Selected quad for the lemma: state_n
Text snippets containing the quad
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A64699
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The Un-deceiver
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1643
(1643)
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Wing U41; ESTC R24648
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10,259
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15
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and Parliament and some of them drink Healths upon their knees to the confusion of the Parliament Now to fight against the Parliament is to fight against the King and the Kingdom both at once against the King because the Parliament is the Kings Court His highest Court from whence there is no appeal and therefore they who oppose that Court are guilty of the highest Rebellion because they oppose the Kings highest Power and Authority The Parliament then fighting for the maintenance of the Kings Authority in that Court and the Cavaliers fighting against it is cleer and evident that the Parliament fight for the King and the Cavaliers against Him because they that oppose the Kings Authority in His Courts do manifestly oppose the King And if the King in person be so far seduced as to oppose the Authority of that Court we ought not to assist the King in opposing of His own Authority for by that means we should disobey His Authority that we might obey His pleasure which every wise man and good Subject will count most absurd Malignants and Cavaliers might learn by the Lord of Straffords case That the Kings personall or verball command will not bear them out against the Kings Legall Power and Authority in His highest Court Moreover to fight against the Parliament is to fight against the Kingdom for the Parliament is the Representative Body of the Kingdom and if that Court be overthrown then farewell Religion Liberty Law and all Finally the Kings Army employ their strength against all strict and pure Protestants they do either plunder imprison or murther them in all places where ere they come whereby it is evident that they fight against the Religion established by Law and endeavour by force and violence to root all cordiall and sincere Protestants out of the Kingdom In a word they would by an absolute Conquest make all the Subjects of England slaves to that so much affected absolute and Arbitrary Power and make all the wealth c. of the Kingdom a present booty to their Pride Lust Malice Covetuousnesse and what not But the great question is Whether the Parliament hath Power to raise an Army without the consent of the King First the King hath consented that this Parliament should not be dissolved without the consent of Lords and Commons but should have the full Power and Priviledges of a Parliament Now the Parliament by its ordinary Power as a Court of Iudicature can declare and enforce Law and therefore may in case of resistance compell stubborn Delinquents by force of Arms to abide a Legall tryall for this may bee done by an inferiour Court and therefore much more by the highest Court Now this Power being setled in the Parliament by Law it is setled there by the Kings consent And therefore no man can say that the Parliament doth raise Forces without the Kings consent But on the other side the King cannot raise Forces by His own personall command without consent of the Parliament because the King in His own person is not a Legall Court of Iustice 2. In case that the whole frame of the State be endangered the Cōmonwealth like to be ruined The Parliament hath a priviledge to do what in their wisdom seems meet for the preservation of the kingdom For the safety of the people is the highest Law an higher Law then Statute-Law for all Statutes must give place to it and therefore the Parliament need not urge Statute for those things which they do by Priviledge as the highest Counsell and the highest Court nay when they seem to break Statutes according to their Letter they fulfill them according to their scope and intent for the scope and intent of all Laws is to preserve the kingdom by preserving the Properties Liberties Lives of the people and preventing or restraining Acts of Oppression and Tyrannie That the Parliament hath such a Power a Legall and sufficient Power to prevent and restrain Tyrannie is acknowledged by the King himself as hath been already shewn 3. This Priviledge of the Parliament tends not onely to the preservation of the kingdom but to the preservation of the King himself For as it is in the naturall body if there be a mortall wound in the body the head dyes aswell as the body so is it in the Body Politique if there be a mortall wound given to the State and Common-wealth the king and the kingdom will both perish together for it is impossible He should be a king without a kingdom 4. The two Estates of Lords and Commons have more power to preserve the kingdom then the king hath to destroy it for the two Estates by the very Fundamentalls of Government are bound to prevent the dissolution of the established frame and the primary intention of the frame in such States as ours justifies the