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A70797 The royall martyr. Or, King Charles the First no man of blood but a martyr for his people Being a brief account of his actions from the beginnings of the late unhappy warrs, untill he was basely butchered to the odium of religion, and scorn of all nations, before his pallace at White-Hall, Jan. 30. 1648. To which is added, A short history of His Royall Majesty Charles the Second, King of England, Scotland, France, and Ireland, defender of the faith, &c. third monarch of Great Brittain.; King Charles the First, no man of blood: but a martyr for his people. Philipps, Fabian, 1601-1690.; W.H.B. 1660 (1660) Wing P2018A; ESTC R35297 91,223 229

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consult or advise with the King for the defence of Him and his Kingdome or that when Felony and breach of Peace are excepted out of their priviledge Treason that is of a far higher nature consequence and punishment should be allowed them or if there could have been any such priviledge and a meaner man than their Soveraign had broke it a small understanding may inform them they could not without breach of the Peace have fought for it against a fellow-subject and then also could not their priviledges have reached to it but the King might have punished them for it and if they cannot upon a breach of priviledge as it was adjudged in Halls case without the Kings Writ and the cause first certified in Chancery deliver one of their own setvants arrested It is not likely any warrant can be found in Law to inforce the King to reparation though he himself should have broken it but to petition the King for an allowance of that or any other priviledge as well in the middle as any other time of their sitting in Parliament as they alwayes doe at the presenting of their Speaker in the beginning of it Wherefore certainly the people never gave the Parliament Commission if they could have given a Commission to make a War against their Soveraign to claim that was never due to them or to fight for that was never yet fought for by any of their Fore-fathers nor ever understood to be taken from them much less for their ayrie innovated pretences rather than priviledges which have since eaten up all the peoples Lawes and Liberties as well as a good part of their lives and estates with it and are now become to be every thing their Representatives will and and arbitrary power have a mind to make it who have so driven away their old legal priviledges by setting up illegal and fantastick kind of Priviledges as they are pleased to call them instead of them as there is nothing left of the Parliament like a Parliament neither matter nor form nor any thing at all remaining of it For the upper and lower Houses have driven away and fought against the King who was their Head the the lower after that have driven away the upper and 45. of the House of Commons whereof eleven are great Officers and Commanders of the Army have after that imprisoned and driven away four hundred of their fellow-members And from degenerate and distemperate piece of a Parliament brought themselves to be but a representative or journey-men-voters to a Councel of their own mercenary and mechanick Army and may sit another eight yeares before ever they shall be able to find a reason to satisfie any man is not a fool or a mad man or a fellow-sharer in the spoiles of an abused and deluded Nation Why the Kings demanding of the five Members and Kimbolton by undeniable warrant of the land and the Records and precedents of their own houses upon a charge or accusation of Treason for endeavouring amongst 〈◊〉 other pieces of Treason to alter the Government and subvert the fundamental Lawes of the Kingdome which the Parliament and they themselves that were accused have more than once declared to be Treason should be taken to be so great a breach of priviledge in the King their Soveraign when the forcing and over a wing the Houses of Parliament by the Army their servants and hirelings demanding the eleven Members and imprisoning and banishing some of them upon imaginary and fantastical offences committed against themselves or they could not tell whom shall be reckoned to be no breach at all of priviledge and the forcing of the Houses by the same Army within a year afterwards by setting guards upon them violently pulling two of the Members of the House of Commons out of the House and imprisoning them and 39 more of their fellow-members all night in an Alehouse and leading them afterwards to several prisons with guards set upon them as if they had been common malefactors can be called mercies and deliverances and a purging and taking away rotten Members out of the House of Commons But now that we can find nothing to make a defensive or lawful nor so much as a necessary War on the Parliaments part for causa belli saith Besoldus correspondere debet damno periculo the Parliament feares and jealousies were not of weight enough to put the people into a misery far beyond the utmost of what their feares and jealousies to them did amount unto we shall do well to examine by the rules and laws of War and Nations the ways and means they used in it Injustum censetur bellum si non ejus penes quem est Majestas authoritate moveatur a war cannot be just if it be not made by a lawful authority Armorum delatio prohibitio ad Principem spectat It belongs to the Prince to raise or forbid Arms and the Records of the Parliament which we