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A28440 King William and Queen Mary, conquerors, or, A discourse endeavouring to prove that Their Majesties have on their side, against the late king, the principal reasons that make conquest a good title shewing also how this is consistent with that declaration of Parliament, King James abdicated the government, &c. : written with an especial regard to such as have hitherto refused the oath, and yet incline to allow of the title of conquest, when consequent to a just war. Blount, Charles, 1654-1693. 1693 (1693) Wing B3309; ESTC R23388 40,332 68

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the Nobility and Commons took part with him and that his principal Counsellors had lost their Heads he fell so utterly to Despair that calling his Army together he licensed every Man to be gone and to shift for himself After which he was made a Prisoner and frightned into a Resignation of his Crown which was unjustly accepted of and confirmed by a Parliament illegally called by the Duke in the King's Name Here was never a Battel fought nor a Stroak struck the King's Subjects and Souldiers forsook him and went to Henry who was indeed a Traitor and consequently an Usurper both which are far from being in the present Case And yet Henry being placed in the Royal Seat and possessed of the Regalia thought it necessary to assure them that he meant not to take Advantage against any Man's Estate as coming in by Conquest but that every one should freely injoy his own as in the times of lawful Succession Here are a great many ill Circumstances that make all this unlawful in H's Doings which do not accompany the late Atchievements of our glorious Prince which do even as to the Question of Conquest leave the Advantage plainly on our Soveraign's side and yet we see Henry thinks good to assure them that he will not make use of his Victory we are to understand him against any Man but the King A plain Intimation that supposing his Quarrel to have been just and justly managed he thought he had the Right of Conquest on his Side yea and that he thought they were of the same Opinion for whose sakes he gave his Assurance A like Instance we have in two other Princes of the same Names Richard the Third and Henry the Seventh The Duke of Buckingham King R's Subject and Bishop Morton his Prisoner plot together that Henry Earl of Richmond Heir of the House of Lancaster should marry the Lady Elizabeth Heiress of the House of York and also to depose King R. Many of the King's Subjects join in the same Conspiracy While Henry lay at Lichfield with his Forces and K. Richard with his at Nottingham part of King Richard's Forces revolted to Henry and in the King's March towards him Sir Walter Hungerford and some others withdrew themselves from King R's Party And Sir John Savage Sir Brian Stamford and Sir Simon Digby with their several Forces joined with the Earl The Treachery was so plain that it was written over the Gate of the Duke of Norfolk who was faithful to King R. the Night before the Battel Jacky of Norfolk be not too bold For Dickon thy Master is bought and sold. Nay in the very Battel the Lord Stanley who had been sent to levy Forces for the King comes in and joins with the Earl and yet notwithstanding King Richard being slain and I hope to shew that the Case had been the same if he had only been driven out of the Nation and Henry obtaining the Crown the Lord Bacon saith Besides his other two Claims that of Heir to the House of Lancaster in his own Person and that of Heiress to the House of York with whom he meant to marry he had also the Title of Conquest And although he chose not to make such use of the Title of Conquest as of that of Heir to the House of Lancaster partly because he came in upon Conditions and Agreements and partly because he knew that to claim as a Conqueror was to put as well his own Party as the rest in Fear as that which gave him Power of disannulling of Laws and disposing of Mens Foutunes and Estates and the like Points of absolute Power yet he made use of it to beat down open Murmur and Dispute And afterwards he got the Crown to be entailed upon him by Act of Parliament and the said Act to be confirmed by the Pope's Bull the Year following with mention nevertheless by way of Roo●tal of his other Titles both of Descent and Conquest So as now saith the same learned Author the Wreath of three was made a Wreath of five for to the three first Titles of the two Houses or Lines and Conquest were added two more c. So that Henry the Seventh as wise a Prince as ever sway'd the English Scepter of whose Opinion the Lord Bacon seems to be thought he had the Title of Conquest the which he might and did make use of as far as he saw convenient Although he brought over with him but two thousand Mercenaries a small Force in comparison of those that the Prince brought over with him and got the Crown almost purely by the help of King Richard's Subjects and by the Treachery of his pretended Friends many of which had been preferred by him and yet forfook him I grant