Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	conqueror_n	king_n	scotland_n	2,527	5	9.9151	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35931	The royalist's defence vindicating the King's proceedings in the late warre made against him, clearly discovering, how and by what impostures the incendiaries of these distractions have subverted the knowne law of the land, the Protestant religion, and reduced the people to an unparallel'd slavery.	Dallison, Charles, d. 1669.	1648 (1648)	Wing D138; ESTC R5148	119,595	156

name of King and Parliament and all such as have acted therein or adhered thereunto are guilty of Treason p. 100. CHAP. X. That the Subjects of this Nation are not only commanded from doing violence to the Kings Person or prejudice to His authority but are obliged with their lives and fortunes to assist and preserve His person and just rights from the fury of His enemies both forraigne and domestick p. 112. CHAP. XI That those persons at Westminster who call themselves The Parliament of England are not the two Houses nor Members of the Parliament p. 113. CHAP. XII Results upon the premises That the people of England under the government of the King according to the Laws of the Realme are a free Subject p. 125. CHAP. XIII That the people of England under the government claimed by the Members of the two Houses are absolute slaves p. 128. CHAP. XIV How the Subjects of England were brought into this slavery p. 132. CHAP. XV. The way how to restore the people unto their former Liberty p. 135. The Preamble or Introduction to the insuing Discourse wherein are contained the Motives which induced the Authour to take up Armes for the KING against the Forces raised by command of the Members of the two Houses of PARLIAMENT WHen the unhappy difference between His Majesty and the two Houses began to appear I endeavoured to satisfie my self of the cause thereof which I found to be thus The Members formed a 〈◊〉 concerning the Militia of the Kingdome to this effect viz. That certain persons by them therein named shall have power to Call together Muster and Arme all the people of the Kingdome and Conduct them into any part of the Realme to suppresse rebellious Insurrections or Invasions in such sort as the Members without the King shal signifie this power to continue so Long and no longer then those Members please and disobedience therein to be punished by the Members and none else This being presented to the King He refused to confirm it with His Royall Assent The Members thereupon stiling it An Ordinance of Parliament without the King declared it a Law By which in words not onely the Militia of the Kingdome and the Government of the Realm was taken from the Crowne and removed to the Members but an Arbitrary power usurped by them to signifie and declare what Facts were Rebellion and what not and accordingly by pretext and colour thereof caused the people to be Arrayed Armed and Mustered And so in effect the Kings Sword and Scepter wrested out of His hands by His owne Subjects And further the Members pretending the King not consenting to that Law was Evil-counselled by like Ordinances raised Armies appointed the Earl of Essex their Generall authorized them by War to Kill and slay their fellow Subjects and to remove from the King those pretended bad Counsellours The King by His Proclamation inhibited all Persons from adhering unto them and required His Subjects obedience unto Him their King Hereupon I seriously bethought my self whether I was obliged herein to obey the King or the Members and resolved the Laws of England ought to be my guide which I found to be thus That this Nation is governed by a known Law that Law expounded by the Judges of the Realme Those Judges appointed and authorized by the King our only Supream Governor unto whom alone all the people of England are obliged in point of Soveraignty and Government to submit themselves Then I considered in whom the power of the Militia was before the making of the aforesaid Ordinances Secondly 〈◊〉 ●●…teration those Ordinances made For the first I found that the Militia of the Kingdome by the known Law was inherently in the King For the latter that no New Law can be made or the Old changed but by the King with the assent of the two Houses of Parliament And finding the King therein to dis-assent I did without scruple resolve the law was not altered therefore the Militia still in the Crown and consequently that it was my duty herein to obey the Kings Command not the Members Then I considered what was the offence of a Subject to joyne with those Forces raised by the Members which I found to be the crime of High Treason And lastly it being the duty of every Subject not onely to decline opposing his Soveraigne but to assist Him against all disloyall actions I took up Armes for Him and in His defence in this War Since which I have met with some Objections against these my proceedings which with my Answers to them I have set down in this ensuing Discourse And first concerning the grounds of the Law CHAP. I. That the Lawes of England consist in