Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	according_a	king_n	law_n	1,830	5	4.8875	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A83701	A disclaimer and answer of the Commons of England, of and unto a scandalous libell, lately published against the Parliament, and espcially the House of Commons and their proceedings: intituled The remonstrance of the Commons of England to the House of Commons assembled in Parliament, and falsely suggested to be preferred to them by the hands of the speaker. Wherein the malicious cavills and exceptions by the libeller taken to the proceedings of Parliament are detected and summarily answered, and the sottish ignorance and wicked falsehood of the libeller cleerely discovered, and the justice of the proceedings of this Parliament and House of Commons evinced and manifested.	England and Wales. Parliament. House of Commons.; White, John, 1590-1645, attributed name.	1643 (1643)	Wing E2573; Thomason E100_23; ESTC R12060	28,839	39

A DISCLAIMER AND ANSWER OF THE COMMONS OF ENGLAND Of and unto a Scandalous Libell lately published against the PARLIAMENT and especially the House of COMMONS and their Proceedings INTITVLED The Remonstrance of the Commons of England to the House of Commons assembled in PARLIAMENT And falsely suggested to be preferred to them by the hands of the Speaker WHEREIN The malicious Cavills and exceptions by the Libeller taken to the Proceedings of PARLIAMENT are detected and summarily answered and the sottish ignorance and wicked falsehood of the Libeller cleerely discovered and the Justice of the Proceedings of this PARLIAMENT and HOUSE OF COMMONS evinced and manifested LONDON Printed by G. M. M.DC.XLIII A Disclaimer and Answer of the Commons of England to a scandalous Libell lately published against the Parliament and especially the House of Commons and their proceedings intituled The Remonstrance of the COMMONS of ENGLAND WE the Commons of England doe not prejudge but upon imature deliberation had of the said Pamphlet and of the Contents thereof doe righteously judge and pronounce the Authour thereof to be no true sonne of our mother but some bastard of Rome and brat of a Iesuite his spirit bewrayes him and his language which is of Ashdod and not of our Canaan belching out the poyson of an envenomed and rotten heart in blasphemies against the Parliament the mother nurse and onely preserver of our Religion Lawes Liberties and comforts under God and against the House of Commons which hath ever been the fastest friend to this Kingdome and the happinesses thereof and against this now House of Commons and Parliament which hath prevented more mischiefes from and procured more good to this Kingdome and our neighbour Kingdomes of Scotland and Ireland then any former Of which we shall shew our selves to be infinitely unworthy and unthankfull for if we should not vindicate them and their fidelity and might justly expect for such neglect to be delivered over unto the extreame tyranny and the miserable effects of it which first by subtilty and cunning workings in a clandestine way and now forcibly by the Sword and hand of Violence is endeavoured to be brought upon us and our posterity and which we had been before this overwhelmed in but that the Lord hath made them his blessed hand to prevent and keepe off the same And when we perceived this Devill incarnate to hide himselfe and vent his impious blasphemies under our name of whom we are very confident he never harboured a good or honourable thought or regarded us more then the dung of the Earth but for his own base and accursed ends we could not be silent least we should betray our innocency and be thought to be such as he is Object The first thing we meet withall in this Libell is That the Authour counterfeits himselfe to be a Physitian and pretends a great cure and propounds speciall preparatives unto it The first speaking in our names to the House of Commons he affirmes us to be still the true body of the Commons of England and they but the presentative Sol. And in this he shews himselfe to beds grossely ignorant as he is wickedly malicious for the House of Commons is a part of us and the choice most excellent and principall part too and not only our Representative and are interessed and sharing in the publike good and evill as much as any and more then most of us Obj. 2 He saith We have not so delegated our power to the House of Commons as to make them the Governours of us and of our Estates and that in truth they are but our Procurators to speake for us in that great Councell Sol. This is a fuller discovery of his sottish ignorance for he knows nothing of the nature of Parliaments that knows not that the House of Commons is absolutely intrusted with our persons and estates and by our Lawes invested with a power to dispose of them as they shall thinke meet not onely by making new Lawes but also as they are a great Court above all our ordinary Courts to governe us and determine of all things proper to the power and jurisdiction thereof in all things tending to the conservation of the Common-wealth and of our Religion Laws and Liberties and to be limitted to be only Proctors to speak for us is senslesse and ridiculous Ob. 3 He saith That in right we ought to have accesse to those whom we have chosen as there shall be cause to impart