Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	york_n	5,445	5	9.8000	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51017	Mr. Croftons case soberly considered, plainly stated, and humbly submitted to the consideration of just and prudent men made publique to silence clamor, correct mistake, and acquit him from the charge of high treason vrged by Tho. Tomkins, fellow of All-Souls, Oxon. and others in their frivolous, scurillous and invective pamphlets.	Griffith, Hugh.	1661 (1661)	Wing M2260; ESTC R25739	18,624	30

hath yet met with crying out Mr. Croftons saying that the Parliament ever retained a Jurisdiction over Church and Crown in short is High Treason How much the Universitie of Oxford are engaged to this their Valiant Learned Defendant we leave themselves to Judge how much he hath bettered the cause under contest let sober men Judge with what ingenuity candor and clearness he hath taken up and confuted Mr. Croftons Arguments let any Sophomore yea Fresh-man or ordinary Logician Judge and how fair an Adversary he is that alarumeth the hand of Justice against his Antagonist let Just and Wise men Judge we are not now to Animadvert his animadversions but to Apologize for our oppressed defamed Friend who cannot do it for himself and herein We would give this confident Gentleman hearty thanks to clear his charge of High Treason for we would not plead for it if we knew it or could perceive it But we yet think this is but one Doctors opinion more visible to a Fellow of All-Soules in Oxford then a Barrister or Bencher in the Temple near London This Fellow professeth himself a Reader of Cookes Institutes and that Learned Lawyer telleth us there is no Treason but what is determined by the Statute of the 25th of Edward the 3d and we find not this assertion forbidden therein nor any Opinion determined and Declared by that Statute to be Treason This learned lawyer concludeth that Treason must be Factum not Dictum words may make an Heritique but not a Traytor we must confess Oxford Disputants have Determined Heresie in their Opponents he is the first of that learned University who hath presumed to declare Treason We are sure these words make no immediate and direct assault upon his Majesties Person Crown or Dignity and the Lord Cook abandons all Glosses Inferences Interpretations and consequences to be made by Judge or Counsel in Cases of Treason Judge Jenkins guides the Judgement of Treason by the very Letter of the Law for that in Criminibus a verbo Legis non est recedendum And we cannot conceive how an Observation of past Acts can be Treason in the Logical or Historical Observer Mr. Crofton noteth the Parliament retained in times past He doth note the Fact without any determination of the jus and right of such retention we would advise this Fellow to repair to All Souls and reflect on his own Thoughts and resolve us that the Treason is not more in his own fancie and imagination then in Mr. Crofton his expressions we find he doth throughout his Book mistake the Person which maketh us suspitious he misunderstandeth the position on this man he reflecteth the odium of the violence of the Visitors in Oxford whom Mr. Crofton knew not and it is disputable whether he was then in England The defection and complyances under Queen Richard and other Vsurpers which Mr. Crofton ever denyed resisted and detested when some who then were and now are most zealous complyers urged him with this convincing argument these times affords few Martyrs and the purchase of Church Lands whilest Mr. Crofton would not take when he might a living out of which he knew any man to have been Sequestered He whose heat of Passion doth engage him to misread the Person may well misinterpret his words as indeed we observe he doth understanding King by Crown and Soveraign coercive destructive power by jurisdiction it is no hard matter to make a Traytor if envy may interpret a mans words we hope Mr. Tomkins will not take it unkindly if he be excepted against as to his being Judge or Jury which shall passe upon Mr. Crofton That we may not run into the error we rebuke in any other we shall not presume to give our apprehension of the loyal sence of these words so positively charged to be High Treason but shall make bold to present you with Mr. Croftons own exposition of them declared in a Letter written to some Friends who desired to understand his sence and meaning therein All men will allow him Waterford Law as the best and onely expositor of his own words subject to misconstruction These words the Parliament ever retained in themselves a Jurisdiction over Church and Crown are so far from Treason that they will not be found an error in politiques if that rule be true which cannot be denyed generalia generaliter sunt intelligenda I fear you mistake the sence of every word in this short Sentence and that you conceive Crown doth signifie the King as if these two were not seperable and so known to be in our Laws And Jurisdiction doth signifie coaction as if Coronae jus dicere did necessarily signifie Coronatum cogere per asperte the which is a Sence inconsistent with and contrary unto the Kings immunity from all humane coaction which I have expresly asserted in this very Treatise You here understand Parliament to signifie the Lords and Commons abstracted from the King which sence this place and case doth not necessitate though I do sometimes so use that tearm For Parliament here is opposed to Pope and is noted to be the Subject of full and compleat Legislation which I never do attribute unto but do alwayes deny the two houses unto the extendiag the prerogative of the Crown by the statute 1. Elizabeth or restraint thereof by the Statute 17. Carol. in both which the King was a part of the Parliament Learned men should expound the Text by the context and in Reading a Treatise make one part expound another and know no Author is to be judged by the sound much less by the seeming consequence of a single sentence And now Mr. Tomkins where is Mr. Croftons High Treason And yet we will not fear to let you know that admitting your sence of the term Parliament abstracted from the King there is nothing clearer in the political Constitution and Administration of our Kingdom then their retained jurisdiction over the Crown We do not nor did Mr. Crofton say over the King the Subject of the Crown we will not run you for proof hereof into the Histories of Forreign Countries or our own Saxon times in which we finde this Jurisdiction larger then Mr. Crofton doth assert it but nearer home and hand be pleased to consider 1. King John yielded by consent of the Barrons saith the Record the Crown of England unto the Pope of Rome to hold it from and under him who often demanded the Surrender of it but was answered the Parliament must give it In Anno. 40. of King Edward the third upon the Popes demand of the Crown of this Realm the King appealed to his Parliament who judicially determined it was not in the power of King John nor any other King of England to dispose the Crown but in the sole power of Parliament 2. The claim to the Crown made by Richard Duke of York against King Henry the sixth having reigned twenty eight Years was by both parties submitted by appeal unto the Judgement of Parliament who

