Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	parliament_n	treason_n	2,197	5	9.2136	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91283	A soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. Wherein divers serious considerations tending to this purpose are propounded both to the King and subjects, the Parliaments and Sir Iohn Hothams proceedings at Hull and in the militia justified, Sr Iohn Hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his Majestie to rayse an army, or a most unnaturall civill warre in his kingdome. With a most serious exhortation both to the King and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration.	Prynne, William, 1600-1669.	1642 (1642)	Wing P4086A; Thomason E239_6; ESTC R19412	26,708	37

house be on fire in a Towne men may iustifie the pulling downe thereof and of the next adjoyning houses if there be cause to prevent the burning of the whole Towne it being for the Common good Yea o Fishers at Sea may iustifie their going on other mens ground adjoyning to the Sea because their fishing is for the common profit of the whole Realme If then private persons may thus legally prejudice other particular men in these cases in their Lands and Houses for the common good then much more may the whole representative body of the Kingdome in Parliament seize upon Hull and the Magazine there for a season being the Common-wealths and the Kings onely in right of and for the service of the Kingdome for the publique peace and safety and the prevention of Civill-warres without any danger of trespasse much lesse of Treason in making Sir Iohn Hotham their Agent in this Service They having a common interest therein since Souldiers Citizens and other private persons may lawfully raise Forts and Trenches on others grounds or pull down any houses and suburbs for the publique good though they have no particular interest in their lands or houses but onely a temporary common interest upon these publique occasions The fourth PROPOSITION THe fourth Proposition is this That in all doubtfull cases of Treason not within the expresse Letter and words of 25 E. 3. Parl. 5. c. 3. neither the King himselfe nor his Iudges but the Parliament and King in Parliament if hee will be there ought to declare and determine what act is Treason and what not This is cleare by these expresse words of 25. E. 3. c. 3. of Treason And it is accorded that if any other case supposed Treason which is not above specified in this Act doth ●appen before any Iustices the Iustices shall ●arry without any going to judgement of the Treason 〈◊〉 the cause be shewed and declared before the King and his Parliament whether it ought to be judged Treason or Felony Which clause was afterwards ratified by 11 R. 2. c. 3. 1 H. 4. c. 10. and by 21 R. 2. c. 11. where Judge Thorning affirmes That the Declaration of Treason not declared belongeth to the Parliament which part of declaring Treason some hold is utterly taken away by 1 Ma●●a Session 1 R●s●al Treason Sect. 20. which others deny and that no other Treason is or can be at this day unlesse by speciall Act of Parliament but what is within the very Letter of 25. ● 3. c. 3. This being indubitable these Conclusions will necessarily follow First that neither his Majestie alone nor yet accompanied with his privy Counsell or Iudges hath any legall power or right at all to declare or determine what is Treason and what not or to declare or adjudge any particular Act to be Treason unlesse it be clearely within the expresse Letter of 25 E. 3 c. 3. Therefore his Majesties own private p Declaration of Sir Iohn Hothams Act in seising the Towne and Magazine of Hull and his refusall to admit his Majestie into the Town when he came to dispossesse him of it to be Treason being out of the Letter of the 25. Ed. 3. and his proclaiming of him to be a Traytour must necessarily be both void and illegall Secondly The Kings Judges and Justices even in Courts of Judicature where they may finally determine and resolve what is law in all other cases neither can may nor ought to declare and determine what is Treason and what is not in any cases out of the very Letter of 25. E. 3. but ought to resert to the Parliament and receive a resolution from them whether it be Treason or not So are the expresse words of this Act of 25. E. 3. and others since If then the Judges are thus to be resolved by the Parliament onely what is Treason and what not then there is no reason or sence why the Parliament should be sent to the Judges to be advised and resolved by them what is Treason or why the Parliament should be taxed for Voting Sir Iohn ●othams Act not to be Treason without consulting first with the Iudges to know of them whether it were Treason or not Since the Parliament in this case of Treason are to direct and resolve the Judges not the Judges them Thirdly both Houses of Parliament upon the Kings Appeale to them for justice against Sir Iohn Hotham as a Traytour for not admitting him into Hull and upon Sir Iohn Hot●ams Letter to them relating the truth of his whole carriage to the King in this cause have acquitted Sir John Hotham and q Voted this Act of his warranted by the command of both Houses not only to be no Treason nor Felony but not so much as a Misdemeanour seeing all he did was only in discharge of the trust