Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	council_n	king_n	privy_a	1,162	5	9.8102	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50551	Jus regium, or, The just and solid foundations of monarchy in general and more especially of the monarchy of Scotland, maintain'd against Buchannan, Naphtali, Dolman, Milton, &c.	Mackenzie, George, Sir, 1636-1691.	1684 (1684)	Wing M163; ESTC R945	87,343	224

Energy of that Priviledge without respect either to what Land they possess or what number of People they represent And thus the Nobility and Bishops sit there by vertue of the Kings Creation and the King may Create a hundred Noblemen that morning that the Parliament is to sit though none of all the hundred have one foot of Land in Scotland and though the Knights Barons must have some Land else they cannot Represent any Shire yet though a Gentleman had 5000. pounds Sterling a year he could not sit there except he be the Kings immediate Vassal and hold his Lands of His Majesty in capite So that he sits not by vertue of his Land but as Capacitated by the King And though those who Represent the Burrows Royal are Commissionated by the people of their Burghs yet the people who send them are not considered in that Commission but the Power only which the King gives them to send For though a Town had a hundred thousand Inhabitants and another only twenty Inhabitants yet these hundred thousand could not be Represented in Parliament except the King had erected their Town into a Burgh Royal From which I evince two things 1. That the Parliament is the Kings Council in which he may call any He pleases and not as the peoples Representatives only since there are great multitudes in the Nation Represented by none there For though they Represent their Constituents in Parliament yet the power of sending Representatives is derived from the King Originally and flows not from any proper Right inherent in those whose Representatives they are 2. That Judicature cannot have a Co-ordinate power with the King which he needs not call unless He pleases and which he can dissolve when He pleases and in which when they are assembled He has a Negative Voice by which He can stop all their Proposals and Designs For if they were Co-ordinate with the King then par in parem non habet imperium and it is against common Sense to think that these two can be equal since the Power of the one flows from the other By which is likewise clear that the great principle laid down by Buchannan viz. That the King is Singulis Major Vniversis Minor greater than any one but less than the collective Body of the Parliament taken together is absolutely false because he has a Negative Voice over that collective Body and as they cannot Meet without him so he can dissolve them when he pleases and I confess it seems to me unintelligible how they can be greater than the King by vertue of a power which they derive from the King 4. The Parliament is called the Kings Council as is clear from the Inscriptions of all our old Parliaments Thus the Statutes of Alexander the Second begin Alexander By the Grace of God King of Scots did by the Common Council of his Earls Decree c. The Statutes of King Robert the First bear to be by the Common Council of his Prelates c. The first Statute of King Robert the Second bears that none who is elected to be of the Kings Council shall bring another to it who is not elected The 8. and 13. Parliaments of King James the First and the 2. 3 4. and 7. of King James the Second bear for inscriptions The Parliament or general Council of such Kings And the first Act of that 8. Parliament of King James the first Bears Quo Die Dominus Rex deliberatione consensu totius Concilii c. And it is against Sense to think that any mans Counsel can have Authority over him for as we say Counsel is no Command 5. The Parliament was but the Kings Baron Court as is very clear to any man who will read the old Registers of Parliament in which he will see that the Parliament was assembled and the Suits were called and Absents Outlawed as in other Baron Courts whereof many publick Records are extant and I shall only set down that of the 8. Parliament Ja. 1. The words of which Inscription are In the eighth Parliament or General Council of the Illustrious Prince James by the Grace of God King of Scotland holden at Perth and begun ratified and approved by the three States of the Kingdom as sufficiently and rightly summoned the twelfth day of July in the year of our Lord one thousand four hundred and twenty eight continued from Time to Time the Bishops Abbots Priors Earls Barons and all Free-holders which hold in Chief of our said Lord the King and certain Burgesses of every Burrow of the Kingdom being summoned and called in due and wonted manner all those assembling that ought would and might be concerned but some were absent some of which were lawfully excused others absenting themselves through Obstinacy whose Names appear in the Rolls of the Suits were every one of them amerc'd ten pounds for his Contumacy And that the King was Judge what Barons should come to the Parliament is most clear by the 75. Act Par. 14. Ja. 2. whereby it is declared