Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	authority_n	king_n	power_n	3,463	5	4.8127	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79849	Transcendent and multiplied rebellion and treason, discovered, by the lawes of the land.	Clarendon, Edward Hyde, Earl of, 1609-1674.	1645 (1645)	Wing C4428; Thomason E308_29; ESTC R200392	18,531	28

TRANSCENDENT AND MVLTIPLIED REBELLION AND TREASON DISCOVERED By the Lawes of the Land I had not known Sinne but by the Law 8. Rom. 7. Let our strength be the Law of Justice for that which is feeble is found to be nothing worth Therefore let us lye in Wait for the Righteous because he is not for our turne and he is cleane contrary to our doings he upbraideth us with our offending the Law Wisd. 2. 11. 12. Am I your Enemy because I tell you the truth 4. Gal. 16. Anno 1645. READER INstead of an Epistle thou shalt have my resolution concerning some particulars principally agitated at this time and necessary to be premised 1. Concerning Politicall and Regall Authority and Power and the Author thereof Politicall Authority is the power which the Supreame Magistrate hath over mens Persons and Estates over their Lives and Fortunes and such is the power of a King in his Kingdom And that power with us is to be exercised by the King according to the Lawes of the Land The originall thereof is from God who is the only Potentate The King of Kings and Lord of Lords 1. Tim. 6. 15. and from none other Men or Angells For the Creatures generally are under the Commandements Thou shalt not kill Thou shalt not steale And then cannot by any Authority of their owne warrant any man to take away anothers Life without Murther nor his Estate without Theft Only God who is the Lord of Life and Death the Lord Possessor of Heaven and Earth the Creator of all things and therefore hath a Naturall Dominion over all can Authorize in these cases And he gives this Authority to Kings and other supreame Magistrates his Vicegerents and Deputies here on earth for the administration of Iustice and for the effectuall Restraint of Sinne and Vice by the utmost of Corporall and temporall punishments and for the maintenance of Order and Government amongst men And so the Apostle tells us That there is no Power but of God Rom. 13. 1. And in the Scripture Kings are called Gods Annointed Annointed with power as the Holy Ghost phraseth it Act. 10. 38. Yea they have the Compellation of God himselfe because saith Mr Perkins they partake of his Power in their Authority and of his glory in their Majesty And Daniell tells us thrice in one Chapter That the Kingdomes also are Gods and he giveth them to whom he will 4. Dan. 17. 25. 32. For instance 't is by the Grace of God that our Soveraigne Lord Charles is King of England Scotland c. And in these Kingdomes He constitutes Governours also as he will either by His own Nomination or by Naturall Generation or by the Peoples Election I know that too to the end Popes might usurp power over Kings 't is the Tenent of the Papists and of the Parliament party That the King hath his power from the People and that they may reassume it But this Opinion is founded in Blasphemy loosens the bonds of Loyalty advanceth Popular insolency leads on to Rebellion and ends in Anarchy and Confusion And in truth all the People doe in this case or can doe is this They may in Order to the Divine disposition of things and in some tlaces they doe not without Gods especiall Inclination and direction elect such a one to be their King but they doe not they cannot invest him with Royall Authority and power which he hath from God alone at his Inauguration or first entrance upon his Kingly Office according to that Commission Dixi Dii estis I have said ye are Gods Psal. 82. 6. As in Corporations the Inhabitants doe elect the Major but they doe not conferre on him his Authority which he hath from the Kings Charter only investing him with such power and giving them power also of electing him which they could not have done without speciall Licence from the King And as it is of the Kings singular favour and indulgence that they chose their Governour And as for all their Elections the Major is Minister Regis the Kings Minister constituted in Authority by and under him in that Corporation to represent his Person and to discharge his Offices So it is between God the King and People in poynt of Election and Ministration And as God constituteth every Supream Governour so doth he every kind of Government in the World according to the Confession of the Church of Scotland delivered in these following words We confesse and acknowledge Empires Kingdomes Dominions and Citties to be distincted and ordained by God the Powers and Authorities in the same be it of Emperours in their Empires Kings in their Realmes Dukes and Princes in their Dominions and of other Magistrates in their Citties to be Gods holy Ordinance ordained for the manifestation of his owne glory and for the singular profit and commodity of mankind So that whosoever goeth about to take away or confound the whole State of Cavill Policies now long established we affirme the same men not only to be enemies