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A81523 A discourse upon the questions in debate between the King and Parliament 1642 (1642) Wing D1628A; ESTC R215130 14,194 16

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risen up into so high requests but take the Argument at the best it followes not that the Parliament intends to assume the Soveraigne Authoritie because when Ireland is in Rebellion England in combustion Scotland scarce quieted France and Spaine in Arms they doe humbly supplicate his Maiestie to entrust for a short and limitted time the Militia under the commands of persons of Honour that the Lords and Commons those whose blood and estates must defend the State may repose faith in yet this is not to be granted and the feares and jealousies of his Maiesties best Kingdome and most obedient Subiects held so unworthy of any regard or satisfaction that they are esteemed and so published for frivolous and false pretended meerely to obtaine an uniust purchase out of the Kings prerogative For the nomination of prime Officers Councellours and Judges I presume that request results out of the precedent mis-government and is intended onely for this time And peradventure the temper will be better for the people that the King being once invironed with a wise and religious Councell appoint Judges and publique Officers whom the people may if there be cause accuse and the Parliament iudge nor would this branch of the Kings prerogative beene reach'd at by the people if the Judges who ought to be conservators of the lawes had not been the distroyers If the counsell of a few even in Parliament time had not involved the whole state in a common calamity and contested with the Grand Counsell of the Kingdome assuming to themselves more zealous affection to his Majestie a greater care of the common-wealth a better dis●cerning what was necessary and fit for both Yet the election of publike officers is not without president in the times of former Kings But I would not have those Kings presidents to his Majestie that such demands may not be president to us Concerning the perpetuall dictatorship of the Parliament It may be demanded why is the work prolonged by them who aske why are you so long at work why are delinquents protected by what meanes are difficulties objected How comes this Rebellion in Ireland why doth the Parliament spend time in providing for their owne safety which ought to be spent in redresse of publique disorders and vindication of the subjects from oppression do they pretend fear because they would rule let his Majestie render those feares apparantly false and concurre more hartily than they in securing the Kingdome Let him grant commissions for Ireland let him grant Guards for the Parliament as wel to secure their fear as their danger why should his Majestie confirme their feares by discharging their Guards and attempting their persons If he know them to be safe let them know it also or confute their feare to the understanding of the whole Kingdome by granting their owne wayes of security the next way to detect those apparitions of fear if they be false And when the Religion of our church is vindicated The vigour of the Lawes renued A Guard of strength and terrour provided for their future preservation The Rebellion in Ireland quelled His Majesties revenue examined and repaired Particular delinquents punished The Court of justice reformed The banks founded by the industry of our Ancesters with so much blood and treasure against the inundations of the prerogative or malignity of private counsels repaired and better fortified then let us see what pretence will be made for continuation of the Session still The English Nation will not doubtlesse sell their birth right for a messe of pottage Nor change the government of a Prince time nor story remembring any other in these Kingdoms of extraction so illustrious of a title so indubitable to be ruled by their equall peradventure inferior neighbours To that allegation that this assembly is no Parliament in the Kings absence If it be understood when he is not present it is an opinion so ancient as since his Majestie left the Parliament for before I am perswaded it was never heard of And it must follow thereupon as hath beene answered before that by the accedentall absence of the prince or in sicknesses that induce stupifaction or in the first degrees of infancie when the powers of the reasonable soule have no latitude of operation the state may be left without meanes to preserve it self which is a great absurditie to thinke But if by the Kings absence be understood the want of his voluntary concurrence in confirmation of the Acts and Ordinances of both houses and that in such cases they are no Parliament it may well be doubted if they have bin any Parliament during this Session For the acts that have passed his Royall assent so much amplified in his late declarations to the people are shrodely suspected to be with no great good liking of his Majestie I am sure if they were voluntary they were not exhibited with due circumstances for through that opinion his Majestie hath lost much of the thankes due for such transcendent graces which no Prince or inferior person ought in discretion to loose However that both houses legally convened and authorised to sit doe not by the kings absence loose the essence and denomination of a Parliament appears by presidents of former times when in the absence of a Prince further distant in body then his Majestie is in mind I hope the estates have assembled themselves which is a little higher then was yet in dispute have administred oathes of fealtie to the subject have named officers for publique services and as well to superintend the peace of the Kingdom as the revenue of the King And though there was not nor is any law authorising the assembling of a Parliament in such a case yet was the legallity of that Parliament never questioned nor will of any other upon the same or the like occasion when the matter to be treated on is the peace and safety of the Kingdome whether the King be absent in body or minde it changes not the question much But that which is a short answer to all that can be said is that by an Act of all the estates this Parliament is not disolveable but by an Act of all the estates therefore a Parliament untill that Act be passed To the other part of the allegation that Major part of both Houses have left the rest and are gone over to the King It may be demanded why doth not then his Majestie send them up to adjourn the Parliament to Oxford or Cambridge are they so fearfull of the Aprentizes of London that they dare not appear to do his Majestie so great a service by shouting a yea or no in the house of Commons how willingly would they adventure a battell that refuse to speake a word in a croud Truly it were the way to put an end to all the controversie to reverse with ease the acts that have given so great cause of repentance to reduce the Parliament to termes of due obedience to save a multitude of offenders