No Free-holder under the sum of twenty pounds shall come except he be specially called by the King either by his Officer or by Writ and though afterwards the King allowed two Barons of every Shire to be sent to represent all the Barons for saving Expences yet even after that Concession it is declared by the 78. Act Par. 6. Ja. 4. That no Freeholder be compelled to come except our Soveraign Lord writ specially for them It being thus clear that the Parliament is the Kings Baron Court it seems a wonder to me how it could have entered into the heart of any sober man to think that any mans Baron Court and much less the Kings Baron Court should have power and jurisdiction over him and that it should be lawful to them as Buchannan and these other Authors assert to punish him or lay him aside all which Assertions are equally impious and illegal 6. When the King resolves to lessen any way his own Power this is not done by the Authority of the three Estates as certainly it would be if they had the power to lessen his Authority but the King does the same from his own proper Motive as when the King binds up his own Hands form granting Remissions in cases of fore-thought Fellony Ja. 4. Par. 6. Act 63. And when an Act was to be made forbiding the Lords of the Session to admit of private Writings from the King to stop the procedure of Justice this is not Enacted by the three Estates but only by the King and is founded upon the Kings own promise Act 92. Par. 6. Ja. 6. And in all Acts of Parliament the King only Statutes as Legislator and the Parliament only Advise and Consent which shews that they are not Co-ordinate with the King as is asserted by Buchannan and others much less above him And the Acts of Parliament in the late Rebellion having run thus Our Soveraign Lord and the three Estates contrary to the

Minors cannot be ill since God almighty us'd to make such a choice I know that Eccles 10. 16. says Woe unto the Land when thy King is a child but the Criticks interpret this of a King that is childish Puer intellectu moribus or because Factions arise by the opposition to his Regents and this inconveniency did more necessarily attend the allowing a Regent King during Life for both the Subjects and the true Heir rais'd Factions in that Case whereas the Subjects only are factious in the other and yet even they are no more factious for that short time than they are always in Commonwealths 4. The reason why the Minor King was to have one to supply his Non-age ceasing with his Majority it was unreasonable that the Remedy should have lasted beyond the Disease and the worst effect that could have been occasion'd by the Infant King's Minority was that the Kingdom should have been during that time govern'd by joint advice of Parliament Councils and Officers of State which in Buchanan's opinion in other places of his History and Book De Jure Regni is so excellent a Model that he decries Monarchy as much inferior to it 5. It was most inconvenient to accustom any private Family to live in the Quality of a King 6. It could not but occasion many Murders and much Faction for the true Heir could not live peaceably under this Eclipse and Exclusion nor could the Uncle live without making a Party to secure his pleasant Usurpation 7. As these Divisions and Factions were the natural and necessary Effects that were to be expected from this irregular Succession so it is very observable that from King Fergus to King Kenneth the third we had Seventy nine Kings amongst whom almost the half were the most impious tyrannical or lazy Kings that ever we had according to Buchanan's Character of them so happy and wise a thing is this so much magnified Election of a Successor by the People and their Representatives to supply the defects of the lawful Heir whereas from K. Kenneth the third to King CHARLES the Second inclusive we have had Thirty one Kings Twenty six of whom have succeeded by a due lineal Right and have prov'd vertuous Princes greater by their Merit than their Birth as if God had design'd to let us see that though most of them succeeded whil'st they were very young yet that he can chuse a fitter Successor than Parliaments can do whereas the other five Kings who came to the Crown against that Law of Kenneth the third viz. Constantine the Bald Grimus Mackbeth Donal Bain and Duncan the second were all persons who deserved very ill to be preferred to the true Heir and who as they came to the Crown against Law so govern'd without it And it is very strange that the Fanaticks who think that every throw of the Dice is influenc'd by a special Providence will not allow that God does by a special Providence take care who shall be his Representative who shall be the Pastor of his Flock and nursing Father of his Church let us therefore trust his Care more than our own and hope to obtain more from him by Christian Submission Humility and Obedience than we can by Caballing Rebelling and Sacrilegious Murdering or Excluding the TRUE SUCCESSOR POSTSCRIPT IN regard there is Pag. 194 195. mention made of an Act of Parliament determining the Succession of Robert the Second's Children and referr'd to here upon further Consideration