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cause_n court_n say_a writ_n 1,469 5 10.2245 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A86990 Englands diurnall, or Passages of state, executed by (and against) the knowne law of the land. VVith certain queries, wherefore, and by what law, so many things have been done contrary to the known law of the land. I. H. 1643 (1643) Wing H45A; Thomason E91_35; ESTC R12433 4,319 8

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destroyed Was it for the Liberty of the Subject that the City of Westchester was surprized and made a receptackle for Papists and an Inne to entertain Rebels out of Ireland who no doubt if they be not prevented will easily be perswaded to asist the adverse party in the pursuance of those Designes which they have now on foot the promoting of which conduceth so much to the furtherance of their detested Rebellion in Ireland Now if these things have been done by the knowne Lawes of the Land or for the Liberty of the Subject Let all men that are not either wilfull or ignorant judge But now on the contrary part let us examine what hath been done by the known Lawes and for the maintenance and prefervation of the Liberty of the Subject and then we shall easily be resolved in that grand Case of Conscience whether we have most reason to stand for the King and Parliament or for the King against the parliament 1. For the Militia the thing that they make the grand occasion of these differences As touching his Maiesties power over the Militia it is manifest that his Majesties Lievetenantship was void at the coming together of this Parliament and beeing void it must necessarily follow that if the coming together of the Parliament made his Majesties Lievetenantship void that they then have at the least a negative voice in the disposall thereof for without doubt had non his Majesty found that the safety of the Kingdome consisted in the calling of this Parliament the Parliament had never beene called and if they were called to consult and to order those things which did conduce most to the safety of the Kingdome and could not be done without them then consequently the Militia in the ordering and disposing of which consists the onely safety of the Kingdome must necessarily rest at their dispose Object But it is objected that though the Parliament have this power in the disposall yet they are not to make use of that power without his Majesties Assent Ans T is true his Majesties assent ought to be thereunto but if his Majestie dissenting shall neglect that charge committed to him shall the Parliament therefore make that their president and suffer the Kingdome to lye open to forraigne Invasion and Domesticke Innovasion because his Majesty did not consent to the passing of a Bill for the future establishment of the Militia for the security of the Kingdome therefore the Parliament must not by an Ordinance according to the knowne Law provide for the present disposall thereof to the end that the Kingdome may be put into a posture of defence and be inabled to defend it selfe against all those that envie the peace of this Kingdome though by the known Law of the Land they were called for that purpose The second objection is that the Parliament cannot rayse an Army without his Majesties assent thereunto when on the contrary I will prove that by the known Law of the Land the Parliament hath raysed this Army and that by the same known Law they have power to impose contributions on the Subject to maintain the present warre against those that labour to invade the Religion and Lawes of the Kingdome It is manifest that every Court of the Kingdome established by the Lawes of the Land and the Authority of Parliament hath a power by writs to command before them all such persons as shall be for any lawfull cause complained of and indited in the said Court and if the persons so commanded or served with such Writs shall deny to obey their Writs by vertue of the said Warrant the respective Officers haue power to call to their aid and assistance all such persons as they shall thinke convenient to the end that the said Persons so refusing and resisting may be made to answer the Law in all and every particular which shall be objected against them Now there is no Court of Justice in this Kingdom but hath had its first originall constitution from the Parliaments of England and it would seeme very preposterus that inferior Courts should have a power imposed upon them by the authority of the Law and the Judgement of Parliament and the Parliament it selfe which is the superior Court from whom all other Courts had their beginings should be denied that power by writ to command Delinquents before them and in case the Persons commanded shall not onely refuse but shal be protected to raise sufficient strength to fetch all such persons so refusing or protected and it would likewise seeme a very preposterous thing that the Law should give them power to raise an Army for this end and deny them meanes to maintaine the Army so raysed neither is the raysing of the said Army or the imposing of contributions upon the Subject for the maintenance of the said Army any way destructive to the Liberty of the Subject since what is imposed is but a reasonable contribution for the maintenance of that Army which is imployed against those that labour to destroy it and the known Law of the Land as I have formerly proved and therefore it is a vain and foolish resolution which some men have taken up pretending that they will not take up Armes against the King nor assist the Parliament against the King never remembring the difference between his person and his Office thus ending the last Yeares Diurnall I leave you to this Yeares recantation and rest Your Friend if you please if not I care not I. H. FINIS