Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	parliament_n	writ_n	1,437	5	9.7847	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50375	An epitomy of English history wherein arbitrary government is display'd to the life, in the illegal transactions of the late times under the tyrannick usurpation of Oliver Cromwell; being a paralell to the four years reign of the late King James, whose government was popery, slavery, and arbitrary power, but now happily delivered by the instrumental means of King William & Queen Mary. Illustrated with copper plates. By Tho. May Esq; a late Member of Parliament.; Arbitrary government displayed to the life.	May, Thomas, ca. 1645-1718.	1690 (1690)	Wing M1416E; ESTC R202900	143,325	210

by his Writ to confer with him as his Parliament Arduis negot●is or about urgent Affairs was Resolued 1 Hen. 4. Rot. Parl. n. 14.14 Hen. 4. Cook 4 th Institut p. 46. c. For it is not natural to suppose and impossible That the Lords and Commons should be a Parliament and make Acts and Laws without the King as for a Body to move and Act without an Head and therefore had there been any such thing intended to have been Enacted it was void because impossible for the Kings Royal assent could not be had after his Death and there is no Clause in the Act that obliges his Successor to Consent which clearly shews they never had any such intention at the making of this Act. And therefore on the death of the King all Commissions both of the Judges and others cease and all Proceedings determined tho the King is said to sit in the Court of the Kings-Bench in his politick Capacity which indeed never dyes so as to cause an Interregnum but other wayes as to the Continuance of Commissions Writs c. which must be renewed Consider also that if these men after the Death of the King could be a Parliament they must be so either by the Common Law and Custom of Parliaments which is clearly against them or by this Statute which as little Countenances them for they would then be another thing distinct from the Parliament which was summoned in the Kings Life for the Country had no Power to elect their Representatives but by the King 's Writ and therefore could receive no more Power from them than the Tenour of the Kings Writ granted which determining with the Kings Life their Representative-Power was also determined and by Consequence they could be no longer a Parliament If it could be thought they could be yet so by that Act then it follows That a Parliament by their Act might create another Parliament to exist after themselves were dissolved which is most absur'd and alters the Root and Foundation of all the Liberties of the Subject for they become no longer their Representatives but a Parliament by their own Act and it will never be thought that the people intended to entrust them with their Authority to change the Government and deprive them of their Fundamental Priviledges The Parliament cannot De jure do any thing against natural Equity quia jura naturae sunt immutabilia And also by the judgement of a Parliament this could not be being against the Law and Custom of Parliament for Ro. Parl. 42. E. 3. no 7. it is declared by the Lords and Commons in full Parliament upon demand made of them in the behalf of the King That they could not assent to any thing in Parliament that tended to the Disherision of the King and his Crown to which they were Sworn Now this Act of the 17 th of Caroli Primi is expresly against the Kings Successors Prerogative to call his own Parliament and therefore they could not make such an Act to the Disherision of his King and Crown A Parliament may be three ways Dissolved by the Declaration of the Kings pleasure or for want of entring their Continuances or by the Kings death whereby the Kings Writ which gives them their Authority is determined These words That this Parliament shall not be Dissolved unless by Act of Parliament is a general Negative which cannot extend to all Causes of Dissolution but have a respect only to that most usually hapning the Pleasure of the King till the pretended Grievances of the time were satisfied Now in all Times the judges have excepted particular Cases out of the general Negative or Affirmative Words of Statutes By the Star of Magna Charta C. 11. 