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A86679 The royall, and the royallist's plea. Shewing, that the Kings Majesty hath the chiefe power in this realme, and other his dominions, (1 Pet. 2.13.) And to him the chiefe government of all estates of this realme, whether they be civill or ecclesiasticall, in all causes doth appertaine. Artic. 27. of Religion concerning magist. Hudson, Michael, 1605-1648. 1647 (1647) Wing H3262; Thomason E390_19; ESTC R201538 20,403 30

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Collect. of Remonst pag. 100. And from those expresse ends in the Propositions on both sides must we judge as of the warre so of the incidents thereto Malignancy Delinquency Covenanting c. And of the consequents thereof the blood-shed and spoyle in England and the losse of Ireland and the blood and treason to be expended in the recovery thereof and the deposing of the king though no protestant Parliament ever did so and Protestants generally abominate the doctrine of Deposing of Kings Dan. 2 2● Dan. 4.17.25.32 Rom. 13.14 4. The Observator himselfe sayes That never was any King deposed in a free Parliament But whether the Parliament may depose the King because he hath taken up Armes and sought against them For recovery of his Revenues c. For vindicating the Lawes of the Land and his Legall power and Rights For Redeeming the Subject from illegall power c. And because he will not assent to their Propositions and renounce his Cause and ruine his friends and betray the Crown They cannot in justice or in gratitude depose the King and depose and degrade himselfe and his Posterity Also whether they may depose him after hee hath by severall Acts of parliament asserted our Liberties and offered to passe whatsoever is desired against papists And after his gracious condiscentions touching the Forts and Castles and the Militia The depriving of the King a consequent in every Rebellion for our security and after his other condiscentions declared in his answere to the ninteene Propositions And after his gracious Messages from Nottingham and Oxford both that upon the Treaty there and the other about a yeere since which see before 1 Sam. 26.9 How wee must judge of their after proceedings with his Majesty The true state of the question on the Parliaments side in referrence to the Liberty of the Subject in generall and more particularly of the Royall Party But this is an ordinary consequent in every Rebellion The Rebels not suffering the king to live or Reigne which might punish or take revenge of his Treason as is evident in Ed. and Ki. both the second And this also the Judges delivered for matter of Law at the arraignement aforesaid And in this case must we ground our judgement of their after proceedings with his M●jesty on the Sentence of the Lawe and on the Evidences of Histories and not on their Declarations alterable at pleasure as themselves averre Lastly the promises considered The true state of the Question on the Parliaments side in referrence to the Liberty of the Subject in generall and more particularly to the Royall party is cleerely this Not whether the Lords and Commons assembled in Parliament have power over our Lawes Lives Liberties and estates in Case of defence as aforesaid But whether they have power to compell us to serve with our persons and estates in the present warre against his Majesty and in Case of refusall whether they may proceede against us and whether each house hath power in this Case to sequester and imprison us As also his Majesties taking up Armes for the reasons above mentioned and requiring us to assist him in this warre whether they may question and punish us for such assistance These legall Oathes obliege us rather then our late vowes and covenants seeing we are bound by the Oathes of Supremacie and Allegiance to assist ●nd defend all Jurisdictions Preheminencies and Authorities belonging to the King his Heires and Successours or annexed to the Imperiall Crowne And for such Deede and Service we are utterly discharged of any vexation trouble or losse 11. Hen. 7. cap. 10. And whereas the Parliament in their answeres hereto grant it to be dutie of allegiance Ob. to serve the King in warre for the defence of him and of the Land but not in warres against the Land or the Parliament the Representative body thereof It may be replied and truely Sol. That the greater part of the Lords and Commons and consequently of the people of the Land taken collectively and in Parliament joyned with the King before the Tumults as did the greater part of the people diffusively take part with his Majesty before they called in our brethren of Scotland Upon 〈◊〉 what termes they called in the Scots whom