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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	great_a	king_n	war_n	4,472	5	6.2395	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29573	An apologie of John, Earl of Bristol consisting of two tracts : in the first, he setteth down those motives and tyes of religion, oaths, laws, loyalty, and gratitude, which obliged him to adhere unto the King in the late unhappy wars in England : in the second, he vindicateth his honour and innocency from having in any kind deserved that injurious and merciless censure, of being excepted from pardon or mercy, either in life or fortunes.	Bristol, John Digby, Earl of, 1580-1654.	1657 (1657)	Wing B4789; ESTC R9292	74,883	107

due to their Kings upon any colour or pretext of Religion For as no private man doth forfeit his Inheritance or free-hold by Impiety or Atheism although he may forfeit his Soul unless he commit some legal Crime So a Prince that holdeth his Crown by unquestionable Right of Succession cannot forfeit his Temporal Inheritance by the erroniousness of his Religion his Soul must only answer that forfeit And although some have gone so far as to admit a lawfullness of the Subjects taking Arms against their Prince for the defence and maintenance of their Laws and Religion yet no man hath adventured so far as to allow the taking Arms for bringing in of new Laws and a new Religion contrary to the established and that by force and without consent of their Soveraign which is the present Case CHAP. IX Shewing the War not to have been begun by the King but that he condescended to all things that could in reason be demanded of him for the preventing of it THere is yet one further Objection wherwith I have heard some indeavour to countenance and justifie their taking Arms against the King which was That he first made War against his Parliament meaning by force to introduce an Arbitrary Power in Church and Common-Wealth And that the War on their side was only defensive and for the maintenance of their liberties proprieties privileges and Religion The steps and progress of this unhappy War are so well known unto me even from the first misunderstandings betwixt the King and People and the improvement of them by Tumults and several Artifices untill they broke out into Acts of open hostility that nothing did so much terrifie my Conscience from taking Arms against the King or more confirmed me in my Duty of adhering unto him than the certain and infallible knowledge I had of the Kings hearty and unfeigned Desires and Indeavours to have prevented this War and to that end to have done and was ready to do all things that had been or should be with justice or reason propounded unto him for the satisfaction of his Parliament which I conceive to all unpreoccupated Iudgments will be easily most apparent when it shall be considered how many things he hath done besides the easing of just grievances whereunto he is indeed obliged which were meerly Acts of Grace and which if he had denied he should have done no wrong And for the doing whereof the wit of man can find no other reason or inducement but his desire to satisfie his Parliament and the keeping of things from extremities For besides the giving way to the putting down of the Court of Starchamber the High Commission and the regulating of his Councel-Table many other things he hath done which some Kings would rather have adventured a War than have parted with any of them As the consenting to have his Privy-Councel that had been sworn to secrecy to be examined upon Oath concerning those things that had passed in his Presence in his most secret Cabinet Councel The giving his Assent in such conjuncture of times to the taking away the Bishops Votes in Parliament And the divesting of himself of the Power to dissolve the Parliament notwithstanding that the evil Consequences that might happen to him thereby were represented unto him in my hearing And I conceive that no man will be so partial but they do beleeve that howsoever the King might be satisfied in point of Conscience by the Bishops and Iudges and the joint authority of both Houses for giving his Assent to the passing of the Bill for my Lord of Straffords Attaindure yet no man but beleeveth he would have saved his Life at a great Ransom But hoping therby to have allayed the rage of his people aswell as to have given full satisfaction to his Houses with a sad and afflicted heart he signed the Warrant for the Earls execution For he was then made beleeve that with his giving way to his death and his consenting to the Bill for not adjourning or dissolving of the Parliament but with the Concurrence of the Houses all misunderstandings betwixt him and his Parliament would be removed and all things return to a calm and orderly way of Proceeding Now if the King had had any secret Intention of making of a War would he have done so many things so prejudicial to himself and so against his heart only for the preventing of it and although his hopes of a quiet settlement by the passing of these two Bills failed him he yet gave not over the doing of all further things which he thought might renew a right understanding betwixt him and the Houses So likewise when that unhappy and unseasonable Act of his going to the House of Commons in Person happened he indeavoured to redeem it with such Acts of