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A29269 A plea for the peoples fundamentall liberties and parliaments, or, Eighteen questions questioned & answered which questions were lateley propounded by Mr. Jeremy Jves, pretending thereby to put the great question between the army and their dissenting brethren in the Parliament of the commonwealth of England out of question / by Capt. William Bray. Bray, William, 17th cent.; Ives, Jeremiah, fl. 1653-1674. Eighteen questions propounded. 1659 (1659) Wing B4306; ESTC R158 13,677 22

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in the first and second answers And I do further averr that a Parliament may be free in its election or originall being and operations or exercise and to and in the end of its Session yet they are bounded by the Fundamentall Lawes and Liberties of the Nation and this doth not make them ever the more unfree because the Fundamentall Lawes doth limit the delegated power and hinder them from doing that which is ipso jure ipso facto Illegall in it self viz To destroy the Fundamentall Lawes which is the salus populi suprema lex and according to all which any Statute is to be made And therefore Parliaments I conceive will hardly give you thanks in making their Authority power to be greater then is desireable whereby to induce them to think they have no bounds by which Cogitation they may do Acts that may prove a snare unto them And the people have no reason to thank you for if there be no Fundamentalls and a limitted Delegation in the Supreame Legislative power they might feare some danger to themselves in their Eelection of their Parliamentary Conservators But there being such Righteous Fundamentalls and the peoples Right to have Parliaments every year or oftner if need be the people need not fear Parliaments but have much reason to love their CONSTITUTION Question IV. If it shall be answered in the Affirmative that a free Parliament ought to be so chosen and so impowred as aforesaid I demand as the Nation is now influenced by Priests Lawyers and Cavaliers how the end of the good People can be answered by a Parliament so elected and impowred Answer IV. Although there may be danger in the having a free Parliament considering our late intestine civil Warrs and animosities and so it doth behove those that have been faithfull in the Cause of their Country to seek to save and defend themselves from destruction and Violence and our Enemies might tax us as well as our own hearts condemne us with carelessness and want of common ingenuity if we should not have respect to our just preservation yet consider this hath been the pretence for very many years to avoyde our Rights and it is the only way to continue perpetuall animosities and to manifest that we trust not in the Lord our God at all And besides consider danger is no argument against Right Upon this and the like suitable suggestions of yours the people may be for ever deprived of their Fundamentall and auntient Lawes and Birthrights as they were for a time by that Illegall mischievous Acts of Parliament with a flattering Preamble of 11 H. 7. cap. 3. as that famous Lawyer the Lord Cook calls it in the fourth part of his Institutes The colours to make an Act good or seeme good if colours only can make an Act to be so were as specious as these which you have given or can be made to extend unto to justifie a force or deny or question Right The said Illegal mischievous Act was pretended to be made to avoyde divers mischiefs 1. To the displeasure of Almighty God 2. To the great let of the Common Law 3. The great let of the Wealth of the Land Which were I averr as great or far greater pretences as to tell us of influenced Lawyers Priests and Cavaliers For our Fundamental established Lawes are so excellent and good in themselves that no artificial Rhetorique of influenced Lawyers Priests or Cavaliers your names of distinction or indeed any other Faction as well as they you name could yet ever subvert them or raze them and there may or can be given you a very great Catalogue in convenient season of the force of the Law and the visible displeasure of God and good people in very many Generations past against such influenced persons when by their acquired wit and interest they have done the Nation injury in willful acts and endeavours to subvert the publick Fundamental Lawes And I have read Cassiodor saith Jura publica certissima sunt vitae humanae solatia infirmorum auxilia impiorum fraena The Publick Laws are the most certain Comforts of humane life they are the helps of the weak and the Bridles of the Impious Our Publick Fundamental Laws are the Bulwarks of our Nation in general and of Families and persons in particular and if we can enjoy them we have earthly happiness therein Question V. If ever any Parliament could have answered the ends of the good people I demand whether the last long Parliament were not once the most likely of any that went before them or of any that can be expected to succeed them Answer V. You need not publish a questioning or doubt of the ability of Parliaments to answer the ends of the good people for it doth too much tend to weaken dissolve the peoples love affection to their own Right of Parliaments indeed the long Parliament were most likely in our late times for many Reasons to answer the expectations of the good people because of the Power invested in them by Act of Parliament not to be dissolved unlesse by Act of Parliament or adjourned unless by themselves or their own Order And further because of those high and Eminent Obligations they had upon them of their Faith and Promises and of their Declarations and invitations to the people in the case of the original of the Warr which hath caused much blood shed expense of Treasure And therefore sithence you and others had Commissions from the remainder of them who were a declared refined party by the excellent pretences and by power of some influenceing Officers of the Army your expectations were so much the more liklier and neerer to be answered you in a peacable way of submission obedience rather then a violent way of interruption Unlawfull and determined Violence many times Causes sad and lamentable facts against the Vertues of Justice Temperance Prudence and Fortitude tending only to produce cares and feares innumerable and only to leave place for great trouble and repentance or the severe hand of God Question VI Notwithstanding the great hopes we had of them Considering the good beginnings they made and the faire opportunityes they had to perfect what they had begun I demand whether the most Considerable of the good things they did viz the takeing away Kingship and Peerage and declaring this Nation a free State were not rather the fruits and effects of that force which was put upon them when the Army garbled them then the Votes and Results of a free Parliament Answer VI You take your opportunity to keep the Parliament of the Commonwealth of England out of their Right supposing you are well backed by a great revolt or force But yet you consider they made good beginnings as well as alleadge and averr that they had faire opportunities But whether you do fairly to question whether the most considerable of the good things you cite and mention they did were more the fruits and