generall customes particular Customes and Acts of Parliament MOst evident it is that from the subduing of this Nation by the Romans which is about 1700 years agoe the people of this Realme have been governed by a Monarchicall power first under the Roman Emperours then under the Saxons awhile under the Danes again under the Saxons and lastly under the Norman Conquerour and his Progeny untill this day yet by what particular Laws those former Kings governed no authentick Author beyond the time of William the Conquerour doth make it appear But certain it is after that Conquerour had in a Battle slaine Harold and vanquished his Army which is neer 600 years since the people of this Nation submitted unto him as King of England who being in possession of the Crown agreed to Govern by known Laws Now whether those were new Laws introduced or the old continued as to this purpose is not materiall But by that very same Law as by severall Acts of Parliament it appeareth divers of his Successours Kings calling unto them for their advice such of their Subjects as they thought fit by Acts of Parliament made new Laws and changed the old but succeeding Kings since that have herein limited themselves insomuch as by the Constitutions of the Realme as now it is setled the Law of England consists in these three particulars 1. Generall Customes as thus the eldest Son to Inherit his Fathers Land the Wife to enjoy a Third part of her Husbands Inheritance for her Dower these and such like are generally Law throughout the Kingdome therefore called the Common Law 2. Particular Customes as thus in some places the yongest Son in other places all Equally Inherit their Fathers Land these and such like are particular Customes being fixed to particular places and by antient constant and frequent use is become Law there although not generally throughout the Kingdome 3. Acts of Parliament made by the King with the assent of the two Houses All which together that is to say The Common Law particular Customes and Acts of Parliament make the Law of England By this Law all men are protected in their Persons and Estates wherein there is no difference between King and People for neither King nor Subject hath or can justly

politick Capacity If the King die during a Parliament ipso facto the Parliament is dissolved Therefore Soveraignty is not virtually in the two Houses By the Kings death untill a late Statute made therein all suites in Law even between party and party were discontinued And at this day the Chancellor the Keeper of the Great Seal the Judges the Sheriffes of Counties Justices of Peace and other Officers by his death are void which could not be if Soveraigne power were not in the naturall person of the King or if that Authority were virtually in the Members The Law of the Land saith that Allegeance is due from the Subject to the King so soon as he is born therefore he is called Subditus natus And so both Soveraignty and Allegeance inherently and by birth-right the one in the person of the King and the other in the person of the Subject And this duty is reciprocall The King ex Officio as King is obliged to protect the people And the Subject in duty is bound to obey their Soveraign for protectio trahit subjectionem subjectio protectionem There be two sorts of Homage viz. Homagium Ligeum homagium feudale The first being Allegeance is due onely to the Kings Person And therefore our Law saith it is inherent inseparable and cannot be respited But the latter being due by reason of the tenure of Land a Writ lies to respite it Besides a body politick can neither doe nor receive Homage It cannot be done but to the naturall person of a man The Lords and Commons 10 Jacobi made this recognition viz. Albeit within few houres after the death of Queen Elizabeth we declared your Majesty our onely and rightfull Leige Lord and Soveraigne Yet as we cannot doe it too often or enough So it cannot be more fit then in this High Court of Parliament where the whole Kingdome in person or by representation is present upon the knees of our hearts to agnize our most constant Faith Obedience and Loyalty to your Majesty your Royall Progeny humbly beseeching it may be as a Memoriall to all Posterity recorded in Parliament and enacted by the same that we recognize and acknowledge that immediately upon the death of Queen Elizabeth the Imperiall Crown of this Realme did by inherent birth-right and lawfull and undoubted succession descend and come to your Majesty And that by Lawfull right and discent under one Imperiall Crowne your Majesty is of England Scotland France and Ireland King And thereunto we most humbly and faithfully submit and oblige our selves our heires and posterities for ever untill the last drop of our bloods be spent And beseech your Majesty to accept the same as the first fruits of our Loyalty to your Majesty and Royall Progeny and Posterity for ever Which if your Majesty will adorne with your Royall Assent without which it neither can be compleat nor remaine to all Posterity we shall adde this to the rest of your Majesties inestimable benefits By