the Author has thought fit to defer the printing of it till another time the Substance of it being inserted in the said Pages Books Printed for and Sold by RICHARD CHISWELL FOLIO SPeed's Maps and Geography of Great Britain and Ireland and of Foreign Parts Dr. Cave's Lives of the Primitive Fathers in 2. Vol. Dr. Cary's Chronological Account of Ancient Time Sir Tho. Herbert's Travels into Persia c. B. Wilkin's real Character or Philosophical Language Hooker's Ecclesiastical Polity Guillim's Display of Heraldry with large Additions Dr. Burnet's History of the Reformation of the Church of England in 2. Vol. Account of the Confessions and Prayers of the Murtherers of Esquire Thynn Burlace's History of the Irish Rebellion Herodoti Historia Gr. Lat. cum variis Lect. Bishop Sanderson's Sermons with his Life Fowlis's History of Romish Conspir Treas and Usurpat Dalton's Office of Sheriffs with Additions Office of a Justice of Peace with Additions Lord Cook 's Reports in English Edmunds on Caesars Commentaries Sir John Davis's Reports Judge Yelverton's Reports The Laws of this Realm concerning Jesuites Seminary Priests Recusants the Oaths of Supremacy and Allegiance explained by divers Judgments and resolutions of the Judges with other Observations thereupon by Will. Cawley Esq Josephus's Antiquities and Wars of the Jews with Fig. QVARTO DR Littleton's Dictionary Latine and English Bishop Nicholson on the Church Catechism History of the late Wars of New-England Dr. Outram de Sacrificiis Bishop Taylor 's Disswasive from Popery Parkeri Disputationes de Deo The Magistrates Authority asserted in a Sermon By James Paston Dr. Jane's Fast Sermon before the Commons 1679. Mr. John Jame's Visitation Sermon April 9. 1671. Mr. John Cave's Fast-Sermon on 30. of Jan. 1679. Assize Sermon at Leicester July 31. 1679. Dr. Parker's Demonstration of the Divine Authority of the Law of Nature and the Christian Religion Mr. William's Sermon before the Lord Mayor 1679. History of the Powder Treason with a vindication of the proceedings relating thereunto Speculum Baxterianum or Baxter against Baxter Mr. Hook's new Philosophical Collections Bibliotheca Norfolciana sive Catalogus Lib. Manuscript impress in omni Arte Lingua quos Hen. Dux Norfolciae Regiae Societati Londinensi pro scientiae naturali promovenda donavit OCTAVO BIshop Wilkin's Natural Religion Dr. Ashton's Apology for the Honours and Revenues of the Clergy Lord Hollis's Vindication of the Judicature of the House of Peers in the Case of Skinner Jurisdiction of the House of Peers in Case of Appeals Jurisdiction of the House of Peers in Case of Impositions Letters about the Bishops Votes in Capital Cases Dr. Grew's Idea of Philological History on Roots Spaniard's Conspiracy against the State of Venice Dr. Brown's Religio Medici with Digby's Observations Dr. Symposon's Chymical Anatomy of the York-shire Spaws with a Discourse of the Original of Hot Springs and other Fountains Hydrological Essays with an Account of the Allum works at Whitby and some Observations about the Jaundice Organon Salutis or an Instrument to cleanse the Stomach With divers new Experiments of the Vertue of Tobacco and Coffee with a Preface of Sir Hen. Blunt Dr. Cave's Primitive Christianity in three Parts Ignatius Fuller's Sermons of Peace and Holiness Doctor Sanway's Unreasonableness of the Romanists Record of Urines The Tryals of the Regicides in 1660. Certain genuine Remains of the Lord Bacon in Arguments Civil Moral Natural c. with a large account of all his Works by Dr. Tho. Tennison Dr. Puller's Discourse of the Moderation

by God but that it is immediatly bestowed by God upon Kings and Refutes Bellarm. de laico c. 6. maintaining That the Jesuits Doctrine in this lessens Authority and raises Factions and contradicts both the Design and Word of God Duvalius de suprem potest Rom. Pontif. p. 1. q. 2. Asserts that Kings derive their Rights by the Laws of God and Nature non ab ipsa Republica hominibus and in all this the Fanaticks and Republicans agree with the Jesuits against Monarchy In the Civil Law this is expresly asserted Cod. de vet Cod. enucleand Deo anctore nostrum gubernante imperium quod nobis a coelesti majestate traditam est Nov. 6. in init Nov. 133. in proem in Nov. 80. 85 86. Justinian acknowledges his Obligation to care for his People because he received the Charge of them from God and certainly Subjects are happier if their Kings acknowledge this as a duty to God than if they only think it a Charge confer'd on them by their People and that they are therefore answerable to them That the Doctors and Commentators are of this opinion is too clear to need Citations vid. Arnis cap. de Essentia Majest Granswinkel de jur Maj cap. 1. 