Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	earl_n	lord_n	4,000	5	4.3844	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70797	The royall martyr. Or, King Charles the First no man of blood but a martyr for his people Being a brief account of his actions from the beginnings of the late unhappy warrs, untill he was basely butchered to the odium of religion, and scorn of all nations, before his pallace at White-Hall, Jan. 30. 1648. To which is added, A short history of His Royall Majesty Charles the Second, King of England, Scotland, France, and Ireland, defender of the faith, &c. third monarch of Great Brittain.; King Charles the First, no man of blood: but a martyr for his people.	Philipps, Fabian, 1601-1690.; W.H.B.	1660 (1660)	Wing P2018A; ESTC R35297	91,223	229

of horses And within two dayes after the Lord Keeper Duke of Richmond Marquiss Hartford Earl of Salisbury Lord Gray of Ruthen with 17 Earls and 14 Barons the Lord Chief Justice Bancks and sundry others of eminent quality and reputation attest His Majesties Declaration and profession that He had no intention to make a War but abhorred it and That they perceived no Councels or preparations tending to any such designe and sent it with His Majesties Declaration to the Parliament In the mean time the Committee of Parliament appointed to make the propositions to the City of of London for the raising of Horse viz. 15. June 1642. Made report to the House of Commons That the Citizens did very cheerfully accept the same there being for indeed there had been some design and resolulution a year before concerning the melting of plate to raise monies already great store of plate and monies brought into Guild-Hall for that purpose and an Ordinance of Parlament was made for the Earl of Warwick to be Lord Admirall and keep the Navy though the King had commanded him on pain of treason to deliver up the Ships to him And the Lord Brook sent down into Warwick-Shire to settle the Militia 17. June 1642. Committee of both Houses was appointed to go to the City of London to enquire what store of Horse Monies and Plate were already raised upon the Propositions 18. June 1642. The King by his Proclamation Disclaiming any intention to make War against his Parlament forbiddeth all levies of Forces without his Majesties express pleasure signified under his Great Seal And 20. June 1642. Informing all his Subjects by his Proclamation of the Lawfulness of his Commissions of Aray That besides many other Warrants and Authorities of the Law Judge Hutton and Judge Crooke in their Arguments against the Ship-money agreed them to be Lawfull and the Earle of Essex himself had in the beginning of this Parlament accepted of one for the County of York Gave his people to understand That he had awarded the like Commissions into all the Counties of England and Dominion of Wales to provide for and secure them in a legall way left under a pretence of danger and want of Authority from his Majesty to put them into a Military posture they should he drawn and engaged in any opposition against him or his just Authority But 21. June 1642. The Lords and Commons in Parlament Declaring The designe of their Propositions of raising Horse and Moneys was to maintain the Protestant Religion and the Kings Authority and Person and that the Forces already attending his Majestie and his preparations at first coloured under the pretence of a guard being not so great a guard as they themselvs had constantly for 6 months before did evidently appear to be intended for some great and extraordinary designe so as at this time also they do not charge the King with any manner of action of War or any thing done in a way or course of war against them and gave just caufe of fear and jealousie to the Parlament being never yet by any Law of God or man accounted to be a sufficient cause or ground for Subjects to make War against their Soveraign did forbid all Mayors Sheriffs Bayliffs and other Officers to publish His Majesties said Letter to the City of London And Declare that if He should use any force for the recovery of Hull or suppressing of their Ordinance for the Militia it should be held a levying Warr against the Parlament and all this done before His Majesty had granted any Commission for the levying or raising of a man and lest the King should have any manner of provision of War to defend himself when their Army or Sir John Hotham should come to assault him Powder and Armes were every whera seized on and Cutlers Gun-Smiths Sadlers and all Warlike Trades ordered not to send any to York but to give a weekly account what was made or sold by them And an Order made the 24 of June 1642. That the Horses which should be sant in for the service os the Parlament when they came to the number of 60. should be trained and so still as the number increased 4. July 1642. The King by his letter under his signe Manuall commanded all the Judges of England in their Circuits to use all means to suppress Popery Riots and unlawfull assemblies and to give the people to understand his resolution to maintain the Protestant Religion and the Laws of the Kingdom