exercise of any Power conducing to the safety of the community and Government established as is proved at large in a modest Treatise of Monarchy lately published by an earnest desirer of his Countries Peace in the Second and Fourth Chapters of the First Part and in the Third and Fift Chapters of the Second part For it is cleer and evident that the two Estates were purposely Ordained to prevent or restrain the excesses of the third and therefore their Power is not wholly dependent upon and derived from the third because then their Power would be insufficient to compasse that very end for which they were Ordained For to go about to restrain and limit a Governour by a Power wholly subject to and depending on himself is all one as to leave him at large without any limitation at all Besides it is manifest that the two Estates have a share in the highest act of the highest Power to wit the making of Laws and therefore they have a share in the highest Power it self and by vertue of that Power may supply the defects and curb the wilfulnesse of a Passionate King who affects an Absolute or Arbitrary Government 5. The Parliament hath a Power to re-call all the Illegall Commissions which the King hath granted to Forreign Princes Papists Delinquents Cavaliers or any other and to disanull or damn them by pronouncing them to be void in Law and therefore of none effect And nothing is more usuall then for a Parliament to damn Illegall Commissions Patents Writs c. and therefore no Commission of Array can justifie the proceedings of those hot spirits who are risen in Rebellion against the Parliament the State and Common-wealth of this Realm But you 'l say that in this Vow you do likewise promise to defend and maintain others in whatsoever they shall do in purfuance of this Vow and Covenant and you do not know what excesses your Confederates may run into The answer is easie You are bound to assist them according to your power or vocation if then they demand some assistance that is beyond your power you are not bound to an Impossibilitie this yoke is easie and burthen light Again if they call upon you to do any thing that is sinfull that is not a Vocation but a Temptation you may refuse Besides you are to assist him in the pursuance of this Vow now every man that takes this Covenant doth in the beginning of it Covenant to amend his wayes and therefore you may remember your friend or neighbour that he must set upon a work worthy of a Reformed Protestant because he hath entred into a Covenant of amendment or Reformation and then you will according to your power and vocation assist him in the pursuance of his Vow of Reformation though it cost you your life for that Text must in these times work powerfully upon all tender consciences We ought to lay down our lives for the brethren 1 Ioh. 3. 16. not onely for our Brethren in a spirituall sence but for our brethren in civil respects If I would have my brethren of the same Town or City my brother-Subject my brother-English-man to lay down his life for me I am bound by the Law of Nature To do as I would be done by namely to lay down my life for him Let us therefore in obedience to the Law of God the Laws of the Land and the Authority of the highest Court of the Kingdom according to our power and vocation take away the wicked from before the King if we love the King let us do it for by that means the Kings Throne will be established Let us lay down our lives for God and our brethren that Religion Kingdom Throne Law Liberty Peace and all may be established Amen Amen Imprimatur Ja Cranford FINIS
Tyrannie must be defended by us according to our Oath of Allegiance for the Kingdom is governed by the Courts of Iustice and if the highest Court the Parliament be overthrown what Iustice is there to be hoped for in lower Courts The Government of the Kingdom will be overthrown His Majesty addes in the place fore-cited page 20. That if one Estate be suffered to encroach upon the rest and the King is now most likely nay doth most dangerously encroach upon the other two Estates there will be a totall subversion of or overthrow of the Fundamentall Laws and that excellent Constitution of this Kingdom which hath made this Nation so many yeers both famous and happy Finally we are bound by our Oath of Allegiance to defend the Subjects as well as the King and therefore we are perjured if we do not now defend our fellow-Subjects from that violence which is daily offered them by those who pretend some Commission from the King We are therefore much encouraged by the Oath of Allegiance to defend the Parliament and our Country from all illegall oppressions and by the grace of God we will keep our Oath Their next Objection is That there is nothing in this Covenant concerning the Defence of the Kings person To which it is answered That we have already engaged our selves to defend the Kings person in a former Covenant when we took the Protestation and therefore there was no necessity of repeating it in this Covenant 2. The Kings person is most endangered by those very forces who call themselves the Kings Guard for they put the King upon most dangerous attempts they urge him to go into the field which if they loved him they would never do David was beloved of his Subjects and therefore his Subjects would not suffer him to go down into the Battell The King said unto the people I will surely go forth with you my self also But the people answered Thou shalt not go forth for thou art worth ten thousand of us 2 Sam. 18. 