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A93661 A view of a printed book intituled Observations upon His Majesties late answers and expresses. Spelman, John, Sir, 1594-1643. 1643 (1643) Wing S4941; Thomason E245_22; ESTC R6700 54,336 47

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when not and if the people have power to Iudge of danger and defend themselves without and against their King then may they intrust that power unto some others for that all should assemble ●● next to impossible and could not be without confusion a few th●refore may bee intrusted to judge for all and to direct the manner of their defence well It is admitted they may intrust this power with some few but that they have intrusted it with the Lords and Commons I must deny There is no colour to say it is intrusted with the Lords they judge only for themselves and if the King intended to alter the Government or Religion it is likelie he would create such as should assist his intentions and therefore it will be of little purpose to give the kingdome a power to judge of dangers and save it selfe unlesse they may doe it by the major part of their proxies alone both against King and Lords You put in the Lords only to glosse your actions for the present but by your principles the power must bee in the Commons onely if anywhere Now cleerely there is no such trust imparted to the Commons their trust is limited by the writ to advise with the King not to make Acts and Ordinances in any case against him Nor can I possibly see why the Coroners elected by the body of each Countie according to the Kings writ might not as reasonably claime this trust as the major part of the Commons alone unlesse we must therefore thinke it to bee the Commons right because they now pretend unto it The Observator tells us We may not imagine the Houses should be injurious no age will furnish us with one story of any Parliament freely elected and held that ever did injure a whole kingdome or exercise any Tyranny I 'le charge tirannie on none only I say if the now major part of Lords and Commons against the Kings pleasure and authenticke Proclamations have power to command the subiects in generall and to imprison kill and slay such as withstand their commands and obey his Maiesties Proclamations I would gladly bee instructed how this power is derived unto them either from King or people or whether we must think they above all other men were naturally borne unto it Meane while I like well the Observators note in honour of free Parliaments that never any such iniured a kingdome But yet such as have called themselves free Parliaments have injured King and kingdome this have the Lords and Commons done when they have left the head free in His Royall assent or disassent to such Bills as they had a minde to passe of which take one Example 15. E. 3. The Lords and Commons pressed the King to passe a Law derogatorie to his just prerogative that Parliament being ended and the kingdome representing it selfe againe the same yeare it was enacted Whereas in the last Parliament certaine Articles expressely contrary to the Lawes of England and the Prerogatives and Royall rights were pretended to be granted by manner of a Statute the King considering how that by the bond of his Oath he was bound to the defence of such Lawes and Prerogatives because the King never freely consented to the said pretended Statute It seemed good to the Earles Barons and other wise men that sithence the said statute did not of the Kings free-will proceed the same should be voyd It seemes at this time the King was not bound to passe whatsoever the Lords and Commons Voted to be for the good of the kingdome And his oath did tye him to seeke a restitution of his prerogative against such forced lawes so farre was it from tying him to passe all such lawes as the Houses should judge fit Questionlesse the King is bound by oath and office to passe all good and just lawes yet that part of the oath that hath beene urged doth not prove so much But the question is whether hee bee not free to judge what is a good and just Law and what not But must submit his understanding judgment and Conscience to the votes of Lords and Commons so that the sixe Articles for poperie passe them he is bound to passe it Queene Elizabeth was boun● to passe an Act abolishing popery because the Lords and Commons had Voted a Bill again●● Protestancie Queene Mary was bound to passe that likewise So againe the King wishes all good subjects to put the case to themselves If the Papist● in Ireland should make themselves the major part of both Houses and pretending their Religion to bee in danger of extirpation by a Malignant party of Protestants and puritans should passe a Bill for setling the Militia in such as they should confide in is not the King bound to assent unto it Not in that case saith the Observator For England and Ireland are one and the same Dominion there is as true and intimate an union betwixt them and England as betwixt England and Wales though they meete not in one Parliament yet to s●●● purposes their Parliaments are not to be held severall Parliaments and therefore if Papist● were stronger and more in Parliament there yet would they want authority to over rule any thing voted and established before in England and they being the minor part of Ireland 〈◊〉 ENGLAND both ought to sit downe for that the major part will probability prevaile against them and in all suffrages the minor part that bloud may not bee shed● ought to 〈◊〉 downe Alack alack how doth the good man bestirre himselfe to bedge up a