Selected quad for the lemma: prince_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
prince_n	england_n	king_n	wales_n	9,030	5	10.3396	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89552	The just measure of a personall treatie between the Kings Majesty, and both Houses of Parliament. Grounded on divinity, reason, history, divine and humane, common and civill lawes; with many other authentick authors. By R.M. of the middle Temple, Esquire.	R. M., of the Middle Temple, Esquire.	1648 (1648)	Wing M72; Thomason E451_40; ESTC R202844	16,371	20

hominem to convince any of that side concerning this truth But I desire that it may be remembred that it is proved before to be the duty of every loyall Subject to arrest Traitors and suppresse Rebells and withall that the King is a close prisoner that all addresse to him is blocked up by Vote and Ordinance that he cannot send his Commissions abroad that it is impossible that he should that per legem nemo tenetur ad impossibilia it being impossible to obtain the Kings Commission to chastise Traitors suppresse Rebels it is as justifiable for the preservation of the King Kingdom to raise arms in this case as it is in case a forein enemy were landed and ready to possesse one of the strongest holds in the Kingdome and the people within it should make resistance against that enemy without the Kings Commission or that one seeing a conspirator ready to stab the King and should prevent the stroak before he asked the Kings authority to preserve him from murder which if he should stay to do it might be too late to save his lifes for as the Poet saith Ignis ab exigua nascens extinguitur unda Ovid. Sed postquam crevit volitantque ad sidera flammae Vix putei fontes fluvii succurrere possint Therefore we must not expect to see the King at Liberty to grant his Commissions before they act for the preservation of the King and Kingdome but must make a vertue of necessity alwaies takeing this for an authentique Maxime in Law Quod id semper justum est quod omnino est necessarium It is necessary the Kingdom should be preserved it is therfore lawful it matters not which way But the case of those that shall engage in this warre will be much better The certainty of the Royall line saith that great Lawyer * Hobarts Reports f. 332. the Lord Hobart is the peace of the realme The most excellent Prince of Wales Qui coruscat radiis Regis censetur una persona cum Rege as the Law saith m 8. Rep. Cook the Princes case 21. Ed. 3. Fitzh Praerog 16. who is the perfect Image of his Father and shines with the glistering beams of Kingly Majesty and is esteemed one person with the King n Stat. 25 Ed. 3. c. 2. 1. H. 5. f. 7. and who ought to enjoy all the antient Prerogatives of the Crowne whose death to imagine compasse or conspire is as high a treason as it is the Kings o Br. Treason pl. 27. and against whom to fight he coming in aid of the King p Stamf. pl. de Coron f. 1. I. his father or to fight against those that shall assist him therein is also High Treason Hee I say is sufficient Commission in himselfe had he not the Kings Commission but to avoid all scruples he hath the Kings warrant and authority and issues out Commissions to such as require them in his own name as Generalissimo under his Royall Father of the three Kingdomes of England Scotland and Ireland to all such as defire them whereby all that scruple may be satisfied in the Justice and formality of their ingagements though there needs no such wary caution for mens undertakeings in so just and necessary a war unlesse it be that they desire to support this rule Abundans cautela non nocet which speakes more of curiosity then of necessity wherein not onely the safety of the Royall person of his sacred Majesty their Royall Soveraigne the preservation of his Crowne and dignity wherein all the peoples protection and safety is included the maintenance of the Lawes of the Land the Liberties and properties of the free people of England is so much concerned Nay I may justly say the health welfare and being of three famous Kingdomes lies at stake they being now in a way of ruine and destruction But to leave it without scruple that if the Prince had not Commission from the King yet both he and all the Subjects of England in his assistance may lawfully take armes in defence and preservation of the Kings cause and person and for his redemption forth of prison and this I shall prove both by sufficient presidents and the most uncontrollable Lawes that are We read in the Chronicles of England q Daniels Chron. p. 152. Sir Rich. Bakers Chron. p. 86. That Anno Christi Incarnationis 1256. in the 49. yeare of his raigne King Hen. 3. of that name King of England and Prince Edward his eldest sonne and heire apparent to the Crowne afterwards King Edward the first were taken Prisoners by the douze Peers or the twelve Governours of the Kingdome and their adherents at the battell of Lewis in Sussex King Hen. himselfe was conveyed by them Prisoner to the Tower of London