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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	great_a	king_n	war_n	4,472	5	6.2395	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91212	The Long Parliament tvvice defunct: or, An answer to a seditious pamphlet, intituled, The Long Parliament revived. Wherein the authors undeniable arguments are denied, examined, confuted: and the authority of this present Parliament asserted, vindicated. By a zealous yet moderate oppugner of the enemies of his prince and country.	Prynne, William, 1600-1669, attributed name.	1660 (1660)	Wing P4003; Thomason E1053_2; ESTC R203196	25,482	48

his death And to the Authors application that a Parliament may be such though the Kings person be utterly withdrawn because his politick capacity lives and is present with them This is an out-worn and thredbare Distinction which the common story of the Knights being perjured in his politick and going to Hell in his natural Capacity sufficiently confutes For the politick capacity is a second Notion and cannot subsist but in the natural To which it is so strictly united that it is inseperable otherwise than by our understanding which cannot alter the nature of any thing The Murthering of his late Majesty as it was Treason was an offence against his politick capacity as he was a King though that horrid and shamelesse Butchery was committed against his natural person as he was a Man But that saying that the King is a part of the Parliament must be cautiously understood because a mistake in it hath been a great cause or pretence of all our late Civil Wars For hence some would infer a Coordination of power in the Parliament which cannot I conceive be made good by Reason or the Laws of this Nation For the King hath undoubted power to call and dissolve Parliaments which are properties inconsistent with a coordinate power The Stile of all Acts anciently was by way of Petition that it may be enacted which doth not smell of co-ordinate authority and the Act of 17 Car. was in like form The Members cannot consent upon condition which shewes that the binding power of an Act as it is a Law doth not passe from them for cujus est dare ejus est modificare but only a bare assent which is necessary to perfect the Act of another as in Atturnments The Members during the Continuance of Parliament may be committed and be punished for Treason which could not be if they were in a Coordination with the King And the Writs of Summons under favour notwithstanding my Lord Cooks marginal notes do confirm this assertion I shall conclude with the Testimony of the learned Grotius Jure Belli in these words Multum falluntur qui existimant cum Reges act a sua nolunt esse rata nisi a Senatu aut alio Coetu aliquo probentur partitionem fieri potestatis nam quae acta eum in modum rescinduntur intelligi debent rescindi Regis ipsius imperio qui eo modo sibi cavere voluit ne quid fallaciter impetratum pro vera ipsius voluntate haberetur And yet t is most true that in our Legal Monarchy the King cannot make or alter any Law without the assent of his Peers and Commons in Parliament So that upon the whole it appears That the King is so a part as he is the head of the Parliament and Nation and though it be true that totum est dignius sua parte yet the head must be a part of this totum or else that Maxime is untrue and fallacious To Mr. Pryns fifth Objection he chops in again the distinction of the Kings politick and natural capacity which my former confutation hath rendred toothlesse But he sayes the dissolution of the Parliament by the Kings death might prove dangerous and pernicious to the Kingdom I answer he that intends to be believed must not affirm things in general terms which do nihil ponere and to which no certain answer can be given Again 't is presumption in the Author to think himself wiser then all the ages that liv'd before him who finding no inconvenience have derived the custom down to our times and 't is a known good Rule Oportet neminem esse sapientiorem Legibus To his answer to the sixth Objection affirming That the Parliament was not dissolved by the Act passed lately upon the Admission of the Secluded Members for their dissolution because it was but an Act of the House of Commons only which is no Act of Parliament I answer that it is most true That it was no Act of Parliament according to Law But by the Authors favour those very men that were the greatest part of the Commons of the Long Parliament then living ought not themselves nor their advocate to say that they were no Parliament for they imposed an Assessement upon the Nation and stiled their Instruments Acts of a Parliament so that those men shall never in reason averre any thing in disability of their own Acts though they were otherwise not agreeing with the rules of Parliamentary proceedings Besides that Act at least amounts to a Declaration of their Judgement that they were dissolved and it was true for they were long before dissolved by the Kings death To his answer to the seventh Objection That this Act 17 Car. is not void although the Bishops who were outed before this Act passed did not assent to it I shall say obiter That 't is the hope of the greatest part of the Learned Loyal and Moderate party of this Nation that this present Parliament if the necessity of other more important affairs would permit or some other Parliament will out of their zeal to Common Justice and the honour and safety of the Kingdom take the Case of the Reverend Bishops into consideration and restore unto them their ancient honours and privileges of sitting in the House of Peers Their undoubted and very ancient right and the necessity of their Re-establishment in order to the preservation of the ancient policy of this Nation for the better support of the Royal Authority for the ballancing of the other two