Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	parliament_n	1,836	5	6.6012	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84082	Animadversions on a book called, A plea for non-scribers. By Ephraim Elcock.	Elcock, Ephraim.	1651 (1651)	Wing E325; Thomason E636_2; ESTC R206574	62,788	67

Democratical the Government of these Deligates is Oligarchical they being chosen out of the wealthiest of every County and both these put together make up a Pol ty as Aristotle calls it but as Plato whose termes differ from Aristottles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To prove the erection of this unlawful they much labour but that toyl of theirs might very well have been spared The people of this Land have in all ages had a supreme power over their King and Lords which was exercised by their Representatives who by old Lawes were to meet twice a year and by a latter Statute once a year though the Tyranny of wicked Kings had brought that of late into a disuse Which prescription notwithstanding cannot take away the Peoples right It s vulgarly said That no prescription lies against the Kings Exchequer much less can a prescription lie against the People who are greater then the Prince and for whose sake the Prince hath that priviledge Dicores quatuor esse in quibus sita est tota vis Majestas Reipublicae nimirum Jus Magistratuum creandorum Deliberationes omnes de Pace de Bello Legum lationes tandèmque Provocationes Donatus Janottius de Repub Venetâ pag. 59. Speed Book 5. Chap. 5. Suma imperii bellique administrandi communi concilio commissa est ●assivellau●e Nostro adventu commoti Britani hunc toti bello imperióque praefecerant Caesar Commenter l●b 5. Spe. d. lib. 7. cap. 1. S. 6. saith Junius Brutus The form of Government is that which dat esse operari as Non-scribers say and natural order and reason requires that propriae operationes propriae formae respondeant if therefore it be proved that the Representatives have ever had de jure a power to do the Acts proper to the supreme power it will follow that the supreme power was formally in them and that they were a Common-wealth having supreme Authority in themselves Let me here use the words of a learned Florentine I say saith he that there are four things in which the whole power and Majesty of every politique body is placed the power of creating Magistrates all deliberations concerning Peace and Warre making of Lawes and the last appeales If therefore the Representatives of the people have had the right to create all general Magistrates to consult of Peace and Warre to make and abrogate Lawes and the priviledge of the last appeal to be made to them they have been the supreme power That they have had these Rights I shall prove and begin first with Creation of Magistrates Julius Caesar before whose entrance into this Island the times are obscure through whose mists no Eagles eyes can pierce as the beloved Historian of Non-scribers Speed confesseth found the supreme power of electing Magistrates in a Common-Councel of the people The chief power of Rule and administring the Warre was by a Common Councel committed to Cassivellau●e And again the Brit●ains being troubled at our landing set him that is Cassivellaune over the whole Warre and Empire The Common Councel then that made Cassivellaune King and General was a Tan-Britanicum an Assembly representing all Britain And when the Romans quitted their tooting here the Britains being invaded by the Picts joyntly united their meanes and powers and with one consent elect a King to manage those affair●s which was Vortigerne whom afterwards they deposed and elected his Sonne Vortimer But I must for further satisfaction in this point refer them to the Authour of the Rights of the Kingdom who after many Examples of such Creation of Kings concludes thus We see the Law at lest the ●ustom of those times both for electing anointing judging and executing of Kings themselves among our British Ancestors Conce●ning our Saxon Ancestors saith the same Authour the Minor is very clear that they did elect or chuse their Kings from among themselves who well agrees therein with the witness of Tacitus Rights of the Kingdom p. 55. Rights of the Kingdom p. 35. Reges ex n●bilitate duces ex virtute sumunt Tacitus de moribus Germanorum Soveraign Power of Parliaments part ● p 78. Soveraign Power of Parliaments part 2. p. 41. Soveraign Power of Parliaments part 1. p. 91. who speaking of the ancient Germans of whom the Saxons were a branch saith they chose their Kings for their Nobility their Leaders for their vertue which Testimony informs us that they enobled some for their vertues and out of them chose their Kings