seeming answer unto this objection He supposeth England and Ireland to be one and the same dominion which is certainely false Statutes that are limitted to the Realme and Dominion of England do not extend to Ireland That there is as true and intimate an union betwixt England and Ireland as betwixt England and Wales is con●radicted by himselfe acknowledging England and Ireland to be governed by severall Parliaments severall to most if not to all purposes T is true Ireland is united to the Imperiall Crowne of England and so is Scotland yet all three are distinct kingdomes He saith they want authoritie there to over rule any thing established before in England But Ireland will say the English Parliament wants authority to establish a Religion in Ireland Or admit the Irish Parliament hath not authoritie to over rule any thing established before in England yet the point that the King instanteth in that is the Militia of Ireland is not established by Parliam●nt in England why ought not the King then to ass●nt to the disposall of it according as the Irish parliament shall desire or if he will not assent why may not the Irish of themselves dispose of it as now the English doe If we shall admit them to be one Dominion why then if the papists in Ireland the popish partie in England and their adherents the Episcopall party and the misnamed Malignant partie shall joyne in one desire against
Houses without the King represent the Universall Realm shall be considered anon passing that by I conceive that the Parliament truely so called is above the King taken solely for that it doth involve the King without whom they are not truely a Parliament The Parliament then thus considered is a whole compared with some part and the King but a part though the most excellent part of the whole Now every whole is greater then any part the Head though more excellent then all the other Members yet not more excellent then the whole Man whereof the Head is but a part But the King solely compared with the Parliament or rather the Houses of Parliament excluding or not involving the King is superiour and above them whether you consider them scorsim or conjunctim for taken conjunctim they make but a Body which though it be greater then then the Head in Bulk yet doth the Head excell in Vertue Excellence and Authority And although by vertue of representation they are the Body of the whole Kingdom yet is the King the Head of that Body and the Representative of God himself who I am sure is above the Body they represent It is a Principall undeniable Pax in parem non habet imperium multo minus in superior●●● If then the Houses be above nay if but equall with the King He can have no Command over them But it is evident He hath Command over them He calls and commands them to assemble being assembled or united together He may command them to prorogue or adjourn for time or place upon which Command it is then their Duty to rise and remove and again at His pleasure He can dissolve them Although for this time His Majesty hath been graciously pleased to restrain Himself from the exercise of that Power yet the Power it self is still in Him as an Inheritance inseparable from His Crown The Representatives of the Kingdom either are Subjects or not That they are not Subjects by reason that they are assembled is absurd and so would not the Kings Protection due unto Subjects belong unto them If they are Subjects then doth the King remain their Soveraign and Superiour And indeed so far is their uniting and assembling in Parliament from diminishing the Kingly Soveraignty to which they were before all and every one Subject as that the Regall Majesty is thereby much more encreased and augmented Cromp. Juris● 10. We are informed by Our Judges saith King H. 8. to His Parliament That We at no time stand so highly in Our Estate Royall as in the time of Parliament wherein We as Head and you as Members are con●oyned and knit together in one Body Politique If the Houses as representing the Universall Realm are above the King then they may judge Him punish or depose Him But they cannot judge Him 22 Edw. 3. 3. Le Roy per cux ne doit estre ajuge 3 Edw. 3. 19. Scrope Those which are Judges of Parliament are Judges of their P●●rs but the King hath no Peer within His Own Kingdom and therefore ought not to be judgedly them And for deposing a King or depriving Him of His Right and Authority or any necessary part thereof no Act of Parliament can prevail much lesse the Lords and Commons An Attainder by Parliament could not barre the title to the Crowne from descending on King H. 7. nor was an act of Parliament disabling King H. 6. to reassume the Government of his people of any force but without any repeale in it selfe frustrate and voyd 7. Rep. 14. Calvins case an act of Parliament cannot take away the Kings protection or the Subjects service which is due by the Law of nature 11. Rep. Sur de la wares Case William de la ware although disabled by act of Parliament was neverthelesse called by Q. Eliz. to sit as a Peere in Parliament for that it seemes the Queene could not be barred of the service and Counsell of any of her Subjects 2. H. 7. 