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
A35998	The vnlavvfulnesse of subjects taking up armes against their soveraigne in what case soever together with an answer to all objections scattered in their severall bookes : and a proofe that, notwithstanding such resistance as they plead for, were not damnable, yet the present warre made upon the king is so, because those cases in which onely some men have dared to excuse it, are evidently not now, His Majesty fighting onely to preserve himselfe and the rights of the subjects.	Diggs, Dudley, 1613-1643.	1643 (1643)	Wing D1462; ESTC R10317	134,092	174

the observations pag. 17. and again pag. 18. in answer to the 24. Hen. 8. cap. 12. The King is supreme head unto whom a body politique compact of all sorts and degrees of people are bounden and owe next to God a naturall humble obedience wee must not understand this that the body politique doth owe obedience but that the severall sorts and degrees of people of which this body is compacted and made that they doe owe obedience for to take it otherwise were to make an absurd and impossible construction c. If every particular man performe his duty of alleagiance as he stands obliged by oath let him oppose his met a phisicall body to the King even as he pleases If the body politique have not sworne allegiance or supremacy because it is a body only in consideration of law that hath neither life or motion like other invidualls p. 17. and for the same reason doth not owe homage and obedience p. 18. How is it capable of rebelling against the Head for it cannot fight but by the hands of particular men and all these are tyed up by divine law and their owne oathes 3. They acknowledge themselves his subjects as united in Parliament and if they should deny it they could not challenge any benefit from his royall protection 4. The lawes intrust him not the Houses to protect us 5. The Houses represent only subjects opposed to the King who is their superiour by humane and consequently divine law both as their naturall King and as Gods anoynted his representative 6. There is a great difference between the reall and representative all for though it were true as it is not that he were lesse then the whole people yet this would not bring the conclusion home to the Houses Who are the people only to such purposes as the law nominates viz. for consenting to Lawes or Taxes upon the Subject To all other purposes wherein Regall power is not expresly limited the King is the whole people and what he doth is legally their Act. Aristotle tells us of some Kings that had as full right over their whole realme as a popular state can have over it selfe and all things belonging thereto 3. pol. 14. To such an one that of the Tragaedian is truely and properly applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 You are the whole City the whole Common-wealth and therefore not responsable for any actions This shewes the falsehood of their principles Quicquid efficit tale est magis tale and constituens est major constituto c. for though they meane to make advantage of them only in this Kingdome yet they conclude against the possibility of making any King absolute which reason and experience have clearely confused For a people if conquered their lives and all they have being then in the hand of the victor or if in feare to be swallowed up by a more potent enemy they may and often have very prudently consented to place all the legall power of the Kingdome in one man that he may thereby be enabled to protect them and where the legislative power is unrestrained there the rule is absolute To apply this doctrine In those things wherein the King of England is not absolute as in the exercise of his legislative power and raising money without consent The Houses together with him represent the people but in such matters wherein he is absolute that is wherein he is not restrained by lawes which are but limitations of Regall power there he is Populus Anglicanus legally the English Nation For example sake I will instance in the power of making Warre and Peace if any take up Armes by vertue of any other then his Commission they oppose not the King alone but the King and People as People is to be understood in law for their hands are tyed up and all their legall strength is in the Kings disposall Let us examine their Argument The whole people are above their King therefore the Houses because they represent them The Antecedent I have shewed false because the whole people are but such a number of Subjects who can have no colour of pretence to be above him whom God and the law hath placed over them The consequence is as infirme and the reason of it fallacious for if representatives might challenge all rights appertaining to the persons by them represented then a Jury shall be concluded as honourable as the House of Commons and then too because the Emperour of Germany may challenge of the King of France or England not superiority for they are as supreame and independent Princes as he is but praecedence an honour due to the antiquity of the Empire for nations as well as persons injoy the benefit of primo geniture his ambassadours also might sit above those Kings which the Court of honour guided by the law of nations and reason would pronounce very absurd Againe they represent the people only to some purposes to make warre is none of them The King alone can declare the peoples mind in this case they have no legall way of expressing themselves but in his Commissions and therefore the warre is not betweene King and People but so many particular persons exceeding the trust committed to them against the duty of allegiance oppose both King and People It is very remarkeable that in the begining of these unhappy contrivances some multitudes appearing in tumultuous wayes what ever they desired or did was called the Act of the People providing for their own safety But after the sense of miseries had bettered their understandings to make them discerne this unnaturall warre was not like to improve the meanes of preservation many of them make a Covenant to live peaceably and honestly amongst themselves so in Yorkeshire long since and lately between Cornwall and Devonshire and now the Houses interpose and will not permit the people who were stirred up and encouraged to raise a warre against law to make a peace according to law let them trouble the waters as much as they please they shall be borne out in it but they must not thinke of setling them till they have done fishing This would be a breach of Priviledge The People are now forced to defend themselves and their goods violently taken from them for their security who might soone be happy againe if their friends would be lesse carefull of their safety It is well knowne who began to appeale to the People withall my heart if law must be suspended let them arbitrate the differences The certaine way to know their judgement and whom they apprehend to be a reall defender of what both pretend our lawes and propertie and liberty and the established religion is to cease plundering of both sides and leave them to their naturall inclination That side which confesses it cannot subsist without using violence and oppression and forcing their estates from them acknowledges that the people whom they pretend to fight for is clearly against them and they

