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A78598 The charge against the King discharged: or, The king cleared by the people of England, from the severall accusations in the charge, delivered in against him at Westminster-Hall Saturday last, Jan. 20. by that high court of justice erected by the Army-Parliament; which is here fully answered in every particular thereof. Viz. The Parliaments propositions to the King. The Kings to the Parliament. The Kings condescentions to the Parliaments propositions. The overture of a treaty at Windsor. The massacre in London by vertue of the Kings commission. The coronation oath. The private articles, match with Spaine, and the match of France., King James death, Rochel. The German horse, loanes, and conduct money, privy seales, monopolies. Torturing our bodies, and slitting noses. The long intermission of Parliaments. The new liturgie sent to Scotland, calling and dissolving the short Parliament. The summoning this present Parliament. The Queens pious design, commissions to popish agents. The bringing up the northern Army. The Kings offer to the Scots of the plunder of the city. The Kings journey into Scotland. The businesse of Ireland solely cleered. The cloathes seized by his Majesties souldiers. The Kings letter to the Pope. The Kings charging the Members with his coming to the House. The list of armes and ammunition taken in his papers. ... The calling the Parliament at Oxford. The cessation in Ireland. The peace made there. The Kings protestation against popery. The letters to Marquesse Ormond. 1649 (1649) Wing C2046; Thomason E542_10; ESTC R204182 27,986 35

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remember that by your Order the Judges of Assize gave us notice thereof At Summer Assizes 1641. and highly extolled his Majesties goodnesse in passing so many gracious Acts for us And must these grievances now after seven years redresse be objected to us against him And must the King who by your owne Law can do no wrong in these cases be prosecuted and those vile Monopolists Sir Hen. Mildmay Sir John Wollaston and M. Lawrence Whitaker and also White the Sope-boiler at Lambeth be protected and cherished by you 7. Concerning the Spanish Fleet That it was bound to Flanders with new levied Souldiers to recruit their Army there which souldiers were without Arms and without Officers as we remember the Fleet was without Powder and therefore they intended no invasion being not provided for it Concerning the torturing of our bodies by whippings slitting of noses cutting off eares c. and the Lording over our soules by Oaths Excommunications c. We find that these judgements and proceedings upon our bodies passed in due forme of Law in Courts of Justice and that the Oaths Excommunications Ceremonies and Canons were no other and no otherwise exercised then was agreeable to the Lawes and Government established But we cannot but be sensible that our sufferings in every kind have been much more during your reigne then they were in his Majesties reigne for how have you devoured our estates by Taxes Free-quarter and that Compendium of all slavery the Excize how have you destroyed our bodies by strict imprisonment and cruell starving and how have you indeavoured to damne our soules and to send us to hell by whole-sale by your illegall anti-legall disloyall Vowes Covenants and Ingagements Concerning the long intermission of Parliaments and the two Principles of Tyranny We find that the Parliament begun 3. Caroli was dissolved upon your Remonstrances See the Petition of Right 3. Carol. and we believe that thereupon followed the long intermission of Parliaments for twelve years after And that it was in the Parliament aforesaid the King avowed those Maximes or Principles that he oweth an accompt of his actions to none but God alone See the Petition of Right 3. Carol. And that the Houses of Parliament joynt or seperate have no power either to make or declare any Law which induceth us to believe that even then there was some assault made by the two Houses upon the Royall Authority which made the King to avow those principles The anti-monarchicall spirit beginning to work in that Parliament and so making the King averse from Parliaments Nor do we see how these principles are introductive of Tyranny but sure we are the contrary are destructive of Monarchy And touching the first we learn from Rom. 13.4 That the King is the Minister of God and who art thou that judgest another mans servant to his own Master he standeth or falleth Ro. 14.4 The Law also averreth that the Crown of England is in no earthly subjection but immediately Subject to God in all things touching the regality of the same Crown and to no other 16. R. 2. c. 5. And touching the second Principle the Law also tells us That it is of the Kings Regality to grant or deny such of their Petitions for that was then the usuall forme of presenting their desires as pleaseth himselfe 2. H. 5. And that 1. Jacob. 