our desires unto them and that they ought not to refuse us Sol. We never found our selves denied in any matter to impart our desires to that Honourable House petitioning them in a fitting manner when our Petitions have concerned the good peace or safety of the Kingdome things belonging to their jurisdiction but if any of us have petitioned for matters of a private nature of right or wrong between particular persons or in any way or manner not beseeming we hold it fit such Petitions should be refused and they ought not to be heard much lesse accepted that so much forget themselves and their duties Ob. He saith That by involving our Votes in theirs we had no purpose to make the Commons House of Parliament perpetuall Dictators Sol. We ever had a purpose and conceive it necessary to the good of the Kingdome That the Parliament continue together and remain undissolved untill all the Grievances of the Kingdome be redressed and all things in the Kingdome reformed and this we believe was and is by the constitution of this Kingdome an undoubted Right and Priviledge of Parliament for to that end we chose them and are to maintaine them and for that end they are called to doe and consent unto those things which by them are to be ordained in and concerning the difficult and urgent businesses that concern the King and the State and Defence of the Kingdome and of the Church of England as by the Writ of their Election appeares a Book of Entries Parliamēt § 1. And certainly the late practises of our Kings among other Incroachments and Usurpations of theirs to dissolve Parliaments before they have done vvhat they are called for and setled all the businesse that concerne the State and Defence of the Kingdome is against the originall Constitution and end of Parliaments and Rights of the Subject and hath induced great Mischiefes and almost Destruction and slavery upon this Kingdome especially when the same have been dissolved because according to their duties and the trust reposed in them by the Kingdome they have endeavoured to reforme the oppressions done by colour of the Kings personall Command against Law and contrary to the Kings Oath and Office and have been made use of onely to burthen us with Subsidies and Taxes and not to ease us of any unjust burthen or imposition And if this worke for which the Parliament was called were once perfected notwithstanding the Act of continuance of this Parliament which was made by this Bablers assent if

in our Kings amending his Errours acknowledged then we can in his acknowledgement of them and persisting in them yea increasing them notwithstanding his acknowledgements And for the supposed Errours of the House of Commons because the Malice of this fellow scrapes together all that be can imagin to be Errours of theirs and Malice is ever the fullest accuser We will proceede to consider and examine them and if any shall appeare we are confident the House of Commons will not only ingeniously confesse but speedily amend them because we have ever found them really and actively ready and carefull to amend Lawes passed by them and all other things wherein any slip or errour hath happened Object First he saith that under colour of advancing Religion incouragement is given to Anabaptists Brownists and all Sectaries Sol. If to accuse so generally and incertainely shall suffice no Innocent shall escape this malitious envious tongue Where when or how is this incouragement given or by whom If he meane the House of Commons as he would insinuate we cannot receive his accusation for if by the Apostles rule we be not to receive an accusation against an Elder under two witnesses much lesse may we receive it against such a Senate of Elders upon the single testimony of this fellow whom we find a lyer or deceiver in all he saith Secondly We are not ignorant that the Sects he mentioneth were fomented and multiplied in this Kingdome in the time of the reigne and late extreame tyranny of the Bishops to vexe the Puritans under which nick-Name they included all that made any conscience of their wayes on the one side as the Papists were cherished and increased to vex them on the other side for these Sectaries being taken and brought from their Illegall Conventicles to the High Commission Court in great heards and droves found favour and were with some slight reproofe or pecuniary Mulct let goe when a consciencious painefull Minister if he could not swallow a Ceremony themselves proclaimed indifferent was stript of all he had cast into perpetuall prison and destroyed Thirdly We know it doth not belong to the Jurisdiction of the House of Commons to meddle with these Sectaries there being an ordinary open way in inferiour Courts of Justice to punish such Sectaries namely in the Kings Bench and at the Assizes and Sessions Fourthly We know also that what the House of Commons can doe for the suppressing of these Sects hath beene done by them for first they have passed a Bill for a Consultation to be had with Learned Divines about such a Church government and discipline as is agreeable to the Word of God to the end that thereby all Sects may be suppressed and we know where it lyes and in the meane time they have declared and Voted against them to expresse how hatefull they are unto them and how seriously they desire and intend the suppressing of