Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	king_n	ward_n	3,240	5	11.1785	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29573	An apologie of John, Earl of Bristol consisting of two tracts : in the first, he setteth down those motives and tyes of religion, oaths, laws, loyalty, and gratitude, which obliged him to adhere unto the King in the late unhappy wars in England : in the second, he vindicateth his honour and innocency from having in any kind deserved that injurious and merciless censure, of being excepted from pardon or mercy, either in life or fortunes.	Bristol, John Digby, Earl of, 1580-1654.	1657 (1657)	Wing B4789; ESTC R9292	74,883	107

as well as Iustice And is so expresly declared and annexed unto the King by the Stat. of the 27 H. 8. c. 24. The Revenues of the Church have been annexed unto it for the better part of one thousand years 7. The taking away of the Lands of Bishops and Cathedral Churches confirmed by many Charters from all our Kings have Prescription of many hundreds of years and are firmly annexed to the Church as Law Charters or Prescription can settle them Now if these Revenues shall be taken away and disposed of without processe of Law without the Kings consent who is sworn to uphold them and is founder of them all without the consent or forfeiture of the Possessors What man can think he hath a better Title to any thing he holdeth or assure himself of any Land or other thing he possesseth for one day longer than Houses shall please Besides it is against Magna Charta the Law and the Kings Oath and the Usance of the Kingdom in all times 8. The Court of VVard For the King to have Wardships is an inheritance and Right of the Crown approved by the Common Law of Enland and acknowledged and submitted unto in all Ages And the Court of Wards is setled and established by Act of Parliament in the time of H. 8 And it was indeavoured to be compounded for at a valuable consideration in the time of King Iames and by him refused because it was so great a flower of his Crown as was not fit to be severed from it And now if the Houses should force a Bargain at their own pleasure and their own price it were contrary to all Law all Reason and Moral Iustice and to the disherison of the Crown The detaining of the Kings Children under their governance 9. Touching the Kings children The ordering of their Education and their future Mariage cannot belong unto the Houses but unto the King by all divine human Laws and by the Law of Nature Neither is the contrary anywhere practised but by the great Turke No new Oaths can be imposed upon the Subject but by the warrant of an Act of Parliament 10 Touching imposing of new Oaths as is declared by the Petition of Right and is so setled by the Act of 3. Car. and hath been so declared during this Parliament by the two Houses upon occasion of the new Canons as appears in the Collection of their own Orders pag. 159.160.908.910 And we find the two Oaths of supremacy and Alleageance the first in 1. Eliz. the second in 3 Iac. were both framed and injoined to be taken in and by several Acts of Parliament and yet now do the Houses presse Oaths upon their fellow Subjects utterly inconsistent with the other legal Oaths which they have formerly taken and for the refusal of their Oath of Covenant and of their Negative Oath in expresse tearms to abjure their Alleagiance to their Soveraign they condemn them of Malignancy a new word of Art not formerly known to the Laws of England 11. Concerning Treason It is defined by the Act of the 25. Ed. 3. cap. 2. and afterward 1 H. 4. 2 Ma. that Act was confirmed and enacted That nothing should be adjudged Treason but what is declared to be so by the Statute of the 25. Ed. 3. or should be afterwards declared to be Treason by Parliament which is understood to be by Act of Parliament which cannot be without the Kings Royal assent and therefore in the Reign of H. 8. we find several Treasons enacted to be so by Parliament which afterwards were all repealed by that of the 2 Mar. And again in the Reign of Queen Mary Queen Eliz. and King Iames new Treasons declared by new Acts of Parliament in their several times But now in this present Sessions the two Houses in many several Cases singly of themselves without the solemnity of an Act by an Ordinance only have ordered that men should die as Traitors and lose their whole Estates without pardon or mercy for such supposed crimes as formerly were so far from being Treason as that they are not legally crimes or misdemeanors as may be instanced in divers particulars out of their own Coll. of Orders The treating with forein Princes and States 12. The treating with forein Princes and Sta●es the making of Peace and War and the sending of Ambassadors or Messengers to those purposes are Acts meerly regal and inherent in the Crown and never questioned till now By the Statute of 2. H. 5. cap. 6. The breaking of Truce and Safe-Conducts is enacted to be Treason so much it importeth the Honour of the Crown The King may out of doubt conclude Peace or proclaim War without his Houses of Parliament But to contribute to the maintenance of a forein War the Assent of the Houses is necessary it being in their free liberty to give or not to give Subsidies or other Aides to that purpose But for the making of Peace or War they have no Votes but it is in the sole power of the King Yet doubtlesse Kings do the more prudently when they take the advice and affections of their people along with them in those weighty affaires especially in making a War with a forein Prince or people