acknowledgemeot submission nay I may say asking forgiveness as were never done by any King unto his Subjects So likewise in the particular of his Attorneys accusing of the Lord Kimbolton and the five Members notwithstanding he had a President for it in his own time of Sir Robert Heath his then Attorneys impeaching of my self of High Treason which Impeachment was received and admitted of by the House of Peers and Arraignment and due process of Law was by the said House ordered and awarded thereupon yet the King finding the Houses therewith displeased did not only command prosecution to be withdrawn but left his Attorny to the Iustice of the Parliament And I conceive that it will be acknowledged by all Laws and Religions That the very excesses and errors of Soveraign Princes if reparation and satisfaction may be obtained by Petition and Remonstrance as in these Ca●es they have been Recourse ought not to be had by Subjects to Arms or Hostile Resistance and I am deceived if this be not also the Opinion of the severest of our new Doctors Where wrongs are done if the party offending shall upon demand make reparation and give satisfaction to the party offended and yet he shall notwithstanding make War it is He that is the Agressor that maketh the offensive War Melior causa ad partem poenitentem transit And the party first offending by his penitency and satisfaction brings over the Right and Iustice to his Cause and if this be betwixt Independent States betwixt whom such as write de Iure Belli say a legitimate War can only be for War being defined to be publico●um Armorum justa contentio Subjects are not allowed as lawfull Enemies opposed to their Soveraign for want of supreme and publique Authority How much more ought such Acknowledgment and Reparations as have before been set down have satisfied Subjects in the behalf of their King so far humbling of himself as certainly would have pacified a modest Conqueror After the King had found himself disappointed of his expectation and that by his former yieldings and complyances the misunderstandings were little allayed but greater appearances grew every day that other of unquietness and troubles

whether they be within the Kingdom or fled out of it And that all Persons cited by either House of Parliament may appear and abide the Censure of Parliament 14. That the general Pardon offered by your Majesty may be granted with such Exceptions as shall be advised by both Houses of Parliament 15. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such Persons as your Majesty shall appoint with the Approbation of your Parliament and in the Intervals of Parliament with the Approbation of the Major part of the Counsel in such manner as before is expressed in the Choise of Counsellors 16. That the extraordinary Guards and Military Forces now attending your Majesty may be removed and discharged and that for the future you will raise no such Guards or extraordinary Forces but according to the Law in case of actual Rebellion or Invasion 17. That your Majesty will be pleased to enter into a more strict allyance with the States of the United Provinces and other Neighbour Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Pope and his Adherents to subvert and suppress it whereby your Majesty will obtain a great access of Strength and Reputation and the Subjects be much incouraged and enabled in a Parliamentary way for your aid and assistance in restoring your Royal Sister and her Princely Issue to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause 18. That your Majesty would be pleased by Act of Parlia to clear the Lord Kimbolton and the five Members of the House of Commons in such manner that future Parliaments may be secured from the Consequent of that evill President 19. That your Majesty will be pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted thereunto with the Cansent of both Houses of Parliament H. ELSYNG CLER. PARL. D. COM. The Oath of Supremacy Cited page 31. I A. B. do utterly testifie and declare in my Conscience that the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal c. I do promise that from henceforth I shall bear Faith and true Allegeance to the Kings Highness his Heirs and lawfull Successors and to my power shall assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united or annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book The Oath fa Privy-Counsellor Cited page 32. You shall swear to the uttermost part of your cunning wit skill and power you shall he true and faithfull to the Kings Majesty our most dread and Soveraign Lord and to his Highnesse Heirs and Successors Kings and Queens of England according to the Statute for the establishment of the Succession of the Crown Imperial of this Realm You shall not know nor hear any thing that may in any wise be prejudicial to his Majesty or to his Heirs and Successors in form aforesaid or to the Common Wealth Peace and Quiet of this his Majesties Realm but you will with all diligence reveal and disclose the same to his Majesty or to such Person or Persons of his Highness Privy-Counsel as you shall think may and will honestly convey and bring it to his Majesties knowledge You shall serve his Majesty truly and faithfully in the room and place of his Highness Privy-Counsel You shall keep close and secret all such matters as shall be treated disputed