Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	edward_n	king_n	prisoner_n	3,115	5	8.4781	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A75357	Anglia liberata, or, The rights of the people of England, maintained against the pretences of the Scotish King, as they are set forth in an Answer to the Lords Ambassadors propositions of England. Which ansvver was delivered into the Great Assembly of the United Provinces at the Hague, by one Mac-Donnel, who entitles himself Resident for his Majesty, &c. June 28/18 1651: and is here published according to the Dutch copy. Whereto is added a translation of certain animadversions upon the answer of Mac-Donnel. Written by an ingenious Dutch-man. As also an additional reply to all the pretended arguments, insinuations and slanders, set forth in the said Scotish answer written a while since by a private pen, and now presented to the publick.	MacDonnell, William, Sir.; Ingenious Dutch-man.	1651 (1651)	Wing A3178; Thomason E643_7; ESTC R18922	48,537	72

Romans whom they did acknowledge onely Civilli as Tacitus saith nor to any Directors Counts and Governors which were constituted by themselves The English have more then a thousand years been governed by Kings all sprung from the same Royal Stock to whom they have successively sworn Obedience and Loyalty The King of Spain after a war of almost eighty years hath in two solemne Treaties the one before the twelve yeares Truce and the other in the late concluded peace acknowledged the Vnited Provinces to be a Free State and that privative Whereupon his Catholique Majesty for himselfe and his Successors hath disclaimed all Pretences of Soveraignty here Whereas Charls the first that blessed Martyr whose innocent blood like that of Abels cries loud to the highest Heaven for vengeance against those who now sit upon his Throne not onely was but was ever by them acknowledged for their lawfull Soveraigne instead of disclaiming his Royalty over them as must be if the resemblance stand compleat was both devested of his power deprived of his life and his Princely Successor so far as in them lieth kept back and disenabled from the exercise of his undeniable power over them whereof let them find an absolute parallell from the Creation untill now In Israel King Ahab did tyrannize and as a man sold unto sin above others provoked Gods wrath against him In Rome there was Nero more like a Monster then a Man Amongst the Christans Christiernus in Denmark Wencelaus in Bohemia who was likewise Emperour behaved themselves so wickedly that it was said of them that they had east off humane nature Not much unlike to them was Richard the third called the Tyrant of England yet none of all these was ever condemned to die by the sentence of their subjects Insomuch that it is observed that the Israelites after they had deserted their King Rehoboam although an oppressor never enjoyed a happy hour but were infested with continual wars both civil and forraign til at last they were utterly destroyed and carried captives into Babylon Of Nero it was said primum damnati Principis exemplum I adde postremum non mactati tamen as in this case The Confederate Provinces were first forced in their Religion their persons and goods seized and 100000. of them killed The prevailing party in England after those insolent and high affronts done to his Majesty ere his constrained removal from his Court at White-hall took up Arms gave out Commissions levied men according to his Majesties last true and undeniable words and seized upon the Regalia before He once put himselfe into a posture of defence In the Low Countries their liberty was More Majorum fully restored to them without prejudice to any man In England Religion and Liberty are shamefully trampled under foot and the House of Commons so dismembred and its priviledges violated that the eighth part of ten were beyond all parallel cast out as the Declaration and Protestation of the secluded members Feb. 13. 1648. doth testifie The proceedings of the High and Mighty States are approved and justified by all the World on the contrary those of the English condemned and abhorred and by themselves confessed as irregular and unwarranntable a most pregnant proof and probatio probata of their wrong as is contained in the said Declaration of the Ministers The which premises the High and Mighty States being pleased to take into serious consideration according to their accustomed wisdome and justice and calling to mind those divers Treaties betwixt the Kings Royall Predecessors and their Lordships in his Majesties person yet firmly standing And seeing likewise divers of their Lordships resolved for a punctuall observation of a neutrality since the yeare 1642. betwixt the late King his Majesties Father of blessed memory and his Parliament the which by the partial confederacy with the one party now laboured for wil in all appearance be violated and infringed Therefore their Lordships are earnestly intreated not to hearken to the said Propositions as being prejudiciall to the King my gracious Masters interests and dangerous to this State likewise that the acknowledging them for a free Republick which possibly the condition of the times and benefit of Trade hath occasioned be not drawn into a further consequence much lesse an occasion given therby forge●ting Iosephs sufferings that the afflicted be yet more afflicted their Liberty retarded and their calamity lengthened His Majesties affairs God be praised are yet in a very good and hopefull condition farre better then some of his Royall Predecessors who have notwithstanding run through all difficulties and became