Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	law_n	sin_n	1,487	5	5.2539	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86917	A treatise of monarchie, containing two parts: 1. concerning monarchy in generall. 2. concerning this particular monarchy. Wherein all the maine questions occurrent in both, are stated, disputed, and determined: and in the close, the contention now in being, is moderately debated, and the readiest meanes of reconcilement proposed. Done by an earnest desirer of his countries peace.	Hunton, Philip, 1604?-1682.	1643 (1643)	Wing H3781; Thomason E103_15; ESTC R5640	60,985	86

three undertake to doe them it is invalid it is no binding Act for in this case all three have a free Negative voice and take away the priviledge of a Negative Voice so that in case of refusall the rest have power to doe it without the third then you destroy that Third and make him but a Looker on So that in every mixed Government I take it there must be a necessity of concurrence of all three Estates in the production of Acts belonging to that power which is committed in common to them Else suppose those Acts valid which are done by any major part that is any two of the three then you put it in the power of any two by a confederacy at pleasure to disanull the third or suspend all its Acts and make it a bare Cypher in Government Assert 3 Thirdly in such a composed State it the Monarch invade the power of the other two or run in any course tending to the dissolving of the constituted frame they ought to employ their power in this case to preserve the State from ruine yea that is the very end and fundamentall aime in constituting all mixed Policies not that they by crossing and jarring should hinder the publike good but that if one exorbitate the power of restraint and providing for the publike safety should be in the rest and the power is put into divers hands that one should counterpoize and keep even the other so that for such other Estates it is not onely lawfull to deny obedience and submission to illegall proceedings as private men may but it is their duty and by the foundations of the Government they are bound to prevent dissolution of the established Frame Assert 4 Fourthly the Person of the Monarch even in these mixed Formes as I said before in the limited ought to be above the reach of violence in his utmost exorbitances For when a People have sworne allegeance and invested a Person or Line with Supremacy they have made it sacred and no abuse can devest him of that power irrevocably communicated And while he hath power in a mixed Monarchy he is the Universall Soveraigne even of the other limiting States so that being above them he is de jure exempt from any penall hand Assert 5 Fifthly that one inconvenience must necessarily be in all mixed Governments which I shewed to be in limited Governments there can be no Constituted Legall Authoritative Judge of the fundamentall Controversies arising betwixt the three Estates If such doe arise it is the fatall disease of these Governments for which no salve can be prescribed For the established being of such authority would ipso facto overthrow the Frame and turne it into absolutenesse So that if one of these or two say their power is invaded and the Government assaulted by the other the Accused denying it it doth become a controversie of this question there is no legall Judge it is a case beyond the possible provision of such a Government The Accusing side must make it evident to every mans Conscience In this case which is beyond the Government the Appeale must be to the Community as if there were no Government and as by Evidence mens Consciences are convinced they are bound to give their utmost assistance For the intention of the Frame in such States justifies the exercise of any power conducing to the safety of the Universality and Government established PART II. Of this particular MONARCHY CHAP. I. Whether the Power wherewith our Kings are invested be an Absolute or Limited and Moderated Power Sect. 1 HAving thus far proceeded in generall before we can bring home this to a stating of the great controversie which now our sins Gods displeasure and evill turbulent men have raised up in our lately most flourishing but now most unhappy Kingdome Wee must first looke into the Frame and Composure of our Monarchy for till we fully are resolved of that we cannot apply the former generall Truths nor on them ground the Resolution of this ruining contention Concerning the Essentiall Composure of this Government that it is Monarchicall is by none to be questioned but the enquiry must be about the Frame of it And so there are seven great questions to be prosecuted Quest 1. stated First whether it be a Limited Monarchy or Absolute Here the question is not concerning Power in the Exercise but the Root and being of it for none will deny but that the way of Government used and to be used in this Realme is a designed way Onely some speake as if this Definement were an act of Grace from the Monarchs themselves being pleased at the suit and for the good of the People to let their power run into act through such a course and current of Law whereas if they at any time shall thinke fit on great causes to vary from that way and use the full extent of their power none ought to contradict or refuse to obey Neither is it the question Whether they sin against God if they abuse their power and run out into acts of injury at pleasure and violate those Lawes which they have by Publike Faith and Oath promised to observe for none will deny this to be true even in the most absolute Monarch in the world But the point controverted is punctually this Whether the Authority which is inherent in our Kings be boundlesse and absolute or limited and determined so that the acts which they doe or command to be done without that compasse and bounds be not onely sinfull in themselves but invalid and non-authoritative to others Now for the determining hereof I conceive and am in Sect. 2 my Judgement perswaded Assert that the Soveraignty of our Kings is radically and fundamentally limited and not onely in the Use and Exercise of it And am perswaded so on these grounds and Reasons First Because the Kings Majesty himselfe who best Reas 1 knowes by his Councell the nature of his own power sayes that a Declar from Newmarket Mart. 9. 1641 the Law is the measure of his power which is as full a concession of the thing as words can expresse If it be the measure of it then his power is limited by it for the measure is the limits and bounds of the thing limited And in his Answer to both the Houses concerning the Militia speaking of the men named to him sayes If more power shall be thought fit to be granted to them then by Law is in the Crowne it selfe His Maiesty holds it reasonable that the same be by some Law first vested in him with power to transferre it to the these persons c. In which passage it is granted that the Powers of the Crown are by Law and that the King hath no more then are vested in him by Law Reas 2 Secondly because it is in the very Constitution of it mixed as I shall afterwards make it appeare then it is radically limited for as I shewed before every mixed Monarchy is limited