take to be a better sense of the House then their own purposes can inform them that the Prelates Earls Barons and Commonalty of the Realm did in the seventh year of the reign of King Edw. the First declare to the King That it belongeth and his part is through His Royal Signorie streightly to defend force of Armour and of Armour and all other force against his Peace when it shall please him and to punish them which shall do the contrary according to the Laws and usages of the Realm and that thereunto they were bound to aid their Soveraign Lord the King at all seasons when need shall be How much ado then will they have to make a War against their Soveraign to bee Lawfull or if by any Warrant of Laws Divine or Humane they could but tell how to absolve themselvs from their oaths of Supremacy Allegiance and their very many protestations and acknowledgements of Subjection to the King find a Supream authority to be in the People at the same time they not only stiled themselves but all those they represented to be his Subjects Or how will they bee able to produce a warrant from the People their now pretended Soveraigns till they shall be able sufficiently to enslave them to authorize them to make a War to undo them when they elected them but to consent to such things as should be treated of by the King and his Kingdom Or how could a tenth part of the people give warrant to them to fight against the King and the other nine parts of the people Or can that bee a good warrant when some of them were cheated and the other by plunderings and sequestrations forced to yield to it Or could the pretence of a War for defence of the Kings person and to maintain the Religion Laws and Liberties of the people be a warrant to the Parliament which never sought any for the King and People but to take away the Soveraignty from the one and the Liberties of the other to do every thing was
contrary unto it But if that could have legitimated their actions as it never did or will be able There is a two fold rule of Justice in the practise of War and Nations si bellum geratur sine denuncaitione in captivos tanquam latrones animadverti possit It is a thievery rather than a War not denounce or give notice of it before-hand and in that also the Parliament was faulty for they took Hull and Portsmouth and the Kings Navy and Magazine from him when hee hoped better things of them and sent out their Armies and the Earl of Essex against him whilst he was in treaty with them and offered all that he could to have a peace with them Bellum item impium injustumque sit si modus debitus non observetur A War is unjust if there be not a due way of proceedings held in it which especially consisteth in not hurting the innocent women and Children and in this also they will fall short of an excuse For how full is every Town and Village of the Truth as well as the complaints of the unchristian usage of old and sick people Women and Children beaten wounded or killed upon no provocation Women and Maids ravished and their fingers cut off for their rings Old Best of Canterbury hanged up by the privities others tortured and had burning matches tyed to their fingers to make them confess where their mony was Women and Children sick and aged Persons starved for want of the sustenance they had taken from them Husbandmen had their corn and hay spoiled in the field and the barn their sheep cattle and provisions devoured houses ruined or burnt their horses that should help to plough and do other works of Husbandry taken away in so much as some were inforced to blind and put out their horses eyes that they might not be taken from them Churches that escaped defacing prophaned and made Stables or Goals or Victualling or Bawdy houses Monuments defaced and Sepulchers opened as were those of the Saxon Kings at Winchester and the priests and Ministers not so much as suffered to weep betwixt the Porch and the Altar but their benesices and livelyhood taken from them by Wolves put in the Shepherds places had their Books burned and all their means and maintenance plundred from them and those that were neutralls and m●dled on neither side but lived as quietly as they could either totally undone or cast in prison not for that they did them no hurt but because they might do it and if they were not imprisoned their Lands money or goods were sure to be in the fault and taken away from them Ut bellum illaesa conscientia geratur necesse est ut adsit intentio bena there ought to bee a good intention to make the War conscionable which in this appears to fail also For the Charge against the five members is now as true as it was then they meant to ruine the King and they have done it and to alter the Government and subvert the Religion Laws and Liberties and they have done a great part of it and as fast as they can are pulling down the remainder Quaerere debemus victoriam rationibus honestis ne salutem quidem turpibus We ought to pursue victory and the just ends of War by honest and lawfull means and not to do foul and dishonest things to procure our safety from the latter of which the mad fears and jealousies which the Parliament made use to usher in their pretences their fayning of Victories and scandaling the King and his actions not to insist upon their buying the Kings servants and secrets Battells Towns and Garrisons and making too many Judases of all that were about him will hardly be able to free them or if they could the making use of men and money intended for the