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A55052 An impartial account of the state of New England, or, The late government there, vindicated in answer to the Declaration which the faction set forth when they overturned that government : with a relation of the horrible usage they treated the governour with , and his Council, and all that had His Majesty's commission : in a letter to the clergy there / by John Palmer. Palmer, John, 1650-1700? 1690 (1690) Wing P246; ESTC R37740 24,245 41

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declarare interpretari addere sive diminuere pro Nostrae libito voluntatis pront securitati Nostrae Terrae Nostrae viderimus expediri And therefore We Command you That from henceforward you observe the Premises in all things so only that as often whensoever and wheresoever We please We may Declare Interpret Add to and Diminish from the said Statutes and every part of them according to Our Will and Pleasure so as We shall see it expedient for the safety of Us and Our Land aforesaid In the next place I shall instance Ireland That it is a Conquer'd Kingdom is not doubted Cooke Rep. Fol. 18. but admitted in Calvin's case and by an Act of the 11th 12th and 13th of King James acknowledged in express Words viz. Whereas in former times the Conquest of this Realm by His Majesty's most Royal Progenitors Kings of England c. That by virtue of the Conquest it became of the Dominion of the Crown of England and subject to such Laws as the Conqueror thought fit to impose until afterwards by the Charters and Commands of H. 2. K. John and H. 3. They were Intituled to the Laws and Franchises of England as by the said Charters reference being thereunto had may more fully appear I shall only instance two The First is out of the close Rolls of H. 3. wherein the King after Thanks given to G. de Mariscis Justice of Ireland signifies That himself and all other his Lieges of Ireland should enjoy the Liberties which he had granted to his Lieges of England and that he will grant and confirm the same unto them Claus 1. H. 3. Dorso 14. which afterwards in the 12th Year of His Reign he did as followeth Rex dilecto fidelio suo Richardo de Burgo Justiciar ' suo Hibern Salutem Mandarimus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archi-Episcopos Episcopos Abbates Priores Comites Barones Milites Libere Tenentes Balivos singulorum Comitatuum coram eis publici legi faciatis Chartum Domini Johannis Regis Patris Nostri cui sigillum suum appensum est quam fieri fecit jurari a Magnatibus Hiberniae de legibus consuetudinibus Angliae observandis in Hiberniae Et praecipiatis eis ex parte nostra quod leges illas consuetudines in Charta praedicta contentas de caetero firmiter teneant observent The King to his Faithful and Beloved Richard de Burg Justice of Ireland Greeting We have Commanded you firmly enjoyning you That on a certain day and place you make to come before you the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Free-holders and the Bayliffs of every County and before them you cause to be publickly read the Charter of the Lord King John our Father to which his Seal is affixed and which he caused to be made and Sworn to by the Nobility of Ireland concerning the Laws and Customs of England to be observed in Ireland And commanded them on our behalf That for the future they firmly keep and observe those Laws and Customs contained in the Charter aforesaid By all which it is evident That after the Conquest and before the recited Charters the Inhabitants there although composed of many Free-born English Subjects who settled themselves amongst them were neither govern'd by their own Laws nor the Laws of England but according to the good pleasure of the Conqueror And if you will take the Opinion of Sir Edward Coke in his Annotations on the Great Charter he tells you plainly That at the making thereof it did not extend to Ireland or any of the King 's Foreign Dominions but after the making of Poyning's Law which was in the 11th Year of H. 7 long after the Great Charter it did extend to Ireland I have only one Instance more and that is The usage of Foreign Nations in their Plantations and Settlements abroad The Governments of the Vnited Provinces and Denmark are well known in Europe and yet in all their Plantations their Governments are despotical and absolute all the power is in the hands of a Governour and Council and every thing is ordered and appointed by them as is sufficiently manifest to those that are acquainted with Batavia Surrinam Curasao New York when formerly in their hands and the Island of St. Thomas By which it is evident That those Kingdoms and Principalities which are of the Dominion of the Crown of England are subject to such Laws Ordinances and Methods of Government as the Crown shall think fit to Establish The next thing then to be proved is That New England and all the English Colonies are subject to the Dominion of the Crown of England as Wales and Ireland are and not to the Empire of the King of England as Scotland is 'T is a fundamental point consented unto by all Christian Nations that the first Discovery of a Countrey inhabited by Infidels gives a Right and Dominion of that Countrey to the Prince in whose Service and Imployment the Discoverers was sent Thus the Spaniard claims the West-Indies the Portugals Brasile and thus the English these Northern parts of America For Sebastian Cabot imployed by King Henry 7. was the first Discoverer of these Parts and in his Name took Possession which his Royal Successors have held and continued ever since therefore they are of the Dominion of the Crown of England and as such they are accounted by that excellent Lawyer Sir John Vaughan in his reports Vauh Rep. Craw versus Ramsey which being granted the Conclusion must necessarily be good and it will follow That Englishmen permitted to be Transported into the Plantations for thither without the Kings Licence we cannot come can pretend to no other Liberties Privileges or Immunities there than anciently the Subjects of England who removed themselves into Ireland could have done For it is from the Grace and Favour of the Crown alone that all these Flow and are dispenced at the pleasure of him that sits upon the Throne which is plain in the great Charter it self where after the Liberties therein granted by the King it concluded thus Tenendas habendas de Nobis haeredibus Nostris in perpetuum To have and to hold of Us and Our Heirs for ever which by the Learned Sir Edward Coke is thus explained These words saith he are not inserted to make a Legal Tenure of the King but to intimate that all Liberties were at first derived from the Crown Instit page 2. fol. 4. Barbados Jamaica the Leeward Islands and Virginia have their Assemblies but it is not sui juris 't is from the grace and favour of the Crown signified by Letters Patents under the Broad Seal But the Laws made by these Assemblies with the consent of the Governour are no longer in force than till the King is pleased to signifie his Disapprobation of them which power he hath always reser●●●●o himself and can whenever he thinks fit Repeal
