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A90657 Veritas inconcussa or, a most certain truth asserted, that King Charles the First, was no man of blood, but a martyr for his people. Together with a sad, and impartial enquiry, whether the King or Parliament began the war, which hath so much ruined, and undone the kingdom of England? and who was in the defensive part of it? By Fabian Philipps Esq;; King Charles the First, no man of blood: but a martyr for his people. Philipps, Fabian, 1601-1690. 1660 (1660) Wing P2020; Thomason E1925_2; ESTC R203146 66,988 269

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day before to murther him but before he went out of the field sent Sir William Le-neve Clarencieux King at Arms to Warwick whither the Earl of Essex was fled with a Proclamation of Pardon to all that would lay down arms 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 then ever if they lent them not more moneys and recruited the Earl of Essex his broken Army and to cousen 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 Marshal 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 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. III. Whether a Prince or other Magistrate labouring to suppress or punish a Rebellion of the People be tyed to those rules are necessary for the justifying of a War if it were made between equals WAr where it is made by any rules of justice between equals is to be for necessity where the determining of controversies cannot otherwise be obtained or when between two Princes of equal power it cannot 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 born against Rebels it is not to be called a War but an exercise of jurisdiction upon traiterous and dis-loyal persons y 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 exercitus proinde nec ulla cum illis belli jura saith z Besoldus The Romans who were so exact and curious in their publique 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 a 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 of Rebels b Pompey justifies the war maintained by the Senate against Caesar not then their Soveraign with neque enim vocari praelia justa decet c. Cicero did not think it convenient to send Ambassadors to Anthony nor intreat him by fair words but that it was meet to enforce him by Arms to raise his siege from Mutina for he said c They had not to do with Hannibal an enemy to the Common-wealth 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 insurrection or commotion were the best terms which were bestowed upon it For such attempts are not called wars but robberies of which the Law taketh no other care of but to punish them And 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 son 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 Ri. 2. made to suppresse Wat. Tiler H. 6. Jack Cade H. 8. Ket and the Norfolk Rebels and Queen Eliz. to suppress the Earls of Northumberland and Westmerland may tell us that they understood it no otherwise then all the Kings and Magistrates of the World have ever practised it by the d Laws of England if Englishmen that are Traytors go into France and confederate with Aliens or Frenchmen and come afterwards and make a War in England and be taken prisoners the strangers may be ransomed but not the English for they were the Kings Subjects and are to be reckoned as Traytors not strangers And the Parliaments own advise to the King to suppress the Irish Rebels that ploughed but with their own Heyfer and pretended as they did to defend their Religion Laws and Liberties and the opinion also of Mr. President Bradshaw as Sir John Owen called him in his late sentence given against the Earls of Cambridge Holland and Norwich Lord Capel and Sir John Owen whom he mistakenly God and the Law knows would make to be the subjects of their worser fellow subjects may be enough toturn the question out of doors But lest all this should not be thought sufficient to satisfie those who can like nothing but what there is Scripture for we shall a little turn over the leaves of that Sacred Volume and see what is to be found therein concerning this matter Moses who was the meekest Magistrate in the World and better acquainted with Him that made the fifth Commandment then these that now pretend Revelations against it thought fit to suppress the Rebellion of Corah Dathan and Abiram as soon as he could and for no greater offence then a desire to be co-ordinate with him procured them to be buried alive with all that appertained unto them When Absalon had Rebelled against his father David and it was told him e That the hearts of the men of Israel were after him David a man after Gods own heart without any Message of Peace or Declaration sent unto his dear son Absalon or offering half or any part of his Kingdom to him sent three several armies
