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A35517 A discourse shewing that kings have their being and authority from God that therefore good kings when dead are lamented, that all while living are to be obeyed, and that treason and rebellion are punishable both in this and the next world : preached the Sunday following the news of the death of ... Charles the Second / by John Curtois ... Curtois, John, 1650 or 51-1719. 1685 (1685) Wing C7700; ESTC R17308 19,772 38

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to the King If we look upon them in their single persons which of them can pretend equality with or superiority to his Prince Who indeed but he that is as mad as the man in Bedlam that vainly imagins himself to be a King Or look upon them Representatively in the Church or in the Parliament in both they are subject to him first in the Church The Church as humbly and as expresly as she can acknowledgeth the King's Supremacy and her own subjection In her 37th Article she saith The King's Majesty hath the chief Power in his Realm of England and other his Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes doth appertain and is not nor ought to be subject to any Foreign Jurisdiction To which she addeth Whereas we attribute to the King's Majesty the chief Government by which Titles we find the minds of some slanderous folks to be offended we give not to our Princes the ministering either of God's Word or of the Sacraments but that onely Prerogative which we see to have been given always to all Godly Princes in holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the stubborn and evil doers In the 3 part of her Homilie of Obedience she saith This is God's Ordinance God's Commandments and God's Holy Will that the whole Body of every Realm and all the Members and parts of the same shall be subject to their Head their King The like is said by her in the 5th part of her Homilie against Rebellion The holy Scriptures do teach most expresly that our Saviour Christ himself and his Apostles St. Paul St. Peter with others were unto the Magistrates and Higher Powers which Rul'd upon their being upon Earth both obedient themselves and did also diligently and earnestly exhort all other Christians to the like obedience unto their Princes and Governours whereby it is evident that men of the Clergy and Ecclesiastical Ministers as their Successours ought both themselves specially and before others to be obedient unto their Princes and also to exhort all others unto the same Our Saviour Christ likewise teaching by his Doctrine that his Kingdom was not of this World did by his example in fleeing from those that would have made him King confirm the same Expresly also forbidding his Apostles and by them the whole Clergy all Princely Dominion over People and Nations and he and his holy Apostles likewise namely Peter and Paul did forbid unto all Ecclesiastical Ministers Dominion over the Church of Christ See Can. 36. So in her 55th Canon she requires her Preachers before their Sermons to pray for the King 's Most Excellent Majesty as Defender of the Faith and Supreme Governour within this Realm and all other his Dominions and Countries over all persons in all Causes as well Ecclesiastical as Civil And as this Supremacy is now acknowledged See Fulwood's Roma Ruit c. 9. so it has been granted by the Church of England to her King ever since she was a Church except for those small spaces of time that the Pope usurp'd it after the Norman Conquest But in Henry VIII Reign it was fully resum'd and with the concurrence of all the Estates in Parliament resettled in the King And upon this principle our Reformation from all the other Popish corruptions was founded viz. that the King had the Supreme Power in the Nation and by that might protest against and reform all the Papal Abuses which had corrupted the Church and Kingdom And therefore those Sects and Parties of men amongst us the Presbyterians Independents Anabaptists Quakers c. are not to be accounted of our Church because they deny the King's Supremacy But are Retainers still to the Church of Rome being not yet reform'd from this Romish corruption of subjecting the King to the Church Next as the Church is subject to the King so is the Parliament The Parliament is called by the King 's Writ And when they meet they own his Supremacy and promise Allegiance to him upon Oath During their Session they can make no Laws by themselves but onely advise propound and petition what may be for the good of the Nation And therefore are called the Great Council of it consisting of Three Estates The Lords Spiritual and Temporal and The Commons the latter of which is said not to have been before the Reign of Henry III. who required their presence to Stem the Tide of his Barons Rebellion And although since through a long Tract of Time and the concessions of some Kings they have a claim to certain privileges yet sure not to that of Supremacy or Coordination with their Prince For any or all of them to say they are above or equal with him is a contradiction as well in Reason as Terms For besides what is urg'd before they may be adjourn'd remov'd prorogu'd or dissolv'd as the King pleaseth They live and die are and are not by one breath of his mouth Whence he is said to be Principium Caput Finis Parliamenti And to put all out of doubt of it several Parliaments have in several Acts and Statutes acknowledged the King's Supremacy and Sovereignty over them addressing to him under the Title of our Gratious Sovereign and our Dread Sovereign Lord the King His Most Excellent Majesty c. calling themselves his most dutifull and Loyal subjects None ever denied it but the Long Parliament under King Charles I. which was therefore since by another declared to be a Rebel Parliament Lastly the King is not subject to the Coercive Power of the Law There is no Law made but with His Royal Assent And when the Law is in force it can have no power over him because the Authority it hath it receiveth from him both as to the Being and Execution of it He can in dubious cases interpret the meaning in severe cases remit the rigour and at any time suspend the penalty of the Law All Suits all Processes at Law all judicial proceedings whatsoever are from him All other our Magistrates Act by Commission from him and when he thinks good to recall his Commissions are no more than private persons without rule without power Hence was occasioned that Loyal Motto upon the Rings of some of our Late created Serjeants at the Law A Deo Rex à Rege Lex i. e. the Power the King hath is from God the Power the Law hath is from the King All this sure speaketh him not subject to the Coercive Power of the Law And what Although it be confess'd that at his Coronation he taketh an Oath before the People to Govern by the Law Yet is he not therefore Coordinate with or inferiour to the people or the Law because it giveth him no Right or Title to the Government The Right and Title
