Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	council_n	king_n	writ_n	3,088	5	9.2496	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28378	Resuscitatio, or, Bringing into publick light severall pieces of the works, civil, historical, philosophical, & theological, hitherto sleeping, of the Right Honourable Francis Bacon, Baron of Verulam, Viscount Saint Alban according to the best corrected coppies : together with His Lordships life / by William Rawley ...	Bacon, Francis, 1561-1626.; Rawley, William, 1588?-1667.	1657 (1657)	Wing B319; ESTC R17601	372,122	441

Injustice it is plain and cannot be denied that we hear but the one Part Whereas that Rule Audi alteram Partem is not of the Formality but of the Essence of Iustice Which is therefore figured with both Eyes shut and both Eares open Because she should hear both sides and respect Neither So that if we should hap to give a right Judgement it mought be Iustum but not Iustè without hearing both Parties For the Point of Derogation his Lordship said He knew well we were no lesse ready to acknowledge then Himself That the Crown of England was ever invested amongst other Prerogatives not disputable of an absolute Determination Power of concluding and making War and Peace Which that it was no new Dotation but of an ancient Foundation in the Crown he would recite unto us a number of Presidents in the Raignes of severall Kings And chiefly of those Kings which come nearest his Majesties own worthinesse Wherein He said that he would not put his Credit upon Ciphars and Dates Because it was easie to mistake the year of a Raign or number of a Rowle but he would avouch them in substance to be perfect and true as they are taken out of the Records By which Presidents it will appear That Petitions made in Parliament to Kings of this Realme his Majesties Progenitours Intermedling with matter of Warr or Peace Or inducement thereunto Received small Allowance or Successe But were alwaies put off with Dilatory Answers Sometimes referring the matter to their Councell Sometimes to their Letters sometimes to their further Pleasure and Advice And such other Formes Expressing plainly that the Kings meant to reserve Matter of that Nature entirely to their own Power and pleasure In the 18th yeare of King Edward the First Complaint was made by the Commons against the Subjects of the Earle of Flanders with Petition of Redresse The Kings Answer was Rex nihil aliud potest quam eodem modo petere That is The King could do ●o more but make Request to the Earle of Flanders as Request had been made to him And yet no Body will imagine but King Edward the First was potent enough to have had his Reason of a Count of Flaunders by a Warr And yet his Answer was Nihil aliud potest As giving them to understand That the Entering into a Warr was a Matter Transcendent that must not depend upon such Controversies In the 4th year of King Edward the Third The Commons Petitioned That the King would enter into certain Covenants and Capitulations with the Duke of Brabant In which Petition there was also inserted somewhat touching a Money Matter The Kings Answer was That for that that concerned the Moneys they mought handle it and examine it But touching the Peace he would do as to himself seemed good In the 18th year of King Edward the Third The Commons petitioned that they might have the Triall and proceeding with certain Merchants Strangers as Enemies to the State The Kings Answer was It should remain as it did till the King had taken further order In the 45th yeare of King Edward the Third The Commons complained That their Trade with the Easterlings was not upon equall Tearms which is one of the poynts insisted upon in the present Petition And prayed an Alteration and Reducement The Kings Answer was It shall be so as occasion shall require In the 50th year of the same King The Commons petitioned to the King for Remedy against the Subjects of Spaine as they now do The Kings Answer was that he would write his Letter for Remedy Here is Letters of Request no Letters of Mart Nihil potest nisi eodem modo petere In the same year the Merchants of Yorke petitioned in Parliament against the Hollanders And desired their Shipps mought be stayed both in England and at Calais The Kings Answer was Let it be declared to the Kings Councell And they shall have such remedy as is according to Reason In the 2d year of King Richard the second the Merchants of the Seacoast did complaine of diverse spoiles upon their Shipps and Goods by the Spaniard The Kings Answer was that with the Advise of his Councell he would procure remedy His Lordship cited two other Presidents The one in the second yeare of King Henry the Fourth of a Petition Against the Merchants of Genova The other in the 11th yeare of King Henry the 6th Of a Petition against the Merchants of the Stilliard which I omit because they contain no variety of Answer His Lordship further cited two Presidents concerning other points of Prerogative Which are likewise Flowers of the Crowne The one Touching the Kings supremacy Ecclesiasticall The other Touching the Order of Waightes and Measures The former of them was in the time of King Richard the 2d At what time the Commons complained against certaine Encroachments and Usurpations of the Pope And the Kings Answer was The King hath given Order to his Councell to treat with the Bishops thereof The other was in the 18th year of King Edward the First At which time