Concerning the Normans I have spoken already To conclude with the Testimony of Mr. Prinne who tells us That our Parliament and Kingdom observe the opposition anciently have both claimed and exercised a Supreme Power over the Crown of England it self and that we may be sure what he meanes by Par●iament in another place he saith out of Fortescue Chancellor of England in Henry the sixth's time that Kings were created and elected at first by the general Votes of the people from whom alone they receive all their lawful Authority having still no other or greater lawful power then they conferred on them only for the defence of Lawes Persons Liberties Estates and the Republicks welfare which they may regulate augment or diminish for the common good as they see just cause Neither did the setting of Kings over them divest them of the supreme power it self if Mr. Prinne while a defender of Parliaments may be credited I doubt not saith he but our Parliaments Kings and all other Nations would say they never intended to erect such an absolute eternal unlimited Monarchy over them and that they ever intended to reserve the absolute original soveraign jurisdiction in themselves that if their Princes should degenerate into Tyrants they might have a remedy to preserve themselves An impregnable evidence that the whole Kingdom and Parliament representing it observe what is a Parliament the Representative of a Kingdom and then not the Lords that represent no body are the most Soveraign power and above the King because having the supreme jurisdiction in them at first they never totally transferred it to the King but reserved it in themselves I should tire my Reader should I say all that might be said concerning the Commons Creation of other Magistrates Soveraig● Power of Parliaments part 2. p. 7. Mr. Prinne brings in Sir Edward Cook affirming that the Lord Chancellor Treasurer privy Seal● Lord chief Justice Privy Councellors Heretoches Sheriffs with all Officers of the Kingdom of England and Constables of Castles were usu●lly elected by the Parliament to whom of ancient right their election belonged who being commonly stiled the Lord Chancellor Treasurer chief Justice c. of England not of the King were of right elected by the Representative body of the Realm of England to whom they were accountable for their misdemeanors Rights of the Kingdom p. 77. 78. 2. All consultations of Peace and Warre of right appertain to the Commons of England It was the great Councel saith the Authour of the Rights

irregular is not presently unlawfull Matth. 12.3 4. Davids eating the shew-bread was irregular but not unlawfull Man's Laws must all stoop in case of necessity to the divine Law of Nature and to the safety of the people Quoniam inquit Consul dum juris ordinem sequitur id agit ut c●● omnibus Legibus Romanum imperium corruat egomet privatus voluntati vestrae me Ducem offero the Supreme Law When Gracchus endeavoured to subvert the Romane State the Consul Scaevola refused to oppose him by force Scipio Nasica said because the Consul while he followes the ordinary course of Law suffers the Romane Empire with all its Laws to be in danger of perishing I a private man will be your Captain accordingly though a private man he repulsed Graechus with his complices So Scipio Africanus when the publique treasury should have been opened for the necessary use of the Common-wealth and the Quaestors because they did think it forbidden by Law refused it Valer. Max. li. 3. cap. 2. Valer. Max. li. 3. cap. 7. Scipio Isay being a private man took the keyes and opened the Treasury and made the Laws stoop to the publique benefit Nor will the irregularity of hindring Magistrates from doing unlawfull Acts be lesse defensible 1 Sam. 19.40.45 The peoples act in rescuing Jonathan from Saul will justifie it They had professed their subjection to Saul yet they hindred him from oppressing his son who had wrought deliverance in Israel The Army then might well and lawfully though extraordinarily and therefore irregularly in reference to ordinary rules hinder the Members of the House from Voting such a Peace as would have opprest not only one but all our Jonathans who had wrought deliverance for our Israel 3ly Non-scribers say that the Army affirmed the Judgement of the House of Commons incompetent and inconclusive in their constitution before they were purged Which may be thus answered That the Army affirmed the Parliament morally incompetent and inconclusive at that time because so many had sh●ffl●d themselves so far into the Kings interest as to prefer it before the Publique interest not Politically incompetent and inconclusive Soveraigne Power of Parliaments