otherwise they shall hardly have the Assistance of their purses 13. The nominating of Judges Sheriffs Justices c. without which the Kings of England can hardly make or maintein a War to their Advantage The nominating of Iudges Sheriffs Iustices of Peace c. was never pretended unto by the Parliament but in tumultuous and rebellious times and the Kings of England for some hundred of yeers last past have nominated and appointed them by their Writs or Commissions under their great Seal And by the Acts of 9. Ed. 2. the Statute of Lincoln and 12. R. 2. cap. 2. it is appointed how the choice of Sheriffs and other publique Ministers of Iustice shall be recommended to the King and that the King hath the sole appointing of them And it is so setled by Act of Parliament the 37. H. 8. That such nominations do and shall wholy belong unto the King and his Successors c. By these Animadversions it will clearly appear That the particulars which are mentioned in the 57 and 58 pages of this Discourse are meerly usurped and intruded upon by the Houses but de jure do solely and wholly belong unto the King or can have no life without him which was thought fit rather to be added by this Appendix than by inserting them in the Discourse it self for not interrupting the Series thereof FINIS See the Speeches made for Accōmodation before the War was actually begun in Append pag. 1. 9. Proofs out of the old Testament * Deut. 24.16 Ezech. 18.20 2 Kings 14.6 * Psal. 82. v. 6. * Deut. 1.17 2 Chro. 19. v. 6. Proofs out of the New Testament * Rom. 13. v. 2. See the Propositions in Append pag. 13. Vide Stat. 1. Jacobi cap. 1. in App. pag. 18. wherin the Soveraignty of the King is fully set down Lib. 5. Orat. in Auretium Epist. ad Demetrianum Niceph lib. 7. cap. 6. Tertulliun in Apologetico * Mat. 26.53 54. * 2 Kings 6. v. 16 17 18. c. Act. 12. v. 11. Act. 27.24 Act. 16.26 36. The Protestant churches declare against Subjects taking Arms against their Princes Confessio A●gust 〈…〉 6. Gallia Art 40. Helvet Art 26. Scot. Art 24. Anliae Art 27. Osor de Iur. Majest. fol. 140. Pierre 〈…〉 in his ●●●fence of 〈◊〉 Faith Pag. 3.4 Admitting all the Positions either by Protestants or Papists were true which allow Subjects to take Arms against their Princes yet they agree not with the present Case Shewing that the Tenents of Roman Catholiques are not applicable to the present Case Sheweth that the opinions of such Protestants as allow in some cases of subjects taking of arms against their Prince if they were true yet are not applicable to the present case * Exceptio firmat Regulam in non exceptis In Appendice page 17. In Appendice pag. 18. See the Stat. in Append. pag. 19. * ● Lod. Vives If all sin be the transgression of some Law I would be satisfied how men are become Delinquents that have transgressed against no law The most miserable condition of the Kings Loyal Servants by no prudence to be prevented nor they by any Innocency to be preserved * In what sort the Project of the Ship-mony was set on foot the fault wherof cannot with any Iustice be attributed to the King The fault of Monopolies not to be attributed to the King but to evil Ministers and Referrees A Princes Religion ought not to be a ground of Rebellion or disobedience 〈…〉 Hen. 3. King of Fr. by Iacque 〈◊〉 Hen. 4. King of by Fr. by 〈…〉 The Prince of 〈◊〉 by 〈…〉 The Non-conformists them●selves 〈◊〉 out 〈◊〉 P●●tell a●● 3 ●●c 1605. 〈…〉 clear to this point Vide Art 4 6 9. in Ap. pag. 19. The King caused Pr. Charles his Son and Heir to become a Suter unto the Houses for the saving the Earls life who came in person and propounded it as the first Request he had ever made unto them but could not obtain it In ●ppendice pag. 1. A. The Right of all th●se specified particulars from the l●tter A. to the Letter B. are fully shewn to belong unto the King and that the Houses can have no colour of pretence unto them In App. pag. 20. * Dic Lun●e 4 Ma●i 1646. O●dered that whosoever should ●a●●our or conceal the King and not 〈◊〉 it c. should be proceeded 〈◊〉 as a Traitor and d● without mercy B. * Phil. 3. v. 6. * 1 Tim. 1 v. 13. John 16.2 Matth. 7.12 * Le Roy ne fait to●t is only to be understood in the ordinary course of justice which the King administring by his Ministers and not in Person it is they that are the wrong doers and not the King and the subj●ct against 〈…〉 his Remedy Wisd. 6. v. 1 2 3 4 5 6. Matt. 7.12

them any Right to which they laid Claim But if the making of Ordinances without the King of equal Authority with Acts of Parliament to which the Royal Assent had passed The keeping in their hands the Militia Forts and Navy exclusively to the King The altering of Church-Government established by Law without the Kings Consent The making a new Great Seal The proscribing of the Kings loyal Friends and Servants to loss of life and estates without pardon or mercy before either Summons Tryal or Conviction The taking to themselves the sole Power of pardoning and disposing of Confiscations If the setting unto sale the Lands and Revenew of the Church for so many hundreds of years appropriated unto it by their single Arbitrary Power without the Kings Consent who is Founder of all the Bishopricks and which he was sworn to preserve If the abolishing of the Court of Wards and discharging the Subjects of their Tenures and so consequently of their service to the Crown If the deteining of the Kings Children from him the breeding of them and the future Mariage of them belongeth unto them If the Power of injoining new Oaths upon the Subject contrary to all Law and without the King If