and Prince Edward to the Castle of Hereford the King remaining still a Prsoner the Prince made an escape forth of the Castle of Hereford and in Wales and the parts adiacent raised an army and at Evesham in Worcestershire fought with these douze Peeres the chiefe whereof was Simon Monfort Earle of Leicester who thinking to make their party the stronger thereby declared for the King took him out of the Tower and brought him to the battaile but kept him as a Prisoner But the Prince declaring also for the King his Father the people rise in armes with him and defeated the Earles army killing him in the place with many others of his confederates and redeemed the person of his Royall Father from his imprisonment restored him to his Crowne who enjoyed it in peace afterwards till his death the fact of the Prince was approved of by the Law but those that fought against him were declared traitors and Rebells by act of Parliament r Dictum de Kenilworth an 51. H. 3. and paid their fines and forfeitures The like president we find in King Hen. 6. his time which is thus Anno Domini 1459. King Hen. the 6. was taken Prisoner Å¿ Martins Chron. p. p. 258 259 260. at the battell of Northampton by Edward Earle of March eldest sonne to Richard Duke of York afterwards King Edward the fourth and by his then assistant Nevell the great Earl of Warwick the King was conveyed as a prisoner to the Tower of London and afterwards inlarged from thence and committed to the custody of the Duke of Norfolk Queen Margaret wife to King Hen. 6. and his eldest son Prince Edward levied an Army overthrew the Duke of York at Wakefield and afterwards defeated the Duke of Norfolk to whom the King was a prisoner redeemed the Person of the King and re-established him in his Throne notwithstanding that neither of them were armed with either of the Kings Commissions for the doing thereof these presidents we have of the like undertakings many others I could produce out of the Annalls of France and Scotland if desire of brevity did not prevent me but both these and all others of this nature are

Westminster the King sitting upon the Throne or chaire of State they being no way enabled by the Law to treat with him in any other place or manner and in this place they are by the tenor of their Writ it being thus i Regist Bri. Cooks Instit 4. par p. Rex Vicecomiti salutem quia nos de avisamento assessensu Concilii nostri pro quibusdam arduis urgentibus negotiis nostris statum defensionem regni nostri Angliae Ecclesiae Anglicanae concernentibus quoddam Parliamentum apud Westmonast teneri ordinaverimus sbid cum Praelatis magnatibus proceribus dicti regni nostri colloquium habere tractatum c. by this Writ the Lords have a power to treat with the King sitting in their House of matters concerning the defence of the Realme and of the Church of England and the Commons may be present and are to consent to what the King and Lords shall agree of and in no other manner or place can they legally or with their owne safety treat with the King for as free Princes or equals they cannot treat with him the Law having invested them with no such powers or dignities the King being caput Regni and by the Law indowed with the Soveraigne power of the Realme and they being but Subjects and inferiour to him in all degrees either of power or abilities whatsoever In this capacity therefore as free Princes or equalls they cannot treat with him if they treat with the King any where but in Parliament and that of making of peace which is the ending of warre already begun by them and yet prosecuted against him and his loyall Subjects They must treat with him as his Subjects and if as his Subjects they therein will accuse themselves to be Traytors or Rebells in that they must treat of laying downe those Armes that they have unlawfully raised against him Therefore if they would follow mine advice they should treat with His Majesty in no other place then the Lords House and onely of those things that by their Writ they are inabled to viz. De arduis urgentibus negotiis Regem statum defensionem Regni Angliae Ecclesiae Anglicanae concernentibus Of those things that cencerne the preservation and defence of the King his state and dignity and of the Realme and Church of England and not to consult of a meanes or to demand those things that tend to the ruine and destruction of them all But in case the two Houses will not admit the King to come to the Lords House to treat with them or that if they should they demand of him those things that he neither can or ought to grant or part withall as the Militia his Negative voice or the destruction of the Church being intrusted with them by God and the Lawes for the good of the people committed to his charge and for whom he must give an account to God The Question will then properly fall out to be in the next place Whether the people of England may not justly levy Warre against them and whether the Warre be not just which Question I shall hold affirmatively Each Warre