Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	court_n	criminal_a	1,645	5	10.8192	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50375	An epitomy of English history wherein arbitrary government is display'd to the life, in the illegal transactions of the late times under the tyrannick usurpation of Oliver Cromwell; being a paralell to the four years reign of the late King James, whose government was popery, slavery, and arbitrary power, but now happily delivered by the instrumental means of King William & Queen Mary. Illustrated with copper plates. By Tho. May Esq; a late Member of Parliament.; Arbitrary government displayed to the life.	May, Thomas, ca. 1645-1718.	1690 (1690)	Wing M1416E; ESTC R202900	143,325	210

by his Writ to confer with him as his Parliament Arduis negot●is or about urgent Affairs was Resolued 1 Hen. 4. Rot. Parl. n. 14.14 Hen. 4. Cook 4 th Institut p. 46. c. For it is not natural to suppose and impossible That the Lords and Commons should be a Parliament and make Acts and Laws without the King as for a Body to move and Act without an Head and therefore had there been any such thing intended to have been Enacted it was void because impossible for the Kings Royal assent could not be had after his Death and there is no Clause in the Act that obliges his Successor to Consent which clearly shews they never had any such intention at the making of this Act. And therefore on the death of the King all Commissions both of the Judges and others cease and all Proceedings determined tho the King is said to sit in the Court of the Kings-Bench in his politick Capacity which indeed never dyes so as to cause an Interregnum but other wayes as to the Continuance of Commissions Writs c. which must be renewed Consider also that if these men after the Death of the King could be a Parliament they must be so either by the Common Law and Custom of Parliaments which is clearly against them or by this Statute which as little Countenances them for they would then be another thing distinct from the Parliament which was summoned in the Kings Life for the Country had no Power to elect their Representatives but by the King 's Writ and therefore could receive no more Power from them than the Tenour of the Kings Writ granted which determining with the Kings Life their Representative-Power was also determined and by Consequence they could be no longer a Parliament If it could be thought they could be yet so by that Act then it follows That a Parliament by their Act might create another Parliament to exist after themselves were dissolved which is most absur'd and alters the Root and Foundation of all the Liberties of the Subject for they become no longer their Representatives but a Parliament by their own Act and it will never be thought that the people intended to entrust them with their Authority to change the Government and deprive them of their Fundamental Priviledges The Parliament cannot De jure do any thing against natural Equity quia jura naturae sunt immutabilia And also by the judgement of a Parliament this could not be being against the Law and Custom of Parliament for Ro. Parl. 42. E. 3. no 7. it is declared by the Lords and Commons in full Parliament upon demand made of them in the behalf of the King That they could not assent to any thing in Parliament that tended to the Disherision of the King and his Crown to which they were Sworn Now this Act of the 17 th of Caroli Primi is expresly against the Kings Successors Prerogative to call his own Parliament and therefore they could not make such an Act to the Disherision of his King and Crown A Parliament may be three ways Dissolved by the Declaration of the Kings pleasure or for want of entring their Continuances or by the Kings death whereby the Kings Writ which gives them their Authority is determined These words That this Parliament shall not be Dissolved unless by Act of Parliament is a general Negative which cannot extend to all Causes of Dissolution but have a respect only to that most usually hapning the Pleasure of the King till the pretended Grievances of the time were satisfied Now in all Times the judges have excepted particular Cases out of the general Negative or Affirmative Words of Statutes By the Star of Magna Charta C. 11. 'T is enacted That Common pleas shall not follow or be sued in the Kings-Bench which is a general Negative yet it is holden to be clear in Law That the King is not within these general Words and may sue in his Bench or any other Court at his Pleasure The Statute of Winchester is a general Statute That the Hundred c. shall make Satisfaction for all Robberies and Fellonies within the Hundred yet it is Resolved That the Hundreds shall make no Satisfaction for the Robberies of an House because the House was the owners Castle and he might have defended himself and preserved his Goods Besides this Clause in the said Act That all and every thing done or to be done for the Proroguing or Dissolving of this present Parliament contrary to this present Act shall be utterly voyd and of none Effect By which it appears That the cause of Dissolution which they intended to prevent was something that should consist in Action by the words Thing or Things done or to be done which words can only be applicable to an Actual dissolution by the Kings pleasure And the King's death is not a thing done but a Cessation of his personal being and of the Dependants thereupon And is not an Action but a Termination or Period So that it is most Clear these men could no longer by any the least Colour of Law or Reason pretend to sit and Act as a Parliament But alas What are Arguments to them who had usurp'd the Throne and Power of their Soveraign and had the vain and idle Hopes to keep it And to the strengthening themselves with all the Arbitrary and Tyrannical ways imaginable they proceed First they issue out their spurious Act before mentioned against proclaiming the King tho by the Law of the Land instantly upon the King's decease the imperial Crown of the Kingdom of England was by his inherent Birthright and by an undoubted Succession and Descent Actually vested in our now Soveraign eldest Son to the murthered King and next Heir of the Blood to his Royal Father and that before any Ceremony of Coronation as by Stat. of 1. Jacobi Ch. 1. And that all Peers of the Realm Majors Sheriffs and other chief Officers in all the Cities and Corporations of England are oblig'd by their places and Allegiance to proclaim him under pain of High Treason and forfeiting their City and Corporation Charters And notwithstanding the Junto's Prohibition there were several Proclamations printed and scatter'd about the City which proclaimed and asserted the Right of the Prince as next Heir to the Crown and by Birthright to be the lawful King of Great Britain c. Dated the 1 st of February Then also in like manner was privately scatter'd about another Paper in which were four Propositions briefly declaring That the House of Commons had no Power of themselves alone and without the Concurrance of the King and House of Lords to make any Act of Parliament Ordinance or to impose any Tax Oath Forfeiture or Capital Punishment on any Secondly That the few Members now sitting were no Court of Justice in themselves and could Erect no such Court for the Tryal of any person nor had Power to hear and determine any Civil or Criminal Causes and that