Complaint was made against uneven Waights And the Kings Answer was Vocentur partes ad placita Regis fit Iustitia Whereby it appeared that the Kings of this Realme still used to refer Causes petitioned in Parliament to the proper places of Cognizance and Decision But for the Matter of Warr and Peace As appeares in all the former Presidents The Kings ever kept it in Scrinio pectoris In the Shrines of their own Breast Assisted and advised by their Counsell of Estate His Lordship did conclude his Enumeration of Presidents with a notable President in the 17. year of King Richard the Second A Prince of no such glory nor strength And yet when he made offer to the Commons in Parliament That they should take into their Considerations Matter of Warr and Peace then in in hand The Commons in Modesty excused themselves and answered The Commons will not presume to treat of so high a charge Out of all which Presid●nts his Lordship made this Inference that as Dies Di●m docet So by these Examples Wise Men will be admonished to forbear those Petitions to Princes which are not likely to have either a Welcome Hearing or an effectuall Answer And for prejudice that might come of handling and debating Matter of War and Peace in Parliament He doubted not but that the Wisedom of this House did conceive upon what secret Consideration and Motives that point did depend For that there is no King which will providently and Matu●ely enter into a War But will first ballance his own Forces Seek to anticipate Confederacies and Alliances Revoake his Merchants Finde an opportunity of the first Breach And many other points which if they once do but take winde will prove vaine and frustrate And therefore that this Matter which is Arcanum Imperij one of the highest Mysteries of Estate must be suffered to be kept within the Vaile His Lordship adding that he knew

And that it yieldeth at this day to the King the Fruit of a great Revenue But yet notwithstanding if upon the Stemme of this Tree may be raised a Pillar of support to the Crown Permanent and durable as the Marble by investing the Crown with a more ample more certain and more loving Dowry then this of Tenures we hope we propound no Matter of Disservice But to speak distinctly of both and first of Honour Wherein I pray your Lordships give me leave in a Subject that may seem supra Nos to handle it rather as we are capable then as the Matter perhaps may require Your Lordships well know the various Mixture and Composition of our House We have in our House learned Civilians that profess a Law that we reverence and sometimes consult wi●h They can tell us that all the Laws de Feodis are but Additionals to the Ancient Civill Law And that the Roman Emperours in the full Heigth of their Monarchy never knew them So that they are not Imp●riall We have grave Professours of the Common Law who will define unto us that those are Parts of Soveraignty and of the Royall Prerogative which cannot be communicated with Subjects But for Tenures in substance there is none of your Lordships but have them And few of us but have them The King indeed hath a priority or first Service of his Tenures which shewes that they are not Regall nor any point of Soveraignty We have Gentlemen of honourable Service in the Wars both by Sea and Land Who can enform us that when it is in question who shall set his foot foremost towards the Enemy it is never asked whether he hold in Knights Service or in Socage So have we many Deputy Lievtenants to your Lordships And many Commissioners that have been for Musters and Levies That can tell us that the Service and Defence of the Realm hath in these dayes little dependance upon Tenures So then we perceive that it is no Bond or Ligament of Governme●t No Spur of Honour No Bridle of Obedience Time was when it had other uses and the Name of Knights Service imports it But Vocabula manent Res fugiunt But all thi● which we have spoken we confess to be but in a vulgar Capacity which nevertheless may serve for our Excuse Though we submit the Thing it self wholy to his Majesties Judgement For Matter of Conscience Far be it from us to cast in any Thing willingly that may trouble that clear Fountain of his Majesties conscience We do confess it is a noble Protection that these young Birds of the Nobility and good Families should be ga●hered and clocked under the wings of the Crown But yet Natu●rae vis maxima And suus cuique discretus sanguis Your Lordships wil●●avour me to observe my former Methode The Common Law it self which is the best Bounds of our wisdom doth even in hoc Individuo prefer the prerogative of the Father before the prerogative of the King For if Lands descend held in chief from an Ancestour on the part of a Mother to a Mans eldest Son the Father being alive The Father shall have the Custody of the Body and not the King It is true that this is only for the Father And not any other Parent or Ancestour But then if you look to the high Law of Tutelage and Protection And of Obedience and Duty which is the Relative thereunto It is not said Honour thy Father alone But Honour thy Father and thy Mother c. Again the Civilians can tell us that there was a speciall Use of the Pretorian Power for Pupills and yet no Tenures The Citizens of London can tell us There be Courts of Orphants and yet no Tenures But all this while we pray your Lordships to conceive That we think our selves not competent to discern of the Honour of his Majesties Crown