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A52855 Plato redivivus, or, A dialogue concerning government wherein, by observations drawn from other kingdoms and states both ancient and modern, an endeavour is used to discover the present politick distemper of our own, with the causes and remedies ... Neville, Henry, 1620-1694. 1681 (1681) Wing N515; ESTC R14592 114,821 478

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publisht by Mr. Petit of the Temple and Mr. Attwood of grays-Inne being Gentlemen whom I do mention honoris causa and really they deserve to be honor'd that they will spare some time from the Mechanical part of their Callings which is to assist Clients with Counsel and to plead their Causes and which I acknowledg likewise to be honourable to study the true Interest of their Country and to show how ancient the Rights of the People in England are and that in a time when neither Profit nor Countenance can be hop'd for from so ingenious an undertaking But I beg pardon for the deviation Of the three branches of Soveraign Power which Politicians mention which are Enacting Laws Levying of Taxes and making War and Peace the two first of them are indisputably in the Parliament and when I say Parliament I ever intend with the King The last has been usually exercis'd by the Prince if he can do it with his own Money yet ' because even in that Case it may be ruinous to the Kingdom by exposing it to an Invasion many have affirmed that such a Power cannot be by the true and ancient free Government of England supposed to be Intrusted in the hands of one man And therefore we see in divers Kings Reigns the Parliament has been Consulted and their advice taken in those matters that have either concerned War or Leagues And that if it has been omitted Addresses have been made to the king by Parliaments either to make war or peace according to what they thought profitable to the publick So that I will not determine whether that power which draws such consequences after it be by the genuine sence of our Laws in the Prince or no although I know of no Statute or written Record which makes it otherwise That which is undoubtedly the Kings Right or prerogative is to Call and Dissolve Parliaments to preside in them to approve of all Acts made by them and to put in Execution as Supream or Soveraign Magistrate in the Intervals of Parliaments and during their Sitting all Laws made by them as also the Common Law for which Cause he has the nomination of all Inferiour Officers and Ministers under him excepting such as by Law or Charter are eligible otherwise and the Power of the Sword to force Obedience to the Judgements given both in Criminal and Civil Causes Doct. Sir You have made us a very absolute Prince what have we left us if the King have all this Power what do our Liberties or Rights signifie whenever he pleases Eng. Gent. This Objection Doctor makes good what I said before that your skill did not terminate in the body natural but extend to the Politick for a more pertinent Interrogatory could never have been made by Plato or Aristotle In answer to which you may please to understand That when these Constitutions were first made our Ancestors were a plain-hearted well-meaning People without Court-reserves or tricks who having made choice of this sort of Government and having Power enough in their hands to make it take place did not foresee or imagine that any thoughts of Invading their Rights could enter into the Princes Head nor do I read that it ever did till the Norman Line came to Reign which coming in by Treaty it was obvious there was no Conquest made upon any but Harold in whose stead William the First came and would claim no more after his Victory than what Harold enjoy'd excepting that he might confiscate as he did those great men who took part with the wrong Title and French-men were put into their Estates which though it made in this Kingdom a mixture between Normans and Saxons yet produced no Change or Innovation in the Government the Norman Peers ●●ing as tenacious of their Liberties and as active in the recovery of them to the full as the Saxon Families were Soon after the death of William and possibly in his time there began some Invasions upon the Rights of the Kingdom 〈…〉 gat Grievances and afterwards 〈…〉 plants and Discontents which grew to that height that the Peers were fain to use their Power that is Arm their Vassals to defend the Government whilest the Princes of that Age first King Iohn and then Henry the Third got Force together The Barons call'd in Lewis the Dauphin whilst the King would have given away the Kingdom to the Sarazens as he did to the Pope and armed their own Creatures so that a bloody War ensued for almost forty years off and on as may be read in our History The success was that the Barons or Peers obtained in the close two Charters or Laws for the ascertaining their Rights by which neither their Lives Liberties or Estates could ever be in danger any more from any Arbitrary Power in the Prince and so the good Government of England which was before