to mankind but also wickedly to fight against Gods expressed will And hitherto appertaineth that Maxime Qui introducit mala peccat contra voluntatem Dei revelatam in verbo qui nova introducit peccat contra voluntatem Dei revelatam in factis He that introduceth evill things sinneth against the will of God revealed in his word and he that introduceth new things sinneth against the will of God revealed in his workes 2. Concerning the Kings Negative Vote in Parliament which the two Houses would utterly overthrow And to that end they alledge the forme of an Oath in Hen the fourths time which they say the Kings of England usually took at their Coronation and whereby they promise to protect the Lawes and to Corroborate such as the People shall chuse quas vulgus juste rationabiliter elegerit as it is rendred Rot. claus. 1. R. 2. nu 44. which the people shall chuse justly and reasonably And such was not the first controverted Bill of the Militia for it was both unjust to take the Kings Power from him and unreasonable because without the Militia he cannot according to his Oath protect the Lawes And the true sence of that branch of the Oath is expressed by that forme used at the Coronation of Edw the sixth Doe you grant to make no new Lawes but such as shall be to the honour of God and to the good of the Common-wealth and that the same shall be made by the consent of your People as hath been accustomed So that branch in the Kings Oath To Corroborate such Lawes as the People shall chuse must not be understood universally That the King is sworne to passe all those Lawes that the People shall chuse but restrictively that he shall enact only such Lawes as the People have chosen and none other And it is only a restraint and limitation of that absolutenes in Law-making exercised by the Kings of England formerly from which

are they invested with any Superiority over us but are armed with some priviledges against us that we cannot arrest them or their servants during the Parliament And in case of Rebellion and Treason they are no more priviledged then we out of Parliament So then the Lords and Commons'assembled in Parliament are wholly subjected to the King their Persons to his Person and their Votes to his Vote nor are we in any subjection to them or their Votes nor have they Jurisdiction over us nor are we bound to the observance of them in any case whatsoever and our submission to them at any time is an Act of Compliance only and arbitrary and not of obedience and duty And their Votes and Ordinances in this case at this time are not legall Obligations upon but Traiterous Propositions to and publick Invitations of the people to joyne with them and assist them in their Rebellion and Treason And their partakers doe not so properly obey them having no Authority of Command as conspire with them Thus the Lords and Commons of England being alwaies subjected to the King by the constitution of the Kingdome and of the Parliament it is all one whether a Rebellion be hatched and Acted by them in or out of Parliament and if there be any aggravation 't is when perpetrated in Parliament for such Rebellion leaves a Brand upon that Parliament and is a dishonour to all Parliaments it involves in the sinne the whole Kingdome for the present and is an ill president for time to come and how shall we be ever hereafter liable to change and upon change to intestine divisions and to civill Warre it may be if as this doth so other Parliaments shall challenge to themselves absolute power to alter the established Government of the Church and State and if opposed to take up Armes for effecting it as at this day But though the name of both Houses of Parliament be used to Authorize and countenance this Rebellion yet the Lords and Commons generally doe not concurre in this Action But a great part of the House of Commons and a great part of the House of Lords driven from Westminster by the violence of Tumults and upon the Horror of their proceedings there doe oppose it both by their Declarations and by force of Armes And the Lords and Commons now remaining at Westminster are such as are either professed Enemies to the Established Government of the Church and State or malitious against His Majesty and Ambitious of His Royalties or covetous of the Revenues of the Bishops and Deanes and Chapters or lastly such as live in the Counties neare London and within their Associations and comply with them for their private interests And all that those Lords and Commons can truly challenge to themselves is that they are the Ring-leaders in this Rebellion and Treason and that they have made other their Fellow Subjects their fellow Rebells and Fellow Traitors And let such as take part with those Lords and Commons reflect upon themselves and search their hearts and examine their Consciences whether the like Seditious dispositions and perverse affections and ambitious and covetous desires and private respects did not at first engage them in this Warre and whether in their Houses they have not prevented those Lords and Commons rather then observed and followed their commands all along throughout the whole