Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	henry_n	lord_n	22,837	5	4.9597	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28358	An argvment of ivstification of the five members accused by His Majesty vvherin is proved that the raising of this present army by authority of Parliament, is not treason : by which it likewise appeareth, that never any king of England received losse or damage by any Parliament, from the first that ever was called to this present Parliament / by Peter Bland of Grays-Inne, Gent.	Bland, Peter, of Gray's Inne.	1643 (1643)	Wing B3161; ESTC R16874	8,204	18

AN ARGVMENT IN IVSTIFICATION OF The five Members ACCUSED By HIS MAIESTY VVherein is proved that the raising of this present Army by Authority of Parliament is not Treason By which it likewise appeareth that never any King of England received losse or damage by any Parliament from the first that ever was called to this present Parliament By PETER BLAND of Grays-Inne Gent. London Printed for JOHN FIELD A Dialogue between a Doctor of Divinity and a Student at Law Concerning the KING and PARLIAMENT DOctor Sir being acquainted with your wayes of imployment and knowing you to be a Lawyer I shall desire some satisfaction from you concerning a Parliament it being no way belonging to my own study whereby I may resolve my self and first I desire you to tell me who may be Burgesses or Knights in Parliament Student I wish all Divines were of your temper not to meddle with that which belongs not to them and to answer your question the son and heir of an Earl may be and so was the Lord Russell Eliz. 6. or the sonne and heir apparent of a Baron and so was Mr. Henry Brook for the eldest son of an Earl is not a Lord only by the courtesie of England he is called so but in any Declaration or writing he hath no more then his legall addition given Doct But may not a Divine be chosen for a Burgesse for he hath no voice in the upper House unlesse he be a Bishop Stud. No Sir he may not and therefore Alexander Nowell was refused being a Prebend of Westminster whereupon a Writ issued to choose another in his roome for Leo in Cornwall Doct. But I have heard that the Country hath a free chise and if they choose a Divine and he is returned may the House put him out and have they power to send out Writs Stud. In 23 Eliz. it was ordered that during the Session no Writs should issue to choose Knights or Burgesses but by Warrant of the House to the Clerk of the Crown and 18 Martii 23 Eliz. it was agreed by the House that if a Burgesse be incurably sick another may be chosen in his place by licence of the House but not if he be easily sick or sent of his Majesties service unlesse the House will allow of a new Election Doct. What then Sir if one man be chosen for two places which must he serve for Stud. He must serve for that place which first chose him Sir Henry Piercy was chosen Knight for two Counties and thereupon it was adjudged by the House that he should serve for that County which first chose him 13. Eliz. and in 7. E. 6. one Cavell was returned for Ludders-hall and for Travayny and he appeared for the first and a Writ issued to choose another for Travayny Doct. Well Sir you have satisfied me for the Election of Burgesses and who may be now tell me what they do usually require at the Kings hands when they are all met and a Speaker made Stud. The first thing that they require at the Kings hands is that which was required by the Commons in the thirteenth yeer of Henry 8. to wit that if any man of the Commons House should speak more largely then of duty he ought to do all such offences to be pardoned and that to be of record Doct. If that be granted then they may speak of the King what they please and he must be pardoned Stud. No Sir the reverence which a vassall oweth his Soveraigne is intended in that motion for to be proved in every speech what ever it be it must import the good of the King and his State and so long it may be easily pardoned otherwise not for in Queen Elisabeths time who gave freedom of speech to all Parliaments when Wentworth made those motions that were but supposed dangerous to the Queens estate he was imprisoned in the Tower and there dyed Doct. I thought every Burgesse or Knight of the Parliament house had a priviledge that they could not be imprisoned Stud. No more they cannot at the suit of any common person where the offence does not touch the King directly as by a Trespasse against another or the like but a man shall not have the priviledge of the House for a criminall offence that immediatly toucheth the King Doct. If he shall not have the priviledge of the House for such an offence as immediately toucheth the King who then must commit him the King or the House of Parliament whereof he is a Member Stud. As to that question I shall not give you my own opinion but I shall shew you what Presidents have been done if the Books be true that I go by Sir Edward Warner Lieutenant of the Tower was sent out of his house to the Tower for an offence done before the Parliament was summoned And Sir William Cecill then Secretary said that the Queen was then assured by her Justices that she might commit any of the House during the Parliament for any offence against her Crown and Dignity and that they shewed divers Presidents thereof and Pearne was