6. A statute that the King by no non obstante shall dispence with it is void because it would take a necessary part of Governement out of the King If then no act of Parliament be of force to take away the government or any necessary part thereof from the King then surely is not any Ordinance of the Lord and Commons of force to doe it And consequently the Lords and Commons as representing the vniversall Realme cannot be above the King but inferior to him Before the King commanded them to assemble each particular and all of them were his Subjects and inferior to him If by assembling into one body and the vertue of representation they cease to be his Subjects and inferiors why doe they then in all their petitions and declarations or Answers proceeding from them not as particular men but as houses of Parliament united stile him Their gracious Soveraigne and themselves His Majesties most humble Subjects the Lords and Commons in Parliament Let our Observator judge whether these representatives have not ill discharged their duty to the Kingdome by debasing thus the underived Majestie so he calls it of the people by petitioning in so low and humble a forme him that is but their creature and in whom there is no Majestie but what is from them derived downe unto him for so the Obseruator conceives it But now to answer the Observators Argument which is thus There is nothing saith he more known or assented to then this that although the King be singulis major yet universis minor being below the people then in universali he must likewise be below the representatives of that universalitie I will not stand to question what necessary connexion these propositions have The people are above the King therefore their representatives are so The King of England is above the King of Spain doth the English Embassadour therefore take place of the King of Spain But admitting a necessary Connexion The people are above the King ergo the houses representing them Why then è converso The houses representing are not above the King ergo the people represented are not and so having proved the houses below the King I have already proved the King above the people yet a word more 'T is true as the Observator saith nothing is more known or assented to then this that the King solely is Minor universis the universalitie including the King For no part be it the head can exceed or be greater then the whole But againe if the King and universalitie bee contradistinguished nothing is more known or assented to then this That the King I speake of the King of England a Soveraign King not a Duke of Venice is not onely singulis major but major universis Nay most properly is the King above the people considered as an entire Congregation For chiefly as he is King he is above all others Now King relates to kingdome Rex to Regnum and Kingdome or Regnum denotes an
omnia jura in scrinio pectto●s sui And yet as the government of this Kingdome is now setled the King cannot make void or vertulesse the setled Courts of Justice and thereby draw all things to a determination within his owne breast And if any cause shall come before him as a Judge to determine yet he hath a rule to follow and that 's the Law not his will which Law in respect of the King hath somewhat more then a directive force restrayning him and disabling him to goe against it so that he can doe no wrong The Lawes are made by the Kings power with the peoples or Parliaments assent which is a superiour power or rather the same power in a higher degree or extent to the Regall power alone and with●●●● their assent And therefore the Regall power out of Parliament cannot change nor al●●● the Lawes and Ordinances made in Parliament but is bound by them as being made by a superiour power whence it is that Bracton every where affirmes the Law to be above the King solely And by this superiour power that is by the King with the assent of his people or Parliament were the ordinary Courts of Justice founded and established and their jurisdiction assertained and therefere may not be altered by the Regall power alone and by the same reason the King cannot alter the Constitution of the Court of Parliament but is the Constitution of all Courts alike the ordinary Courts are so constituted as that the Kings speciall Concurrence is not neeessary Arts and Judgements by the ordinary Judges alone are compleat and binding their assembling and departing is setled and doth not depend on the speciall pleasure of the Prince But the Court of Parliament hath another kind of Constitution the Kings speciall concurrence is in that a necessary and essential part Rex est cap●t principium et finis Parliamenti Their assembling expects his speciall call their continuance depends on his will the Judgemements Arts and Ordinances made in Parliiament and concerning the Kingdome in generall are the Kings onely and without him frustrate and null Consider this good observator and then tel me if you did not endeavor grosly to abuse your reader by telling us that by the same reason the Parliament is not a Court comple● without the King the Common-pleas and all other Courts are not I confesse I have wondred to see it of late so often a●●i●med That as the King cannot nor ought to declare by pr●claimation or otherwise his disalowance of the acts judgments of the ordinary Courts so not of the Votes Ordinances of the Lords Commons in Parliament being the highest Court Should the ordinary Courts take upon them to dispose of the Militia by vertue of an Ordinance by them made might not the King by his Proclamation declare the Militia of that Ordinance and forewarne his Subjects not to be abused by it if the Observator can prove that the Lawes and Ordinances made by the now major part of the Lords and Commons are without and against the Kings pleasure of any more validitie that they are in themselves Lawes and Ordinances and not onely so called then I shall admit that the King either by Prociamation or otherwise ought not to declare against them meane while let every man judge