Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	english_a	king_n	scot_n	6,292	5	9.4575	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A95506	The resolver continued, or Satisfaction to some scruples about putting the late King to death. In a letter from a minister of the Gospel, to a Friend in London; together, with a word to the Parliament, the High Court of Justice, Malignants, discontented Friends, and the People of the Nation.	N. T.	1649 (1649)	Wing T39; Thomason E546_17; ESTC R206112	19,538	24

Ecclesiaticall and Politicall and this to be endeavoured after by all joyntly and severally in so vigorous and resolved a manner as that whatsoever formes or persons in the one or other should be found prejudiciall thereunto or inconsistent herewith should be laid aside And also that all such as were or should appeare to be enemies unto this should be brought unto condigne punishment This I say I am perswaded was the end of the Covenant And while this is pursued the Covenant liveth It is true indeed the preservation of the King when the Covenant was made did seem to conduce in part unto this great end But since it appeareth altogether inconsistent therewith The Justice executed upon him in my eye is no more a breach of Covenant then the throwing of a Logge out of the way is a deviation from that Journey the Arrivall unto the end of which the logge did hinder Thus may the Captaine of the Scruplous party be taken and conquered And now incold thoughts tell me hath this Captain any more then the bare Covenant Is not the scruple built upon it as the House upon the sands or is it any better then a specious Sophisme that as an Argument hath only a name that it lives but is dead Doth not the Covenant in the full spirit and vigour of it live though the King be dead But I forbear as remembring that the scruple taken from the Covenant is not so much your own as others therefore I proceed The next Pile of Sand upon which a scruple is built is this what power say you had that high Court of Justice to try the King Let it be supposed the King was a Criminall Offender guilty of death And let it be supposed say you the Covenant had not a binding power upon us to hinder proceedings against him yet Quo Jurê Qua Potestaté did that Court so adjudge him to put a Malefactor to death without Law is as well unjust as to punish an Innocent person under pretence of Law As unto this you know my Profession is not Law therefore as unto that querck I shall be but briefe referring you unto the Speeches both of the President and the Solicitor of that Court for ampler satisfaction therefore onely thus First If Charles Stuart held his Crown by Conquest of Armes as by his Plea of succession from the Conqueror he did pretend and as some of his friends though the peoples foes have urged Then without doubt by the same Right in which upon this plea he urged he ruled by the same he suffered Himself was conquered and a Prisoner of Warre It s true that he surrendred himself a faire way of giving up unto mercy when he could hold out no longer and that unto the Scots Army but under English pay and so a Prisoner unto Englands Sword An Army of Switzers serving the King of France for his money may as well pretend that such Prisoners or Towns as they take are properly their own as the Scots under English pay may pretend that the King was theirs So that still I say he was a Prisoner unto Englands State and the case is no whit altered but the same Therefore if he held by Conquest then as he held so he was or might be tryed But Secondly It was and is the power of a Parliament to erect such a Court as in this case they did A lawfull Court by a lawfull power authorized and by law proceeding may try any Prince in the world Therefore the power by which and the way in which the King was tryed being so just why should any presume to question it Object Objection But say you how could that House be called a Parliament when the Lords joyned not with the Commons and when most of the Commons were kept out Answ I Answer I thank Mr. Prione for that light which in particular I have gaired from his Soveraign power of Parliaments whereby I understand well enough that the Commons may act without the Lords also that the House of Commons though under fifty may act without the rest supposing them to be absent Obiect And whereas you me pleased to say they were under restraint and kept out who otherwise would have been in Answer To that I reply onely as in my last that that restraint was lawfull The late Parliament in Scotland who gave Authority to Hambleton to invade England was not in part but in whole forc'd from Edenburgh and the present Parliament that now sitteth there sitteth by the power of the Sword And yet I am confident you are so good a friend to the Scotchman as that you will not think the driving away of the former or the setling of this Parliament there to be unlawfull I told you and I still tell you necessity is the Law Royall It dispenceth with all Lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Rabb●●s have a saying the mercifull God doth not hold the necesstated guilty there was a necessity for what the Army did as to the taking out of those rotten Members and that necessity was their Law Obiect Obiection But they which sit are not free Answ Answer Why should any presume to say so when they do not they are of yeres sufficient as Christ said in another case Let them speak for themselves Nay they have and they do speak once and again they are free Did they not before and doe they not now sit free And unto this day since more are come in Doe they either disclaim the Authority of the High Court of Justice or so much as hint that they were under a force Altum Silentium here is not a word of this and therefore I passe from it let this suffice to satisfie that peece of the scruple that questioneth the power whereby that honourable peece of Justice was acted As to the next of President it is so poore a scruple that a Puffe bloweth it away Presidents are good inc●…rragements but bad Rules It is lawfull to act in businesses of this nature as in others without a President We have been beholding to former Ages for Presidents in so … things neither have they left us without foot steps in this And why may it not be our glory to give a brighter and clearer President unto future Ages in this as it hath been theirs to give us in others But First of all though Presidents are not recorded shall we therefore conclude the thing was not many things have been which we know not off A non dici ad non esse is a kind of Argument husht at by boyes It is too weake in any thing to say such a thing was not spoken therefore it was acted Secondly Histories both of Forraigne and of our own Nation abound much with Presidents of this nature The Jewes who had at first the best Common wealth and afterwards the best Kingdome that ever was are presidentall unto us in this businesse in trying those who either were Superiours as the Judges in the time