and not to govern by any arbitrary way and that if any should give the King or them to understand of any thing wherein they held themselves grieved and desired a just reformation He would speedily give them such an answer as they shall have cause to thank him for his Justice and favour But the same day a Declaration was published by both Houses of Parlament commanding that no Sheriff Mayor Bayliff Parson Vicar Curate or other Sir Richard Gurney the Lord Mayor of London not many days before having been imprisoned for proclaiming the Kings Proclamation against the bringing in of Plate c. should publish or proclaim any Proclamation Declaration or other paper in the Kings name which should be contrary to any Order Ordinance or Declaration of both the houses of Parlament or the proceedings thereof and Order that in case any force should be brought out of one County into another to disturb the peace thereof they should be suppressed by the Train Bands and Voluntiers of the adjacent Counties Shortly after Sir John Hotham fortifieth the Town of Hull whilst the King is at York seizeth on a Ship coming to him with provisions for his Houshold takes Mr. Ashburnham one of the Kings servants prisoner intercepts Letters sent from the Queen to the King and drowneth part of the Countrey round about the Town which the Parlament allows of and promise satisfaction to the owners 5. July 1642. They order a subscription of Plate and Horse to be made in every County and list the Horse under Commanders and the morrow after Order 2000 men should be sent to relieve Sir John Hotham in case the King should besiege him to which purpose Drums were bear up in London and the adjacent parts to Hull The Earl of Warwick Ordered to send Ships to Humber to his assistance instructions drawn up to be sent to the Deputy-Lievtenants of the severall Counties to tender the Propositions for the raising of Horses Plate and Money Mr. Hastings and divers of the Kings Commissioners of Array impeached for supposed high Crimes and misdemeanours and a Committee of five Lords and ten of the House of Commons ordered to meet every morning for the laying out of ten thousand pounds of the Guild-Hall moneys for the buying of 700 Horse and that 10000. Foot to be raised in London and the Country be imployed by direction of the Parlament and the Lord Brook is furnished with 6. pieces of

Ordinance out of the Tower of London to fortifie the Castle of Warwick And 9. July 1642. Order That in case the Earl of Northampton should come into that County with a Commission of Array they should raise the Militia to suppress him And that the Common Counsell of London should consider of a way for the speedy raising of the 10000 Foot and that they should be listed and put in pay within four days after 11. July 1642. The King sends to the Parlament to cause the Town of Hull to be delivered unto him and desires to have their answer by the 15 of that month and as then had used no force against it But the morrow after before that message could come unto them they resolve upon the Question That an Army shall be forthwith raised for the defence of the Kings person and both houses of Parlament and those who have obeyed their Orders and Commands in preserving the true Religion the Laws Liberties and the Peace of the Kingdom and that they would live and dye with the Earl of Essex whom they nominate Generall in that cause And 12. July 1642. Declare that they will protect all that shal be imployed in their assistance and Militia And 16 July 1642. Petition the King to forbear any preparations or actiōs of War and to dismiss his extraordinary guards to come nearer to them and hearken to their advice but before the Petition could be answered wherein the King offered when the Town of Hull should bee delivered to Him he would no longer have an Army before it and should be assured that the some pretence which took Hull from him may not put a Garison into Newcastle into which after the Parlaments surprise of Hull He was inforced to place a Governour and a small Garrison He would also remove that Garrison and so as his Magazine and Navy might be delivered unto him all Armies and Levies made by the Parlament laid down the pretended Ordinance for the Militia disavowed and the Parlament adjourned to a secure place he would lay down Arms and repair to them and desired all differences might be freely debated in a Parlamentary way whereby the Law might recover its due reverence the Subject his just Liberty Parlaments their ful vigour and estimation and the whole Kingdom a blessed Peace and Prosperity and requiring their answer by the 27. of that July promised til then not to make any attempt of force upon Hull had armed their General with power against him given him a Commission to kill and slay all that should oppose him in the execution of it and chosen their General of the Horse 8. August 1642. Upon information that some of the Town of Portsmouth had revolted to Colonell Goring being but sent thither with a message from the King and Declared for his Majestie Order forces to be sent thither speedily to beleaguer it by Land and the