Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	britain_n	king_n	reign_v	1,311	5	9.8571	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87530	A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country.	Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name.	1648 (1648)	Wing J595; Thomason E427_17; ESTC R202656	43,342	52

Quia nullis claustris coercetur nullis metis refraenatur nullis finibus premitur it ought not to bee constrained or bridled with any bonds nor restrained to any place for a man though he may abjure his Country or his Kingdome yet he cannot abjure his Allegiance nay he cannot alien give a way or withdraw his allegiance from his King by the Law of nature to his Kings prejudice though he should gaine his liberty freedome of estate and honour or advancement unto the bargaine for St. Augustine saith nemo jure naturae cum alterius detrimento locupletior fieri debet no man by the Law of nature ought to be made richer by the losse of another but if I withdraw mine allegiance the King hath lost a subject therefore I may not doe it neither can the King release it to any of his subjects it being an inseparable accident adherent in the person of a King and is due omni soli semper to every King under heaven from his owne naturall subjects It is due to every King and alwaies to Kings and only to Kings by the Law of nature And it is only due to his person and not to his office which is only imaginary and invisible and no where formally to be found but in his person as by the said case of Calvin more fully appeares Hereupon I conclude that allegiance being due by the Law of nature to the Kings person and that I neither can abjure it nor alien it or withdraw it from him nor he release it to me and that it is only due to him and to no other I cannot take this oath and keep it without violation of the Law of nature and manifest injury both to my selfe and Sovereigne King Quia jura natura sunt immutabilia the Lawes of nature are immutable as before is observed and is plainly held forth by Bracton L. 1. cap. 6. Docter Stud. cap. 5. 6. And so from this point of the Law of nature I come to shew that this Negative Oath is absolutely against the knowne setled and established Laws of the Land the reason is because if I take it keep it it withholds me from the performance of my duty of allegiance which is due to my King from me by the Law of the land and so I am informed by the books of Law this tearm or word allegiance is rendred unto us under divers names in our Law bookes as sometimes it is called fides or faith as Bracton l. 5. Tract. de exceptionibus cap. 24. fol. 427. And so Fleta l. 6. cap. 47. Alienigena repelli debet in Anglia ab agendo donec fuerint ad fidem Regis Angliae Aliens ought to be kept from acting in England till they shall be of the allegiance of the King that is by endenization so Glanvil l. 9. cap. 1. Salva side debita domino Regi heredibus suis That is saving our faith or allegiance due to the King and his heires so Littleton l. 2. in chap. Homage where I doe my homage to my Lord Salve le foy du a nostre senior le Roy saving the faith which I owe to our Lord the King and in the Statute of 25. E. 3. De natis ultra mare these words faith and allegiance are coupled together as signifying one thing sometimes it is called obedientia Regis our obedience to the King as in the bookes of 9. E. 4. 6. 7. 2 R. 3. 2. And in the Statutes of H. 8. 14. cap. 2. and 22. H. 8. 8. and in the booke of 22. Ass pl. 25. it is called ligealty but by what name soever it bee called whether faith obedience ligealty or allegiance all is one it is due still from us subjects to our sovereigne Lord the King by the Statute of 10 R. 2. cap. 5. and 11. R 2. cap. 1. 14. H. 8 cap. 2. and many other the people are called liege people and by the Statute of 34. H. 8. cap. 1 and 35. H. 8 cap. 3. and divers other the King is stiled liege Lord of his subjects and these that are bound under the Kings power are called his naturall leige-men as in the 4. H. 3. Fitz. title Dower and 11. E. 3. cap. 2. So that I may conclude upon these authorities that Ligeantia est vinculum fidei domin● Regi our allegiance is the bond of our faith to the King which being so wee may well say of it as Sir Edward Cooke doth that ligeantia est legis essentia our allegiance is the essence of the Law and so it hath been often and sundry times declared by many sundry wise temperate and well advised Parliaments of England The government of Kings in this Isle of Britain hath been very ancient even as ancient as History it self for those who deny the story of Brutus to be true doe finde out a more ancient plantation here under Kings namely under Samothes grandchilde to Japhet the son of Noah from whom the ancient Britaines that inhabited this Land are according to their conceits descended Kings or Monarchs of great Britaine had and did exercise far more large and ample power and did claime greater Prerogatives over the people under their government and jurisdiction then the Kings of England have done since the Norman conquest as it is to be seen at large both in the Brittish Chronicles and records of these times and in our English histories and may also be gathered out of the writings of the Romans who invaded this Island and lived here upon the place and I doe not finde that ever the people of Brittaine made any of their Kings by election of voices or put them out at pleasure but that the Kingly government and right of the Crowne descended alwayes by hereditary descent and succession though in that infancy of Law and right it may be suspected that there was not so much regularity of justice or observation of right as in these latter more refined ages hath or ought to be I may boldly affirm and it cannot be denyed by any ●●at hath read all the Chronicles and Statutes of this Realme that there hath beene any King of England since the conquest that hath not beene acknowledged by both houses of Parliament of their severall times to be soveraigne Lords of this Realme and their soveraigne Lords too although that some of those Kings were onely Reges de facto and not de jure Kings onely in fact and not of right and such as by the Lawes of England had no right to the Crowne and all the Parliaments since the conquest have acknowledged that the Crowne of England and the government of the Realme hath belonged to the Kings of hereditary right and not by election some of these Parliaments in more expresse and perticular manner then the rest and they of later times more amply then the ancient By the statute called Dictum de Kenilworth made 51. H. 3. King Hen. 3. is acknowledged to be