interest to that every thing or nothing or to that non-sense according as the Lawless Unlimited Unjust and Ignorant will of fellow subjects shall please to mis-use them in the Voting-house or place of bandying aies or noes For a Parliament which in its legal and primitive institution consisting of King Lords and Commons and the right use of it is so venerable as no man as our Laws say ought so much as to speak or think dishonorably of it we cannot without violence to the Laws and our own reason and understanding call it where Publique orders are made without hearing of all or any parties interessed a piece of a cause heard by some and none at all of it by others votes and parties made and packed and lent to one another before-hand and the best of the Faction and juglers carry all the business as they have a mind to it A way of Justice worse then that if there were any in it of a lawless Court said to be kept yearly on a Hill betwixt Raleigh and Rochford in Essex the Wednesday after every Michaelmas-day where the Steward or Judge sitteth a in the night after the first Cockcrowing without any light or Candle and calleth all that are bound to attend the Court with as low a voice as possibly he may writes orders with a coal and they that answer not are deeply amerced For that being a particular punishment long ago inflicted upon the tenants of certain Mannors in Raleigh hundred for a conspiracy against a King is but once a year and some shift change or mercy of the Steward or an appeal may take away the inconveniency of it A vvay of government vvorse then to be subject to the rule of so many fools for they might perchance do that vvould be just or so many Knaves vvho but in playing the Knaves one vvith another or for reward might sometimes do that vvhich vvas right or Mad-men vvhich at intervals might do something vvhich vvas reasonable vvorse then for every subject of England to be put to play at dice for his Life or Estate or any thing else which he should crave a Justice to get or keep for then he might by skill or chance obtain some thing In fine vvorse then any example or vvay of Government the World hath as yet produced and can have nothing vvorse but Hell it self The Parliament and priviledges of it are destroyed and every mans Life and Estate in no better a condition then at the pleasure of the next pretenders to it All the Charters and Liberties of Cities and corporate Tovvns Corporations of Trade and Companies of Merchants made void all Merchandise Trade and manufacture of the Kingdom laid open and in common to every one that will intrude upon it all that is in the Law concerning our Lives Estates Liberties and Religion made voide and dependent upon their Arbitrary Independent power all that is in the Law concerning Navigation the Kings protection of His people certainty of Customes Trade and entercourse leagues and correspondencies with Forraigne Princes expired or anihilated and all that our forefathers have obtained by way of Laws and Settlement and certainty of Estate are now at the dispose of our Votemongers who instead of a most Pious and Gracious King governing by known Laws have set us up 43. or 50. Kings and ten times as many more Knaves and Fooles who will govern by no Law but such as they shall call Laws and make themselves can be accusers witnesses and Judges at one and the same time and if need be condemn and take away mens Estates first and try them after two or three years Petitioning for it a bondage and slavery in the general more then ever any of our ancestors tasted of For the Romans whose Justice and morality at home and vertue and temperance abroad made them free enough from Tyranny did but make them as Tributaries The Picts made but temporary incursions and a wall could be made against them The Saxons and Danes brought us good Laws and William the Conqueror was contented to restore them And all that succeeded him since understood a government by Laws to be their own as well as the peoples security but this which they have now brought upon us and would keep us under is a misery beyond that was suffered under the 30. Tyrants of Athens Spartan Ephori or Romes Decemvirat for there were something of Laws and Rules to govern by The Children of Israel in the Egyptian slavery had a property in their goods and cattel and were at liberty to serve a better God then that of their masters and though they had their burdens doubled upon them were not killed imprisoned or sequestred for petitioning against the sense of Pharaoh The Jews in captivity had so much liberty of conscience allowed to them as to play upon their Harps and sing the Songs of Sion in a strange Land The frozen Russians though so dull and ignorant as when they are asked any matter of State or difficulty make answer God and the great Duke knoweth breath not under so arbitrary and lawless a government The Grecians had not their Laws Religion and Liberties as we have all at once taken from them nor can the sufferings of them or any other vassals of the Ottoman part or those that live under the Crim Tartar equal the one half of our English Slavery Into which we had never fallen or come at all or so long groned under had we but served God and the King as we ought to have done and not wrested the sense as well as the plain words of the Scripture and the Laws of the Land to enable the sons of Zerviah to be too hard for us and bring all maner of mischief confusion and wickedness upon us more then Romes or Constantinoples Antichrist ever brought upon a people and from which the King had delivered us if we had not Cursed Reviled Prayed Contributed and fought against Him for endeavouring to Protect us How gracious then was he who endured