Estates for the benefit of the Clergy of this Nation who have no Representatives in Parliament for the preservation of the rights and privileges of the Church and for the better establishment of the integrity of Orthodox Religion being strong and important advocates for their so just Restitution After which short digression I answer That if an Act of Parliament that divests so many Members of the same Parliament of their rightfull and ancient privileges and lawfull inheritance without any crime committed or alleged or without being called to answer in any judicial way of proceeding be good and valid then the Authors position is true and not to be denyed But if such an Act be against natural justice and equity and against the law and custom of Parliament for I shall desire the liberty to be sceptical in this particular then on the otherside it will appear that the Bishops were excluded against their Wills and they being so great a part of the House of Peers that their voices if they had been present might by joyning with other Lords of the same opinion have carried the Act of 17 Caroli in the Negative It follows that the Seclusion of the Bishops rendred that Act and all other Acts made after their Seclusion void and of none effect And this case of the Bishops hath no similitude with the point in Mr. Bagshaws reading lately printed because there the Bishops are supposed voluntarily to absent themselves

the other ends mentioned in that preamble of that Act and therefore I shall take no notice of them in the discourse and seeing no body would trust them because it was hazardous they might be dissolved before repayment therefore was the Act made to establish their continuance till the money being satisfied they did dissolve themselve by Act of Parliament But saith the Author If they had been notwithstanding dissolvable by the Kings Death the Act had been of no effect because their dissolution was still hazardous the Kings life saith he being more uncertain then other mens and so ex absurdo he reasons That the Parliament shall not be intended to omit this cause of their dissolution out of the said Act To this I answer That the principle end of this Act being only to secure the payment of the publique debts which they were then contracting If the security of those debts did not so depend upon the Parliament that they would be necessarily lost if they were unpaid at the time of their dissolution then that Parliament was not absolutely necessitated to secure their sitting till those debts were paid it being sufficient to establish themselves against being dissolved by the Kings will which had most often recurrence and whereof they stood in most danger But those debts which they then contracted were either secured by Act of Parliament actually made and passed at the time of the money borrowed or they were not If they were secured by Act of Parliament that Act was as good a security after the Parliament dissolved as it was while the Parliament continued But if they were not so secured the debts were as likely to be paid and the Creditors had the same security viz. the Honour and Justice of the Kingdom which is all the security or compulsive power Creditors have against Parliaments for the repayment thereof by a subsequent Parliament as by the Parliament then sitting which borrowed the money which is apparent first because the Parliament then sitting by the Authors own confession took no care for repayment of the said money and another Parliament could not possibly be more remisse Secondly because those debts were the publique debts of the Kingdom contracted by their Representatives in Parliament in their publick and not in their individual Quality and therefore every following Parliament comming under the same Representation ●●ere bound to take the same care for the payment ●hereof being a part of their publique Service or Employment And it is no strange thing for a latter Parliament to pay sums which were drawn on the Kingdom by a precedent Parliament witnesse the paying off the Souldiers by the Honourable Assembly now sitting which Souldiers were the most part of them first set on work by the Long Parliament since which time till now we could never have the happinesse to shake hands with them So that it appears that there was no such great necessity as the Author insinuates to Bulwark themselves against a dissolution by the Kings Death which was a remote possibility But that in case that accident had happened which was unlikely the debts notwithstanding would not have been lost but had been in as much likelihood to have been paid by the next Parliament as if the Parliament in 17 Caroli had not been dissolved by the Kings Death Secondly at the time of this Act made there was no danger of the Kings death nor any suspition that it would happen within so short a time as was sufficient for them to have raised the said monies and therefore they shall not be reasonably intended to have made provision against the Kings death For his late Majesty of ever blessed Memory was sprung of longaevous Parents and was in the Meridian of his age of a strong and healthfull constitution and of great temperance in his diet and recreations which are all symptomes or causes of a long life and therefore 't is unlikely they should mistrust he would die within one or two years which was time more then sufficient for the raising and payment of the sums borrowed Thirdly if the case had been so that his Majesty had been of a languid and valetudinarious habit of body yet the Act had not been fruitless For a Parliament may be dissolved either by the Kings pleasure or by discontinuance or by the Kings death But seeing by this Act they were defended against being dissolved by the Kings pleasure as is agreed by all parties whereof there was most danger I conceive the Author will not deny