Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	authority_n	law_n	legislative_a	2,620	5	12.4064	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26020	Reasons against agreement with a late printed paper, intituled Foundations of freedome, or, The agreement of the people whereby it doth appear that the particulars proposed in the said paper are not foundations of freedom but of tyranny and slavery to the people, being destructive to religion, laws, liberty, and government against our Covenant and Protestantism, and very dangerous and unsafe for the kingdome / by William Ashhurst.	Ashhurst, William, 1617-1680.	1659 (1659)	Wing A3978; ESTC R26663	11,396	18

desire to change it for they know not what for so are all alterations of Government untill the conveniencies or inconveniencies be found out by experience All I will further adde upon this Reason is that this poor wasted Kingdome doth not stand in need of so great a division and distraction in the course of all proceedings at home and to incurre such dangers from abroad as would in reason be the Consequences of this Alteration 4. Reas Because this Paper proposeth the absolute taking away of the power and priviledges of the Parliaments of England which we are bound to preserve and maintain not only as Englishmen but as Christians most part of the Kingdom having solemnly sworn it to the most high God and one to another in the Vow and Protestation of the 5. of May 1641. wherein we further vow and protest to oppose and by all good wayes and means endeavour to bring unto condigne punishment all such as shall either by force Practice or Councels Plots Conspiracies or otherwise do any thing to the contrary And likewise in the Solemn League and Covenant of 27. of September 1643. not only we in this Kingdom but the most part of the Kingdome of Scotland have sworn to preserve the Rights and Priviledges of the Parliaments in both Kingdomes Now the Paper doth not only propose to take away the Rights and Priviledges but the Parliaments of England themselves as they were constituted when these Oaths were taken to which the words according to the literal sense of them which is the rule of Oaths must relate for we could not swear to that which was not or to something that was only like a Parliament therefore no man as I conceive who hath taken either the vow and Protestation or the Solemn League and Covenant can agree to this agreement unless he dare make himself guilty of most palpable and notorious Perjury 5. Reas Because it proposeth the taking away this unquestionable Legal Parliament only by a forceable agreement without any Authority And in the room of it to settle a representative which hath not so much as a colour of Legal right by which means Although force and Power may hinder this Parliament from acting yet the being of it cannot be taken away but by the like Law that made it So as we shall have a Representative that will pret●nd to a Legislative power and a Parliament who ought to have it both in being at once which may lead the Kingdom into miserable uncertainties and distractions when any number that will make an House of Commons and any number that will make an House of Peers assembled in any place within Westminster will have more power to make and repeale Laws then these Representatives Although all were done that the Paper desires 6. Reas Because there is such a desperate encroachment upon the Liberties of the people of England proposed in the Election of this Representative it being a known Maxime in Law that no power could lawfully impose upon the Liberties or properties of the people of this Kingdome but either by their particular Consent or general Assent in Parliament where every man is represented But by this Paper as well all those who have been most faithful to the Parliament and Kingdome and hazarded their lives and estates in this cause if in Conscience they cannot subscribe this Agreement as the Delinquents and Papists that are most of all obnoxious to the Law shall be debarred from Electing or being elected yet they shall have Laws and taxes imposed upon them by them who for number are the least party in the Kingdom and by those to whom they give no consent nor trust which is as perfect slavery as any Tyrant could impose upon them 7. Reas Because the declaring of Agreement with this Paper by Subscription will not only be a means more to draw but also to keep those who have adhered to the Parliament in this cause in parties factions and divisions For after they are once all distinguished by Subscribers or non-subscribers it will make them more strange one to another and to with-draw that affection and confidence from each other that is necessary for them as Christians and as wise men who should rather study how to finde out ways of Union for their mutual preservation against the common Enemy then take this course which I feare may prove a way of great danger to us because it will encrease jealousies in those who must be non-subscribers that though they are now only minde uncapable of publick trust and employment yet they are not secure but they may be proceeded against further afterwards by the new Representative unto high if not the highest punishments which doubts and feares will encrease if the Supream power be wholly put into the hand of a party who differ from them in principles of Religion and civil Government and they have no visible security before-hand to enjoy Religion and their Liberties the want of securing whereof as it made many of them refuse to agree with the King so will it binde them from agreement with any power on Earth upon which ground it is to be feared they cannot but look upon themselves as under oppression both in their Liberties properties and Consciences wherein I speak the more freely that every man might labour and endeavour to prevent such breaches especially amongst those which feare God and that none of them might adhere to this Paper wherein it is especially to be noted that all the distractions divisions evils and inconveniences that shall happen upon either subscribing or not subscribing is only to those who have been united in this cause the common enemy being