Selected quad for the lemma: authority_n
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A91601
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Questions resolved, and propositions tending to accommodation and agreement betweene the king being the royall head, and both Houses of Parliament being the representative body of the Kingdome of England.
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1642
(1642)
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Wing Q186; Thomason E118_38; ESTC R11505
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12,437
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16
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ignorant of the true State and quality of the kingdome of England after the old triple distinction of Empire written by Bartolus and Baldus the best Civilian Doctors viz. That there is Imperium merum and Imperium mixtum cum Jurisdictione and that in some places there is onely Jurisdictio sine imperio as is the state of the Low Countries and other Aristocraticall and Democraticall Governments whereof the first i.e. Merum Imperium was the Romane Empire gotten meerely by the sword and for the most part kept by the sword according to the saying of Justin the Historian in the beginning of his Booke Imperium iisdem modis tenetur quibus paratur And by that Empire Principis placitum legis babet vigorem As Justinian in the first of his Institutes mentioneth The second i.e. Mixtum Imperium cum jurisdictione is the Crowne or Kingly power of England Monarchichall indeed for Rex in solio is sine paci But in Parliamento or Concilio regendi he hath Pares Regni i.e. Peeres so dignifyed by him and honoured from the Fountaine of his Majesties Honour And he hath also the Communitatem Populi which the blessed and ever prosperous Queene Elizabeth accounted sibi preciosissimam And all these three States of King Peeres and Commons were happily Conjunct and preserved together by the ligaments of the ancient Lawes of the Land and Priviledges of Parliament which Lawes and Priviledges were never subjugated by any conquest but ever over-lived the change of Kings and appeased force and induced Kings into their setled Reignes here According as that learned Chiefe Justice Sir Edward Coke was bold in presence to tell his Majesty the late King James of famous memory That the Law set the Crowne upon his head Whereat his Majesty seemed angry but was so prudent and wise as not to be so And the old learned Bracton that wrote like as he was a studyed Civilian as well as a Judge of the Common Law in King Henry the second his time adviseth every King of this Land in these words Id tribuat Rex Legi quod Lex attribuit ei Which two maine points or Principles in this present state of England that is to say the Church Government established with the true Protestant faith and Religion and the free Regall power qualifyed with the Naturall and Nationall Lawes of this Land the untouched Priviledges of Parliament and the Rites and Liberties of the people being not onely Cordially professed and protested by his Majesty but secured by the high wisedome and care of the Peeres and Commons and his Majesty joyously returning to his beloved Parliament May it please the Almighty God of his infinite goodnesse so to inspire both King and Peeres and Commons with his Divine grace that Anarchy and Dissolution of Church Government be avoyded and prevented by due restraint and correction of all Sectaries and Schismatickes Brownists Anabaptists c. Who in truth if they might obtaine their fanaticke intents would have no King at all over them on Earth nor Church or materiall Churches But in rapture of the Spirit would fly up to Heaven for the Judaicke King and in the meane time would hold their Church and Conventicles in the Aire or Woods or Barnes or Stables or in their owne holy breasts whereas though Christ himselfe said his kingdome was not of this world yet he taught his Disciples that in this world they should obey Kings as of Gods ordinance and be tributary to them Date Caesari quae sunt Caesaris And that no conceit of any popular or plebeian sway in this Land be in any true English heart But that the Members of both Houses may so prepare good and wholesome Lawes for the Church as may quite extirpate Popery and prevent Schismes and all rendings or divisions of Christ his seamelesse garment of unity of the Spirit to be fast girt with the bond of Peace And for the Common-wealth that never hereafter there be any more Inrodes upon the Lawes priviledges or Liberties of free English men That finally God may be truely honoured and purely served and worshipped his holy Word rightly dispensed and his Sacraments duely and decently administred And then his Heavenly blessings will undoubtedly showre downe upon this little Isle of Great Britaine and the words and wishes of an Ingenious Votary may be fulfilled Long live King Charles and leave Brave Britaine to his Sonne And he to his and they to theirs Vntill the world be done In this Treatise may be discovered and noted six sorts of malignant parties against this unity of King and Parliament and the happy effects and fruits thereof Whose Corrections or Reformation if it so please God the King and Parliament may be as followeth 1. All Papists Priests and Lay who certainly in their secret