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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A81508 A discourse betvveene a resolved, and a doubtfull Englishman. 1642 (1642) Wing D1572; Thomason E128_41; ESTC R212775 9,525 9

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A DISCOURSE BETVVEENE A Resolved and a Doubtfull Englishman Resolved HOw now neighbour how are you now minded have you brought in your plate and mony for assistance of the Parliament against the opposers of their and our priviledges Doubtfuil I am not yet resolved yet I am sure I beare as good affection to my Country and to the Parliament and am as much an enemy to their opposers as you are were I satisfied of some scruples begotten in me not by my own fancy but by expressions of the Parliament it selfe which if you did observe as I doe I beleeve it would somewhat stagger your resolution Resol What may those scruples be I see no cause at all Doubt The Parliament have declared the King to be the head of his great Councell the Parliament which to my understanding argues him to be a very considerable part thereof and you and I and all men see that no act of Parliament is ever made but by the Kings assent and if he assent not it is no act nor passes as a Law to binde the people which proves to me that he hath in all things a negative voice which also the King claimes by the fundamentall Lawes of the Kingdome Resol By which rule If the Common-wealth be prejudiced by any new invented mischiefe and upon debate thereof in Parliament the Lords and Commons both Houses agree upon a remedy yet if it sutes not with the Kings minde the remedy shall not take place nor no Law passe for removall of the mischiefe Nay by this rule if former Kings in former Parliaments have obtained Lawes for advance of Prerogative and to the prejudice of the peoples liberty the people are likely to lie long enough under the burthen for Kings are not likely to remit any part of their Prerogatives nor to passe any Law against themselves though both Houses should conceive the same never ●o just and reasonable and so the Kingdome shall for ever remaine under prejudices and intollerable grievances without hope of remedy Doubt I pray what remedy have you Resol Suppose the King should himself lay a foundation for arbitrary Government and for that end strengthen himselfe by making a party throughout the Kingdome suppose he should raise forces within and hire forces from abroad and thinking his force sufficient should call a Parliament as hoping to overawe them to make Lawes sutable to his ends but yet upon debate betwixt both Houses they should conclude upon Lawes quite contrary and destructive to his ends when doe you thinke the King would assent to those Lawes Doubt Never Resol And so the Parliament shall have no meanes to preserve themselves and the whole Kingdome Doubt The Parliament hath but the King is the Head thereof and till his understanding and conscience be satisfied what can they doe The King claimes not a power of making Lawes without them but denies them any power without him which being granted as necessarily you must grant it he being Head of the Parliament me thinkes you should answer your selfe and abate of your resolution Resol You nor all the world shall ere perswade me that there is any prescribing for prejudices in Government and such by which the whole Kingdome shall be in danger to be destroyed as of necessity it must be when one man hath a legall power to binde their hands which I cannot yet beleeve our forefathers were wiser then so they have not spent their blood so freely in opposition of ambitious Princes to preserve unto us the name only of freemen leaving us without a just meanes to preserve our selves in all causes where the King would not assent and though they had it had been only the error of their iudgements and cannot conclude as by any their constitutions which tend to our ruine or enslaving The people of England are a free people and so acknowledged to be by all the world and where they finde any thing in their government any way tending of it selfe or interpreted and made use of by polititians to their preiudice in any kinde whatsoever those things the Parliament hath full power to alter or remove and to breake through all opposition wherein the people are to give them all aide and assistance for though evill and preiudiciall lawes and customes had confirmed for thousands of yeares there is no pleading for their continuance against the minde of the Parliament the minde of the Parliament being the minde of the whole Kingdome and is so to be taken and esteemed and is never otherwise to be knowne but by the Parliament only and now it comes to my minde I pray tell me what place the King hath in Parliament Sure I am that untill very lately the Kings claime of being a part of the Parliament hath not been heard amongst us indeed since he hath absented himselfe from White Hall for there was his residence whilst the Parliament sate the Parliament being the Parliament compleate and the King the King and that he endeavoured to make voide all their proceedings and to frustrate all their endeavours to preserve the Kingdome from the like ruine which is brought upon Ireland and to beget a doubting in the people of the power of Parliaments lest they should yeeld occdience to the Ordinance of the Militia the only meanes to give check to his designes I say till very lately it was never heard that the King was a part of the Parliament nor never had been I beleeve but that it was the only way to stagger the mindes of men and I see it is the only cause that you and many others well affected to their Countrey doe not contribute that assistance which the iustnesse of the cause and necessity of the time doe require The King is the highest Magistrate A Magistrate and Officer of the Kingdome he is but that any Magistrate hath any place in Parliament by vertue of his Magistracy I doe not conceive The Kings Office is chiefly to oversee that Officers or Magistrates or Judges doe performe their duties according to Law The businesse of the Parliament is to oversee all Magistrates and to take an accompt of them all without exception as they shall see cause and to place and displace as concernes the welfare of the people Doubt The King hath of right belonging unto his Prerogative the power of calling of Parliaments without his Writ they meet not and therefore I conceive he hath a negative voice for did hee doubt their compliance with him or had hee not liberty of assent or dissent hee would certainly never call Parliaments being not to bee called but only by him and are likewise dissolvable at his pleasure all which the KING claimes and affirmes to bee his undoubted right and I doe do not heare or see any expression directly from the Parliament that doth contradict the same or to my understanding prove it to be otherwise or that they doe challenge so great power over all Magistrates whereof the King you say is one or that
