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kingdom_n king_n parliament_n prerogative_n 1,812 5 9.9546 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A31222 Castigio temporum, or, A Short view and reprehension of the errours and enormities of the times, both in church and state and what is the most probable means to cure the distempers in either. 1660 (1660) Wing C1231A; ESTC R28548 14,568 28

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Castigatio Temporum OR A short View and Reprehension Of the ERROURS and ENORMITIES Of the TIMES BOTH In Church and State And what is the most probable Means to cure the Distempers in either Printed at London in the Year 1660. To the READER REader It is more then time for Principlis obstes sero Medicina paratur That thou and I should at last look to our Duties whenas Mankind especially in these Northern Regions are become so faithless and make such haste into forbidden wickedness that not only in Faith and Religion nothing is esteemed which is not New but in Morality also those Noblest Vertues of Justice and Obedience are persecuted as Vices and their Contraries have the Reward which is due to Vertue set upon them A short View and Castigation of the Publique Vices of the Times DOubtless it is a miserable Slavery where the Law is wandering or uncertain Misera servitus ubi Jus est vagum aut incognitum If then it be a miserable slavery where the Law is wandring and uncertain it must be there a more miserable slavery where the Supreme Power from whence all Law is derived is wandering and uncertain for there what can men trust to What security can any man have in his Life or Estate when it is not known where he shall expect it What Meum or Tuum can there be where no man can tell from whence to derive it And if it be true as it is That Justice comprehends in it self all Vertues Justitia in sese Virtutes continet omnes what man can there be just vertuous or honest where he knows not to what to conform his Actions In the beginning of our Distractions whenas Liberty and Priviledge were opposed to Prerogative they who asserted Liberty and Priviledge though then understood and called by one name viz. Parliament yet were compounded of two different Bodies that is two Houses one of Lords another of Commons those called themselves the Kings hereditary Council these the Representative Body of the Kingdom And these two strengthned by their Liberty and Priviledge and aided by their Brethren the Scots drive poor Prerogative out of all to the utter extirpation of it But because all power is incompatible and this power in two and therefore not possible long to consist the Representative Body (a) 6 Febr. 1648. turns the Hereditary Council out of doors and seizes and rifles all Records and Papers in a moment which they had been above eight years a doing And then they say the Supreme Power of the Nation is reduced to the prime and original Fountain viz. the People and by the People to them So that a small part of the House of Commons for above one half were dead or turned out of doors for adhering to the King and the Army turn'd out at one time eleven of them that were left and above one (b) 6 August 1647. half were imprisoned by the lesser part and the Army which intire and whole was not so much as a Court of Judicature but to some things amongst themselves nor had power to take any mans examination ascribe to themselves the Supreme power of the Nation and play such reaks as they became intolerable even to their own creatures who do by them as they had done by the poor Prerogative creatures the Lords (c) 20 April 1653. And then comes I Oliver Captain General of all the Porces of the Commonwealth of England Scotland and Ireland by the advice of my Officers of the Army c. And he himself Taxes and makes Laws But this Scoene is soon altered for the General as he is called summons (d) 4 July 1653. divers men from several parts to White-hall and if you believe Politicus leaning upon a bay window devolves to them the Sureme power of the Nation These are called Parliament too give the General White-hall but no damage to any of them not any of them parted with any thing by this Gift They make a Law too for Marriage by a Justice of Peace and to hang men by a Law a Posteriori that is a Law made after the Fact is committed as you see in their Law for hanging the Saylors It is not hard to finde this Act of Parliament for these did not I think make many more besides these three They say this pitiful thing could not agree in it self nor bear the burthen of the Nation upon their shoulders and therefore (e) 12 Decem. 1653. they return the General all his power again and so the General is as he was and they may go home again and look to their Cattle And then December 16. 1653. the General is sworn Lord Protector and swears to an Instrument of God knows whose making by which the Supreme power of this Nation is in one person and the free-born people of the Nation Sept. 3. 1654. the Protector summons another Parliament as he calls it but with no better success then the former All this while Taxes are imposed distrained for and levied without consent of Parliament Why what is become of the Rights and Priviledges of the English Nation Sure there is no such thing as Magna Charta or the Statute De Tallagio non concedendo But after that the Protector got another company of men 1657. who called themselves Parliament these made or renewed him Protector and gave him power to name his Successor and if you would have believed ita vertere seria ludo at next sitting we should have had the Other House and every secluded Member that should swear as he ought should have power to sit in this House And yet was the condition of this poor Nation as perplexed as ever before The Parliament hath given power to the Protector to nominate his Successor and the Instrument hath given it to the Council and who shall judge between these two What is the power of the Instrument What the power of the Protector What the power of Parliament What is a Parliament VVhich of these is Supreme To whom shall any man make his obedience And to what purpose should the rest of the Members be allowed to sit and another House made when these onely who are now admitted with the Protector can make Laws without them VVhether is the Protector obliged to observe the Instrument or the Humble Petition and Advice having sworn to both Nor would the Protector suffer this Parliament to sit after this expectation so long as to pass one Act conjunctly with the Other House Since Sept. 3. 1658. Death made another alteration by taking away the Protector Oliver by the Grace of God c. and they say that he designed his Son Richard his Successor who did swear they say to protect and govern this free-born people according to the Laws but what the Laws are no man can tell where the Legislator is not certainly known It is a question whether this Protector shall be Richard the First or Second or whether he be by the