Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	high_a	king_n	treason_n	3,177	5	8.6712	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

Vicegerent of God he may give and deliver to every man that which of right belongs unto him It is not onely a most presumptuous offence against God and his Lawes a most injurious violation to the Lawes of this Realme nay even to the Lawes of nature a most barbarous and unparallell'd affront to and usurpation upon the Royall and sacreo Majesty but the most prodigious and destructive mischiefe to the generall peace and publique safety of his Majesties Dominions and the people inhabiting in them to imprison the King to detain him in prison under strong military guards to deny a personall Treaty with his Majesty for the setting of the Kingdomes though his Majesty hath often sought it and to vote an order that none of his Subjects shall make addresse unto him upon paine to incurre the punishment of High Treason what is this but to displace Gods Substitute to rob the Almighty of the honour of appointing his owne Deputy What is it but to subvert and overthrow the antient and fundamentall Lawes of England to take away and utterly to destroy the Liberty and property of the people of England to strip and rob them of the Kings protection the onely meanes to preserve them their families and posterities in a desired peace and an assured plenty to the end that they may pillage and plunder them of their goods disseize them of their estates and Lands deprive them of their offices and promotions imprison their persons nay take away their lives at pleasure without impunity of the King o Bract. l. 4. c. 24. sect 1. Qui solam habet jurisdictionem ut delinquentes puniat castiget as Braction for good Law assures us Who hath the onely jurisdiction to punish and chastise such Delinquents and to protect his good people from such violence and rapine or without the reprehension of the antient and established Lawes of England which I am too much afraid they intend to lay aside and subvert and never more to observe as being oppositely contrary to all their actions and purposes What then is there no legall remedy to prevent the Kingdomes destruction Yes there is and if there were no more to be said in it or for it then that which these men laid downe for a Maxime to ground all their rebellious practises upon falsly supposing causes of misgovernment in the King which the Kingdome now too sensibly feels under them raising of jealousies and fomenting of feare where no feare was yea even of the utter ruine and destruction of the Kingdome by the King as they then falsly alledged but by their owne actions have assured us will follow from themselves this their owne Maxime I say might serve q Declar. that a Kingdome must not be left without a means to preserve it self This mysterious rule were sufficient to warrant the whole Kingdome in case they will not admit the King to a personall Treaty and restore him to his Rights Prerogatives and Power of protecting his people to whom as a learned Authour in the Lawes of England observes r Gervas Tilburiensis in praefat ad Hen. 2. Ab ipso Deo singulariter ost credila cura subditorum Even from God himselfe the care of his Subjects are credited and committed to rise up in Armes to suppresse and subdue them but there are knowne Lawes of England and sufficient Presidents to warrant such a proceeding and without this manner of acting the work will never be done but the Kingdome must ruine Salus populi est suprema Lex the welfare of the people is the supreme Law it 's their owne Maxime and we agree to it but withall we say with that learned Sir Edw. Cook * Cooks Reports Beverl case ubi suprà Rex est caput salus reipublicae à capite bona valetudo transit in omnes The King is the head and health of the Common-wealth from whom all welfare is derived to the people therefore the welfare of the King is the chiefe Law to preserve him to serve him which is the health of all all men by nature are bound to it as is well observed by learned ſ Gerv. Tilbur ubi supra Oportet Regibus servire non in conservandis tantùm dignitatibus per quas gloria regiae Majestatis elucet verumetiam mundanarum facultatum copiis quae eis sui status ratione contingunt All Subjects ought to serve their King not only in maintaining those dignities by which the glory of the Kingly Majesty doth appeare but also in the strength and abundance of all those worldly faculties and powers which belong unto him by reason of their degrees Illa enim illustrant haec subveniunt the former do serve to make him famous but the latter ought to be aiding and assisting unto him saith he we ought not only that are subjects to the King to pitty him and to speak well of him to honor him with our lips and words only but we ought to honor him with our substance assist him with our armes for the recovery of his rights and of his liberty and for the subduing and suppressing of his enemies and of those that traiterously rise up and rebell against him The law t Plow Com. c. 319. doth not make the Subject greater then the King nor the servant then the Master the Law here compares the King to a Master a subject to a servant yet all men know that the Prerogative of the King over his Subject is larger and greater then the praeeminence of a Master over his servant even as much as the Law of Nature hath precedency of the civill Law or Law of Nations the Allegiance due from a Subject to the King being due u Calvins case ubi supra by the Law of Nature the duty that a servant owes to his Master being but grounded either upon his owne contract the Law of his country or at most the Law of Nations The duty then that a Subject owes to his King is more obligatory to him then that which a servant or a slave owes his Master and the Law doth more exact it at his hands and justifie him in the performance of it The law of England tells us that w 35. H. 6. f. 50 51. a servant by the Law may justifie the battery or beating a man in defence of his Master and to take bowes and arrowes or other invasive weapons x 9. Ed. 4. f. 28. 19. H. 6 f. 31 nay a servant may justifie the beating of any man for the defence of his Masters goods Nay yet more y 21. H. 7. f. 39. 3. Ed. 3. Fits Coron pl. 303. 305. 26. ass pl. 23. a servant may justifie by the Law the killing of any man in defence of the life of his Master of his house or goods Doth the Law protect a servant in his Masters defence to performe this duty and shall it not a Subject in the performance of his towards his King yes surely à

