Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	crown_n	england_n	king_n	4,225	5	4.0191	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49305	An appeal to the conscience of a fanatick shewing that the King of England, by the fundamental laws of it, is as absolute and independent a monarch as any of the kings mentioned in Scripture, and consequently, as free as any of them from any humane coactive power to punish, censure, or dethrone him : whereunto is added, a short view of the laws both foreign and domestick, against seditious conventicles / by a barrister at law.	Lane, Bartholomew.	1684 (1684)	Wing L328; ESTC R10926	17,115	31

AN APPEAL TO THE CONSCIENCE OF A FANATICK SHEWING That the KING of ENGLAND by the Fundamental Laws of it is as absolute and Independent a Monarch as any of the Kings mentioned in Scripture and consequently as free as any of them from any Humane Coactive Power to Punish Censure or Dethrone him Whereunto is added A Short view of the Laws both Foreign and Domestick against Seditious Conventicles By a Barrister at Law LONDON Printed by J. G. for John Walthoe at the Black-Lyon in Chancery-Lane overagainst Lincolns-Inn 1684. AN APPEAL TO THE CONSCIENCE OF A Fanatick c. SIR YOurs I have received wherein you are pleased to signify that you have shown the several Tracts which have been lately written and exposed to publick View in defence of the Doctrine of Non-resistance to some of your Neighbors who are much inclined to Fanaticism and they say upon perusal of them that though they should grant to our Church-men what they have endeavoured to prove out of Scripture Viz. The unlawfullness of Subjects taking up Arms against their Sovereign in what Case soever yet they fancy that the King of England is not such a King as the Scriptures mention It is say you an Evasion they much boast of whensoever they read any pieces of this nature What is all this to us who Live not under such a King as the Holy Scriptures makes mention of Well ●●●ing that this Evasion is the Diana they so much vaunt or I am resolved out of the Zeal and Love I bear my King and Country and for the prevention of another Rebellion having been sufficiently sensible of the dire and calamitous Effects of the former to set forth the excellent and sweet agreement which the Municipal Laws of this Realm have with the Laws of God in this particular affirming That the King of England is such a King as the Scriptures mention and that in a fourfold Respect In Respect 1. Of his Right to the Crown 2. Of his Authority and Power 3. Of his Charge and Duty 4. Of the Rendring of his Account 1st The King of England 's Right to the Crown is by Birth Descent or Hereditary Succession And this shall be apparanted in these four particularities First By that part of the Oath of Allegiance which is used in every Leet You shall swear that from this day forward Co. Lib. 7. Calvin's Case you shall be true and faithful to our Sovereign Lord King Charles and his Heirs which demonstrates the Descent And by the by I presume it will not be amiss to present to our Fanaticks the whole scope and aim of this Oath of Allegiance as it is expressed in the Laws and Constitutions of our King William the First Statuimus ut omnes Liberi Homines faedere Sacramento affirment quod intra extra universum Regnum Angliae quod olim vocabatur Regnum Britanniae Willielmo Regi Domino suo fideles esse volunt Terras Honores illius omni fidelitate ubique servare cum eo contra inimicos alienigenas defendere Lex 52. De fide obsequio erga Regem Add hereto another Constitution of the Conqueror whereby all subjects are commanded ut Jura Regia illaesa servare pro viribus Conentur Statuimus etiam firmiter praecipimus ut omnes Liberi homines totius Regni nostri praedicti sint fratres Conjurati ad Monarchiam nostram ad Regnum Nostrum pro viribus suis facultatibus contra inimicos pro posse suo defendendum viriliter servandum Pacem dignitatem Coronae nostrae integram observandam Lex 59. Both which Laws and many others enacted and granted by the Conqueror were observed and kept in the Reign of King Edward the Confessor Secondly For that we do our Ligeance to the King in his natural Capacity that is as he is Charles the Son and Heir apparent of King Charles the Glorious and Royal Martyr For Ligeance or Homage cannot be done to the King in his Politick capacity Coke Lib. 7. Calvin's Case for so the Body of the King is invisible If this be true Law as it is what shall we judge then of the new Coined distinction to make a difference betwixt the King and his Authority betwixt