Selected quad for the lemma: cause_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A93196
|
A short but full discourse of the power of parliaments and how far their intrusted power may extend. As also the great interests of the King therein, acknowledged heretofore in all ages. Sent from the army to a worthy friend in London, and writen there by a learned divine, who upon some high imployments hath been conversant late amongst them.
|
Learned divine.
|
1647
(1647)
|
Wing S3564; Thomason E399_34; ESTC R201733
|
6,201
|
9
|
A SHORT BUT FULL DISCOVRSE Of the POWER of PARLIAMENTS AND How far their intrusted power may extend AS ALSO The great Interests of the KING therein acknowledged heretofore in all Ages SENT From the ARMY to a worthy Friend in London and writen there by a learned Divine who upon some high Imployments hath been conversant late amongst them Printed in the Yeare 1647. A short discourse of the power of Parliaments written in a letter from the Army to his noble friend in London by a well-willer to Parliaments IT is not with me noble Sir as with many in these times who onely study to make a wicked thing seem good by cloathing it in a garb of the newest fashion and strive to cover a false heart with an eloquent though flattering tongue but all I shall endeavour in this discourse is to set forth truth in sincerity even in its naturall colours and not cloath it with a painted eloquence onely that it may not be known To come to purpose I must intreat your patience while I present to your view a rough drawn Map discovering the jurisdiction of the high Court of Parliament But first I shall doe my endeavour to satisfie them that hold hold the House of Lords to be only interessed so that the House of Commons may be thought to make an in-rode upon their priviledges Let those know that anima est tota in toto teta in qualibet parte and judicature is the soule of this great compacted body the times were when both Houses sate in one place and had one Speaker And since the power of judicature must be founded upon a preparatory impeachment and that must be framed by the Commons House we may justifie them not guilty of extrajudiciall proceedings The Lords are under his Majesty the chiefe but the Commons must be admitted for members and the help of those doth much advantage the preservation of the whole compound Having thus cleared this objection and shewn that the Commons House hath a power of judicature let us proceed to see how far it will extend For the better effecting of it I thinke it first necessary to give a description or definition of them which in briefe is this The House of Commons is neither more nor lesse then the Representative body of the people elected and sent up by the several Shires and Burroughes respectively and joyned with the other two estates are of capacity to make alter and abrogate lawes as occasion shall require to heare and relieve the grievances of the people and to reform what is amisse in the Common wealth In this description you may plainly see two bodies of the people the Representative and Represented which together make up the body of the Common-wealth Of the latter every free-born Englishman is a member Now for any man to imagine that the shadow is more worthy then the substance the Representative then the Represented or the House of Commons to be more valuable or considerabl then the body for whom they serve is all one as if they should affirm that an Agent or Embassadour from a Prince hath the same or more authority then the Prince himselfe which I presume no rationall man will allow I assure you that in this I goe not about to raise division between the people and their Agents for they should be linked together by common interest and mutuall respect of common preservation yet thus much I cannot forbeare to intimate that the one is but a servant of the other the Commons House to the people as being elected by them to provide for their well-fare and freedomes against all in-bred tyranny or forraigne invasion which by reason of their number they cannot doe conveniently in their owne persons without hazard both of confusion desolation Theeves and murderers taken in flagrante delicto in the very act of a heynous crime are not more hardly dealt withall for the cause is declared before they are committed Object Some may say How shall we mend our selves since we have given our selves lives and liberties properties and all into the Parliaments power Answ It is answered that this free and abandoned course of ours whereby they are intrusted with all that is deare unto us ought rather to oblige them to a tender and conscientious care of the dispensation of that power For the Soveraigne and Legislative power now used is not lent them for the ruine and destruction of our lawes and liberties but for edification and strengthening of the same in particular and the abuse and over-flowing of this power is odious to God and man as degenerating and Viper-like tearing out the bowels of them who gave them power onely to attain to some ambitious ends Object Yes but some will say the Parliament have a power above the Law and so cannot exceed or over-flow Answ I answer they have no power but what they derive from others Now no man can give that to another which himselfe hath not for it is an old and most certain Maxime That quicquid efficit tale est magis tale Now the King from whom they doe and ought to derive all the power they have if it be above the Law surely his is much more above the Law though he acknowledges the contrary even now For it is a sure Axiome that Dignitas materiati desumitur ex dignitate materiae Besides did ever any man see in this or indeed in any other Kingdome a Parliament called without the Kings Writ and peculiar command by the people or Kingdome they so much talk of And being summoned by his Writ they come to consult and give him counsell not to controll or command him Nay their power is so farre from being above Law that they have not power to make a law without the Kings consent Nay further yet without the Kings additional power they are like so many ciphers without a figure which have no value are of no force In the tenth yeare of Rich. the 2. a Parliament was called to sit at Westminster which gave the King some discontent insomuch that he went away from them but he had not been long absent when the Lords and Commons sent Commissioners to him to desire him to return For said they if your Majesty should absent your selfe 40. dayes we should be forced absque domigere regis to return to our own homes Heu quantum mutatus ab illo It is an excellent Maxime and worth observation in these lawlesse times melius sub iniquissima lege quam sub aequissimo arbitrio vivere It is better to live under a rigorous and unjust law then an arbitrary government though just the reason is because by the first he is at a certainty and knowes what to trust to the later leaves him uncertain in or to all things but onely danger The English Nation is sensible of nothing more then the breach of their liberties the violence offered to the freedome of their persons and unjust and illegall impositions upon their estates
