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cause_n king_n parliament_n people_n 3,242 5 5.1503 4 true
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A74788 The jovial tinker of England: willing to hammer the Covenant and Scots commissioners into English. And to mend the breaches, and stop the holes of the Crowne of England, (miserably torne and bruised, both within and without) with the best mettle he can get. And at a very reasonable rate. Provided, he be not compelled to take the Scots sense upon the Covenant. He will rather walk about the countries, & cry: Have you any work for a joviall tinker. / By Borialis guard. Borialis, Guard. 1648 (1648) Wing J1119; Thomason E424_3; ESTC R204544 10,341 16

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it meerly an aliquid nihil But what if other men be of other mindes and have not we cause to bee so and to thinke it unsatisfactory for is not the Prince in his capacity as bad as the King principled by father and mother to begin where he leaves is not the Parliament put in trust by the people to provide for their security and shall they bee so base as to expose posterity had our forefathers been so selfish the Free-men of England might have been like the bondmen in Scotland where the common people speake broken French The reason of the negative voyce is as they affirme because regall power and authority is chiefly in making and enacting Lawes and therefore object That the new preface takes away the Kings negative voice and cuts off all royall power and right in Law-making wherein by the way they play the Sophysters being excellent School men in State matters for when they speake of the Militia which is lesse concerned in terminis in the Coronation oath which principally respects Civil matters yet they bring it for a proof as to that saying That all Kings are obliged by their Coronation oath to protect their Subjects but as to his negative voice the exclusion whereof is both the substance of that oath and this preamble they blanch it taking and leaving as makes for their turnes in Oaths and Covenants and making at best that oath as to the Lawes speake but the language of the Cavalliers whose interpretation of only protecting the Laws they take up and decline that of the Parliaments of confirming and making them so fully evinced in their Declarations to be the genuine sense thereof and in right reason and true construction it must needs be so That he sweares to confirme and grant all such Laws as his people shall choose to be observed not hath chosen for first the word concedis in that oath were then unnecessary the Lawes formerly enacted being already granted by foregoing Kings his predecessors and so need no more concession or confirmation else we must conclude that all our Lawes dye with the old King and receive their Being a new by the new Kings consent Secondly hereby the first and second clause in that interrogatory viz. Concedis justas leges permitt 〈◊〉 protegendas are confounded and doe but idem re●●●●●● Thirdly Quas vulgus elegerit implies only the act of the people in a dis-junctive sense from the act or consent of the King but Laws already made have more then Quas vulgus elegerit in them they have also the Royall consent too so that that phrase cannot mean those Laws wherein the act and consent of the King is already involved But though the Scots Commissioners approve not of it to be the meaning of that Oath yet they affirme it undeniably as a position of their owne That regall power is chiefly in making and enacting Laws that and protection being of the essence of Kings The Scots say its essentiall to the King to make Laws the Preamble to the Propositions sayes so too That it 's the duty of his office yet they that affirme that oppose this so that there must needs be some great mis-understanding for there is no difference which is this The Scots when they say It is essentiall to the King to make Laws speake by a figure incident to their dialect that is They speake one thing when they meane another you may finde the name of it in Hocus Pocus his politicks intending thereby That it is essentiall to him not to make Lawes elegantly asserting the negative which they contend for in the affirmative For they speake all in the plurall number Kings and Kingdomes nothing but joynt interests and equall jurisdiction municipall lawes are out of doores And let it be granted that it is a principall part of even our regall authority to make and enact Lawes for the Coronation oath saith as much That he is to confirme and grant such Lawes as his people shall present so also sayes this Preamble to the Propositions and what get they by it why then say they to take away the Kings negative voyce is to cut off all power and right in making Lawes nothing lesse this is a meer non sequitur for to make him that he cannot but make them is that to make him that hee cannot make them There are somethings that God himselfe cannot but doe which is as well his perfection and power not imperfection and impotency as those things he can chuse to doe and does that therefore imply that he cannot doe what he cannot but do Things essentiall are not arbitrary but necessary so is making Lawes to the Office of a King but so is not his not making them It seemes by the Scots creed translated into English for they are not of this faith at least not of this practice at home nothing's royall but what 's arbitrary a position fitter for Turkes and Infidels to maintaine then Christians and men of erudition that so preferres will to reason and the will of one man laps'd and relaps'd to the reason of a State making that which is the worst to rule by the sole or principall rule of all rule and Government They are now attain'd to that confidence as after all that 's done and suffered by the Parliament and Kingdome for an establishment of liberty and safety openly to advocate it for the King against these preferring their interest which is against them above their Covenant which is for them notwithstanding the profession they made to the contrary and the money viz. 600000. li. 100000. li. at their comming in 200000. li. at their going out 250000. li. for coales at Newcastle 50000. li. when they lay before Hereford are such another summe when they lay before Newarke besides free-quarter a●bitrary assesements and exactions which in computation during their long stay to little purpose amounted to above as much more They have had for their seeming serviceablenesse thereunto And now all the courtesie we must expect is onely this for they are their owne words It is not our desire that Monarchy should be at the absolute height of an arbitrary and tyrannicall power Implying an allowance or content of some yea a great deale of arbitrary and tyrannicall Monarchicall power and for this it seems they contend the whilst they go about to erect these two Pillars of it in the Crown a Negative voyce and a Regall Militia and indeed the Crowne having them what can hinder it of an arbitrary tyrannicall power even to the height thereof if he that weares it be so disposed for by the power of the one the people can have no Lawes but what hee le grant them and by the power of the other they are never the better for them nor surer of them when they have them the Militia investing the King with a negative power of undoing at pleasure what he of curtesie hath done or granted to them and so his people are stript