them as a Pag 659. appeares in the Declarations of both Houses of Parliament Ob. Secondly he saith That under pretence of hatred of Popery the Booke of Common-prayer which is established by Law is cried downe by many and all decent Orders in Gods outward Worship and every man left to the dictate of his private spirit and he would have the Lawes against Papists and Sectaries to be put in due execution Sol. We observe that where the Libeller dares not charge the House of Commons plainely and directly with so grosse a lye as crying downe the Booke of Common Prayer he doth maliciously and wickedly insinuate it Wherefore else doth he mention it among the things which he suggests to be Voted Ordered and Acted by them And the punishment of such as cry it downe wee know belongs to the Jurisdiction of the ordinary Courts of Justice not to them But in regard that the Bishops themselves have agreed there are many things in that Booke fit to be reformed and that tender consciences are to be eased of some Ceremonies mentioned in it the House of Commons have thought it to be very unfit that the severity of the Lawes concerning it should be pressed before the assembly of Divines have met and setled it in such a manner as may be inoffensive and more agreeable to holy Scriptures and the rather because it cannot be cleerely proved what Booke is established by Law the Booke which was established and annexed to the Act of Parliament of 5. and 6. Ed. 6. to which Booke the Statute of 1. of the Queene referrs being taken off the File in the first Yeare of Queene Mary by Act of Parliament and destroyed or lost and so no Booke remaining of Record and the Bookes in print so differing among themselves that which is the Booke established by Law cannot appeare And for decency in Gods outward Worship whatsoever is determined to be such by man and not by the Spirit of God in his Word is the dictate of a private spirit a 2 Pet. 20. and mans inventions in Gods Worship are abominable unto God who is not pleased with the devises of our hearts but reserves it peculiarly unto himselfe to teach us how to worship him both inwardly and outwardly and we desire that all voluntary Religion and will-worship and humility b Col 2.23 not directed by Gods Word in which onely we have his minde made knowne c 1 Cor. 2.16 unto us by our Prophet d Ioh. 1.18 Act. 3.22 the Lord Jesus though it have the colour of our Law may be cried downe cast out and removed according to Gods will least he say unto us when we present our worship before him who required these things at your hands Esa 1.12 Ob. Thirdly He saith That under the colour of regulating the Ecclesiasticall Courts and taking away the High Commission Court all spirituall Inrisdiction for the Coercive part therof which is the life of the Law is taken away so as now no hainous crime inquirable by these Courts can be punished no Heresie or Schismes reformed no Church can be inforced to be repaired no Church Officers compellable to take upon them their Offices or performe their duties no Parsons or Vicars can be inforced to attend their Cures or give satisfaction for the paines of them that doe No tithes or other Church duties can be recovered by their Law Sol. Our desire is that the Parliament would be pleased not onely to regulate Ecclesiasticall Courts which were abused to the pillaging of our estates and inslaving of our persons as well as the High Commission Court though in a different degree but that their Jurisdiction in causes Matrimoniall and Testamentary and concerning Tithes repairing of Churches and intermedling with Church Officers usurped upon the Temporall law should be wholly taken away and restored to the Common Law and that Non-residency Idlenesse of Parsons and Vicars and neglect of their Cures should by some good Lawes to be made be made inquirable and punishable in the Common Law Courts where we shall find certaine

the Kingdom the Parliament ought to complain of them unto him in a mannerly and respective and honorable way and if that take not effect they ought to take care that the Laws and peace and safety of the Kingdome be preserved not only without but against his personall will So Bracton Fol. 34. If the King shall be without a bridle that is to say shall not governe according to his Lawes the great Court of his Parliament ought to bridle him And so Parliaments have often done as both our Histories and Records of Parliament abundantly testifie * See the book entituled The treachery and disloyalty of Papists c. Thirdly An absolute Monarch chooses what Councellours he will but the Politick Monarchs great Councell for the weighty affaires and urgent businesse of his Kingdome is in greatest part chosen by the people and the rest have it annexed to their honours conferred or descended as the House of Peeres and these are not his Councell only but the Councell of his Kingdom and people Fourthly An absolute Monarch hath the Forts Ports and Ships of the Kingdome to use and dispose at his pleasure But our Politick Monarch hath none of these but in trust for the use and good of the Kingdome to take order they be used kept and imployed for the good peace and safety of the Kingdome according to Law and not to the hurt or endangering of the safety or peace of the Kingdome as is clearely manifested and proved in the Declaration