dispositions whatsoever they make shew of are against King and Church of England and do plot and practise the advancement of Popish religion and Church and to bring in againe that forreine usurped power of the Pope Supra Reges which is banished and abolished by the Statute 1. Eliz. These may and ought to have the Law and Statutes of the Realme put in execution against them and more severe if neede bee to compell them to come to Church and receive the Communion which if they will doe then let them not be branded with a name of Church Papist so to deterre them and drive them out againe 2. All papal affected Bishops and Clergy who though they contrariwise to the Papist Priests profer to obey Kings yet in their hearts could wish the Clergy to be separate from the Kingly Authority and Temporall Law but to beate downe Law and Priviledges of Parliament doe Hyperbolically exalt and extoll the Monarchicall Arbitrary power of the King as above and solute of all Law and responsall onely to God These must know their error and ignorance in their Tenets of Kingly power and government within this Realme and be told by Sir Edward Coke if he were living that never any man in England kicked his heele against the Lawes of the Land but in fine the Law brake his necke and let these Hierarchical Bishops be corrected of their superbity and reformed in their superiority and domination in the Church and their worldly mindednesse in Country and Commonwealth as please the King and Parliament 3. All Court flatterers and Royalists who daily in their affections and discourses maintaine absolute and Prerogative power in the King to grant by his Letters Patents what and how he will above the Lawes and Statutes and would have Proclamations to be Lawes that so they might have Monopolies and projects to serve their turne These weake men of Learning for the most part in the deepe points of Law and policy must be taught to wait on the King their Master with all diligent service and attendance and leave off their discourses of Kingly Authority and of Parliamentall Priviledges and force of Lawes and content themselves henceforth with the King their Masters reward of their service without peeling or preying on the people with their Monopolies and Projects 4. All Cavaliers Captaines and Martiall men who desire warre and tumult and disturbance in the Land and Commonwealth that so they may have rapine and spoyle These must be sent into forreine parts where they may freely have and take their rapine and spoyle upon forreine Enemies and not to rake the bowels and baggs of their owne Countrymen And there also they may gaine honour by valour which here is not to be used 5. All Sectaries and Schismatickes of the Church who disaffect government either Royall or Ecclefiastique These must learne to Conforme themselves to the uniformity of the Church and to obey and submit themselves to their lawfull King who is the Lords Anoynted and set over them by his divine Ordinance 6. All popular and plebeian Humorists who do affect and desire Democracy which they terme or call a Free state and by their leaves be it said they would have neither this King nor his posterity nor any King to sit on the Throne These must be put in minde or made to know that Monarchy qualified by Law is the best Government As the old Poet Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so all the best learned Authors writing of States and Policy do affirme and conclude and the ancient Histories of England do shew that here was ever one or more Kings But this Land never more flourished then since it hath beene now these six or seven hundred yeeres under one Christian King ruling according to the ancient Lawes Usages and Customes of the Land FINIS
have abused and misled his Majesty whereupon the fourth Question ensueth The Fourth Question 4. What Power or priviledge the High Court of Parliament hath when they are assembled together and are become the Representative Body of the Kingdome IT is Resolved that they with the Kings assent may as cause shall require make new Lawes or abrogate any former Statutes But the maine Common Law and the Ancient Rites Usages and Native Customes of the Land they themselves cannot alter For as the Lawyers phrase is to say it is Oppositum in objecto that they that sit by the Common Lawes and by the ancient Rites Usages and Customes of the Land should alter and change that which gave them their Authority to be a Representative Body Also the two Houses of Peeres and Commons Rege absente non consentiente may declare the Common Law in Cases where doubt is or ambiguity or difficulty but they can make no Law without the King to stand as a Law and Statute Onely they can make temporary Ordinances of Parliament like Orders or Sentences interlocutory sendente Paerliamento and they may censure and punish delinquents But in case the King will not call a Parliament as in Richard the second his time when the urgent occasions of the Common-wealth required it the Peeres called the Parliament Then the Peeres and Commons can doe all things as a compleat Parliament without the King And at this time the Kings Majesty having called a Parliament and so sarre proceeded as he hath done already in making some good and wholesome Lawes for Reformation of the greatest errors and abuses that ever were in this