1. the two Houses craving the Royall assent to that Act confesse without it the Act cannot be compleat or perfect c. Sir Edward Cooke also in the fourth Part of his Institutes a Book printed this Parliament by your Order pa. 25. saies That there is no Act of Parliament but must have the consent of the Lords and Commons and the Royall assent of the King The same also is true concerning the declaring of Law as appeares by the 25. Edward 3. The words whereof are And because many other like cases of Treason which are not expressed in that Statute may happen in time to come it is accorded That if any other case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the cause be shewed and declared before the King and his Parliament whether it be judged Treason or other Felonie Which Declaration ought to be by the whole Parliament and not by the King and Lords or King and Commons or Lords and Commons Cook Instit 3. part fol. 22. Now Innovations and Novelties in Parliamentary proceedings are most dangerous and to be refused Cook 4. part Instit p. 11. Concerning Scotland the new Liturgy and Canons and the cancelling and burning the articles of Pacification We find that the Liturgie and Canons were framed and sent thither with the advice or approbation of the Lords of the Councell of that Kingdome and if they were pursued with more vehemency then ought it must be imputed to the Ministers of that Kingdome that were trusted with it And that the Articles of Pacification were cancelled and burnt by the unanimous advice of the Privy Councell here after they had been first broken by the Scots And we cannot but wonder how you should take cognizance of transactions between his Majesty and his Subjects of Scotland especially after an Act of Oblivion Concerning the calling and dissolving the short Parliament We find that this was part of the Charge against the Earl of Strafford and the Archbishop of Canterbury though declined in the prosecution of them both and the reason hereof we conceive to be that Sir Hen. Vane Senior might not be questioned by whose false information and instigation that Parliament was unhappily dissolved that the Parliament being dissolved his Majesty tooke from his Subjects by power what he could not otherwise obtaine is one of the uncertainties in your Declaration that we except against Concerning the summoning this present Parliament and his Majesties expectation of supply against the Scots and his protecting of wicked Councellors We find that the King had little reason to hope for any assistance against the Scots knowing as he did who called them in and that from the Scots themselves whilst he was at Yorke a Secretary of the Scots Lords at Newcastle telling some English taken prisoners at Newburne That their coming in had not been but by the invitation of the English And that the King excepted no man of what quality or neernesse soever unto him from a legall triall leaving unto you the Earl of Strafford the Archbishop of Canterbury all the Judges and whomsoever you would accuse in so much that you examined and committed the Queenes Confessor and examined the Ladies of her Bedchamber and your Serjeant at Armes presumed so far as to come into the Kings withdrawing Roome next unto his Bed-chamber to cite and summon persons of greatest quality and neernesse unto himselfe Concerning the Queens pious Designe c. We find that the Queenes Designe if any were was most industriously examined by you and
In the next place you charge his Majesty with a continued track of breach of trust ever since he wore the Crowne To this we demur doubting whether you are competent Judges of the Kings trust of his breach of trust and of the King himselfe for breaking his trust for that is the drift and scope of your Declaration We believe that the Kings power is Fiduciary and that the Kingly Office is a great trust but that he is intrusted as he is impowered by God and only by God And this Doctrine we learned long since from the two Prayers for the King immediately following the Commandements in the Book of Common-Prayer but it should seem you have damned them both together And whether there hath been a continued breach of trust by the King we shall see upon the examination of the particulars in your Declaration in the meane time we account this as one of your uncertainties Of his Majesties two Maximes or Principles wherein he hath laid a fit foundation for all Tyranny we shall speak more hereafter Concerning the private Articles agreed in order to the Match with Spaine and those other private Articles upon the French Marriage We find that they were transacted by K. James and therefore are not to be imputed to K. Charles so we accompt them amongst the insufficiencies of your Declaration and because they are private we cannot judge of the nature of them and so refer them amongst your uncertainties Concerning the death of King James We find that the Kings sicknesse was an Ague that the plasters applied to his breast and wrists were only of London Treacle and Mithridate and that the drink or potion you speake of was only Posset-drinke wherein Harts-horne was boiled and which was sweetned with the syrop of Gilleflowers That M. Rinnington Physitian of Donmow in Essex yet living prescribed these Medicines first to the E. of Warwicke being sicke of an Ague and that the Duke of Buckingham afterward falling ill of an Ague at the E. of Warwicks in Essex his Lordship advised the Duke to make use of them Lastly that both these Lords found a good effect wrought in them by that Physick and thereupon the Duke proposed it to His Majestie nor do we perceive that you except against the Physick but only against the Dukes application of it without the direction or