of Parliament concerning Hull 25. May 1642. And in the Reply to the Answer therof and more particularly and largely in M. Prinns Soveraigne Power of Parliaments 5. An Absolute Monarch hath the Militia of his Kingdome and Monarch in his owne hand and pleasure as in truth the Lives Estates and the Whole of his Subjects are But a Politick Monarch hath no power to compell his Subjects to find Arms or serve with Arms except they be bound thereunto by Tenure or Contract and then but as their Tenures oblige them and can only compell his Subjects that have Armes to shew them in Musters before his Commissioners as appeares cleerely in the Declaration of the Parliament concerning the Commissions of Array lately Illegally granted so far is our King from having power over the Militia of the Kingdome without the consent of his Parliament And there having beene a manifest designe to alter Religion and the very constitution of this our Politick Monarchy by a Malignant party prevailing with his Majesty discovered by the wisedome of the Parliament and so far carried on as in a manner all was become subject to will and power and the Laws neither a defence of our persons nor of our rights and our Judges inforced against their Oathes and duties to comply with them and these Vipers finding the whole mould of their hellish devices to be likely to be broken and Lawes to be made for the establishing of our Liberties and proprieties and vindicating thereof and a through Reformation of the Church in Worship discipline and government to be set upon and resolved by the Parliament they endeavoured to get all the strength of the Kingdome into their hands The Lord Digbies advice in his Letter to the King and to that end perswaded his Majesty to possesse himselfe of the Ports and Forts places of strength as they called them that they might without feare of being brought to Justice for their delinquency by the Parliament have accesse unto him to advance their said designe and seduced the Queene out of the Kingdome and raised Armes by open force against the Parliament to destroy it and therein all our Religion Lawes and Liberties and drive the King to owne and take all those things upon himselfe and forged all the false colours and glosses upon those hellish proceedings of theirs that Jesuited devillish wits can invent to deceive the people and to draw them to become Felons and destroyers of themselves Was there not just cause and was it not high time for the Parliament to take care in such case that the Kingdome should be set in a Posture of defence and that the Ports Forts Magazeenes and Ships should be secured for the Peace safety and good of the Kingdome Was this done by designe surely if this had not beene done we had all ere this beene over-runne with tyranny and we and our Posterity made slaves When the King refuses to doe his duty which by Oath and Office he is bound to doe and imploys any thing he is intrusted withall by his Kingdome to the publike prejudice of him his Posterity and Kingdome It is necessary yea just and Legall that the Kingdomes representative the great Court the Councell of the Kingdome should seise upon secure and use the same to the publike defence and for the publike good and prevent the Kings satisfying the base lusts of a few wicked Councellours and Sycophants that would raise themselves on the ruines of the Common-wealth And though many parts of the Kingdome have been wasted and grievously spoiled by forraigne Enemies of which there are very many in the Kings Armies brought from beyond the Seas in great numbers and though we have felt their heathenish and barbarous cruelties this fellow would perswade us they never appeared And though the preservation of the Kingdome against forraigne Enemies were one cause of the Parliaments taking the Forts Ports and Ships into their hands power and disposition yet that was not the only cause as appeares in their Declaration * Declar● 2o. Martij 1641. And the Ordināce for the Militia Ob. Eightly he saith That they who refuse to joyne in this Warre with the Parliament or to contribute unto it they plunder as Malignants and ill affected to the Commonwealth although he sees not how it can be lesse then Treason against the King to joyne with the Parliament therein Sol. We verily beleeve the wayes of the Parliament to be very just and full of reason and Legall to inforce them that have Estates and will not help to quench the publike fire kindled in the Kingdome by the Enemies thereof nor to preserve the Parliament which preserves their Religion Lawes Liberties and all from tyranny and violence with some small part of it and to judge them Malignants and Enemies of their Countrey Did not the Inhabitants of the County Palatine of Duresme when the Scots had broken in upon them to redeeme their Countrey from plunder and spoile compound with the Scots for 1600 Markes and breake open the Chest of William Heburne and take 70. pound from him by force in such a necessity for the publike safety to help make up the summe when he would not let them otherwise have it and was not this judged lawfull by all the Judges of the Kings bench in a Writt of Errour brought Mich. 14. Ed. 2d. Rot. 60. and a Legall plundering and other plandring the Parliament never commanded or countenanced And though this fellow blinded with Malice