Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	father_n	king_n	scotland_n	3,079	5	8.4032	4	false

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

warranted by the immutable and dispensable Laws of God and nature t Exod. 10. 11. 21. 17. God hath commanded children to honour their father and mother this is a Morall and an eternall Law ever to be performed by children to their Parents u Matth. 15. 4. our most blessed Saviour hath so declared it upon which place x Iunius Tremellius Arrias Montanus Junius and Tremellius and others agree that Honoris nomine intelligitur officii omne genus quod à liberis parentibus debetur hic vero juxta proprietatem sermonis Hebraicae magis pertinet ad subsidium quàm ad salutationem ac civilia illa vitae officia By the word Honor say they is meant all kind of duty that is due from children to their Parents but in this place by reason of the propriety of the Hebrew Speech it rather signifieth aid or assistance then salutation or other civill duties of life so then in this case by the Law of God the Prince is bound to aid the King his Father by every possible meanes he can both in civill and military affaires and by the equity of this Law all the Kings Subjects are bound to doe the like as the King is Pater patriae the Father of the Countrey and common Parent of us all and as children servants and Subjects are bound by the Law of God to aid and assist their Father and King so are they no lesse bound by the Law of nature for both are by the same Law obliged to be instrumentall to their Father Master or Common Parent in all cases of aid in time of necessity were there no inducement of their owne profit inviting them thereunto for as learned Grotius hath it y Grotius de jure belli pacis l. 2. c 5 sect 2. 3. Sunt diversa hominum inter se vincula quae ad opem superiorum invitant tale instrumentum est Patri filius pars ejus quippe naturaliter tale servus quasi ex lege quale autem in familiis est servus tale in republica est subditus ac proinde instrumenta imperantis ut bellum licitè gerant There are saith he by the Law of nature divers bonds between men which invite them to the aid of their Superiours such an instrument ought the son be to the father because he is naturally a part of him such an instrument ought the servant be to the master because he is bound thereunto by the Law of Nations which is the part of the law of nature and such an instrument as a servant is in a family such a one ought a Subject of a Kingdome be to his King that is an instrument of his Soveraigne that may lawfully wage warre for him From these premises I gather this irrefragable argument That whatsoever men are bound and injoyned to do by the Lawes of God and Nature is lawfull for every man to doe without further Commission But Children are bound to assist their Parents and Soveraigns in all matters either civill or military therefore it is lawfull for the Prince to assist his Father and all the Subjects of England to rise in Armes to aid their King and his urgent necessities against his oppressors notwithstanding that they have not his actuall Commissions or any other derived from his power Agreeable to this are those rules of the Common-Law of England z Cooks Rep. 5. par f. 115. Wades case Quando aliquid mandatur mandatur omne quod pertinetur ad illud When a man hath command to doe his duty every meanes that is conducing thereunto is warranted unto him by the Law and likewise a Cooks Rep. 5. par f. 12. Saunders case Quando Lex aliquid al●●ui concedit conceditur id sine quo res ipsa esse non potest when the Law gives a liberty to any man to do any act it gives him all the necessary meanes to effect that without which it cannot be brought to passe The Law commands and gives licence to all the Kings Subjects to aid relieve succour and redeem the King out of Prison from whom they can expect no actuall Commission therefore the Law supplies that defect by her owne power by a necessary meanes conducing to that end the Kings and Kingdomes preservation This is warrantable and justifiable by all the Lawes aforesaid let all good English men therefore take hold of the present opportunity laying a side detestable Newtrality and redeem their King Lawes and Liberties or be slaves for ever FINIS