support of Ireland and leaving them wallowing in their blood for seven years together whilst they were ruining their King that would have helped them violating of their oaths of allegiance and Supremacy which many of their Members had taken six or seven times over breaking their oaths taken in their protestation and Nationall Covenant and not so few at one hundred solemne promises and undertakings in their severall Petitions Remonstrances and Declarations forcing the People to take the Protestation and Covenant and compell them as soon as they had taken it to break them and by cozening and forcing them into Rebellions and perjuries cheat them out of their Religion Loyalty Laws and Liberties will without very good advocates be sure enough to condemn them and if the great Turk carrying the Covenant which Ladislaus the unfortunate King of Hungary was perswaded to break with him as an ensign of publick detestation in the battell wherein he sl●w him invoked the God of the Christians to help him to revenge so great a treachery there will be more reason now for all that are but Christians or but pretend to any morality ●o carry in their banner the Po●rtract of the Kings bleeding Head as it was cut from his shoulders and make War in revenge of the Master piece and totum aggregatum of all manner of wickedness and perfidiousness who besides all their own and the Peoples oaths taken to defend him when those they called Deliuquents some few onely which were specially named and excepted for obeying the known Laws of the Land as well as their oaths and consciences were never questioned for their lives but suffered to compound for their Estates would not suffer the King that was neither a Delinquent or excepted Person to enjoy either his Life or Estate though to save his people and keep them from killing one another he yielded himself became a Prisoner upon the publick faith of the Kingdoms of England and Scotland Paxaequa non est recusanda Licet victoriae spes adsit saith Besoldus A good or fitting Peace is not to be refused though the victory were certain And in this also the Parliament will be as far to seek for a justification as in the other For instead of offering any thing which was likely to bring it they caused men and women in the first year of their Warre to be killed because they did but petition them to accept of a peace and in the third and fourth year of their War plundered and robbed others that petitioned them but to hearken to it and put out of office and made all as De●●linquents in the seventh year of the Warre that did but petîtion them for a Treaty with the King and refused all the Kings many very many Messages for peace not onely when he was at the highest of his successe in the War but when he was at the lowest and a Prisoner to them and conjured them as they would answer at the dreadfull day of Judgement to pitty the bleeding conditions of his Kingdomes and People and send propositions of Peace unto him quarters and half years and more then a whole year together after the
of Officers in their Remonstrance of the 16 November 1648. made to the Parliament call the putting down of Monarchy and the establishing of their unjust ends the publick interest originally contended for on the Parliaments part and the Declaration and Votes of those that call themselves the Commons of England in Parliament assembled 1 January 1648. affirm the bringing of Delinquents to punishment which if they had been Delinquents is certainly a part of the Kingly Office the main if not the onely end of making this War And in another place thereof acknowledges the rooting out of Episcopacy and bringing Delinquents to punishment to be the onely motives that induced them to undertake this War And though Achan will neither confess nor be brought to punishment till the wrath and never-failing judgement of God shall bring them and their sons and their daughters and their successes and the Asses that follow them to be consumed in the field of Achor and the Fig-leaves which they have patched together to palliate and hide their nakednesse cannot keep out the eyes and understanding of a ruined Nation bleeding under the burden of their iniquity but whether ever confessed or never will be as plain as the most infallible demonstration they were never necessitated to make a War but were so far from the Justification of a defensive War as that they were altogether in the offensive For beside all that hath been said to prove them guilty of the blood and misery of this Nation who can think or be believed if he should be so mad as to say it That they were forced to make a War for that was none of their own or to take away tenures in Capite which was a principal Flower of his Crown or for a Reformation of Religion was already the envie and ambition of the best of the Reformed Churches or to commit Sacriledge and abolish Episcopacy which at the least was of Apostolical institution or to preserve the Statute of 25 E. 3. concerning what was Treason when they themselves committed most of the Treasons were mentioned in it and more than their forefathers and the makers of that Statute ever thought on But that we may do all the right we can to them have done so much wrong and the better carry on our judgements to a certain conclusion of that which God and all good and just men know to be true enough it will not we hope be impertinent in this our search and disquisition of the truth to proceed to the enquiry CHAP. V. Whether the