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A51589 Mvltvm in parvo, aut vox veritatis wherein the principles, practices, and transactions of the English nation, but more especially and in particular by their representatives assembled in Parliament anno Domini 1640, 1641 : as also, 1681 are most faithfully and impartially examined, collected, and compared together for the present seasonable use, benefit and information of the publick : as also the wonderful and most solemn manner and form of ratifying, confirming and pronouncing of that most dreadful curse and execration against the violators and infringers of Magna Charta in the time of Henry the Third, King of England, &c. ... / by Theophilus Rationalis ... Rationalis, Theophilus. 1681 (1681) Wing M3061; ESTC R32098 64,306 68

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House was flower in the work than was agreeable to his Majesties mind so intent upon some severe Proceedings against them Upon this he called the Lords and them together and by the Lord-Keeper his proper Speaker thus conveys his displeasure to them which being somewhat long and afterwards the Kings Speech also to them I shall refer you to the Book it self Page 24 25 26. The Commons nothing moved with those tart and vinacre expressions kept close to their proper stations and by way of Remonstrance replied the which you may peruse Page the 27th of the same Author To the Remonstrance the King answered briefly That he would have them in the first place consult about matters of the greatest importance and that they should have time enough for other things afterwards But the Parliament accounted nothing of so great importance as a vigorous proceeding against the Duke In order to which all encouragement is given by both Houses to any who would inform against him The Earl of Bristol vigilantly listned for this call and presently Petitioning the House he might be admitted to prefer an Accusation against him His request is readily granted The Duke alarm'd with this Petition Plots amain and high time either to divert or encounter him He perswades the King to send the Earl a Premonitary-Letter framed as a Memorial minding him of all the miscarriages relating to the Spanish Treaty and a Breviate of what became of his future charge and demanding withal his positive Answer Whether he would sit still from being questioned for any Errors past in his Spanish Negotiations and enjoy the benefit of the Pardon granted by the late Parliament or waving the advantage thereof put himself upon a Legal Tryal To this the Earl answered That it became him not as a Subject to urge a Tryal against himself but if His Majesty should call him to it he would willingly submit being confident his innocence would mediate for his future favour As for the Pardon he would not disclaim it though he was confident he should not need it for any Crime of Disloyalty to His Majesty or Treason against the State The King perceiving by this Reply the Earl resolved to persist commanded the Attorney-General to Summon the Earl to the Lords Bar as a Delinquent May the 1st Bristol appearing the Attorney told the Peers That he came thither to accuse the Earl of High-Treason with that the Earl said My Lords I am a Freeman and a Peer of the Realm unattainted I have somewhat to say of high consequence for his Majesties Service I beseech your Lordships give me leave to speak The Lords bidding him go on Then said he I accuse that Man the Duke of Buckingham of High-Treason the Articles of his Charge you may read Page 28. ut supra When the Earl had ended his Charge up starts no upstart Lord the Lord Spencer Is this all said he you have to say against the Duke The Earl replied Yes my Lord and I am sorry it is so much Then quoth the Lord Spencer if this be all Ridiculus Mus and so sat down again Upon this a Crotchet took the Lord Cromwell in the Crown and out he goes to Mr. Richard Spencer a younger Son of that Lord and a great Zealot in the lower House against the Duke Dick said he what is done in your House to day against the Duke My Lord said he he is charged with no less than High-Treason Tush Dick quoth the Lord High-Treason if this be all Ridiculus Mus. This high and daring challenging by the Earl prompted the Attorney to speed his Accusation against him which having Modell'd into Eleven Articles he brought in the next day Vide page 28. ut supra The Commons having presented their Accusation presently after sent a Message to the Lords desiring that the Duke might be Committed declaring that it did mis-beseem their House to permit a man so deeply Impeacht to sit in Councel with them The Court-party who had nimble Intelligencers understood this design from the very first result and plotted to treat the Commons with uniform Proceedings for at that very time Sir Dudley Diggs and Sir John Elliot were sent for out of the House by two Messengers of the Chamber who upon their coming forth shewed them Warrants for their Commitment to the Tower but it was resolved by the Judges that by their restraint no reason being given to the House for it the whole House was arrested and a Remonstrance was made to the King of their Priviledg whereupon they were released The Commons having sped so well the House of Peers began