Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	king_n	york_n	7,865	5	9.8357	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51017	Mr. Croftons case soberly considered, plainly stated, and humbly submitted to the consideration of just and prudent men made publique to silence clamor, correct mistake, and acquit him from the charge of high treason vrged by Tho. Tomkins, fellow of All-Souls, Oxon. and others in their frivolous, scurillous and invective pamphlets.	Griffith, Hugh.	1661 (1661)	Wing M2260; ESTC R25739	18,624	30

hath yet met with crying out Mr. Croftons saying that the Parliament ever retained a Jurisdiction over Church and Crown in short is High Treason How much the Universitie of Oxford are engaged to this their Valiant Learned Defendant we leave themselves to Judge how much he hath bettered the cause under contest let sober men Judge with what ingenuity candor and clearness he hath taken up and confuted Mr. Croftons Arguments let any Sophomore yea Fresh-man or ordinary Logician Judge and how fair an Adversary he is that alarumeth the hand of Justice against his Antagonist let Just and Wise men Judge we are not now to Animadvert his animadversions but to Apologize for our oppressed defamed Friend who cannot do it for himself and herein We would give this confident Gentleman hearty thanks to clear his charge of High Treason for we would not plead for it if we knew it or could perceive it But we yet think this is but one Doctors opinion more visible to a Fellow of All-Soules in Oxford then a Barrister or Bencher in the Temple near London This Fellow professeth himself a Reader of Cookes Institutes and that Learned Lawyer telleth us there is no Treason but what is determined by the Statute of the 25th of Edward the 3d and we find not this assertion forbidden therein nor any Opinion determined and Declared by that Statute to be Treason This learned lawyer concludeth that Treason must be Factum not Dictum words may make an Heritique but not a Traytor we must confess Oxford Disputants have Determined Heresie in their Opponents he is the first of that learned University who hath presumed to declare Treason We are sure these words make no immediate and direct assault upon his Majesties Person Crown or Dignity and the Lord Cook abandons all Glosses Inferences Interpretations and consequences to be made by Judge or Counsel in Cases of Treason Judge Jenkins guides the Judgement of Treason by the very Letter of the Law for that in Criminibus a verbo Legis non est recedendum And we cannot conceive how an Observation of past Acts can be Treason in the Logical or Historical Observer Mr. Crofton noteth the Parliament retained in times past He doth note the Fact without any determination of the jus and right of such retention we would advise this Fellow to repair to All Souls and reflect on his own Thoughts and resolve us that the Treason is not more in his own fancie and imagination then in Mr. Crofton his expressions we find he doth throughout his Book mistake the Person which maketh us suspitious he misunderstandeth the position on this man he reflecteth the odium of the violence of the Visitors in Oxford whom Mr. Crofton knew not and it is disputable whether he was then in England The defection and complyances under Queen Richard and other Vsurpers which Mr. Crofton ever denyed resisted and detested when some who then were and now are most zealous complyers urged him with this convincing argument these times affords few Martyrs and the purchase of Church Lands whilest Mr. Crofton would not take when he might a living out of which he knew any man to have been Sequestered He whose heat of Passion doth engage him to misread the Person may well misinterpret his words as indeed we observe he doth understanding King by Crown and Soveraign coercive destructive power by jurisdiction it is no hard matter to make a Traytor if envy may interpret a mans words we hope Mr. Tomkins will not take it unkindly if he be excepted against as to his being Judge or Jury which shall passe upon Mr. Crofton That we may not run into the error we rebuke in any other we shall not presume to give our apprehension of the loyal sence of these words so positively charged to be High Treason but shall make bold to present you with Mr. Croftons own exposition of them declared in a Letter written to some Friends who desired to understand his sence and meaning therein All men will allow him Waterford Law as the best and onely expositor of his own words subject to misconstruction These words the Parliament ever retained in themselves a Jurisdiction over Church and Crown are so far from Treason that they will not be found an error in politiques if that rule be true which cannot be denyed generalia generaliter sunt intelligenda I fear you mistake the sence of every word in this short Sentence and that you conceive Crown doth signifie the King as if these two were not seperable and so known to be in our Laws And Jurisdiction doth signifie coaction as if Coronae jus dicere did necessarily signifie Coronatum cogere per asperte the which is a Sence inconsistent with and contrary unto the Kings immunity from all humane coaction which I have expresly asserted in this very Treatise You here understand Parliament to signifie the Lords and Commons abstracted from the King which sence this place and case doth not necessitate though I do sometimes so use that tearm For Parliament here is opposed to Pope and is noted to be the Subject of full and compleat Legislation which I never do attribute unto but do alwayes deny the two houses unto the extendiag the prerogative of the Crown by the statute 1. Elizabeth or restraint thereof by the Statute 17. Carol. in both which the King was a part of the Parliament Learned men should expound the Text by the context and in Reading a Treatise make one part expound another and know no Author is to be judged by the sound much less by the seeming consequence of a single sentence And now Mr. Tomkins where is Mr. Croftons High Treason And yet we will not fear to let you know that admitting your sence of the term Parliament abstracted from the King there is nothing clearer in the political Constitution and Administration of our Kingdom then their retained jurisdiction over the Crown We do not nor did Mr. Crofton say over the King the Subject of the Crown we will not run you for proof hereof into the Histories of Forreign Countries or our own Saxon times in which we finde this Jurisdiction larger then Mr. Crofton doth assert it but nearer home and hand be pleased to consider 1. King John yielded by consent of the Barrons saith the Record the Crown of England unto the Pope of Rome to hold it from and under him who often demanded the Surrender of it but was answered the Parliament must give it In Anno. 40. of King Edward the third upon the Popes demand of the Crown of this Realm the King appealed to his Parliament who judicially determined it was not in the power of King John nor any other King of England to dispose the Crown but in the sole power of Parliament 2. The claim to the Crown made by Richard Duke of York against King Henry the sixth having reigned twenty eight Years was by both parties submitted by appeal unto the Judgement of Parliament who

