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Item, that the two arms of a Common-wealth, are Force, and Justice; The First Whereof Is In The King; The Other Deposited In The Hands Of The Parlament. As if a Common-wealth could consist, where the Force were in any hand, which Justice had not the Authority to command and govern. And it is true: but the doubt is, of whose Reason it is, that shall be received for Law.
And yet it was out of this quiet and industrious household that there had burst upon the English public that thunderbolt of the Divorce heresy! The Divorce idea still occupied Milton. And now Englisht. To the Parlament of England. John 3, 10: Art thou a teacher in Israel, and know'st not these things? Publisht by Authoritie. London, Printed by Matthew Simmons, 1644."
Then, come there presentes streight from al countries, and peoples of his dominion: and all the Threasoures that the kyng, his predecessour lefte, are brought him. Of the whiche he giueth giftes to al the princes and high estates: commaundyng the reste to be kepte for himself, and so dissolueth the Parlament as it ware.
Wherein the Doctrine and Discipline of Divorce, as was lately publish'd, is confirm'd by explanation of Scripture, by testimony of ancient Fathers, of civill lawes in the Primitive Church, of famousest Reformed Divines, and lastly, by an intended Act of the Parlament and Church of England in the last yeare of Edward the Sixth. By the former Author J. M. Medea London: Printed in the yeare 1645.
As for example, "That the Common Law, hath no Controuler but the Parlament;" which is true onely where a Parlament has the Soveraign Power, and cannot be assembled, nor dissolved, but by their own discretion. For if there be a right in any else to dissolve them, there is a right also to controule them, and consequently to controule their controulings.
The Lords of Parlament in England were Judges, and most difficult causes have been heard and determined by them; yet few of them were much versed in the study of the Lawes, and fewer had made profession of them: and though they consulted with Lawyers, that were appointed to be present there for that purpose; yet they alone had the authority of giving Sentence.
"In the year 1645, a Vast Number of persons in y^e county of Suffolk were apprehended, as Guilty of Witchcraft; whereof, some confessed. The parlament granted a special commission of Oyer & Terminer for y^e Trial of those Witches; in w^ch com'ission, there were a famous Divine or two, M^r Fariclough particularly inserted.
"There's all sorts o' genelmen here," Bob went on, turning over the leaves with some excitement, "wi' all sorts o' nones, an' some bald an' some wi' wigs, Parlament genelmen, I reckon.
There are suggestions from Dante, for example, in the Parlament of Foules and the Hous of Fame, and Troilus and Cresseide is a free handling rather than a translation of Boccaccio's Filostrato. In all of these there are passages of great beauty and force.
And if there be no such right, then the Controuler of Lawes is not Parlamentum, but Rex In Parlamento. And where a Parlament is Soveraign, if it should assemble never so many, or so wise men, from the Countries subject to them, for whatsoever cause; yet there is no man will believe, that such an Assembly hath thereby acquired to themselves a Legislative Power.