2 3. It is true the Kings person is in danger but who 's in the fault Not the Parliament for they have like his great Counsell advised him like Christians prayed for him like Subjects petitioned him like States treated with him but all in vain The Delinquents then are in fault who cryed out that the King was in danger and now indeed they have made it good for the King was in no danger till he came into their hands onely they themselves were in danger of a Legall Tryall and therefore under pretence of protecting the King the truth is they endanger the King to protect themselves from a Court of Iustice If they did not love themselves better then the King they would adventure themselves and keep the King out of danger It is farther objected that it seems unlawfull to enter into Covenant against those Forces which are raised by the King There are three things very considerable for the satisfying of this doubt 1. Whether the Forces which are raised by the King have been legally raised 2. What kinde of Forces they are which are raised 3. Against whom they employ their strength now they are raised For the first It is the known Law of the Land that the King ought not to raise any Forces whilest a Parliament is sitting without consent of Parliament 2. The Ports Forts Navie Ammunition of England belong to the Kingdom in point of Interest and Propriety and to the King onely in point of Trust for the use service and defence of the Kingdom 3. It is against the intent and scope of the late Law of Presse or Levie made this very Parliament The King himself then hath delivered His deliberate Iudgement concerning this point and declared the raising of Forces without consent of Parliament to be Illegall What scruple then can remain It being most lawfull to defend our selves from unlawfull force The second point considerable is what kinde of Forces they are which are raised First there are two Forreign Princes called in who do plunder rob murther domineer at pleasure and all wise men will confesse that the neerer they are to the Crown and the better they are esteemed and beloved in the Army the more danger there is to the King and His Royall Issue Some Statesmen not long since were so jealous of that Family that they would not have had it mentioned in our Prayers but we are now grown so secure that they may be trusted with an Army But we have not onely Forreign Princes and barbarous Welsh-men but wilde Irish professed Rebels and more black Regiments then one 2. There are Delinquents up in Arms some that broke prison others that fled beyond the Seas to avoid the stroke of Iustice now these are protected contrary to Law they cannot be pardoned before tryall nor should they be kept from tryall nay it is a question whether the King alone can pardon them after tryall for they who have offended against the three Estates must be pardoned by all three if Equity and Reason may prevail 3. Papists are armed contrary to Law Now whether the Common-wealth of England legally assembled in Parliament may not protect the Kingdom against an Army of Malignants Fugitives Delinquents evil-Counsellors Papists Rebells Forreigners we appeal to the conscience of mankinde let the world judge We are engaged by that solemn Protestation which was taken all England over by the Kings consent to use our utmost power and diligence to bring such persons as these to their deserved punishment and the wisest of Kings assures us that this is the onely means to establish the Kings Throne and consequently to quiet the Kingdom Prov. 25. 5. Take away the wicked from before the King and His Throne shall be established in righteousnesse The direction is especially given to Magistrates and Courts of Iustice and therefore to the highest Court the Parliament for the King being blinded and seduced by them is not likely to put them away but rather to protect prefer them Now the Parliament hath used all fair wayes to take away these Malignants from before the King they have presented an humble Petition they have presented a Legall Summons they are now forced to send a Legall Army that these protected Delinquents may be brought to a Legall tryall for their Legall Summons was derided the Messenger committed and abused witnesse the Summons sent to the Fourteen Yorkshire Gentlemen for disturbing the Peace the Gentlemen being cited to appear before the Parliament refused and alleaged His Majesties Warrant for their stay We need say nothing of the protection and rescue of Beckwith that Iesuited Papist the Story is sufficiently known The third thing considerable is against whom these Forces raised by the King and Queen employ their strength The King hath now declared That he will not Treat any more with the Lords and Commons under the notion of a Parliament and His Souldiers presently shoot or apprehend any man that declares himself for King