indeed that King Richard was an Usurper and a cruel Prince But what of that Although his being so was a just reason why Henry who had been conveyed into Britain in the Reign of King Edward the 4th and never returned into England until that fortunate Expedition which made him King and consequently who had never sworn Allegiance to him might agree to marry the undoubted Heiress of the House of York and thereupon do his utmost to deprive him of his Crown yet did it not make the Success against him either more or less a Conquest It made it lawful to conquer him but it did not make the Victory ever the more a Conquest And further whatever Weight there is in that is likewise in the Title of their present Majesties For as Henry the 7th had a just Quarrel against Richard the 3d so also had their present Majesties against King James the 2d It is true in both these Instances there is a Mistake under which the Lord Bacon himself seems to lie in the Case of Henry the 7th viz. That the Victors are thought to have gained not only a Title to the Crown against the Vanquished Princes but also an Absolute Power over the Rights and Liberties of the Subject Whereas in these and all other such like Cases where the Nation stands Neuter no Man is conquered but the King and such as assisted him and therefore no Right is gained over the Laws or the Peoples Liberties But of this more hereafter At the present it is enough to observe that these two Instances make it plain to be the Opinion of those Times that to the Right or Title of Conquest it is not necessary that the Souldiers and Subjects of the Prince Conquered proved faithful to him it is enough that he be either slain or which I hope I shall prove to be all one rendred unable any longer to defend his Subjects and his Crown against the Victor And is it not likewise the general Opinion of these present Times Do not the Christian Princes now in a State of War with each other endeavour each to draw Assistance from his Enemies by Manifesto's Declarations Memorials And do not Souldiers daily desert one Prince whose natural Subjects
puissant Army to Salisbury meaning that way and no other to give the Prince Satisfaction And now I desire the Reader to consider that from the time that the King declined the Decision of a Parliament declared the Prince an Enemy and marched down against him in Hostile manner the Prince had a just ground of War against him Certainly no Man can doubt this who considers what hath been said and proved of the King 's having given the Prince just cause of Suspicion that he had greatly injured him of his denying him Satisfaction of his declaring him an Enemy and of his marching down against him as such But perhaps some will be ready to object That the Prince begun the War by coming over into England with an armed Power He might have staid in Holland or have come without an Army and then he might have had Satisfaction To this I answer 1. That the Prince utterly disclaimed any Design of warring upon the King He declared only for a Free Parliament to the which he promised to refer all Matters in Dispute and his Sincerity was so universally believed that the whole Nation except such whose Crimes had made the contrary their Interest besought the King to yield to his Demand promising that as soon as the State of the Nation would admit of it he would send back all his Foreign Forces and in the mean time keep them under such Strictness of Martial Discipline that the People of the Country through which they were to march should not suffer by their Means 2. That there is not the least shew of Reason that if either the Prince had staid in Holland or had come over unarmed the King would have called a Parliament that should have been Free much less that he would have suffered them to enquire into the Birth of the Child He that would leave the Nation rather than yield to these things would never have done it when he was under no such Necessity If it be said The Prince should first have tried him I answer That had been to alarm him and the French King and so to have made it utterly impossible to have gained Satisfaction The State of Europe at that time is known to have been such as that Secresy and Expedition were two Things without which the Prince could never have carried his Points and upon both these Accounts it was necessary that he should make his very first Demand of Satisfaction with his Sword in his Hand And if it was necessary then it was lawful For since it was through the King's Fault that the Matter was become doubtful it was lawful for the Prince to do what was necessary to his gaining Satisfaction So that notwithstanding these Objections I conclude for the Reasons mentioned That K. William and Q. Mary had a just Ground of War against K. James which was the sirst Thing I undertook to prove SECT II. Their Mnjesties K. William and Q. Mary conquered K. James THE second Thing to be proved is That the Prince and Princess of Orange our present Soveraigns conquered K. James In order to the making of this clear it will be requisite to lay before the