Earle of Warwick to send thither 5. Ships of the Navy to prevent any forraign forces coming to their assistance and upon Intelligence that the Earle of Northampton appeared with great strength at Banbury to hinder the Lo. Brooks for carrying the picces of Ordnance to Warwick Ordered 5000 Horse and Foot to be sent to assist him 9. August 1642. Upon information that the Marquis of Hartford and divers others were in Somerset-shire demanding obedience to the Kings Commission of Array to have the Magazine of the Connty to be delivered unto them Gave power to the Earl of Essex their Lord Generall the Lord Brook and others to apprehend the Marquis of Hartford and Earl of Northampton and their complices and to kill and slay all that should oppose them And the day following gave the Earle of Stamford a Commission to raise forces for the Suppressing of any should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation two days before declaring the Earl of Essex and all that should adhere unto him in the levying of Forces and not come in and yield to His Majesty within six days to be Travtors● vote the said Proclamation to be against the fundamental Laws of the Kingdom Declare their resolutions to maintain and assist the Earl of Essex and resolve to spend no more time in Declarations and Petitions but to endeavour by raising of Forces to suppress the Kings Party though all that the Kings loyal Subjects did at that time for Him was but to execute the Commission of Array in the old legal way of the Militia and within a day or two after ordered the Earl of Essex their Lord General to set forth with his Army of Horse upon the Monday following but not so much as an Answer would be afforded to the Kings Message sent from Hull where whilst He with patience and hope forbore any action or attempt of force according to His promise Sir John Hotham sallied out in the night and murdered many of his fellow-subjects 12 Angust 1642. The King though He might well understand the great leavies of Men and Arms ready to march against Him by a Declaration published to all his Subjects assures them as in the presence of God That all the Acts passed by Him in this parliament should be as equally observed as those which most of all concerned His own interest and rights and that his quarrel was not against the Parliament but particular men and therefore desired That the Lord Kimbolton Mr. Hollis Sir Hen Ludlow Sir Arthur Hasilrig Mr. Strode Mr. Martin Mr. Hampden Alderman Pennington and Captain Venne might be delivered into the hands of Justice to be tried by their Peers according to the known Laws of the Land and against the Earls of Essex Warwick Stamford Lord Brooks Sir John Hotham Major General Skippon and those who should exercise the Militia by vertue of the Ordinance he would cause Indictments to be drawn of high Treason upon the Statute of 25 Edw. 3. and if they submit to trial and plead the Ordinance would rest satisfied if they should be acquitted But when this produced as little effect as all other endeavours He had used for peace He that saw the Hydra in the mud and slime of Sedition in its Embrio birth and growth and finds him now erected ready to devour him must now though very unwilling to cast off His beloved Robe of Peace forsake an abused patience and believe no more in the hopes of other remedies had so often deceived Him but if He will give any account to the Watchman of Israel of the People committed to his charge or to the people of his protection of them or any manner of satisfaction to his own judgment and discretion betake Himself to the Sword which God had intrusted Him with and therefore makes the best use He could of those few friends were about Him and with the money which the Queen had not long before borrowed and the small supplies He had obtained of His

to which On Sunday the 23. of October 1642. for they thought it better to rob God of his Sabbath than lose an opportunity of murthering their Soveraign the Earl of Essex and Parliament-Army powring in from all quarters of the Kingdom upon him had compassed him in on all sides and before the King could put his men in Battel-Array many of whom being young Country fellows had no better armes than clubs and staves in their hands cut out of the hedges and put his two young Sons the Prince of Wales and the Duke of York in the guard of a Troop of horse at the further end of the field and had finished a short prayer a bullet of the Earl of Essex's Cannon grazed at his heels as he was kneeling at his prayers on the side of a bank for Blague a villain in in the Kings Army having a great pension allowed him for it had given notice in what part of the field the King stood that they might the better know how to shoot at him But God having a greater care of his Anointed than of their Rebellious pretences so ordered the hands of those that fought for the King as the Earl of Essex was so loaden with Victories as he left five of his men for one of Kings dead behind him lost his Baggage and Artillery retired back to Warwick and left the King to bless God in the field where he supped with such victuals as the