debated and resolved of in Counsell without disclosing the same or any part thereof to any but only to such as be of the Privy-Counsell And yet if any matter so propounded treated dispated and debated in any such Counsell shall touch any particular person sworn of the same upon any such matter as shall in any wise concern his fidelity and truth to the Kings Majesty you shall in no wise open the same to him but keep it secret as you would do from another person till the Kings pleasure be known in that behalf You shall in all things to be moved treated disputed and debated in any such Counsel faithfully and truly declare your mind and opinion according to your heart and conscience in no wise forbearing so to do for any matter of respect or favour love meed dread displeasure or corruption Finally you shall be vigilant diligent and circumspect in all your doings and proceedings touching the Kings Majesty and his Affairs All which points before expressed you shall faithfully observe fulfill and keep to the utmost of your power wit and cunning So God you help and by the holy Contents of this Book The Negative Oath Cited page 32. I A. B. do swear from my heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament nor any forces raised without the Consent of the two Houses of Perliament in this Cause or War And I do likewise swear that my coming and submitting my self under the power and protection of the Parliament is without any manner of design whatsoever to the Prejudice of the proceedings of the two Houses of this Present Parliament and without the privity or advice of the King or any of his Counsel or Officers other than what I have now made known So help me God c. An Act of Parliament 1 Iac. cap. 1. acknowledging the Right of the Crown to him and his successors by inherent birth-right c. Cited page 19. We do upon the knees of our hearts agnize constant Faith Loyalty and Obedience to the King his Royal Progeny in this high Court of Parliament where all the body of the Realm is either in person or by representation We do acknowledge that the true and sincere Religion of the Church is continued and established by the King And do recognize as we are bound by the Law of God and man the Realm of England and the Imperial Crown thereof doth belong to him by inherent Birth-right and lawful and undoubted succession and submit our selves and our posterities until the last drop of our blood be spent to his Rule And beseech the King to accept the same as the first fruits of our Loyalty and Faith to his Majesty and his posterity for ever And for that this Act is not compleat nor perfect without his Majesties Consent the same is humbly desired A Declaration which Offences shall be adjudged Treason Anno 25 Edvv. 3. cap. 2. Cited pa. 35. Whereas divers Opinions have been before this time in what Case Treason shall be said and in what not The King at the request of the Lords and of the Commons hath

made a Declaration in the manner as hereafter followeth That is to say when a man doth compasse or imagine the death of our Lord the King or if our Lady his Queen or their eldest Son and Heir or if a man do violate the Kings Companion or the Kings eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them aid and Comfort in the Realm or elswhere and thereof be proveably attainted of open deed by people of their Condition And if a man Counterfeit the Kings great or privy Seal or his money and if a man bring false mony into this Realm counterfeit to the money of England as the money called Lushburg or other like to the said money of England knowing the money to be false to merchandise or make paiment in deceit of our said Lord the King and of his people c. Certain Articles taken out of a Protestation of the Kings Supremacy made by the non-conforming Ministers which were suspended or deprived 3 Iac. Anno Dom. 1605. Cited page 51. Art 4. We hold that though the Kings of this Realm were not Members of the Church but very Infidels yea and Persecutors of the truth that yet those Churches that shall be gathered together within these Dominions ought to acknowledge and yield the said Supremacy unto them And that the same is not tyed to their Faith and Christianity but to their very Crown from which no Subject or Subjects have power to separate or disjoin it Ar. 6. We hold that no Church or Church-Officers have power for any Crime whatsoever to deprive the King of the least of his Royal Prerogatives whatsoever much lesse to deprive him of his Supremacy wherein the height of his Royal Dignity consists Ar. 9. We hold that though the King should command any thing contrary to the word unto the Churches that yet they ought not to resist him therein but only peaceably to forbear Obedience and sue unto him for Grace and Mercy and where that cannot be obtained meekly to submit themselves to the punishment Animadversions upon some particulars set down in the 57 58 pages of this Discourse there referred to this Appendix for not interrupting the Series thereof here expressed more fully If Ordinances without the Kings assent 1. That Ordinances of the two Houses without the King have not the power of Acts of Parliament should have the force of Acts of Parliament our Lives Estates and Laws might be Arbitrarily disposed of by the two Houses for that Acts of Parliament have undeniably Power over them all If Ordinances have power of Acts of Parliament the King hath no negative Voice which hath been acknowledged in all times and that no Act of Parliament bindeth the subject with out the Kings assent neither is it otherwise a Statute 1●H 7.24 H. 8. cap. 12.25 H. 8. cap. 21. This hath likewise been acknowledged several times at the heginning of this Parliament before the Doctrine of Coordination was hatched as will appear by their books of Ordinances and Declarations 1 par fol. 727. 