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A34962 Anti-Baal-Berith justified and Zech. Crofton tryed and cast in his appearance before the (so called) prelate justice of peace in an answer to his seditious pamphlet entituled, Berith-anti-Baal : wherein his anti-monarchial principals are made manifest and apparent, to deserve his just imprisonment : together with an answer and animadversion upon the holy-prophane league and covenant : wherein, according to their own words and ways of arguing, its proved to be null and invalid, and its notorious contrariety to former legal oathes, is in several particulars plainly demonstrated / by Robert Cressener ... Cressener, Robert. 1662 (1662) Wing C6888; ESTC R4964 91,100 91

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the personal consent of the King as they must certainly have if what Croftons dreaming fancy suggests to him be true That they have the Supream Legislative power is such a ridiculous Bull as never was heard or thought of until this frantick Parliament Therefore when either or both Houses without the King take upon them to make Laws they extend beyond the bounds of their Commission they thereby act of their own head not as Representatives And as he saith in another place * p. 109. These things are done by the Members not in their Politick but in their Natural capacities they are not Acts of Parliament but unlawful Facts of Parliament men Thus that Author If he be King of a kingdom saith g Mr. Duncomb then all the people joyntly or severally in his kingdom are under his command and if under his command then he onely hath power to give them Laws be they in one Collective body as in Parliament at the Kings House or Simple bodies at their private dwellings Le Roy fait les Leix avec le consent du Seigneurs et Communs et non pas les Seigneurs et Communs avec le consent du Roy Is the voice of the Common Law the King makes Laws in Parliament with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King Virg. 7. Aeneid Hoc priami gestamen erat cum Jura vocatis More daret Populis And 5. Aeneid Gaudet Regno Trojanus Arestes Indicitque forum patribus dat Jura vocatis The Lords and Cowmons have power onely to propound and advise it is onely the Kings Le Roy le vieult which makes the Law their Propositions and advice signifie nothing if the King saith Le Roy se Avisera It would be strange if the Assembly of the Subjects together should make them Masters over their Sovereign who gave them power to assemble and hath power to turn them home again when he pleaseth Legum ac Edictorum probatio aut publicatio quae in Curia vel Senatu fieri solet non arguit imperii Majestatem in Senatu vel Curia inesse saith Bodin De Repub. lib. 1. cap. 8. The publishing and approbation of Laws and Edicts which is made ordinarily in the Court of Parliament proves not the Majesty of the State to be in the said Court or Parliament It is the Kings Scepter which giveth force to the Law and we have no Law but what is his will Thus far he That there is enough already cited to prove that all our Presbyters prating about the two Houses Co-ordinacy and share and yet their Supremacy too in the Legislative power * Observe this puddle of Treasonable Lawless contradictions but Sharers in a thing and yet Supream which admits of no Co-ordinacy are meer nullities as King James told Cardinal Perron h See his Defence of the Right of Kings p. 14. upon another account Chimerical projects matters of a floating imagination and built upon false pre-suppositions is evident enough to my shallow understanding whatever it may be to those of deeper reach and unless Mr. Crofton thought he should meet with none but Notorious blockheads * P. 195. more blunt witted then a Whetstone as King James tells the Presbyters Compeer the Cardinal upon the Common account for the Popes and Discipliniarians power over Kings he would never have endeavoured to draw people to believe by his perswasion that the two Houses are not onely Co-ordinate and sharers but also rightful owners of the Supream Legislative power But that I may hasten to a final period of my discourse I shall in order thereunto consider Mr. Croftons ready consent to that Seditious Book which the Dreaming Author entitused The long Parliament revived set forth by his Sacred Malignant Brother Drake under the disguised name of Thomas Phillips which first implies the Seditious and Treasonable nature of the subject matter of it and his being ashamed or at lest fearful to own or avow by setting his right name to it And then Secondly his carrying on his Factious ends and purposes with colourable pretences of Loyalty according to the constant practise of the Covenanting Party i See Pres. bytery Popish not Episcopacy P. 7. The credit of whose false Doctrine is well enough known from Dan to Beersheba was the very leaven wherewith the people were first moulded into a sour lump of armed malice against their Sovereign for he knew well enough nothing could be more destructive to his Majesties interest then that Pestiferous Pamphlet he then set forth which being Examined by the Lords and Commons in Parliament in the moneth of November 1660. was found as the Journal saith to be Scanda'ous and Seditious and a charge by them ordered to be drawn up against the Author and the Book to be burned by the hand of the Common Hangman So easie and usual is it for Presbyters to gainsay the truth of what upon serious consideration of the whole loyal body of the Lords and Commons in Parliament was voted Seditious and to be burnt by the hands of Sacred Doctor Dunne the only Phisician for a certain infallible cure of a Covenanters brainsick disease of Sedition and Rebellion and yet so ready to brand others with the black mark of Malignant Popish vipers Illiterate Ignorant Injudicious Court Doctors and Lawyers and Anti-Parliamental Momusses who should so far dare to be honest as to resist a Covenanter in standing up in the defence of the good old English Laws and rejecting and disalowing of the Legislative power so called of the Illegal Arbitrary Votes and Orders of that unparellel'd Rebellious Faction in the two Houses of that Long Parliament which is so Seditiously affirmed to be Revived to embrew the Nation again in Treason and Rebellion in Murther and King-killing for the enlargement of the Kingdom of Jesus Christ. As for his disloyal fancy of the Long-Parliament-Rebels continuance nothwithstanding the Murder of their Onely Supream Head and Governour let him but read Judge Jenkins at large proving before the Regicide what I shall give now but the heads of in brief k That the two Houses did not then act by the Kings Writ but contrary unto it and so their Acts were null That the Act for continuing the Parliament so long as both houses please is void because it is First Against Common right for thereby Parliament men will not pay their debts and they may do wrong to others Impune besides the utter destruction of all mens actions who have to do with Parliament men by the Statute of Limitations 21. Jac. Secondly Against Common reason for Parliaments were made to redress publick grievances not to make them Thirdly Impossible the death of his Majesty * For the King was then alive whom God long preserve dissolving it necessarily Fourthly Repugnant to the Act for a Triennial Parliament and to the Act for holding a Parliament once a year That the end of continuing that