Selected quad for the lemma: friend_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
friend_n answer_n gentleman_n letter_n 942 5 7.5099 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A66906 Two treatises the first proving both by history & record that the bishops are a fundamental & essential part of our English Parliament : the second that they may be judges in capital cases. Womock, Laurence, 1612-1685. 1680 (1680) Wing W3355; ESTC R34097 35,441 39

There is 1 snippet containing the selected quad. | View lemmatised text

of more note and credit than perhaps he was yet he must needs fall short in all respects both for Abilities and Reputation of Chief Justice Coke whose Judgment to the contrary we have seen before But 3ly it runs cross to the ancient practice of the Saxon Times in which the Bishops sate in Parliament as Spiritual Persons without relation to their Temporal Possessions or their Barons Fees as afterwards in the Reign of the Norman Kings And finally admitting that Kilbancies Plea were of weight enough to keep the Bishops down from rising to their place in Parliament it must be strong enough to exclude all the Temporal Lords The Temporal Lords being called to Parliament on no other ground than for the Temporal possessions which they hold by Barony Adeo argumenta ab absurdo petita ineptos habent exitus said Lactantius truly It is the Fate said he of ill chosen Premises that they produce ridiculous and absurd Conclusions There remains one Objection more and indeed the greatest not extant in the Pamphlet before remembred though possibly promoted and occasioned by it that is to say that the Bishops are excluded from their Place and Vote by Act of Prrliament deliberately made and passed by the Kings consent For answer whereunto it will be necessary first to state this Question viz Whether that any two of the the three Estates concurring or agreeing together may conclude any thing which tends to the Subversion of the third Bodinus that renwoned Statesman hath resolved it negatively and determined thus Nihil a duobus ordinibus discerni posse quo uni ex tribus incommodum inferatur c. (†) Bodin de Rep. l. 3. c. 7. That nothing can be done by two of the three Estates to the disprofit of the third in case the point proposed be such as concerns them severally and he resolved thus in favour of the Commons of the Realm of France who were upon the point of being excluded from the Parliament or Convention of the three Estates if he had not notably bestirred himself in their behalf he being then a Delegate or Commissioner for one of the Provinces and by his diligence and care preserved their Interests and to preseve their Interest he insisted cheifly on the antient custom of the Realm of France as also on the Realm of Spain and England and the Roman Empire in each of which it was received for a ruled Case Nihil a duobus ordinibus statui posse quo uni ex tribus prejudicium crearetur That nothing could be done by any of the two Estates unto the prejudice of the third And if it were a ruled Case then in the English Parliaments there is no reason why it should be otherwise in the present times the Equity and Justice of it being still the same and the same reasons for it now as forcible as they could be then Had it been otherwise resolved of in the former ages wherein the Clergy were so prevalent in all publick Counsels how easy a matter had it been for them either by joyning with all the Nobility to exclude the Commons or by joyning with the Commonalty to exclude the Nobles Or having too much Conscience to venture in so great a change and alteration so incompatible Inconsistent with the Constitution of a Parliament how easily might they have suppressed the Potency and impair the Priviledges of either of the other two by by working on the humors or affections of the one to keep down the other Nor doth it help the matter in the least degree to say that the Exclusion of the Bishops from the House of Peers was not done meerly by the procurement of some of the other two Estates but by the Assent of the King of whom the Laws say He can do no wrong and by an Act of Parliament whereof our Lawyers say que nul doit imaginer chose dishonourable that no man is to think (†) Plowden in Commen dishonourable For we know well in what condition the King was when he passed that Act to what extremities he was reduced on what terms he stood how he was forced to withdraw from his City of London to part with his dear Wife and Children and in a word so over-powred by the prevailing Party in the two Houses of Parliament that it was not safe for him as his Case then was to deny them any thing And for the Act of Parliament thus insisted on besides that the Bill had been rejected when it was first brought unto the Lords and that the greater part of the Lords were frighted out of the House when contrary unto the course of Parliament it was brought again it is a point resolved both in Law and Reason that the Parliament can do nothing to the destruction of it self and that such Acts as are under a constraint are not good and valid whereof we have a fair example in the book of Statutes (†) 15 Ed. 3. For whereas the King had granted certain Articles pretended to be granted in the Form of a Statute expresly contrary to the Laws of the Realm and his own Prerogative and Rights Royal mark it for this is just the case which he had yeilded to eschew the dangers which by denying of the same were like to follow in the same Parliament it was repealed in these following words It seemed good to the said Earles Barons and other wise men that since the Statute did not proceed of our Free Will the same be void and ought not to have the name nor strength of a Statute and therefore by their Counsel and Assent we have decreed the said Statute to be void c. Or if it should not be repealed in a Formal Manner yet is this Act however gotten void in effect already by a former Statute in which it was enacted in full Parliament and at the self same place where this Act was gained That the Great Charter by which and many other Titles the Bishops held their place in Parliament should be kept in all points and if any Statute be made to the contrary it shall be held for none (*) 42 Ed. 3. c. 6. 1. More Arguments than these against the Bishops Place and Vote in Parliament I have no where found And these being answered and refelled I hope the point in question hath been fairly proved viz. That the Bishops make a Fundamental and Essential part of our English Parliaments AN ANSWER TO THE GENTLEMAN'S Letter to his Friend SHEWING THAT BISHOPS MAY BE JUDGES IN Causes Capital PSAL. 82. 1. Deus stat in Congregatione Dei in medio Deorum judicat LONDON Printed by Tho. Braddyll for Robert Clavell at the Peacock in S. Pauls Church-Yard 1680. AN ANSWER TO THE GENTLEMAN's Letter to his Firend SHEWING THAT BISHOPS MAY BE JUDGES IN CAUSES CAPITAL SIR I Thank you for the Gentleman's Letter you sent me touching the Right of Bishops sitting as Judges in Cases Capital This Order of Men is not Sacred enough it seems