Lord loved Israel for ever therefore made he thee King to doe Judgment and Justice The Romans in their Lex Julia adjudged the same punishment to Treason as to Sacrilege Vlpian l. 7. De Off. Procons in l. 1. ff ad Leg. Jul. maj as looking upon an injury done to their Prince to be an injury also to Gods Hist Hea. Gods l. 3. p. 187. whose place of power upon Earth the Prince supplied The Kings of Egypt had Asps usually represented upon their Crowns to express the Holyness of their persons whom none ought to dishonour or injure without a signal punishment as being the most Sacred Images and Lieutenants of God upon Earth So firmly did the better sort of Heathens who believed an invisible over-ruling Being believe likewise the power of Kings to be derived from it Now it does not invalidate this Truth 1. That some Princes exercise their power Tyrannically and Rule wickedly oppressing and murthering their Subjects For the power is nevertheless of God though it be abused and perverted by men As it is in the case of Episcopacy the spiritual power by which the Bishops govern the Church must be acknowledged to be received from Christ though the Bishop of Rome Tyrannize in the exercise of it So it is in the case of Kingship and Regality God must be own'd to have conveyed and consigned over the Temporal Power to all Princes though the Grand Seigniour of the Turks and others play the Tyrants within their Dominions And yet we may not here conceive God to be Authour of the wickedness as of the Power for it is the Power onely not the abuse of it that is from God The latter proceeds from the Prince's evil heart alone God maketh him a Prince and he through the corruption of his Nature and the malitious Temptation of the Devil finds out many inventions to doe wickedly The Kingly Power as other good and perfect Gifts do descendeth from God although they may be all some time or other abus'd by evil instruments and to evil ends and purposes Our Saviour intimated this in granting Pilate's power to be from Heaven by whom he knew he should be sentenced to dye as a Malefactour St. Paul did the same speaking the Text in the days of Claudius or Nero two of the worst of men and the greatest Tyrants that ever were Neither 2. doth it invalidate this Truth that some Princes come to this Power by Conquest some by Election and others by Inheritance For these are but several ways and means of Conveyance and Investiture they are but as Conduit Pipes to carry the Water from the Fountain to separate places Still the Power is deriv'd from God to the Prince by which soever of these means he be invested with it 1. Although he fight for it and by the Sword maketh his way to the Throne yet when he is placed there he sitteth as God's Vicegerent having no Superintendent but God The People are all subjected to him by right of Conquest Or say it be 2. By Election by the Votes and Consent of the People that he is seated on the Throne yet being once there he becomes their Sovereign Lord Ruling by a Power Superiour to theirs For the Power is God's not the Peoples They are onely God's instruments in conferring the Regalia's and when the Ceremony is over have no more to doe but to obey And if it hold true in Conquer'd and Elective Kingdoms then how much rather 3. Deut. 21.15 In all those Nations where the Crowns are Hereditary the way which God appointed in Israel before their settlement in Canaan and after it did so signally bless in a numerous Succession of Heirs In all Hereditary Kingdoms the people have nothing to doe but upon the Death of their King immediately to obey the next Heir Apparent and humbly to recognize him for their Sovereign Their Approbation or Consent here is of no signification for he is born to Reign over them and whether they will or no doth rightfully inherit that Power which God hath entailed upon his Family And to speak something here particularly of our own Nation thus it is thanks be to God in the Kingdom of England And we have reason to thank God for it because we are hereby free from many mischiefs which unavoidably attend the change of Kings upon Conquests or Popular Elections Here God hath for many Ages past by wonderfull Providences made known the Family that is to Govern us so certainly and so apparently that none but he that desires to be a Rebel to God and the King will ever dispute the Title Whence it is become a Maxime in our Law that the King never dieth And that nothing is to be assented to in Parliament which tendeth to the disinherison of the Crown Hence also we find it ever subscribed to those Ensigns of Royalty which descend perpetually with the Crown Dieu Et Mon Droit God and my Right So in all publick Edicts we find this inserted Dei Gratiâ Rex By the Grace of God King of England And upon Twelve several Festival days in the year our King offereth upon the Altar a sum of Gold to God in signum specialis Dominii as a publick Acknowledgement That by his Grace alone he is King And this every man of us solemnly assenteth to that taketh the Oaths of Allegiance and Supremacy In the Oath of Allegiance we promise to bear Faith and True Allegiance to his Majesty his Heirs and Successours In the Oath of Supremacy we first utterly testifie and declare that the King's Highness is the onely Supreme Governour in this Realm And do therefore promise that we will bear Faith and True Allegiance to the King's Highness his Heirs and Lawfull Successours and will to our power assist and defend all Jurisdictions Privileges Preheminences and Authorities granted or belonging to the King's Highness his Heirs and Successours or united and annext to the Imperial Crown of this Realm So that by the way we may wonder at the great impiety of our late pretending Patriots who with so much heat and boidness Voted the Exclusion of the Rightfull Heir in plam contradiction not onely to their Natural Allegiance but also to their Promises and Declarations solemnly made by these Oaths They ought I think to seek God and the King's Pardon or a publick Repentance And when they are so ingenuous and not before we may in Charity hope that they will be better Christians and better Subjects for the future But to convince you more fully that our King by the unalterable Right of Inheritance Succeeding to the Crown Raigneth by God and him onely let us a little distinctly consider that there is neither person or thing within his Dominions but what are subject to him as by the ordinance of God and right reason so likewise by our own publick concessions The People are all so and so are the Laws The People of this Nation whether singly or Representatively considered are subject