Lord of the Realme in the statutes made at Gloucester in the sixth yeare of the raigne of King E. 1. King Edw. 1 is acknowledged by the Parliament to bee their soveraigne Lord and so was King Edw. 2. King Edw. 3. King Rich. 2. and all the Kings since by all Parliaments held in their severall raignes as to the studious Reader of the Acts of Parliament made in their severall times will appeare by a Parliament held at Westminster Anno 7. Edw. 1. It is acknowledged to belong to the King through his royall signiory streightly to defend force of armour and all other force against the peace of the kingdome at all times when it shall please him and to punish them which shall do contrary according to the lawes and usages of this Realme and that thereunto they were bound to ayde him as their soveraigne Lord at all seasons when need should be In the raigne of King Edw. 2. The two Spencers Hugh the father and Hugh the sonne to cover the treason hatched in their hearts invented this damnable and damned opinion as it i● stiled in Calvines case That homage and oath of legeance was more by reason of the Kings Crowne that is his politique capacity then by reason of the person of the King upon which opinion they inforced execrable and detestable conseque●●s First that if the King do not demeane himselfe by reason in the right of his Crowne the Peers are boundly oath to remove the King Secondly seeing the King could not be removed by suit of law that ought to be done by Aspertee which is as much as to say by force and war Thirdly that his Lieges were bound to governe in ayde of him and in default of him All which opinions were condemned by two Parliaments one held in the raigne of King Edward the second the other in the first yeare of King Edward the third cap. 1. as by the old printed statutes appeares by the statutes of 25. Edw. 3. cap. 2 It is ordained that if a man shall compasse or imagine the death of our soveraigne Lord the King or of my Lady his Queene or of his eldest sonne or if any man levy warre against the King in his Realme or bee adhered to the Kings enemies giving to them ayde or comfort in the Realme or elsewhere c. It shall be judged Treason It is reported to us by Sir Edward Coke in the fourth part of his Institut called The jurisdiction of Courts pag. 52. That Rot●l● Parliament Anno 17. Edw. 3. num 23. It was then agreed in Parliament that the statute made 15. Edw. 3. should be repealed and lose the name of a statute as contrary to the Lawes and prerogative of the King It appeares Rot. Parlia. 42. num 7. called Lex ●● consuetudo Parliamenti cited by Sir Edward Coke in the fourth part of his Institutes pag. 13. 14. That the Lords and Commons in full Parliament did declare that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne By the statute of 16. Rich. 2. cap. 5. King Richard the second is by the Parliament called their Redoubted soveraigne Lord and the people his liege people and by Parliament in the body of that Act It is acknowledged that the Crowne of England hath beene so free at all times that it hath been in subjection to no Realme but immediately subject to God and to none other in all things touching the regall●ty of the same Crownel notwithstanding that afterwards warres was lovyed against him by his subjects and he was against all Law and right deposed or enforced to make a surrender of his Crowne or at least they pretended he did so though some Hystorians doubt whether he ever consented to it being murthered to make way for King Hen. 4. who had very small pretents to the Crowne as men learned in the lawes of this Realme have in all time since held which kind of disposing of the Kings person I hope and beleeve is not meant by them and which horrid act though it gave some present security to some particuler persons that were then active in his destruction yet it cost this kingdome in generall very deare in the expence of blood and treasure in the succeeding times by bloody civill warres wherein the decay of men by those warrs was so great that many judicious Historians are of opinion that the number of men lost in those warres was not recruited or made up by a following progeny till the beginning of King James his raigne and it is to be feared that this blood is not expiated and dryed up in this land The gates of Janus Temple being opened both without the kingdome and within for the space of an hundred yeares and upwards till by Gods great goodnesse there came to be an union of the rights of the two houses of York and Lancaster to the Crowne of England in King Hen. 7. and Queene Elizabeth his wife though that till neare the middle of his raigne the sword was not altogether sheathed but there were some counterfeit pretenders to the Crowne which stirred the unconstant multitude to sundry rebellions which after some time of rest from those civill broyles The King Lords and Commons in Parliament upon full experience and consideration of the troubles past for the prevention of the like in future times thought fit to revive the ancient lawes of the Realme and to declare that by act of Parliament which was and had beene a fundamentall law of the Land and was before part of the common law thereof to enact and declare in the eleventh yeare of the said Kings reigne in the first chapter of the statutes made in Parliament in the said yeare in these words Anno Vndecimo Henrici septimi The King our sovereigne Lord calling to his remembrance the duty of allegiance of his subjects of this Realme and that they by reason of the same are bound to serve their prince and sovereigne Lord for the time being in his warres for the defence of him and the land against every rebellion power and might raised against him and with him to enter and abide in service in battaile if case so require and that for the same service what fortune ever fall by chance in the same battaile against the minde and will of the Prince as in this land sometimes passed hath been seene that it is not reasonable but against all lawes reason and a good conscience that the said subjects going with their sovereigne Lord in Warres attending upon him in his person or being in other places by his commandement within this Land or without any thing should lese or forfeit for doing their true duty and service of allegiance It is therefore ordeyned enacted and established by the King our sovereigne Lord by the advice and assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authority of