his Personal Will and his Royal and Authoritative Will to pursue the late Kings Person with a Cannon-Bullet at Edge-hill and to preserve his Authority at London or elsewhere I am sure 't is Evident by the 25. E. 3. C. 2. De proditionibus that it is High-Treason to compasse the Kings Death by which must be meant to endeavour his Personal ruine because the Regal Authority never dies in England Oh Fanaticks take heed then for the future of New-coined distinctions take heed of the cunning Wiles and Sleights of the Jesuits There is no Wickedness but hath some excuse In that great Insurrection in Richard the Seconds time the Commons had a fair pretence Their Intent was as they said to abollish the Law of Velleinage and Servitude and to slay the Corrupt Judges And they took an Oath forsooth to be true to the King and Commons and that they would take nothing but what they paid for and they punished all Theft with death yet in the Parliament of 5. R. 2. N. 3 and 32. They were adjudged Traytors The Earls of Northumberland and Westmerland in the Reign of Queen Elizabeth could in the Queens Name command the Country to follow them in Arms sometimes pretending the safety of Her Majesties Person in danger they said by Treasons in working And sometimes in case of Conscience for restoring their former Religion And in this Zeal they hasted to Durrham Minster where they tare the Bible and Communion Book and such other things as there were saith Stow in great Contempt Yet these were mere Rebels and Traytors Speed Lib. 9. Cap. 24. Wherefore examine search diligently into the Cause every thing is not as it seems All is not Gold that Glisters I beseech you to look before you leap into Rebellion that Sin of Witch-craft Thirdly It is expresly affirm'd in the Case of Calvin That the King holds the Kingdom of England by Birth-Right Inherent by Descent from the Blood-Royal Co. Lib. 7 Calvin's Cases whereupon Succession doth attend and therefore it is usually said To the King his Heirs and Successors wherein Heirs is first named and Successors attendant upon Heirs but the Title is by Descent By Queen Elizabeth's Death the Crown and Kingdom of England descended to King James and from him to King Charles the First and from him to the King that now is and they were fully and absolutely thereby Kings without any essential Ceremony or Act to be done Ex post facto And by the way how inseparable this Right of descent is from the next in Blood you may see in H. 4. who though he was also of the Blood-Royal and had the Crown resigned unto him from R. 2. and confirmed by Act of Parliament

4.8.51 d. 36.1.13 d. 24.1.7 8. neque imperare sibi neque se prohibere quisquam potest no man can Command or forbid himself at leastwise no man can impose such a Law upon himself but that he may recede from it when he pleaseth D. 32.1.22 de Leg. 3. He that is under the former power only is accountable to God only for his Actions as the King But he that is under both Powers of the Law is accountable both to God and the Law as is every Subject Again In respect of the Directing Power the Law is the Object and Rule of Justice and so the King is under the Law In Respect of the Correcting Power the Law is the Instrument of Justice and so the King is not under the Law but the Law is a means serving the King to govern his People To illustrate this by an example a Servant who guides and directs his Master as he is a Guide is superiour to his Master but consider him as an Instrument and Servant unto his Master and though he be never so Wise and Upright yet his Master is above him And as the Law is said to be above the King so in the same Sence His Council may also be said to be above him that is in respect they guide Bracton Lib. 2. c. 16. N. 3. Fleta Lib. 1. c. 17. N. 9. direct and advise the King in the Governing of his People For so say our two antient Lawyers The King hath Superiors in the Governing of his People the Law by which he is made and his Council to wit The Earls and Barons But here a scruple may arise what Bracton and Fleta mean when they say The Law makes the King It is answered there are two singular and excellent benefits which by the Law redound unto the King The one is the Law does declare and publish unto the People the Kings Right unto the Crown so that they quietly and willingly receive him as their King and submit unto him The other Benefit is the Law doth support and strengthen him in his Emperial Throne In both which respects it may well be said That the Law makes the King and so Sir Edward Coke spake right when he told King