2. As to the Heathens Hesiod in Theog ver 96. says 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings are from God Homer sayes their Honour is from God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iliad 1. verse 197. Themistous asserts that the Regal Power came from God Orat. 5. whith whom agrees Dion Chrysostom Orat. 1. diotog apud Stob. serm c. Plat. de legibus c. But above all Aristotle in polit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Plutarch Agis Cleom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If to these Statutes and Citations it be answered That God Almighty may indeed be the principal and chief Author of Monarchy and that Monarchs may derive their Power from him as from the Supream Being that directs all more immediate Causes and yet the People may be the immediate Electors of Monarchs and so Kings may derive immediately from them their Power and thus these Statutes are not inconsistent with the principle laid down by Buchannan and others whereby they assert That Kings in general and particularly the Kings of Scotland derive their Power immediately from the People To this my answers are that first If we consider the propriety of the Words there can be nothing more inconsistent then that Kings should derive their Power from God Almighty alone and yet that they should derive it from the People for the Word Alone is of all other words the most exclusive 2dly The design of the Parliament in that acknowledgement was to condemn after a long Rebellion the unhappy Principles which had kindled it and amongst which one of the chief was that our Kings derived their Power from the People and therefore they might qualifie or resume what they at first gave or might oppose all Streaches in the Power they had given and might even punish or depose the King when he transgressed none of which Principles could have been sufficiently condemned by acknowledging that though God was the chief Author yet the People were the immediate Electors 3dly There needed no Act of Parliament be made for acknowledging God to be the chief Author and first Fountain of every Power for that was never controverted amongst Christians 4thly That foolish glosse cannot at all consist with the Inferences deduced from that Principle in the former Statutes for in the 2. Act Par. 1. Char. 2. It is inferr'd from His Majesties holding His Royal Power from God alone that therefore he hath the sole choice of his own Officers of State Privy Counsellors and Judges And in the 5th Act it is inferr'd from the same Principle that because he derives his Power from God alone that therefore it is Treason to rise in Arms without his Consent upon any pretext whatsoever and in the 2 d. Act Par. 3. Char. 2. It is concluded that because our Kings derive their Power from God Almighty alone therefore it is Treason in the People to interrupt or divert their Succession upon any Difference in Religion or other pretext whatsoever whereas all this had been false and improper Reasoning if the design of the Parliament had not been to acknowledge that our Kings derived not their Power from the People for though they derived their Power from God as the supream Being only and not as the immediate bestower and if the People were the immediat bestowers of that Power then the People might still have pretended that they who gave the Power might have risen in their own Defence when they saw the same abused and might have diverted the Succession when it descended upon a person who was an enemy to their Interest but how false this glosse is will appear more fully from the following Arguments and it is absolutely inconsistent with St. Augustins opinion formerly cited wherein he forbids to attribute the giving of Kingdoms to any other but to God My second Argument for proving that Kings derive their Power from God alone and not from the People shall be from the principles of Reason For First The Almighties design being to manifest his Glory in Creating a World so vast and regular as this is and his goodness in Governing it and that Men might live peaceably in it having both Reason and Time to Serve him it was consequential that he should have reserved to himself the immediate dependence of the supream Power to shut out the extravagant and restless multitude from those frequent Revolutions which they would make and Desolations which they would occasion if they thought that the Supream Power depended on them and that they were not bound to obey them for Conscience sake so that those expressions in Scripture were very useful in this to curb our Insolencies and to fix our restlesness and it seems that Kings are in Scripture said to be gods to the end it might be clear that they were not made by Men. 2dly God Almighty being King of Kings it was just that as inferiour Magistrates derived their Power from the King so Kings should derive their Power from God who is their King and this seems to be clear from that analogy which runs in a Dependence and Chain through the whole Creation 3dly as this is most suitable to the principles of Reason so it is most consonant the analogy of Law by which t is declar'd that no Man is master of his own Life or Limbs nemo est Dominus membrorum suorum and therefore as no Man can lawfully take away his own Life so neither can he transfer the power of disposing of it to any other Man and consequently this Power is not derived to Kings and Princes by privat Men but is bestowed upon them by God Almighty who is the sole Arbiter of Life and Death and who can only take it a away because he gave it And if it be objected that this last branch