they invited by severall Messages Declarations Protestations Attestations Asseverations and Oathes They professe declarations alterable at pleasure See the Scots papers printed at Edinborough June 1646. in testimony of their unshaken Resolved and constant Loyalty to his Majesty and to his Posterity But now they have Notoriously and professedly revolted from both and when the Scots-Commissioners urged those Declarations and attestations against them and their proceedings they answered that Returnes should not be made against England upon their former Declarations as if they were obligations whereas they were alterable at pleasure And now that by the helpe of our Brethren they are Conquerors and absolute Masters of all see how they fall againe upon their designe against his Majesty and against Monarchy and drive it on with all might and main and by all waies and meanes now as at the beginning and what was Treason before is Rebellion now Their Proceedings after the Warre the same as before the Warre They stickle about the Elections 1. Then they stickled for such men to bee elected into the House of Commons as were of their opinions and inclinations and so they doe now Bills against Bishops for the Militia 2. The Bills against Bishops and for the Militia were in the first place insisted on then and so they are now 3. Seditious and Trayterous pamphlets were published then Trayterous Pamphlets as now by Mr. Lilburne by Mr. Chaloner and his vindicator by the authour of the booke called The unhappy game betweene the Scots and English and by others professed enemies to his Majesty and Monarchy Tumultuary Sectaries 4. Tumultuous Sectaries were raysed and countenanced to force the votes of the Members of both Houses of Parliament then An Independent Army and an Indepentent Army is raysed and continued to force the Kings vote now Of the Forts Castles 5. They seized on the Forts and Castles and the Militia and the Navy then and they detayne and dispose them now as then for securing not the kingdome but themselves and their Designe Of deposing the King S●e the premised opinion of the Ju●ges concerning the deposing of kings and the Histories of Ed. and Ric. both the 2 6. Then Mr. Martin said openly That the Kings Office was forfeitable and Sir Henry Ludlow That his Majesty was not worthy to be King of England and the two houses Declared That if they followed the highest precedents of other Parliaments they should not want modesty or duty and now they tell us in the answere to the Scots papers That the King is not in a condition to execute the duty of his place or to bee left to goe or reside where
privileges of the Members of Parliament Lastly touching the priviledg of the Members of Parliament themselves in their Petition to his Majesty at the beginning of his Reigne in the Case of the Earle of Arundell have declared thus Wee finde it an undoubted Right and constant priviledge of Parliament That no Member of Parliament sitting in the Parliament or within the usuall times of the priviledge of Parliament is to bee restrayned or immesoned without Sentence of the House unlesse it bee for high-Treason Felony or for refusing to give Surety for the Peace And so in Q. Elizabeths time when Wentworth made those motions that were Wentworths Case but supposed dangerous to the Queens Estate Hee was imprisoned in the Tower notwithstanding the priviledge of the House there dyed Thus whereas there is in every of the three kindes of Government some good as Vnity in Monarchy The equall happy constitution of England Counsell in Aristocracy Liberty in Democracy and some evills as Tyranny in Monarchy Division Faction in Aristocracy Tumults Violence and Licentiousnesse in Democracy By the Constitution of the Kingdome we have the good of all these without the evill of any And hence for so many hundred yeeres hath the English Nation beene famous happy to admiration and envy Pro. 24 21.22 Even from this Ancient Equall Happy At present the Lords Commons shake off the yoke of subjection and affect the chiefe Power Government ●or doe they Act as our fellow subjects Proxi●s but as our Lords and Masters nor doe they study Liberty with us and for us but Soveraignty over us Well-poized never enough commended Constitution of this Kingdome From which receding all these Politicall Evills have overtaken us Even Tyranny and Oppression Division and Faction Tumults Violence and Licentiousnesse And what will or can be the end of this but Anarchy Confusion and utter Destruction of the King of the Parliament of the Kingdome of the N●tion Oh that they were wise that they understood that they would consider their latter end Deut. 32.29 THE ROYALL and ROYALLIST'S PLEA THAT the