they doe deny him to be a p●rt of the Parliament sure I am in all their addresses unto him they prostrate themselves in the humblest tearmes as your Maiesties most humble and loyall subiects the Lords and Commons in this present Parliament assembled they stile themselves his Parliament and his great Counsell all which prove to my understanding that in him alone remaines the supreame power which you would seeme to place in them alone without him and infer that they have power to call him to an account for the defects of his goverment which they have never affirmed nay they are so farre from affirming any such thing that they decline that it is a maxime in our Law that the King can doe no wrong and all the defects of Government they lay upon evill Ministers that have abused his trust So that the supreame power being in the King when the Commands of both Houses and His are opposite that I yeeld my obedience unto him is full satisfaction to my conscience Resol Doe you not allow that the safety of the people is the supreame Law and the foundation of all Governments Doubt I doe Res Doe you conceive the safety of the people to be sufficiently provided for when it depends on the iudgement and will of one man Doubt I confesse freely I doe conceive it is not safe that it should be so and I have oftentimes considered it and doe uudoubtedly beleeve that they can never be better provided of their safety then to be at the sole disposing of the two Houses of Parliament though the King should be no part thereof for be he the wisest man in the world he is but one man and that great Counsell could not be much bettered by any one mans iudgement I conceive also the preiudice to be very great that the King should have a negative voyce or have the sole power of calling and dissolving of Parliaments all this and more I see and iudge as clearely as you and have wondred that Kings should be accomptable onely to God and not to the power of Parliament but what is all this to mee or to you if you would rightly consider who are subjects and must and ought to submit to the constitutions of our Government and how prejudiciall soever these constitutions are we are not to interpose our particular judgements but to submit with all obedience and that the constitutions of our Government have placed so great and absolute a power in the King I am induced to beleeve from the two Houses owne expressions and the Kings claime uncontradicted or not so plainly as that I understand it Resol To my minde now I see some reasons inducing the Parliament to use such low expressions and humble tearmes which occasion in you though not justly a disesteeme of their power for you will finde when you have considered all you can the King is only the supreame Magistrate but the Parliament is the supreame power from which there is no appeale And by Parliament I understand the two Houses of Lords and Commons and their force and power to be iustly in the Maior part their Votes to be the reason of the Kingdome One reason may be the long disuse of the Parliamentary power occasioned by a strong hand borne over them by the KING and most of his Predecessours who have all endeavoured to abate their power and thereby to advance the power of the KINGS above the power of Parliaments which taking effect by degrees and getting ground by long disuse and abuse of Parliaments abridging their priviledges and oppressing many of their Members so that now in our present age men esteeme of the Parliamentary power iust as Kings would have them and according to their polititians interpretation and cannot so much as guesse what their power is in deed and in truth and when any man speakes of an unlimited power in them that they are neither bound to observe formes nor limited by presidents nor Lawes but may lawfully proceed to doe whatsoever the safety of the people whose guardians they are shall invite them unto when they are told that their power is above the power of Kings and that Kings are accomptable unto them That the King is bound by Law to call a Parliament once every yeare and oftner if need be even by that Law which so provides An. 4. Edw. 3. 36. That his assent is required is but to binde him to see that the inferiour Magistrates put that Law in due execution out of times of Parliament and is only matter of forme and complement of every act instituted at first by those our forefathers who expected that our Kings would be ever the best affected unto Parliaments of any men in the Kingdome or that our care would be such that they should not long continue the worst affected which also was the cause that they were entrusted with the calling and dissolving of Parliaments not once imagining that these things should ever have been turned to our ruine which was intended for our preservation Though no man can deny these things to be iust and reasonable yet when they are spoken to the people they grow angry and are offended and thinke it to be no lesse then treason and therefore I conceive the Parliament in their addresses unto the King have used such language as you have recited lest the people should have thought they had usurped an authority above what was their due and being thereby exasperated might though to their owne ruine have quarrelled at all their proceedings which I am induced to beleeve because I have observed the Parliament have revealed their power but by degrees and only upon necessity that necessity might make the people know that that power was iust and reasonable as fearing the peoples weaknesse could not digest those strong and sinowy truthes whereunto their stomackes had not of long time been accustomed though indeed it be the only food that makes us firme and resolute and true Englishmen Doubt These things which you alleadge carry some colour in them but surely did the Parliament judge of things as you doe they could not in my judgement have done themselves more good nor the Kingdome more right than to have used in all their addresses to the King such language as had most properly expressed their full power and his Office for how else shall the Kingdome ever rightly understand that Relation which the Parliament hath unto the Common wealth and that relation which the King hath unto the Common wealth for admit I should approve all that you say or have said to be reasonable whether is more safe for me to be guided by your opinions or the expressions of Parliament which incline me quite contrary to your opinions in this case you nor no reasonable man in the world can blame me if I stand suspended till the judgement of Parliaments by cleare expressions give weight to your opinions for by their judgements clearely expressing their power what it