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	parliament_n	power_n	1,452	5	5.0027	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91355	Severall poysonous and sedicious papers of Mr. David Jenkins ansvvered. By H.P. barrester of Lincolnes Inne.	Parker, Henry, 1604-1652.; Jenkins, David, 1582-1663. Vindication of Judge Jenkins prisoner in the Tower, the 29. of Aprill, 1647.; Jenkins, David, 1582-1663. Cordiall of Judge Jenkins, for the good people of London.	1647 (1647)	Wing P422; Thomason E393_8; ESTC R201592	17,775	23

in all Causes then no Member of the Parliament nor the whole Parliament can suppose him or themselves superiour to the King but none can sit in Parliament c. Ergo ● I● no Act of Parliament binde the Subject without the Kings 〈◊〉 then there is no virtuall power in the Parliament without the Kings assent but no Act binds c. Ergo Out of these premises which this grave Gentleman judges to be ●rrefragable he concludes that the Parliament denies the King to be Supreame Governor nay to be any Governor at all in as 〈◊〉 as there is no point of government He sayes but th● Parliament for some yeers past have taken to themselves using the Kings name onely to abuse and deceive the people He saies further the Parliament pretends against the King because that he ha● left the great Counsell and yet the King desires to come to his great Counsell but cannot because he is by them kept 〈◊〉 at Holmby 〈…〉 he saies the Houses are guilty of pe●jur●as well as of the 〈◊〉 the people and rebelling against the King in as much as at the same time they swear him to be onely 〈◊〉 Governor and declare him to be in no condition to govern How easily these things may be answered and refuted let the world see 〈…〉 cannot be denyed but the Parliament sits by the Kings Writ nay if Statute Law be greater then th●● Kings Writ it cannot be denyed but the Parliament 〈◊〉 or ough● to 〈◊〉 by something greater then then the Kings 〈◊〉 And if it be confessed that the Parliament sits by the Kings Writ but does not Act by the Kings Writ then it must follow that the Parliament is a void vain Court and sits to no purpose nay it must also follow that the Parliament is of lesse Authority and of lesse use then any other inferiour Court Forasmuch as it is not in the Kings power to controul other Courts or to prevent them from sitting or Acting 2. This is a grosse non sequitu● the Kings power is in himself Ergo it is not derived to nor does reside virtually in the Parliament For the light of the Sun remains imbodied and unexhausted in the Globe of the Sun at the same time as it is diffused and displayed through all the body of the air and who sees not that the King without emptying himself gives Commissions daily of Oier and Terminer to others which yet he himself can neither frustrate nor el●de But for my part I conceive it is a great errour to infer that the Parliament has onely the Kings power because it has the Kings power in it for it seems to me that the Parliament does 〈◊〉 sit and act by concurrent power devo●ved both from the King and Kingdom And this in some things is more obvious and apparent then in others For by what power does the Parliament grant Subsedies to the King if onely by the power which the King gives then the King may take Subsedies without any grant from the Parliament and if it be so by a power which the people give to the Parliament then it will follow that the Parliament has a power given both by King and Kingdom 3. The sending Propositions to the King and des●ring his concurrence is scarce worth an Answer for Subjects may humbly petition for that which is their strict right and property Nay it may sometimes beseem a superior to prefer a suit to an inferior for matters in themselves due God himself has not utterly disdained to beseech his own miserable impious unworthy creatures besides 't is not our Tenet that the King has no power because he has not all power nor that the King cannot at all promote our happinesse because he has no just claim to procure our ruine 4. We affirm not that the Kings power is separated from his person so as the two Spensers affirmed neither do we frame conclusions out of that separation as the two Spensers did either that the King may be removed or misdemenors or reformed per aspertee or that the Subject is bound to govern in aid of him we onely say that his power is distinguishable from his person and when he himself makes a distinction betwixt them commanding one thing by his Legall Writes Courts and Officers and commanding another thing extra●udicially by word of mouth letters or Ministers we are to obey his Power rather then his Person 5. We take not from the King all power of pardoning Delinquents we onely say it is not proper to him quarto modo For if the King pardon him which has murdered my son his pardon shall not ●ut me off from my appeal and 't is more unreasonable that the Kings pardon should make a whole State which has suffered remedilesse then