this we see that this Kings Father by inherent birth-right had the Soveraigne power of Government That the Lords and Commons in Parliament did not onely submit thereunto but at their humble suite by Act of Parliament obliged themselves their heires and posterities for ever even to the spending of their last drop of blood to preserve Him and His Posterity therein But to insist upon particulars of this nature were too tedious There is no other Language to be found from the beginning of this Parliament up to the Romane conquest Every Statute booke of Law History and the constant practice of the Kingdome herein concurs Neither tongue nor pen untill these Antipodes the Members who belch nothing but contradictions to truth justice and honesty ever made other expressions But the juggle is now even by the vulgar clearly discovered and found to be too slight an Hocus Pocus trick to gaine three Kingdomes But it is visible to the world The Members use the word King as they do the name of God himself either for their owne advantage or to gull the people which amongst infinite other particulars by their various proceedings concerning the Kings Soveraigne power it is manifest First by their foresaid Declaration in words they ascribe unto the King a greater power then he either hath or challengeth He is say they absolutely Supreame head and Governour And this in all things and that finall too for say they from him there is no appeale But even by the same Instrument they tell us that this Soveraignty is not in the Kings person but totally in the Members of the two Houses And after their preaching of this doctrine and exercising the Kings office for some years then they tooke the boldnesse in plaine tearmes to tell us they would have no King that they themselves would without their Soveraigne governe the Kingdome But herein they catched themselves for instantly thereupon the people plainely discerned their intention even from the first they were by this Vote satisfied that the Members aime was not for the publicke but for their owne private to subvert the knowne Law and to reduce the people to the slavery of an everlasting arbitrary and tyrannicall power under their equals The Subjects of England upon this Vote unanimously even through the whole Kingdome as if they were at one instant generally inspired make their Protestation against these usurpers They cry out and call for their leige Lord their King They resolve to submit unto no other government then by our ancient and knowne Laws which the Members perceiving they returned to their owne vomit and thinking to deceive the people with a new sleight do now againe begin to word it for a King and Vote thus That this Nation shall be Governed by King Lords and Commons Which is as perfect a juggle as that whereby they Declared the Kings power to be virtually in themselves If those Votes binde it followeth that we neither have nor can have otherwise then at the Members will either King Law or Government Their last Vote in words seemes in some sort to set up a King But for any thing we know before the next new Moon the Members may fancy to themselves the same motives as formerly and Vote Him quite downe againe So that admitting this power in the Members to set up and pull downe to Vote and u●-Vote it is indifferent both to King and people whether to have a Statue and call it King or a King by the Members Vote Then for the Vote it selfe admitting the Members to have authority by their Votes to alter the Law which they have not it is in it selfe most grosse We must say they be governed by King Lords and Commons But what power is hereby intended for the King non constat By the next Vote the Members may declare they meant hereby that the King shall not have any authority in his owne person but still judge the Soveraigne power as formerly

He is not Judge in His own case nor hath a power Arbitrary His Authority and interest is regulated by a known Law Thus appears the different condition of the people between that in the worst of times under the Kings Government and what they are now reduced unto under the men at Westminster So that if the people had onely exchanged that Government for this it had been miserable enough Therefore considering the blood which hath been spilt herein most irksome it must be to every honest soule to think thereof But still the peoples case is worse the former grievances under the King was no cause of their defection For before this War began they were reformed Ship-money and all grievances were taken away In a word the people had no other motive to draw their sword against their Soveraigne but thus They were by these incendiaries falsely told that the King meant not what he said nor intended to keep those Laws he had made But now every person thus seduced by his owne wofull experience finds that it was these persons at Westminster who meant contrary to what they pretended If he looke for the Protestant Religion freedome of conscience the Laws of the Realme Liberty of his person or property in his estate due unto 〈◊〉 〈◊〉 subject not one of them is to