'T is enacted That Common pleas shall not follow or be sued in the Kings-Bench which is a general Negative yet it is holden to be clear in Law That the King is not within these general Words and may sue in his Bench or any other Court at his Pleasure The Statute of Winchester is a general Statute That the Hundred c. shall make Satisfaction for all Robberies and Fellonies within the Hundred yet it is Resolved That the Hundreds shall make no Satisfaction for the Robberies of an House because the House was the owners Castle and he might have defended himself and preserved his Goods Besides this Clause in the said Act That all and every thing done or to be done for the Proroguing or Dissolving of this present Parliament contrary to this present Act shall be utterly voyd and of none Effect By which it appears That the cause of Dissolution which they intended to prevent was something that should consist in Action by the words Thing or Things done or to be done which words can only be applicable to an Actual dissolution by the Kings pleasure And the King's death is not a thing done but a Cessation of his personal being and of the Dependants thereupon And is not an Action but a Termination or Period So that it is most Clear these men could no longer by any the least Colour of Law or Reason pretend to sit and Act as a Parliament But alas What are Arguments to them who had usurp'd the Throne and Power of their Soveraign and had the vain and idle Hopes to keep it And to the strengthening themselves with all the Arbitrary and Tyrannical ways imaginable they proceed First they issue out their spurious Act before mentioned against proclaiming the King tho by the Law of the Land instantly upon the King's decease the imperial Crown of the Kingdom of England was by his inherent Birthright and by an undoubted Succession and Descent Actually vested in our now Soveraign eldest Son to the murthered King and next Heir of the Blood to his Royal Father and that before any Ceremony of Coronation as by Stat. of 1. Jacobi Ch. 1. And that all Peers of the Realm Majors Sheriffs and other chief Officers in all the Cities and Corporations of England are oblig'd by their places and Allegiance to proclaim him under pain of High Treason and forfeiting their City and Corporation Charters And notwithstanding the Junto's Prohibition there were several Proclamations printed and scatter'd about the City which proclaimed and asserted the Right of the Prince as next Heir to the Crown and by Birthright to be the lawful King of Great Britain c. Dated the 1 st of February Then also in like manner was privately scatter'd about another Paper in which were four Propositions briefly declaring That the House of Commons had no Power of themselves alone and without the Concurrance of the King and House of Lords to make any Act of Parliament Ordinance or to impose any Tax Oath Forfeiture or Capital Punishment on any Secondly That the few Members now sitting were no Court of Justice in themselves and could Erect no such Court for the Tryal of any person nor had Power to hear and determine any Civil or Criminal Causes and that

King perswaded returns to St. Johnstons where the Committee of Estates being somewhat more Compliant thank Cromwell for that many of the Kings friends were admitted to him This made many dissatisfied Ministers withdraw themselves into the West as Guthery Gelaspy Rutherford and others where they put forth a Remonstrance against the Proceedings of the Assembly in the Admission of Malignants to Power and Employment and with these Ker Stranghan Laird Warreston Sr. John Cheisley Sr. James Stewart and others joyn in Confederacy These Broils made well for Cromwell who found small Opposition He took Ken Prisoner and Edenborow Castle was surrendred to him on the 24 th of December 1650. This very much troubled the Scots for after that Cromwell succeeded so well that he took in all the Forts on this side of Sterling In January the Scots Crown the King at Scoon the accustomed place for the Coronation of the Kings of Scotland which is not far from St. Johnstons with great Pomp and Solemnity In the mean time the Junto in England still sat and Voted Liberty of Conscience to all which was a most distasteful thing to the Presbyterians Also they fell to levying of Souldiers giving the Command to Harrison now made Major General a f●fth-Monarchy man most of these men being raised by those sort of men and the other Sectaries with which this Army swarmed and the Presbyterian Interest daily declined every where being called a most horrid Tyranny and worse than the Prelacy They also about this time formally receive Embassadors from Portugal and Spain who for Interest acknowledge their Power All they did besides was the constant Persecution of the Royal Party after their Tyrannical manner Collonel Eusebius Andrews a constant Loyalist and firm to the interest of his King being by Profession a Councellor of Grays-Inn having been underhand Contriving some Insurrection in the behalf of the King was betray'd by some of his Confederates and taken at Gravesend and after sixteen Weeks being Prisoner in the Tower and several times examined he was brought