Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	person_n	possession_n	tenement_n	1,318	5	10.9693	5	false

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

Fire nor the Roman Catholiques by reason of the Oath of Supremacy the Halter Whereupon it was again desired by the Houses that Treason might be reduced into a certainty according to the Statute of the 25 of Edw. the 3. which was accordingly so enacted the 2. of Phil. and Ma. And all these three Statutes 25 Edw. 3. 1 Hen. 4. and 2 Phil. and Ma. are yet in force In which the attempting of any thing against the Kings Person the adhering to the Kings Enemies the leavying War against the King The seizing of any of his Forts or his Ships Royal The Counterfeiting of the Kings Hand or his great or privy Seal with many other particulars are so explicitely and clearly enacted to be high Treason That whosoever should be guilty of the Fact would have as ill a Plea to plead That ●unius Brutus Buchanan or any of our new Doctors did hold and maintain by their writings That it is lawfull in such and such Cases to take Armes against the King and so consequently in all the other particulars specified in the said Statute As a Felon that had rob'd upon the high way would have to plead that Theft by the Law of God is not punishable by death for which he would not want likewise his * Authors But such as have been acquainted with the Courses held with those that have been Indicted and Arraigned for Treason will know That to be proceeded against only upon the plain and clear letter of the Law is to have favourable Iustice And he shall have the Kings Atturny and the learned Counsel with Eloquence and great strains of Wit by Deductions and Inferences as though they had lost the day if the Accused should be acquitted stretch the litteral Text beyond what it can rationally or honestly bear and speaking as they say for the King no man dares reprove or restrain them But to suppose that any Allegation of Conscience or the Opinion of learned Authors nay if it were Texts out of Scripture against the explicite letter of the Law would be heard or admitted were a great Ignorance But he would be told as I know some have been That all other things were Matters dehors Nothing to the purpose The issue was only factum or non factum And truly wofull experience had taught me to be wary in humane prudence not to imbarque my self in a Business wherin my Conscience was not only altogether unsatisfied but if I should ever be brought to a legal Tryal upon it mine own Judgment told me I could have nothing to say in mine own Defence of Justification or that could preserve my Self and Posterity from total Ruine and Destruction but Prevailing and Victory Which at the most could but protect but could not make a bad Cause good But besides humane Prudence and fear of Punishment there is a Conscientious Tye of obeying the Law we being taught to obey not only for wrath but for Conscience sake S. Paul saith That if there had been no Law there had been no sinne which sheweth That the breaking of just Laws and legally established is sin For the supream Powers therein are chiefly disobeyed who are supposed to command more Authoritatively by their Laws than by their Verbal Commands Further as the Laws are so positive against Resistance and taking Arms against the King so likewise have the Laws been as carefull to Protect and thereby to Incourage the Subject to adhore unto their King for it is provided by the Stat. 11 of Hen. 7. Cap. 1. That from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and Soveraign Lord of this Land for the time being in his Person and do him true and faithfull service of Allegience in the same or be in other places by his Commandement in his Wars within this Land or without That for the said deed true duty of Allegeance he or they be no wise Convict or Attaint of high Treason nor of other offences for that Cause by Act of Parliament or otherwise by any Process of Law whereby he or any of them shall lose or forfeit Life Land Tenements Rents Possessions Hereditaments Goods Chattels or any other things but to be for that deed and service utterly discharged of any Vexation Trouble or Losse And if any Act or Acts or other Process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance That then that Act or Acts or other Process of the Law whatsoever they shall be stand and be utterly void Provided alwaies That no Person or Persons shall take any benefit or advantage by this Ast which shall hereafter decline from his or their said Allegeance So that if they that have served the King with Fidelity according to the Law shall by their prevailing fellow-Subjects be attainted and their Estates forfeited and disposed of at their pleasure It must be by some such Transcendent Power as must be above all Laws For as by the Law no Subject ought either to be attainted or lose his Estate for serving the King in his Wars so can no Confiscations by the Law belong to any but unto the King or such as derive their Right from him It is true in the Heat and Contestation of War it is usual that whatsoever Goods or Wealth the souldier can lay hands upon is de facto esteemed good Purchase But after the War is ended the Law useth then to recover her Force And setled Inheritances in all former Civill Wars in England have never been disposed of by the Arbitrary Power of the prevailing Party although they were Kings claiming the Crown by Title and might have Right to Confiscations but by legal Convictions and due course of Law much more in the Case of Subjects taking Arms against their King which is alwaies in the beginning stiled and proclaimed Rebellion by the King that they Oppose untill Success or Treaty qualifie that Name That they should not content themselves with a General Pardon and Act of Oblivion and the settlement of the Government for the future to their reasonable Content and Security for themselves and their Estates But that Inheritances must be confiscated and disposed of by them and such persons as they shall please without legal Tryal and as it were by Proscription or Decimation be by a Vote designed to loss of Life and Estate without Pardon or Mercy What greater Cruelty could have been used towards them if they had faln into the hands of the Turk or most merciless Conquerour especially if it shall be considered that in this Case no Neutrality could be admitted nor the most peaceable-minded man avoid the being ingaged For as by the Law it is Treason to take Armes against the King by the above-recited Statutes so by the Statute of the 19 Hen. 7. It is loss of all Honours Castles Lordships Mannors Lands Tenements and other Hereditaments c. not to take Armes for the King and

