Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	death_n	king_n	scotland_n	3,763	5	8.3529	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41757	The grand indictment of high-treason against the Marquess of Argyle, at the instance of His Majesites advocat: exhibited to the Parliament of Scotland, with an account of what hath followed since thereupon.		1661 (1661)	Wing G1498A; ESTC R218495	26,442	24

safe until they had taken away his Majesties life at least you did know of the horrible and treasonable design of murthering his said Majesty and did most treasonably conceal and not reveal the same until after the said horrid deed was committed and so past prevention or remedy At which time in Anno 1649 publickly in face of the pretended Parliament then sitting you told that the Usurper Cromwel had told you That England and Scotland would never be at peace while the King were put to death By all which particulars respectively above rehearsed it is clearly evinced that you were and are Author Contriver Deviser Consulter Adviser or art and part of all the foresaid crimes of Treason and other above libelled or one other of them in manner above declared and thereby has incurred the pains and punishments of high Treason and others contained in the Laws and Acts of Parliament above written which ought and should be inflicted upon you with all Rigour in example to others in all time coming 31 January 1661. ORdered That the abovewritten Dittary be given to the Marquiss of Argile by a Herauld or Pursevant and he to answer thereto upon the eleventh Day of February next to come Edinburgh At the Parliament-House February 13. 1661. THe Marquess of Argyle being accused of High Treason at the instance of Sir John Fletcher his Majesties Advocat for his Interest was brought to the Bar His Lordship humbly desired but to speak a few words before read the Indictment assuring to speak nothing in the Cause it self Whereupon he was removed a little and after some Debate the House resolved that the said Indictment should be first read Then his Lordship desired that a Bill which he had caused his Advocats give in to the Lords of the Articles desiring a precognition with many reasons urging the necessity of it to which he had received no answer might be read before the said Indictment which being likewise refused the said Indictment was first read and after the reading thereof the Marquess being put off his first thoughts was compelled to this extemporary Discourse following as it was faithfully collected from several Hands who writ when his Lordship spoke May it please your Grace MY Lord Chancellor Before I speak any thing I shall humbly protest my words may not be wrested but that I may have Charity to be believed and I shall with God's assistance speak truth from my heart I shall my Lord resume Mephibosheths answer to David after a great Rebellion and himself evil reported of saith he 2 Sam. 19.30 Yea let him take all for as much as my Lord the King is come home again in peace into his own house So say I since it has pleased God Almighty graciously to return his Sacred Majesty to the Royal Exercise of his Government over these Nations to which he has undoubted Right and was most unjustly and violently thrust therefrom by the late tyrannizing Usurpers It is my Lord exceeding matter of joy to us all that that Iron-yoke of Usurpation under which we have these many years sadly groaned is now broke and with much freedom this High and Honourable Court of Parliament are meeting together under the refreshing warm Beams of his Majesties Royal Government so much longed for by our almost starved expectations and I do earnestly wish his Royal Presence upon his Royal Throne amongst us but since at this time that great happiness cannot probably be expected I am glad that his Majesties Prudence has singled out such a qualified and worthy person as my Lord Commissioner his Grace to represent himself whose unspotted Loyalty to his Majesty we can all witness I cannot my Lord but acknowledge that these two grand Mereies which comfortably attends my present condition one is The high thoughts I deservedly entertain of that transcendent and Princely clemency wherewith his Sacred Majesty is so admirably delighted abundantly evidenced by many noted and signal testimonies in all the steps of his Majesties carriage as those most gracious Letters Declarations and that free and most ample Act of Indemnity granted to all his Majesties Subjects excepting some of the immediat Murderers of his Royal Father to eradicate any timorous Jealousies of his Majesties gracious Pardon which might haply arise by serious reflectings convincing them forceably of their own miscarriages in these unhappy times of distraction The effects my Lord of which Princely deportment I am confidently hopeful his Majesty has experimentally and shall find prove one effectual Cement to concilliate the most antimonarchick and disaffected persons excepting some of those barbarous Phanaticks in all his Majesties Dominions most willingly to the subjection of his Majesties Royal Scepter and with a perfect hatred abominate all disloyal Practices in themselves or others in all time coming The second is my Lord When I consider that my Judges are not such as we had of late Strangers but my own Countrymen both which jointly together with the real sense and solid convictions I have of my innocency of these calumnies most unjustly charged upon me encourages my hopes the rather to expect such dealing as will most sympathize with that clement humour to which his Sacred Majesty hath such a natural propensity and such equal administration of Justice void of all byassing prejudices as will be most suitable to such a high and honourable Meeting I shall therefore my Lord desire to use Paul's answer for himself being accused of his Countrymen may not be mistaken he having a learned Orator Tertullus accusing him Acts 24.14 15 16. as I have my Lord Advocat Paul's was Heresie mine of another nature but I must say with him That the things they alledge against me cannot be proved but this I confess in the way allowed by solemn Oaths and Covenants I have served God my King and Country as he said which they themselves also allow I shall my Lord remember not with repining but for information my hard usage never having had my Hearing nor allowance of Pen Ink nor Paper nor the comfort of seeing my Friends freely until I received this Summons which was in effect a Load above a Burden Enemies both Scots and English out of Malice calumniating me for all the same things excepting what relates to his Majesties most Royal Father of ever glorious memory Therefore my Lord I beg charity and patient hearing not doubting but the wisdom and goodness of the Parliament will be so favourable and not as the inconsiderate multitude as a learned and able man * * Sir Walter Raleighs Preface to to the History of the World writes says he As we see in experience That Dogs they always bark at them they know not and that it is their nature to accompany one another in those clamours so it is with the inconsiderate multitude who wanting that vertue which we call honesty in all men and that special gift of God which we call charity in Christian men condemn without hearing and wound without