much as to enlarge the power and advance the profit of his Prince Yet the abundant services of some have done more mischiefe to their Masters than forraign arms or combination ever could Was it not take for good service to invent a new revenue of 200000. l. per annum to supply the wasted rents of the Crown And would not he have been esteemed rather a foole than no friend to the Kings profit that had advised to lay that down after it was once or twice paid Yet in his Majesties own Iudgement that tax had better never been And it had never been if the advise had never been And the advise had never been or not been pernitious If the King had received the same from the greater councel as he did then from the lesse I am of opinion though it rain not in Egypt yet the inundations of Nilies are caused by rayne in another region And the black Clouds that hung over Scotland and their troubled waters made them thinke it rained somewhere and provide for the storm for doubtlesse if the motion to absolute dominion and ruine of all lawes had not been so visible and swist in England as it was The new Service book had never brought so many thousands Scots over Tweed We may then conclude upon the whole matter That that physicke was not good that brought the body of the Common-wealth into so great distemper That the people though a moveable bodie like the Ocean yet never swell but when blown upon by intemperate winds That that councell which hath caused the King to stake his Crowne and the kingdomes their safetie now the third time That hath contested with the great Councell for precedencie in the Kings Judgement and hath obtained it That broke the last Parliament by the King and would break this by the Kingdom Is not good for us nor for those discreet Gentlemen if they understood their own interest that labour so much to support it But that in every case wherein the generall state of the Kingdome is concerned the advise that the bodie of the Kingdome gives upon a view taken of it selfe is not only least erronious but by the Law not presum'd to erre Neither can the suggestions made against this Parliament indissouble but by consent any way availe to countenance a forcible dissolution That they have too much handled the flowers of the Crown those that adorn the person if not constitute the office of the King That they goe about to crect a new Aristocraticall Governement or rather a Tyrannicall of 5. or 600. That this Assembly is no Parliament his Majestie dissenting That the Major part of both Houses are gone to the King or have left the rest the romnant are a faction To the first it is answered before that those rights of the Crowne which are by the positive and expresse Lawes of the Land vested in the King to uses are not questioned except in case where it is manifest that the uses have been perverted And in that case no more is required but that the breaches be repaired and that the influences of his Majesties Government may be transmitted unto the people by better Mediums which is no prejudice to his Majestie unlesse he imagine that he ought not to grant it because it is desired That he is bound to relieve the people but not at the peoples request We will take it for granted that in any case it onely appertaines to our Soveraigne Lord the King to defend wearing of Armes The use of this power vested in his Majestie is for defence of himselfe and subjects and can have no other intendment by Law and reason but suppose by evi'l Councell that may be about a Prince by his own unwise Election or Gods appointment when he gives Princes bad Councellours or people bad Princes for scourges to wanton and corrupted Nations this power is imployd to divide the Kingdome against it selfe one Faction sees this power lodged in the person of the Prince but never observes to what end so sides with him Another insist upon the end for which he was trusted and defend themselves by Arms Faction begets Civill warre Civill warre dissolves the present Government After followes a sorraigne yoke if our neighbour Nations be not fast asleepe or otherwise imployed In this expectation and in the very minute when this imminent tempest is breaking upon our heads the representative bodie of the Kingdome prostrates it selfe at his Majesties feet and beseech him to change not the Government but a few subordinate Governours that he will shine upon his people through transparant and unblemished chrystall glasses not through Sanguine Murrey and Azure which make the Ayre and Objects beheld to seeme bloodie and blue Assuring him there is no other way to calme the Seas that begin to rage and to preserve from wrack the ship of the Common-wealth wherein his Majestie is himself imbarqued and is the greatest Adventurer Now come in the malignant Councellours and tell his Maiestie that these humble Supplications will if he yeeld to them turn to Iniunctions Ease them and doe them right say they but not at the request of Parliament Which is no lesse then to place him in a condition to doe what he shall think to be right That is what he shall be advised by them is right That is in many cases what ambition hatred covetousnesse luxurie lecherie suggest to be right That is flat tyrannie more absolute than the Turks For the Introduction of a new forme of Government the Arguments are that if the Parliament draw to it selfe the Jurisdiction of the maritime and land forces the power to name Councellours and Judges or prescribe a rule for their nomination To make Lawes for 't is all one if the King may not deny those that are presented to him by both Houses to perpetuate the sitting of this Parliament The Soveraigntie hath if these be allowed made no secret but a very apparant transition from the person of the King into the persons of the Parliament men The Subiects of this Kingdome have never had one Example of a Parliament that hath gone about to make themselves Lords over their brethren And if they would they cannot for when they forsake the dutie of their place and the interest of the Kingdome the Kingdome will forsake them and sometimes before which though the people have dearly repented yet it serves to prove that the subsistance of a Parliament is impossible if dominion or any other end be perceived then Reformation and preservation of the Common-wealth In the Minoritie and absence of former Kings opportunitie was farre more favourable for such a designe then at this present yet what prince was ever hurt by his infancie or absence when they were trusted both with his dignitie and revenue And 't is out of question if his Majestie had been clearly concurrent with this Parliament for the punishment of Delinquents and conservation of the peace and Libertie of the Subiect they had never