their eyes in their fore-head not in their neck for the moral reason for the punishment of vices in all Kingdomes and Common-Wealths is because of the breach of the Laws standing in force for none can be punished for the breach of Lawes by Predestination b●fore they were made That Mr. Crofton was committed to Prison for this Cause might be reputed an Act of Prudence but that he is nor enlarged now that his Spirit and Principles are under the Restriction of a Law seemeth to us something hard and unpolitique the rather for that a Royal command is fairly pretended to have engaged him in this contest and that he did it before the bring o● that Law according to which Justice must acquit him if he had been a Transgressor thereof more then the time thereby directed for prosecution having passed between his Act and Commitment and more then twice as much since he was confined and yet no legal process hath past against him 2. Mr. Crofton hath as a Divine Disputant and Casuist affirmed these Principles as Weighty and Importart but doubtful and undetermined by any good and Just Authority He therefore having used the freedom and confidence of a disputant in his discourse doth conclude his Argumentation with this profession Might my poor weak papers provoke more serious Casuists in good earnest as before God and in the dread of an Oath to state and by right Religious Reason resolve this case of conscience though in the negative I had obtained my desire and if I know mine own heart none shall he more ready then my self to fall down and worship and confess God is in you of a truth We have not known that in any well-governd Common-Wealths nor can our reason conceive that Logical Dispute and Casuistical Debate of things weighty doubtful and not prohibited was or could be Judged any crime much less a crimen laesae Majestatis We hope we may without offence observe that the earnest opponents of the divorce of King Henry the 8th and the Title of Renouned Queen Elizabeth to the Crown of England or any of them were not for the same Apprehended or Imprisoned as Offendors until after that the Law the mature and deliberate debates by both Universities all the Casuists in Christendom and the Estates of Parliament having first cleared and concluded the question disputed had duly interdicted the further debates concerning those matters The Obligation of an Oath in which God is immediately concerned we think we may say with confidence is not inferiour to the most weighty of these cases and no man can or will deny Disputation is directed by God and nature and used and allowed by all Men and Nations the Barbarous Turk and in cases of Religion only excepted as the only ready and rational means to discover truth and disperse such clouds as darken the same Confutations of fury and false witness are registred Comments on the ignorance and impietie of Stephens Antagonists and of fire and force is the high dishonour of Queen Maries Reign the same better beseeming the wilful malitious obdurate Jew and blind bloody Papist then the Rational Religious Christian and reforming Protestant whose onely Honourable warfare hath been ever managed unto good success by Argumentation enforced by Prayers and Tears as their onely Weapons 3. Mr. Crofton did not first begin and set on foot this Dispute This controversie was provoked by the Reverend Bishop of Excester Dr. John Gauden his Analysis sounded the Alarm and challenged all men who feared an Oath sacred in its nature and the onely security of humane Order and Societie especially Ministers the Guardians of truth and guides to dutie to appear unto the defence of the since condemned Covenant Mr. Crofton indeed forward in zeal and having improved this Oath to the advantage of his Majesties happy return did first step forth and with all sobriety receive and repell the Bishops first assault the which the Dr. enforcing a second and third time he resisted with more Logical and Theological strength taking the Principles from Grotius the Civilian the learned Sanderson now Bishop of Lincoln the Casuist and Sir Thomas Smith Horn and Fortescue the Lawyers best acquainted with the constitution of the Government of this Kingdom the which he useth as his Medium by which to conclude his Argument So that it is visible to all men that Mr. Crofton is defensive in this whole debate and is no further criminal then in suffering his Reason to infer and relate the conclusion which the principles approved by all men and asserted by approved Authors do enforce Civilians do conclude defensive to be the most if not onely lawfal War Our Law and Reason doth conclude in all Quarrels the offence is in him who gave the first blow and began the Fray no man was ever found guilty of Murther or Treason for killing a man se defendendo the heat of the Chase and chance of Hunting acquitted Sr. William Tyrrel from the guilt of Treason or Murther though he slew King William the second and men of Ingenuity will acknowledge it to be a most fair candid and clear conquest which is obtained by the Sword of Goliah the enemies own weapons whilest premises stand approved other men will not want Mr. Croftons reason to infer the conclusion nor can they think this common Act could be in him a Capital crime We cannot but acknowledge the Wisdom and justice of our late Martyred Lord King Charles the first who determining to silence the Arminian Controversie which then disturbed the peace of the Church did first by his Royal Proclamation call in the Book Appello Caesarem published by Dr. Montagne Bishop of Chichester as that which was the first cause and gave occasion to those Disputes and Differences which troubled the quiet of the Church We dare be bold to avouch it that if Dr. Gauden had not appeared against Mr. Crofton had not in this way appeared for the now condemned consumed League and Covenant and we hope we shall not have cause to think the Bishops Analysts was let loose to Ducquoy the sober serious conscientious and sincerely Loyal Covenanter into a snare of Destruction by a Disputation of a matter so weighty and undetermined 4. Although Mr. Crafton may in this Dispute have strained towards one extream and seemeth to have attributed more to Parliaments then what doth appertain unto them which is the ordinarie infortunium of a Dispute yet he hath not in these wrightings uttered any expressions of Disloyalty or disrespect to the Kings Majesty or of advise and provocation unto tumult and disorder in the people whereby his Majesties Person Crown or Dignity could be endangered or the Peace of the Kingdoms be disturbed But on the contrary they contain in the general scope of these writings besides many particular expressions thereunto conducing the greatest evidence and security of Loyalty to the King and peace unto his people that can possibly be given as an evidence hereof we