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cause_n ecclesiastical_a governor_n supreme_a 3,829 5 8.9454 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A26767 Elenchus motuum nuperorum in Anglia, or, A short historical account of the rise and progress of the late troubles in England In two parts / written in Latin by Dr. George Bates. Motus compositi, or, The history of the composing the affairs of England by the restauration of K. Charles the second and the punishment of the regicides and other principal occurrents to the year 1669 / written in Latin by Tho. Skinner ; made English ; to which is added a preface by a person of quality ... Bate, George, 1608-1669.; Lovell, Archibald.; Skinner, Thomas, 1629?-1679. Motus compositi. 1685 (1685) Wing B1083; ESTC R29020 375,547 601

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contains this clause I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know and hoar of to be against him or any of them c. But lest any one being advanced to the high Honour and Dignity of consulting with the King and sharing in some part of the Government should forget that he is still a Subject the better to keep him within the bounds of duty he is to take another Oath of Supremacy in these words I A. B. do utterly testifie and declare in my Conscience That the Kings Highness is the onely Supreme Governour of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal and that no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all foreign Jurisdictions Powers Superiorities and Authorities and do promise from henceforth I shall hear Faith and true Allegiance to the Kings Highness his Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions Priviledges Pre-eminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united or annexed to the Imperial Crown of this Realm So help me God and by the contents of this Book Being thus obliged to their duty upon their entry into this auspicious Honour by the Votes of the Lower House according to the Kings designation or nomination a Speaker is chosen whom they accompany to the King beseeching his Majesty to approve their election which the King readily grants This being done the Speaker in the name of himself and of all the Commons thanks the King and begs of his Majesty that they may enjoy their Priviledges and have the freedom of debating and that if any one in the heat of discourse should speak too warmly his Majesty would not take it ill nor be offended and that they may have free access to his Majesty and the Upper House so often as occasion shall require Which being granted they are dismissed All men heretofore were admitted to petition this August Assembly provided their Petitions were preferred within six days after the opening of the Parliament and by the hands of some appointed by the Upper House it belonging to them to judge what were fitting to be presented in Parliament and to reject such as were trivial or seditious Each House has power to consult debate and form Bills about the matters proposed by the King or concerning the making or abrogating of Laws so that what is agreed upon in the one House is by Messengers to be sent to the other and if both concur in judgment after the matter hath been debated the Assent is marked over the head of the Bill if it be in the Lords House in this form of words Les Seigneurs out assentes The Lords have consented And in the House of Commons thus Les Communes out assentes The Commons have consented But if they disagree many times both Houses or Committees chosen by them meet in conference in a convenient place which is called the Painted Chamber where the Lords covered and sitting in solemn manner receive the Commons standing uncovered and both argue the matter in debate If in such Conferences opinions disagree as it happens sometimes the thing is laid aside but if they concurr the Bill is carried to the King which if he approve of it is written upon Le Roy le veut The King wills it whereby as by a Soul infused into the body it receives life and passes into a perfect Law to be afterwards promulgated to the people If on the contrary the King approve not the Bills brought to him he uses to write over head Le Roy s'avisera The King will consider of it sometimes he utterly rejects them and then they are wholly laid aside But matters of Religion which require the Kings more especial care are not so intirely committed by him to the Parliament but to the Convocation of the Clergy to be handled unless for the sanction of Parliament to give them the authority of a Law which otherwise they could not sufficiently have The Deans Archdeacons two Prebendaries commissionated by the several Chapters and as many Priests out of every Diocess meet in an appointed place to consult about affairs of that nature where having first chosen a Prolocutor they settle points of Religion Ceremonies and other matters belonging to the Church and the imposition of Subsidies also in name of the Clergy yet in these latter times their Acts bind not the People until as we said before they be passed into a Law by the King with consent of both Houses of Parliament And so cautious have our Kings been that Laymen should not meddle in such affairs that as it is recorded in History Queen Elizabeth severely checked the Parliament for having appointed a Fast without ●sking her leave nor would she be satisfied till they begg'd her Majesties pardon for it That we may return to the Authority of Parliament each House hath its several and distinct Priviledges The House of Lords not onely concurs in Council and making of Laws but hath also power of Judicature and giving Judgment and so of administring an Oath especially in weightier Causes as in the corruption of Judges and Magistrates and in highest Appeals which yet the Lawyers say cannot lawfully be brought to a tryal without the consent and warrant of the King and is never done unless the Judges of the Law do assist The House of Commons claims to it self the priviledge of petitioning and proposing Laws or of prosecuting but never of judging unless within its own walls and over the Members of their own House nor that neither beyond a Fine and Imprisonment By ancient custom that House was so far from pronouncing any Sentence much less in cases of Life and Death in the name of the People against the meanest Servant in England that it never took to it self the power of administring an Oath It is also extant in the Rolls to this purpose Vpon the humble supplication of the House of Commons that whereas all Parliamentary Judgment belongs to the King and the Peers and not to the Commons unless by a Grant and Permission from the King it would please the Kings Majesty that they be not contrary to custom obliged to give Judgment whereupon the King for the future excused them from that trouble reserving the Parliamentary power of Judging for the time to come to the King and