progresse of their Rebellion and Treasons and so whether their compliance be not a Traiterous Conspiracy with the Lords and Commons at Westminster rather then an act of sincere and faithfull Obedience to the Authority of both Houses of Parliament It is observed by antient Parliament-men out of Record that Parliaments have not succeeded well in five cases 1. When the King hath been in displeasure with the Lords and Commons So essentiall is the King's good will toward his Commons that it was one of the Petitions of the Commons to Ed. 3. That the Arch-bishops and all others of the Clergy should pray for it and many times are the like-Petitions for the Lords Alwaies provided that both Lords and Commons keep themselves within the Circle of the Law and Custome of the Parliament 2. When any of the Great Lords were at variance within themselves 3. When there was no good correspondence between the Lords and Commons 4. When there was no unity between the Commons themselves 5. When there was no preparation for the Parliament before it began And there is at this time a 6th unprecedented and unparallell'd case making the present Parliament not only succeslesse but also pernitious even the disloyalty and Rebellion and Treason of a party of Lords and Commons of Parliament who being assisted by the Anti-Episcopall Anti-Monarchicall Faction about London and throughout the whole Kingdom first violate the Liberty of Parliament by Tumults driving away diverse of the Members thereof then they make themselves Masters of the Militia and afterwards they raise an Army as was pretended for the defence of the Protestant Religion the Kings Authority and His Person in His Royall dignity and to maintain the free course of Iustice the Lawes of the Land the Peace of the Kingdome and the Priviledge of Parliament And being in a Military posture and having the power of the Sword they Declare themselves to be the Parliament of England and assume unto themselves a new Capacity of an absolute Body and independent State and they take upon them Authority Legislative and Gubernative and they passe Votes not in Order to the King to be proposed to him and to be enacted by him but by themselves and they publish them not as Lawes in His name but as Ordinances in their own names and to be put in execution not in a judiciary way as our Lawes are by the Ordinary Ministers of Iustice the Iudges and Iustices in their severall Courts and Countryes but by Creatures of their own making their Committees and Sub-Committees and by their Deputy-Lievtenants and in a way Extrajudiciall and Military And they force us to submit to them either by observing and doing what they enjoyn or by suffering what they impose We shall also have when they can agree upon it the like Modell of Government in the Church The Authority to be derived not from the King but from the two Houses of Parliament and to be executed not by Bishops but by Presbyters and such Church-Officers as the two Houses shall think fit to ordaine And howsoever at first they pretended that they took up Armes for defence of Religion c. yet their proceedings have been only against Religion by Law established and against the King and against Regality it selfe and against the Lawes of the Land Magna Charta and the Petition of Right and so against the Liberty of the Subject and lastly against the Peace and the very Constitution and being of the Kingdom And they fight against them that defend these and oppose their usurped power and new

by their preaching and writing to corrupt the judgement of the people and to take off the bonds of Conscience towards His Majesty and to draw the Peoples hearts from the King and to set discord between him and them whereby they should leave him and rise up against him And this is the scope of the Remonstrance published Decemb 15. 1641. The Peoples judgement thus corrupted and their hearts not only alienated from but also set against the King they run head long into Rebellion and first those about London conspire and goe in multitudes to Westminster with Swords and Clubs and with Clamours they revive and presse the matter of the Bill against Bishops formerly rejected And they menace affront assault and chase the Bishops then actuall Members of Parliament so that they could not sit and Vote in the House of Peers and they proclaimed the names of others of the Peers as evill and rotten-hearted Lords And they assault and evill entreat those of the House of Commons who they supposed favoured the Bishops and had Voted against their Bills and against their designe as Sir John Strangswayes c. And as they passe and repasse through the streets they utter seditious and traiterous words against the King and His Government Hereupon His Majesty exhibited Articles of High Treason against the Lord Kimbolton and the five Members the Ring-leaders in this Rebellion For endeavouring to subvert the Fundamentall Lawes and Government of the Kingdome and to deprive the King of his Legall Power and to place on Subject an Arbitrary and Tyrannicall Power For endeavouring by many foule Aspersions upon his Majesty and his Government to alienate the affection