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
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A97030 Mr. Wallers speech in Parliament, at a conference of both Houses in the painted chamber. 6. Iuly 1641; Speech in Parliament, at a conference of both Houses in the painted chamber. 6. July 1641. Waller, Edmund, 1606-1687. 1641 (1641) Wing W522; Thomason E198_37; ESTC R9691 5,348 19

There is 1 snippet containing the selected quad. | View lemmatised text

Mr. WALLERS SPEECH in Parliament At a conference of both Houses in the painted Chamber 6. Iuly 1641. LONDON Printed by J. N. for Abel Roper at the black spread Eagle over against Saint Dunstans Church in Fleet-street 1641. MY LORDS I Am commanded by the House of Commons to present you with these Articles against M. Iustice Crawley which 〈◊〉 your Lordships shall have beene … d to heare read I shall take leave according to custome ●o say something of what I have coll●●●ed from the sense of that House concerning the crimes therein conteined Here the charge was read conteining his extrajudi iall opinions subscribed and judgement given for Ship-money and afterward a declaration in his charge at an Assize that Ship-mony was so inhaerent a right in the Crown that it would not be in the power of a Parliament to take it away MY LORDS Not only my wants but my affections render me lesse fit for this imployment for though it has not beene my happinesse to have the Law a part of my breeding there is no man honours that profession more or has a greater reverence towards the grave Iudges the Oracles thereof Out of Parlament all our Courts of Iustice are governed or directed by them and when a Parlament is call'd if your Lordships were not assisted by them and the House of Commons by other Gentlemen of that Robe experience tells us it might runne a hazard of being styled Parlamentum indoctorum But as all professions are obnoxious to the malice of the professours and by them most easily betrayed so my Lords these Articles have told you how these brothers of the Coyfeare become fratres in malo how these sonnes of the Law have torne out the bowells of their mother But this Iudge whose charge you last heard in one expression of his excells no lesse his Fellowes then they have done the worst of their predecessours in this conspiracie against the Common-wealth Of the Iudgement for Ship-money and those extrajudiciall opinions preceding the same wherein they are joyntly concern'd you have already heard how unjust and pernitious a proceeding that was in so publique a Cause has beene sufficiently express'd to your Lordships But this man adding despaire to our misery tells us from the Bench that Ship-money was a Right so inhaerent in the Crowne that it would not be in the power of an Act of Parlament to take it away Herein my Lords he did not onely give as deepe a wound to the Common-wealth as any of the rest but dipt his dart in such a poyson that so farre as in him lay it might never receive a cure As by those abortive opinions subscribing to the subversion of our propriety before hee heard what could be said for it he prevented his owne so by this declaration of his he endevours to prevent the Iudgement of your Lordships too and to confine the power of a Parliament the onely place where this mischiefe might be redrest Sure he is more wise and learned then to beleeve himselfe in this opinion or not to know how ridiculous it would appeare to a Parliament and how dangerous to himselfe and therefore no doubt but by saying no Parliament could abolish this Iudgement his meaning was that this Iudgement had abolish't Parliaments This imposition of Ship-money springing from a pretended necessity was it not enough that it was now grown annuall but he must intayle it upon the State for ever at once making necessity in haerent to the Crowne and slavery to the Subject N●cessity which dissolving all Law is so much more prejudiciall to his Majestie then to any of us by how much the Law has invested his Royall State with a greater power and ampler fortune for so undoubted a truth it has ever beene that Kings as well as Subjects are involv'd in the confusion which necessity produces that the Heathen thought their gods also obliged by the same Pareamus necessitati quam nec homines nec dii superant This Iudge then having in his charge at the Assize declar'd the dissolution of the Law by this suppos●d necessity with what conscience could hee at the same Assize proceed to condemne and punish men unlesse perhaps hee meant the Law was still in force for our destruction and not for our preservation that it should have power to kill but none to protect us a thing no lesse horrid then if the Sunne should burne without lighting us or the earth serve only to bury and not to feed and nourish us But my Lords to demonstrate that this was a supposititious impos'd necessity and such as they could remove when they pleas'd at the last Convention in Parliament a price was set upon it for twelve Subsidies you shall reverse this Sentence It may be said that so much money would have removed the present necessity but here was a Rate set upon future necessity For twelve Subsidies you shall never suffer necessity againe you shall for ever abolish that judgement Here this mysterie is revealed this visour of necessity is pull●d off and now it appeares that this Parlament of Iudges had very frankly and bountifully presented his Majestie with twelve Subsidies to be leavied on your Lordships and the Commons Certainly there is no priviledge which more properly belongs to a Parlament then to open the purse of the Subject and yet these Iudges who are neither capable of sitting among us in the house of Commons nor with your Lordships otherwise then as your assistants have not only assum'd to themselves this priviledge of Parlament but presum'd at once to make a present to the Crowne of all that either your Lordships or the Commons of England doe or shall hereafter possesse And because this man has had the boldnesse to put the power of Parlament in ballance with the opinion of the Iudges I shall intreat your Lordships to observe by way of comparison the solemne and safe proceeding of the one with the precipitate dispatch of the other In Parlament as your Lordships know well no new Law can passe or old be abrogated till it has been thrice read with your Lordships thrice in the Commons House and then it receives the Royall Assent so that 't is like gold 7 times purified whereas these Iudges by this one resolution of theirs would perswade his Majesty that by naming necessity he might at once dissolve at least suspend the great Charter 32 times confirm'd by his Royall Progenitours the petition of Right and all other Lawes provided for the maintenance of the Right and propriety of the Subject a strange force my Lords in the sound of this word necessity that like a Charme it should silence the Lawes while we are dispoyl'd of all we have for that but a part of our goods was taken is owing to the grace and goodnesse of the King for so much as concernes these Iudges we have no more left then they perhaps may deserve to have when your Lordships shall have passed Iudgement upon them