the heat of the day and cold of the night to preserve a great deal more for us then Nabals Sheep could amount unto yet being worse used then ever David was for it could not tell how so much as to threaten to do that which David had so great a mind to do but fought as long as he could to protect them would not so much as defend themselves but did all they could to ruine those that defended him And how much was he beyond Codrus the Athenian King the Roman Curtius or Decii if all that the Ancients wrote of them were true who sacrificed themselves but not their Estates and Posterity to preserve the publique and how good beyond example or the Credit of any history who made himself a Martyr for His peoples lives and liberties and endured so many deaths and suffered more indignities then all the Kings of England put together have ever endured to preserve a people who have for a
might be delivered unto Him all Armies and Levies made by the Parliament laid down the pretended Ordinance for the Militia disavowed and the Parliament adjourned to a secure place He would lay down Armes and repair to them and desired all differences might be freely debated in a Parliamentary way whereby the Law might recover its due reverence the Subject his just Liberty Parliaments their full vigour and estimation and the whole Kingdom a blessed Peace and prosperity and requiring their answer by the 27. of that July promised till then not to make any attempt of force upon Hull they 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 Collonel Goring being but sent thither with a message from the King and Declared for His Majesty Order Forces to be sent thither speedily to beleaguer it by Land and the Earl of Warwick to send thither 5. Ships of the Navy to prevent any Forraign forces coming to their assistance and upon Intelligence that the Earl of Northampton appeared with great strength at Banbury to hinder the Lord Brooks carrying the pieces of Ordinance 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 and to have the Magazine of the County to be delivered unto them Gave power to the Earl of Essex their Lord-General 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 Earl of Stamford a Commission to raise forces for the suppressing of any that should attempt for the King in Leicester-shire or the adjacent Counties And on the eleventh of August 1642. Upon the Kings Proclamation two dayes 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 6. dayes to be Traytors p 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 whilest 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. August 1642. The King though he might well understand the great leavies of Men and Armes 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 Henry Ludlow Sir Arthur Haslerig Mr. Strode Mr. Martin Mr. Hampden Alderman Pennington and Capt. Venne might be delivered into the hands of Iustice to be tried by their Peeres according to the known Laws of the Land and against the Earles of Essex Warwick Stamford Lord Brook 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 acquited 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 Embryo 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 which had so often deceived Him but if He will give any account to the Watch-man of Israel of the People committed to his Charge or to the People of his protection of them or any maner of satisfaction to his own judgement and discretion betake himselfe 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 servants and friends about Him who pawned and engaged their Plate Jewels and Lands for Him with those Lords and Gentlemen that willingly offered to bear him company in His troubles provides what men arms He could in his way towards Nottingham where He intended to set up His Standard But the Parliament about the 23. of August 1642. having received some information that He intended to set up His Standard at Nottingham Declare q That now it appears to all the world that there is good ground of their fears and jealousies which if ever there had been any as there was no cause at all of any more then that some of them meaning to murder or ruine Him they were often afraid He should take notice of it and seek to defend himself there was by their own confession till this time no manifest or certain ground appearing that He intended to defend himself against the Parliament and therefore Order That all that shall suffer in their Estates by any forces raised by the King without consent of Parliament shall have full reparation of their damages out of the Estates of the Actors and out of the Estates of all such Persons in any part of the Kingdom who should persist to serve the King in this War against the Parliament and That it should be Lawful for any number of persons to ioyn and defend themselves and that the Earl of Essex their General should grant out Commissions for levying and conducting forces into the Northern parts And Sir John Hotham the Governor of Hull assist them and Command also the Sheriffs of the County of York and the adjacent Counties with the power of the Counties and Trained bands to aide them and to seize upon all that shall execute the Commission of Array for His Majesty who thus sufficiently beset by those that intended what since