which the Parliament had reposed in him for the safety and peace of the whole Kingdome and prevention of a Civill-warre Since then the whole Parliament the onely proper Judges of Treason upon the Kings and Sir Iohn Hothams severall appeales to them have both voted and resolved Sir Iohn Hothams Act to be no Treason nor Crime nor he to be any Delinquent neither the King himselfe who oft professeth in his late Declarations to rule and governe all his people onely according to the Laws of the Realme according to his Oath nor his Counsell nor Judges can by any proclamation or Declaration or by any Judgement in any Court of Justice which hath Conusance of Treason declare this Act of his to be Treason or him a Traytour or Offender Let all of them and the whole Kingdome both for the present and future rest fully satisfied and concluded by the ●arliaments Votes and Resolutions whom our Lawes declare to be the onely proper Judges of this cause pretended to be Treason and so Sir Iohn Hotham must go scot-free Having thus passed through these foure Propositions and the Deductions from them I shall now draw towards a conclusion of this Discourse Sir Iohn Hothams case and Pulls truly stated and debated The onely if not principall pretence of his Majesties late raysing an Army in the North and of a most sad and unseasonable Civill-warre which if proceeded in may soone prove destructive to all his Majesties three Kingdomes is Sir Iohn Hothams seising on the Towne of Hull and the Magazine there by Order from the Parliament for the peace and security of the Realme and his denying his Majestie entrance into the Towne when he came to take possession of it Which Acts his Majestie hath in his Proclamations and Declarations declared and proclaimed to all his subjects to be no lesse then high Treason and Sir Iohn ●otham to be a notorious Traytour The sole question then will be Whether these Actions of Sir John Hotham be Treason or not by the Laws of the Realm And under correction I conceive it is as cleere as the Noone-day Sunne that they are no Treason That his taking possession

Kingdomes use till it may without danger to the Realme by Order of Parliament be rendred up into his Majesties actuall possession who hath no particular Right or Title to it but onely a generall as the Kingdomes Servant and trustee for the peoples safety which is now endangered through his Majesties listening to evill Counsellours Who whisper to him in private and have engaged him in a Civill-warre against his Parliament and people and not hearkening to his Parliament the Graund Counsell both of King and Kingdome whose publique impartiall advice his Royall Progenitors have alwayes most highly esteemed and followed and thereby made themselves great and honourable and the Kingdome happy The Conclusion I shall now winde up all in a few words I suppose I have made it most apparently evident to every indifferent mans judgement that Sir Iohn Hothams forecited Actions with which his Majestie is so much incensed are neither Treason nor Felony by the Laws of the Land by which his Maiestie hath oft lately protested to rule and be guided the t Kings of England by their Coronation Oaths being subject to their Lawet not their Lawes to them and by the Parliaments Resolution not so much as a Misdemeanour or offence but a lawfull act done by the expresse commands for the publique peace and safety of the Realme and prevention of a Civill warre I appeale then to his Majestie to every English mans or other Subjects Conscience and advise them all in the presence of God as they will answer the contrary at the great approaching day of Judgement seriously to consider and then resolve within their brests whether these inoffensive Acts of Sir Iohn Hotham accompanied with all the praerecited Circumstances be a just and sufficient ground to the King or any of his subjects in point of conscience or policy especially in this season when Ireland is in danger of losing and England almost exhausted with necessary publique payments With voluntary contributions and much d●●●acted and divided in it selfe to raise an unnaturally bloody civill warre against Hull and in it against the Parliament and Kingdome by which the King and his Par●isons will be by degrees so farre ingaged against the Parliament and his Kingdome and they by way of just defence so farre engaged against the King and them without Gods mercifull prevention that we shall all now after so long enjoyed peace most unnaturally sheath our swords in one anothers bowells out one anothers throats shed one anothers blood burne spoile waste destroy and prey upon one anothers houses Lands Goods possessions make our whole Kingdome a very Field and Sea of English blood and in conclusion without Gods interposing mercy utterly raine both our King Kingdome Parliament Religion our selves and our posterities and make our Land a Prey to Popish forraigne enemies who now rejoyce at our Divisions which they much foment and thereby hope to surprize and wholly conquer us ere it be long And if our consciences answer us as they will after full deliberation that thes● Acts of Sir Iohn ●otham be no just cause or ground to warrant such unnaturall bloody fatall destructive civill war O let us not then once venture or presume to take up Armes against our owne deare