the making what they please Treason ex plenitudine potestatis ●s the * harbouring of the King c. notwithstanding that the Law hath determined what shall be adjudged Treason and nothing else If the sending to and treating with forein Princes of War and Peace or the nominating of Judges Sheriff and the Officers of the Crown and many things of this kind If they lay Claim unto these as their Right I must confesse I have not known any satisfaction offered unto them by the King Only in the point of his Servan●s he hath alwaies protested that he would protect no man whatsoever so that he might be brought to a Legal Tryal according to the due Course of Law which he is bound to see afforded to all his Subjects But for the rest of the above specified particulars I do not know that the King hath indeavoured their satisfaction Neither can it be supposed by any rational man that they will ground their defensive War upon any Claim they will make unto them For although de facto in the Contestation of War they have seized and possessed themselves of them yet they will not pretend that they have right unto them de jure And it is Right that constitutes the Iustness or Uniustness of the entring into a War Success protecteth and may establish for the future but cannot rectifie or make good an unjust beginning And it must be their future proceedings by which the most probable Iudgement can be made of their former intentions For now that they have overcome all oppositions If they shall return to a peaceable legal Settlement and leave to use Arbitrary Government which they may pretend they have been inforced unto during an Actual War and shall only retain their just Liberties and Privileges with such additions and inlargements of Graces and Immunities as the King being free and without constraint shall be contented to grant together with prudent Cautions for their own Indempnity and Security for the future which in Cases of this Nature must ever be supposed that rational Men will indeavour and successfull men that have the Power in their hands will expect If they will let the Subject have the comfort and security of a general Pardon and an Act of Oblivion not force the consciences of their fellow subjects by new Oaths which they themselves have acknowledged to be contrary to the Law and against the Petition of Right If they will endeavour really the settlement of Religion by a moderate Reformation and not by a total ruine of the most Orthodox and flourishing Church of Europe and so restore the King to what is undeniably his and make the known Law the Rule of Government These will be the strongest Arguments that Defence was rather intended than a Conquest But if Armies shall be reteined when there are no Enemies and by them an Arbitrary Power held up over mens Lives Liberties and Estates and the King kept in the nature of a subdued and useless Person little will be believed of any Intention of taking only defensive Arms CHAP. X Shewing a particular Tye of Gratitude by the Generousness and Reconcileableness of the Kings Disposition THere was yet a further Tye of Gratitude put upon me by the Generousness and Reconcileableness of the Kings Disposition a virtue ever to be wished but not often found in offended Princes For I having been so unhappy as to have fallen very highly into his Disfavour and to have remained many years under a Cloud of his heavy Displeasure yet not long before the beginning of this Parliament having the opportunity of accesse unto him at the great Counsel at York And then being imployed as Prolocutor in the Commission for the Treaty with the Scots at Rippon for a Cessation and afterwards for the Peace at London he was pleased to receive so good satisfaction concerning me and all my former proceedings that he did graciously pass by whatsoever offence he had conceived against me and did not only call me to his Counsel-Table where in regard of my many years service under his Father he might have judged me usefull unto his service but out of a Confidence and Trust which to fail in even amongst Heathens would be held odious admitted me to the place of the nearest Attendance about his Person as a Gentleman of his Bed-chamber who besides the Privileges of Access in all places have the Honor to sleep by him in the night in his Chamber and to be trusted alone with the safety of his Person as I have often been And this place is accompanyed with a particular Oath of distinct services Of attending upon his Person of not Acting or Concealing any thing to his Prejudice and other things of particular service more than other subjects do swear unto And I must confess that if all the above alleged Reasons had been laid aside and that there had been no other Tye but this new Obligation of the Kings Reconciliation and of his trusting and confiding in me knowing him to be so free not only from all things that might justifie the taking Arms against him but from all things of doing wrong or oppression if other mens errors or corruptions were not put upon his Score That if all the misfortunes that have befallen me and my Family had been foreseen by me and might have been prevented by my forsaking of my Master only because he was in distress I would rather have embraced this poor and exiled condition than to have lived in any Estate of plenty whatsoever reproaching to my self daily and hourly my Infidelity and Ingratitude CHAP. XI A Brief Summary of the Reasons formerly set down for the not taking Arms against the King THese are the Reasons that have reteined me in that Duty which I conceived my self