Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	common_a	king_n	time_n	1,735	5	3.3521	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A08939	The case of shipmony briefly discoursed, according to the grounds of law, policie, and conscience and most humbly presented to the censure and correction of the High Court of Parliament, Nov. 3. 1640.	Parker, Henry, 1604-1652.	1640 (1640)	STC 19216; ESTC S114002	21,342	52

deceived her and in that dismall gust of danger it was good for her and the whole State both that she did not relye upon forced aides of money or the Swords of grieved Souldiers For this Ship-money nothing can be pretended but necessity and certainly necessity is ill pretended when the meere doing of the thing is as dangerous as that for which it is done did not this Ship-scot over-throw all p●polar Liberty and so threaten as great a mischiefe as any Conquest can And were not the people justly averse from it Yet meerly for the peoples 〈◊〉 to it it is dangerous to be relied upon in case of great danger Wee know Nature teacheth us all Of two Evils to chuse that which wee thinke the least though it bee not so therefore if the people apprehend this Remedy as a Thing worse then the Disease though they be mistaken therein yet that very mistake may proove fatall The Roman Army beeing harshly treated by the Senators and their proud Generall did refuse to charge upon the Enemy or to resist the charge of the Enemy they chose rather to be slaughtered by Strangers then Enthralled by their Country-men The English also in the late Scotsh invasion by reason of this and many other causes of Discontent made so ●aint resistance that they did almost in a manner Confesse That they held themselves as miserable already as the Scots could make them Thus wee see there is no necessity of levying Ship-money there is rather necessity of Repealing it And we see that presumption of Law doth no●●bet this Necessity but rather crosse it And whereas I. Iones further saith That the Kings Majesty hath no benefit by Ship-money and therefore presumption is the str●nger that the King will not take it causelesly We may answere the Ship mony is a ●ery great benefit unto the King For i● not immediatly yet 〈◊〉 it is become a Revenew inasmuch as by this 〈◊〉 al other Re●enues of the Crowne nay and Tunnage and 〈◊〉 which were not designed only for ordinary Expences but for extraordinary imployments and publicke Charges also are now become d●scharged of that tie and the Common-Wealth hath quite lest all its intrest and property in them In point of benefit therefore it is all one to the Kings Majesty and in point of burthen it is all one to the Subject whether Ship-money be acc●unted of as part of the Kings annuall Rents or no since by it his rents are enlarged And as to the Subject there is no obligation that this 〈◊〉 shal not hereafter incorporate with the rest of the Kings Majesties Intradoe● and be swallowed up as Tunnage and Poundage now are Thus we see what the Necessity is and presumption of Law which was so much insisted uppon and yet for a further confutation of both Time the mother of Truth hath now given us more light Now that great danger which was pretended so many yeares together for the necessity of raysing so great supplies of treasure is a small cloud blown over making it apparant that Kings may bee mis informed and by mis information take Mole-hils for Mountaines and cast heavie burthen● upon their subjects But I come now to my third D●fficulty how a publick charge is to be laid upon the kingdome The law runs generally that in England no Tollage or pecuniary charge may bee imposed Forsque per common assent de tout la Realme or Si non per common consent de Parliement Some presidents or matters of fact appeare wherein some Kings have divers times invaded this right of the subject but upon conference had with the Iudges or petition in Parliament redresse was ever made and the subjects right re-established All the colour which can be brought to answer the Law in our case is that the words of the law are generall Taxes and Tollages but doe not by special mention restrain extraordinary impositions in time of extraordinary danger But wee know the Petition of Right 3. Car. is grounded upon former Statutes and recites divers of them and is a cleare affirmance of the common right of England and yet by that the commissions for Loanes were damned and it is evident that those Loanes were demanded for the generall defence of the Kingdome in time of imminent danger and by the same Statute not onely Loanes but all other levies of money upon what pretence of danger soever Si non per common consent are condemned as illegall and contrary to the Lawes and Rights of England Two things therefore are objected against Parliaments First that they are of slow motion and so most of the Iudges alledge Secondly that they may be perverse and refuse due aid to the King and so I. Crawley boldly suggests For answere wee say in generall First that it is the wisdome of Kings to bee alwayes vigilant and to have their eyes so open upon forraigne Princes and to maintaine such intelligence that no preparation from abroade may surprize them before recourse had to Parliament and this is very easie to insular Princes who have a competent strength of shipping Secondly to have alwayes in readinesse against all sudden surprizes a sufficient store of ammunition and arms both for sea and land-service and the revenues of the Crowne of England are sufficient for this purpose and have beene held more then sufficient in former times when hostility was greater and the Kingdome smaller Thirdly to seeke advise and assistance from Parliaments frequently in times of quiet as well as of danger as well when warre is b●t smoaking or kindling as when it is blown into a flame Before the conquest this was held policie and since in Edward the thirds time a statute past to this purpose and if parliaments of late bee growne into dislike it is not because their vertue is decaid it is because the corruption of the times cannot endure such sharpe remedies Fourthly to speake particularly of this case of ship-money wee say that it is a course more slow then by parliament there was more expedition used in parliament to supply King Ch●rles since hee came to the Crowne then can this way And wee say moreover that as the extremity of the Kingdome was when ship-money was demanded whatsoever was pretended to the contrary a parliament might have beene timely enough called and seasonably enough supplied the King As to the second objection of I. Crawly too unfit to come out of any honest wise mans mouth but much more for a Iudges Iudge Crooke replies that as there is nullum iniquum in Lege so neither in parliamento The three noted factions which are adverse to Parliaments are the papists the prelates and Court parasites and these may bee therefore supposed to hate parliaments because they knowe themselves hatefull to parliaments It is scarse possible for the King to finde out any other that thinkes ill of Parliaments or is ill thought of by Parliaments Of Papists little neede to bee said their enmity is confest they have