committed to the Marshalsy for words without any notice given to the House and Master Cope Master Leukenor Hurlston and Master Braynbridge and others were committed to the Tower by the Queen for that before the Parliament they had sundry conventions for the preferring in Parliament a Book touching the Rates of the Church and a form of an Act for establishing the same Which also they did print prefer and urge in Parliament but it seemed that if they had treated thereof onely in time of Parliament being Burgesses they should not have been impeached in 28 Eliz. Doct. What then do you think of the Kings accusing of the five Members Stud. Sir you must know that the accusation layd by His Majesty against them is not within the compasse of any of those Presidents and we need not stand to give any reasons to prove how it differs from them presidents because the King Himself hath acknowledged it and what dishonor can His so doing be to so Religious a Prince when as he himself is subject to error being considered as man nay in that point He hath excelled the goodnesse of His Royall Ancestors which act I hope shall be perpetually Recorded in the hearts of all His Subjects for a testimony of His Grace and goodnesse and for a pattern to all succeeding Princes Doct. But why did not they then except of a Pardon Stud. Then the Kings mercy had been apparent of which we have other great evidences but His willingnesse to acknowledge His errors which is as great a vertue in Prince had been concealed and so he had been in that respect lesse glorious besides had they received a Pardon being not guilty they had ipso facto lost their personall estate by the Statute unlesse some words of Art had been put into the pardon which is not too late yet to be done Doct. Then it seems that in former times the

overseers Kings are bound by their Piety and by no other obligations In Queen Maries time when it was thought that she was with Childe It was propounded that the Rule of the Realm should be given to King Philip during the Minority of the hoped Prince or Princesse and the King offered his assurance in great summes of Money to relinquish the Government at such time as the Prince or Princesse should be of age At which motion when all were silent in the House the Lord Dacres who was none of the wisest asked who should sue the Kings Bonds which ended the despute for what Bond is between a King and Vassall more than the Bond of the KINGS Faith Doct. What say you then to the twenty eighth yeare of that King in which when the King demanded Reliefe the States would not consent except the former Order had beene taken for the appointing of foure Overseers for the Treasure As also that the Lord Chiefe Justice and the Lord Chancellor should be chosen by the States with some Barons of the Exchequer and other Officers Stud. Why Sir Admit the King had yeelded to their demands then whatsoever had been ordained by those Magistrates to the dislike of the Commonwealth the people had beene without remedy whereas while the King made them they had their appeale and other remedies It is an excellent thing for a King to have patience and give way to the fury of mens passions Doct. Was not the King denied a Subsidie in the forty first of his Reign Stud. No Sir for although the King required Money as before for the impossible conquest of Scicily yet the House offered to give fifty two thousand Marks which whether he refused or accepted is uncertaine And whilest the King dreamed of Scicily the Welsh Invaded and spoyled the Borders of England for in the Parliament of London when the King urged the House for the prosecuting the Conquest of Scicily the Lords utterly disliking the attempt urged the prosecuting of the Welsh-men Which PARLIAMENT being Proroged did againe Assemble at OXFORD and was called the mad PARLIAMENT which was no other than the Assembly of Rebels for the Royall Assent of the KING which gives life to all Laws formed by the three Estates was not a Royall assent when both the King and Prince were constraind to yeeld to the Lords A constraind consent is the consent of a Captive not of a King and therefore there was nothing done there either legall or Royall for if it be not properly a Parliament where the Subject is not free certainly it can be none where the King is bound for all Kingly Rule was taken from the King and twelve Peers appointed to Governe the Realm and as other Writers have it 24 Peers and therefore the assembly made by Jack Straw and other Rebels may aswell be called a Parliament as that at Oxford Principis nomen habere non est esse Princeps for thereby was the King driven not onely to compound all quarrels with the French but he quitted his Right to Normandy Anyou and Mayne Doct. But what needed this extremity seeing the Lords required but the confirmation of the former Charter which was not prejudiciall to the King to grant Stud. Yes Sir but they insulted upon the King and would not suffer him to enter into his own Castles they put down the Purvey or of the meat for the maintenance of his house as if the King had been a Banckrupt and gave order That without ready money he should take up a Chicken and though there is nothing against the Royalty of a King in these Charters yet it is so contrary to the nature of a King to be forced even to those things