Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	king_n	power_n	regal_a	4,712	5	11.5491	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84002	Englands sole remedy: or, A vvholsome directory, for the recory [sic] of our languishing kingdome: drawn from the law of God, and the land. Containing some necessary and pertinent queries, with their resolutions, by Scriptures, law, and reason: very fit and convenient to be thought upon by all Englishmen, for the begetting of a sure, safe, and well-grounded peace. Collected and intended for the good of all. By a lover of peace and truth.	Lover of peace and truth.	1648 (1648)	Wing E3053; Thomason E453_7; ESTC R201935	9,161	16

the Land may determine herein I leave unto them studied in that Profession onely heare what the Civill Law saith in such a case concerning Councellours failing in their trust Si quid praeter spem accesserit non inveneris eum custodientem tibi fidem justam illum quidem expelles alio verò uter is consiliario legem justitiam cùm puris servante manibus Par. Vol. Col. 3. de Mand. Princip Titul 4. If any thing shall fall out besides hope and thou shalt not find him keeping right faith with thee thou shalt expell him but thou shalt use another Councellour which keepeth the Law and Justice with pure hands and if this sentence was justice upon one private Counsellour how much more upon publike Parliament-men which have failed in all trust and fidelity But herein I will but onely hint what may be the judgement of the Holy Ghost whereunto all other Reason Law and Authority ought to vaile and submit and it shall be thus amongst many conditions requisite to make a man a fit inhabiter of heaven the Psalmist Ps 15.4 gives this for one that he that sweareth to his own hurt and changeth not he then that sweareth to his owne good and the good of the weale publike and changeth shall never abiding in that condition come in heaven but least they should take a starting hole at the Old Testament let them undergo the sentence of the New wich is this that Covenant-breakers are in number of them who knowing the judgment of God that they who commit such things are worthy of death not only to do the same but to have pleasure in them that do them Rom. 1.31 32. Thus you see it is an invincible truth that the Speaker of the lower House having the first day of this last PARLIAMENT promised in the name of the Commons that they should not abuse but have such regard as most faithfull Subjects ought to have to their Prince considering their cariage towards him for these severall yeares have thereby forfeited their honour trust right and interest in the Common-wealth Quaere 12. Whether or no the two Houses by dissolving the privy Counsell did not dissolve a greater and more honourable authority then themselves Resol The very termes of this Quearie lay down the state thereof for it is whether the two Houses not the Parliament by dissolving c. And thus it falls clearely into the Affirmative for the Kings power lies habitually and originally in himselfe but more actually and effectually in his Privy Counsell which makes a King in the exercise of his Regall Power and his Privy Counsell inseparable and the Law of this Land makes the Privy Counsell of greater honour and authority then the remaining part of a full and lawfull Parliament My reasons are these 1. It appeares so by their place and order confirmed by Act of Parliament St. 31. Hen. 8 10. 2. It is an order in well regulated Parliaments if any speak unreverently or seditiously against the Prince or the Privy Counsell to send them to the Tower Sir Thom. Smith Common-weal of Engl. Book 2. Chap. 3. 3. The Parliament Law of the Land makes it good St. 28. Ed. 2. the words are these Neverthelesse the King and his Counsell do not intend by reason of this Statute to diminish the Kings right c. Where you see the Statute there sets both the King and his Counsel above the Parliament as it is confirmed again St. 33. Ed. 1.20 The King and his Counsell and they that were present at the making of this Ordinance will and intend that the right and Prerogative of his Crown shall be saved to him in all things where the King and his Counsell are preferred before all that were present in Parliament The two Houses therefore by dissolving the Privy Counsell did dissolve a greater and more honourable Authority then themselves Quaere 13. Whether or no the usage of the two Houses in their mannaging of affaires for these late yeares being approved may not become president unto other inferior Courts to all in their severall limits and jurisdictions without Law Statute Ordinance or other lawfull Edict Resol What is to be said of this the late and present Practise of the Army the severall Committees Sequestrators and Excize men do give a sad and deare experience in all of them by their acting not only contrary unto Law and Conscience but even contrary to their own Ordinances whence it followes that the usage of the two Houses in their mannaging of Affaires for these late yeares being approved may become a president unto every other inferiour Court to act in their severall Iurisdictions without Law Statute Ordinance or other lawfull Edict FINIS POSTSCRIPT COurteous Reader since the Authors composing of this he hath made another piece called a Commission or Position wherein it is proved to be lawfull to labour and endeavour for the Restitution of his Majesty though without Commission for the same

