Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	day_n	keep_v	law_n	10,477	5	5.1659	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91283	A soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. Wherein divers serious considerations tending to this purpose are propounded both to the King and subjects, the Parliaments and Sir Iohn Hothams proceedings at Hull and in the militia justified, Sr Iohn Hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his Majestie to rayse an army, or a most unnaturall civill warre in his kingdome. With a most serious exhortation both to the King and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration.	Prynne, William, 1600-1669.	1642 (1642)	Wing P4086A; Thomason E239_6; ESTC R19412	26,708	37

of this Towne and Magazine is no Treason no nor yet so much as a Trespasse or offence in point of Law I have sufficiently demonstrated in the r premises Whether his denying his Majestie to enter Hull and his keeping possession of it be high Treason will there be the sole question which before I shall determine I shall truly state the case ſ Sir Iohn Hotham by Order of both Houses of Parliament was enjoyned to keep possession of the Towne and Magazine at Hull for the prevention of Civill-warres and preservation of the peace and safety of the Realme which some malignant Spirits advised his Majestie to seize on and turne against the Kingdome and not to deliver them up to any whatsoever without their speciall Order The King on the 23 of Aprill rode to Hull attended with about 400. Horse the Duke of Yorke and Prince Elector being at that instant royally entertained by Sir Iohn Hotham in the Towne who came thither the day before and required Sir John Hotham to deliver up the Town into his hands Who perceiving his Majestie to be accompanied with such force as might have mastered the Garison of the Towne and having received Intelligence of an intention to deprive him of his life if the King were admitted informed his Majestie of that trust reposed in him by both Houses that he could not admit him into the Town without breach of that trust and therefore humbly beseeched his Majestie to give him leave to send to the Parliament to acquaint them with his Majesties commands and to receive their directions thereupon which hee would do with all expedition His Majestie rejecting this Answer presently caused him and his Officers to be proclaimed Traytors before the Towne Walls and dispatched a Message to both Houses charging Sir Iohn Hotham with high Treason aggravating his offence and demanding Justice against him The Parliament upon true Information and stating of the case the 28. of Aprill 1642. resolved upon the Question That Sir Iohn Hotham according to his Relation had done nothing but in obedience to both houses of Parliament That this declaring Sir John Hotham Traytor being a Member of the house of Commons is an high Breach of Priviledge and being done without processe of Law is against the liberty of the subiect and the Law of the Land This being the true state of the case I shall clearely manifest by the Law of the Land this Act of Sir Iohn Hothams to be no Treason and he no Traytor It is irrefragably evident by the Statutes of 1 E. 6. c. 12. and 1 Mariae 1. Session Rastall Treason 20. that there is no Treason at this day but what is within the very Letter of 25 E. 3. c. 3. all other Treasons being repealed by these Acts or expired The Question then will be Whether this case be within the very Letter of 25. E. 3 Certainely there is not one syllable in this Act which concernes this case The King pretends it is within these words If any man do levy Warre against our Soveraign Lord the King in his Realme that it is Treason by the Letter of this Act. But here there is no levying of war no act of hostility or war was exercised by Sir Io. Hotham against the K Sir to Hotham was onely passive defensive not active he only denyed his Majestie the possession of the Town by order from Parliament to prevent warre and preserve peace and if he be a Traytor the whole Parliament must be much more Traytors who put him upon this service Qui●… plus peccat Author quam Actor as our Law determines Therefore this neither is nor can be any leavying of Warre against the King or Treason within this clause This is most apparant by the Statute of 5. and 6. Ed. 6. c. 11. Which because the detaining of the Kings Forts from him was not within the words or intention of 25. Ed. 3. did specially enact That of any person or persons after the first of Iune Rebelliously marke the word do detaine keepe or with-hold from our Soveraign Lord his heires and successors any of his or their Castles Fortresses or holds within this Realme or any other the Kings Dominions or Marches Or Rebelliously keepe detaine or with-hold from his said highnesse his he●res or successors any of his or their Ships Ordinances Artillery or other Ammunitions or Fortifications of Warre and do not obediently render and give up unto our said Soveraign Lord his heires or successors or such persons as shall bee deputed by them such Castles Fortresses Fortilesses Holds Ships Ordinances Artillery or other Munitions or Fortifications of Warre rebelliously kept or detained within six dayes nex after they shall be commanded by our said Soveraigne Lord his ●eires or Successors by open Proclamation under the great Seale the same Proclamation to be made in such place and order so as the party and parties to be charged by this Act may conventently have notice or knowledge thereof that then every such person or persons so offending in any the Premises their Abbettors c. Being lawfully convicted of the Rebelliously keeping or detaining thereof according to the Lawes and Statutes of this Realme shall be adjudged Traytors and shall suffer paines of death and lose and forfeit all their goods and chattles Lands and Tenements unto the King as in cases of high Treason This Act makes the detaining of any of the Kings Castles Forts c. Treason But yet with these three Limitations First that they must be Rebelliously kept and with-held which Hull was not but onely by Order of Parliament for the Kingdomes peace and safety Secondly that they must be ●etained six dayes at least after command to surrender them But the King proclamed Sir Iohn Hotham a Traytour for not delivering up Hull the same day and houre he demanded it without giving him any respite which is contrary to this Act Thirdly There must be a Proclamation under the great Seale to demand the Forts and Castles and the same Proclamatio must be so made that those who detain them may have notice of it But in this case there was no such Proclamation made against Sir Iohn Hotham but by an herald by word of mouth and so no Treason within the Law admit it were in force But this Law and clause which if in force might have given some colour to his Majestie as all Judges and Lawyers resolve was totally repealed by the statute of 1 Mariae R●stall Treason 20. which expresly repeales all other Treasons but those within the very Letter of 25. E. 3. and so the detaining of any Forts or Castles at this day from the King is no Treason because not within the words of 25. E. 3. chap 3. the onely Standard and surviving Law to judge Treasons by This Statute of 5. Ed. 6. c. 11. being repealed and this case being not within the Act of 25. ● 3. the Parliament in 14. Eliz. was enforced to make a speciall Law which