which may be to his avantage as that the King had some reason to seek the dispensation of his oath from the Pope and to draw in strangers for his own defence yea jure salvo coronae nostrae is intended inclusively in all oaths and promises exacted from a Soveraign Doct. But you know t is dangerous to call in other Nations both for the spoyle they make as also because they have often held the possessions of the best places with which they have been trusted Stud. T is true Sir nothing is so dangerous for a King as to be constraind and held as prisoner to his Vassalls for by that Edward the Second and Richard the Second lost both their Kingdoms and their lives Doct. Why those were both Deposed by Parliament were they not Stud. Yes Sir being prisoners and being out of Possession It is an old contrary Proverb that might overcomes right a weak title that wears a strong sword commonly prevails against a strong title that wears but a weak one otherwise Philip the second had never been Duke of Millaine nor King of Naples and Sicily but sir errores non sunt trahendi in exemplam when I defend Parliaments I speak of peaceable Regall and lawfull Parliaments Doct. What say you then to the Parliament held at London about the sixt year of Edward the Seconds time Stud. I say that King was not bound to performe the Acts of that Parliament because the Lords beeing too strong for the King enforced his consent for these be the words of our own History viz. They wrested too much beyond the bounds of reason and at the Parliament in the 13 year of that King the Lords that were so moved came with an Army and by strong hand surprized the King they constraind saith the Story the rest of the Lords and compelled many of the Bishops to consent unto them yea it saith farther That the King durst not but grant to all that they required Doct. What say you to the Lords in Richard the Seconds time when he was first besieged in the Tower the Lords came to the Parliament and no man durst contradict them Stud. Certainly in raising an Army they committed Treason and though it did appear that they all loved the King for they did him no harm having him in their power yet our Law doth conster all levying of War without the Kings Commission and all Force raised to be intended for the death of the King not attending the sequell so saith Sir Walter Raleigh but Mr. Doctor for this war that our present Parliament do maintain I must tell you that you must take this for a generall rule That the immortall Policy of a State cannot admit any Law or Priviledge whatsoever but in some particular or other the same must necessarily be broken therefore I hold not Sir Walters opinion for good Law in the case of our times for the supreme reason beares out their practise of many things without the advise of the Law and where the Law by forecast hath not provided remedies for future dangers Parliaments are forced to assist themselves by their Priviledges And besides who can shew a greater Right or Title to the exposition of that Statute and determining what is a levying of War within that Statute and what not then those that can expound with the same authority that the thing expounded was made by however I am sure That as those Parliaments wherein the Kings of this Land have satisfied the people have beene ever prosperous both to King and people so where Kings have restrained the House the contrary hath hapned Doct. Well Sir but is it not the best way to compound a Parliament of the Kings servants and others that shall in all obey the Kings desires Stud. Certainly no for it hath never succeeded well on the Kings part nor on the Subjects for from such a composition do arise all jealousies and all contentions it was practised in elder times to the great trouble of the Kingdome and to the losse and ruine of many In later times 't was used by King Hen. the eight but every way to his disadvantage when the King leaves himself to his people they assure themselves that they are trusted and beloved of their King and there was never any people so barbarous as not to answer the love and trust of their King Doct. Well Sir notwithstanding all this who dares to advise a King to call a Parliament for if it should succeed ill those that advised the King to it should fall into the Kings disgrace and if the King be driven into any extremity they can say to the King that because we found it extreamly unpleasing to his Majesty to hear of a Parliament we thought it no good manners to make such a motion Stud. As to the first part of your excuse let me tell you that there was never any just Prince that hath taken any advantage of the successe of Counsells which have bin founded upon reason to fear that were to fear the losse of the Bell more then the losse of the Steeple and were also the way to beate all men from the study of the Kings service But for the second part of your excuse where you excuse your self upon the Kings protesting against a Parliament let me tell you that the King upon better consideration may encounter that finesse of yours therefore 't will be better for a King to trust his own reason and excellent judgement which have not deceived him in any thing wherein His Majesty hath imployed them take counsell of thine heart saith Salomon for their is none more faithfull unto thee then it FINIS