evident that a Court is the seat and subject of Authority and power and not barely of counsell and advice Object 2 Secondly the two Houses together with the King are the supreme Court of the Kingdome but taken divisely from the King it is no Court and consequently hath no power Sol. Suppose them no entire Court divided from the King yet they are two Estates of the three which make up the supreme Court so that they have a power and authority though not complete and sufficing to perfect an Act without the concourse of the third For it appeares by the Acts of that Court that every of the three Estates hath a Legislative power in it every Act being enacted by the Kings most excellent Majesty and by the Authority of the Lords and Commons assembled in Parliament Sect. 3 Thirdly they have an authority but in subordination to Object 3 the King and derived from him as his Parliament Indeed this is a maine Question and hath very weighty Arguments on both sides Whether the authority of the two Houses be derived from the King viz. Whether the authority of both the Houses be a subordinate authority and derived from the King as its originall Three Reasons seeme strong for the affirmative First because it is his Parliament so called and acknowledged If his Court then the power whereby they are a Court is his power derived from him as the power of other Courts is Secondly because he hath the power of calling and dissolving it Thirdly because he is acknowledged in the Oaths of Allegeance and Supremacy to be the Head and of supreme authority in the Kingdome and all subject to him And whereas some make answere that he is Singulis major but Vniversis minor Treatise entitituled A fuller Answer to Dr. Ferne. so the Answerer to Doctor Ferne I wonder that the Proposition of the Observator that the King is Vniversis minor should be so much exploded Every member scorsi●● is a subject but all collection in their houses are not And hee sayes simply the Houses are co-ordinate to the King nor subordinate that the Lords stile Comites or Peeres implies in Parliament a co-ordinative society with his Majesty in the Government I conceive this Answerer to avoid one extreme falls on another for this is a very overthrow of all Monarchy and to reduce all Government to Democracy For looke where the apex potestatis is there is the Government Also it is against Common Reason For the King is he not King of the Kingdome and what is the Kingdome but all united all the particulars knit together in one body politick so that if he be King of the Kingdome he is Vniversis major too for the King is major and the Kingdome is the united universe of the People Thus those expressions are some of them false some though secundum quid true yet spoken simply and in that manner are scandalous and incompatible to Monarchy Thus you see what may be said on the one side to prove the King to be the originall of all power even of that which is in the Houses of Parliament assembled On the other side are as weighty Arguments to prove the contrary viz. That the two Houses authority is not dependent nor derived from the Royall power First the authority of the Houses being Legislative is the supreme and so cannot bee derived Three concurrent Powers producing one supreme act as con-con-cause joint causes of the same highest effect cannot have a subordination among themselves in respect of that casualty it not being imaginable how a power can cause the supreme effect and yet be a subordinate and derived power Secondly the end of constituting these two Estates being the limiting and preventing the excesses of the third their power must not be totally dependent and derived from the third for then it were unsuitable for the end for which it was ordained For to limit an Agent by a power subordinate and depending on himself is all one as to leave him at large without any limitation at all Thirdly that which hath beene spoken of a mixed Monarchy doth fully prove that the two other powers which concurre with the Monarch to constitute the mixture must not be altogether subordinate to it and derived from it I must professe these Reasons to prevaile with me that I cannot conceive how the authority of the two Houses can in the whole being of it be a dependent and derived power That we may find out the truth amidst this potent contradiction Sect. 4 of both sides Resolution of the Question recourse must be had to the Architecture of this Government whereof I must declare my self to be so great an Admirer that what ever more then humane wisedom had the contriving of it whether done at once or by degrees found out and perfected I conceive it unparalleld for exactnesse of true policy in the whole world such a care for the Soveraignty of the Monarch such a provision for the liberty of the People and that one may bee justly allayed and yet consist without impeachment of the other that I wonder how our Forefathers in those rude unpolished times could attain such an accurate composure First then suppose a people either compelled to it by conquest or agreeing to it by free consent Nobles and Commons set over themselves by publike compact one Soveraigne and resigne up themselves to him and his heires to be governed by such and such Fundamentall Lawes there 's a supremacy of power set up though limited to one course of exercise Secondly then because in all Governments after cases will come it requiring an addition of Lawes suppose them covenanting with their Soveraigne that if cause be to constitute any other Lawes hee shall not by his sole power doe that worke but they reserve at first or afterwards it is granted them which is all one a hand of concurrence therein that they will be bound by no Lawes but what they joyne with him in the making of Thirdly because though the Nobles may personally convene yet the Commons being so many cannot well come together by themselves to the doing of such a worke it be also agreed that every Corporation of the Commons shall have power to depute one or more to be for the whole in this publike legislative businesse that so the Nobles by themselves the Commons by their Deputies assembling there may be representatively the whole body having Commission to execute that reserved authority for establishing new Lawes Fourthly because the occasion and need of making new Lawes and authentick expounding the old would not be constant and perpetuall and it would carry an appearance of a Government in which were three Heads and chiefe Powers they did not stablish these Estates to be constantly existent but occasionally as the causes for which they were ordained should emerge and happen to be Fifthly because a Monarchy was intended and therefore a Supremacy of power as farre as possible must be