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A80341 A confutation of the Earle of Newcastles reasons for taking under his command and conduct divers popish recusants in the northerne parts; wherein is shewed both the unlawfulnesse, and danger of arming of papists: being a thing of main consequence for all true Protestants to take present and speciall notice of. 1643 (1643) Wing C5813; Thomason E86_13; ESTC R4131 6,423 15

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in Dublin where Sir Tobie consulted often and seriously with Prelates and other Ecclesiasticall persons of the Church of Rome by whom he prepared the partie of Papists in the Parliament of Ireland then sitting to assent to a Declaration against the kingdome of Scotland and to grant more Subsidies to advance that war then they have yet paid But to come neerer home to the writer of the Declaration hath the Parliament or his Exeelencie the Earle of Essex given Commissions or power to any Colonell or Commander of the Popish Religion to levie conduct and command Regiments Troopes or Bands of men in the present service As the Earle of Newcastle his Majesties Generall in the Northern parts hath done Are there whole Regiments or Companies consisting all or most part of Papists exactly and distinctly knowne by the Parliament to be such admitted to serve under the Earle of Essex or any other Commander in Chiefe imployed by the Parliament Surelie none But such are in great esteeme and credit and much trusted in the severall Armies latelie raised and now on foote by vertue of severall Commissions granted by his Maiestie to the Earle of Newcastle and others to defend the Protestant Religion the Lawes of this kingdome by which Papists are declared unfit to bee trusted with Armes and the Libertie of the Subject as is pretended Now admitting some Papists have through negligence or by friendship with private Captaines or other Officers got into the Parliaments Army as it may be supposed some have done of purpose to betray the Counsells and designes of that Armie is that a good justification for exciting and authorizing all the Papists in the North and other places fit to beare Armes to take up Armes for for the destruction of the Protestants and suppression of Religion Lawes and Liberties established in the Land The Author of the said Declaration glanceth at the Proclamation lately published prohibiting all Popish Recusants to come to his Majesties Court unlesse they would take the Oaths of Allegiance and Supremacie stricter Proclamations against Papists have beene freequent heretofore yet they never affrighted the Papists who were well acquainted with the intentions of the Advisors of such Proclamations It is recorded in History that a Christian Emperour having under hand waged a great Armie to warre upon the Pope caused the Citie of Rome to be sackt and the Pope to be besieged in the Castle of Saint Angelo yet when the tidings thereof became publike and famous in all countries he ordained a Fast to be observed in his Court for the safety and delivery of the Pope an impious dissimulation and such as should not be imitated by any Prince Christian But it must be acknowledged that the Author of the Declaration aforesaid dealeth more plainely then the Pen-men of his Majesties Declarations usually doe for he affirmeth that his Majestie thinkes it not unlawfull for him to admit into his service and continue in pay professed Papists and that his Majestie doth hold his Recusant subjects meaning Papists to be as strongly obliged by the Lawes of the Land for the defence of his person and the liberty of Parliaments and Lawes of the Kingdome as any of his Protestant Subjects c. whether his Majestie will avow the same or no is yet unknowne therefore till time discover it let the Earle of Newcastle or who else published the said Declaration under his name be favourably pleased to understand that although all Subjects be alike obliged by Law for defence of their Soveraignes person and the liberties and Lawes of the Kingdome yet all Subjects have not the like interest in the liberties and Laws of the Kingdome now in force neither did any Papist ever affirme that he affects the liberty of the Parliaments as Protestants doe which his Majestie knowes well by their cariage and insinuation at all times to bring him to dislike with Parliaments if it were possible And albeit his Majestie may be construed to be exempt from the Excommunication of Pope Pius against the Kingdom of England because hee was not borne in England yet when the Prince of Wales or any of his Majesties Children shall succeede in the Royall Throne they may be accounted Excommunicate and if the Pope doe at any time hereafter enjoyne the Papist to deny Alleagiance to his Majestie by colour of that Excommunication or some other Romane device may finde as little fidelity in the Papists as Queene Elizabeth did and they will never conceive themselves so obliged as is set forth in the said Declaration in regard they held a supremacie in the Pope above the King in matters Ecclesiasticall which at this time are become not the least occasions of the apparent evills and threatned ruine ready to fall upon his Majesties Dominions nor doth the taking of the Oath of Supremacie secure their alleagiance or fidelitie to the Kings of England being Protestants considering there is a power admitted by them to be in the Pope to dispence with Oathes in matters lesse conducing to the advancement of the Ecclesiasticall Hierarchie then to dissemble in taking the Oath of Supremacie as testifieth the Example of Cardinall Askanius who being released out of prison by the French King and after great kindnesses received in that Kingdome was permitted to goe to Rome with the Cardinall D' Amboise to be at the election of a Pope to succeede Pope Alexander tooke an Oath that he would returne to France againe yet refused so to doe having obtained the Popes dispensation to breake his faith with the Christian King which a Heathen Romane of old would not doe to escape the most grievous torments the matter then standing thus and the Law of England not allowing that Papists should have Armes although the King may dispence with the Law in some cases for the good and tranquility of the people yet in this case where one of the pretences for Arming is the defence of the Protestant Religion and another pretence is the maintenance of priviledges of Parliament Why is not his Majesty barred by the equity and intent of the Law from admitting Papists into the present service Seeing all papists are taught to have both the protestant Religion the parliament more then any Religion or Court of Justice in the world and therefore cannot be conceived by any of mean understanding much lesse by the Earle of Newcastle to stand neither so deeply obliged nor so well affected to defend either the Kings person being a protestant or the protestant Religion or priviledges of parliament as the protestant Subjects of England are The Author of the aforsaid declaration poceedeth to examyne the pretended in conveniences where with the arming of papists is alleadged to be attended in the first place voucheth for iustification of the uniustifiable arming of papists the example of the Emperor Charles the first who being a Popish Emperor did not refuse the service of any of the Protestants of Germany in that Army wherewith he made warre upon the