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	power_n	supreme_a	1,645	5	8.3158	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

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

though not on the contrary for the necessary connexion of other power to it is one of the greatest limitations A subordination of Causes doth not ever prove the supreme Cause of limited virtue a co-ordination doth alwayes Reas 3 Thirdly I prove it from the ancient ordinary and received denominations for the Kings Majesty is called out Liege that is Legall Soveraigne and we his Liege that is his Legall Subjects what doe these names argue but that his Soveraignty and our subjection is legall that is restrained by Law Reas 4 Fourthly had we no other proofe yet that of Prescription were sufficient In all ages beyond record the Lawes and Customes of the Kingdome have been the Rule of Government Liberties have been stood upon and Grants thereof with limitations of Royall power made and acknowledged by Magna Charta and other publike and solemne acts and no Obedience acknowledged to be due but that which is according to Law nor claimed but under some pretext and title of Law Reas 5 Fifthly the very Being of our Common and Statute Lawes and our Kings acknowledging themselves bound to governe by them doth prove and prescribe them Limited for those Lawes are not of their sole composing nor were they established by their sole Authority but by the concurrence of the other two Estates so that to be confined to that which is not meerly their owne is to be in a limited condition Pleaders for defensive armes Sect. 2. 4. Some there be which have lately written on this subject who take another way to prove our Government limited by Law viz. by denying all absolute Government to be lawfull affirming that Absolute Monarchy is not at all Gods Ordinance and so no lawfull power secured from resistance What is their ground for this God allowes no man to rule as he list nor puts mens lives in the pleasure of the Monarch It is a power arbitrary and injurious But I desire those Authors to consider that in absolute Monarchy there is not a resignation of men to any Will or list but to the reasonable Will of the Monarch which having the Law of reason to direct it is kept from injurious acts But see for defence of this Government Part 1. cap. 2. Having set downe those Reasons on which my Judgement Sect. 3 is setled on this side I will consider the maine Reasons wherby some have endeavoured to prove this Government to be of an absolute nature and will shew their invalidity Many Divines perhaps inconsiderately perhaps wittingly for self ends have beene of late yeares strong Pleaders for Absolutenesse of Monarchicall Power in this Land and pressed Obedience on the Consciences of People in the utmost extremity which can be due in the most absolute Monarchy in the world but I seldome or never heard or read them make any difference of Powers but usually bring their proofes from those Scriptures where subjection is commanded to the higher Powers and all resistence of them forbidden and from Examples taken out of the manner of the government of Israel and Judah as if any were so impious to contradict those truths and they were not as well obeyed in Limited Government as in Absolute or as if Examples taken out of one Government do alwayes hold in another unlesse their aime were to deny all distinction of Governments and to hold all absolute who have any where the supreme power conveyed to them Among these I wonder most at that late discourse of Dr. Ferne who in my Judgement avoucheth things inconsistent and evidently contradictory one to the other For in his Preface he acknowledges our Obedience to be limited and circumscribed by the Lawes of the Land and accordingly to be yeelded or denied to the higher Power and that he is as much against an absolute Power in the King and to raise him to an arbitrary way of Government as against resistence on the Subjests part also that his power is limited by Law Sect. 5. Yet on the other side he affirmes That the King holds his Crown by conquest that it is descended to him by three Conquests Sect. 2. that we even our Senate of Parliament hath not so much plea for resistence as the ancient Romane Senate had under the Romane Emperours whose power we know was absolute Sect 2. that in Monarchy the judgement of many is reduced ro one that Monarchy settles the chief power and finall Judgment in one Sect. 5 what is this but to confesse him limited and yet to maintain him absolute Arguments on the contrary dissolved But let us come to the Arguments First say they our Kings came to their right by Conquest yea saies the Dr. by three Conquests He meanes the Saxons Danes and Normans as appears afterwards Therefore their right is absolute Here that they may advance themselves they care not though it be on the ruine of publique liberty by bringing a whole Nation into the condition of conquered slaves But to the Argument 1. Suppose the Antecedent true the Consequution is not alwaies true for as is evident before in the first Part. All Conquest doth not put the Conqueror into an absolute right He may come to a right by Conquest but not sole Conquest but a partiall occasioning a Right by finall Agreement and then the right is specificated by that fundamentall agreement Also he may by sword prosecute a claime of another nature and in his war intend only an acquiring of that claimed right and after conquest rest in that Yea farther he may win a Kingdome meerly by the Sword and enter on it by right of Conquest yet considering that right of conquest hath too much of force in it to be safe and permanent he may thinke conquest the best meane of getting a Kingdome but not of holding and in wisdome for himselfe and posterity gaine the affections of the people by deserting that Title and taking a new by Politique agreement or descend from that right by fundamentall grants of liberties to the people and limitations to his own power but these things I said in effect before in the first part only here I have recalled them to shew what a non sequitur there is in the Argument But that which I chiefly intend is to shew the infirmity or falsehood of the Antecedent it is an Assertion most untrue in it selfe and pernitious to the State Our Princes professe no other way of comming to the Crown but by right of succession to rule free subjects in a legall Monarchy All the little shew of proofe these Assertors have is from the root of succession So William commonly called the Conquerour For that of the Saxons was an expulsion not a Conquest for as our Histories record They comming into the Kingdome drove out the Britaines and by degrees planted themselves under their Commanders and no doubt continued the freedome they had in Germany unles we should thinke that by conquering they lost their own Liberties to the Kings for whom they conquered and