ENGLANDS Sole Remedy OR A VVholsome Directory for the recory of our languishing Kingdome Drawn from the Law of God and the Land CONTAINING Some necessary and pertinent Queries with their Resolutions by Scriptures Law and Reason very fit and convenient to be thought upon by all Englishmen for the begetting of a sure safe and well-grounded Peace Collected and intended for the good of all By a Lover of Peace and Truth Printed in the Yeere 1648. To all English Subjects REader whoever thou art Peace is that we all cry out for and that we all seek after but few there are which in a right way endeavour thereafter wherefore in this juncture of time to help forward so good and blessed a worke it may be very seasonably advantagious for all English Subjects seriously to consider of some Queries and their Resolutions concerning the Politicall frame and constitution of this our Kingdome which being well and conscientiously thought upon and digested into act doubtlesly would beget a sure sound and well grounded peace which out of a reall and sincere affection and indeavour thereafter I have composed and contrived as followeth wherein thou shalt finde me Thine in Christ Jesus Christianus Philopater Englands sole Remedy Quaerie 1. Monarchicall that is government 〈◊〉 one which is a King Aristocraticall that is government by a few of the best Nobles Origarchicall that is government by a few of the most wealthy and powerfull VVHether the government of this Kingdome which hath ever been Monarchicall since His Majesties departure from the two Houses hath been Aristocraticall or Oligarchicall Resol In the resolving of this Quaerie it is observable that the matter doubted is the ordering and mannagement of the affairs of this Kingdome by the two Houses at Westminster within a certain time which is from His Majesties departure from them unto this present wherein the shaken and tottered condition of our distressed Nation hath wrested out a straine very improper thereby seeming to take it for granted that the exercise of the two Houses over this Kingdome since His Graces departure from them hath beene a government which will not beare water for these reasons Reasons why the usurpation of the 〈…〉 cannot 〈…〉 be a Government 1 No Common-wealth may be said to be governed but by lawfull Authority which lawfull Authority where there are established Lawes and Sanctions doe uphold and maintaine the rule and power of that Government which the Laws and Sanctions of this Kingdom do not uphold and maintain in the two Houses wherefore must it needs be most certaine that they have no authority for their over-swaying of this Kingdome since his Majesties departure 2 In this Kingdome where there are established Lowes and Sanction that cannot be said to be government but what is in conformity and obedience unto the said established Lawes and Sanctions therefore their managing of the affaires of this Kingdome contrary and in opposition unto the Lawes of our Nation by an arbitrary and tyrannicall power must needs conclude their usurpation to be no Government 3. Because the end of Government is the good and perfect state of the Common-wealth which cannot be kept but by an union of the whole whereas they have made the greatest disunion that can be imagined by disjoynting and rending this Kingdome in neglecting the Lawes thereof and begetting severall factions divisions and parties therein wherefore their undertaking the rule and command of this Realme is an absolute usurpation and no Government which phrase in this Quaerie is to be understood as they pretend themselves to be Governours and others doe confesse themselves to be governed by them which taken in their owne sense cannot be said to be Government Monarchicall which is the state and constitution of this Kingdome seeing they have ever since acted not onely besides but against his Majesty contrary unto both the Law of God and the Land therefore if their usurpation must be accounted for a Government it must either be Aristocraticall or Oligarchicall whereof it cannot be the former that is Dominium Optimatum Government by the best Nobles for this hath been in that sense Regimen Communium the government of Commons by a few or a party of the lower House of Commons therefore must it needs be Oligarchicall because it is an usurpation of a few of the said House who contrary to Law have exploded the gravest wisest best learned and most conscientious men from amongst them not suffering them to performe that trust which their Countrey had committed to them wherefore the Resolution of this first Quaerie must be thus that since His Majesties departure from the two Houses this Kingdome hath been tyrannized over by an Oligarchy Quaere 2. Whether or no it may be accounted a sinne against the Word of God in the most moderate Subjects of England to believe the constituted Government thereof to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e Rignum Regale when a people are governed by a King according to the Law of the Land 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is where a King reigns so absolute that his word is a Law Resol This Quaerie sets the people of England in three ranks whereof two are in extremes and one in a meane the one extreme are they who would attribute all that power and authority which is attributed and given unto a King in the Word of God unto the King of England and so make him the most absolute King in the highest degree the other extreme are the Sectaries who will not put any difference betwixt a King and other inferiour Magistrates which is directly against the Word of God and the Law of the Land but the best are the middle and moderate men who hold our Kingdome to be ruled by a King according to Law concerning whom this scruple is raised whether or no they sin against the Word of God in so holding To which it is answered the King of England in himselfe being as absolute as any in the world it must needs be most certaine that at first he had all that absolute power and then to have holden this had been a sin against the Word of God but as the King of England hath freely of his owne accord by the great Charter of England made the same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Kingdome wherein the King is to rule according to Law and thus to hold cannot be a sinne against the Word of God because holding otherwise we hold contrary to the Kings Law which is a sin against the Word of God besides the King of England having made this perpetuall pact and agreement with his people this therein is most certain that volenti non fit injuria Therefore it can be no sin against the Word of God in the most moderate Subjects of England to believe the constituted Government thereof to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quaerie