or the Shrine of his Conscience But leave it wholy unto him and alledge these things but in our own Excuse For Matter of Petition we do continue our most humble suit by your Lordships loving Conjunction that his Majesty will be please● to open unto us this entrance of his Bounty and Grace As to give us liberty to treat And lastly we know his Majestie● Times are not subordinate at all but to the Globe above About this time the Sun hath got even with the Night and will rise apace And we know Solomons Temple whereof your Lordship my Lord Treasurer spake was not built in a day And if We shall be so happy as to take the Axe to hew and the Hammer to frame in this Case We know it cannot be without Time And therefore as far as we may with Duty and without Importunity we most humbly de●ire an Acceleration of his Majesties Answer according to his good time and Royall Pleasure A Speech of the Kings Sollicitor perswading the House of Commons to desist from further Question of receiving the Kings Messages by their Speaker And from the Body of the Councell As well as from the Kings Person In the Parliament 7o. Jac. IT is my Desire that if any the Kings Business either of Honour or Profit shall pass the House It may be not onely with externall prevailing But with satisfaction of the Inward Man For in Consent where Tongue strings not Hart-strings make the Musick That Harmony may end in Discord To this I shall alwayes bend my Endeavours The Kings Soveraignty and the Liberty of Parliament are as the two Elements and Principles of this Estate which though the one be more Active the other more Pas●ive yet they do not crosse or destroy the one the other But they strengthen and maintain the one the other Take away Liberty of Parliament the Griefes of the Subject will bleed inwards Sharp and Eager Humours will not evaporate And then they must exulcerate and so may indanger the Soveraignty it self On the other side if the Kings Soveraignty receive Diminution or any Degree of Contempt with us● that are born under an Hereditary Monarchy So as the Motions of our Estate cannot work in any other Frame or Engine It must follow that we shall be a Meteore or Corpus imperfectè mistum which kind of Bodies come speedily to Confusion and Dissolution And herein it is our Happinesse that we may make the same Judgement of the King which Tacitus made of Nerva Divus Nerva res olim Dissociabiles miscuit Imperium Libertatem Nerva did temper things that before were thought incompatible Soveraignty and Liberty And it is not amis●e in a great Councell and a great Cause to put the other part of the Difference which was significantly expressed by the Judgement which Apollonius made of Nero which was thus When Vespasian came out of Iudea towards Italy to receive the Empire As he passed by Alexandria he spake with Apollonius A Man much admired And asked him a Question of State What was Nero's Fall or overthrow Apollonius said Nero could tune the Harp well but in

be too great a Work to embrace whether it were not convenient that Cases Capitall were the same in both Nations I say the Cases I do not speak of the Proceedings or Trials That is to say whether the same Offences were not fit to be made Treason or Felony in both places The Third Question is whether Cases Penall though not Capitall yet if they concern the Publick State or otherwise the Discipline of Manners were not fit likewise to be brought into one Degree As the Case of Misprision of Treason The Case of Premunire The Case of Fugitives The Case of Incest The Case of Simony and the rest But the Question that is more urgent then any of these is Whether these Cases at the least be they of an higher or inferiour degr●e Wherein the Fact committed or Act done in Scotland may prejudice the State and Subjects of England or é converso Are not to be reduced into one Vniformity of Law and Punishment As for Example A perjury committed in a Court of Iustice in Scotland cannot be prejudiciall in England Because Depositions taken in Scotland cannot be produced and used here in England But a Forgery of a Deed in Scotland I mean with a false Date of England may be used and given in Evidence in England So likewise the Depopulating of a Town in Scotland doth not directly prejudice the State of England But if an English Merchant shall carry Silver and Gold into Scotland as he may and thence transport it into forrain parts this prejudiceth the State of England And may be an Evasion to all the Lawes of England ordained in that Case And therefore had need to be bridled with as severe a Law in Scotland as it is here in England Of this kind there are many Lawes The Law of the 50 of Rich. the 2. of going over without licence if there be not the like Law in Scotland will be frustrated and evaded For any Subject of England may go first into Scotland and thence into forrain parts So the Lawes prohibiting Transportation of sundry Commodities as Gold and Silver Ordnance Artillery Corn c. if there be not a Correspondence of Lawes in Scotland will in like manner be deluded and frustrate For any English Merchant or Subject may carry such Commodities first into Scotland as well as he may carry them from Port to Port in England And out of Scotland into Forrain Parts without any Perill of Law So Libells may be devised and written in Scotland and published and scattered in England Treasons may be plotted in Scotland and executed● in England And so in many other Cases if there be