thereby strengthned united and kept from the test of this subscription 8. Reas Because this will tend to the utter subverting and taking away Magistracy and Government out of the Kingdome not only by placing such a supream power under whom all subordinate do act as at least will be disputed And thereby that distance and reverence that God hath put upon his Ordinance of Magistracy being removed it is like to fall into contempt But by this Paper the Laws and Orders of this Representative shall not bind or be of any force even to those who agree and subscribe to the Paper For although it seems to put the penalty of death upon the resisters of their Orders yet there is one little exception that makes it lawful for all men especially that have power to resist and disobey them the words are these Except such Representative shall expresly violate this Agreement which leaves every man to be a Judge of it there being by this Paper no other power intended to be above this Representative to judge it Nor doth it appoint either how or by whom this judgement all be made Therefore every man that will but say they have broken this Agreement and hath power to make it good shall not offend but justifie his disobedience opposing of their Laws or Orders by

of Peers The souldiers will be against it because it offers forcibly to take away the Parliament they have fought for whose Authority gave them a being as Souldiers and under whose Authority they act The Magistrates or people of that quality capable of government will be against it because it leaves at the best but the colour of a Magistrate with no power but such as is alterable and revokeable at the pleasure of any multitude The faithful and conscientious Ministers will be against it for as it gives them no protection countenance encouragement or assistance by the Magistrate so it leaves all their people to the practice and profession of blasphemy Atheism Heresie Errour and Prophaneness without controll And it is like that most of the Religious and discreet people will be against it because it neither provides for increase of piety nor give security for the enjoyment of Liberty or Property nor hopes of Union which might bring a settlement and peace And what sorts of people are left whose interest it would be to preserve this Agreement I leave any one to consider whether they will not be only such who because they cannot bring themselves within the protection of the Laws establisht and present Government will possibly sign this Agreement that so they may bring the Law and Government to their wills and corupt interests for so indeed they do that subscribe this Agreement No obedience being to be given to this Representative but in their keepinging this agreement and there being no other Judges thereof but the Subscribers who in the result of all have the Law in their own wills Upon all which grounds there is no hope that this Agreement if it were made as is desired would either preserve it self or that any who were most considerable could be obliged to keep it so as nothing could be expected from it but to be a foundation for new confusion I will close these Reasons with this profession That I am far from arguing that this Parliament should not in this manner be taken away out of any base or low end that I might still continue a Member of it for I dare do appeal to God who is the searcher of all hearts that I know no outward thing to befall me that I should account my self more happy in then to be legally discharged from that Service But in this way to tear up the very foundations of all Government and to rear up so miserable a thing in the room It behoves every true-hearted Englishman that sees it to be sensible not for his own but for the Kingdoms sake and that really set me on work at this time I shall now onely adde some short general observations upon several particulars I finde at the end of this Paper prepared already for this new Representative wherein are desires to this purpose That no mans life be taken away but for Murther That no man be Imprisoned for Debt That no Tythes be paid That there be no restriction which is no regulation of Trade That there be no Lawyers nor Law but new Rules in English to be made by the new Representative And twelve men in every Hundred to be Judges of all causes who are likewise intended to supply the Offices of all Mayors Sheriffs Justices of Peace Deputies c. These are the desires of them who labour for a new Representative instead of Parliaments And it seems they hope to choose such a Representative as will grant them all Indeed if these must be had I agree there is a necessity by some means or other to take away this Parliament for I believe that they would never grant such things as the making of Laws in the favour of Treasons Burglaries Felonies Sodomy Buggery Rapes and such like abominations from which the punishments of death is by these men desired to be taken off especially considering that the many good Lawes which have been made under highest penalties as now they stand no not hinder nor deter men from those foule offences which are daily and frequently committed in all parts of the Kingdome and therefore there rather appears need of stricter provision against them But when the new Representative shall take these things into consideration they may finde that there will be no need to take away any penalties from a Malefactor by a Law to keep them from Justice if they do but grant the hundred Courts as is desired who can but sit seldome and thereupon all Mayors Sheriffs Justices of Peace c. who are Officers ever ready and by whose Authority the Malefactors are apprehended examined committed and brought to Justice being taken away the Offendors are like to go free without any such Law Especially when these Hundred Courts act the parts not onely of all the Lawyers but of all the Judges in the Kingdom And all this Justice to be done and lie in the brests of twelve men in every Hundred who may be chosen of men that can neither write reade nor have any estates responsable if they should be found guilty of Bribery or any other high misdemeanours by this means we are like to have Justice at all