kind of Government is plainely and directly against the Word of God and never dreamed of untill Calvins time and therefore if it be set up we must expect Gods severe curse upon and for the same so that what hath been said in this Quaerie may make it cleare unto all that are not wilfully blind that their pretended or intended Government neither Civill nor Ecclesiasticall may stand with the nature of this present age and people Quaerie 6. Whether or no the Lords now sitting in the upper House of Parliament having so much failed in their trust may not more justly be deprived of sitting there then Lords formerly for decayed Estates Resol How the Law of the Land will precisely resolve this Quaerie I leave unto the learned in that profession but to them ignorant in the constitution of any Common-wealth halfe-eyed reason will make it good in the Affirmative considering the end wherefore Parliament-men sit in the two Houses is to consult and advise with their Prince concerning making Lawes for the good of the Kingdome whereunto bona fortunae the riches of fortune whereof are wealth Revenues honour and the like are nothing essentiall but onely additionall thereunto for honour credit and supplying of outward necessities sake but bona animi the goods of the mind as are learning especially in the Law of God and the Land tendernesse of affection for the glory of God and the good of their Country for the execution whereof it is requisite they be qualified with fidelity resolution discretion judgement and justice without which they can never attaine unto that end for which they sit as the one therefore is of more use for the attaining of that end at which they are to aime then the other it is in an answerable proportion more necessary then the other and the want thereof must necessarily the more disable the parties so wanting from the charge and trust of so great an imployment The Lords therefore now sitting in the upper Parliament-House having failed in their trust and fidelity doe more justly deserve to be debarred from sitting in the House then Lords formerly for decayed Estates Quaerie 7. Whether or no by the Lawes of this Kingdome the two Houses their raising of Armies without his Majesties consent is a rebellious riot besides the Statute Law of the Land considering they neither have nor could knight their most deserving Souldiers for their Martiall service Resol The Law of the Land resolves this doubt clearly in the Affirmative St. 30. Die Octobris An. 7. Ed. 1. the words are these Now in our Parliament at Westminster the Prelates Earles Barons and the Commonalty of the Realme there assembled to take advise have said that to us it belongeth and our part is through our royall Seignory straightly to defend force of Armes and all other force against our peace at all times when it shall please us and to punish them which shall doe contrary according to the Lawes and usages of this Realme and hereunto they are bound to aid us as their Soveraigne Lord at all seasons when need shall be but thus to raise Armies against their Soveraigne Lord the King is downeright Treason St. 25. Ed. 3.2 If a man doe levy warre against their Soveraigne Lord the King in this Realme or be adherent unto the Kings enemies in his Realme giving to them aid and comfort in the Realme or elswhere and thereof be provably attainted of open deed by people of their condition And if a man counterfeit the Kings great or Privy Seale and if a man slay the Chancellour it is to be understood in the cases rehearsed that ought to be judged Treason which extends to our Lord the King and his royall Majesty which Act concerning Treason is re-established 1 Edw. 6.12 therefore their taking up of Armes without his Majesties consent is against the Law of the Land and high Treason against our Soveraigne Lord the King Quaerie 8. Whether or no the two Houses in statu quo nunc wanting the head heart and integrall parts of a Parliament may justly be accounted as the representative Body of this Kingdome Resol They do no more represent the body of this Kingdome then a statua or picture without head heart and many other members throughout and those which it hath being mangled and abused do represent a man for al men know this that in these two Houses are wanting the King which is the Head of the Kingdome the Judges of the Law which are the heart thereof and the Bishops which are the breasts and the most of the temporall Nobility which should be as the back unto that Body Politike They know likewise how it is mangled in the lower House wanting the head heart and integrall parts of a Parliament It cannot therefore be gainsaid but these two Houses in statu quo nunc are no representative Body of this Kingdome Quaerie 9. Whether or no the Kingdome of England by the Judges of the Land the Master of the Rolls and the Secretaries of Estate being put from the Woolsacks is thereby deprived of one of their greatest interests and concernments Resol For the solution of this let the Kingdomes own experience speak and we shall find it in the Affirmative for The Judges of the Land the Master of the Rolls c. ought to sit upon Woolsacks in the middle of the upper House because wooll being the chiefest commodity and benefit of this Kingdome they might thereby be put in minde thereof to cause them to think and study for the same good of the said Kingdome and there ever upon all occasions to be ready to acquaint the Lords of the upper House with what is Law the greatest Interests and concernments of the Kingdome whereof without them there can be no wise prudent wholsome care taken They therefore being put from the VVoolsacks the Kingdome thereby is deprived of their greatest interests and concernments Quaerie 10. VVhether or no the two Houses wanting the constitutive part of a Parliament may justly be called a Parliament Resol No more then a Body without a Soule may justly be said to be a man for as a reasonable soule is that constitutive part which makes a man thus the King is the soule and life of the Law and Parliament as is sufficiently maintained by all Orthodox Divines sound Lawyers The two Houses therefore without the King which is the constitutive part of Parliaments cannot justly be called a Parliament Quaerie 11. Whether or no the Speaker of the lower House having the first day of this last Parliament promised in the name of the Commons that they should not abuse but have such regard as most faithfull Subjects ought to have to their Prince considering their cariage towards him for these severall yeares have thereby forfeited their honour trust right and interest in the Commonwealth Resol What every rationall man if but poized with meane moderation will conclude of this is easily to be conjectured and what the Law of