ought to have its foundation in reason and force imployed to a right use is no other then a servant to reason if then the two Houses shall deny a personall Treaty to his Majesty so qualified as afore-said whereby the Kingdome may be preserved from ruine it is agreeable to right reason that the people should use force and levy warre upon them to inforce them thereunto for when ordinary remedies doe faile by the rule of right reason men are warranted and bound for their owne preservation to recurre to extraordinary meanes provided that they be in themselves lawfull and therefore since the Houses have denyed the King a personall Treaty de integro tying him up to termes of condescention to the most weighty matters which should be the subject of the Treaty before they will entertaine a Treaty with him for the rest which can be onely of matters of small or no importance His Majesty having granted the things they demand of him before-hand the people may aid the King who is by the Law their only protector with their Armes for regaining their owne lawfull Liberties and His Majesties just Rights which will never be restored unto them by petitioning or any other civill course and therefore Grotius saith Vbi judicia deficiunt incipit bellum k Gro. l. 2. c. 1. sect 2. where legall or civill remedies are wanting or denied War may justly begin Plerique saith the same Author bellorum tres statunnt causas justas defensionem recuperationem rerum punitionem Most men do determine these three causes of Warre to be just defence of themselves recovery of their goods or estates and punishment for injuries done for as S. Augustine l Aug de fivit Dei l. 4. saith Injuria partis adversae justa bella ingerit an injury done by the Adverse Party doth ground a just Warre and what are just Warres he tells us in another place m Aug. l. 6. 9 10. Justa bella definiri solent quae ulciscuntur injurias those are just warrs which are levied to punish great injuries let all the world then judge whether according to these rules the Prince and the people of England have not just cause to take Armes the injury done to the person of his Royall Father is reputed to be done to the Prince himselfe the Prince then in defence of his Fathers person by force opprest for the redemption of it forth of prison for their recovery of the rights and revenues of the Crowne usurped and violated against all law and right by those what were called together to advise the best they could for it and have no manner or colour of Title unto it for the restoring of the people unto their antient Lawes and Liberties so much trodden upon and trampled under foot by those men who should be the chiefe preservers of them and for the resetling of men in their own proper offices estates and goods whereof they have been so illegally disseised sequestred devested robbed and dispossessed of And last of all to bring the Ringleaders of these so great evills innovations iniquities and injuries to restitution and condigne punishment and as the Prince so have the People justifiable cause and warrant to take armes and make warre against those robbers oppressors and usurpers who have not onely brought in all the innovations and injuries aforesaid imprisonments taxes arbitrary powers Excizes contributions impositions benevolences and myriads of evills onely to enrich themselves contrary to the knowne established and fundamentall Lawes of England and contrary to their promises and ingagements to the people to whom they promised that their welfare should be their supreme Law and care for as Plato saith n Plato in Alcib Justa bella geri possunt non modò si quis vi opprimatur aut expiletur verumetiam

si deceptus fuerit Just wars may be waged not onely where a man is opprest by force or plunder of all he hath but also where he hath been cheated and cozened have any people under heaven been so cheated and cozened as the people of this nation have been cheated and cozened by those that usurp the present Government Did they not at first so creep and insinuate themselves into the affections of the people give out that they would make his Majesty the most potent rich and glorious King in Christendome that they would make the people a mighty wealthy and flourishing people that they would reforme all the abuses both in Church and State and settle the three Kingdomes in a firme and lasting peace and have they not contrary to all their promises Protestations and Declarations to this purpose imprisoned his Majesties sacred person deprived him of his power robbed him of his Royall revenue and as much as in them lay sought to weaken his Majesties reputation both with his allies abroad amongst forraine Nations Princes at home amongst all his Subjects of his three Kingdomes Have they not instead of making the people of this Land a flourishing wealthy people weakned them with a long barbarous and civill Warre exhausted them with Contributions loaden them with Taxes polled them with Excize and benevolences wearied them with