Parliament in their pretended Magistracy have not taken lesler occasion to punish or provide against Insurrections Treasons and Rebellions as they are pleased to call them ALl in the neighbourhood of their Proceedings that know but any thing of them can tell it The Parliament have not been wanting to their own preservations and purposes in the exercise of the greatest jealousie vigilancy terror and authority over those they could get within their jurisdiction Witnesse Edward Archer who was whipt and punished almost to death for speaking but his ill wishes to the Earl of Essex when he was marching out of London with their Army against the King the imprisonment of their own Members for speaking against the Sense and Cabal of the House of Commons men and women old and young shut up under Decks ready to be stifled a ship-board upon suspition that they affected the King hanging of the two Bristol Merchants Master Bourchier and Master Yeomans for an endeavour to deliver to deliver up Bristol putting Colonel Essex out of the Government of that Town upon suspition of favouring the enterprise hanging of Master Tomkins and Master Chaloner for a purpose to force the delivery up of some factious men to Justice banishing Master Waller an eminent Member of the house of Commons for the contrivance of it searching the houses of forraign Ambassadors and intercepting and opening their Letters beheading Sir Alexander Cary for an intention to deliver up Plimouth and Sir John Hotham who adventured first of all to set up their authority and was magnified and almost adored for it for an intention only to deliver up Hull to the King executing of his son for joyning with his father in it hanging Master Kniveton one of the Kings Messengers but for bringing his Majesties Proclamation to London for the adjourning of the Term being a greater mis-usage then Davids Messengers received from King Ammon imprisoning starving and undoing of any that durst but own the King or send or bring any Message from him or his party or that did but give any aid or assistance to him to which their Oaths and Consciences and the jugling Covenant they themselves took and forced upon them did oblige them shooting and cannonading of the Queen when she came but to aid her husband and chasing and shooting after her at Sea a year after when she was going back into France from him sequestring wives and mothers that did but relieve their husbands and childrens wants when they returned out of the Kings service putting thousands of the Orthodox Ministers out of their Benefices and livelihoods for using the Common-Prayer-Book preaching true Doctrine and obedience to the King or praying for him at the same time when they pretended liberty of Conscience and prescription of Religion voting the Prince a Traitor for wishing well or being in company with his Father for he was too young to do any thing else for him and making or rather supposing charges of High Treason against those that either fought for the King or counselled him how to defend himself for but obeying the known Lawes they themselves made the world believe they made some part of the War for ordering all to die without mercy that did but harbour the King when he fled in a disguise before their Armies condemning men by a Court Martial after the War was ended and shooting them to death but for words or intentions And if this and many things more might be said of it be not enough what means so many Sequestrations and the bleating and lowing of mens Sheep and Oxen taken away from them since the Warre was ended but for words spoken either for the King or against them husbands and fathers undone for what their wives or children did without their privity the Mayor of London and divers Aldermen imprisoned but upon a suspicion of joyning with the Scots or something in pursuance of the Covenant they forced them to take or else would have undone them for refusing of it Garrisons and Armies with free-quartering and Taxes kept up after the War was ended and the people like sheep devoured to maintain them so much complaining in our streets and taking away the fifth part of many men in whole Counties as Essex Kent c. for joyning with some of the Kings Forces or for being forced to send provisions to them when they took up Arms some in pursuance of the Covenant and others of them to deliver the King
the Steward or an appeal may take a way the inconvenience of it A way of government worse then to be subject to the rule of so many fools for they might perchance doe that would be just or so many Knaves who but in playing the Knaves one with another or for reward might sometimes do that which was right or Mad-men which at intervals might do something which was reasonable worse then for every subject of England to be put to play at dice for his life or estate or any thing else he should crave a Justice to get or keep for then he might by skill or chance obtain something In fine worse then any example or way of Government the world hath as yet produced and can have nothing worse but Hell it self The Parliament and priviledges of it are destroyed and every mans life and estate in no better a condition then at the pleasure of the next pretenders to it All the Charters and Liberties of Cities and Corporate Towns Corporations of Trade and Companies of Merchants made void all the Merchandise Trade and Manufacture of the Kingdom laid open and in common to every one that will intrude upon it all that is in the Law