Reader Matter of Fact that so it may appear they were actually in a State of War with the King and what their Success thereupon was I shall still make use of the History of the Desertion as I have hitherto done for the Proof of Matter of Fact It seems to me to be written with great Judgment and hath I thankfully own contributed more to my Satisfaction as to the Lawfulness of paying Allegiance to Their Present Majesties than any one Tract that I have met with on the Subject However the Substance of what I quote from it is known to be true It hath already been observed That K. James declined the Decision of a Parliament That he declared the Prince an Enemy and that at Salisbury he put himself at the Head of a puissant Army Now with what Success remains to be considered November 20th there happened a Skirmsish at Wincanton between a Detachment of 70 Horse and 50 Dragoons and Granadiers commanded by Sarssield and about 30 of the Prince of Orange's Men commanded by one Cambel where saith my Author notwithstanding the great Inequality of the Numbers the latter fought with that desperate Bravery that it struck a Terror into the Minds of the Army At Salisbary the King was deserted by part of his Army as he had been before his leaving White-hall by the Lord Cornbury and such as would follow him particularly by the Duke of Grafton and the Lord Churchil and either there or at Andover by Prince George of Denmark himself upon which the King and his Army were so disheartned that upon a false Alarm made either with Design or by Accident on the 25th of November they left Salisbury the Army retreating to Reading and the King to Andover and on the 26th in the Evening he returned to London The Army at Reading upon another false Alarm on the 8th of December retired in great haste to Twiford-Bridg and endeavouring to regain their Post a Party of the Prince's Men who were sent for by the Inhabitants of Reading upon their threatning to plunder and fire the Town attacked the Irish Dragoons and slew sifty of them The King being returned to London and having how no longer any Confidence in that way of deciding the Dispute that he himself had chosen on the 28th of November in a Privy-Council ordered the Lord-Chancellor to issue out Writs for the Sitting of a Parliament on the 15th Day of January following But the Reader must observe that this was not done until he was forced to it and therefore the Prince was now no longer under any Obligation to the King of standing to the Decision of a Parliament He might had he pleased without any Injustice with respect to him have made use of his good Fortune and pursued the Advantage he had gained which must in all likelihood have ended in Victory the Earl of Feversham the King's General not having with him at that time above four thousand Men. But yet such was his Moderation that upon the King 's sending the Lords Hallifax Nottingham and Godolphin to treat with him and to adjust Preliminaries to the holding of a Parliament He with the Advice of the Lords and Gentlemen of his Party accepted the Motion and as things then stood returned a most reasonable Answer The which was sent to the King before his first Attempt to withdraw himself out of the Nation and yet he did not alter his Resolution to do it It was sent to his Majesty by an Express and yet he resolved to leave the Town and ordered all those Writs for the Sitting of the Parliament that were not sent out to be burnt and a Caveat to be entred against the making use of those that were And at the same time he sent Orders to the Earl of Feversham to
disband the Army and dismiss the Souldiers which was accordingly done telling him in his Letter that things being come to that extremity that he had been forced to send away the Queen and his Son that they might not fall into the Enemies Hands he himself was obliged to do the same thing And presently after his Majesty was taken by the Inhabitants of Feversham in a small Vessel endeavouring to go out of the Nation And after this it is manifest the Prince never considered him as King of England but as his Prisoner or as a Person conquered It is true the Lords invited him back to London but it was without the Prince's Consent and in all Likelihood without his Knowledg For although he treated him with all imaginable Respect as a Person so nearly related to himself and the Princess and with a due Regard to Majesty with which he had been so lately vested yet still it was but like a Person conquered For understanding he was at Rochester he sent to him to continue there by Monsieur Zulestein but he missing of him he sent another Order after him to remove from Whitehall whither he was gone to Ham. The Message was to be delivered by the Marquess of Hallifax the Earl of Shrewsbury and the Lord Delamere after the Prince's Guards were in possession of the Posts about Whitehall and a Note drawn up to that Purpose Likewise the Prince committed the Earl of Feversham to the Castle of Windsor who had been sent by the King to invite him to St. James's And if he committed the Servant to Prison it is not