not the like Severity of Law in Scotland to restrain Offences that there is in England whereof we are here ignorant whether there be or no It will be a Gap or Stop even for English Subjects to escape and avoid the Lawes of England But for Treasons the best is that by the Statute of 26. K. Hen. the 8'h Cap. 13. any Treason committed in Scotland may be proceeded with in England as well as Treasons committed in France Rome or elsewhere For Courts of Iustice Trialls Processes and other Administration of Lawes to make any Alteration in either Nation it will be a Thing so new and unwonted to either People That it may be doubted it will make the Administration of Iustice Which of all other Things ought to be known and certain as a beaten way To become intricate and uncertain And besides I do not see that the Severalty of Administration of Iustice though it be by Court Soveraign of last Resort I mean without Appeal or Errour Is any Impediment at all to the Vnion of a Kingdom As we see by Experience in the severall Courts of Parliament in the Kingdome of France And I have been alwayes of Opinion that the Subjects of England do already fetch Iustice somewhat far off more then in any Nation that I know the largeness of the Kingdome Considered though it be holpen in some part by the Circuits of the Iudges And the two Councels at York and in the Marches of Wales established But it may be a good Question whether as Commune Vinculum of the Iustice of both Nations your Majesty should not erect some Court about your person in the Nature of the Grand Councell of France To which Court you might by way of Evocation draw Causes from the ordinary Iudges of both Nations For so doth the French King from all the Courts of Parliament in France Many of which are more remote from Paris then any part of Scotland is from London For Receits and Finances I see no Question will arise In regard it will be Matter of Necessity to establish in Scotland a Receit of Treasure for Payments and Erogations to be made in those parts And for the Treasure of Spare in either Receipts the Custodies thereof may well be severall considering by your Majesties Commandement they may be at all times removed or disposed according to your Majesties Occasions For the Patrimonies of both Crowns I see no Question will arise Except your Majesty would be pleased to make one compounded Annexation for an Inseparable Patrimony to the Crown out of the Lands of both Nations And so the like for the Principality of Britain and for other Appennages of the rest of your Children Erecting likewise such Dutchies and Honours compounded of the Possessions of both Nations as shall be thought fit For Admiralty or Navy I see no great question will arise For I see no Inconvenience for your Majesty to continue Shipping in Scotland And for the Iurisdictions of the Admiralties and the Profits and Casualties of them they will be respective unto the Coasts over against which the Seas lye and are situated As it is here with the Admiralties of England And for Merchandizing it may be a Question whether that the Companies of the Merchant Adventurers of the Turky Merchants and the Muscovy Merchants if they shall be continued should not be compounded of Merchants of both Nations English and Scottish For to leave Trade free in the one Nation and to have it restrained in the other may percase breed some Inconvenience For Freedomes and Liberties the Charters of both Nations may be reviewed And of such Liberties as are agreeable and convenient for the Subjects and People of both Nations one Grea● Charter may be made and confirmed to the Subjects of Britain And those Liberties which are peculiar or proper to either Nation to stand in State as they do But for Imposts and Customes it will be a great Question how to accommodate them and reconcile them For if they be much easier in Scotland then they be here in England which is a Thing I know not then this Inconvenience will follow That the Merchants of England may unlade in the Ports of Scotland And this Kingdome to be served from thence and your Majesties Customes abated And for the Question whether the Scottish

Vnit●g of whose Hearts and Affect●ons is the Life and true End of this Work For the Ceremoniall Crowns the Question will be whether there shall be framed one new Imperiall Crown of Britain to be used for the times to come Also admitting that to be thought Convenient whether in the Frame thereof there shall not be some Reference to the Crowns of Ireland and France Also whether your Majesty should repeat or iterate your own Coronation and your Queens or onely ordain that such new Crown shall be used by your Posterity hereafter The Difficulties will be in the Conceit of s●me Inequali●y whereby the Realm of Scotland may be thought to be made an Accession unto the Realm of England But that resteth in some Circumstances for the Compounding of the two Crowns is equall The Calling of the new Crown the Crown of Brittain is equall Onely the Place of Coronation if it shall be at Westminster which is the Ancient August and Sacred place for the Kings of England may seem to make an Inequality And again if the Crown of Scotland be discontinued then that Ceremony which I hear is used in the Parliament of Scotland in the absence of the Kings to have the Crowns carried in solemnity must likewise cease For the Name the main Question is whether the Contracted Name of Brittain shall be by your Majesty used or