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A79846 A full ansvver to an infamous and trayterous pamphlet, entituled, A declaration of the Commons of England in Parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the King. Clarendon, Edward Hyde, Earl of, 1609-1674. 1648 (1648) Wing C4423; Thomason E455_5; ESTC R205012 109,150 177

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guilty of Treason by that act of his within the expresse words of the 2 Chapter of the 25 yeare of King Edw. 3. but by declaring that by leavying war against our Lord the King in his Realme which in that Statute is declared to be high Treason is meant leavying war against the Parliament and yet Mr. St. Iohn observed in his Argument against the Earle of Strafford printed by Order that the word KING in that Statute must be understood of the King 's naturall person for that person can onely die have a Wife have a Son and be imprisoned The Lord chief Justice Coke in his Commentary upon that Statute saith If any leavy War to expulse Strangers to deliver men out of Prisons to remove Counsellours or against any Statute or to any other end pretending Reformation of their own head without any warrant this is leavying war against the King because they take upon them Royall authority which is against the King and that there may be no scruple by that expression without warrant the same Author saies in the same place and but few lines preceding that no Subject can leavy War within the Realm without authority from the King for to him it only belongeth Preparation by some overt act to depose the King or to take the King by force and strong hand and to imprison Him untill he hath yeilded to certain demands this is a sufficient overt act to prove the compassing and imagination of the death of the King for this is upon the matter to make the King a Subject and to disspoyle Him of His Kingly Office of Royall government as is concluded by the same reverend Authour and likewise that to rise to alter Religion established within the Kingdome or Lawes is Treason These Declarers cannot name one person proclaimed a Rebell or Traytor by the King who was not confessedly guilty of at least one of these particulars and being so the King did no more then by the Law He ought to doe and Mr. St. Johns acknowledged in his Argument against the Earle of Strafford that he that leavies War against the Person of the King doth necessarily compasse His death and likewise that it is a War against the King when intended for the alteration of the Lawes or Government in any part of them or to destroy any of the great Officers of the Kingdome For the setting up the Standard it was not till those persons who bearing an inward hatred and malice against his Majesties Person and Government had raised an Army and were then trayterously and rebelliously marching in battle-array against his Majesty their Liege Lord and Soveraigne as appears by his Majesties Proclamation of the 12 of August 1642. in which He declared His purpose to erect His royall Standard and after they had with an Army besieged his Majesties antient standing Garrison of Portsmouth and required the same in which the King's Governour was to be delivered to the Parliament and after they had sent an Army of Horse Foot and Cannon under the command of the Earle of Bedford into the West to apprehend the Marquesse of Hertford who was there in a peaceable manner without any Force till he was compelled to raise the same for his defence and to preserve the peace of those Counties invaded by an Army and then when his Majesty was compelled for those reasons to erect his Standard with what tendernesse He did it towards the two Houses of Parliament cannot better appear then by His owne words in his Declaration published the same day on which that Proclamation issued out which are these What Our opinion and resolution is concerning Parliaments We have fully expressed in our Declarations We have said and will still say they are so essentiall a part of the constitution of this Kingdome that We can attaine to no happinesse without them nor will We ever make the least attempt in Our thought against them We well know that Our self and Our two Houses make up the Parliament and that We are like Hipocrates Twins We must laugh and cry live and die together that no man can be a friend to the one and an enemy to the other the injustice injury and violence offered to Parliaments is that which We principally complaine of and We again assure all Our good Subjects in the presence of Almighty God that all the Acts passed by Us this Parliament shall be equally observed by Us as We desire those to be which do most concern Our Rights Our quarrell is not against the Parliament but against particular men who first made the wounds and will not suffer them to be healed but make them deeper and wider by contriving fostering and fomenting mistakes and jealousies betwixt body and head Us and the two Houses whom We name and are ready to prove them guilty of High Treason c. And then his Majesty names the persons This was the King's carriage towards and mention of the Parliament very different from theirs who are now possessed of the Soveraigne power the Army who in their Remonstrance of the 23 of June last use these words We are in this case forced to our great grief of heart thus plainly to assert the present evill and mischief together with the future worse consequences of the things lately done even in the Parliament it self which are too evident and visible to all and so in their proper colours to lay the same at the Parliament Dores untill the Parliament shall be pleased either of themselves to take notice and rid the House of those who have any way mis-informed deluded surprized or otherwise abused the Parliament to the passing such foule things there or shall open to us and others some way how we may c. which would not have been mentioned here if they had been onely the extravagant act and words of the Army but they are since justified and made the words of the two Houses by their declaring in their late Declaration of the 4 of March in Answer to the Papers of the Scots Commissioners That if there be any unsound principles in relation to Religion or the State in some of the Army as in such a body there usually are some extravagant humours they are very injuriously charged upon the whole Army whereof the governing part hath been very carefull to suppresse and keep down all such peccant humours and have hitherto alwaies approved themselves very constant and faithfull to the true interest of both Kingdomes and the cause wherein they have engaged and the persons that have engaged therein so that this Remonstrance being the Act of the Generall Lieutenant-Generall and the whole Councell of War which is sure the governing part it is by this Declaration fully vindicated to be the Sense of the two Houses 22. The setting up a mock Parliament at Oxford to oppose and protest against the Parliament of England which his Majesty and both Houses had continued by Act of Parliament is in the