adventure be it right or wrong If I should go over the rest of the afore-mentioned particulars I should not keep my word for there is so much to be said against every of them that I could not be short nor is it very necessary to be done for in the bare reading of them it doth too much appear that they are working to a universall Licentiousnesse as well in the Civil State as in matters of Religion by which liberty all truth and every mans property with the Government which is the band of humane society will be destroyed I had thought to have closed here but I cannot conclude without a word upon that particular proposed that no Tythes be paid because I believe that taking away the Ministers of the Gospel with their maintenance lies at the bottome of it I say so upon this ground Because I did yet never speak with any man who was for the taking away Tythes from Ministers without as good maintenance first provided in a setled and certain way which I could never yet hear propounded but he was for the taking away the Ministers themseves and therefore they will not allow that the Minister is an office ordained by God although nothing be more clear in his Word but call them State Ministers or as this Paper publick Ministers as though they were onely by some politique or civil constitution and might be taken away at pleasure then which nothing can be more contrary to the truth neither is it onely cleare that there are those in the Church of Christ whose office it is to be Ministers of the Gospel but likewise that by an Ordinance of Christ They that preach the Gospel should live of the Gospel And however it be of a Divine Right that Minsters should have a maintenance yet the proportion distribution use and enjoyment

of it is from and by a civill right whereupon they hold and possesse their Tythes by the Laws of the Kingdom and have as legall a Freehold in their Tythes as any man hath to his Land And the Law doth provide full as good a remedy to the Minister for recovering his right of the Tythes as to any Impropriator or other man in the Kingdom for any thing he enjoyes But the Paper saith it is a grievance and oppression I believe it is a grievance to those men that Ministers live or have any thing But how comes it to be an oppression Is it oppression to pay to others what is legally due to them These men may consider that if Tythes be taken from the Ministers or Impropriators yet there is neither right nor Justice that they by whom they are payable should have them to their own use for they have nothing that might make or derive a right or title to them They never payed any Consideration for them they did not purchase nor were they conveighed to them when their Land was bought it was under this charge that Tythes should be payed out of it In a word there may as much be said in justice reason or equity why they should not pay any quit Rents Rent Charges Annuities or other charges that lies upon their land as why they should not pay Tythes And do but give them Tythes upon their crying out that it is a grievance and oppression and they will in a short time I am confident upon the same grounds cry out upon all other payments and charges out of their Land and it is like the Rent to the Landlord will not be payed long after for they will be all alike a grievance and oppression I do observe that there are two notable pieces of justice in the consequence of this particular of theirs First that the Impropriator shall be satisfied yet I know not how where or by whom before his Tythes be taken away Yet the poor Minister that holds his by as good Law and right shall have his first taken from him and play an after-game for his maintenance which might gain their point when by that means they might be driven from their Churches to go abroad to beg because they cannot work And the other is that they would have this new Representative to take Tythes from the Ministers to whom they belong in justice and right and to give them unto other people who have no right at all to them And when they have got the Ministers Tythes then they propose that they may have maintenance Provided alwaies that it being against their Conscience they may pay them nothing Nor others pay any thing all payments being oppressive and they are to have nothing but in an unoppressive way By all which appears that they intend to take away the Ministers and get their means to themselves for their paines I do not in this plead my own case for I do and shall willingly pay Tythes but I receive none I have thus lookt into these Foundations of Freedome and told you in part what I have seen wherein I must leave every Reader to his own judgement I shall only upon the whole matter give you mine That under the colour of laying new foundations all the old Foundations of Religion Parliaments Laws Liberties and Property are strongly endeavoured to be undermined pluckt up and destroyed And all the materials I find brought to this new building are such in my judgement as onely tend to Licentiousness therefore it shall be against my will if I live in it or neer it because it hath no ground work For here is a Government without Authority A Magistrate without power If a Minister yet without maintenance A People left to be of any Religion or of all Religions or of no Religion as they please It is therefore in my judgement altogether unsutable to any who desire to live soberly righteously and godly in this present world Yet notwithstanding I would not be so angry with those that should offer it as to resolve presently to fall out with them I would remember that it hath still been our enemies work to divide us England from Scotland and one from another Let it still be our work to unite and not be so wicked and unwise as to ruine a righteous cause and our selves with it But let us lay aside this Paper and all dividing and party Projects and make it our study how to satisfie and secure one another that we may live in love and peace Which as it hath ever been my hearty desire so it shall ever be my faithful endeavour and most earnest prayer to that God who out of all these shakings is only able to bring a good settlement to this poor distracted Kingdom FINIS