is that to the purpose The King of England had power to call and dissolve the Parliament the highest Judicatory of the Land Yea Henry 1. did ordain and constitute the Parliament Yet notwithstanding that as is shewed already the King of England cannot be called absolute The King of Scotland hath power of giving-out Letters of Caption Parl. Jam. 2. chap. 12. Courts of Regalities are justified by the King's Justice chap. 26. And the Parliament petitioned the King to cause execute the Act anent the Establishment of Sessions for executing Justice chap. 65. The power of the Colledge of Justice is ratified and approved by the King Jam. 5. Parl. Edinb Mar. 17.1532 But who will therefore call the King of Scotland an absolute King The second Sanction giveth the King full power over all persons and all causes But I pray you doth this give the King power over the Parliament and Laws No verily It only giveth the King power over all persons and estates separatim but not conjunctim as conveened in parliament Which cometh just to that which Aristotle faith alledging that the King hath power over all seorsim but not conjunctim Polit. 3. cap. 11. And he is said to have a full power not because his power is absolute and boundlesse Verily it must not be taken in a simple and absolute notion but in a relative and comparative sense It doth not imply the exemption and immunity of the King from Civill and Politick subjection to Law But at the most it pleadeth for exemption to him from forraine power and subjection to forrain laws This is evident by comparing this sanction under Henry 7. with stat 18. Rich. 2. ch 5. Where it is declared that the Crown of England is free without subjection to any other Crown but is onely subject immediatly to GOD in every thing which relateth to the managing of it's Affairs The like is spoken Henry 8. Par. 24. So we find the like fulnesse of power pleaded-for to the King of Scotland ITEM It is thought expedient that since our Soveraign Lord hath full jurisdiction and free empire within his Realm that his Highnesse may make Notares and in time to-come that no Notare made nor to be made by the Emperour's authority have faith in Contracts Civill unlesse he beapproved by the King's highnesse Jam. 3. parl ch 38. This exemption is pleaded for to the King of Scots from subjection to the Imperiall Lawes But who I pray you for this will conclude the King of Scots to be an absolute Prince having immunity and freedome from all Lawes whether muncipall and Country-Lawes or sorensick and forrain And as for the third sanction the words whereof be these Omnem authoritatem spiritualem temporalem derivari a Rege you shall be pleased concerning it to observe this distinction There be two termes in the act it-self one concerning temporall and another concerning spirituall power We begin at temporall power The King may be called the originall of it two wayes 1. Formally i.e. as if all temporall power were therefore authoritative and juridicall because of the Kingly power it being only in it-self effentially authoritative and commanding This we deny to be the sense of the sanction in respect of temporall power It is not onely repugnant to Magnacharta the ancient Lawes of the Kingdom the nature of Parliaments appointed and ordained in Henry 1. his time to the oaths and promises of Rufus Henry 1. their successoursto act and govern according to Law but also to the ordinary practices of the

king's power is the creature of the Parliament depending from it as the effect from the cause But sure I am cause est nobilior suo effectu And consequently if the king hath an absolute power by vertue of the Parliament then must the Parliament's power be more absolute for prepter quod unumquodque est tale illud ipsum est magis tale And nemo dat qnod non habet Inst 7. Bractonus saith Salmasius doth averre that the King hath power over all that is in his kingdome And that those things which concern peace and power do only belong to the Royal dignity Every one saith he is under the King and he is inferiour to none but to GOD as reason requireth In power be ought to be above all his subjects for he ought to have none like him nor above him in the Kingdom De Angl. Monar lib 4. cap. 24 fect 1. lib. 1. cap. 8 sect 8 lib. 2. de Reg. In Rich. 2. stat 18. cap. 5. it is said Corona Anglie libera fuit omnt tempore non habet terrenam subjectionem sed immediate subdita est DEO in omnibus rebus nulli alteri Act. 24 Parl. Henr. 8. Regnum Angliae est Imperium ita ab orbe fuit acceptum Act. Parl. 24 Hen. 8. Quod hoc tuae gratiae regnum nullum superiorem sub DEO sed solum tuam gratlam agnoscat Euit est liberum a subjectione quarumcunque legum bumanarum Cap. 9. Ans We stand not to glosse Bracton's words He lived in Henry 3. his dayes And finding the King and States at variance about superiority as a Court-parafit he wrote in behalf of the King as Royallists do now-a-dayes He did just so as they do now Bracton had that same occasion of writing in behalf of the King which Salmasius hath to-day As the late King was at variance with the people of England for claiming absolute power over them so the controversie stood just so in Bracton's time between Henry 3. and the people But I pray you was it not as free to Bracton to flatter Henry as for salmasius to flatter Charles Leaving this man to himself I hasten to examinet he strength of these Acts which Salmasius citeth And in a word they do not plead so much for the absolutenesse of the king as of the kingdom They do not speak de