this time like the Law of Nature onely written in the hearts of Men came to be exprest in Parchment and remain a Record in Writing though these Charters gave us no more than what was our own before After these Charters were made there could not chuse but happen some encroachment upon them but so long as the Peers kept their greatness there was no breaches but what were immediately made up in Parliament which when-ever they assembled did in the first place confirm the Charters and made very often Interpretations upon them for the benefit of the People witness the Statute de Tallagio non concedendo and many others But to come nearer the giving the Doctor an answer you may please to understand that not long after the framing of these forementioned Charters there did arise a Grievance not foreseen or provided for by them and it was such an one that had beaten down the Government at once if it had not been Redressed in an Orderly way This was the Intermission of Parliaments which could not be called but by the Prince and he not doing of it they ceast to be Assembled for some years if this had not been speedily remedied the Barons must have put on their Armour again for who can Imagine that such brisk Assertors of their Rights could have acquiesced in an Omission that ruin'd the Foundation of the Government which consisting of King Lords and Commons and having at that time Marched near Five hundred years upon three Leggs must then have gone on hopping upon one which could it have gone forward as was impossible whilest Property continued where it was yet would have rid but a little way Nor can it be wonder'd at that our great Men made no provision against this Grievance in their Charters because it was impossible for them to imagine that their Prince who had so good a share in this Government should go about to destroy it and to take that burden upon himself which by our Constitution was undeniably to be divided between him and his Subjects And therefore divers of the great Men of those times speaking with that
of desiring more Prayers and Addressing himself to our Senate to Mediate with the Pope that a week might be set apart for a Jubilee and Fasting three days all over the Christian World to storm Heaven with Masses Prayers Fasting and Almes to prosper his Designs he began to open the Matter That the Cause of all the Wickedness and Sin and by Consequence of all the Miseries and Affliction which is in the World arising from the enmity which is between God and the Devil by which means God was often cross'd in his Intentions of good to Mankind here and hereafter the Devil by his temptations making us uncapable of the Mercy and Favour of our Creator therefore he had a Design with the helps before mentioned to mediate with Almighty God That he would pardon the Devil and receive him into his Favour again after so long a time of Banishment and Imprisonment and not to take all his power from him but to leave him so much as might do good to Man and not hurt which he doubted not but he would imploy that way after such reconciliation was made which his Faith would not let him question You may judge what the numerous Auditory thought of this I can only tell you that he had a different fort of Company at his return from what he had when he came for the Men left him to the Boys who with great Hoops instead of Acclamations brought him to the Gondola which conveyed him to the Redentor where he lodged And I never had the curiosity to enquire what became of him after Doct. I thank you heartily for this Intermess I see you have learnt something in England for I assure you we have been these twenty Years turning this and all serious Discourses into Ridicule but yet your Similitude is very pat for in every Parliament that has been in England these sixty Years we have had notable Contests between the Seed of the Serpent and the Seed of the Woman Eng. Gent. Well Sir we have had a Michael here in our Age who has driven out Lucifer and restored the true Deity to his Power but where Omnipotency is wanting which differs the Frier's Case and mine the Devil of Civil War and Confusion may get up again if he be not laid by prudence and Vertue and better Conjurers than any we have yet at Court Noble Ven. Well Gentlemen I hope you have pardoned me for my Farce But to be a little more serious pray tell me how you will induce the King to give up so much of his Right as may serve your turn Would you have the Parliament make War with him again Eng. Gent. There cannot nor ought to be any Change but by his Majesty's free Consent for besides that a War is to be abhorred by all Men that love their Country any Contest of that kind in this case viz. to take away the least part of the Kings Right could be justified by no man living I say besides that a Civil War has miscarried in our days which was founded at least pretendedly upon Defence of the People's own Rights In which although they had as clear a Victory in the end as ever any Contest upon Earth had yet could they never reap the least advantage in the World by it but went from