any private man So if the King should deny indemnity to those which in the fury of war have done things unjustifiable by the Laws of Peace and thereby keep the wounds of the State from being bound up 't is equiable that an Act of Indemnity should be made forcible another way And if this will not hold yet this is no good consequence the King is absolute in point of pardons therefore he is absolute in all things else and the Parliament has no power to discharge Delinquenties therefore it has no power in other matters 6 The Parliament has declared the King to be in no condition to govern but this must nor be interpreted rigidly and without a distinction for if the King with his sword drawn in his hand and pursuing the Parliament and their adherents as Rebels be not fit for all Acts of Government 〈◊〉 not hereby insinuated that he is 〈◊〉 o● the habit or righ● of governing 〈…〉 be unq●●●ified now 〈◊〉 is not 〈◊〉 for the future If he may not do things destructive to the Parliament he is not 〈◊〉 from returning to the Parliament or doing 〈◊〉 to the Parliament This is a frivelous civill and sub●erfuge 7 We swear that the King is our supreame Governor over all Persons and in all causes but we do not swear that he is above all Law nor above the 〈◊〉 of his people which is the end of the Law and indeed Paramou●t to the Law it self I● he be above all Law or lyable to no rest●aint of ou● Law then we are 〈…〉 the French or the T●●ks a●d if he be above the pri●e end of Law common safety then we are not so 〈…〉 the French or the Turks For if the totall subversion of the French or the Turk were attempted they might by Gods law imprinted in the book of nature justifie a self-defence but we must remedilesly perish when the King pleases to command our throats Besides how acheived the King of England such a Supremacy above all Law and the community it self for whose behoof Law was made If Gods donation be pleaded which is not speciall to him or different from what other Kings may pretend too then to what purpose serve our Laws nay to

his Reports in Calvins case fol. 11 saith thus In the Reign of Edw 2. he Sponcers the Father a●d Son 〈…〉 hatch●d in their h●arts invented this damnable and 〈◊〉 ●pinion that homage a● doath of ligeance was more by reas●● 〈◊〉 Kings Cr●wn that is of his polit●ck capacity then by reason of ●h● pers●n of 〈◊〉 King upon whi●h ●pinion they inferred ●hree execrable and 〈…〉 1. I● the King do not demean himself by reason in the right of his Cro●n his 〈◊〉 are bound by Oath to remove th● King 2 Seeing that the King could not be r●formed 〈◊〉 of 〈◊〉 that ought to be done per aspertee that is by f●rce 3. That his lieges be bound to govern in aid of him and in 〈…〉 All whi●h were condemned by two Parliaments one in the Reign of Ed● 2. call●d ●xilium Hugonis le Spencer and the other in Anno 1 Edw 3. cap 2. And that the naturall body and politick makes one indivisible body and that these two bodies incorporate in one person make one body and not divers is resolved as the Law of England 4. E●iz Plowdon Com fol 213. by Si● R●bert Ca●lin Lord Chief Justice of England 〈…〉 Lord Chief Jus●ice of the Common P●ease the Lord Sa●ders Lord Chief baron of the Exchequer and by the rest o● the Ju●ges viz. 〈…〉 Justice 〈◊〉 Justice Corbet Justice Weston baron 〈…〉 and 〈◊〉 Sergeants 〈…〉 General● 〈◊〉 Atturey of the Turchy 〈◊〉 the learned it man of that age in the kn●w●●dg● of the Law and Cu●●omes of the Re●lm 8. The Law in all 〈◊〉 without any 〈◊〉 is and 〈◊〉 been 2 H. ● Ma●na Cha●ta That no Act of Parliament 〈◊〉 the Subj●cts of the L●rd without the assent of the King So in every age till this day and in every Kings time as appears by the Acts in print 1 part of the Instit Sect. 234. in fine where many of the Law-Books are cited either for Person Lands goods or fame No man can shew any fillable letter or line to the contrary in the books of the Law or printed Acts of Parliament in any age in this Land If the vertuall Power be in the Houses there needs no assent of the Kings The stiles of the Acts printed from 9 H. 3. to 1 H. 7. were either The King ordains at this Parliament c. or the King ordaineth by the advice of his Prelates and Barrons and at the humble Petition of the Commons c. In Hen. 7. his time the Stile altered and hath sithence continued thus It is ordained by the Kings Majestie and the Lords Spirituall and Temporall and Commons in this present Parliament assembled So that alwayes the Assent of the King giveth the life to all 7 H. 7. 14. 12 of H. 7. 20 as the soul to the body and therefore our Law Books call the King the Fountain of Justice and the life of the Law 9. Mercy as well as Justice belongs by the Law of the Land onely to the King 2 H. 4. ca. 22. 4 pars instit 42. This is confessed by Mr. Prin● and it is so without any question The King can onely pardon and never more ●ause to have sufficient pardons then in such troublesome times as these Mr. Prinn in his Treatise of the great Seal fol. 17. 