considerable to their friends as formidable to their enemies King Robert the Bruce about three hundred years agoe being likewise by the Rebellion of his subjects and the disloyaltie of the Baliol and Cumming and their adherents fiercely assailed by King Edward of England who at once was possessed of most of the Towns and strengths in Scotland kept a Parliament in Saint Andrews took his Queen prisoner killed four of his brethren amongst whom were those duo fulmina belli defaced or removed all the Monuments and Registers of that Kingdom was constrained with one or two servants to hide himself among the Hills yet notwithstanding all this in a short time after recovered his whole Kingdom was Crowned with Honor and Glory and forced his insolent Enemie in confusion to fly from Sterling to Dumbarr and thence in a Fisher-boat Xerxes like escaped narrowly with his life I say Sterling Invictum fatale Scotorum propugnaculum Of which 't is said Hìc latium remorata est Scotia cursum His Majesties Royal Grand Father Henry the fourth King of France and Navarre yet of fresh memory was in a lower condition and had less power to resist those of the League and the powerfull King of Spain yet at last became victorious in the overthrow of his enemies to the great advantage and very considerable succour of the Netherlands The distressed condition of the Predecessors of the High and Mighty States General whom after so many changes the Almighty God hath to the admiration of the whole World brought into a safe Haven however Sirius a Spanish Writer jesting with those of Holland and their confederates did say What can the Hollanders do against the King of Spain as now some scoffingly aske how can the Scots stand against the powerfull English Is an eminent and visible example that it is all one with the Lord to help with few or with many and that when all strength and humane hopes do fail he will arise Gloriously for the deliverance of the righteous crowning them in the end with honor and good success I. Shal we then look upon the present successes and prosperity of that party as alone unchangeable for the which such strange grounds are by them pretended as are no where found being so Diametrically opposite according to the Declaration of the said Divines in and about London TO I. Gods holy word II. The instinct of nature III.

question when this Officer the King shall either for male-administration or treachery in his trust be put to death or banished with his whole family the Treaties Contracts and Alliances made in his name with any Forain State must needs continue in full force and power to all intents and purposes as long as the People and Community are in being whose Contracts they are To this accords that of Grotius likewise l. 2. c. 15. Si cum Rege contractum sit non statim personale erit censendum foedus i.e. If a League be made with a King it must not be presently looked upon as a personal League For as he saith in the same place after Pedius and Vlpian plerumque persona pacto inseritur non ut personable pactum fiat sedut demonstretur cum quo pactum est The person of the Prince is usually mentioned in the League not that the League should become personal but only to shew with whom it was made But it may be objected that the League with Holland extends not only to the King but to his Successors also 'T is true it doth hold as to the succession that is as long as the succession holds for Leagues must hold to the persons of Princes and their successors as all other Political Compacts between them do viz. with a tacit condition of holding their possessions If the King of Scots can with the peoples consent make good his succession in England then he may lay claim to the Treaties made betwixt England and Holland but in the mean time Hee and his Family being driven out for their Tyranny all the Right to those Contracts is to be exercised by another Succession and Form of Government that is established in the Right and by Authority of the people Nor can this Alteration of Government any whit alter the Case it being a right naturally inherent in all Nations to alter their respective Governments upon occasion into what form they please As long as the people remain the same specifical I do not mean the same individual people of England that they were when the right of Treaty was used and the Treaty with Holland made and ratified by the King in their behalf so long the effects of the Treaty or Treaties are in force to the same ends and purposes that they were at first intended Seneca saith by way of comparison Manet idem flumen aqua transmissa est the River remains the same though the water pass away and Aristotle 3. lib. Pol c. 2. traceth him in the same quaint way of allusion likening the People to a River which retains its old name and is said to be the same that it was long since though a continued succession of new waters doe flow in the Channel so the People that is now is the same in specie that it was an hundred or perhaps a thousand years since and is so called and reputed except it lose the name and estimate of a Nation by being captivated and caried away from their Countrey as the Jews were all in time from Jerusalem and the Holy Land or inslaved in their own Countrey by some Forain Power that holds them in Vassalage as the Olynthians were under Philip the Thebans under his son Alexander the Capuans under the Romans or as the old Britains were under the Saxons the Saxons under the Danes and afterwards under the Tyranny of the Norman Conquerour When their National Power and Authority is once extinct they no longer retain their former interest priviledge or