Rege Angliae of the king of England but de corona or Regno Angliae of the Crown or kingdom of England Howsoever none of them doth speak for immunity and exemption to the king of England from municipall but from forraign Laws And therefore they declare the Crown of England to be a free Crown and subject to no other Crown and the kingdom of England to be a free kingdom subject to the Laws of no other kingdom I confesse they declare the king to be above the kingdom and inferiour to none but to GOD. Which is true indeed taking the kingdom in esse divisivo but not in esse conjunctivo Indeed the King is above all in the kingdom sigillatim one by one And in this respect he is inferiour to none but to GOD though taking the kingdom in a collective body he be inferiour thereto Inst 8. In the first year of James his reign in England the Parliament acknowledgeth him to have an undoubted title to the Crown by blood-right And therefore they did swear alleageance both to him and his posterity Whereupon Camdenus saith that the King of England hath supreme power and meer empire De Brit. lib. And Edvardus Cokius saith That according to the ancient Laws of the Kingdom the Kingdom of England is an absolute Kingdom Wherein both the Clergy-men and Laicks are subjected immediatly under GOD to their own King and head Cap. 9. Ans As for that concerning James we make no reckoning of it He was declared the righteous and undoubted heir of the kingdom through the defection and back-sliding of the times What other Kings of England hinted at before that he did execute Because he became King of Great Britain and entered the kingdom of England upon blood relation therefore slattering Malignant and Antichristian Counsellours did declare his title to the kingdom of England to be of undoubted hereditary right I pray you friend were there not Malignants then as well as now I may say there were moe then then now at least they had greater authority then what Malignants have now a-dayes And tell me do not Malignants at this day make use of the King 's pretended greatnes and hereditary right to the Crown of Britain for cloaking their knavery and effectuating their malignant purposes Do not you imagine but Papists and Malignants in England had that same reason for them to make use of K. Jame's power What I pray you is the over-word of Papists and Malignants in Britain to-day The King say they is the undoubted heir of the kingdom and absolute in power Who then should rise against him This is even the most they have to cloak their knavery and to cast a lustre upon their Antichristian and malignant endeavours Do you imagine that the devill was sleeping in K. James time No verily And there hath nothing been done these twelve or thirteen years by-gone whether against State or Church but what was moulded then The very plat-form of all was cast in his dayes By the Scotish Parliament his power was declared absolute And by the English Parliament his right to the Crown of Englana was declared undoubted and hereditary They stood not to swear obedience to him and his posterity into all ages And how far on he drew the power of Episcopacy and how much he acted for intruding the Masse Book upon the Kingdom of Scotland is more then known Many wits and many Pens in his dayes were imployed for carrying-on and effectuating malignant antichristian designments Sal. is a child to object from the practice of the English Parliament in K. James time He may as well object for evincing his purpose from the practice of the Parliament holden at Oxford by Charles And if he doth either of them he doth nothing but beggeth the question He telleth us that the Parliament of England K. James an 1. declared and enacted his right to the Kingdom of England to be undoubted hereditary Well I can tell him that William the Conquerour the Normane-Lawgiver doth denie to the King of England any such title or claim to the Crown Diaaema regale saith he quod nullus autecessorum meorum gessit adeptus sum quod divina solummodo gratia non jus contulit haeriditarium Nemincm Anglici regni constituo haeredem sed aeterno conditori cujus sum in cujus manu sunt omnia illud commendo non enim tantum decus baeriditario jure possedi sed diro insiictu multa effusione sanguinis humani perjuro Regi Haraldo abstuli interfectis belfugatis fautoribus ejus dominatui meo subegi Camd. Brit. chorogr deser

Estates who in maintenance of their Liberties and the ancient Laws of the Kingdom did rise in armes against their Kings and caused them nilled they willed they to subject their necks to the yokes of Law Amongst other of their practices this is very remarkable that albeit they had saluted Ludovick as their King and put him in the room of John yet notwithstanding in the end they declined him and in his stead crowned Henry 3. John's son This speaketh much of the States power above the King 2. Virtually It cannot be denied but in this notion all temporall power dependeth from the King And that two wayes effectively and vindicatively Effectively because the King of England had not onely power of conveening dissolving the Parliament of ordaining inferior Judicatories but also by him the Parliament of England was firstly instituted and ordained Vindicatively because it was his part to patronize and execute the acts of Parliament at least as the main and prime man of maintaining and defending them The like power the Kings of Scotlana had also as is clear from their Acts of Parliament But as for the spirituall power of the King of England I stand