27 H. 8. c. 24. and God send us pardons and peace None can give any pardon but the King by the Law of the Land The whole and sole power of pardoning Treasons and Felonies belongs to the King are the words of the Law and it is a delusion to take it from any other and utterly invalid 27 H. 8. ca. 24. 10. Queen Elizabeth summoned her first Parliament to be held the 23. of Janna in the first yeer of her Majesties Reign The Lords and Commons assembled by force of the same Writ the 23. day the Queen fell sick and could not appear in her person in Parliament that day and therefore prorogued it untill the 25. of the same moneth of Januarie 3 Eliz. Dier 203. Resolved by all the Judges of England that the Parliament began not the day of the return of the Writ viz the 23. of January when the Lords and Commons appeared but the 25. of the said moneth when the King came in person which sheweth evidently that this vertuall presence is a meer deluding fiction that hath no ground in Law reason or sense They have the King now a Prisoner at Holdenby with guards upon him and yet they govern by the vertuall Power of their Prisoner These are some few of the causes and reasons which moved me to deliver that paper to Mr. Corbet which I am readie to ●●stifie with my life and should hold it a great honour to 〈…〉 the honourable an● holy Laws of the Land That 〈…〉 save this Land fro●●●●truction is an Act of Oblivion 〈…〉 Majesties gracious ●●●●all pardon the Soul●iers their 〈◊〉 and every man his 〈◊〉 and Truth and Peace established in 〈◊〉 ●●nd and a favourable regard had to the satisfaction of 〈◊〉 Consciences April 29. 1647. David Jenkins An ANSWER to the Poysonous Seditious Paper of Mr. David Jenkins MR. David Jenkins in his Paper of the 29. of April last lay●● most odious charges upon the Parliament and consequently upon all that have adhered to the Parliament in this Warre and les● these his desperate infusions should not work powerfully enough upon the vulgar he being an ancient practiser in the Law and promoted to the title of a Judge he cites Book cases aga●nst the two Houses and seems forward to lay down his life in the cause His 1. Argument runs thus The Parliament not having the Kings Writ Patent or Commission cannot do so much as examine any man But the Parliament has not the Kings Writ c. Ergo his minor is confirmed thus If the Kings power remain solely in himself and be not vertually present in the two Houses then they cannot pretend his Writ Pattent or Commission But the Kings power is in himself and not vertually in the two H●uses ergo that the Parliament has no vertuall power he proves thu● 1. If the Parliament had in them the Kings vertuall Power they needed not desire the Kings ratification they needed not send any Propositions to him but now they send Propositions ergo this vertuall power is but a meer fiction ● To affi●m that the Kings power is separable from his person is by the Law adjudged high Treason but in the Parliament 〈◊〉 the Kings Power is vertually in them then they separate it 〈◊〉 his person Ergo. 3. If none can pardon Felony or Treason except the King ●one has the virtua●l power of the King but none can pardon except the King Ergo 4. If the King be in no condition to govern then he is in no condition to derive virtuall power but c. 5. If none can sit in Parliament but he must first swear that the 〈…〉 the onely Supreame Governor over all Persons

Great Seale of England not by word of mouth letters or ministers onely their Seale is obeyed their own Writs their own Iudges their owne Courts their own Officers and not the Kings The time will come when such strange actions and discourses will be lamented A. D. 5. The Gentl. goes on Stanfor Pleas. 99. 27. H. 8. c. 24. Dier 163. Wee take not from the King all power of pardoning Delinquents we only say it is not proper to him quarto modo c. What doe you meane by quarto modo I am sure Omnis Rex Angliae solus Rex semper Rex can doe it and none else read the bookes of the Law to this purpose collected by that Reverend and learned Iudge Stanford from all antiquity to his time who dyed in the last yeare of King Philip and Queene Maries Reigne you shall find this a truth undenyable and this power was never questioned in any age in any book by any untill this time that every thing is put to the question You Gentlemen who professe the Law and maintaine the party against the King return at length and bring not so much scandall upon the Law which preserves all by publishing such incredible things We hold only what the Law holds 1 Pars. Instit p. 44. Plowd 3. Eliz. 236 237. the Kings Prerogative and the Subjects Liberty are determined and bounded and measured by the written Law what they are we do not hold the King to have any more power neither doth His Majesty claime any other but what the Law gives him the two Houses by the Law of this Land have no colour of power either to make Delinquents or pardon Delinquents the King contradicting and the Army under Sir