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	realm_n	6,334	5	8.5019	4	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

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 Printed in the Yeere 1648. The just measure of a personall Treaty between the Kings Majesty and both Houses of Parliament There are these only waies to reform these innovations and to prevent the ruin of the Kingdome 1. By a personall Treaty and how conditioned 2. If that may not be obtained so qualified from the Houses it is lawfull to levy Warre against them and that VVarre is hereby proved just A Personall Treaty between His Majestie and the two Houses of Parliament would be a Soveraigne remedy against the innovations and growing evills of this Kingdome and an assured meanes to settle a firme peace in it provided that this Treaty be thus qualified both for the manner and matter of it for if it be otherwise I am much afraid it will prove both unprofitable and ineffectuall First it ought to be when his Majestie is free and at liberty without any preingagement on his Majesties part either by concession of any thing which they demand as an inducement thereunto at least of the most materiall things which the Treaty should consist of such as the Militia the setling of Presbyteriall Government and the rest now lately offered to his Majesty to be granted unto them for untill his Majestie be set free and at liberty without any conditions preceding unto it His Majestie cannot properly or securely for the good of the people treat of any matter conducing to a Peace a Grotius de jure belli pacis lib. 3. cap. 10. sect 3. Nam as learned Grotius saith Rex qui aetatis est ejus quae judicii maturitatem non habet qui imminutae mentis est qui captivus aut exul pacem facere non potost A King that is under age of an infirme mind a captive or an exile cannot treat of or conclude a peace And else where b Grotius lib. 3. cap. 20. sect 2 Sicut Rex infans jus habet sed imperium exercere non potest sic furiosus captivus As a King that is an infant hath right to govern but cannot exercise his dominion no more can a King that is a mad man or a Prisoner and without the King there can be no peace made treated on or concluded in this Kingdome for the King having by the Law of England the Soveraigne or supreme power of the Realme as is amply manifested by the precedent discourse he hath the only power to make peace and war as the same Author observes c Grot. l. 3. c. 20. Sect. 2 Pactiones inire quae bellum finiant eorum est quorum est bellum Rei enim suae quisque est moderator unde sequitur ut in bello utroque publico hoc eorum sit qui summum imperii exercendi jus habent Regis igitur hoc erit in statu verè regio modò is Rex etiam jus non habet impeditum It is their office and to them it belongs to make leagues or pactions to end a warre to whom the right of making warre belongs for every one ought to be a moderator in his owne affaire from whence it followes that in every publique warre it is their right to make warre or peace which have the right to exercise the soveraigne power therfore it is the Kings right only to make warre or peace in his Kingdom so that the Kings right be not hindred in the exercise of it that is by infancy imprisonment or the like infirmities aforesaid this is the judgement of a most learned man what fruit then can be expected of or from a Treaty with his Majesty dureing his restreint or imprisonment certainly none nay if his Majesty should grant what they desire dureing his imprisonment and being inforced thereunto for his enlargement what validity were there in such a grant certainly none it being a cleere truth as that great Lawyer Bracton observes d Bract. l. 2 c. 5 sect 14. f. 17. Quod in nullo casu valet donatio cùm quis fuerit in Prisona vel quia hoc facit per coactionem quia potestatem sui non habet nec eorum quae sua esse debent potestatem habebit sicut ille qui in servitute fuerit nihil possidere poterit quia possidetur ita nec ille qui possidetur ab hostibus vel detentus fuerit a concession or grant is in no case valid so long as a man is in prison where he is in prison by force and not by right where he is inforced to make such grant because he hath not then the power of himselfe and having not power of himselfe he hath not power of any thing that is his for as he which is in servitude can possesse nothing because he is possest so neither can he which is in the possession of his enemies or deteined by them in prison neither can we from any rule of policie expect that whatsoever the King is inforced to grant by any restraint or coertion if the grant were in it selfe good the thing could be of any continuance since the nature of all grants and accords is to be voluntary therefore Clement Edmonds in his observations upon Caesars Commentaries well noteth e Clem. Edm. p. 629. That no accord made by force can be truely kept and Machiavel plainly excuses the breach of them saying f Mach. Discourse upon Livy pag. 629. that it is no dishonour to violate those promises grants or accords which by force a man is constreined to make and that promises or accords extorted regarding the publique wil be broken without the disgrace of him that breaks them upon this ground did the Estates g of France refuse to submit to that accord tréaty of Peace made between K. Edward of England and John King of France who was taken at the battell of Poitiers and brought by King Edward Prisoner into England where the said treaty and accord was made during his imprisonment upon the like ground did King Francis the first of that name King of France avoid his treaty and accord made which Charles the Emperor whilst he was Prisoner at Madrill in Spaine by which treaty he was obliged to grant unto the Emperor all his right in the Dutchy of Burgundy which after he was set at liberty he refused to doe because that accord was made during his restreint By these authorities presidents I conclude that it is necessary that the King should be set at liberty before he can be in a condition to grant or treat of any thing concerning the publique order for the good of the subject The place where the treaty must be is also of consideration for the Lords and Commons assembled in Parliament can treat with the King in no other place then in the Lords house at