1 Iac. cap. 1. 1 Car. 1 Cap 7. If the King hath not his negative Voice he were the only Slave in his Kingdom for that he alone should be tyed to Laws to which he had not assented whereas all other men either by themselves or their Representatives give their Consents to the Laws they live under which is the true mark betwixt Slavery and free Subjection Slaves living under the will of the Prince free Subjects under Laws to which themselves or their Ancestors have assented And the King only shall be bound and sworn to those Laws which are imposed upon him without his Consent which were irrational as well as illegal Ordinances were never pretended but only pro tempore 4 part Inst. fol. 23.48.292 2 part Inst. fol. 47 48. Rot. Pa● 1 num 4 Ed. 3. 2. ●●at the orde●●●g of the Militia appertainet● to the K. The Militia belongeth to the King as unseparable from the Crown without which he cannot protect nor punish withstand Enemies or suppress Rebels The Lords and Commons cannot assent in Parliament to any thing that tends to the disherison of the Crown 4 Par. Inst. fol. 14.42 Ed. 3. The Law doth give it him Stat 7 Ed. 1. with many other Statutes besides practice of all times and custome of the Realm Cook 4 part Inst. 51.125 The Forts and Navy Royal are his and to seize any of them is Treason 25 Ed. 3. 1 Ma. c. So declared by all the Iudges of England in Brookes Case 3. That the great Seal appertaineth only to the King The great Seal being the Power by which the Kings Royal Commands are legally distributed and conveyed cannot be severed from the Crown without the overthrow and destruction of Soveraignty 2 part Inst. 552. And to counterfeit the great Seal is high Treason 25 Ed. 3. 1 H. 4. cap. 2. 1. Marsess 2. cap. 6. For the Church Government The Houses have sworn the King to be the only Supreme Governor in all Causes and over all Persons as well Ecclesiastical as Civil 4. The Church Government The two Houses of Parliament may humbly offer to the King such Alterations and Reformations in Government as they shall think fit But to overthrow and change the Government without the Consent of the sole Supreme Governor nay contrary to his expresse Command and publique Declarations is against natural Reason and Common Law as well as against the said Oath The two Houses are as they say the Kings great Counsel which is true of the House of Peers The House of Commons Writ is only ad faciendum consentiendum But admitting them to be the Kings great Counsel it is a great absurdity and Non-sense that Counsellors should compel consent The Government of the Church is established by Law and by many Acts of Parliament To advise the repealing of the said Acts the Houses may do But without the Kings assent by force to endeavour the Change of the Government either in Church or Estate is high Treason so acknowledged by Mr. St. Iohns at the Arraignment of the Earl of Strafford and so declared by several Laws And was one of the Charges of Treason against the Lord of Canterbury Ir is contrary to all Divine and humane Laws that any Man should be condemned unheard or untryed 5. The prescribing of their fellow Subjects without tryal And the Law of the Land in Magna Charta ordereth That no man lose Life or Estate but per judicium parium aut legem terrae And the Stat. 2. Phil. Ma. that all Tryals for Treason be by Course of the Law Petition of Right 3 Car. It is an Inherent flower of the Crown 6. To grant Pardons belongeth only to the K. And by the Common Law Mercy belongeth to him

And that he had thought fit to withdraw himself from London for his safety and the avoiding of Affronts which he had cause to fear for that the five Members were the next day by the armed Train'd-bands of the City in martial manner to be brought to Westminster and to pass by the Kings Palace Yet so desirous was the King to sweeten things again that upon great instance he passed the Bill for debarring the Bishops their Seats and Votes in Parliament upon hopes that were given with no small Assurance that upon gratifying the Houses therein all things would speedily be put into a way of Accomodation I had often heard the King say That besides the wrong done unto the Bishops who had as good Right to their Votes in Parliament as any other Peers from the first Original of Parliaments he conceived he could not do any Act of greater Prejudice to himself and his Successors than the passing of that Bill Yet the desire he had of a reconciliation with his Parliament overweighed all other Considerations and Interests whatsoever And he gave his Royal assent unto the Bill But instead of that effect which the King expected thereby it produced the 19 Propositions of Grocers Hall before mentioned Whereupon although the King gave no negative Answer yet he put on a Resolution to make no further Answer to any new Propositions But his Request to the Houses was That they would set down together