Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	parliament_n	writ_n	1,771	5	9.5540	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87143	Peace and not warre: or The moderator. Truly, but yet plainly, stating the case of the Common-VVealth, as to several of the considerable councils & transactions from the year 1636. to 1659. By John Harris, Gent. An affectionate lover of his countryes peace.	Harris, John, Gent.	1659 (1659)	Wing H859; Thomason E1000_25; ESTC R202581	28,992	53

these considerations amongst others induced them to press the Protector to consent to their orderly dissolution which at length he granted and caused to be done by Proclamation thereby putting at that present a check to the design which now hath manifested it self and without all manner of question had been on foot sooner by some months had that power been continued Being freed from that fear they cast about for future security and in order thereto by a Declaration invite the Parliament called by the King chosen by the people and continued by a Law made in full and free Parliament who in the day of Englands greatest straits stood in the Gap and on whose Councells and actions so perfect an Impresse of the power and owning of God was engraven in indelible Characters I say calling to mind what foundations of justice freedom and security to all persons either fearing God or living peaceably was by them laid in the settlement of a free-State without a King or house of Peers they not onely invite them to the exercise of the power from which they were illegally forced by their late Generall but also engage themselves to stand by them and defend them against their and the Nations Enemies Upon their meeting or immediately after the Protectorship ceases and all things are reduced as nigh as may be to the order they were in when the force was put upon them I shall not trouble the Reader with a journall of their proceedings since the Press abounds with subjects of that nature onely in respect I find much dissatisfaction upon the Spirits of some persons that are otherwise well-affected who scruple their right to the exercise of the Supreame Authority and some such other frothy exceptions I shall in a sober manner offer to consideration the following particulars 1. That this Parliament was called by the Kings Writ and freely chosen and sent up by the Country as their Representatives and as such owned by the King 2. Whereas it is objected that the death of the King did dissolve them it is answered That it is true in all Parliaments but this and had not they been continued by an act the death of the King had dissolved them also but if the death of the King could not repeal that Statute which is undeniable then is their power of sitting warranted by Law and in this case there is no Interregnum otherwise by the same rule upon the death of the King all the Lawes of the Land must lose their force and the Government divolve into its first Choas which were madness for any man to imagin 3. Whereas it is further alleadged that although they were continued by an act yet they were then a full and free Parliament consisting of three Estates according to the Ancient Constitution of England it is answered That the peoples Representatives the Commons Assembled in Parliament were the Originall Authors and Founders of that Constitution pleaded for and as former Parliaments had the liberty of establishing that form of Government which in that Age might to them seem good and convenient or at least being under a force notwithstanding many struglings to obtain their Freedomes were necessitated to take what the Tyrants would afford them the truth whereof the contentions between the Kings and people in all Ages about the great Charter of Liberties doth plainly demonstrate I say be it upon which side soever the peoples now Representative have as good a power to alter the form then established and to introduce a new one if by them deemed most suitable and advantageous to the people that intrusted them as the former Parliaments had to establish that otherwise the power of repeal of Lawes though never so destructive to the people is taken from them and they that upon the clearest principle of reason and Law are the most proper judges are rendred but Cyphers altogether useless and unnecessary But as to the main part of the objection the Parliament consisted of three Estates viz. Lords Spirituall Lords Temporall and Commons for in the Constitution of our Parliaments I do wholly exclude the King who is in the judgement of Law deemed Major singulis sed minor universis and so cannot be brought into ballance with the Parliament who according to the practise of former Ages before the Conquest to which Governments the Conquerers submitted Parliaments were the great and onely Conciliators by whose Councells the Kings were wholly directed they having onely a power of advising with but not of imposing upon the Parliament as to the election or repeal of Lawes as by Ancient Records if examined will evidently appeare the late practice now pleaded as a principle having by degrees been introduced and imposed on the people and that which was a violation of their Charter of Liberties onely warranted by Custom against Law But now there are no Lords and not half the number of Commons that by the Law is allowed to constitute an House It is answered That when the Parliament was thus constituted and continued with one consent they agreed in a publick Remonstrance wherein they unanimously declared not onely what were the Grievances of the Nation by reason of the misgovernment of the King and his evil Council but do also engage themselves to act as one man for the reformation of the abuses both in Church and State and this I call the Good old Cause at first owned and asserted by the Parliament In their endeavours to accomplish these ends undertaken so solemnly and upon such serious grounds they meet with many obstructions and the King endeavouring to protect Delinquents by forsaking the Parliament and leavying of war many of the Lords and Commons that had espoused the said good cause and in their judgments declared it to be so basesly apostatized and joyned with the King against the Parliament of whom they were Members and with whom they had engaged for the obtaining a Reformation and I hope if they were called by Writ to sit at Westminster without an adjournment of the whole they could not upon any legal account set up a Juncto at York or Oxford and in doing thereof I hope it will not be denied but that they justly forfeited their priviledge as Members and brought themselves under the judgment of the Parliament for such their treasonable desertion And thus one part of your Lords and Commons so much pleaded for are rightfully divested of that Authority As to your Lords Spiritual They were those that had introduced those Innovations in Church-worship and in order to the supporting themselves therein had set on foot the Scotch war and therefore when they saw the Parliament endeavouring to strike at the root and that they as principal instruments in mis-leading the King were like to feel the lash of the Law they being back'd by a part of the Lords Temporal and Commons engaged in the same compact make a protest against the Proceedings of Parliament and for that unparallell'd and treasonable breach of Priviledge