to his Tryal before their bloody High Court of Justice Bradshaw sitting as President Where he admirably pleaded his Cause but the Attorney General Prideaux over-ruled all and told him the Court was not to take notice of his Law Cases but of his Confession and tho he had Acted no Treason yet he had an Affection for Treason and therefore deserved Death An excellent Mark of the Liberty of the Subject under Usurpers And upon this learned distinction the Bloody Court proceeded to Sentence against him that he should be Beheaded Thus the Will of Usurpers is become Law This Heroick Gentleman suffered accordingly on the 22 d. of August 1650 on Tower-Hill where he dyed with much Constancy Magnanimity and Christianity In October following one Benson involved in the same Design with Collonel Andrews was tryed and Condemned by the aforesaid Tyrannical Court and on the 7 th was Executed being Hanged for his Loyalty At the same time was an Insurrection in Northfolk which being suppressed many suffered for the same in several places In March following the Grandees at W●stminster by the same Arbitrary Power after the Turkish Precedent put to Death the Loyal Sr. Henry Hide before the Exchange It was Crime enough that he was a Royalist and Brother to the afterwards Earl of Clarendon then with the King But his pretended Crime was That he had been an Agent from the King after the Death of his Royal Father to the grand Signior He was bred a Merchant and had a repute amongst the Turkish Company and was by them made their Consul at Morea and this Gentleman the King sent to the Port in order to some private concerns and not for the Confiscation of the Merchants Estates as the people were made to believe but he being there the Visiere was privately tampered with who betray'd him and sent him to England a Prisoner in the Ships thence bound for Smi●na in one of which he was brought to London and Committed to the Tower convented before the aforesaid Court by whose Power he was Condemned and Beheaded as aforesaid on the 4 th of March 1650. And now their Hands were in all went to Pot that came in their way the April following Captain Brown Bushell was the next Criminal they Murthered for his Loyalty he had long lain under restraint in the Tower and almost starved for want of Sustinance and at last being put into their Bloody Roll of such as were to be Tryed he was called to their Bar and Condemned But his Wife solicited very hard for a Reprieve which at last hey promised her with which joyful News she repaired to her Husband Comforting themselves together till four a Clock in the Afternoon but had no sooner left him with those flattering Hopes but the Warrant came for his present Execution they finding it seems that he was too well beloved by the Seamen and wree in Fear of him and so about six of the Clock at Night they put him to Death on the Ground under the Scaffold on Tower-Hill which he suffered with much Resolution In the mean time Cromwell was very watchful and Diligent and endeavoured all he could tho not with any success to engage the Scots Army which was drawn up at Sterling where the King was with them But the King having a Design to pass into England waved engaging with as much Care as the other flush'd with Victory and Success sought it who was come within sight of the Scotch Army In Lancashire several expected his coming and were ready to rise upon his approach tho disappointed by the Rumps Vigilancy Cromwell for want of Provisions was forced to remove and attempted to get over to Fife side It was about this time that several rude fits of an Ague shook him so shrewdly that there was an equal engagement of Hopes and Fears on the side of either party of his marching into another world Doctor Write and Dr. Bates two eminent Physicians being sent from London to administer Physick to him being brought very low But at last by the help of these Doctors who had the charge of him by the Junto's order he recovered to the sorrow of the Royal Party At last the English under Collonel Overton with about fifteen or sixteen thousand Foot and four Troop● of Horse with much difficulty forced their Landing Cromwell drawing up close to the Scots at the same time with all his Forces with an intention to fall upon their Rere if they should attempt to beat them out of Fife Yet the Scots sent four thousand Horse and Foot under Sir John Brown which Cromwell having notice of sent over Lambert and Okey with two Regiments of Horse and Foot and engaging with him defeated him took him with many others prisoners having slain about two thousand of the Scots This gave the English firm footing in Fife and they easily took in several places on that side the Frith And now the King was necessitated to