their peoples safety as in truth they ought to be they durst not then leavy warre against them much lesse excite them to shed one anothers bloud If these divine precepts and examples bee not sufficient to cleare this shining truth I shall adde some humane authorities to ratifie it and that both of Pagans and Christians To begin with Pagans Resolutions it was a worthy saying of f Pelopidas when going forth to Battle his wife wished him to save himselfe others quoth he are to looke to this but a Prince and Emperour ought to take care how he may save his Subjects g a good Prince writes Q● Curtius esteemes the safety of his subjects more deare unto him then his owne life It is an excellent Observation of h Seneca that though all other Bees have stings which they leave in the wound yet the King among the bees hath no sting at all for nature would not have him to be cruell nor revengefull to his cost and therefore hath taken away his sting and left his anger unarmed This should be a great example to mighty Kings let them be not ashamed to learne manners from small creatures seeing the minds of men ought to be more moderate by how much the more vehemently it may do harme Security is to be gained by mutuall security c. Kings have one impregnable fortification the love of their subjects which they shall then be sure of when they deeme the Common-wealth not to be theirs but they to be the Common-wealths And he concludes thus i There is no Ornament more worthy and more becomming a Princes Highnesse then that Crown ob c●ves servatos for preserving and saving his subjects Not hostile Armes taken from the conquered not the Chariots of the Barbarians died with blood not the spoiels gained in warre Many more instances of this nature I pretermit for brevity to passe from Pagans to Christians k Constantine the great was wont to say that an Emperour ought to spare no not his owne members for the preservation of the peoples tranquility Pope Elutherius in his l Epistle to our King Lucius the first Christian King about the yeare of our Lord 169. writes thus to him The Nations and people of the Kingdome of Britaine are yours which being divided you ought to congregate and reduce into one to concord and peace and to faith and the law of Christ and to the holy Church to cherish protect maintain governe and defend them from injurious and malicious persons and enemies A King is named from governing not from a Kingdome Thou shalt be a King whilest thou rulest well which unlesse thou shalt do the name of a King shall not remaine in thee and thou shalt loose the name of a King which God forbid Finally to close up this Proposition the Kings of England and so the Emperours with most other Christian Princes doth take this solemn oath and make this serious Protestation to their subjects at the Coronation m I will keepe peace and godly agreement intirely according to my power both to God the holy Church the Clergy and the People By which oath they are obliged under pain of highest perjury to preserve the generall peace of the Kingdome and people to avoid all civill Warres unlesse in case of their subjects open Rebellion not any otherwise to be suppressed but by a warre against them and not to arme one subject to assault or destroy another Neither is this a late devised oath in Henry the fourth his time but King Henry the first King Stephen Richard the first King John and Henry the third as Mathew Paris records in their lives tooke the same oath at their Coronations and promised faithfully to fullfill it and all our other Kings since have done the like From this first Proposition thus aboundantly ratified these conclusions necessarily ensue First that his Majestie cannot without great sin and willfull perjury rayse a Civill Warre against the Parliament and Kingdome and excite his loving subjects who have lived in peace for so many yeares and are all of one Nation one Religion one flesh and blood without any just cause most unnaturally to destroy and murther one another and so to ruine their owne native Countrey and undoe themselves and their Posterity Secondly that no faithfull subjects ought to foment or promote such an unreasonable unnaturall Civill Warre or give any assistance to it in the least degree upon any considerations whatsoever but to the uttermost of his power by his prayers and all other lawfull meanes to prevent oppose and withstand it for the preservation both of the King Kingdome Parliament their own Liberties Inheritances Lives Persons Families E●tates and Religion and to unite all their Forces to ●●●inguish the ●●●ames of civill dissentions already kindled among us Thirdly that those malignant spirits who counsell and instigate his Majestie to a Civill-warre against his Parliament and people are most unnaturall Vipers and Traytours to their Coun●rey desperate Rebells against God and most execrable wicked persons and so God himselfe hath proclaimed them to all the world Isa. 59. 5. to 10. They hatch Cokatrice egges and weave the Spiders Webb he that eateth of their egges dyeth and that which is crushed breaketh out into a Viper their workes are workes of iniquity and the Act of violence is in their hands their feet run to evill and they hast to shed Innocent blood their thoughts are thoughts of iniquity wasting and destruction is in their paths the way of peace they know not there is no judgment in their goings they have made them crooked paths whosoever goeth therein shall not know peace And Rom. 3. 13. to 19. Their throat is an open Sepulere with their tongues they have used deceit the poyson of Aspes is under their lips their mouth is full of cursing and bitternesse their feet are swift to shed blood destruction and misery are in their wayes and the ●ay of peace they have not known there is no feare of God before their eyes O miserable unhappy Princes who are advised seduced by such pernicious Counsellors O rash i considerate wretched people who are besotted by them so farre as to take up Armes against their native Countrey to b●come their own their Brethrens the Parliaments and Kingdomes Executioners and thereby most * detestable Traytours as all such who take up Armes against the Parliament are adjudged to be in the Parliament of 11. R. 2. the record whereof was published in print by Order of both Houses May 27. 1642. to which I shall referre you Fourthly that if the King against his Oath and Office will without just cause make warre upon his Parliament and Kingdome they may lawfully take up Armes for the preservation of the Kingdomes peace and their owne just defence for when the King who should protect them will against the trust and duty of his Royall Dignity set himselfe to destroy them they having no other protection