and Ann●●● all such as have not been before confirmed by him or some of his Predecessors New England had a Charter but no one will be so stupid to imagine that the King was bound to grant it them neither can you without impeaching the prudent Conduct and Discretion of your Fore-Fathers so much as think they would put themselves to so vast an Expence and unnecessary Trouble to obtain that which as English Men they thought themselves to have a sufficient Right to before They owe it only to the Grace and Favour of their Sovereign and if they had made better use of it to promote the Ends for which it was granted the weight of those Afflictions under which the People of this Country now groans would not have lain so heavy upon them at least they would have less deserved them Besides the Parliament of England have never by any Act of theirs favoured the Plantations or declared or inlarged their Privileges but have all along demonstrated that they were much differenced from England and not to have those Privileges and Liberties which England enjoyed being in all Acts relating to the Plantations restrained and burthened beyond any in England as appears by the several Acts made for the increasing of Navigation and for regulating and securing the Plantation Trade I think I have both by good Authority Practice and Precedent made it plain That the Plantations are of the Dominion of the Crown of England and without any regard to Magna Charta may be rul'd and govern'd by such ways and methods as the Person who wears that Crown for the good and advancement of those Settlements shall think most proper and convenient therefore neither the Commission to the Prosident nor that to Sir Edmond Andros can be said to be Illegal Since then such an one might lawfully be granted you have great reason to commend the Moderation of the Gentleman who was intrusted with it and to return Thanks to Almighty God for placing over you a Person indued with that Prudence and Integrity that he was so far from exceeding his Commission that he never put in execution the powers therein granted him Have there been any Taxes laid upon the People but such as were settled fifty years since and made perpetual by Laws of their own making Any part whereof might be retained and in force after the condemnation of their Charter that the King thought fit Who hath been transferr'd out of this Territory Or were ever fewer Rates paid than under him And whereas it is also alleaged in the Declaration That there were courses taken to damp and spoil their Trade while neither the Honour nor Treasure of the King were advanced Give me leave to tell you the same is altogether false and mistaken for the very considerable increase of Their Majesties Revenue arising by Customs not at all altered under Sir Edmond's government doth sufficiently demonstrate that the regular and lawful Trade of this Territory was exceedingly improved under him 'T is true the Acts for Regulating the Plantation-Trade and Navigation little regarded under the Massathusets Government to the great prejudice of the Revenues of the Crown and detriment of its European Subjects were carefully inforced and their constant and profitable correspondence with Foreigners and Pyrats diligently obstructed which was very disagreeable to many Persons who had even grown old in that way of Trade and was I believe one chief cause of the Revolution which seems evident by their falling again upon the same measures since that change By this is meant Courses taken to damp and spoil their Trade for which I hope the Government will not lie under any imputations in the Judgment of considering Men. I shall say little concerning the King's Treasure for it is clear to all that know this Country that under the late Government there was never so few Taxes paid nor until the Indian Rebellion a fuller Treasury since the settlement of these parts and 't is plain That the alteration of the Massethusets Government and annexation of the rest of those petty Colonys did highly conduce to the King's Honour and the good and welfare of his Subjects for all that Country which was every day subject to the Incursions of the French was no sooner taken into the King's hands and united but they became formidable And all endeavours to make them demolish the Fort of Oneagra which they had Built and Garrisoned some hundreds of Miles within the English Dominions in the Year 1687 proved unsuccessful until the Union of the said Colonys under the Commission so much complained of And I do heartily wish that the Divisions now among you do not encourage them to take the advantage of this opportunity and by an utter destruction of all this Continent experimentally make good my Assertion And 't is as plain that the King's Subjects which for many years had groaned under the severlty of a Tyrannical and Arbitrary Constitution deprived of the Laws and Liberties of English-men forced in their Consciences suffered death for Religion and denied Appeals to the King were eased of those intolerable Burthens and allowed the free Exercise of their Religion and the benefit of the Laws of England which were duly and truly administred unto them by which the Honour of the King is advanced to the highest pitch 4. 'T will be but time lost to say any thing of the Red-coats for no body can be so void of Sense and Reason to think that so many Thousand Men which at this day inhabit this Colony could be imposed upon by 100 Red-coats and if any body hath been so vain as to threaten them with more I look upon it an effect of passion or folly For Experience which certainly is the most convincing Argument in the World tells you there is no such thing 5. What is meant by Preserments and who are called Strangers and Haters of the People I must confess I cannot easily comprehend unless to inhabit fourteen or fifteen Years within the Territory will make a Man such Is there any one Gentleman of the Council that hath either been displaced or put into that Station by the Authority there Which of your Judges are Strangers Were not Three of them brought up amongst you and of your own Communion And was not the other in the same Imployment in some part of this Territory at the time of the Annexation From whom had the Secretary and Collector his Commission Certainly from no body here Did the alteration of the Government change your Treasurer Is it not the same Sir Edmond found here Is he not a Man of Estate good Credit and Reputation and one of your own Countrymen Were not all Officers in the Government as well Magisterial as Ministerial natural born Englishmen and Subjects to the Crown of England How then are Strangers and Haters of the People preferr'd when there is not one that can reasonably and justly be so termed in any place of Trust or Office throughout the Dominion