witnesse Magna Charta 30 times confirmed by the Princes of this Island Let no man dream then that the Prince may trench boldly thereon without check for such conceit doth but aggravate the offence For whatsoever devoureth his own kind we justly account unnatural and heart-burning is easily kindled when our own fellows begin to dominiere over us Firmissimum Imperium quo obedientes gaudent that government under which the people rejoyce and live cheerfully is most safe and durable It is a sad case that a member of the body represented a freeborn subject of life conversation without just exception should contrary to the tenor of Magna Charta contrary to the Petition of Right yea and Scripture it selfe should be imprisoned without shewing cause as many have been by a Parliament professing reformation professing defence of lawes and liberties and without any urgent or apparent necessity of State enforcing it it is a riddle to me beyond any thing this monstrous and degenerate age hath brought forth Those Rulers and Rules of justice at first ordained for our comfort preservation and liberty are now perversly wrested to enslave ruine and destroy Surely when after Ages shall ponder and discusse this proceeding in cold and sober blood in a deliberate and rationall consideration they will be ashamed to own the actors for their Parents or predecessors nay it is to be feared that the stones out of the now modest walls will rise in judgment one day against the abusers of the trust committed to them much dishonour will arise to the Parliament in the breach of the known law Magna Charta which they say is but suspended not abrogated that they provide for generations and have not time to attend particular grievances This may satisfie men of a shallow capacity and small understanding or such as suck profit under their commands None but the mad would yeeld obedience to them that are regardlesse of their lawes and liberties or negligent of the means of their subsistance lively hood and safety the main ends for which they were convened and not to provide Offices for themselves Omne imperium in coâ—sensu assensis parentium fundatur all lawfull Empire or Soveraigne command hath its basis or foundation in the consent approbation good liking of the people Is any so absurd to expect good liking from those who daily see themselves abused in their persons liberties or estates nay almost ruined in all hopelâ—sse of â—edresse or remedy when no petition from few hands or many wiâ—â— bâ—e accepted without great friends in the House so that there waâ—â—s but a good occasion to be tendred for the delivery of them from that condition under which they mourn and sigh For men toucht to the quick in their liberties and means of living do naturally incline to shake off all â—onds of obedience and to cast the blame of their sufferings upon the authors as false to their trust judging them uncapable of the great weight of authority committed to them and being stung with a lively sense of their lost freedoms and means of subsisting will by some sudden attempt endevour the repairing thereof the most ill that can happen cannot reduce them to a worse condition then they are in I cannot but be very sensible that I have incurred the mis-fortune to fall under the misapprehensions of divers who cut of the premiâ—es will conclude I goe about to alienate all men from the Parliament but knowing my owne integrity that I am altogether cleane from the guilt of such a thought I passe by them as not worth the taking notice of much lesse the answering and onely make the Apollogy for my selfe as one lately did I will as neare as I can remember doe it in his own words I must confesse t is no way pleasing to mee to dispute the power either of a King or of a Parliament but had I fortunes of mine owne so farre as those would reach I would not urge propriety against my Soveraignes commands and no man ought to complaine of my grievance but my selfe and if I were content to losse that which the Subjects liberty cals meum I hope it is no prejudice to that it cals trum But when I look on the generall cause as at this time it is otherwise therfore I hold every man bound to lay particular cases aside and sacrifice his best indevours for a timely composure of these generall and unseasonable distractions and the best way I could think on is this viz. Neither for private ends on the one side to flatter the King by giving him more power then the Law hath setled in him nor for by-respects on the other side to abate the Kings due and give it to the Parliament but with Allegiance to the one and submission to the other as neer as I can give unto both their rights Having therefore spoken thus much I cannot but say something of the Kings power although as I said before it is no pleasing Subject See what King James saith Kings are not onely Gods Lieutenants upon earth and sit upon Gods Throne but by God himselfe they are called Gods If Kings be Gods Lieutenants they have their power of God and they that resist the power or Ordinance of God receive to themselves damnation Rom. 13. But you may see this better explained by King James Kings are justly called Gods for that they exercise a manner or resemblance of Divine power upon earth if you will confider the attributes of God you shall see how they agree in the person of a King God hath power to destroy or create make or unmake at his pleasure to give life or send death to judge all and to be judged or accountable to none to raise low things and to make high things low at pleasure and to God are both soule and body due The like power have Kings they make and unmake their Subjects they have power of raising and casting down of life and death Judges over all the Subjects and in all causes yet accountable to none but God only They have power to exalt low things and abase the high and make of their Subjects like men at the Chesse a Pawn to take a Bishop or a Knight and to cry up or down any of their Subjects as they do their money and to the King is due both the affections of the Soule and the service of the body of their Subjects But now in these our times we must distinguish between the state of Kings in their first original and between the state of setled Kings and Monarchs that govern in civill Kingdomes In the first originall of Kings some had their beginning by Conquest some by election of the people yet so soon as Kingdomâ—s began to be setled in civility policy then did they â—et down their mindes by Laws which are properly made by the King onely but at the request of the people the Kings Grâ—nt being obtained thereunto for of old Le Royâ—s '