one Tyranny to another from Barebones Parliament to Cromwell's Reign from that to a Committee of Safety leaving those Grave Men who managed Affairs at the beginning amazed to see new Men and new Principles Governing England And this induced them to Co-operate to bring things back just where they were before the War Therefore this Remedy will be either none or worse than the Disease It not being now as it was in the Barons time when the Lord who led out his Men could bring them back again when he pleased and Rule them in the mean time being his Vassals But now there is no Man of so much Credit but that one who behaves himself bravely in the War shall out-vye him and possibly be able to do what he pleases with the Army and the Government And in this corrupt Age it is ten to one he will rather do Hurt than Good with the Power he acquires But because you ask me how we would perswade the King to this I answer by the Parliament's humbly Remonstrating to His Majesty that it is his own Interest Preservation Quiet and true Greatness to put an end to the Distractions of his Subjects and that it cannot be done any other way and to desire him to enter into debate with some Men Authorized by them to see if there can be any other means than what they shall offer to compose things if they find there may then to embrace it otherwise to insist upon their own Proposals and if in the end they cannot obtain those Requests which they think the only essential means to preserve their Country then to beg their Dismission that they may not stay and be partakers in the Ruin of it Now my Reasons why the King will please to grant this after the thorough discussing of it are two First Because all great Princes have ever made up Matters with their Subjects upon such Contests without coming to Extremities The two greatest and most Valiant of our Princes were Edward the First and his Grandchild Edward the Third these had very great Demands made them by Parliaments and granted them all as you may see upon the Statute-Book Edward the Second and Richard the Second on the contrary refused all things till they were brought to Extremity There is a Memorable Example in the Greek Story of Theopompus King of Sparta whose Subjects finding the Government in disorder for want of some Persons that might be a Check upon the great Power of the King proposed to him the Creation of the Ephores Officers who made that City so great and Famous afterwards The King finding by their Reasons which were unanswerable as I think ours now are that the whole Government of Sparta was near its Ruin without such a Cure and considering that he had more to lose in that Disorder than others freely granted their desires for which being derided by his Wife who asked him what a kind of Monarchy he would leave to his Son answered a very good one because it will be a very lasting one Which brings on my Second Reason for which I believe the King will grant these things because he cannot any way mend himself nor his Condition if he do not Noble Ven. You have very fully convinced me of two things First That we have no reason to expect or believe that the Parliament will ever increase the Kings Power And then that the King cannot by any way found himself a New and more absolute Monarchy except he can alter the Condition of Property which I think we may take for granted to be impossible But yet I know not why we may not suppose that although he cannot establish to all Posterity such an
and a Recruit of an equal number come in And in three Years they shall be all new and no Person to come into that Council or any other of the four till he have kept out of any of them full three Years being as long as he was in And this I learnt from your Quarantia's at Venice and the Use is excellent for being in such a Circulation and sure to have their intervals of Power they will neither grow so insolent as to brave their King nor will the Prince have any occasion to corrupt them although he had the means to do it which in this new Model he cannot have These Men in their several Councils should have no other instructions but to dispose of all things and act in their several Charges for the Interest and Glory of England and shall be Answerable to Parliament from time to time for any malicious or advised Misdemeanor only that Council which manages the Publick Revenue shall besides a very copious and Honourable Revenue which shall be left to His Majesty's disposal for his own Entertainment as belongs to the Splendor and Majesty of the Government have Instructions to serve His Majesty if he pleases to command them and not otherwise in the regulating and ordering his Oeconomy and Houshold and if they shall see it necessary for extraordinary Occasions of treating Foreign Princes and Ambassadors or Presenting them and the like Ostentation of Greatness to consent with His Majesty moderately to charge the Revenue to that end I verily believe that this Expedient is much more effectual than either the Iustitia of Aragon was or the Ephores of Sparta Who being to check the King almost in