be found But instead thereof he finds himselfe poore man catched in the Members net His conscience His life His Liberty His estate and fortune is now at their arbitrary power These things considered he that thinkes either of this world or of the world to come upon his soule or body if he love himselfe or his Country if he fear God or honour the King must instantly make one in this worke to restore that King to his Throne Thus for the persons who ought to apply the medicine the next is to know how it shall be done And for that although considering the calamities this Nation hath suffered in being brought to bondage To redeeme it againe may seeme difficult yet upon consideration had thereupon it appears to be a thing easily effected That of the Members in excluding the King opposed the Law Therefore could not be done but by War and force But this of restoring the King pursues the Law and so proclaimes peace And as the Members could not have usurped this power but by War so they cannot hold it but by force Instantly upon the Law having its free passage their Kingdome is at an end And to every War is absolutely necessary the peoples personall assistance and money to pay the Soldiers If either of these faile the War is ended And obvious it is that the persons at Westminster can have neither of them but from those whom by the same persons have been thus brought to thraldome So that to perfect all this worke if every one would do his duty there would be no danger of bloodshed Then there needed no weapons not doing would do the worke Therefore whether thou bee'st in armes or not obey thy King according to the Law make thy payments to whom by Law they are due pay no Excise Loanes Benevolences Assessements Tax Tollage or other new impositions by them laid upon thee And if these Usurpers require these things as due by Law Tell them it is contrary to their owne doctrine Wish them to read the Petition of right whereby the Lords and Commons in Parliament declared That the people ought not to be Taxed with payments of money but by Act of Parliament that is by the King the Lords House and the Commons joyntly concurring Put them in minde of their Declarations this Parliament wherein they call it pernitious ●●…mpt to goe about to Tax the people by way of Excise That it is against the liberty of the Subject to be charged with payments of money otherwise then the knowne Law doth warrant that nothing is more horrid then to have Soldiers billited to force upon the people voluntary contributions or to have new Oathes put upon them Yet these and thousand more exactions laid upon thee against Magna Charta the Petition of right and the knowne Law thou maist charge them with And needs no other Judge to condemne them but themselves out of their owne mouthes And further for thy incouragement herein be assured that by this restauration of the King not onely the people of England obtaine their freedome but instantly thereupon ensueth peace and unity throughout all the Kings Dominions For by that the Kingdomes of England Scotland and Ireland are againe united The people will then with great joy and acclamation according to the foresaid just recognition of the Lords and Commons unto King James performe their duty unto this our King Charls And acknowledge Him according to the foresaid Oath of Supremacy their onely Supreame Governour Upon the whole matter so long as the people continue in this slavery they are not onely their owne wilfull tormentors but disobeyers of the Laws of God and man And by quitting themselves from bondage which is at every instant in their power to do they performe their duty to both FINIS ERRATA PAg. 8. lin 11. read or our p. 10. l. 20. r. his advice p. 12. l. 14. r. never had p. 15. l. 32. r. motives p. 28. l. 34. r. we having p. 30. l. ult r. without consent p. 32. l. 26. blot the first and. p. 39. l. 28. r. denied p. 48. l. 29. r. the Law and l. 31. r. can gaine p. 53. l. 9. r. have been p. 58. l. 4. r. I conceive p. 67. l. 14. blot out the last that p. 88. l. 11. r. le Roy savisera p. 98. l. 7. r. he could not p. 116. l. 26. r. sterne p. 118. l. 31. r. of this p. 121. l. 34. blot out and. p. 124. l. 12. r. one p. 127. l. 2. r. left 25. Febr. 1641. 27. Maii 1642. Vide Pref. Cok. 8. Report Preface to Cok. 4. Report Coke 9. fol. 75. Plo. 195. 319. Cokes Preface 4. Report Magna Chart. 9 H. 3. The Charter of the Forrest 9 H. 3. Stat. of Ireland 9 H. 3. Stat. of Merton made 20 H. 3. Stat. of Marlebridge made 52 H. 3. Westminst the 1. made 3 E. 1. Stat. of Bygamy made 4 E. 1. 6 E. 1. Stat. of Mortmaime made 7 E. 1. Articuli super Cart. 28 E. 1. Stat. of Escheators made 29 E. 1. Coke Calvins case b. Stat. 33. H. 8. cap. 21. Coke 8. fo 20. b. 12 H. 7. 20 H. 8. Dyer 59. 60. 34 E. 1. c. 1. Statute of Staple made 27 E. 3. 7 H. 4. cap. 15. 1 H. 5. cap. 1. Stat. 33 H. 8. cap. 21. Coke 8. fo 20. 11 H. 7. 27. 7 H. 7. 14. Dyer 59. 60. Co. 4. Inst p. 25. Stat. 24 H. 8. ca. 12. Coke 5. f. 28. Coke 8. fo 20. Coke 7. fo 36 37. 2 H. 7. 6. Co. 7. 14. Plo. 502. 〈◊〉 f. 59. p. 19. Coke 8. fo 20. 12 H. 7. 20 H. 8. Plo. 79 4 H. 7.