Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	war_n	17,303	5	6.8100	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31803	His Maiesties answer to the declaration of both Hovses of Parliament concerning the Commission of Array of the 1 of July 1642.	Charles I, King of England, 1600-1649.	1642 (1642)	Wing C2115; ESTC R26443	44,134	101

calls finding Armes and in some places finding men at Armes and is therefore against that Statute For this objection Wee need do no more then referre Our selves to Our former observation of the different sense of the severall words of Arming a mans selfe and finding Armes for some other which are the onely words used in the commands of this Commission the words finding of a man of Armes or other compleat Souldier used in this Statute and intended to be thereby prohibited whereby it will be apparent that arming a mans selfe or finding bare armes for others is not within the letter of this Statute Neverthelesse for a more particular Answer 1. as to the first of these powers in Our Commission concerning Arming a mans selfe Wee say That this Act being against finding of men at Armes or other souldiers doth not any wayes intend to prohibit the compelling of men to arme themselves that is their owne persons For that had beene not onely against the Common Law whereof that Act is but declarative but also against those Statutes of 13. E. 1. admitting it provided as the Declaration supposeth for defence extraordinary and against 1. E. 3. by both which Statutes it doth clearly appeare that the Subject is in some manner compellable to arme himselfe And the Act of 25. E. 3. is in generall against all finding of men armed at any time So that in that sense whatsoever the occasion is though it be upon an actuall invasion of an enemie he cannot be compelled to find armes And that exposition of the Statute would wholly take away all compulsory means of defence Nor will it be sufficient to answer this That the arming according to those Statutes is assented unto in Parliament and so is within the exception of the Statute of 25. E. 3. For the consent in Parliament intended by this exception must be understood of future consent in Parliament as well as the constraining men to finde Souldiers prohibited by the Act is meant of a future finding Souldiers And in the exception of the Statute of 25. E. 3. There is not onely to be a consent but also a grant in Parliament for so the words are if it be not by common consent and grant in Parliament but in those Acts of 13. E. 1. 1. E. 3. there is no colour of a grant made at all And this Statute being declaratory of the Common Law as appeares by the reason of the Act delivered in the Petition of the Commons in these words Car cet est encountre le droit del Realme For it is against the right of the Realme which is as much as against the fundamentall liberty of the Subject this Statute of 25. E. 3. must bee construed as of the Common Law and before any Statute And secondly as for the other part of Our Commission which is concerning the charging those who are impotent in body but able in estate to finde Armes for others If such finding of bare Armes had beene within the letter of that Statute or the finding of a compleat Souldier by such a man had beene within Our Commission yet it would have beene a harsh construction and doubtlesse contrary to the intention of the makers by generall words which were meant onely for provision in the generall Case thus to have spared him in this speciall and particular Case of impotency from contributing to the defence of the Kingdome dome by finding another as in his place whilest he is as much or more concerned then others who must undergoe as much charge and must also adventure their owne persons And by the Common Law whereof as Wee have said this Statute is but declarative those who were not fit to beare Armes were notwithstanding chargeable otherwise towards home-defence as appeares by the Presidents already cited and many more And now Wee shall give the true sence of this Statute of 25. E. 3. And this will best appeare upon the end and occasion of the making which were these King E. 3. having had his Treasure exhausted by the French Warres was upon that occasion inforced to many hard pressures upon his Subjects So that they had severall times bin charged with providing and setting forth of Souldiers and sometimes with maintaining or paying of them and this in so excessive a manner as that it cost a County sometimes at once a thousand pound And all this was done with relation onely to a forraigne War wherein the Title of the King to France was onely in question and nothing which directly concerned the Kingdom of England against these there was just cause to make provision by some Law especially now when the Wars were renewing And accordingly this Statute was made against imposing such charges upon the Subjects And what resemblance there is betweene those cases and Our case of charging the Subjects onely to finde Armes for themselves or in case of impotency for another as in their stead and all but for home defence Wee refer to every mans Iudgement And thus Wee leave these three Statutes of 13. E. 1. 1. E. 3. and 25. E. 3. with this observation that if it be true which the Declaration takes for granted that they are all to the same effect that then Our Answer to any of these three is an Answer to the rest Wee are now come to 4. H. 4. being the last of these Statutes which in the matter of Arming are objected against Our Commission as it stood at Common Law before 5. H. 4. And herein Wee agree that the Parliament Roll whereupon the Statute is framed is truly set forth in the Declaration yet Wee conceive that in Substance there is no more upon the Roll then in the Print though some passages may give some light for the exposition of these other Statutes of 1. E. 3. and 25. E. 3. therein confirmed So as this Statute of 4. H. 4. being in truth but an Act of bare confirmation without any additionall explanation is already answered But because the Declaration doth import That the Commissions which issued lately before 4. H. 4. and were the occasion of that Statute and are damned thereby as contrary to the Acts of 1. E 3. 18. E. 3. and 25. E. 3. were of the nature of Our Commission which yet is not indeavoured to be proved Wee shall also give a particular answer touching those Commissions And herein We say that first it doth not appeare nor is there any reason to presume that any of those Commissions were of the Tenor of Ours And in case those Commissions did amongst other Powers containe also the Powers of Our Commission touching the imposing Armes upon the Subject it doth not appeare that those Commissions were particularly in those very powers held unlawfull Both which must but neither will be proved otherwise there can be no application But the truth is apparently to be inferred out of the Roll That upon those Commissions the Subjects were inforced to go or to finde others to