the crosse of our Saviour by taking up carnall weapons I wish from my soule all such as pretend to the Reformed Protestant Religion had beene unblamable in this respect and that they had rather chosen to manifest their christian then their martiall spirit Wherever armes have beene lifted up against their lawfull Magistrates though they were unjustly afflicted for the testimony of a good conscience I cannot excuse them from resisting the ordinance of God who would have beene glorified in their martyrdome I am sorry to meet with objections drawne from the unwarrantable practise of some which doe not conclude you innocent but that others were likewise faulty I am certaine the primitive Christians were better catechised and wee read the same doctrine of true patience in their lives as in their schooles which taught them to take up Christs crosse and to follow him in that yoak in which he drew They fought not against their Arrian Emperours in defence of the Nicene Creed no rebellion was undertaken by them under colour of preventing their consciences from being forced which is indeed an impossible thing we may be robbed of our goods we cannot be plundered of our religion Did not Christianity thrive upon persecutions Sanguis martyrum semen ecclesiae The bloud of the Saints made their surviving brethren fruitfull in good workes Their patience wearied the cruelty of their adversaries and gained innumerable converts who began to suspect christianity was true when they saw it so powerfull as to make the professors live with so much innocence and dye with so great meekenesse and to neglect all earthly interests in expectation of Heaven Exc. Though private men should not yet Inferior Magistrates may force him who hath the Supreame power to rule according to justice and the established Lawes Answ The same reason which disables private men from righting themselves concludes likewise against inferior Magistrates that is want of Jurisdiction For if opposed to him whose authority only can alter the nature of revenge and make it justice for inferior in superiorem non habet imperium they are but private persons It is an unreasonable impossible thing that men should be obliged to obey two Masters commanding contrary duties because this would impose upon them a necessity of sinning which must be layd upon him who was the author of that necessity And therefore God hath appointed a convenient subordination in all authorities Vt sol delet minora sydera as the lesser lights are extinguisht by the greatest Luminary the fountaine of all light so minor jurisdictions must give place to him who is the fountaine of justice If God command one thing the King another wee must be obedient to divine ordinance because wee cannot be subject to mans command for conscience sake against him who hath the sole authority to oblige conscience So if the King command one thing and his Ministers inferior Magistrates another wee must submit to regall power either by obeying or suffering because they can challenge our obedience onely by virtue of his authority and this cannot be set up in an hostile way against his person Whether it be reasonable to obey the Kings Officers who can doe nothing but in his name against the King judge yee Souldiers are bound to execute the commands of their Captaine yet not if they are contradicted by their Colonell and he must not be obeyed against an expresse order from the Generall In thus doing St Augustine and reason also assure us wee despise not the power but choose to submit to the higher lesser Magistrates have no just grounds of complaint if we preferre the supreme for in reference to the highest their magistracy ceases and they become our fellow Subjects Let every soule be subject to the higher powers saith Saint Paul We must obey the King and His Officers also as they represent the King for quod per officiarios facit per se facere videtur and they must be obedient as well as wee as they represent Subjects Thus Nehemiah receiving commission from Artaxerxes armed his countrey-men against those who governed under the King Saint Peter very appositely differences this duty in respect of King and Magistrates Submit your selves unto the King as Supreme but unto Governours as unto them that are sent by him and derive their power from him and are His Ministers to execute His commands 1 Pet. 2. 13 14. Exc. It is objected but very impertinently if a King command against established Lawes and inferior Magistrates according to the Law they ought to be obeyed Answ This comes not home to the case I grant obedience to the Kings command against law is unwarrantable but this doth not conclude the lawfulnesse of hostile resistance Wee doe our duty in submitting to His legall will though against his Letters or words of mouth for he hath obliged us so to doe and by his owne grant hath restrained his right to recall and abrogate Lawes except by advice and consent of both Houses in Parliament If He be offended without cause we are bound by christian and civill constitutions to submit though to His unjust wrath If they meane to conclude their owne innocence they must frame their Argument thus If a King command against Law and Magistrates resist according to Law wee may without guilt take part with them This is true if they resist according to Law but this cannot be in a Monarchy for if the Lawes grant a right of resistance in any case when that case comes the Monarchy is dissolved for those who are enabled to take up armes against Him are His equalls or colleagues at least the union is destroyed and they are not to be esteemed Rebels then but just enemies because they cease to be Subjects They cannot vindicate themselves from Treason and Rebellion except they can produce some Law of England which dispenses with their Alleagiance in such cases and shew that our civill constitutions are so framed as to make Bellum Civile Bellum utrinque justum a Civill Warre a just Warre of both sides in the law notion which cannot be except there be two supreme authorities to proclaime and manage it That this is not so the Houses shall give testimony against themselves for they acknowledge themselves in their addresses to His Majesty His humble and loyall Subjects assembled in Parliament Exc. Another maine exception and which they most triumph in is this I will deliver the words of one of them who hath expressed it the most fully As it is a Parliament it is the highest Court of Justice in the Kingdome therefore hath power to send for by force those that are accused before them that they may come to their triall which if I mistake not power inferior Courts have much more the highest 'T is out of doubt agreed on by all that the Parliament hath a power to send a Serjeant at Armes to bring up such an one as is accused before them and if they have power to send one Serjeant at