privity of His Majesties Physitians But the Duke in his Answer which you have by you declares that there was nothing administred to the King without the privity of the Phisitians and his own importunate desire and command And we have reason to beleeve that you did acquiesce in the Dukes answer as true and satisfactory because there was no farther Prosecution of him in the next Parliament holden the yeare following viz. 3. Caroli See the Petition of Right tertio Caroli And we appeale to your Journall Books whether there be any mention of the businesse in either of your Remonstrances of that Parliament for then you began first to remonstrate And so if there be any guilt we leave the world to judge where the guilt remaines that this businesse was not farther prosecuted Concerning Rochell We find that his Majesty lent not divers of the Navy Royall but the Vantguard only And that he did not lend other Merchants Ships but permitted them only to be hired of the Merchants And that they were not lent to be employed against the Protestants in France but upon a precise promise that they should not be employed against those of the Religion And because the King of France had employed them contrary to his promise therefore did his Majesty enter into hostility with France as appeares by the Duke of Buckinghams Commission under whom he sent an Army into the Isle of Rhea Besides his Majesty recalled those Ships and they were all returned 2. yeares before Rochell was lost Concerning the German Horse Loanes Privy Seales Coat and Conduct-Money Monopolies c. Because you have thrust all these into one charge we will speak of them first together and then of each particular Concerning them together we find that in your Remonstrance of the 15. of Dec. 1641. Exact Col. p 3. you declared them to be the effects of evill Counsellors onely And in your Petition accompanying it that you protested the Remonstrance was made Exact Col. p. 1. without the least intention to lay a blemish upon his Majesties Royall Person but only to represent how his Royall Authority and trust had been abused And in your Declaration of 19. May 1642. That you tell us Exact Col. p. 198. If you should say that all the ill things done of late in his Majesties Name have been done by himselfe you should neither follow the direction of the Laws nor the affection of your own hearts And in the same Declaration Exac Col. pag. 199. that it is a maxime in the Law the King can do no wrong but if any ill be committed in matter of State the Counsell If in matters of Justice the Judges must answer for it And how then contrary to your Petition Protestation affection and to the direction of the Law are these and the like things now imputed to his Majesty Much more may be said on behalfe of his Majesty in each particular 1. Concerning the German Horse That if there were any design in bringing over those Horse it was by others and amongst them your Balfore and Dalbier were principall But so soon as the Proposition was made to the King he rejected it and never consented to the practise of it 2. Concerning Loanes and Privy Seales That they have been in all times practised upon reason and necessity of State And that they have not been so frequent in K. Charles's time as in Q. Elizabeths whereof no sober man hath ever complained 3. Concerning Coat and Conduct money See the Pell Office That it was repaid to the Collectors of Subsidies and by them to the Deputy-Lievtenants of the severall Counties to be destributed amongst the Inhabitants And for want of such destribution in Dorsetshire was there a presentment thereof made to the Judge of Assizes 4. Concerning the Inclosing of Commons That his Majesty paid a dear rate for those that himselfe inclosed as for making the new Parks at Richmond and Wimbleton 5. Concerning Monopolies 21. Jac. 3. That the Law alloweth them for the incouragement of new Inventions so that they be not contrary to the Law nor inconvenient to the State c. And when any Petitions in this kind were brought to his Majesty he ever referd them to his Atturney or Sollicitor and he passed them upon their Certificate that the Monopolies petitioned for were not contrary to Law nor inconvenient to the People and not otherwise 6. Concerning Ship-money That his Majesty had a Judgment in a Court of Law for it before all the Judges of England Besides all these pressures were remedied by severall Acts in the beginning of the Parliament and we
Seale of Ireland since the cessation 15. Sept. 1643. And whatsoever Honors have been conferd by that Seal since that time And now let the world judge also whether it be fit for Subjects to offer such Propositions to their Soveraign whereby you take away from the King and from the Crowne t he chiefe Power and Government of the two Kingdomes of England and Ireland and would settle it in the two Houses of Parliament And we appeale to your own Consciences whether ever any Protestant Parliament made the like assaults upon the King And whether ever any Popish Parliament attempted the like against the Crown Also let the world judge whether the King did not offer Propositions fit for you to receive at the Treaties both of Oxford and Uxbridge The Kings Propositions Exact Col. p. 912. 