to claim their immunities making an Order that nothing should be transacted in their House until the Earl of Arundel were restored upon which instantly ensued the Earls Postlimination and re-admittance Popular disgust began now to break in upon the Duke with such a running and sweeping-tide as drew along with it by way of Concomitancy the Peerage nor could his new Dependents and Allies keep the Ballance Horizontial and even much less sway it and because his fate must result from them but not by weight but tale the old Trick of the Council of Trent was thought upon and a new Summons of Persons former Confidents to the Duke as the Lords Mandevil Grandison and Carlton into the row of Nobles But this project would not take for the House of Lords found an ancient Order That no Lords created sedente Parliamento shall have Voices during that Session but only shall have priviledg of sitting among the rest upon which their suffrage was excluded This gave the Duke a taste a bitter one of their inclinations so that finding but small favour to trust to he magnanimously stood upon his Justification And having his defence to his contentment June the 8th 1626 he presented it to the Lords who upon receipt thereof sequestred him from sitting any more as a Peer of the House until his Cause was determined whereupon he went away much dejected The Dukes Defence and the Commons Impeachment being long I shall not here insert but refer you to the Annals it self from whom I do transcribe this small Narrative This weighty Cause was managed by six Gentlemen viz. Mr. Glanvil Mr. Selden Mr. Pim Mr. VVansford Mr. Sherland to whom was added Sir Dudley Diggs as Foreman and Prolocutor and Sir John Elliot to bring up the rear Sir Dudley Diggs his Prologue for the extraordinary Elegancy of the frame and conciseness of his Metaphors I shall crave leave to insert as it was delivered unto the Lords before the Gentlemen of the House of Commons did present the 13 Grievances expresly this My LORDS THere are so many things of great importance to be said in a very little time this day that I conceive it will not be unacceptable unto your Lordships if setting aside all Rhetorical affectations I only in plain Countrey language humbly pray your Lordships favour to include many excuses necessary to my many infirmities In this
will doubtless several more when they shall meet sit to redress the present Grievances of the Nation against whom and his irregular ways there are by learned Gentlemen legal Articles of Charge to be delivered to your Lordships which I am generally first commanded to lay open First The Offices of this Kingdom that are the Eyes the Ears and the Hands of this Common-wealth these have been engrossed bought and sold and many of the greatest of them holden even in the Dukes own hands which severally and apart gave in former times and ages sufficient content to the greatest Favourites and were work enough for the wisest Councellors By means whereof what strange abuses what infinite neglects have followed The Seas have been unguarded Trade disturbed Merchants oppressed their Ships and even one of the Navy Royal by cunning practise delivered over into foreign hands and contrary to our good Kings intention employed to the prejudice I had almost said to the ruin of Friends of our own Religion Next Honours those most precious Jewels of the Crown a Treasure inestimable wherewith your Noble Ancestors my Lords were well rewarded for eminent and publick service in the Common-wealth at home for brave exploits abroad when covered all with dust and blood they sweat in service for the honour of this Crown What back-ways what by-ways have been by this Duke found out is too well known to your Lordships whereas it was anciently the honour of England as among the Romans the way to the Temple of Honour was through the Temple of Virtue But I am commanded to press this no further than to let your Lordships know one Instance may perhaps be given of some one Lord compelled to purchase Honour Thirdly as divers of the Dukes poor Kindred have been raised to great honours which have been and are likely to be more chargeable and burdensom to the Crown so the Lands and Revenues and Treasuries of his Majesty have been intercepted and exhausted by this Duke and his Friends and strangely misemployed with strange confusion of the Accompts and overthrow of the well-established ancient Orders of his Majesties Exchequer The last of the Charges which are prepared will be an injury offered to the Person of the late King of blessed memory who is with God of which as your Lordships may have heard heretofore you shall anon have farther information Now upon this occasion I am commanded by the Commons to take care of the honour of the King our Soveraign that lives long may he live to our comfort and the good of the Christian world and also of his blessed Father who is dead on whom to the grief of the Commons and their great distaste the Lord Duke did they conceive unworthily cast some ill ordure of his own foul ways Whereas Servants were anciently wont to bear as in truth they ought theit Masters faults and not cast their own on them undeservedly It is well known the King who is with God had the same power and the same wisdom before he knew this Duke