dignity But none of these exceptions blessed be God can be verified upon the people of England who are seated pleno Jure in their own fortunate Island and established now in a greater measure of Honour Power and Freedom then ever we enjoyed for many hundred years before Foelices nimiùm bone si sua nôrint And therefore of necessity they must be accounted specifically the same Nation or people that they were when the Treaties were made and concluded betwixt England and the Netherlands though they be not the very same Individuall People and Government No matter saith Grotius l. 2. c. 9. how the Nation be governed whether by a King or by many or by the multitude For the people of Rome remained the same still in the various changes of Government under Kings Consuls and Emperours When the former is extinct a new form ever succeeds with power to govern act and transact in and for the behalfe of the people who being still the same not tied to Forms nor altered by Time over-look all Circumstances and lay hold upon the Substantials of their Interest and Government as they stand qualified and related both at home and abroad And truly it is very pleasant to observe in this particular how even Princes themselves acknowledge as much in their Practises towards each other in the changes of Government For the Duke of Burgoin having concluded amity with England in the person of Henry the 6. no sooner was Henry dispossessed and Edward the 4. invested but he immediatly renues the same League with England in the person of Edward Afterwards Edward hapning to be driven out it was so brought about by Burgoin that the Truce formerly concluded betwixt him and King Edward should in all things bee ratified and confirmed the King's name onely changed to Henry At length Edward made shift to recover all again and then Henry was once more dethroned which was no sooner done but Burgoin sent again a solemn Embassage to renue the Treaty and establish a firm League with England in the person of Edward It is to be observed likewise that during all these Changes Ambassadors went to and fro and all Forain Contracts and Alliances were kept entire without the least question on either side which may serve to inform us of these two particulars That in National quarrels about Title to Government Princes use not to dispute who is in the right or wrong but apply themselves without farther scruple to the parties in possession And secondly that however the Governours of a Countrey may be changed yet all the points of Alliance and Contract being centred in the right and benefit of the people continue unchangeable and entire under every alteration It were endless to reckon up all the examples that might be derived from the practises of States and Princes to confirm this particular we might shew you how the matter of Government being in dispute betwixt Queen Mary and her son James or rather his Guardians though Mary were dethroned and her Sons Guardians got the better yet the amity betwixt us and Scotland continued firm notwithstanding the deposition of the person of Mary But because the Scottish Resident seems to grant that Leagues may hold entire in State-Ruptures though a particular Prince be laid aside but not so if the frame of Government be altered therefore he may be pleased to consider that in the various revolutions of the Florentin Government when the whole frame was changed

yet most of their old Alliances and Contracts were renued still and retained in full force and vigour as well with the States and Princes of Italy as those of other Nations And as for the Hollanders though of late they boggled with us in the main yet they would gladly have renued so much of the old Treaties with the people of England as might have served their own turns not have ingaged them too far the reason why they kept off seems not to have been from any strength of Argument used by this Statizing Pretender but they had a stronger Argument of their own whose Premises and Conclusion lay a long time in Scotland from whence every Post they expected a resolution I shall close all with the testimony of that Learned Spanish Doctor Don Augustin de Hierro Atturney General of the Councel Royal in Spain c. produced by him in his late Charge against the Murtherers of Master Ashcam where insisting upon the point of Friendship betwixt England and Spain he proceeds thus That England saith he should be our Friend in statu quo nunc and that Peace should bee continued with her proceeds from right For Peace is not only made with the King but with the Kingdom also and though the first expires the last remains For put case that Peace be concluded with a Country without including the King either b● carelesness or some other accident yet the Peace stands good For so the Polish Magistrates answered the Emperour Ferdinand the second Faltando el Ray se conservan con el Reyno i. e. the King failing yet Peace is to be conserved with the kingdom So Bodin holds and urgeth a pregnant example to this purpose lib. de repub cap. 4. fol. 63. where he alledgeth the Answer which the Ambassadors of France made to Edw. the 4. King of England desiring aid from France against some rising subjects of his that had driven him out of possession and this desire he pressed by vertue of the League between them Which Answer was that the King of France could not help him in regard the confederations betwixt France and England were made betwixt the Kings and Kingdoms so that though King Edward was dispossessed therof yet the league amity remained stil with the kingd with the King Regnant Just so the Peace 'twixt the Kings and Kingdoms of Spain and England