1. THat his Majesties own Revenue Magazine Townes Forts and Ships which have bin taken or kept from him by force be forthwith restored unto him 2. That whatsoever hath bin done or published contrary to the Lawes of the Land or derogatory to his Majesties Legall and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over his Subjects as imprisoning their persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith descharged 4. That as his Majesty will readily consent having done so heretofore to the execution of all Lawes already made and to any good Acts to be made for the suppressing of Popery and for the firme setling the Protestant Religion now established by Law so he desires that a good Bill may be framed for the better preserving the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender Consciences as his Majesty hath formerly offered 5. That all such Persons as upon the Treaty shall be excepted out of the generall Pardon shall be tryed per Pares according to the usuall course and known Lawes of the Land and that it be left to that either to acquit or condemn them And now we appeale to your own Consciences whether it were not fit for you to have received and acquiesced in these his Majesties Propositions for conserving the rights of the Crown the Law of the Land the Liberty of the Subject the establisht Religion and the Fundamentall Justice of the Kingdome who when you published your Propositions for bringing in Money and Plate June 10. 1642. declared Exac Col. 342. that whatsoever is brought in shall not at all be employed upon any other occasion then to maintain the Protestant Religion the Kings Authority and his Person in his Royall dignity the free course of Justice the Lawes of the Land the Peace of the Kingdome and Priviledges of Parliament But if his Majesties Propositions were not yet his Condescentions to your Propositions tendred and published before this your Declaration were doubtlesse not unfit for you to accept The Kings Condescentions to the Parliaments Propositions 1. Concerning the great Officers of State c. See the Book called the Kings most gracious Messages for peace p. 86. That their Patents and Commissions being taken from his Majesty they should be nominated by the two Honses of Parliament during his Majesties Reigne and afterwards to return to the Crown 2. Touching the Church Government See the Book called the Kings most gracious Messages for peace p. 85. That the Presbyteriall Government be legally permitted to stand for 3. yeares provided his Majesty or any others who cannot in Conscience submit thereunto may have free practise of their own Profession And a free debate be had with the Divines at Westminster 20. of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the two Houses how Church-Government after the same time shall be setled as is most agreeable to the Word of God 3. Touching the Militia p. 86. That the whole power of the Militia both by Sea and Land shall be ordered by the two Houses of Parliament during his Majesties Reigne yet so as all Commissions and other Acts concerning the Militia be made and acted as formerly and after his Majesties Reign all the Power of the Militia shall return entirely to the Crown as it was in the times of Q. Elizabeth and King James of happy memory 4. Touching his Majesties Proclamations and Declarations against the two Houses and their Proceedings p. 88. That he will consent to an Act of Parliament for making them null And he further proposeth as the best expedient to take away all seeds of future differences that there be an Act of Oblivion to extend to all his Subjects 5. Touching the taking of the Covenant p. 66. That though his Majesty be not therein satisfied yet he will make clearly appeare both his Zeale to the Protestant Profession and the union of these two Kingdomes which he conceives to be the main drift of the Covenant 6. Touching the Treaties between the two Kingdomes p. 68. That he would agree to all things that are propounded touching the confirming of the Peace of the two Kingdomes 7. Touching the Payments of the Publique debts p. 87. That he would consent to such Acts as the two Houses shall agree upon 8. Touching the Court of Wards p. 87. That his Majesty would consent to an Act for taking it away so as a full recompence be setled upon his Majesty and his Successors for ever hereafter 9. Touching Ireland p. 88. that the Cessation there is long since determined And for the future that his Majesty would give you full satisfaction concerning that Kingdome 10. Touching the City of London p. 69. That his Majesty consented to all the Propositsons concerning it 11. Touching the Acts passed under the great Seales p. 88. his Majesty promised after perusall of particulars to give you satisfaction to what may reasonably be desired by you And now indeed hath his Majesty offred such Tenders to you as were not fit for him to make nor for you to receive but in order to an Accommodation and peace And we cannot but be sensible of his Majesties grace and goodnesse to us who was pleased to condescend even to the dethroning of himselfe for our Peace and quiet and we cannot enough blame you who would not accommodate upon these Condescentions but rather renew the War again And being as you were pre-ingaged against Monarchy you could not deem any thing fit for you to offer or accept that came short of your design And to it have you sacrificed our Peace also You go on with the same confidence and declare