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A81227 A letter to a friend. Shewing, the illegall proceedings of the two houses of Parliament and observing God's aversenesse to their actions. Which caused the authours returne to the king and his alleagiance. A. C.; Cowley, Abraham, 1618-1667, attributed name. 1645 (1645) Wing C7A; ESTC R218153 10,181 20

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in Pontus Galatia c. not natives they tyed only by a locall allegeance wee by a locall by a native by a sworne alleageance they to a heathenish we to our annointed Christian King All Divines agree Christ would not have his Church his Gospell planted by any blood but his own and therefore would not suffer Saint Peter to strike to rescue him his King his God Christ then will not that his vine should be drest his Church reformed with the blood of Christians Yet now our reformed Religion permits subjects Jesuite-like to fight against their King for the propagation of the Gospel And that all things be done as the Apostle directs decently and in order they have supprest all Church-Government and left almost every man to be his owne Bishop and if he will his owne Priest The Booke of common-Common-Prayer composed by all the Clergy of England and they legally called confirmed and sealed by their blood and commanded by severall Parliaments for these 100. yeares yet now on a sudden voted downe as Popish But not one particular exception to any one thing in the Liturgy But a set forme of Prayer is a binding of the Spirit and therefore our new Directory tyes not the spirit to words for the cloven tongues speake all languages but the Assembly of Godly Divines prescribes only the matter or effect of their prayer lest the spirit being at too much liberty should pray against the Close Committee and their proceedings The ten Commandements and Commination as restraining our Christian Liberty and Judaicall the Creed not yet rectified according to the sence of the house as erroneous the Epistle and Gospels fitted to the Celebration of their severall dayes as Popish according to the Discipline of the Kirke of Scotland are all excommunicated So that now in our new Reformed Church we have neither good Commanded nor evill prohibited no faith confest nor good example to imitate The Reading Psalmes had beene totally banished the Church because written by a King but in respect David was a Prophet too they are left to the wisdome of the Minister to read if he will But the better Meetre of Hopkins and Sternhold because composed by Commoners are commanded to be sung to awaken the sleepie devotion of the otherwise mute Congregation I pray thee pardon mee that I a little sport with our misery but 't is in private and onely to thee All the Lawyers I have spoken with except Corbet and Master Prideaux unanimously agree that all Ordinances made by one or both Houses of Parliament without the King's assent are like man without the breath of life handsome models but uselesse and that all things done or acted by colour or direction of those Ordinances are illegall and invalid and that there is neither president to warrant nor reason to maintaine them And that both our ancient and moderne Lawes were made by the King but advised and consented to by both Houses all which appeares clearly in the penning of our Ordinances and Acts of Parliament even from H. 3. untill within these two yeares for they run thus The King at the instance of his great men provided and ordeined that c. And that manner of penning held untill R. 2. and then The King by assent of the Lords and at the request of the Commons ordaines and establisheth c. And all the following Parliaments even this present in the Act for the Trienniall Parliament uses the same words Bee it enacted by the King with the consent of the Lords and Commons So that in all ages the King made the law the Lords and Commons doe but advise and consent thereunto and custome that is a great part of our law will not that any old law be abrogated or a new law made but by the King with the consent of the two Houses and they are all confident that Master Pryn cannot shew any one Ordinance made without the Kings assent nor any one booke or any ancient opinion that they might nay the very practice of the Houses is against it insomuch as nothing is of record with them but what hath life by the Kings assent So as if a bill hath passed in both Houses yet that if the Sessions of Parliament end before the Kings assent had to that Bill the next Sessions the same Bill must be as at first thrice read in both Houses and againe have all the formalities and circumstances as it had the first Sessions for they cannot this Sessions take notice of their owne Actions in that before The Knights Citizens and Burgesses are but Atturnies or Deputies for their severall Counties Cities and Boroughs and therefore they cannot as Barons which sit in their owne right make a Deputy or party to consent or act for them because by law an Atturney cannot make an Atturny assigne the power and trust to another which is reposed in himselfe and therefore cannot make Committees in severall Counties to raise armes to commit their fellow Subjects c. Nor can Atturnies exceed or alter the power given them by their deputation or letter of Atturney but must follow that And what the power and authority given them is appeares in their Indenture betweene the Sheriffe and those that elect them which is but according as the Kings writ requires not power to doe what they list as appeares by Crompt Ju●is fol. 2. The constant practice and course of Courts best shewes the power and jurisdiction of the Court say the Lawyers and they averre that there is not any one Ordinance of Parliament to be found made by the Lords and Commons without the Kings assent and surely had the two Houses such power the Parliament of Ewd. 2. Rich 2. and Hen. 6. so bitter against the King would have found both the precedent and made use of the power Let these therefore that are so ready to raise armes without the Kings assent nay contrary to his Command nay even against His Person let them consider that in Rich. 2. where his Barons of Parliament and others by colour and in persuance of an Ordinance of Parliament whereby Hugh De le Spencers were banished and to be proceeded against as enemies to the King and Kingdome in case they did returne The Sonne returning to the King the Barons and others pretending that the De le Spencers could not be legally attainted by processe of law because they the De le Spencers had usurped the Royall power and therefore in case of necessity for so is the Booke of old M●g Char. fol 54. mutually bound themselves by oath as we by our Protestations and with Armes and banners displayed persue the De le Spencers and kill and imprison divers of the King Subjects and take their Towns Castles Houses c. and all without the Kings assent as ours doe for which the were glad to take a pardon as ours would be of an act of oblivion the Scotch word for a generall pardon for that oath their armes