how well the observatour hath maintained the power of the Lords and Commons mauger their King to make Lawes and Ordinances that shall bind the people in generall By which Ordinances the Militia the taking of Hull the Navy the Magazine the intercepting all mony and other provision that is but suspected to be passing towards the King the imprisoning all such as appeare dutifull towards his Majesties commands and such like Acts must be justified or acknowledged unjust The Observator finding it more then difficult in a plain field to maintaine his cause endeavours to shelter it under famed pretences of extraordinary danger and necessity in this extremity the King neglecting the helme nay purposely stearing towards rocks and shelves It is the duty of his Parliament in this case to oppose and preserve him and his Kingdome from utter wrecke and ruine He will then acknowledge that in ordinary cases without the King they cannot make a binding Law or Ordinance but in danger that is when they please In the miast of our calamities we are sensible of none thankes be to God but what their Ordinances have occasioned the Parliament seeing they must make use of their legislative power and make Ordinances to secure s●me Forts and settle the Militia or else two Kingdomes probably will be lost they doe accordingly the King proclaimes to the contrary in this contrariety consider if the Parliament 〈◊〉 vertually the whole Kingdome if it be not the supreame Judicatory as well in ma●●●●● of State as Law if their grounds of jealousie be vaine To what purpose shall we consider of their jealousies if we thinke them to be but pretended by the cunning and practise of some few for accomplishing their designes and plots invented by some of their owne partie to be againe by them discovered yet must King and people submit to their judgement Are not the now major part the supreme Judges of danger to whom King and people are bound to submit If they are is it lesse then a mockery to bid us consider when as after consideration will we nill we we must subjugate our understandings and opinions to whatsoever they already have or hereafter shall declare But yet at your bidding I le consider in this contrariety whether the Parliament pray call them the Lords and Commons now assembled may not make use of their legislai●e power yes if they have any such but I would not have them make use of the King legislative power without him and against him had they beene partners in that power some colour you might have had to have called it theirs but it seemes the power is solely the Kings they are onely to give an assent to the use of it Then you will I consider whether they be not the supreme Judicatory I thinke not the Parliamenti● supreame and above them both in matters of State and Law but againe I must consisider you say if the Lords and Cammons be not vertually the whole Kingdome why doe you put in the Lords whom at other times you can be content to spare The Lords Vote in respect of their Barronies derived from the Crowne the Commons Vote in right of their electors whom they represent at least nine parts of the Kingdome neither doe nor may Vote in their election the Clergie in respect of their spirituall livingt may not nor the most substantiall Coppy-holders Farmours nor Lessees for yeers not inheritrixes Jointresses nor reversioners Heirs apparrent and men that live upon Interest are excluded and all that have not 40. s. per annum free hold Land which I imagine cannot be above a tenth part of the Kingdome Tell me good Sir you that
our superfine Reformers the Reformers being farre the minor part ought to sit downe and acquiesse otherwise bloud will be shed and the major part in probabilitie prevaile you to lay a Calumny on the King will say they speake all one language and conspire in one end which although no sober man will credit yet this is certaine that they all concurre in some things against new Confounders I should say Reformers In these things then by your owne rule the minor part ought to yeeld and acquiesse If the major part present of Lords and Commons shall desire it the King you will say is bound to passe an Act that no marriage for any of his Children shall be concluded not treated on without the Parliaments assent By the same reason that he is bound to passe this Law to the English hee will bee bound to passe the like to the Irish and againe the like to the kingdome of Scotland because the Lords and Commons in the severall Parliaments desire it and the kingdomes have a like interest and right to warrant that desire If these Lawes bee passed what will become of the Royall line Besides a match may bee mentioned or treated on a Parliament for that 〈◊〉 purpose must bee called in each kingdome and being called is it probable three Nations so different in their constitutions should agree in one The Scots ●●y approves marriage desired with the French The Irish will rather desire the alliancs of Spaine The English of Denmarke In this case to observe one Law is to breake two yet such a Law being Voted or any thing else the King you say is bound to passe it and you seeme to prove it thus T is acknowledged the King is bound by Oath and Office to passe all just Lawes that are either for preservation or good of the Subjects to grant this say you that hee is bound to passe just ●awes and yet to leave him to his owne free Iudgement what is a just and good Law is to give us a dry right without a remedy So againe you obiect If the King will not call the Parliament For making Lawes when it is expedient that must not conclude the people for