hard to determine in what Condition he judged the Master to be Princes do not use to imprison each others Servants sent on kind Messages while their Masters are free that is as King James in his Reasons for withdrawing himself from Rochester words it against the Practice and Law of Nations But the Truth is he considered him as a Prince conquered by him and treated him accordingly although with all imaginable Respect and with great Tenderness This is the plain meaning of such Actions and in this Sense King James understood them and therefore he sent to desire leave of the Prince to return to Rochester which was granted And in this Sense he interprets them in his Reasons for withdrawing himself from Rochester For having mentioned them he adds these memorable Words I was born Free and I desire to continue so Wherefore in his own Opinion his going privately from Rochester into France was no other than an Escape out of Captivity or rather out of a Conqueror's Hands whose Prisoner he was I insist the longer upon these things for the sake of such as own Conquest upon a just Quarrel to be a good Title as indeed it is but say the Prince did not make use of his Fortune but declined it by leaving the Matter to the Convention Of which I shall say more hereafter when I come to answer Objections In the mean time I will contract into a narrow Compass what I have said at large that so the Reader may at once take a View of it Here were violent Presumptions of an unsufferable Injury done to the Prince and a Refusal of giving reasonable Satisfaction to the last a marching down with an Army to oppose him when he came to examine the Truth Two Battels fought how much Blood spilt it matters not in both which the Prince had the better The King fled before the Prince to London from thence towards Gravesend went on board a Vessel in order to leave the Nation without deputing a Vice-Roy is brought back again but being used as he thought like a Prisoner makes his Escape a second time and leaves the Nation And now good Reader do not deceive thy self nor suffer thy self to be imposed upon by the little Pretences of such Men whose Interest it is never to be satisfied consider well and judg impartially What was there wanting in the Case of King James to make it fall short of a Conquest There can be no Objections against this as it seems to me of any great Moment however I will not pass by unanswered any Scruple that I can foresee and much less any Objection that I know hath been made In the 1st Place it hath been said The Prince by his fair Pretences in his Declaration stole away the Hearts of his Majesty's Subjects and Souldiers so that they forsook him and therefore he may be said rather to have been betray'd than conquer'd To this I answer two things 1st That the Prince's Declaration was most reasonable and thought to be so by the most considerable both for Learning and Quality of those that now refuse the Oath who therefore urged the King over and over to condescend without Fighting to his Demand of referring all Differences to a Free Parliament And since his Majesty's Refusal was a Refusal to give Satisfaction about the Rights and Liberties of the Nation which had been infringed and about the Succession to the Crown which was suspected to be in Danger of being altered It is more than any Man can prove that the Subject was bound to assist the King especially if we add that if he had got the Victory it must in all Probability have ended in the utter Subversion of our Laws and legal Government and in the Destruction of our Rights both Civil and Religious That Subjects may not resist the King although he indeavour their Destruction unjustly hath been taught and that is Loyalty enough in all Reason But that they are bound to assist him to destroy the main Body of a Nation is such a Notion of Loyalty as will not down with wise Men. But 2dly Supposing the King had been unjustly betray'd by his Subjects and Souldiers or deserted by them who ought to have stood by him in the Quarrel what was that to the Prince who was none of the King 's Subject but a Soveraign Prince It behoved the King to have assured himself of the Loyalty and Courage of his own Souldiers and People And if he did not and was therefore beaten it was never the less a Conquest over him because his Men either would not or durst not fight For when Princes take the Field the Question as to Right of Conquest is which overcomes not whether his Souldiers that is overcome fought or not nor whether his Subjects adhered firmly to him or not When Henry Duke of Lancaster came into England and gathered an Army traiterously against his Soveraign King Richard the Second who was then in Ireland the King sent the Earl of Salisbury before him into England to gather an Army against his Coming over But staying longer than the time by himself appointed the Army would no longer be kept together The King coming over and finding that they were dispersed and hearing that all the Castles from the Borders of Scotland and Bristol were delivered to the Duke and that the greatest part of