all such means as would give them satisfaction wherunto they should receive a gracious and satisfsctory Answer to all they could iustly or reasonably demand But this was declared to be a breach of privileges to restrain the Proposals of the Houses either in matter or form The King on the other side thought that whatsoever he had formerly done had served only to strip himself of his known Rights but had no way advanced a general accommodation And so for the future betook himself to Declarations and Protestations instead of Answers wherein he proffer'd to concurre in all things they should desire for the settling of all Liberties and Immunities of the Subject either for the Propriety of their Goods or Liberty of their Persons which they either had received from his Ancestors or which by himself had been granted unto them And if there did yet remain any thing of Grace for the good and comfort of the Subject he would willingly heaken unto all their reasonable Propositions And for the setling of the true Protestant Religion he most earnestly recommended the Care thereof unto them wherein they should have his Concurrence and assictance The Rule of his Government he protested should be the setled Laws of the Kingdom And for the Indempnity and Comfort of the Subject he offered a more ample and General Pardon than had been granted by any of his Predecessors and for the performance of all he had promised besides solemn Oaths and Execrations whereby he bound himself he desired God only so to bless and prosper him and his Posterity as he should faithfully perform the same And further for the greater securing of what should be agreed and setled he gave such voluntary security as I conceive was never before demanded nor by any King offered to his Subjects That in the Case he failed in performance or should do contrary to that which he had promised or agreed He acquitted and freed his Subjects of their Obedience And this great desire of the Kings to have purchased Reconciliation with the Houses will appear to have been known to me and to have been so beleeved by me by what I spake in the House of Peers the 20 of May 1642. and was published in print most of this being but a repetition of what I then said as will appear by the said Speech hereunto annexed Besides the above specified Reasons of the Kings desiring Peace It could not be supposed that in humane prudence the King could desire a War being altogether unfurnished of men mony and ammunition and the contrary party provided of all by the being seized of his Forts his Magazins his Navy his Rents the Revenew of his Crown and of the powerfull and rich City of London and of the perverted Affections of his People He was fain at his return from Dover whither he had accompanyed the Queen when she passed into Holland to go from place to place as to Theobalds and to Newmarket lingring up and down in hope still of some Overture of Accommodation and many Motions tending thereunto were made by my self and other the Kings Servants that stayed behind him with the Parliament But they were not then thought seasonable and wrought little effect and the King having lost all hopes in that kind held it fit to retire himself further from danger as he conceived and so went unto York with a very mean Equipage and a slender Attendance of not above 30 or 40 Persons It is true that many of the Nobility and Gentry repaired thither unto him shewing great Affection and Resolution to follow him in all Fortune and Indeavours were used that the King might be put into the best posture of Defence that was possible but ever with a desire that those small Forces might rather countenance some Treaty or Overture for Accommodation than that there was any belief that those Forces were fit to carry through a War And to that purpose the Earls of Southampton and Dorset were sent unto the Parliament with new Overtures from Nottingham But nothing would be heard untill the King had first taken down his Standard and laid down Arms which the King understood to be a total submission and yielding of himself up seeing my Lord of Essex came forth and within few daies march of him with a great and powerfull Army He himself having by Sr. Iacob Ashleys Certificate not above 700 foot whereof there were not above 400 armed and 900 foot of Colonell Bellasis at Newark most of them without Arms An Equipage certainly not to have incouraged the King unto a War if it could have been avoided But such was Gods will for the punishment of the Nation But the Kings Forces indeed unexpectedly increased by which the War hath been continued to the Destruction of the Kingdom and more particularly of the Kings Party but later by much than could have been expected by any foreseeing man and neither the King nor any rational man with him but would have accepted and sought an Accommodation though with great loss and prejudice So that to make the King the first Agressor and beginner of an Offensive War and the Houses to have taken only defensive Arms I could never understand it nor know what it was they could pretend to defend Since there was no wrong left unredressed nor any thing that they could have pretence or colour to demand that was not offered Many things undeniably the Kings were witheld from him and more daily seized But I conceive no one thing can be instanced wherein the King hath deteined from