yea and the same affections too through which as a good and gracious Master he advanced and raised some Stars of your Lordships Firmament in whose hands this exorbitancy of Will this transcendency of Power such placing and misplacing of Officers such irregular running into all by courses of the Planets such sole and single managing of the great affairs of State was never heard of And therefore only to the Lord Duke and his own procurement by mis-informations these faults complained of by the Commons are to be imputed And whereas for our most gracious Soveraign that lives whose Name hath been used and may perhaps now be for the Dukes Justification The Commons know well that among his Majesties most Royal Virtues his Piety unto his Father hath made him a pious nourisher of his Affections ever to this Lord Duke on whom out of that consideration his Majesty hath wrought a kind of wonder making Favour hereditary But the abuse thereof must be the Lord Dukes own and if there have been any commands such as were or may pretend his misinformations have procured them whereas the Laws of England teach us that Kings cannot command ill or unawful things whenever they speak though by their Letters Patents or their Seals If the thing be evil these Letters Patents are void and whatsoever ill event succeeds the Executioners of such Commands must ever answer for them Thus my Lords in performance of my duty my weakness hath been troublesome unto your Lordships It is now high time humbly to intreat your pardon and to give way to a Learned Gentleman to begin against him a more particular Charge Sir Dudley Diggs his Prologue being ended the Impeachment of the Commons it self was next read the which if you please you may peruse Page 40. in the said Narrative before mentioned with the Dukes Answer Defence and Reply to every particular Article thereof The Answer of the Duke to his Impeachment was a kind of a new Grievance to his Adversaries for it being contrived and so inlaid with modesty and humility it was like to have a powerful influence towards the conversion of many who expected a Defence of another and more disdainful spirit Again it seemed to instate him in impunity and the Commons having charged him as they thought through and through loth they were to fall short of Victory And now having pursued him with such vehemency thought themselves worsted should he now at the last make a saving game of it wherefore resolved they were to ply him with a speedy Reply But while they were hammering of it the King sent them a Letter demanding without farther delay their speedy producing their Bill of Subsidy to be passed to which to prevent their Dissolution they immediately conformed But first they had drawn up a Declaration of the same make and mind with their former Impeachment of the miserable estate of this Kingdom and not without some high Contests it was allowed by the House before the Bill of Subsidy Whereupon his Majesty was so exceedingly incensed King Charles his Second Parliament Dissolved as on the very next day June the 5th he Dissolved the Assembly though the Lords sent four of their House unto him beseeching him most earnestly that he would permit them to sit but two days longer but he answered Not a Minute The same afternoon the Earl of Bristol Arundel and Bristol confined the Dukes grand Prosecutor was committed to the Tower and the Earl of Arundel confined to his own house There came also forth from his Majesty a Proclamation for Burning all the Copies of the Commons Declaration made before the Parliaments Dissolution This Rupture of the Parliament The King charged with Imprudence being supposed to issue from the Kings great affection to the Duke I find him charged with deep imprudence and high oversight to hazard the Love of Millions for him only On Monday before this doleful disaster there happened a
agreed to give him five Subsidies whereof Secretary Coke was the first Evangelist and Porter of that good news to the King who received it with wondrous joy and asked the Secretary by how many Voices it was carried Sir John replyed but by one At which perceiving the Kings countenance to change Sir said he your Majesty hath the greater cause to rejoyce for the House was so unanimous therein as that they made but one voice whereupon the King wept and bad the Secretary tell them He would deny them nothing of their Liberties which any of his Predecessors had granted The stream of affairs running thus smoothly The Subjects Libetty under debate without the least wrinkle of discontent on either side the House of Commons first insisted upon the Personal Freedom of the People and resolved for Law That no Freeman ought to be imprisoned either by the King or Council without a legal Cause alledged This opinion of the House was reported to the Lords at a Conference by Sir Edward Coke Sir Dudley Diggs Mr. Selden and Mr. Littleton Sir Dudley Diggs citing Acts 25. vers 27. It seemeth an unreasonable thing to send a Prisoner and not withal to signifie the Crimes laid against him This business stuck very much in the Lords House The Lords nice in the business who were willing that the Nails should be pared not the hands tyed of the Prerogative several and great Debates there were about it The Attorney pleading