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head_n body_n king_n politic_a 2,735 5 10.6730 5 false
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A81227 A letter to a friend. Shewing, the illegall proceedings of the two houses of Parliament and observing God's aversenesse to their actions. Which caused the authours returne to the king and his alleagiance. A. C.; Cowley, Abraham, 1618-1667, attributed name. 1645 (1645) Wing C7A; ESTC R218153 10,181 20

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c. Touching the opinion raised this Parliament that the two Houses are aboue the King and therefore the King ought and must passe such Bills such Acts as they resolve and offer to him That say the Lawyers is totally false and against all reason law and practice in all ages And in considering thereof they have not bin led by the pamphlets published this Parliament on either side because such like Schoole-Disputants rather endeavour to maintaine their position and side then to discover truth therefore the Lawyers grounded their judgement upon bookes formerly written upon precedent of moderate times when the Kings Prerogative and Subjects liberty both knew and kept their proper bounds The Parliament say they of the 24. Hen. 8 cap. 12. Declares That the Realme of England is an Empire governed by one Supreame Head and King having the Dignity and estate of the Imperiall Crowne unto whom a body politique compact of all sorts and degrees of people by the name of the Spirituality and Temporaliy been bound and one next so God a naturall and humble obedience being by Gods goodnesse endued with plenary whole and entire Power Authority and Iurisdiction within His Realme This body politique no doubt is the two Houses of Parliament and doubtlesse then the two Houses owe this naturall and humble obedience and then sure if the Servant be not greater then his Master to whom he owes his obedience the Creature then his Creatour then the two Houses that as appeares by their owne act for the continvance of this Parliament are called by the King and by Him dissolveable are not above the King that is their breath and gives life to all their actions And it the King be by God endued with plenary power entire Authority and Iurisdiction Consider from whom can the two Houses have their power their authority and Jurisdiction to be above that given by God In Caudries case in the 5. Report fol 10. the King is said to be the Vicar of the Highest King Ordained to governe and rule the Kingdom and People The Parliament in the 25. Hen. 8. acknowledged the Jurisdiction of Kings to be immediatly from God The Statute of the 26 of Hen. 8. cap. 1. declares the King to be the onely Supreame Head in Earth under God of the Church of England and that hee hath Power to redress and reforme all Errors and abuses in the Church In the 26 Hen. 8. cap. 3. the Parliament declares that the King is the onely Supreame Head under God of the Church of England having the whole Governance tuition and defence thereof and of His Subjects And consonant to that is our Statute 1 Eliz. and in our Oath of Alleagiance ordained by Act of Parliament wee and especially the Members of the House of Commons acknowledge and sweare That the Kings Highnesse is the onely Supreame Governour of the Realme both in Ecclesiasticall and Temporall causes And our Lawyers say that the King being the Supreame governour cannot have any Governour naturall or politique as the two houses above him and as hee is the onely Supreame Governour must needs bee above all other Governours either naturall or politique By the same Oath we sweare allegiance to Him and His Heires and Successours which must needs be to his Naturall capacity for his politique cannot have Heires And in the case of the Dutchy of Lancaster Plowd 213. It is resolved that the body politique of the King cannot be severed from his naturall body And then it is ridiculous to thinke much more to say that the politique capacity of the King is included in the two Houses of Parliament when his naturall is absent and dissenting to what they doe If the two Houses could make a Law or Ordioance to binde the Subject without the Kings assent why should not all the bils that passed both houses but had not the Kings assent why should not they be good and valid and binde the Subject they had the Votes of both Houses when full and entire they had more consideration more circumstance all necessaries but the Kings assent to the making of a Law yet these Bills in all ages have beene held naught and invalid And shall the votes of the two houses upon motion of a worthy Member though not a 5th part of either House be present and without the Kings assent shall they make a good Ordinance to repeale five Statutes in the Reignes of Edw 6. and Queene Eliz. as in the Ordinance for the Directory and the booke of Common Prayer all which have stood unquestioned these 100 yeares in which time wee have had 20 Parliaments in which our now Parliament-mens Fathers and Grand-fathers were Members and I believe as wife as honest and as Religious as their Sonnes and Grand-children and they approved they practiced and followed that Liturgy The Parliament 1 Jacob. cap. 1. prayes the Kings Royall assent to a Bill without which nothing say they can be compleate and perfect nor remaine to posterity And Cowell who writ about 40 yeares since speaking of the regally of the King comprised under the title of Prerogative There is not one saith he that belonged to the most absolute Prine in the world which doth not also belong to our King only by the custome of this Kingdome he maketh no lawes without the consent of the three Estates Lords spirituall Lords temporall and the Commons though HE MAY Q●ASH ANY KAVV CONCLUDED BY THEM Then how shall the Votes and Ordinances of a small part of the House be good when against Magn. Char. against the Petition of Right against our Allegiance and Protestation Yet must we venture our lives to murther our brothers and fellow Subject or they us or both to maintaine what they vote though against Law contrary to the Gospell and without precedent But the two Houses do but endeavour to take the King from His Evill Counsellours to bring him to his Parliament where he ought to be present resident or else they may force him yea eradicate three ears of Wheate to destroy one of Tares For that say the lawyers there is no precedent no book unlesse writ within these two yeares But Mr. Hooker alias Vowell who writ about the beginning of Queene Elizab. and is much quoted by Mr. Pryn writing the manner of holding of Parliaments as we may see in Hollinshead 2 part fol. 121 saith that the King is Gods Anointed his Deputy and Vicar on earth the Head of his Realme the Cheifest Ruler on whom wholly and only depends the government of the Estates of the Realme That the King ought to be personally present in Parliament three daies in every Parliament first on the day of appearance secondly on the day when the Speaker of the House of Commons is presented the third when the Parliament is prorogued And for other daies saith the Book he is at his choice to come or not to come And it appeares by the Statute of 3● Hen. 8 c p. 21. That if the King be absent