the● they would have a dry right to Parliaments without a remedy And upon this ground and for that the King hath his power given him as you suppose by the people and that upon trust you will have him accomptable to the Lords and Commons the representatives of the people how he hath discharged his trust and if he shall be found neglectfull or faulty there must bee you say a meanes to inforce otherwise wee are subject to the boundlesse will of the Prince and a gappe is opened to as past and arbitrary power as ever the Grand Seignior had If the King may so assume a share in the Legislative power as that without his concurrence the Lords and Commons may not Judge of dangers and by temporary Ordinances put the kingdome into a posture of defence God hath not then left humane nature any meanes of sufficient preservation Thus the Observator Although he mention God yet I doubt his Argument is grounded in Atheisme because forsooth we have not the remedy in our own hands therefore are we without remedy expos●● to the will of any tirannous Prince that may bee either then hee thinkes there is no God or with Epicurus that hee is ot●osum inexer●itum et neminem i●t humanis rebus ad ●●li cardines o●●●b lat nulla tangitur mortalium cura For if there be a God with providence why should we be affraid to trust our remedy with him There is a bridle to restraine the licencious will of ambitious Princes and that 's the Law but the reynes must not be layd in the hands of subjects The Heart of the King must be in the hands of the Lord he will direct it towards the subjects good or if a Prince shall incline to Tyranny he will in good time remove him unlesse it be his pleasure by him to chastice the sinns of that people or to try and improve their patience in which case there is a blessing for them that can content themselves with a fiat voluntas Domini God only I have proved is the Author and efficient cause of Kingly power Kings are his annoynted his vicegerents and therefore properly occomptable to him alone Where the word of a King is there is power and who may say unto him what doest then Non potest ei Regi necessitatem aliquis imponere quod injurian● s●●m corrigat et emendat nisi velit cum superiorem non habeat nisi Deum et satis erit ●i ad pae●●● quod dominum expectat ultorem Punishment enough indeed if you consider how much more severe God is in taking an Account of Kings then of other men subject to temporall punishments which you may see sett downe by a King himselfe Heare therefore O ye Kings and understand learne ye that be Iudges of the end of the Earth Give ●are you that rule the people and glory in the multitude of Nations for power is given you of the Lord and sovereignty from the highest who shall try your workes and search out your Councels because being Ministers of his kingdome you have not judged aright nor kept the law nor walked after the councell of God horribly and speedily shall he come upon you for a sharpe Iudgement shall be to them that be in high places for mercy will soone pardon the meanest but mighty men shall be mightily tormented Were there not a God to take this severe accompt from Kings and to straine their ambitious desire from tyrannizing over their subjects yet by what hath been formerly said it will appeare to be more safe for a people to live subject to the inconvenience then to give power to the people upon pretence of saving themselves to ri●e against Sovereigne authority A supreme indisputable power must be somewhere this the observator acknowledgeth and al must acknowledg that are not in love with Anarchy the question then is only this whe● is its most safe resting In the Parliament saith the observator ● agree with him in the King in Parliament is the most safe resting of the supreame indisputable power But the mischeife is the observator by Parliament meanes only the Lords Commons distinguished from the King Now whether it be more safe resting in them or in the King with them th●● is the question which in effect is all one with this whether Democracy be a better forme of Government alwayes followes the disposition of the Sovereigne power If therefore the Sov●reigne power rest incontrollably in one alone then is the Government simply Monarchicall If it rest in the cheife Peeres then it is an Optimacy If in the people Democracy If it r●●t in one alone and yet to the use of it in the most weighty matters a consent of Peers and people is to be had then it is
The King onely cites the Writ the Form whereof is ancient whereby they are summoned to counsell the King de quibusdam arduis not in all things but in some things saith the King Is this to say only in such points as the King shall please to propose Did not His Majesty in expresse words at the beginning of this Parliament leave them to their own method Again Doth the King say If they make any transition they are liable to imprisonment at His pleasure Not His pleasure but the Law is the Rule he tyes Himself unto these then are but false Calumnies Pag. 8. 9. 