but that their Session was more established by this Act then it was when it lay open to all the three accidents or causes of dissolution An estate determinable upon the surrender or forfeiture of the particular tenant is a lesse defeasible estate then another estate determinable by his death surrender or forfeiture And now reader you may breath a little and consider the emptiness of the Authors argument conceived upon the preamble of this Act which appears to be like the crackling of Solomons thorns under a pot makes a great blaze and a great noise but contributes little of solid heat to the vessel that hangs over it Yet to be further quit with him before I dismisse the preamble I shall thereupon frame this argument which I think flowes more naturally from it then his deduction That it appears from the preamble the Parliament only intended to suspend the Kings prerogative and the ordinary course of dissolving them till they had cleared their credits and repayed the money borrowed for this they make the principal end and drift of that Act and when the end of an Act of Parliament is satisfied the Act looses its force Aquisito fine cessat operatio which is proved by those temporary Statutes for Assesments c. when the money is paid the Statute is become of no further use or effect And therefore if all the ends for which the Act 17. Caroli was made be satisfied accordingly by the payment of the money therein mentioned to be borrowed upon the security of that Parliament Then is the suspension taken off and the Kings prerogative and the ordinary course of dissolution of Parliaments is revived again as it was before that Act made and by consequence they are dissolved by the Martyrdom of his late Majesty Now the Learned and worthy Patriot Mr Prynne asserts that the ends of this Act are all satisfied and the Author doth not endeavour to prove the contrary But if the moneys by them borrowed be not paid Yet I suppose the authority given them by that Act ceased before the Kings death for not performing the ends of that Act within the time which was limitted them by the construction of Law and Reason And for proof hereof and our more orderly proceeding we will inquire what time was allowed them by a rational interpretation of that Act to performe the ends in that Act designed There is no man I think so irrational as to imagin that by this

and like the great City mentioned by Aristotle because we cannot finde wee make the causes of our own Distempers But the body politick hath had already too much of Blood-letting there is no man but hath found a miserable experience too of the Phlebotomy of Purses Why then being poor should we by our folly seek to banish from our selves the only good Companion of Poverty Quietness There was never any Government so perfect but it had some Naevi in the Constitution and some Errors and Miscarriages in the Practice He must take order to go to Heaven that will not brook Defects on Earth And therefore we ought not critically too ensure the Actions of our Superiors because we know not all the circumstances that encouraged and gave occasion for their Counsels and if we did we must make abatement of some grains to humane frailty and the short-sightednesse of our knowledge and the multitude of Accidents which can neither be foreseen nor prevented Such are the Judgements of the Wise and Moderate But Detractors are the Authors of their own Blindnesse and are like Flyes which refuse the sound parts of the body but suck and aggravate the unsound and the Raw They have Pharisaicall consciences and make that which they account Vertue in themselves to be a Crime unpardonable in all the World besides Nil mihi vis vis cuncta licere tibi There is no need to apply it I shall only adde one Lesson that the late wars have taught me To resist the Prince besides the sting of Conscience can tend to no good End in Policy For every unlawfull change is destructive or hurtfull to the first instruments of that change The most of those men that were the first movers in the late Wars or their Executors will make affidavit of the truth hereof And if the Prince prevails which is most likely the Rebels are undone in their Lives Relations Estates If the Rebellious prevail the stirring spirits among them will rule and tyrannize over the Rest till by supplanting one another they make way for the Princes Restitution so that after all the Calamity losse and danger of a warre and the subjection to the Tyrannical government of their Equals the greatest and best end of all is this only to be as they were and like the Dove of Noah after a tyresom and dangerous journey in the Air to return into the Ark again for rest and safety I hope the Nation will not any longer be deluded by Impostors who make Religion and the Liberty of the Subject the stalking horses to their own privat Designs but that if they must needs contend they will rather strive who shall be most forward to be an instrument for the advancement of Religion and the settlement of this hitherto distracted Nation upon the Pillars of Justice and a Lasting Peace Eritis insuperabiles si fueritis inseperabiles FINIS P. 3. P. 4. Perfect Narrative 3d Instit. 8 12. Cor l. 6. f. 31. P. 5. First Argument Second Argumen 3d Instit. p 14. 3 Instit. 35 37. 3 Instit. 41. Hobard 87. 3 Instit. 37. Libr. Citato Ro Parl. 42 E. 3. num 7. 3 Instit. 14. Ibid. in Margine Arg. 3. Hob. 346. 2d Instit. 23. Co. l. 3. f. 2. Co. li 7. f. 13. Co. l. 7. f. 6. Plowd 204 205. Mr. Pryns true and perfect Narrative p. 24. Argum 4. 3d Instir 6. 28. Plowden 213. 3d Instit 25. 3d Instit. 35. l. 1 c. 3. ● 18. Fortesc cap. 9. P. 17. Seldens Titles of Honor p. 282 347. Grotius de jure Belsi l. 2. c. 21. sect. 10. P. 18 19. P. 18. P. 19. 1 Kings c. 21. Matth. 12. 1. ● 1. c. 4. sect. 7. 3d Instit. 23. Conclusion Seneca Politio● Martial Machiav in Princ.