continuall Impositions and almost lost the reputation of the Nation in all forraigne parts Have they not instead of reforming the abuses in Church and State almost destroyed both instead of Monarchy brought in an Anarchy in the State and instead of unity and uniformity in the Church let in accursed Heresie ugly multiformity and fantasticall unstable Independency Nay I might say almost Turcisme or Atheisme And to conclude instead of setling the peace of the three Kingdoms have they not though petitioned thereunto by many Counties refused to restore His Majestie to disband their Army by which they resolve to govern and conquer the Kingdome to keep the people in thraldome all their lives yea and cut the throats of all such as shall come to Petition them as they did Surrey-mens and doe they not now make war upon Kent and Essex in order to these ends Let this be denied by any sober and indifferent man if he can and being granted I conclude infallibly upon all the rules grounds aforesaid that it is lawful both for the Prince people if they shall deny His Majestie a personall Treaty so qualified as aforesaid to make warre against them and that such a warre is just Sapienti Sal. in orar ad Caesar est saith Salust pacis causâ bellum gerere wise men make warre to obtaine peace and S. Augustine o Aug Ep. 1. ad Bonifac Non pacem quari ut bellum exerceatur sed bellum geri ut pax acquiratur men must not seek peace to the end they may exercise warre but men must make warre that peace may be obtained And to deale candidly with the world in this point mine owne private opinion is that a good and firme peace can never be obtained in this Kingdome without a vigorous war well prosecuted on his Majesties behalfe That by the Lawes of God of nature and of England the Subjects of England are bound to rise and joyne in Armes for the rescue and relief of the King out of prison and to follow the Prince or any other of the Kings Subjects or friends that shall take Armes for the King and lead an Army to that purpose notwithstanding that they have not the Kings actuall Commission FOr Subjects to imprison their King it 's against all Laws especially the Laws of England and not only an injury to the Person of the King but the greatest prejudice that may bee to the right and interest of the Subject for since the Lawes doe tell us that a Hobarts Reports p. 218. Rex est centrum stabilimentum justitiae the King is the Center and support of justice b Plow Com. 242. 12. H. 7. f. 17. and that all administration of justice is both derived from him and belongs to him originally c Case de pen. Statutis Cooks Repor and is inseparable from him since the King is d Beverleyes case Cooks 4. Reports so 124. Caput salus reipublicae à Capite bona valetudo transit in omnes the head and health of the Commonwealth and from this head the health of all the people is derived e Calvins case 7. par Cooks Reports since that all protection of the people must come from the King and none other can protect the Subjects of the Kingdome but the King alone f Hobarts Reports f. 112. since the Law tells us that the reformation of all wrongs and injuries done to the people belongs to the King g Plow Com. 268. since the King is the chiefe Captaine of Chivalry within the Kingdome h Cooks Com. sur Littleton f. 75 76. Calvins case ubi supra since that the Militia doth wholly belong unto him and hath so done to his Royall Progenitors ever sithence the raigne of King Edward the Confessor i Cooks Inst 3. par f 160. 201. Stat. of Northampton ● E. 3. c. 13. and that no men may arme themselves in this Kingdome without the Kings assent k Cooks Instit 4. par p. 91. since that the King is subject to none within this realme since that the Law speakes it l Hobarts Reports that accesse to the King may not be shut up from the Subjects m Cooks Instit 4. par p. 93. which to do is a great presumption since as Fortescue saith n Fortescue c. 13. Rex ad tutelam legis corporum bonorum erectus est the King is ordeined for the preservation and defence of the Lawes and of mens bodies and goods and as Bracton notes o Bracton l. 2. p. 55. ch 24. Bract. l. 3. de astionibus Vt populus sibi traditus à Deo in pace sileat quiescat nè quis alterum verberet vel malè tractet nè quis alienam rem per vim vel per roberiam auferet vel asportet nè quis hominem mahemiet vel occidat That the people committed unto him by God may rest in peace and quiet that one beat not nor evill intreat another nor take and carry away another mans goods by force or robbery now called plunder nor that any one of them kill and maime another and since as the same Author saith * Bract l. 2 ubi supra Rex habet c. the King hath all rights in his hand which belong unto the Crown all temporall power that is the Militia or the power over the people and the materiall Sword which is necessary to the Government of the Kingdome and since that the King hath the only Jurisdiction of Judgement within this Kingdome that thereby as the Minister and Vicar or