Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	pope_n	14,323	5	7.1772	4	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