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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91641 A remonstrance to the people. Ordered by the high court of reason, that twelve thousand copies hereof be forthwith printed and published in the severall counties of this kingdome respectively. 1649 (1649) Wing R1030; Thomason E568_18; ESTC R203386 7,311 14

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againe according to the usuall partition is three-fold It is either in one and then it is a Monarchy Or in many the best for Birth and abilities then it is an Aristocracy Or in the whole Community and then it is a Democracy That ours is a Monarchy Successive needs no proofe but that it is Limited I prove by these three Reasons many more might be alleaged First in all Ages beyond record the Lawes and Customes of this Realme have been the rule and quadrature of Government Liberties have been insisted on and Grants thereof obtained Limitations of Regall power are to be seen in a plentifull manner in Magna Charta and the Petition of Right and elswhere It is limited also in the Succession for a KING cannot leave his Crowne to whom he pleaseth He cannot disinherit his Sonne and Heire by any exorbitancy of will by any violent emanations of love contracted by the merit or insinuations of a Privado or Favorite nor for any displeasure or indignation conceived against his Son therefore the reason will hold à fortiori if He cannot His Subjects cannot for it is liquid where they limited Him they also bounded themselves otherwise the Government were Elective and not successive apply the present practise of the Army and their Hacknies at Westminster to this rule and let any sober Man judge whether they be not the onely Subverters of the Fundamentall Lawes Secondly I conceive it will follow as clearly from hence that when they Martyr'd the KING who died in the defence of these Lawes and to protect you from that slavery into which they are about to entangle you they dissolved the Parliament for that Grant which did capacitate them to sit durante beneplacito could not be intended neither is it pretended to bind His Successours for then they might sit in infinitum which also would destroy both the Succession and the Monarchy unlesse they would have us Governed as the Spaniard saith par Rey de havas by a King of beans or a twelfnight King Thus you see you are not bound in point of conscience to obey them as a Parliament or to regard their Declarations and Ordinances any more than Ballads True it is they have you under a Power but such an one as if Beasts will challenge rationall Men should be ashamed to subject themselves unto such a power have Stotes and Polecats and other vermine over young Chickens and other poultry and is this a power for English Subjects to exercise over one another Secondly I prove it limited from the Oath that the Kings have taken at their Coronation by which they sweare to Governe by the Common and Statute Lawes of the Land for those Lawes were not devised or made solely by them but by the joynt concurrence of the other two Estates in Parliament therefore to be confined to that which is not meerly their own is limited Lastly I prove it limited by the Concession of CHRALES the I. howle ye Murtherers when ye heare Him named who neither wanted knowledge in the just latitude of His Power nor justice to acknowledge the extent of it the words are in His Declaration from Newmarket where He saith The Law is the measure of His Power words truly worthy of a King but doth it not open the sluces of your eyes to remember what measure was returned to Him well might He complaine heu patior telis vulnera facta meis His mercy by the obliquities of a Hel-bred rout is curdled into the Kingdomes misery and the simplicity of His Grace made Him a sacrifice to the ingratefull violence of seducing and seduced People as the former Reasons are cleare to shew that the Supreme Authority of this Land is limited so these following Reasons will also shew it to be mixed In the Answer of King CHAARLES the I. to the 19. Propositions He there acknowledgeth this Monarchy to be mixed with Aristocracy in the House of Lords and Democracy in the House of Commons From which words I reason thus that Monarchy in which the three Estates are constituted to the end that the power of One should moderate and restraine from excesse the powers of the other is mixed in the root and essence of it but such is this Monarchy as appeareth by the KING'S acknowledgment and also by the Lawes of the Land therefore it is mixed Secondly that Monarchy where the Legislative power is in all three joyntly is in the very radication of it compounded and mixed of those three for that is the height of power to which the other parts are subordinate subservient so that where this resideth in a mixed subject that is in Three distinct concurrent Estates the consent Votes and concourse of all most free and none depending on the will of the other that Monarchy in the very modell and frame of it is of a mixed constitution but such is the state of this Monatchy as appeares by the former acknowledgement therefore plainly it followes that it is mixed I shall briefly touch upon three things wherein it is mixed for further illustration of the proofes and so conclude First it is mixed and qualified in the Nomotheticall power so that an Act or an Ordinance cannot have the nature and forme of a Law of this Land if it proceed from any One or Two of these without the positive concurrence of the Third Secondly it is mixed in imposition of Taxes on your Estates the KING by His Prerogative cannot require Contributions not granted to Him by Law you may well wonder then how these squirting virginall Jacks at Westminster that move onely under the heavy threatning fingers of the Army can require them for though the House of Commons in a Parliament be the Representation of the People yet the People cannot invest their Representatives with a power which was not in themselves Now the People have no power to doe an Act which directly or indirectly doth put it in the will and pleasure of any One or Two of the Estates to overthrow the Third But it is now too evident unto your that the power of opening and shutting the Purse of the Kingdom is such a power that if it be in One or Two of the Estates without the concurrence of the Third then they or that One by that power may necessitate the other to comply to any Act or to disable it from its owne defence by this errour we have lived to see the damnable and cruell Butchery of the KING the Abolishing of the House of Peeres and thus is the Riddle resolved of King and Parliament Parliament and Army and Parliament and Kingdome Lastly it is mixed in the united power of transacting the weighty Affaires of the Kingdome which in the Writ of Summons are termed the Ardoa Regni for I conceive that there are two kinds of Affaires which cannot be dispatched without the concurrence of the three Estates First such as concerne the publique safety and weale so farre as a generall damage or advantage