every thing without having any share in his Councils or understanding them could not chuse but make a sullen posture of Affairs whereas these both seem and really are the King's Ministers only obliged by Parliament to act faithfully and honestly to which even without that all other Councellors are bound by Oath As for the other Council now called the Privy Council the King may still please to continue to nominate them at his pleasure so they act nothing in any of the Matters properly within the Jurisdiction of these four Councils but meddle with the Affairs of Merchants Plantations Charters and other Matters to which the Regal Power extendeth And provided that His Majesty call none of the Persons employed in these other four Councils during their being so nor that this Council do any way intermeddle with any Affairs Criminal or Civil which are to be decided by Law and do belong to the Jurisdictions of other Courts or Magistrates they being no established Judicatory or Congregation which either our Government or Laws do take notice of as was said before but Persons congregated by the King as his Friends and faithful Subjects to give him their Opinion in the Execution of his Regal Office As for Example the King does exercise at this time a Negative Voice as to Bills presented to him by the Parliament which he claims by Right no Man ever said that the Privy Council had a Negative Voice yet former Kings did not only as their Advice as to the passing or not passing of such Bills but often decided the Matter by their Votes which although it be a high Presumption in them when they venture to give him Council contrary to what is given him by his greatest Council yet never any of them have been questioned for it being looked upon as private Men who speak according to the best of their Cunning and such as have no publick Capacity at all But if this be not so and that this Council have some Foundation in Law and some publick Capacity I wish in this new Settlement it may be made otherwise and that His Majesty please to take their Counsel in private but summon no Persons to appear before them much less give them Authority to send for in Custody or Imprison any Subject which may as well be done by the Judges and Magistrates who if Secrecy be required may as well be Sworn to Secrecy as these Gentlemen and I believe can keep Counsel as well and give it too Nob. Ven. But would you have none to manage State-Affairs none Imprisoned for secret Conspiracies and kept till they can be fully discovered you have made an Act here lately about Imprisonments that every Person shall have his Habeas Corpus I think you call it so that no Man for what occasion soever can lie in Prison above a Night but the Cause must be revealed though there be great cause for the concealing it Eng. Gent. This Act you mention and a great many more which we have to the same purpose that is against Illegal Imprisonments shews that for a long time the Power over Men's Persons has been exercised under His Majesty by such as were very likely rather to employ it ill than well that is would rather Imprison ten Men for Honourable Actions such as standing for the People's Rights in Parliament refusing to pay Illegal Taxes and the like than one for projecting and inventing Illegal Monopolies or any other kind of oppressing the People This made first Magna Charta then the Petition of Right and divers other Acts besides this last take that Power quite away and make the Law and the Judges the only Disposers of the Liberties of our Persons And it may be when the Parliament shall see the Fruit of this Alteration we are now discoursing of and that State-Affairs are in better hands they may think fit to provide that a Return or Warrant of Imprisonment from one of these Four Councils which I suppose will have a Power of Commitment given them as to Persons appearing Delinquents before them wherein it shall be expressed That if the Publick is like to suffer or be defrauded if the Matter be immediately divulged I say in this Case the Parliament may please to make it Lawful for the Judge to delay the Bailing of him for some small time because it is not to be judged that these Councellours so chosen and so instructed and to continue so small a time will use this Power ill especially being accountable for any abusing of it to the next Parliament And I suppose the Parliament amongst other Provisions in this behalf will require that there shall be a Register kept of all the Votes of these several Councils with the names as well of those who consented as of such who dissented And as to the former part of your Question whether I would have none to manage State Affairs I think there are very few State Affair that do not concern either Peace and War and Treaties abroad the management of the Arms Militia and posse Comitatus at home the management of all the Publick Moneys and the Election of all Officers whatsoever the other parts of State Affairs which are Making and Repealing of Laws punishing high Crimes against the State with Levying and Proportioning all manner of