Parliaments and to abhorre the grosse delusive suggestions of such as disparage that kinde of Councell May lie rather con●ide in that Community which can have no other end but their owne happinesse in his greatnesse thè● in Papists Prelates and Projectors to whom the publick disunion is advantagious May he affect that gentle Prerogative which stands with the happinesse freedome and riches of his people and 〈◊〉 that terrible Scopter which does as much avert the hearts as it doth deb●lita●e the hands and exhaust the purses of his Subjects May he at last learnd by 〈◊〉 that the grievance of all 〈◊〉 that that mischiefe which makes all mischiefes 〈◊〉 and almost hopelesse in England at this day is that Parliaments are clouded and disused and suffered to be 〈◊〉 by the ill boding incendi●ries of our State May it lustly enter into his beleefe that it is impossible for any Kingdome to deny publicke assent for their 〈…〉 when publicke danger is 〈…〉 and when it is fairely required and not by projects extorted that no Nation can unnaturally seeke its owne 〈…〉 may make their Subjects purses their owne private coffers if they will demand due things at due times and by due meanes 4. I come now to the last difficulty about the condition and nature of such aydes as are due by Law from the Subject to the King Though much have beene argued both at the barre and on the Bench for the King that he may raise moneyes from his Subjects without consent by Law Prerogative and necessity Yet at last because the Petition of Right absolutely crosses this tenet it is restored to us backe againe and yeelded that the King may not impose a pecuniary charge by way of Tollage but onely a personall one by way of service And now all our controversie ends in this that we must contest whether the Ship-scot be a ●ecuniary or a personall charge For though the intent of the Writ and the office of the Sh●●iffe be to raise moneyes onely yet the words of the Writ and the pretence of State is to build and prepare Ships of warre The Kingdome generally takes this to be a 〈◊〉 delusion and imposture and doubtlesse it is but a pick lock tricke to overthrow all liberty and propriety of goods and it is a great shame that so many Judges should be abetters to such fraudulent practice contrived against the State It is not lawfull for the King to demand moneyes as moneyes but it is lawfull to demand moneyes under another wrong name and under this wrong name all former Lawes and Liberties shall be as absolutely cancelled as if they had beene meere cobwebs or enacted onely out of meere derision If former lawes made to guard propriety of goods were just and grounded upon good reason why are they by this grosse fallacie or childish abuse defeated If they were not just or reasonable what needes such a fond subtiltie as this why should they not be fairely avoided by Law Why were they made at all But be this invention what it will yet we see it is new if it be quashed the State is but where it was we are still as our Ancestors left us and since our preceeding Kings never heretofore put it in use in the most necessitous calamitous times we may from hence infer●e that the plea of State necessity falls off of it selfe if we admit not of this innovation then the State suffers not but if we admit it no necessity being of it we can frame no other reason for our so doing but that our former franchises and priviledges were unjust and therefore this way they must be annulled Some of our Judges doe prove that if this were a personall service yet it were void and they cite the case of Barges and Ballingers vessells built truly for Warre in time of Imminent danger and yet these charges upon complaint made by the Subject were revoked and disclaimed But here in this case many other enormities and defects in Law Lare for if ships be intended to be built in Inland Countries a thing impossible is injoyned and if moneyes be aimed at that very ayme is against Law and if the Kingdome were to be disfranchised it were not to be done by all illegall way Besides in the Writ in the Assessement in the Sheriffes remedy against Recusants of it in the execution of Law by or after judgment many inconveniences errors and mischiefes arise many wayes and sure take the whole case as it is and since the Creation no whole Kingdome was ever cast in such a cause before Besides though the Iudges ought wholly to have be●● themselves upon this to have proved this a personall service and no pecuniary charge they have roved after necessity presumption of Law and Prerogative and fearce said any thing at all hereof My Lord Brainston argues very eagerly that personall services by Sea and Land are due to the King in cases of extremity and all their records case and presidents prove no more and that men may be arrayed and ships pressed and that sumptibus populi but there is nothing proved that the meere raising of moneyes in this case is a personall service I. Iones indeed argues to this purpose If the Law intrust the King with so great a power over mens persons why not over their estates There is cleare reason for the contrary because the King if he should abuse mens personall aides could not inrich or profit himselfe thereby and we know it is gaine and profit it is Auri sacra fames which hath power over the breasts of men It is not ordinary for Tyrants to imbattaile hoasts of men and make them charge upon the Sea-billowes and then to gather up Cockles and Piwinckle shells in lieu of spoile as one did once but the World abounds with stories of such Princes as have offended in abusing their power over mens estates and have violated all right divine and humane to attaine to such a boundlesse power Good Kings are sometimes weake in coveting boundlesse power some affect rivality with God himselfe in power and yet places that power in doing evill not good for few Kings want power to doe good and therefore it misbecomes not sometimes good Subjects to be jealous in some things of good Kings But J. Iones farther sayes that Ships must be built and without money that cannot be done ergo This necessity hath beene answered and disproved already and I now adde that for the good of the Kingdome there is more necessity that Ship-money be damned then maintained Such unnaturall slavery seems to mee to be attendant upon this all-devouring project and such in●amy to our Ancestors our Lawes and our selves nay and such danger to the King and his posterity that I cannot imagine how any forraigne conquest should induce any thing more to be detested and abhorred Those Kings which have beene most covetous of unconfined immoderate power have beene the weakest in judgment and commonly their lives have beene poore and