not much to confesse that he had a formall and Ecclefiastick power in Church-matters and that what power the Church so called had was derived from him It cannot be denied but before the conquest there were Ecclesiasticall Laws made by many Kings of England as Inas Alfred Edward the elder Gythrum Ethelstane Edmund Edgar Aetheldred Canutus and others In the interim this Gentleman shall do well to observe that the King of England had not alwayes this power It cannot be denied but Lanfrancus Anselmus and Berket going to complain on their Kings and Governours firstly brought the Pope's judiciall authority from Rome into England both over King and people Which supremacy of the Pope over the Church of England untill in and about Henry 8. his dayes who did shake-off the Pope's yoke did continue And so Edward 6. succeeding to him to me it is more then probable that by the scresaid sanction made in his time the ancient power of the Kings of England in Church-matters was taken out of the Pope's hands and put upon the King And it cannot be denied but according to Edward the Confessour's Lawes the King of England had a primary formall and Ecclesiastick power in Church-matters I stand not to grant that But what though I should say that according to this statute made in Edward 6. his time the King of England had a primary and originall power and that formally both in respect of spirituall and temporall jurisdiction yet will it onely conclude an absolutenesse of the King according to Law but not against it It no wayes denudeth the people of a fountain-power to desend themselves against the unjust decrees and actings of the King The Roman dictatour had an absolute power in judging and yet it was lawfull for the people to repeal his acts in their own just defence Many times have the People of England defended themselves from their King and stood by their own liberties notwithstanding the King 's acting against them What I pray you is it for me to say that the King of England by this act is called the originall both of spirituall and temporall power under a formall notion Is he not called also the King and Sovereign Ford of the Parliament Is not the Parliament called his Parliament Is not every thing ordinarily acted and emitted under his name Is it not ordinarily said It is ordained by the King With the eonsent or at the desire of the three Estates It is very seldome said It is ordained by the King and Parliament But I pray you what be these but Court-complements They are words and nothing but words Go conser them with the practice of the Parliament and you shall finde the one just contrary to the other No wonder forsooth because the King getteth more honour then he hath power Trie this and you will find it an ordinary practice Aye which is more cannot a corrupt Parliament through the defection of the times give the King more then what is due to him either by the Law of GOD or by the law of the Nation Know we not that Parl. 18. K. Jam. 6. through the backsliding of the times did advance him to greater priviledges then the King of Scotland by the Law of the Kingdome had or can be warranted by the Law of GOD Indeed I will not say so of Henry 8. for it is known that in his young years he did put the managing of the Kingdom into the hands of the Princes as did others of his predecessors before him And as for Edward 6. I must needs say his times were better then any times of his predecessors But it appeareth to me that as both Henry and he have encroached very far upon the liberties of the Church so called so did they encroach too far upon the liberties of the State But leaving Henry of whose power I find not so much spoken as of Edward I must tell you one thing concerning Edward and it is this Those who write of him and namely Foxe do crie him up beyond all the Kings of England for piety wisdom and learning And Foxe runneth so far out in his commendation that he esteemeth him inferiour to no King though worthy to be preferred to many Whereupon he feareth not to match him with Josiah and put the qualifications of both in one ballance Which maketh me imagine that the foresaid act emitted in Parliament under Edward's reign did passe in his behalfe because of his personall endowments The like act upon that same ground though in respect of him it was meerly pretended without any reality in his person did passe Parl. 18. upon K. Iam. 6. Thus the case is extraordinary We den●e not but because of personall endowments Kings may be and have been advanced to greatest power What will this conclude an ordinary president thereof and a standing law therefore No verily There is no consequence from extraordinaties to ordinaties The standing ancient lawes both of England and Scotland are against absolute Princes Of scotland and of England we have spoken already at length Verily the example of Edward 1. though there were no more may serve to clear o●r purpose He to repair what was done amisse by his father Henry 3. who was at variance with the people touching the liberties of Magna charta and de foresta did much gratifie the people restoring them to great liberty and abrogating all lawes which did make for the bondage and slavery of the people Howsoever the matter be five sic five non these sanctions above-cited by Salmasius do conclude the Parliament to have power above the King The reason is because if we look precisely on these acts what power the King hath is from them They not onely declare but also they enact and ratifie his power to be such such And so the