James That the Law set the Crown upon his Head Sir These Objections being fully as I think answered I shall leave you and your Fanatick Neighbours to compare what hath been now by me proved with what hath been by some of our Divines lately delivered out of the Scriptures and you will clearly find That the King of England is such a King as the Scriptures make mention of And if it be so how then can Fanaticks take up Arms against him If he be wicked what advantage will it be to them to be worse If he break his Oath will they also break theirs Or can they say that they swear Allegiance unto him on conditon of his good Behaviour Does the Statute of 25. Ed. 3. C. 2. declare it to be Treason only to Levy War against a good a just King Why then did not the Protestants take up Arms against that bloody Idolatrous Queen Mary Why then is it Treason to compass the Death of an Usurper of the Crown Dalt 227. Was not Spencer banished for the affirming Co. Lib. 7. Calvin's Case That if the King did not demean himself by Reason in the Right of the Crown His Subjects were bound by Oath to remove him Oh Fanaticks take heed of this unhappy principle which not long since ruined as Flourishing a Kingdom as any in the Christian World By the dire Effects of it our Religion was abolished our Foundations over-turned our Laws abrogated the Government of Church and State dissolved instead of Religion Atheism and Infidelity Fanatick Rage and wild Enthusiasme In short instead of Liberty and Property the voice of Sequestrations Plunders and Decimations were heard in the Land FLAGELLVM CONCILIABVLORVM OR A ROD for the FOOLS-BACK SHEWING What Laws both Forreign and Domestick have been framed for the Prevention and Suppression of Conventicles THe gathering of Assemblies is reckoned as an especial Priviledge of Soveraign Princes who in all times have been jealous of them and provided severe Laws against them and good Reason for such Jealousy for that it is impossible be the pretences of Meeting never so specious and fair to Govern People and keep them quiet long if they have liberty to flock together at their pleasures And therefore there is a necessity that all Assemblings of people whether upon a Sacred or Civil account should be absolutely in the Power of Princes To which purpose both remarkable and agreable are those Laws and Edicts made by the Policy of the Greeks and Romans whereunto we will add those Laws Canons and Constitutions that have been Enacted in our Parliaments and Convocations And we shall begin with those that are Foreign Isocrates under the person of King Nicocles thus instructs his Subjects 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In English thus Make no Societies nor Coventicles without my License Assemblies of this kind as in other Governments they are hurtful so in Monarchies they are exceeding dangerous Agreable hereto is that of Mecenas in Dio who pronounceth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is in English Combinations and Assemblies and Associations are things that do not very well consist with a Monarchy Upon this account Arnoldus Clapmarius shews how pernitious and dangerous are Conventicles in a Government L●b 3. cap. 13. de Arcanis Donationis and gives us Tacitus's Note In Rebellione Galliarum Igitur says Tacitus per conciliabula Caetus seditiosa disserebant From whence such unlawful Assemblies are prevented and suppressed by the Decrees and Constitutions of the Roman Princes and Senators which are to be found in the Body of the Civil Law which I now present to the Reader Sub praetextu Religionis D. 47.11.2 de caetibus illicitis vel sub species solvendi voti Caetus illicitos nec a veteranis tempetare oportet Mandatis principalibus praecipitur praesidibus provinciarum ne patiantur esse Collegia sodalitia neve milites Collegia in castris habeant D. 47.22.1 de Collegii Sed permittitur tenuioribus Stipem menstruam Conferre dum tamen semel in mense caeant ne sub praetextu hujusmodi illicitum Collegium coeat Quod non tantum in urbe sed in Italia in provinciis Locum habere Divus quoque severus rescripsit Sed Religionis Causa coine non prohibentur D. 47.22.2 de p●na dum tamen per hoc non fiat Contra Senatusconsultum quo illicita Collegiaarcentur Quisquis illicitum Collegium Vsurpaverit ea paena quo Tenetur qui hominibus armatis Loca publica vel templa occupasse judicati sunt In summa autem nisi ex senatusconsulti auctoritate vel Caesaris D. 47.22.3.1 Collegium vel quod cunque tale Corpus coierit contra senatusconsultum et mandata constitutiones collegium celebrant By these