fortiori therefore by the Law everie man hath power given him z to seize upon the goods of those that are the Kings Enemies a 27 Ed. 4. f. 5. 9. Ed. 4 f. 26. Cooks Reports 5. par f. 92. Semaines case everie man hath power by the Law to arrest Felons Rebells and Traitors Nay it is their duty so to doe who those Traitors and Rebells are the Law informes everie man and Commands him to pursue them holding him indempnified if he doe it and if he doe it not one way or other the Law condemnes him to punishment because it is for the weal publique to take suppresse Rebels and Traitors everie man b 12. H. 7. f 17. nay all men say our bookes are bound to goe with the King into the warres and there to * 11. H. 7. f. 18. aid him c Hornes Mirror de Justices cap. 1. Stat. peche del Majest p. 20. M. 8. They are guilty of perjury saith a learned Author of our Lawes which beare armes against the King or that stie from his battailes or from his lawfull host and those Ministers that disavowablement viz. unlawfully stop men or counsell men that they goe not into warre with the King where they are bound to goe or are summoned thereunto this is the antient Common Law of England and shewes that it is the duty of every Subject to be aiding and assisting to the King in his warres d Stat. 11. H. 7. c. 1. By Statute Law all men are bound to attend the King in his wars and to aid him with their true and faithfull service and it matters not whether the King be in person in the feild or not for if he be any where by the Kings command that is acting by the Kings Commission or by his power or in preservation of the Kings Royall Person Crowne and dignity for that his service and doing no man by the Law can or ought to be questioned molested or impeached and the reason of it is because the Law saith e Stat. 7. E. 1. de de fensione portandi arma that to the King it belongs to preserve the peace of the Realme and to suppresse all force that shall be raised without him in the Kingdom at all times when it shal please him f Cowells Instit in Proem Nam in Rege necessaria sunt duo haec arma viz. leges quibus utrumque tempus bollorum pacis rectè possit gubernare For as the learned in our Lawes say Two things are necessary for a King that is to say the power of Armes and Lawes by which he may rightly govern both in time of peace and warre * Plow Com. f. 268. Bract. 1. 2. p. 55. cap. 24. for being the chiefe Captaine of Chivalry as before is remembred he hath all rights in his hands which belong to the Crowne and his Kingly power especially the materiall sword which inables him to the government of his Kingdome therefore are all his Subjects bound to assist him in his Warres to repell forraign enemies to suppresse and subdue Rebells and such disloyall Subjects as rise in Armes against him and to assist him to chastise all trayterous Conspirators that seeke to destroy his life deflowre his Crowne and subvert his Government Rebellion hath ever been so odious in Law that in all ages g Stat 17. R 2. c. 8. Stat 13. H. 4. c. 7. Stat. 2. H. 5. c. 8. 9. Stat. 19. H. 7. c. 13. Stat. 3. Ed. 6. c. 5. Stat. 7. Ed. 6. c. 11 Stat 1. Mar. c. 12. Sta. 1. Eliz. c. 17. Briefe de assistance de Ches vic de County good Lawes have been made in Parliament for the suppressing and punishing of it by which Statutes every Subject of England be he never so great in degree of honor or estate or be he never so meane be he Farmer Artificer Yeoman Husbandman Labourer or other being of the age of 18. years or more and under the age of threescore years being able to serve and not sick lame or impotent ought to be aiding and assisting to the suppression of it and if he or they kill any of such as are in Rebellion of that fact they ought to be free discharged and unpunished h Dalton Iustice de Peace p. 206. The King is the head life and rule of the Common-wealth against him only there may be Rebellion and not against any other pretend they never so much power as to be a Parliament or State every rising in Armes against the King without his power immediate or mediately derived either by sound of Drum or Trumpet ringing of bells or otherwise In terrorem populi to doe any unlawfull act which in it self containes and is high Treason be there assembled to the number of 12. persons or above is rebellion by the knowne Lawes of England and every loyall Subject of the King is bound to be aiding and assisting to the utmost of his power to the suppression of it i Cooks Inst 3. par p. 12. Now to raise armes to imprison the King or to detaine him in prison is rebellion k 43. Eliz. Earl of Essex case Cooks Instit 3. par f. 62. to make warre against the King upon pretence to remove evill Counsellers from him is rebellion l Hill 1. Iac. the Lord Cobhams case Cooks Instit 3. par p. 9. 39. Eliz. Bradfords case Brooke Treason p. 24. or to depose him or to alter the established Lawes or Religion by force or with intent to surprize take detaine or keep from the King any of his Castles Forts or shipping or to impose unlawfull Taxes or impose new Oaths without the Kings assent these and many other of the same nature are Rebellions which every Sheriffe Justice of Peace and Constable in England yea and every man when he shall be summoned thereunto without expecting any particular Writ or Commission is bound to use his utmost power by force of Armes to suppresse and the sooner the better taking this advice of the Poet Principiis obsta serò medicina paratur Cùm mala per longas convaluere morat But here it may be objected that it is not lawfull for any man to rise in defence of the King and in aid of him to relieve him out of prison without the Kings Commission or command if any such objection be made it must needs proceed from one that hath been heretofore or still is of that party which usually is called the Parliament party To him I answer that it is much more lawfull for the Kings loyall Subjects to fight for him to set him at liberty and to restore him to his rights which is the onely means to preserve the Kingdom then it was either for the E. of Essex or the L Fairfax to fight for him without his Commission to imprison his royall person and there to deteine him to the apparent ruine and destruction of the Realme This is I hope a sufficient argument ad