46. he charges the King with this Position The Lords and Commons in Parliament are meerly to councell the King As if without their consent the King might make a Law That they are limitted by the Writ ad consilium onely That if we make the Lords and Commons to be more then Counsellors we make them commanders and controllers and this is not suitable to royalty From hence the Observator takes occasion to argue very sadly That the Lords and Commons are summoned not onely ad c●nsilium but ad consensum also in the making and altering Laws And in this though in nothing else he brings authority to back his reasons withall citing the close Roll 7. Ed. 1. Quodomnes tangit ab omnibus approb●ri d●bet or trat●ari He did well to corrupt the Record by putting approbari d●bet for tractari otherwise it would not have served his turn But surely the Point needed not proof for never did the King nor any body else deny it the King no where sayes They are called ad consilium onely meerly or that to allow them mere then to counsell were to make them Commanders He saith they are called to counsell that 's true not to command that 's true but he doth not deny them power of consenting which the Observator contradicting himself doth afterwards acknowledge Pag. 16. It is l●s● unq●●s●imed saith he That the legislative power is partly in the King partly in the Kingdome and that the King in ordinary cases cannot make a Law or Ordia●n●● without the Parliament Is it left unquestioned why then would you abuse the people as if the King had claimed a legislative power to himself whereto the consent of the Lords and Commons were not requisite Pag. 7. The King saith he deni●s the Lords and Commons if h● withdraw himsel● to have any power of any Court Pag. 10. He cites these as the Kings precise words 'T is improbable and impossible that His Cabinet-Councellors or His Bishops or Souldiers who must have so great a share in the misery should take such pains in the procuring thereof Pag. 25. He tells you That the King saith he cannot without renouncing His own conscience and reason preforce the Parliaments counsell before the Courts All which and many more are falsly imposed upon the King to alienate and corrupt the affections of His Majesties Subjects Pag. 25. He saith The King charges the Parliament with these Doctrines as so offensive 1. That the Parliament hath an absolute indisputabl● power of d●●laring Law 2. That Parliaments are bound to no Presidents And then the Observator justifies these Doctrines as well as he may for they are most true And had the King denied them as the Observator wou'd have it thought he had indeed destroyed the power of Parliaments But the Doctrines the King chargeth them with are That the then major part of the two Houses had indisputable power of declaring Iaw and were not bound to Presidents Had the Observator taken the Charge aright he would not have answered Statutes are not binding to them why then should Presidents For I hope the now major part of the Houses are bound by Statutes and cannot repeal them though the Parliament may What though his Pamphlet be stuffed with such corruptions yet let me speak one word for him He is no more faulty in this kinde then others You see his i●genuity I shall now consider the solidity of his Reasons and the goodly Consequences he draws from them Omitting then those loose extravagant Passages which have no connexion with the Body of his Discourse the sum of that part which seemeth rationall is as followeth Quicquid efficit tale est magis tale The efficient cause is ever superiour unto and more excellent then that which it causeth But the people in whom Power is originall and Majestie underived are the efficient cause conveying Regall Power and Majestie unto Princes not God who is no more the author of Regall then Aristocraticall Power The same people being the efficient cause are also the finall cause for whose good and preservation onely that Power is conveyed and their conveyance is fiduciary upon trust and under such Conditions as they please The people being the efficient cause of Kingly Power he hence inf●rres They are above the King Rex etsi sing●lis major universis minor est And from thence to bring it on to his purpose it must needs follow as he thinks the people being above the King The Houses being by vertue of representation the same people must likewise be above the King The Houses then being by vertue of representation the efficient cause conveying Regall Power upon Trust and to no other end but to the good and preservation of the people may when they please to say That it is not disposed of by the King to that end and according to that Trust re-assume that Power and make themselves the disposers thereof from all which Grounds he inferres their power of making Ordinances obliging the People in generall The Ordinance of the Militia to be legall and consequently the Commissions of Array illegall The taking and retaining Hull to be justifiable The taking the Magazine and whatsoever else hath been taken from the King That the King hath in nothing appertaining to His Crown an unconditionable Property That whatsoever Acts he hath passed whatsoever he hath done or can do for His subjects is meer Duty That He ought to acknowledge that he can in nothing merit of the whole State That he ought to assent to all Bills that they approve and adjudge fit to passe That His great Officers be such as they shall allow of That without him they may authoritivè declare the Law and consequently make and repeal Laws and Statutes at their pleasure That when they adjudge the Power intrusted with Him for the Kingdoms safety to be turned against them they and all are ipso facto absolved of all Obedience of all Oaths and Tyes of Allegiance whatsoever to His Majesty and bound to seek their preservation by resistance and defence Desperate Conclusions I shall examine his Grounds ordine retrograd● beginning with that immediately antecedent to all his Conclusions Wheth●r the Parliament so he would have you call the major part of the Lords and Commons remaining are above the King by reason of their representing the whole Kingdom How true it is That the