more loyal and better natur'd neighbours sent him when the worser sort refused to do it and lying there all night sent warrants out the next day to the neighbour Parishes to bury the dead drew off his Ordnance and marched to Banbury and yet he could not forget to pity those were at such paines and hazard the day before to murther Him but before he went out of the field sent Sir William Le●neve Clarencieux King of Armes to Warwick whither the Earl of Essex was fled with a Proclamation of pardon to all that would lay down armes which though they scornfully received and the Herald threatned to be hanged if he did not depart the sooner cannot perswade Him from sending a Declaration or Message to the Parliament to offer them all that could be requested by Subjects but all the use they made of it was to make the City of London believe they were in greater danger than ever if they sent them not more moneys and recruited the Earl of Essex his broken Army and to cosen and put the people on the more to seek their own misery a day of Thanksgiving was publiquely kept for the great Victory obtained against the King And Stephen Marshall a Factious bloody Minister though he confessed he was so carried on in the crowd of those that fled from the battel as he knew not where he was till he came to a Market-Town which was some miles from Edge-hill where the Battel was fought preaches to the people too little believing the Word of God and too much believing him that to his knowledge there was not above 200. men lost on the Parliaments side that he picked up bullets in his black velvet cap and that a very small supply would now serve to reduce the King and bring him to his Parliament And here ye may see Janus Temple wide open though the doors of it were not lift off the hinges or broken open at once but pickt open by those either knew not the misery of the War or knowing it will prove to be the more guilty promoters of it That we may the better therefore find out though the matter of Fact already represented may be evidence enough of it self who it was that let out the fury and rage of War upon us we shall consider CHAP. II. Whether a Prince or other Magistrate labouring to suppress or punish a Rebellion of the People be tied to those rules are necessary for the justifying of a War if it were made between equals WAr was first brought in by necessity where the determining of controversies between two strange Princes of equal Power could not be had because they have no superiour A Rebel therefore cannot properly be called an enemy for Hostis nomen notat aequalitatem and when any such Arms are borne against Rebels it is not to be called a War but an Exercise of Jurisdiction upon trayterous and dissoyal Persons atque est ratio manifesta saith Albericus Gentilis qui enim jure judex est superior non jure cogitur ad subeundas partes partis aequalis non est bellum cum latronibus praedonibus aut piratis quanquam magnos habeant excercitus proinde nec ulla cum illis belli jura saith Besoldus The Romans who were so exact and curious in their publick denouncing of War and sending Ambassadors before they made War against any other Nation did not do it in cases of Rebellion and defection and therefore Fidenatibus Campanis non denunciant Romani And Cicero that was of opinion that nullum bellum justum haberi videtur nisi nunciatum nisi indictum nisi repetitis rebus stood not upon those solemnities in the Cataline conspiracy for the rules of justifying a War against an enemy or equals as demanding restitution denunciation and the like are not requisite in that of punishing Rebels Pompey justifies tbe War maintained by the Senate against Caesar not then their Soveraign with neque enim vocari praelia justa decent c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by faire words but that it was meet to inforce him by arms to raise his siege from Mutina for he said They had not to do with Hambal an enemy to the Commonwealth but with a rebellious Citizen The resisting of the Kings Authority when the Sheriff of a County goes with the posse Comitatus to execute it was never yet so much as called a War but Rebellion and Insurrection or Commotion were the best terms bestowed upon it such attempts are not called Wars but Robberies of which the Law taketh no other care of but to punish them The haste that all our Kings and Princes in England have made in suppressing Rebellions as that of the Barons Wars by Henry the 3. and his sending his Sonne the Prince to besiege Warren Earl of Surrey in his Castle of Rygate for affronting the Kings Justices saying That he would hold his Lands by the Sword That which Rich. 2. made to suppress Wat. Tiler H. 6. Jack Cade H. 8. Ket and the Norfolk Rebels and Queen Elizabeth to suppress the Earls of Northumber-land and Westmerland may tell us that they understood it no otherwise than all the Kings and Magistrates of the world have ever practised it by the Laws of England if Englishmen that are Traytors go into France and confederate with Altens or Frenchmen and come afterwards and make a War in England and be taken prisoners the strangers may be ransomed