though Charles Stuart the King be wanting yet it may be kept intire with the Kingdom And his Majesty himself insinuates so much unto us continuing still his Ambassador in England For when a Peace is established 'twixt Kings and Kingdomes People Persons and Vassals though the King fail and the Kingdom receive a differing Form of Government yet the Peace holds good still because it aimed principally at the people and persons of both Nations and upon these terms the Peace was renued 'twixt Spain and England in the year 1630. as the French Mercury relates it The Result of all then out of the foregoing reasons testimonies and examples will be undeniably this that Contracts made betwixt States and Princes doe not relate singly and personally to themselves but are made Jure Populi in the behalf and for the good of the Community Though Governors and their Families may fail yet their Treaties are as eternal as the peoples interest which is their moving cause and their ultimate end And therefore as to our particular it must undeniably follow that those former Treaties made betwixt our Kings and the Vnited Provinces belong to us now of right if we please to claim or renue them having been ratified at first in respect only to the people of England No King can lay any claim of this nature but as he is an Officer of the people For that relation being once extinct there remains no Foundation for any future pretences CHAP. IV. THE two former Chapters being as the two Hinges whereupon hangs the main of the Controversie and having therein vindicated the principal points of the peoples interest in England our design in the next place is briefly to refute all the petty falshoods and insinuations which lie scattered here and there in the pretended Answer of our Scottish Pretender That which occurs in the first place is this where hee tells the States of the Vnited Provinces that the Predecessors of the present Governours in England were very inconsiderable in those days when the Treaties were made and that they had neither part nor participation in any of the favours and friendship afforded to the Netherlands This he saith by all circumstances may strongly be presumed A very strong presumption indeed it must needs be till he can name those Circumstances The Parliaments of England which were the Predecessours of our present Governours were not so considerable indeed as now they are and will be we shall easily grant because their glory and freedom was eclypsed by those unbounded Prerogatives which Kings and their House of Peers did usurp unto themselves over the Commons who naturally really and properly were to be esteemed the Parliament because they only sate and represented the people in their rights whereas the Lords sate only in their own rights or rather by vertue of that pretended right which Kings forgetting whose servants they are and for what end they were made had arrogated unto themselves in and over the people This was the reason why the Commons of England became more inconsiderable then by right they ought to have been Yet take them in their most inconsiderable state or in the lowest ebb of their Fortunes and we never see them so low but we find them admitted as partners in enacting of Laws and reputed as principal in granting Subsidies and other Supplies for the necessities and support of the Crown insomuch that no Aid-monies could be required of the people but by the Commons consent In Queen Elizabeth's time they were brought low enough as appears by her strange proceeding against Wentworth that was one of their Members which perhaps had not been so tamely taken from a Prince that had less influence upon their affections yet as low as they were the ancient Treaties betwixt Elizabeth and those Provinces were not made and renued nor were the favours and supplies both of men and money afforded unto that State but in the behalf of the Community out of the Purses of the Commons in whose name and right they were granted so that we leave the world to judge how nearly those Treaties did concern the the Commons and whether they being the undeniable Predecessors of the present Governours in England did not both partake and participate yea and were the Principall Party concerned in those tokens of favour and friendship which were then sont unto the Low-Country Provinces But to fright them from our friendship he tells them a strange Tale How big we are grown with monstrous mysteries of enlarging our Trade and Power 'T is more then probable that England in this new form will improve

proclaimed at Court in their Sermons that All was the Kings no man had any propriety in what he possessed so that the lesse credit is to be given to the Declaration of those pious Ministers as they are called against the Parliament whose partiall testimony is so much applauded by the Resident of Scotland Did Philip of Spain endeavour through his Agent D'Alva to settle his Tyrannies over the Provinces by force of Arms so did the late Tyrant Charls in England first plot a war and then set up his Standard and put the Parliament upon the Defensive as appears by the whole Series of his Councels and Actions whereto more credit is to be given than to his Posthume Book of Meditations which the Resident hath quoted with more affection than discretion Lastly are our Proceedings in England distasted by some of our neighbours through the malice and mis-representation of our English Fugitives So were those of the Hollanders through the malicious subtilty of the Spanish Agents and Ministers who laboured to incense all Christendom and draw the world about their ears till Forain Princes came to