determined for the Duke yet continued the Crown to the King during his life on condition of good behaviour towards the Duke and in either case the Duke or his heir to possess it 3. The several Successors in the strife between York and Lancaster submitted the success of their Sword to the censure of Parliament as their onely security to the Crown the Acts of one Parliament binding until discharged by another hence it is that the Statutes of that Age recorded in Speeds Chronicle do teach us this Doctrine the Court of Parliament is of such Authority and the people of this Land of such nature and disposition as experience teacheth that the Declaration or Manifestation of any Truth or Right by the three Estates Lords Spiritual and Temporal and Commons saith the Statute assembled in Parliament and by authority thereof maketh before all things most Faith and certain quieting to mens winds and removing all doubts 4. The Parliament did Bastardize and Legitimate the Children of King Henry the eighth and they by their Authority enabled him to dispose the Crown to or from his Children with and under what conditions he pleased adjudging any his Children assuming the Crown otherwise then by this Authority to loose their Right and be judged Traytors to the Realm whence it came to pass that Edward the sixth Queen Mary and Elizabeth did hold and enjoy the Crown by Authority of Parliament and the Title of the last being questioned produced the Statute 13. Elizabeth which made it Treason during the Queens life and loss of goods after her Death for any man to deny the Authority of Parliament to direct dispose limit or restrain the Crown 5. Statutes of Recognition have ever been reputed the onely riveting security to the Crown and certainly these signifie more then a State Complement and although they pass in the same Royal Formality with other Laws which concern the Subject yet it must be confessed they receive strength by an Authority in this respect abstracted from the King as do the Statutes providing monies the only support of the Crown 6. If we should ask Mr. Tomkins who in the defect of Heirs hath Jurisdiction over the Crown would he not dare for fear of Treason to say the Parliament Bishop Bilson saith it in express tearms and that not onely for our own Kingdom but all others also 7. Before Mr. Crofton be condemned as a Traytor for saying the Parliament ever retained in themselves a jurisdiction over the Crown we hope the conclusion of our late Martyred Sovereign King Charles the first who well knew the constitution of this Kingdom and the extent of Royal Prerogative will be denyed for he affirmed the Power legally placed in both Houses is more then sufficient to prevent and restrain Tyranny which must needs import a large Jurisdiction over the Crown 8. When we consider the Courts of Judicature in Westminster Hall do conclude judicially against his Majesty in many Suits brought by him in Right of the Crown against the Subject and by the Subject against him We cannot imagine it Treason to say the happy constitution of Englands Government is such that the Courts of Justice have a Jurisdiction over the Crown much less to say the High Court of Parliament hath it If an Observation of Fact without any assertion of Right If the Sound of a Sentence capable of a most Loyal Sence If a Position proved by constant Practise be Treason we must leave Mr. Tomkins on the Bench and Mr. Crofton at the Bar to receive his doom but cannot deny our assent unto the Observation of the Statute 1. Mariae discharging the Laws which made words Treason Those Laws are grievous which are so made that not only the Rude Ignorant and Vnlearned but also the learned and expert people minding honesty are often and many times trapped for words only without other fact or deed We have with the most exact diligence we are capable of Enquired and observed the reports of men that we might be satisfied what is the great matter which causeth this man to be kept in so severe a durance and some tell us he was ever Turbulent and not quiet under any power unto which we answer We presume his Turbulency under our late Usurpers being the Act of his Loyalty to his King restlessely endeavouring his happy Restauration is not now supposed his crime or any agravation thereof The men who do now condemn him did account it is duty and honour when others were sinfully quiet and we see not any difference between this in him and Jehoiadas endeavours against A●haliah and for King Joash save the one enjoyed the Comfort Peace and Liberty of the effect whereof the other was and is deprived His Turbulency hath ever had Sin for its Object Ministerial rebuke preaching or writing for its only Act and Expression Which of the Prophets or Apostles were not What Faithful Minister of the Gospel is not can or dare be otherwise then thus Turbulant This is not only Lawful within his place and calling But the Indespensable duty thereof Elijahs must thus trouble Israel and Amos Alarm the Kings Court cost what it will or can If he have ever appeared in advised or abetted any Seditious Tumult Rebellions Insurrection or Trayterous Conspiracy we leave him to himself But Tertullus himself is not able herein to charge him and other Acts of Turbulency will subject them to trouble from the Lord who do therefore trouble him as a thing most righteous Some clamour against our Friend as Seditious and Treasonable because against Episcopacy and relying on that maxim no Bishop no King Conclude he cannot be a Friend to the King who is an enemy to the Bishops to which we answer Such as know him and have read his Writings will find if is clamour is not true for he professeth for Episcopal Degree which is much as our sober Reformers ever challenged or our Learned Vsher approved He is indeed against Papal Hierarchie and that Episcopacy which was the step and seemeth the support of the man of sin but suppose the utmost his Opposition is purely Argumentative and is but ill resisted with Rage and Violence No Bishop no King may be a maxim of State but we have not known it to be a Principle in our Law we have not heard of any Statute which hath so conjoyned the Mitre to the Crown as that a dis-respect to that must needs be reputed and punished as a Treason against this We hope we shall not offend if we say that is a sad Government which pretendeth to Divine Right and yet hath no uphold or guard but Violence and Oppression of Reason urged against it and cannot silence a Disputing Antagonist otherwise then by a close Prison We have heard a third cry Mr. Crofton Preached against the Bishops and provoked the opposition of them by fire and blood to this we answer We heard the last Sermons this math did Preach and can give the true