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duty_n authority_n king_n prince_n 1,000 5 5.4654 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A47935 Tyranny and popery lording it over the consciences, lives, liberties, and estates both of King and people L'Estrange, Roger, Sir, 1616-1704. 1678 (1678) Wing L1321; ESTC R16131 33,544 96

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Acts of Parliament Ninthly It is Lawful for Subjects to make a Covenant and Combination Without the King and to enter into a Bond of Mutual Defence Against the King and all Persons whatsoever tho' against several Acts of Parliament Tenthly It is Lawful for themselves sitting in an Assembly to Indict a New Assembly without the King's Consent Eleventhly If Subjects be convented before the King and Council for any Misdemeanour they may Appeal from the King and Council to the next General Assembly and Parliament if they think either the Glory of God or the Good of the Church concern'd in the Matter in Question Twelfthly They do not desire the King to Indict a General Assembly as needing his Authority but rather for his Honour and for the Countenance of their Proceedings Alledging that if the Prince shall omit to do his Duty the People from whom he had his Power Originally may Resume it Thirteenthly If the King's Voice shall be deny'd to any thing tho' never so Vnjust and Illegal that shall be carry'd by the Major part of the Assembly his Majesty is bound Jure Divino to enforce Obedience to to those Acts and the Counsellors or Judges refusing to Execute shall be Excommunicate and depriv'd of their Places and Estates Fourteenthly An Assembly may Abrogate Acts of Parliament and discharge the Subject from Obeying them if they any way reflect upon the Business of the Church Fifteenthly The Protestation of the Subjects against Laws Establish'd either before the Judges of the People or the People themselves who are born to be Judg'd doth void all Obedience to those Laws without ever bringing of them to be discuss'd before a Competent Judge Sixteenthly The Major part of the People may do any thing they say which they Themselves conceive Conducing to the Glory of God and the Good of the Church any Laws to the Contrary notwithstanding These Positions you will find in his Majesties Large Declaration concerning the Tumults in Scotland pag. 407. et Deinceps We shall now see how the Counterpart of this Confederacy behav'd it self in England And shew you the Doctrine and Principles of the Faction in the very Infancy of the Rebellion as appears out of their own Acts. See Husband 's Exact Collections Printed in London 1643. The Positions of the English-Covenanters and First In Case of the King's Authority AFter that the Faction had Extorted from his Late Majesty such Concessions as never any Prince granted before Himself And when they had Defam'd his Government and his Person and Poyson'd his People with Contemptuous and Scandalous Libels Upon March 2. 1641. They began to Vnmask and to discover to the World that their Design was not to Reform but to Govern and upon Pretence of Fearing an Invasion from Abroad took the Power of the Militia into their Own Hands at Home Resolving upon the Question p. 96. That the Kingdom be forthwith put into a Posture of Defence by the Authority of Both Houses This Vote was seconded by Another of March 15. pag. 112. That in Case of Extreme Danger and of his Majesties Refusal to give them the Power of the Militia the Ordinance agreed on by Both Houses for the Militia doth Oblige the People and ought to be Obey'd by the Fundamental Laws of this Kingdom His Majesty insisting upon the Illegality of This Proceeding Both Houses pass'd this following Vote March 16. That when the Lords and Commons in Parliament which is the Supreme Court of Judicature in the Kingdom shall Declare what the Law of the Land is to have This not only Question'd and Controverted but Contradicted and a Command that it should not be Obey'd is a High Breach of the Privilege of Parliament pag. 114. Finding themselves Pinch'd upon this Point they fly to a Distinction betwixt the Letter and the Equity of all Laws pag. 150. There is say they in Laws an Equitable and a Literal Sense His Majesty is Entrusted by Law with the Militia but 't is for the Good and Preservation of the Republique against Foreign Invasions or Domestique Rebellions not that the Parliament would by Law Entrust the King with the Malitia against Themselves or the Common-wealth that Entrust Them to provide for their Weal not for their Woe So that upon Certain Appearance ●or Grounded Suspicion that the Letter of the Law shall be emprov'd against the Equity of it the Commander going against its Equity discharges the Commanded from Obedience to the Letter The Pretence of Defending the Government is now Advanc'd to the Reforming of it Apr. 9. 1642. The Lords and Commons do Declare That they intend a Due and Necessary Reformation of the Government and Liturgy of the Church pag. 135. Having already by Violence Encroach'd upon the Militia as against a Foreign Power the First Considerable Use that they make of it is to Employ it against his Majesties Authority and Person Before Hull and Pass'd Two Votes Apr. 28. in Justification of the Action Resolved c. That his Majesties declaring of Sir John Hotham Traytour being a Member of the House of Commons is a High Breach of the Privilege of Parliament And That without Process of Law it is against the Liberty of the Subject and against the Law of the Land Nay they Vote it May 17. To be against the Law of the Land and the Liberty of the Subject his Majesties Commanding of Skippon to attend him at York and The very Removing of the Term to York from Westminster sitting the Parliament they Vote to be Illegal and Order the Lord Keeper notwithstanding his Majesties Command not to Issue out any Writs or Seal any Proclamation for that Adjournment May 20. They Order also the Putting of all the Magazines in England and Wales into the Hands of Persons well Affected to the Parliament pag. 194. They find themselves now in Condition to Threaten the King and the Kingdom with Open War And pass upon the Question these Three following Votes First That it appears That the King Seduc'd by Wicked Counsel intends to make War against the Parliament who in all their Consultations and Actions have propos'd no other End unto themselves but the Care of his Kingdoms and the Performance of all Duty and Loyalty to his Person Secondly That whensoever the King maketh War upon the Parliament it is a Breach of the Trust reposed in Him by his People Contrary to his Oath and tending to the Dissolution of his Government Thirdly That whosoever shall Serve or Assist him in such Wars are Traytors by the Fundamental Laws of this Kingdom c. And Persuant to these Votes July 12. they Resolve That an Army shall be forthwith Rais'd for the Safety of the King's Person Defence of Both Houses of Parliament and of Those who have Obey'd their Orders and Commands and preserving of the True Religion the Laws Liberty and Peace of the Kingdom pag. 457. All these Votes and Declarations they cause with all Solemnity to be Printed and Publish'd but at the