betwixt Straight and Crooked there is no midst but in Morals even the least Circumstances vary the Matter so that they are wont to have something betwixt them with such Latitudes that the Access is near sometime to this sometime to that Extream So that betwixt that which ought to be done and that which ought not to be done is interposed that which may be done but is nearer now to this than to the other Extremity or part whence ambiguity often ariseth The particular Circumstances are so obvious to every understanding Man that I need only to mention them Maxim 1 Polybius my Lord makes much of his History depend upon these three Concilia Causa et eventus and there are likewise other three Tempus Locus et Personae Counsels Causes Events Time Place Persons The change whereof makes that which is lawful duty unlawful and on the contrary so likewise in speaking or repeating words the adding or paring from them will quite alter the sence and meaning as also in writing the placing of the Comma's or Points will change the sentence to a quite other purpose than it was intended Maxim 2 There is my Lord another Maxim which I do not mention as always undeniable but when there is no lawful Magistrat exercising power and authority in a Nation but an invading Usurper in possession esteeming former Laws Crimes In such a case I say the safety of the people is the Supream Law Maxim 3 There is another Maxim which is not questioned by any and it is Necessity has no Law for even the Moral Law of God yields to it and Christ's Disciples in Davids example For this Seneca sayes Necessity the defence of humane imbecility breaks every Law Nam necessitas legum irridet vincula Necessity scorns the fetters of Laws So he that answers that Libel The long Parliament revived speaking of this last Parliament which his Majesty calls a blessed healing Parliament he says the necessity to have it may dispense with some formalities so Ravenella so much esteemed in matters of Scripture after he has divided necessity in absolute and hypothetick makes that of submitting to Powers of absolute necessity Josephus also my Lord that famous Historian when he mentioned Davids speech to his Children after he had made Solomon being but younger brother King he exhorts them to unity among themselves and submission to him and his Authority for if it should please God to bring a forraign sword amongst you you must submit to them much more then to him who is your brother and one of your own Nation Maxim 4 There is another Maxim my Lord Inter arma silent leges and it is well known that divers retours and other things in Scotland were done in consideration of times of Peace and times of War Maxim 5 Another Maxim Ex duobus malis minimum eligendum est cum unum eorum nequeunt evitari says Aristotle Cicero and Quintilian cum diversa mala inter se comparantur minimum eorum locum boni occupat Maxim 6 There is another Maxim No mans intention must be judged by the event of any Action there being oftentimes so wide a difference betwixt the condition of a Work and the intention of the Worker Maxim 7 I shall only add another Maxim It cannot be esteemed Virtue to abstain from Vice but where it is in our power to commit the Vice and we meet with a Temptation As I have named shortly some few Maxims my Lord I shall humbly tender some weighty Considerations to your Lordships thoughts Consider 1 The first Consideration is That there is different Considerations to be had of Subjects actions when their lawful Magistrat is in the exercise of his Authority by himself or others lawfully constituted by him and when there is no King in Israel Consider 2 The second is That there is a different Consideration betwixt the subjects actions when the lawful Magistrat is in the Nation and when he is put from it and so forced to leave the people to the prevalent power of a Forraign Sword and the Invader in possession of Authority Consider 3 Thirdly That there is a difference betwixt Subjects actions even with the Invading Usurper after the Representatives of a Nation have submitted to and accepted of their Authority and Government and they in possession several Years the Nation acknowledging their Constitutions and all the Lawyers pressing and pleading them as Laws Consider 4 Fourthly The actions of Subjects are to be considered when assisting the lawful Magistrat to their power and never submitting to the invading Usurper until they were prisoners and could do no better Consider 5 Fifthly That there is likewise consideration to be had of the actions of such Subjects being still prisoners upon demand under Articles to that purpose Consider 6 Sixtly It is to be considered likewise of the actions of such a Subject who was particularly noticed and persecuted by the Invader for his affection to the lawful Magistrat and his Government Consider 7 Seventhly It is to be considered that there is a great difference betwixt Actions done ad lucrum captandum and those done ad damnum evitandum that is to say Actions to procure Benefit and Actions to shun detriment Consider 8 Eightly It is to be considered that there hath ever been a favourable consideration had by any Prince of any person coming voluntarly and casting himself upon a Princes Clemency Consider 9 Ninthly It is to be considered that his Majesty himself hath a gracious natural Inclination unto Clemency and Mercy which hath been so abundantly manifested to his Subjects in England even to all except to some of the immediat Murtherers of his Royal Father that it cannot be doubted that the same will be wanting to his People in Scotland who suffered by them whom his Majesty hath graciously pardoned even for their dutiful Service and affection to his Majesty Therefore without thought of any prejudice to the Parliament or this Honourable Meeting I must make use of my Lord Chancellor of England his words though in another case saying There cannot too much evil befal those who do the best they can to corrupt his Majesties good Nature and to extinguish his Clemency For his Majesties self declared his Natural Inclination to Clemency in his Speech to both his Houses of Parliament in England whom he hath with all his people conjured desired and commanded to abolish all Notes of Discord Separations and difference of Parties and to lay aside all other Animosities and the memory of past Provocations and to return to a perfect Vnity amongst themselves under his Majesties Protection which is hoped all your Lordships will concur in having so worthy a Pattern to follow And as these are his Majesties Inclinations exprest so it is suitable to the Arms he bears as King of Scotland which is the Lyon whose Motto is known to all Nobilis est ir a Leonis Parcere subjectis debellare superbos Which is to say To vanquish and subdue the Proud and spare such as are submissive of the which Number I am one And for that effect in all Humility present this humble Submission to his Majesty and your Grace my Lord Commissioner in his Majesties Name