Thomas Fairfax howbeit but Souldiers do now understand that to be Law and doe now evidently see and assuredly know that it is not an Ordinance of the two Houses but an act of Parliament made by the King Lords and Commons that will secure them and let this Army remember their executed fellow Souldiers And the Law was alwayes so taken by all men untill these troubles that have begot Monsters of Opinions A. D. 6. The Gentl. sayes The Parliament hath declared the King to be in no condition to Governe c. There is no end of your distinctions I and you profess the Law shew me Law for your distinctions or letter syllable or line in any age in the Bookes of the Law that the King may in one time be in no condition to govern and yet have the habit of governing and another time he may viz. when the two Houses will suffer him the Law saith thus Vbi lex non distinguit non est distinguendum Hee sayes The King is not barred from returning to His Parliament as he calls the two Houses he knowes the contray the whole City knowes the contrary No● juris consulti sumus sacerdotes as Justinian the Emperour hath it in the first Book of his Institutions and therefore knowledge and truth should come from our lips Worthy and ingenious men will remember and reflect upon that passage of that good and wise man Seneca Non quaitur sed qua eundum follow not the rayes of the Lawyers of the House of Commons God forgive them I am sure the King will if they be wise and seeke it in time A D. 7. The Gentl. sayes We sweare that the King is our supreame Governor over all persons and in all causes c. Why hath he left out the word only for the oath the Members now take is that KING Charles is now the only and supreme Governour in all causes 5 Eliz. c. 1. Cawdreys case 5 pars fol. 1. over all persons and yet they keep their only Supreme Governour now in prison and act now in Parliament by vertue of their Prisoners Writ and by a concurrent power in this Parliament and by their own strict right and property as the Gentl. affirmes in his answer these things agree well with their Oath This Oath is allowed by the Common Law of the Land that the King is the only Supreme Governour in all causes over all persons this Oath is taken now in the Parliament time by all the Members of the House of Commons and is required by the Law to bee taken in all Parliaments otherwise they have no power nor colour to meddle with the publike affaires This Oath being taken in Parliament that the King is the only and Supreme Governour in all causes then it followes in Parliament causes ever all persons then over the two Houses let them keep this Oath and we shall bee sure of peace in the Land and good Lawyers ought to desire peace both for the publike good and their private and not dishonour that Noble profession as many doe in this miserable time The Gent. sayes We do not sweare that the King is above all Law nor above the safety of his people neither doe we so sweare but His Majesty and we will sweare the contrary and have sworne and have made good and will by Gods grace make good our Oath to the world that the King is not above the Law nor above the safety of his people the Law and the safety of his people are his safety his honour and his strength A D. 8. The Gentl. concludes That Acts of Parliament are not formally binding nor compleat without the Kings assent yet the Houses have a virtuall power without the Kings particular assent to doe things in order to publike Justice and safety viz. In setting up the Excise in raising and maintaining of Armies in taxing the people at pleawith fifth and twentieth part fifty Subsidies Sequestrations Lo●nes Compositions imprisoning the King abolishing the Common-Prayer-Book selling the Churches Lands c. all these are in order to publike Iustice and safety Mr. H. P. you are of my profession I beseech you for the good of your Country for the Honour of our Science perswade your selfe and others as much as in you lyes to believe and follow the monition and Councell of that memorable reverend and profoundly Learned in the Lawes and Customs of the Land the Lord Coke who writes as becomes a great and a learned Iudge of the Law a person much magnified by the two Houses in these words Peruse over all Bookes 3 Pars Inst p. 36. Records and Histories and you shall finde a Principle in Law a Rule in Reason and a tryall in Experience that Treason doth ever perduce fatall and finall destruction to the offender and never attaines to the desired end two incidents inseperable thereunto and therefore let all men abandon it as the poysonous bait of the devill and follow the Precept in holy Scripture SERVE GOD HONOVR THE KING AND HAVE NO COMPANY WITH THE SEDITIOVS CONCLUSION I Say againe that without an Act of Oblivion a Gracious generall pardon from his Majesty the Arreares of the Souldiers payd a favourable regard had to tender Consciences there will bee neither Truth nor Peace in this Land nor any man secure of any thing he hath The End