native Country which hath bred us against the Parliament who sit night and day and spend both their Fortunes time and Spirits to redresse our grievances prevent our immanent dangers advance our happinesse and prosperity and preserve our long enjoyed Tranquilitie against our deare loving brethren kindred friends and Countreymen who never did us the least injury against our selves our children families which a Civill-warre may quickly ruine nor yet to countenance justifie or side with those unnaturall vipers and unreasonable ●ottish Brutes who either maliciously or inconsiderately foment and promote such an unnaturall impious causelesse civill warre But let us all put forth our utmost best endeavours and powre out our fervent prayers to God to prevent and cease these civill combustions to ayd and preserve our deare Native Countrey Kingdome Religion the Parliament our selves and our pos●erity against these malignant Incendiaries who seeke their utter destruction O let no true bred English man or Christian be so degenerous so B●rbarous and brutish as to become his owne his deare brethrens posterities Countries Kingdomes bloody Executioner to do such disservice to his Countrey in a few dayes or houres which he shall with brinish teares repent for over I shall likewise humbly presume to beseech his Majestie upon the bended knees of my soule most seriously to consider all the Premises and if upon persual of them there shall appeare no just or lawfull cause in point of conscience and true Christian not Machivillian policy necessarily to enforce him to make a civil warre upon his Kingdome onely for the act of one particular Subject as is yet pretended which in truth amounts not by the Law either to Felony or Treason if to a trespasse or Misdameanor that then he would be most graciously pleased according to his Oath his Royall Duty and many reiterated Protestations to preserve his people and Kingdome in a sweet peace and blessed unity to disband his present Forces and tumultuous Cavaliers discard all bloody Counsellors who have advised him to a most unnaturall unseasonable dangerous civill warre to returne with speed to London and close with his great and best Counsell the Parliament for the preservation and present ayd of bleeding Ireland the setling and composing of his peoples present feares and distractions the effecting of of a perfect thorough Reformation and Union in Church and state the redresse of all remayning grievances the advancement of Truth of the flourishing estate of his three Kingdomes and his owne Royall Honour Revenues and Greatnesse which will eternally gaine his Majestie the servent Prayers hearts affections purses and ready service of all his Kingdomes and subiects together with immortall honour whereas if he shall still proceed in prosecution of this desperate civill warre against his people Kingdom Parliament the guilt of all his subjects innocent blood which shall be shed in this unnaturall causelesse warr will light heavy upon his conscience be required at his hands and in conclusion both himselfe his Kingdomes and loyall people will be brought to the very extremity of misery If not to utter ruine after such a long enjoyed flourishing peace both under his owne and his predecessors peaceably raignes I shall conclude with that of the Poet u Pax optima Rerum Homini novisse datum est Pax vna Triumphis Innumeris po●●r Pax custodne salutem Et Cives aquare potens Te petimus omnes O Most gracious Lord God though thou justly plague us with thy other Iudgements for our sinnes yet give us not over to the sword the forrest of all thy Iudgements an unnaturall bloody civill warre but since thou art a x God of peace and hast promised y to give thy people the blessing of peace which we of

command of the whole power of the County whom they then likewise elected as appeares by the same Law of King Edward by the same reason and greater may the whole Parliament in this case of necessity lawfully elect them now without any impeachment to his Majesties Prerogative Sixthly that His Majesties late Commissions of Array to enforce one subject to take up Armes against another in effect to maintain a Civill-warre to imprison those who refuse contrary to the expresse Letter of Magna Charta c. 29. the late Petition of Right 3. Caroli in the Answer whereunto His Majestie professeth that it is his Maxime That the peoples Liberty strengthens the Kings Prerogative and that the Kings P●erogative is to defend the peoples Liberties Is directly q against the Law and His Majesties Coronation Oath as the Parliament hath now lately proved it Seventhly That to disswade and divert His Majestie from this Civill-warre and shedding the blood of his innocent subjects will be a most acceptable and meritorious service both to God the King himselfe and the whole Realme To God it must be so because he is a God of peace abhorring all unnaturall Civill-warres as is formerly demonstrated To the King himselfe it must be so because it will exempt him from the guilt of perjury in violating his Oath from the guilt of innocent blood and murther in causing his people causelesly to sheath their Swords in one anothers Bowells and from many other sinnes and mischiefs To the whole Kingdome it must be so which desires peace and unity abhors the very thought much more the sight of an unnaturall Civill-warre which will now in all probability as things stand abroad and at home procure aboundance of misery if not utter ruine both to King and people When r David by reason of Nabals churlish Answer had taken up a peremptorie Resolution By the morning light to slay every one of Nabals houshold that passed against the Wall Abigail Nabals wife hearing of it went met David and his Army in his March to do this execution and by her presents and prudent speech diverted him from this his Resolution Whereupon David said to Abigail 1 Sam. 25. 