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A29269 A plea for the peoples fundamentall liberties and parliaments, or, Eighteen questions questioned & answered which questions were lateley propounded by Mr. Jeremy Jves, pretending thereby to put the great question between the army and their dissenting brethren in the Parliament of the commonwealth of England out of question / by Capt. William Bray. Bray, William, 17th cent.; Ives, Jeremiah, fl. 1653-1674. Eighteen questions propounded. 1659 (1659) Wing B4306; ESTC R158 13,677 22

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A PLEA FOR THE Peoples Fundamentall Liberties and Parliaments Or Eighteen QUESTIONS Questioned Answered Which QUESTIONS were lately propounded by Mr. Jeremy Jves pretending thereby to put the great Question between the Army and their dissenting Brethren in the PARLIAMENT of the Common-wealth of England out of question By Capt. WILLIAM BRAY Luke 3.14 And the Souldiers likewise demanded of him saying And what shall we do And he said unto them Do violence to no man neither accuse any falsly but be content with your wages 1 Cor. 11.16 But if ANY MAN seem to be contentious we have no such Custome neither the Churches of God Entred according to Order LONDON Printed by John Clowes for the Author 1659. To the Reader I Have given my thoughts in answer to these ensuing 18 Questions that so I might give some satisfaction to those doubts that may arise in the minds of divers good men affected to their Countreys Rights and safeties in these times of great anxiety dangers and animosities one towards another and that truth may take place and all may endeavour to understand one the other by a faithful approaching to and asserting their Native Rights and may not be withdrawn from them upon any pretences whatsoever without which standing for their Rights there can be no true ground to expect Justice Love and Unity It is true Calamities in Nations do oftentimes fall out to be best discerned when they are desperate and most incurable But however though the difficultie be great to amend a distracted Nation yet it is all our duties to extend our endeavours to save our Countrey and leave the success to the Almighty and in so doing the discharge of a good Conscience will offord great Comfort whatsoever may fall out in this uncertain and transitory Life W. B. Eighteen Questions propounded by Mr. Jeremy Ives Questioned and Answered by Capt. VVilliam Bray Question I. WHether a Free Parliament ought not by the Lawes and Customes of this Nation to be chosen by the Generall Consent of the People Answer I. It is one of the ancient and known general descriptions of a free PARLIAMENT according to the Laws and Customs of this Nation to be elected by the general and free consent of the People who are not legally made uncapable and when it comes to begin its Session by the Ancient Law Right of the Parliament a PROCLAMATION ought to be made in VVestminster That no man upon pain to loose all that he hath shall during the PARLIAMENT in London VVestminster or the Suburbs weare any privy Coat of Plate or go armed or that Games or other Plaies of men women or children or any other Pastimes or strange news should be used during the Parliament and the Reason thereof was that the High Court of Parliament should not be thereby disturbed nor the Members thereof which are to attend the arduous and urgent business of the Common-wealth withdrawn And it is generally known by those whom it hath pleased God to save alive in our sad intestine warrs That the Parliament often declared themselves to be highly affected and displeased with the nature and manner of the late KING CHARLES his demanding of the Lord Kimbolton and the five Members Mr. Pim John Hampden Denzil Hollis Esqrs. Sir Arthur Haslerig Mr. Strood 5 January 1641 It was then Voted and Declared a high breach of the Rights and Priviledges of Parliament and inconsistent to the Liberty and Freedome thereof and by a Declaration they did declare that the Kings Warlike manner therein was against the Fundamentall LIBERTIES of the People and the RIGHTS of PARLIAMENT And another part of Freedome in the Election of Parliaments is That there ought to be no corrupt dealing to give money c to be elected because it was to poyson the Fountaine it self from whom should proceed no Law contrary but suitable to the Fundamentalls Another principle Maxime and end why Parliaments are to be assembled and sit freely by the Fundamentall and righteous Constitution of England is to redress grievances against corrupt and unjust Judges and great or potent oppressors who have subverted the course of Law and Government and destroyed the Peoples ordinary Legall remedyes And no Parliament ought to be ended whilest any Petition remaineth undiscussed or at least to which a determinate answer is not made as may be seen in the fourth part of the Lord Cooks Institutes treating of the high Court of PARLIAMENT Question II. Whether a Parliament so chosen ought not to doe what they think best for the weale of the Nation that so chooseth them without the interruption of any party upon any pretence whatsoever Answer II. It is the Right of the People for their Parliament to be chosen in full Freedome and have also a free Session after a free Election without interruption of any party yet they are bound as most Incomparable Example of Law Justice and Right to the whole Nation and Executive Ministers whatsoever by the Right unalterable Rule the Fundamentall Lawes and Liberties of the People to do impartiall Justice and Right to every party and not to consider parties but the cause which wholly excludes an Arbitrary Power And therefore upon full debate in full and free Parliament of the 42 Ed. 3. cap. 3. If any Statute shall be made against the Charter of our Liberties it shall be voyd as may be seen by the Lord Cooks Institutes the first part his Commentary upon Littleton Lib. 2. cap. 4. Sest. 108. concerning which I have more fully treated in my late Plea for the Peoples good Old Cause or the Fundamentall Lawes and Libertyes of England asserted proved and acknowledged to be our Right before the Conquest and by above thirty Parliaments and by the Declarations and Convictions of Conscience or publique acknowledgements of the late King Charles and by the Parliament and their Army in their severall and particular streights and differences and in answer to Mr. James Harrington his CXX Politicall Aphorismes sold by Francis Smith at the Elephant and Castle neer Temple-Barr wherein you will as I conceive upon your taking into consideration the Authors which I cite for my judgment cleerly see that Acts or Statutes of Parliament that have been against the common Lawes though upon glorious and specious pretences are called illegall and mischievous Acts of Parliament shaking the Fundamentall Law And at a Grand Committee of the Parliament of the Commonwealth of England for the Government Sept. 14. 1659. It was resolved that the Supreame delegated Power residing in the Peoples Trustees is and ought to be limitted in the exercise thereof by some Fundamentalls not to be dispensed with or subjected to alteration Question III. If any shall say a free Parliament ought not to be so elected and so impowred I demand then how they are a free Parliament in the sense that the People of this Nation according to Law and Custome do understand a free Parliament Answer III. I conceive I have answered this