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judgement_n authority_n council_n pope_n 2,331 5 7.2408 4 true
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A87586 Parliament physick for a sin-sick nation. Or, An ordinance of Parliament explained, and applyed to these diseased times. Containing a catholicall medicine for all natures and nations, but especially, a generall receipt for all the sickly people in our English-hospitall, and Welch-spittle, compounded after the art of the apothecary, and according to Parliament prescription, as hereafter followeth. Wherein thou mayst see as in an urinal-glasse, the dangerous state of thy English mother, and the genius of the reforming physitians, in seeking her speedy cure, and lasting happinesse, unto all succeeding ages. / By Philo-Parl. Imprimatur, Ja: Cranford. Joceline, Nathaniel.; England and Wales. Parliament. aut 1644 (1644) Wing J757; Thomason E45_13; ESTC R21825 121,637 146

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Whereas ye call the Doctrine of Christ that now by Gods great mercy and to your griefe is universally and freely preached A Parliament Religion A Parliament Gospel for such sobriety becometh you well and may stand you in stead when learning faileth ye might have remembred that Christ himselfe at the beginning was universally received and honoured through this Realme by assent of Parliament And further that without Parliament your Pope himselfe was never received no not in the late time of Queene Mary Yea and even then his Holinesse was clogged with Parliament conditions that Whatsoever had been determined in Parliament and was not repealed were it never so contrary to his Will and Canons should remaine still inviolable and stand in force otherwise his Holinesse had gone home again Such Master Harding is the Authority of Parliament Verily if Parliaments of Realmes be no Parliaments then will your Pope be no Pope therefore as you now call the truth of God which we now professe a Parliament Religion and a Parliament Gospell even so with like sobriety and gravity of speech ye might have said Our Fathers in old time had a Parliament Christ And your late fathers and brethren had of late in the time of Queene Mary a Parliament faith a Parliament Masse and a Parliament Pope I pray what is the English of all this P●lyd Virgil Angl. histor l. 11. p 188. Hen 1. but the sense and meaning of that which Polydor Virgil said long ago in his History concerning Henry the first and his great Councell of State whose words are these in English After the French custome they called the Councell in their usuall dialect a Parliament which every King in the beginning of his reign was wont to call that therein if any thing either in the old Statutes or Laws were to be taken away or added again it should be done by the judgement of that Senate and that afterwards as often as the State of the Kingdom required Suo arbitratu he called another Assembly I might write down the first conclusion of the Councell of Basill in the time of Hen. 6. but it would be too tedious thou mayest read it at large in the Acts and Monuments of our Church where thou shalt find that as the authority of a Generall Councell is above the Pope so the authority of a Generall Assembly of a Kingdom is above the King who is to be subject to Lawes according to the first institution of Kingly government in the whole world And therefore in the judgement of that Councell Fox p. 684. Hen. 6. printed Anno 1576. all such are to be esteemed as flatterers who attribute so ample and large authority unto Kings that they will not have them bound under any Lawes for such as so do say talke otherwise then they think I cannot omit the determination and plaine English of a most skilfull Lawyer in his time which is this There is no King Carpzorius de Capitulatione Caesarea cap. 1. or chiefe Commander in the whole Christian world whose power may not be restrained by the Orders and Degrees of a Common-wealth by vertue of their Compact and Agreement at first Such as would cast our government into the mould of the Jewish Monarchy cast it into a bounded mould Jun. Tremel in loc S●c volo sic ●ubeo violentum genus dom●nandi est tyrannicum neque unquam potest esse diuturnum Pet. Martyr 2 Sam. 5.3 Intrum est foedus ut dominatio esset Pia. Justa Clemens ut rex populum secundum jura ac leges gubernaret populus autem ei pareret Mart. in loc and stinted jurisdiction 2 Sam. 5.3 The Elders of Israel and David made a conditionall Covenant Davids goverment was not arbitrary An Arbitrary Government is not onely violent but also tyrannicall and cannot be perpetuall and therefore Kings ought alwayes to have before their eyes that great charter Deut. 17. for the law of God is to be the Schoole-dame of Princes and their line and rule by which if they square all their counsels and actions they shall not erre and therfore David in the 101. Psal did willingly oblige and binde himself to three things 1. that his government should be pious 2. just 3. mercifull as appeareth plainly in that psalme Also you shall find the same confirmed 2 Kings 11.17 which was that the King should governe the people according to Laws and Statutes and that they should obey him so commanding This was not saith the same authour a new Covenant but the renovation of the old which Athaliah had broken They that write concerning the Sanhedrin Joseph l. 4 c. 17 the highest Court amongst the Jewes Numb 11.16 which continued untill the time of Herod who put it down to set up a Tyrannicall government of his own make it differ very little from our English Parliament First Mos●s Kot● 〈…〉 in regard of the number it was the fullest Court there were 70 Elders in it and the Nas●or Prince did sit in the midst of the halfe circle Secondly in regard of the place it was in the chief City the Metropolis of the Kingdom Ierusalem Thirdly 〈◊〉 N●m 〈◊〉 in regard of their Election there were 6 chosen out of every tribe except out of the tribe of Levi out of which onely 4. were elected Fourthly in regard of their power which was very great 1. Galatin l 4. c. 5. There was no Appeale from this Court 2. It s authority continued in the vacancy 3. The authority of the Prince did not infringe the power of this Court Lastly 〈…〉 ●●op H●●od Sabellicu● Grin●ston in the lives 〈…〉 Domit an 〈◊〉 they that would cast our Government into the mould of the ancient Roman Monarchy will misse of their much desired Boundlesnesse and absolute Monarchy for it plainly appeareth by Roman Histories That the Roman Senate did not onely elect and confirme their Emperours but did also oft times exercise a judiciary power over them even beyond coertion or restraint The Emperours themselves were willing with it many of them H●c p●o me u●e e si justa ●ape a 〈◊〉 contra me si in●usta and therefore Dion prayseth Trajan the Emperour because when he set a Tribune over the Praetours and put a sword into his hand he said to him after this manner Use this sword for me so long as I rule well but use it against me if I command unjust things Therefore the Emperour promiseth that he will do nothing Contra jus contrary to Law and Equity Imperator in ●od lib 4. that so his decrees may be of force in the places of judicature and that they ought to be of no force if it be apparent that they swerve from the right line of Justice Moreover he saith Vt revera mapus imperio est that the power of the Roman Empire doth so much depend on the authority of the Law that its greater then the Empire It s true the