to weede out of both houses those factious members that insist so obstinately upon a trust reposed in them to distill out of the delinquent Citie of London much cordiall water to save the labour charge and hazards of warre to save the purses persons and horses of the willing Gentrie who labour for those fetters such is the understanding of this time that their fathers sweate to be rid from For if armes be raised onely against a small malignant party a faction of a few Parliament men The Major number would quickly deliver them up and what place could afford safetie for them against the Ire of his Majestie and both houses of Parliament To such as put these Questions What is the power and priviledge of Parliament by what Law doe they impose Orders upon the people without the Kings Assent they seeme to me like them that dispute how legally the next houses are pull'd downe when the flame and winds make cruell vastation in the beautifull buildings of a populous Citie They are honest men and would faine be thought wise but I doubt it is not in the orbe of their understanding to comprehend what power resides in the vast bodie of the people and how unlimitedly that power operates when it is animated by danger for preservation of it selfe A man may make the same observation upon them that is made upon Cato who pleaded the Lawes and usages of peaceable times when the libertie of that Common-wealth was at the last Gaspe and would not be drove off it till it was too late his argument was this in effect that the Authors of lawes for preservation of the Common-wealth may not preserve it but by their own Creature This was Cato's error and is so confessed by all men yet I take it he was a better statesman then these disputants The King was admitted Judge of the danger of the Common-wealth before the Parliament and it was apparant for no other reason but the better to leavy money shal the Parliament sitting be a lesse competent Judge As though a Physitian that saith you are not wel though you do not perceive it give me 5. or 10. peeces I 'le cure you shall be better beleev'd then the man that hath been wasted with a Quotidian Fever 16 yeres together They talk what the Parliament may do what not as though this were the Parliament that made an Act for pavement of an high way and had little other worke Truly if regulation of a Trade or creation of a Tenure or Erection of a Corporation were the Question in a peaceable time it were easily resolved that the Kings demurre should stand for a deniall but to say the Kingdome may not defend and secure it self who ever saith to the contrary is to fight against the oldest and best knowne Law in nature the Center of all Lawes and the inseparable right of all Kingdomes Corporations and Creatures But they say the Kingdome is in no such danger who is a better Judge then the representative bodie of the Kingdome it selfe not those that say so Who like a man that standing upon the beach at Dover will not beleeve that the Sea hath any shore towards France untill he bee brought to the top of the Hill It is not within their view to tell better then the Parliament whether there be danger or not His Majestie indeed hath the most eminent place to observe what Collection of Clouds are in any quarter of the Heaven and what weather it will be but his calculations suppos'd to be made by others from a lower ground are therefore not so well beleeved But be it in danger or none it matters not much the Lawes have been in danger none will deny and were recover'd by another danger or had been lost If it be now peace as these men say it is the better time to secure them if it be not peace it is well to save the Common-wealth by any means whatsoever and if the King concurre not so speedily as the occasion requires the blame is not theirs that goe before for his preservation and their own To make an end I wish an union of the three Kingdomes under the same Government Ecclesiasticall and Civill if it bee possible that this Crowne having three such supporters and surrounded with the salt waters at Unitie at Libertie at Peace in it selfe may not seare the whole forces of the disjoynted continent of Europe That his Majestie would understand his Interest to be to unite not to divide his Subjects and to remember with what manner of Tropheyes the magnanimous Princes of former times have adorned their Funerals and Fame That he will chuse rather to fight in the head of the Brittish Armies for restitution of his Nephews to their lost Inheritance than imploy them here to pillage and destroy his own subjects That hee will first command the hearts then the persons then the Estates of his Subjects and not begin at the wrong end That in the Parliament may reside a Spirit of that Latitude and Noblenesse which ought to dwell in an Assembly of so much Honour and Gravitie That just things be done for justice sake without bowing lesse or more for the raging of popular surges in the South or for the cold winds that blow from the North That the conditions of peace may not be enhansed by any prosperous successe but like the Noble Romane before and after the victorie the same That his Majestie may be convinced of the Errour of his private Councels by finding in the Grand Councell a quiet repose and a stable foundation of peace and plentie to his Royall Person and Familie And lastly since his Majestie and his people thus divided cannot bee happie that with all convenient Expedition such as have studied this division between the Head and the Body may have their heads divided from their bodies So farewell FINIS