32 33. Blessed be the Lord God of Israel which sent thee this day to meet mee and blessed be thy advice and blessed be thou which hast kept me this day from comming to shed blood and from ave●ging my selfe with mine own hand O that some discreet man or woman could now divert His Majestie from his intended Civill-warre against Hull the Parliament and Kingdome as Abigail here did David cert●●nely it would cause his Majestie upon due consideration to breake out into Davids words and to blesse both God their advice and them for keeping him from shedding his owne subjects innocent blood from avenging hims●●lfe with his own hand neither of which becomes a gracious Prince and may prove destructive both to himselfe his people and Kingdomes The second PROPOSITION THE second Proposition is this That the King ought not to deny or deferr justice or right to any of his subjects much lesse to the whole Kingdom This is manifested both by the expresse words of Magna Cha●ta c. 29. Nul●● vendemus nulli negabimus vel differemus justisiam v●l rec●●● and by many excellent Statutes since as 2 E. 3. c. 8. 14 E. 3. c. 14. 20 E. 3. c. 1 2. 1 Rev. 2. cap. 11. It will then be worthy His Majsties serious second thoughts to consider First whether his voluntary withdrawing himselfe from his Parliament to York which hath much retarded if not wholly frustrated all Parliamentary Proceedings since for the safety and wel-fare both of this Kingdome and 〈◊〉 be not an apparant violation of this part of his Royall Duty Secondly whither his peremptory refusall to passe some necessary usefull Acts for the good of the whole Realme ●pon a pretended discontent against the Parliament and Sir Iohn Hot●am and a private vow as some report not to passe any Act whatsoever till he received justice in Parliament against Sir Iohn Hotham for the businesse of Hull and his refusall to settle the Militia for the safety of the Kingdome by Act of Parliament or otherwise be not an apparant breach of this trust and parcell of his Kingly office Thirdly whether his detaining of the Lord Keeper and great Seale at Yorke whereby many subjects processes and causes have been delayed their suites retarded and some of them quite lost be not an apparant deviation from this Proposition Fourthly whether his absolute denyall to disclose the Accusers Informers against the Lord of Kimbolton and other 5 Parliament men that so they might acquit themselves and have right and justice against them for their malicious false suggestions runs not point blank against this irrefragable Proposition and be not a flat denyall of common Right and Justice to those eminent Persons Fifthly whether it be not an apparant Uiolation and denying of Justice for his Majestie to proclaime Sir Iohn Hotham a Traytor and demand Judgement against him as such a one before his cause was rightly stated or resolved to be Treason by any Court of Justice or the Parliament Sixthly whether his Majesties raysing of a Civil-warre at this very season in England his beseiging of Hull with his slighting and opposing the Parliament in open Declarations even now during the heat of the bloody warrs in Ireland by meanes whereof those Irish Rebells are exceedingly encouraged the Protestant Party and our Soldiers there much discouraged and the Parliament now quite disabled to supply them with Provisions of Ammunition and money which they want by means whereof the Rebells now halfe subdued are like to regaine the Forts they formerly lost and in time wholly to conquer that Kingdome and so utterly to extirpate the English Nation and Protestant Religion thence be not a reall tacit denying and delaying of ayd right and justice to that distressed bleeding Kingdome which now lyes and calls to his Majestie and the Parliament for present succours and supplies which this now Civill-warre will in all probability totally frustrate to the great advancement of Papists and Roman Religion If all these particulars upon serious deliberation prove crosse to this Proposition his Majesties Regall Office I presume his graciousnesse his Royall Love to right and Justice and his compassion to almost expiring Ireland and England is such that he will speedily redresse all former errors of this kind put a speedy period to our domesticke Civill-warres and move him never to run into the like exorbitances againe The third PROPOSITION THe third Proposition That his Majestie hath no such private or particular interest in the Forts and Townes or Magazines of the Realme as the subjects have in their Lands and goods to give sell or dispose of them at his pleasure but onely a publique interest by way of trust for the defence and preservation of the Kingdome and the security and tranquility of his people A