debts were paid as well as the Armies and Navies so that in a short time England had probable hopes of great ease as to an abatement of their Taxes especially if an as honourable and advantageous peace had been made with the Dutch as this Power proposed insisted on and for denyal whereof they undertook that war But if you remember further there hath been a Spanish war set on foot without the consent of Parliament and therein not onely many mens lives lost but much Treasure hath been expended and not onely so but vast debts at home and arrears abroad contracted and owing both to the Armies and Navies besides the charge of a Court for the inferiour part of it more luxurious than the Kings By all which means great debts now lie upon the Parliament although you know what an exceeding great encrease of Excise was granted by one of his Conventions to the discouragement if not ruine of Trade now I say this was Englands nay give me leave to speak it to the shame of many it was even the fault of those who had most reason to assert the parliamentary interest had not we repined and like ignorant children eagerly desired a change in expectation of better things we had not in this manner met with worse neither had the General though his Army had been united to him which we know for the generality were surprized dared to have attempted their dissolution or his own usurpation but we like a company of weather-cocks are now so Frenchified that every new Fingle-fangle takes us and we are more ready to run with our flattering addresses to them that forge strong chains for our heels I might say hearts than those that endeavour to recover and secure our freedoms I need not mention the present occasion the charge is visible in your eyes Now pray how shall these debts be paid The decay of Trade which you all experience and complain of renders the Revenue of the Customs and Excise very inconsiderable and what other Incomes may happen is uncertain you see there be enemies at home and you have reason to suspect foes from abroad besides the visible necessity of a considerable strength to ballance the discontents of honest men who as the case stands are hardly to be trusted with the keeping of their own peace now I say upon all these considerations how can you charge the Parliament You would have a Protector and still strive for a King nothing but a single person will please you and yet although you lay all these foundations to contract debts you are loth to have any hand in the payment but soft and fair self do self have if you will have Princes you must maintain them and if your discontents endanger the peace it is a necessary duty incumbent upon the Parliament to keep an Army to prevent you Englishmen are almost turn'd Bedlamites and were not the Lash threatned Harmony would be turn'd to Discord Cain would slay poor Abel and all Parties like Sampson and the Philistines would dye together though probably their expectations may be otherwise I know to serious men I have said enough as to this Subject and for self-will'd persons all that can be said is too little because they are wedded to their own fancies Discontented persons desire no satisfaction and Malignant ones deserve none I shall therefore proceed to offer some few Quaeries to the consideration of all Parties that take themselves to be concerned in the peace and prosperity of England and submit all to the consideration of the unprejudiced Reader 1. Whether it be by any rational man supposed That the Kings of England as single persons had their power and magistracy by the immediate designation of God 2. Whether if not by Gods immediate appointment it was not attained by force or fraud or conferred upon them by mutual compact and agreement for society and safety sake 3. Whether if so conferred the people conferring was not the supreme Authority 4. Whether it can upon any principles of Reason be imagined That the people thus sensible of the benefit of Society and in order thereto making choice of such a form of command and subjection did not also by some equal rules ballance the power to prevent Tyranny in their King and Slavery to them and their posterities 5. Whether if the power were attained by force or fraud although for a time the people for necessity sake do submit may they not throw off that Yoke and recover their freedoms if by any means they can 6. Whether in case of compact the King taking upon him the Government upon Condition of performance and that upon oath solemnly taken in the presence of the people he shall notwithstanding act according to Will and not Law thereby rendring that which was intended for the common good a common mischief I say whether in this case the people are tied up to a slavish servile Obedience and left without all manner of remedy either of divesting him of that Authority or of calling him to an account or judging him by the said compact and agreement and if so upon what principles of Reason or Prudence could they submit to such a slavery 7. Whether if the people may call their King or supreme Magistrate to an account they may not elect another or choose and establish any other form of Government to them appearing most conducible to their safety 8. Whether any Government be more likely to answer the great ends of the people than when their Laws are made by their Representatives equally elected and limited as to the exercise of that power so that he that commands this year shall taste of subjection the next and therefore will be careful how he entails slavery upon himself and posterity the Law binding all alike and not saying Thou shalt not kill but I may but whosoever sheddeth mans bloud by man shall his bloud be shed and so in all other cases 9. Whether the present Parliament be not the most likely persons to establish a Government upon the most equal principles of Freedom that have so frequently declared for it so zealously contested against Tyranny even unto the bloud of the Tyrant and remain so solemnly engaged to God and man both by their own Declarations Promises and Principles according to the best of their judgments to accomplish it and that as a testimony of their thankfulness for the eminent deliverances that God hath given them in their endeavours to obtein it 10. Whether the discontents of the people and endeavouring to bring in a Family that it is to be feared God hath set his face against for evil may not onely provoke God to deal with England as with Israel of old and give them a King in his wrath but also bring a judgment of war upon this Nation with the miseries accrewing and then when it is too late men will wish for that peace which now is so irksome and troublesome 11. Whether if the present Parliament