Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	king_n	parliament_n	2,759	5	6.7580	4	true

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

Judges in the case of Ship-money had given it to the King sure when they denied it to him they did not intend it to themselves 1. Hee tells us In them resides the reason of the State And that the same reason and Judgement of the State which first gave this government its being and constitution therefore all the people are to be led by it and submit to it as their publique reason and Judgement I answer If by state he meane the whole Kingdome I say the reason of the two Houses divided from the King is not the reason of the Kingdome for it is not the Kings reason who is the head and chiefe in the Kingdome If by state be meant the people then it must be granted that as farre forth as they represent them their reason is to be accounted the reason of the Kingdome and doth binde so farre forth as the publique reason of the Kingdome can binde after they have restrained their reason and will to a condition of subjection so that put case it be the reason of the state yet not the same which first gave this Government its being for then it was the reason of a State yet free and to use their reason and Judgement in ordaining a Government but now the reason of a State bound by Oath to a Government and not at liberty to resolve againe Or to assume a supreme power of judging distructive to the frame of Government they have established and restrained themselves unto Their reason is ours so farre as they are an ordained representative body But I have before demonstrated that in this frame the Houses could not be ordained a legall Tribunall to passe Judgement in this last case for then the Architects by giving them that Judicature had subordinated the King to them and so had constituted no Monarchie 2. He argues the Parliament being the Court of supreme Judicature and the Kings great and highest Councell therefore that is not to be denied to it which inferiour Courts ordinarily have power to do viz To judge matters of right betweene the King and Subject Yea in the highest case of all The Kings power to tax the subject in case of danger and his being sole Judge of that danger was brought to cognizance and passed by the Judges in the Exchequor I answer 1. There is not the same reason betwixt the Parliament other courts In these ●he King is Judge the Judges being deputed by him and judging by his authority so that if any of his Rights be tried before them it is his owne Judgement and he judges himselfe and therefore it is fit he should be bound by his owne sentence But in Parliament the King and People are Judges and that not by an authority derived from him but originally invested in themselves So that when the two Estates judge without him in any case not prejudged by him it cannot be called his Judgement as that of the other Courts being done by his authority and if he be bound by any Judgment of the two Estates without him he is bound by an externall power which is not his owne that is he is subordinated to another power in the State where he is supreme which is contradictory Secondly in other Courts if any case of right be judged 'twixt him and the subject they are cases of particular Rights which diminish not Royalty if determined against him Or if they passe cases of generall right as they did in that of Ship-money it is but declaratively to shew what is by Law due to one and the other yet their Judgement is revocable and liable to a repeale by a superiour Court as that was by Parliament But if the Kings Prerogatives should be subjected to the Judgement of the two Estates the King dissenting then he should be subject to a sentence in the highest Court and so irremediable a Judicatory should be set up to determine of his highest Rights without him from which he could have no remedy Thus maine causes may bee alledged why though other Courts doe judge his Rights yet the two Estates in Parliament without him cannot and it is from no defect in their power but rather from the eminency of it that they cannot If one deputed by common consent of three doth by the power they have given them determine controversies betweene those three it is not for either of them to challenge right to judge those cases because one who is inferiour to them doth it Indeed if the power of the two Houses were a deputed power as the power of other Courts is this Argument were of good strength but they being concurrents in a supreme Court by a power originally their owne I conceive it hard to put the power of finall Judgement in all controversies 'twixt Him and them exclusively or solely into their hands If it be demanded then how this cause can be decided Sect. 3 and which way must the People turne in such a contention What be done in such a Contention I answere If the non-decision be tolerable it must remaine undecided whiles the Principle of legall decision is thus divided and by that division each suspends the others power If it be such as is destructive and necessitates a determination this must be made evident and then every Person must aide that Part which in his best Reason and Judgement stands for publike good against the destructive And the Lawes and Government which he stands for and is sworne to justifies and beares him out in it yea bindes him to it If any wonder I should justifie a power in the two Houses to resist and command aide against any Agents of destructive commands of the King and yet not allow them power of judging when those Agents or commands are destructive I answere I doe not simply deny them power of judging and declaring this but I deny them to be a legall Court ordained to judge of this case authoritatively so as to bind all People to receive and rest in their judgement for conscience of its authority and because they have Voted it 'T is the evidence not the power of their Votes must bind our Reason and Practice in this case We ought to conceive their Votes the Discoveries made by the best eyes of the Kingdome and which in likelihood should see most But when they Vote a thing against the proceedings of the Third and supreme Estate our Consciences must have evidence of Truth to guide them and not the sole authority of Votes and that for the Reason so oft alledged CHAP. VIII The contention now in being is debated and the readiest meanes of Reconcilement proposed THus have I for my owne satisfaction and the Conscience Sect. 1 of every moderate and impartiall man who will peruse the same set downe what I verily conceive to be the truth concerning those high matters first of Monarchy in generall and then of this of England and have given my determination concerning all the weighty Questions which