of his People and to make his Majesty odious to them For endeavouring to subvert the very Rights and being of Parliaments and as farre as in them lay by force and terrour to compell the Parliament to joyne with them in their designe But the accused Members shelter themselves under the Priviledge of Parliament though it be a maxime in Law that in case of Treason Priviledge of Parliament doth not extend is of no signification and by the power and protection of the City of London and the Counties adjacent And now they begin to put themselves actually into the strength of the Kingdom and they dispose order the Militia of the City of London under the Command of Major Generall skippon and seize on his Majesties Magazine at Hull and commit the custodie of it to Sir John Hotham And the House of Commons Petition His Majesty that the Militia of the whole Kingdome may be in such hands as they should confide in and when the major part of the Lords would not concurre with them the poore people in and about London come in a tumultuous manner to Westminster and they revive presse the matter of Sir Arthur Hasterigges Bill for the Militia formerly reiected and Petition the House of Commons against those Lords as Malignants and disturbers of the peace and desire to have their names declared and threaten to remove them Jan. 31. So they withdrew and the Militia was carried by the remaining party of the Lords In Feb and March they settle the Militia of the whole Kingdome by an Ordinance excluding His Maiesty from any power in the disposition or execution of it In Aprill they possesse themselves of the Navy-Royall And having put themselves into the strength of the Kingdom they seek to overrule the Royall will and power of the King by declaring against his Negative Vote in Parliament May 26. And to compell the King to governe otherwise then according to his Royall Authority and directions as appeares by the 19 Propositions tendred to His Maiesty Jun. 2. And upon His Maiesties Refusall of those Propositions according to the Latitude of their desires they raise an Army Iun. 10. Though His Majesty by his Declaration in answer to those Propositions which concern Religion revives and renews His promises made formerly viz. Decemb. 1. 15. to remove all illegall Innovations and to call a Nationall Synod and to abolish Offensive Ceremonies professing himselfe also willing to a Reformation of the Government and Liturgy of the Church according to His Message sent to both Houses Feb. 14. And though in Answer to the Propositions which concern the choyce of Privy-Councellors and other great Officers of State c. His Majesty promised that He would be carefull to make election of such Persons in those places of Trust as have given good testimony of their Ability and Integrity and against whom there can be no just cause of exception And that if He should be mistaken in His election and they should offend in their severall places He would leave them to the Iustice of the Law to be executed every Trienniall Parliament at the least shewing moreover that if the two Houses of Parliament should have the power of electing them great Factions animosities and divisions would follow thereupon both in the Houses themselves and between the two Houses and in the Severall Counties also Lastly touching the other Propositions though His Majesty had fully declared and shewed that they tended to the depriving Him of the Power of Protecting His People and the Lawes which He is sworne to maintain And to the very deposing of Him and of His Posterity and to the utter overthrow of that Ancient happy equall and well-poysed constitution of the Government of this Kingdome and to the overthrow and ruine of the Kingdome it selfe by destroying Monarchy and therewith Vnity by introducing Aristocracy and Division with it and Democracy and with it Tumults Violence and Licentiousnesse Though the King I say in His Answer to their Propositions had declared promised and shewed this yet they took up Armes without Authority and Commission from His Majesty and so they levy warre against our Soveraign Lord the King His Crowne and Dignity And they encounter in fight and kill such as assist the King and they gave Battell to the King himselfe in Person at Edge-hill They insist also upon the same Propositions at Oxford 1643. And upon the King's refusall of them they prosecute Warre as before Lastly the Parliament of both Kingdomes offer the same Propositions to be Treated on at Vxbridge 1644. wherein also they farther desire the concurrence and consent of the Parliament of Scotland in our Reformation of Religion in the setling and managing of the Militia of the Kingdome and in concluding of Peace and Warre with Forreigne Princes Besides they require the Cessation in Ireland to be made voyd and that the two Parliaments may order the Warre there and the Militia and conserve the Peace of the Kingdome of Ireland True it is that in some points of Regality and Soveraignty the King of England is already restrained and limited so that He cannot rule and governe absolutely as He will as in making of Lawes which He cannot doe but with the