the Divided Names of England and Scotland Admitting there shall be an Alteration then the Case will require these Inferiour Questions First whether the Name of Brittain shall not onely be used in your Majesties Stile where the entire Stile is recited And in all other Forms the Divided Names to remain both of the Realms and of the People Or otherwise that the very Divided Name● of Realms and People shall likwise be changed or turned into special or subdivided Names of the Generall Name That is to say for Example whether your Majesty in your Stile shall denominate your self King of Brittain France and Ireland c. And yet neverth●lesse in any Commission Writ or otherwise where your Majesty mentioneth England or Scotland you shall retain the ancient Names as Secundum Con●uetudinem Regni nostri Angliae or whether those Divided Names shall be for ever lost and taken away and turned into the subdivisions of South-Britain and North-Britain and the People to be South-Brittains and North-Brittains And so in the Example aforesaid the Tenour of the like clause to run Secundum Consuetudinem Britanniae Australis Also if the former of these shall be thought convenient whether it were not better for your Majesty to ●ake that Alteration of Stile upon you by Proclamation as Edward the third did the Stile of France then to have it enacted by Parliament Also in the Alteration of the Stile whether it were not better to transpose the Kingdom of Ireland and put it immediatly after Britain and so place the Islands together And the Kingdom of France being upon the Continent last In regard that these Islands of the Western Ocean seem by Nature and Providence an entire Empire in themselves And also that there was never King of England so entirely possest of Ireland as your Majesty is So as your Stile to run King of Britain Ireland and the Islands Adjacent and of France c. The Difficulties in this have been already throughly beaten over but they gather but to two Heads The one Point of Honour and Love to the former Names The other Doubt lest the Alteration of the Name may induce and involve an Alteration of the Lawes and Pollicies of the Kingdom Both which if your Majesty shall assume the Stile by Proclamation and not by Parliament are in themselves satisfied For then the usuall Names must needs remain in Writs and Records The Formes whereof cannot be altered but by Act of Parliament And so the point of Honour satisfied And again your Proclamation altereth no Law And so the Scruple of a tacite or implyed Alteration of Lawes likewise satisfied But then it may be considered whether it were not a Form of the greatest Honour if the Parliament though they did not enact it yet should become Suiters and Petitioners to your Majesty to assume it For the Seales That there should be but one Great Seal of Britain and one Chanceller And that their should only be a Seal in Scotland for Processes and ordinary Iustice And that all Patents of Graunts of Lands or otherwise as well in Scotland as in England should passe under the Great Seal here kept about your Person It is an Alteration internall whereof ● do not now speak But the Question in this Place is whether the Great Seales of England and Scotland should not be changed into one and the same Form of Image and Superscription of Britain which Neverthelesse is requisite should be with some one plain or manifest Alteration lest there be a Buz and suspect that Grants of Things in England may be passed by the Seal of Scotland Or è converso Also whether this Alteration of Form may not be done without Act of Parliament as the Great Seales have used to be heretofore changed as to their Impressions For the Moneys as to the Reall and Internall Consideration thereof the Question will be whether your Majesty should not continue two Mints which the Distance of Territory considered I suppose will be of Necessity Secondly how the Standards if it be not already done as I hear some doubt made of it in popular Rumour may be reduced into an Exact proportion for the time to come And likewise the Compu●ation Tale or Valuation to be made exact for the Moneys already beaten That done the last Question is which is onely proper to this place whether the Stamp or the Image and Superscription of Britain for the time forwards should not be made the self same in both places without any Difference at all A Matter also which may be done as our Law is by your Majesties Prerogative without Act of Parliament These Points are Points of Demonstration Ad faciendum populum But so much the more they go to the Root of your Majesties Intention which is to imprint and inculcate into the Hearts and Heads of the People that they are one People and one Nation In this kind also I have heard it passe abroad in Speech of the Erection of some new Order of Knighthood with a Reference to the Vnion and an Oath appropriate thereunto which is a Point likewise deserveth a Consideration So much for the Externall Points The Internall Points of Separation are as followeth 1. Severall Parliaments 2. Severall Councels of Estate 3. Severall Officers of the Crown 4. Severall Nobilities 5. Severall Lawes 6. Severall Courts of Iustice Trialls and Processes 7. Severall Receipts and Finances 8. Severall Admiralties and Merchandizings 9. Severall Freedomes and Liberties 10. Severall Taxes and Imposts As touching the Severall States Ecclesiasticall and the severall Mints and Standards and the severall Articles