eagerly though impertinently for the King and the ancient Records were so direct for the People and so strongly enforced as the Attorney had no more to say but only I refer my self to the Judgment of the Lords and when these Lords were to give Judgment concerning it the Ducal or Royal party for they were both one were so prevalent as they who leaned the other way durst not abide the Tryal by Vote but calling the Lord-Keeper down moulded the House into a Committee until the Lord Say made a motion That they who stood for the Liberties being effective about fifty might make their Protestation and that to be upon Record And that the other opposite party should also with Subscriptions of their Names enter their Reasons to remain also upon Record that so Posterity might not be to seek who they were who so ignobly betrayed the Freedom of our Nation and that this done they should proceed to a Vote At which the Court-party were so daunted as that they durst not mutter one syllable against it Personal Liberty being thus setled next they fall upon Liberty of Goods the unbilleting of Soldiers and nulling of Martial-Law in times of Peace and finding Magna Charta and six other Statutes explanatory of it to be expresly on their side they Petitioned the King to grant them the benefit of them whereupon he declared Himself by the Lord-Keeper unto them in his Verbis That He did hold the Statutes of Magna Charta and the six other insisted upon for the Subjects Liberty to be all in force and assured them that he would maintain all his Subjects in the just freedom of their Persons and safety of Estates and that he would govern according to the Laws and Statutes of the Realm and that his People should find as much security in his Royal Word and Promise as in any Laws they could make so that hereafter they should have no cause to complain and therefore he desired no doubt nor distrust might possess any man but that they would proceed speedily and unanimously on with their business This Message begat a new Question Whether or no his Majesty should be trusted upon his Royal Word Some thought it needless because of his Coronation-Oath binding him to maintain the Laws of the Land That Oath was as strong as any Royal Word could be Others were of opinion That should it be put to Vote and carried in the Negative it would be infinitely dishonourable unto him in Foreign parts who would be ready to say The People of England would not trust their King upon his Royal Promise At length in the height of this Dispute stands up Sir Edward Coke and thus informed the House We sit now in Parliament and therefore must take his Majesties Word no otherwise than in a Parliamentary-way that is The King sitting on his Throne in his Royal Robes his Crown on his Head his Scepter in his Hand in full Parliament both Houses being present all these Circumstances observed and his Assent being entred upon a Record make his Royal Word the Word of a King in Parliament and not a word delivered in a Chamber or at second hand by the mouth of a Secretary or Lord-Keeper therefore his Motion was That the House should More Majorum according to the custom of their Predecessors draw a Petition De Droict of Right to His Majesty which being confirmed by both Houses and assented unto by the King would be as firm an Act as any This Judgment of so great a Father in the Law The Petition of Right presented by this Parliament at this time ruled all the House and accordingly a Petition was framed and at a Conference presented unto the Lords the substance whereof after the recital of several Statutes relating to the Priviledge of the Subject was reduced to four Heads The Petition being presented to his Majesty after two several Answers thereunto which did not please the Parliament he did the third time give them this Answer the Petition being read thereunto Le droict soit faict comme il est desire This I am sure is full yet no more than I granted you in my first Answer you see now how ready I have shewed my self to satisfie your Demands so that I have done my part wherefore if this Parliament have not an happy conclusion the sin is yours I am free The King having ended the Houses testified their joy with a mighty shout and presently the Bells rung and Bonefires were kindled all the City over Nor was the true cause so distinctly known for many apprehended at first that the King had delivered the Duke up to them to be sent to the Tower on which misprision some said the Scaffold on Tower-hill was instantly pulled down the People said his Grace should have a new one It is said that the House of Lords made Suit to the King upon this happy accord That he would be pleased to receive into Grace those Lords who were in former disfavour which he readily yielded unto And admitted the Lord Archbishop of Canterbury Bishop of Lincoln the Earls of Essex Warwick Bristol and the Lord Say to kiss his hand The Petition thus granted the Commissions of Loan and Excise were instantly out-lawed and at the entreaty of the House of Peers cancell'd in the Kings presence Having thus secured the faults they removed the faulty and resolved upon a large Remonstrance to the King ripping up the Grievances themselves and the Authors of them This Remonstrance consisted of six Branches