part 2. page 40. There is no reason why Non-scribers should be angry that the Army calls the House of Commons the Parliament it is such language as Mr. Prinne teaches The Parliament saith he is elective consisting for the most part of the principall men in every County City Burrough c. And again The Parliament consisting of the a blest men of all Counties Soveraigne power of Parliaments part 1. page 39. c. And in another place whatsoever the people of Rome might do either Centuriatis comitiis or Tribunitiis is and may be done by the Authority of Parliament The Lords were not elected out of Cities Counties Burroughs Cannot resemble the Romane Comitia therfore in Mr. Prinnes Judgement not so fitly to be called the Parliament These things considered Non subscribers had small reason to parallel the deposition of the King and Lords Plea c. page 21 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Med. 28. with the Act of Corah Dathan and Abiram as they do borrowing this similitude from the late Tyrant and fulfilling the prediction of the Publisher of that fine piece of Hypocrisie Vota dabunt quae Bella negârunt For 1. Moses was innocent in the administration of his Government the King and Lords betrayed the trust reposed in them In seditione enim duas omnin● partes esse necesse est quae cum de contradictoriis plerunque certen● unius justam alterius injustam causa● esse consequitur Justa inquit Bartolas quae tyrannicum regimen deponere volet inju●ta quae justum Licita quae ad bonum publi●um illicita quae ad privatum tendit Itaque ait Thomas quia regnum Tyrannicū quod non ordinatur ad bonum publicum sed privatum regentis non est justū perturbatio istius Regni non habet rationem seditionis Vindiciae contra Tyrannos Quaest 3. pag. 178 179. Appendix to Soveraign Power of Parliaments page 187. 2. The men that acted then were not the Supreme Magistrate nor so much as coordinate with Moses The house of Commons the faithful part of them I mean which are proved before to be legally a House are the Supreme Magistrates 3. The cause was ambition in Corah and the rest in the Parliament the safety of the people 4. The Action of Corah and his complices was sedition but in opposing a Tyrant the Tyrant and his complices are the seditious persons For in sedition that I may use Junius Brutus it is necessary that there be alwayes two parties who when they strive about contradictory things it must follow that the ones cause is just the others unjust That is just saith Bartolus that would depose a tyrannicall Government that is unjust which would depose a just Government That is lawfull which tends to the Publique good that unlawful which tends to a private good only Therefore saith Thomas because a tyrannical rule which is not ordered to the publick good but to the private benefit of the Ruler is not just the overthrowing of such a rule hath not the reason of sedition unto which Mr. Prinne adds out of Aquinas That it is the Tyrant rather that is seditious As for that place out of the Epistle of Jude wherein the error of some Christians is paralleld with Corah's sedition it makes nothing for Non-scribers For 1. These Christians were meer private men and the meaner sort of private men 2. The Power they would have deposed was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Aristotle understands by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Supreme Power in a Common-wealth they must therefore venter another strain of Criticisme about that word as well as they do about 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which when they understand we shall tell them that the Laws of England and the People in their Representatives the Masters and Makers of those Laws have the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. The sin by the Apostle there reproved is the putting down of all Magistracie in generall not the deposing of faulty Magistrates or changing inconvenient forms for those that are better So that all Non scribers big words are but bruta fulmina Mr. Perkins on the Epistle of Jude ver 8. yet the People of England might do well to take notice in what a miserable case their Ecclesiastick and Civill Liberties were if such men's as Non-scribers domination were not strictly limited and narrowly confined But what will Non-scriber say if I prove that the former constitution of the Government of the Nation was not deposed or dispossessed by the present power The constitution of this Nation was a multiformed Government say Non-scribers and I adde that if it was a mixture of just species it was of Royalty Optimacy and Polity properly so called The Powers that were dispossest were Tyranny of a Scarlet