Common-wealth And especially having condescended to a Trienniall Parliament to be for ever hereafter and neither this present Parliament nor any Parliament hereafter assembled to be dissolved without the consent of both Houses Yet now his Majesty being seduced by evill instruments doth dissever himselfe from his Parliament and by his absence doth as they say hinder their proceedings to the making of good and wholesome Lawes for the kingdome and Common-wealth What iâ— this Case may be done is not to be resolved by any wit or judgment but by the absolute Wisedome and Authority of that high Court consisting of both Houses to whom in all humblenesse the Writer hereof leaveth it Neverthelesse with the like humility and awfull feare of offence against the Publique and with a faithfull zeale to the Common-wealth he offereth these considerations scrutative of the matter or cause of the variances betweene his Majesty and his great Councell of Parliament viz. What is the very true cause of his Majesties absence and severance from his Parliament sitting at Westminster whither they were first summoned and which is the most convenient place of their assembly and fitting The King alledgeth that it was the tumultuous riot of the disordered Londoners rash and young Prentices and of furious and fanaticke Brownists Anabaptists and Sectaries of the City and Suburbes pretending to cry out against Bishops but intending and offering affront and disloyalty to his Majesty his Regall authority whereby his royall Person was indangered at Whitehall had he not had a Guard about him and so his Majesty saith they were like to doe againe if he were at London The Parliament saith it was a malignant party of Cavalieres and others not well affected to peace and enemies to the Common-wealth who by flattery and false in sinuations did disswade his Majesty from concurring with the grave advise of his great Councell And the Papists and papall affected Bishops dreading that their plots were discovered and like to be prevented and the delinquents punished by the more scvere Lawes or Orders of the Parliament did incite his Majesty to proceed in that ill advised Course And further that such the malignant party seducing his Majesty endevoured to bring in imperiall power and Arbitrary rule for his Majesty to over-rule the Lawes and ancient Usages and Customes of England and the priviledges of Parliament and abridge the liberty and property of the Subjects The evidence whereof hath beene partly shewne forth by some Declarations divulged and Printed by Order of both Houses of Parliament expressing the precedent attempts of foraine force and domesticke and coercive power of Armes which late before the Parliament was plotted and put in way of constraint upon the Common-wealth And that moved the Parliament to crave and assume to themselves the Militia at home for the securing of the Coasts of the Sea and of guarding and fortifying the Ports and other places at Land That though his Majesty were seduced and misled by the malignant party and their Complices Yet his Royall Person Crowne and Dignity should be preserved in peace and safety and the Common-wealth and people should be defended and kept in peace and prosperity maugre the devillish plots abroad and within the bowels of the Land by Papists Priests papall Bishops bloody and rapinous military men Captaines and Cavaliers whose disposition was and is properly bent to warre and bloodshed and to rapine and spoile and to make their prey on the wealth of the rich Citizens and other the quiet people of the Land The King contrariwise taking high displeasure at that part or point of the Parliaments Demand for and touching the Militia Alledged that the right of Militia or Command of Armes within the Land belongeth properly to his Regality and as a Flower of his Crowne not to be assayed or attempted by any Subject no not the High Court of Parliament though they be the Representative body of the people no more then it could be lawfull for the people themselves to rise and take Armes against their Soveraigne King Wherein as by some Written and Printed discourse or Declaration It hath beene already avowed and maintained that the Militia was not improperly desired of and from his Majesty nor unlawfully assumed by them for a certaine convenient time They perceiving more then the King or people doe know of the imminent danger both of his Royall Person Crowne and dignity and to the priviledges of Parliament and to the Lawes of the Land and Liberties of the People like to beene subverted and most especially the whole honour and true worship of God and true Protestant Religion to be overthrowne may and will by and through Gods grace and assistance prevent and pervert or quell and subdue the evill and wicked attempts of all the malignant opposites It is therefore by all true and sound reason of all Lawes Divine Lawes of Nature and Nations Civill policy and the Provinciall Rites Usages and Custome which are the Lawes of his Land resolved that the Militiai to be distinguisht of and the point defined and determined thus viz The King of this Land no lesse but as much and as amply as any other Foraine Christian King hath in himselfe and pertaining to his Regalty Crowne and Dignity the Jus Militiae at all times to use and to lead and to command by his Lieutenant the