if it should but so happen which God of his goodness avert That mutually Forces and Armies should be raised Jealousies and Fears would be so much increased thereby that an Accommodation would be rendred full of difficulty and length and the very charge of maintaining them whilst first a Cessation of Arms and then a general Accommodation were in treating the Wealth of the Kingdom would be consumed And of this we had lately a costly Example for in those unhappy Troubles betwixt us and Scotland after there was a stop made to any further Acts of Hostility and a desire of Peace expressed on both sides Commissioners nominated and all the Articles propounded yet the keeping of the Armies together for our several Securities whilst the Cessation at Rippon and the Peace at London where in treating cost this Kingdome not much lesse than a million of pounds And if two Armies be once on foot here in England either a suddain Encounter must destroy one of them or the keeping of them on foot must destroy the Kingdom I hope therefore we shall make it our endeavour by Moderation and Calmnesse yet to put a stay to our so near approaching miseries and that we shall hearken to the wise advice of our Brethren of Scotland in their late Answer to the King and Parliament wherein they earnestly entreat us That all means may be forborn which may make the Breach wider and the Wound deeper and that no place be given to the evill Spirit of Division which at such times worketh uncessantly and resteth not But that the fairest the most Christian and compendious way may be taken by so wise a King and Parliament as may against all Malice and Oppositions make his Majesty and Posterity more glorious and his Kingdom more happy than ever And in another place they say That since the Parliament hath thought meet to draw the Practice of the Parliament of Scotland into Example in point of Declaration They are confident that the Affection of the Parliaments will lead them also to the Practice of that Kingdom in composing the unhappy Differences betwixt his Majesty and them and so far as may consist with their Religion Liberties and Laws in giving his Majesty all satisfaction especially in their tender Care of his Royal Person and of his Princely Greatness and Authority Certainly MY LORDS this is wise and brotherly Advice and I doubt not but we are all desirous to follow it We must not then still dwell upon generals for generals produce nothing But we must put this Business into a certain way wherby particulars may be descended unto And the way that I shall offer with all humility is That there may be a select Committee of choise Persons of both Houses who may in the first place truely state and set down all things in difference betwixt the King and the Subject with the most probable way of reconciling them Secondly to descend unto the particulars which may be expected by each from other either in point of our supporting of him or his relieving of us And lastly how all these Conditions being agreed upon may be so secured as may stand with the Honor of his Majesty and the satisfaction of the Subject When such a Committee shall have drawn up the heads of the Propositions and the way of securing them they may be presented unto the Houses and so offered unto his Majesty by such a Way as the Parliament shall Iudge most probable to produce an Accommodation MY LORDS What I have said unto you hath been chiefly grounded upon the Apprehensions and Fears of our future Dangers I shall say something of the unhappiness of our present Estate which certainly standeth in as much need of Relief and Remedy as our Fears do of Prevention For although the King and People were fully united and that all men that now draw several waies should unanimously set their hand to the work yet they would find it no easie task to restore this Kingdom to a prosperous and comfortable Condition If we take into our Consideration the deplorable Estate of Ireland likely to drain this Kingdom of Men and Treasure if we consider the Debts and Necessity of the Crown the Ingagements of the Kingdom the great and unusual Contributions of the People the which although they may not be so much to their Discontent for that they have been legally raised yet the burthen hath not been much eased let us likewise consider the Distractions I may almost call them Confusions in point of Religion which of all other Distempers are most dangerous and destructive to the Peace of a State Besides these publique Calamities let every particular man consider the distracted discomfortable estate of his own Condition for mine own part I must ingenuously profess unto your Lordships That I cannot find out under the different Commands of the King and the Parliament any such Course of Caution and Wariness by which I can promise to my self Security or Safety I could give your Lordships many instances of the Inconsistency and impossibility of obeying these Commands But I shall trouble you with only one or two The Ordinance of Parliament now in so great agitation commandeth all Persons in Authority to put it in execution all others to obey it according to the Fundamental Laws of the Land The King declareth it to be contrary to the Fundamental Laws against the Subject and Rights of Parliament And commandeth all his Subjects of what sort soever upon their Allegeance not to obey the said Ordinance as they will answer the contrary at their perils So likewise in point of the King commanding the Attendance of divers of us upon his Person whereunto we are obliged by several relations of our Services and Oaths in case we comply not with his Commands we are liable to his displeasure and the loss of those places of Honor and Trust which we hold under him if we obey his Commands without the leave of the Parliament which hath not been alwaies granted we are liable to the Censure of Parliament And of both these we want not fresh Examples So that certainly this cannot but be acknowledged to be an unhappy and uncomfortable Condition I am sure I bring with me a ready and obedient Heart to pay unto the King all those Duties of Loyalty Allegeance and Obedience which I owe unto him And I shall never be wanting towards the Parliament to pay unto it all those due Rights and that Obedience which we all owe unto it But in contrary Commands a Conformity or Obedience to both is hardly to be lighted on The Reconciliation must be in the Commanders and the Commands and not in the Obedience or the Person that is to obey And therfore untill it shall please God to bless us with a right understanding betwixt the King and Parliament and a Conformity in their Commands neither the Kingdom in publick nor particular men in private can be reduced to a safe or comfortable Condition I