concerning our Lives Estates Liberties and Religion made void and dependant upon the Arbitrary Independent power all that is in the Law concerning Navigation the Kings Protection of his people certainty of Customes Trade and Entercourse Leagues and Correspondencies with Forrain Princes expired or annihilated and all that our Fore-fathers have obtained by way of Lawes and Settlement and certainty of Estate are now at dispose of our vote-mongers who in stead of a most pious and gracious King governing by known Lawes have set us up 43. or 50. Kings and ten times as many more Knaves and Fools who will govern by no Law but such as they shall call Lawes and make themselves can be accusers witnesses and Judges at one and the same time and if need be condemn and take away mens Estates first and try them after two or three yeares Petitioning for it a bondage slavery in the general more then ever any of our Ancestors tasted of For the Romans whose Justice and Morality at home and Vertue and Temperance abroad made them free enough from Tyranny did but make them as Tributaries The Picts made but temporary incursions and a wall could be made against them The Saxons and Danes brought us good Lawes and William the Conquerour was content to restore them And all that succeeded him since understood a government by Lawes to be their own as well as the peoples security but this which they have now brought upon us and would keep us under is a misery beyond that was suffered under the 30. Tyrants of Athens Spartan Ephori or Romes Decemvirat for there were something of Lawes and Rules to govern by The Children of Israel in the Egyptian slavery had a property in their goods and cattel and were at liberty to serve a better God then that of their Masters and though they had their burdens doubled upon them were not kill'd imprisoned or sequestred for petitioning against the sense of Pharaoh The Jewes in Captivity had so much liberty of Conscience allowed to them as to play upon their Harps and sing the Songs of Sion in a strange Land The frozen Russians though so dull and ignorant as when they are asked any matter of State or difficulty make answer God and the great Duke knoweth breath not under so Arbitrary lawlesse a government The Grecians had not their Lawes Religion and Liberties as we have all at once taken from them nor can the sufferings of them or any other vassals of the Ottoman Port or those that live under the Crim Tartar equal the one half of our English slavery Into which we had never fallen or come at all or so long groaned under had we but served God and the King as we ought to have done and not wr●sted the sense as well as the plain words of the Scripture and the Lawes of the Land to enable the sons of Zerviah to be too hard for us and bring all manner of mischief confusion and wickednesse upon us more then Romes and Constantinoples Antichrist ever brought upon a people and from which the King had delivered us if we had not Cursed Reviled Prayed Contributed and Fought against him for endeavouring to Protect us How gracious then was he who endured the heat of the day and cold of the night to preserve a great deal more for us then Nabals sheep could amount unto yet being worse used then ever David was for it could not tell how so much as to threaten to doe that which David had so great a mind to doe but fought as long as he could to Protect them would not so much as defend themselves but did all they could to ruine those that defended him And how much was he beyond Codrus the Athenian King the Roman Curtius or Decii if all that the Ancients wrote of them were true who sacrificed themselves but not their Estates and Posterity to preserve the Publique and how good beyond example or the credit of any History who made himself a Martyr for his peoples lives and liberties and endured so many deaths and suffered more indignities then all the Kings of England put together have ever endured to preserve a people have for a great part of them either by Rebellion or an accursed Newtrality helped to ruine him and when he knew whatsoever Conditions or Propositions he should be forced to yield unto would by the Law of God as well as the Civil and Common Law the Lawes of Nature and Nations and the dictates of every common mans reason and apprehension have been void in the very making of them and could not have reached to his Posterity and that if he would but have surrendred up his people and gone along with their new Masters in their Arbitrary and Tyrannical government as some of his last words upon the Scaffold plainly intimate and sided with 20. or 30. of the Faction and delivered up the sheep to the Wolves he might no doubt have had a good part of the Fleece to his own share or but wirh Sampson have pleased himself with revenge and delivered up a people to Slavery were at so much expence of Treasure and Blood and their own Soules to bring their Soveraign to it might have worn the Title of a King and played the wanton with Sardanapalus in the company and delight of women pleased his palat with Vitellius his pride if he had any with Bassianus his cruelty if he could ever have been guilty of it with Commodus and with Childerick the lazy King of France in a Chariot deck't with garlands whilst others governed for him been at certain times of the year onely exhibited to the people and like the Minotaure of Creete wallowed in the labyrinth of Parliament Priviledges and devoured his people did notwithstanding refuse to