have a right understanding of the business So that you see Master Resident might have spared his Milk and Ink too for nec Ovum ovo similius one Egge cannot more exactly resemble another than the case of England in all particulars doth that of Holland in the manner of acquiring our Liberties and Freedoms Now he rails at our judging and beheading the late King and banishing his Family calling it abominable violence and such as the like was never heard of since the beginning of the world Therfore to rectifie the ignorance and malice of himself and his deluded party in this particular some few Instances and Examples shall be here inserted to shew it is no new thing that Kings have been and may be deprived or punished with death for their crimes in Government We read of Amon King of Judah that was slain by a part of the people because he walked not in the way of the Lord and though another part of the people were angry at it and avenged his death upon those that did it yet without question the execution was just according to the Law of God which was without respect of persons that the Idolater should die the death and no doubt the punishment had been inflicted by a Judicial Process had not so great a party of the people been addicted to his ways opposed it which opposition of their is usually the cause in all cases of this nature why Kings are not to be attached as well as other M●●efactors by an ordinary course of Justice Consider Ahab likewise who though he were taken off himself by divine Justice in the battel at Ramoth-Gilead and so escaped punishment by man for his idolatry and cruelty yet it was executed afterward to the full by John upon his Queen and the whole Family who were utterly rooted out and a blessing annexed to him and his heirs that performed the execution But some may say this fact was extraordinary being done by immediate command from God and so not fit for ordinary imitation Yet for Answer it is sufficient I say that it had a Legal ground viz. the ground of Gods ordinary judgement which commanded that all offendors of the same nature should die the death Gods extraordinary command being superadded to his ordinary Law doth as to us rather confirm then weaken the equity and justice of such a proceeding In like manner we read that the whole people took Amaziah King of Judah and slew him for his idolatry whether they did it by a way of Judicial process or not is not material but done it was and if it were done without process then much more are they to he justified that have the courage to imitate such noble acts of Justice by a solemn and serious proceeding The like had been executed upon Joas the father of Amaziah by a part of the people for his Murther and Apostacy Profane stories both ancient and modern are full likewise to the purpose Romultes the first King of Rome was for his tyranny cut in pieces by the Senate and Tarquin their last King was with his whole family cashiered the form of Government changed by the same power and upon the same occasion Many years after Nero the Roman Emperour was sentenced to death by the Senate which was not primum damnati Principis exemplum as the Resident alledges out of Suetonius The Senate being afterward in time cowed down by Heliogabalus their Emperour so that they could not take the ordinary course with him used means by corrupting the soldiery upon whose strength he depended to put him to death The two famous changes made in the Royal line of France depend upon two such noble pieces of Justice executed upon their Kings the first upon Childerick the third King of France who being judicially deposed by the Nobility and Clergy in Parliament the succession was then cut off from the family of Pharamond and confirmed to the race of Pepin till Charls of Lorrain the last of Pepin's race was in the like manner chastised by Parliament and the Crown translated to the successors of Hugh Capet who hold the same to this day though two of them likewise viz. Lewis the third and Charles le Gross have been judicially proceeded against in Parliament And though the people were so tender towards them as not to put them to death yet they were buried alive being mued up within the melancholy walls of some Monastery or else closely confined within the Castle of Orleans In Spain too we read of Suintila Don Alonson the eleventh and Don Pedro judicially proceeded against the first by the fourth National Councel of Toleao the second by publick Act of the Estates of the Realm in the Town of Validolid the third by the Estates of Castile all for their Tyrannical Government The like proceeding also was had against Don Sancho the second of Portugal also against Henry of Poland that was King of France Henry of Swethland Christiern of Denmark and Wenceslaus of Bohemia as also Edward the second and Richard the second of England These last are mentioned by the Resident himself but that which he mainly insists upon is that neither Christiern Wenceslaus Edward nor Richard were beheaded upon a Scaffold as was the late Tyrant Charls However it is sufficient they were judged more worthy of a Scaffold than the Throne and therefore it must needs be more honourable after the late Heroick Example of England that the Judgements of God should be executed in publick before all the world than that they should be stiffled in a Dungeon or the Majesty of them be less'ned by paltry private Assassinations or poisonings acted upon Royall Tyrants and Offenders Even the practise of Scotland it self will furnish us with Examples enough of this nature where no less than fifty of their Kings have been punished with death and the greatest part of