chiefe Promoter of the present war had a designe against his Majesty and against Monarchy is now manifest to all the World The Vote for sending the king to Warwick Castle by the last vote for sending the King to Warwick Castle and by Mr. Prideux his speech in October last for Mr. Prideux his speech for abandoning Monarchy abandoning Monarchy now they have gotten the power of the Sword and for setling the government of the Kingdome in the two Houses of Parliament But our Plea is grounded upon former Evidences The ground of this Plea from the very summoning of this Parliament unto the taking up of armes For how did they stickle in the Counties and Burroughs They Stickle about Elections for such to be elected into the house of Commons as were of their opinions and inclinations And no sooner did they meete and sit in Parliament but they ratified and damned Elections at pleasure in Order to their Designe A Bill against Bishops the Militia Seditious Lecturers and Pampleters The Protestation protested and To thy Tents Oh Israel Tumults The Members thus prepared They bring in two Bills The one to take away Bishops Roote and Branch The other to take the Militia by Sea and Land from the King the later beeing preferred by Sr. Arthur Haslerigg And fayling in this way thee send forth factious and seditious Lecturers which inveigh against the present Government of Church and State and they License Pamphlets that deprave the Government of the Kingdom The people thus prepared They rayse tumults in London to force and compell the Parliament to joyne with them Tho●● accused Memb●●● protected in the prosecution of their Designe and his Majesty charging them with high Treason for these attempts against himselfe and against the Parliament They get themselves protected under the pretended priviledge of Parliament from verball they fall to reall-Treasons and they possesse themselves of the Forts and Castles after that his Majesty had promised for their security that they should be only in such hands as they should have cause to confide in Jan. 27. The Forts and Castles the Militia with the Navy Royall taken from his Majesty And they dispose and execute the Militia of the Kingdome altogether excluding his Majesty after that for their farther security he had accepted of the Lords Lieutenants in the severall Counties recommended by them Feb. 28. And after he had condiscended touching the Militia of the Corporations April 8. What reason they pretended for the Militia In the last places they seize on the Navy-Royall And in their votes of March 15. she reason pretended for the Militia was to defend the kingdome against Enemies from abroad when we had none and against the Papists at home when they were naked and without Armes and against a discontented party amongst us i.e. against the King and his party whom they had discontented and highly provoked by their late proceedings See the opinion of the judges in the Case of the E. of Essex And as their seizing their Forts and Castles c. was needlesse in the two former respects so in the later was it Rebellious being not for the publique but for their private security and advantage not to defend the Kingdome against danger but to protect themselves against justice not to put us into a posture of defence against a common Enemy but to put themselves into a posture of power and strength against his Majesty thereby at once enabling themselves to force him and disable him to resist them in the prosecution of their designe against him And no sooner had they got the full strength of the kingdome but they actually and professedly set themselves against his Majesty Sir John Hotham keepes him out of Hull Aprill 23. Sr. John Hotham And the two Houses justifie his Trayterous Act Aprill 28. Not long after Mr. Martin sayes openly in the house of Commons and unreproved Mr. Martin That the Kings Office is forfeitable And that the happinesse of this Kingdome They strike at Monarchy as at Episcopacy root branch did not depend upon his Majesty or any of the Royall branches of that Roote And Sy● Henry Ludlow That he was not worthy to be King of England Sr. Henry Ludlow Both Houses tacitly imply the deposing of the King They make attempts upon the Imperiall Crowne The Kings Negative vote The 19 Propositions which doubtlesse was the sence of the Parliament For May 26. both houses declare That they should not want modesty if they follow'd the highest Precedents of other Parliaments The Crowne it selfe cannot escape them nay they ayme at that ultimately For in the same Declaration they deny the kings negative Vote in Parliament And to deprive the King and the Crown of their power not only in Law-making but also in Governing They