Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	power_n	successor_n	2,893	5	9.1968	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69826	The Cry of the innocent for justice being a relation of the tryal of John Crook, and others, at the general sessions, held in the Old Bayley, London : beginning the 25th day of the 4th month, called June, in the year 1662 : before the lord mayor of the city of London, and recorder of the same, chief justice Forster, and divers other judges and justices of the peace, so called : published for no other end but to prevent mistakes, and to satisfie all moderate enquirers, concerning the dealings and usages that the said J.C. and others met withal, from the beginning of the said tryals to the end.	Crook, John, 1617-1699.	1662 (1662)	Wing C7200; ESTC R38831	38,768	46

me leave and the occasion requires it is to the point in these two heads viz. matter of Law and matter of Conscience to matter of Law I have this to say first as to the Statute it self it was made against the Papists occasioned by the Gunpowder-Plot and is entituled For the better discovery and suppressing of Popish Recusants but they have liberty and we are destroyed what in you lyes Interrupted by the Judges and disturbance of the Court As to Conscience I have something to say and that is It is a tender thing and we have known what it is to offend it and therefore we dare not break Christ's Commands who hath said Swear not at all and the Apostle James said Above all things my Brethren swear not interrupted the Court calling again to the Executioner to stop my mouth which he did accordingly with his dirty cloth as aforesaid and his Gag in his hand Judg. Hear the Jury who said something to him which was supposed to give in the Verdict according to his order for they were fit for his purpose as it seems they beginning to lay their heads together before we had spoke any thing to them only upon his words Judg. Cryer make Silence in the Court then the Recorder taking a Paper into his hand read to this purpose viz. The Jury for the King do find that John Crook John Bolton and Isaac Grey are Guilty of Refusing to take the Oath of Allegiance for which you do incur a Premunire which is the forfeiture of all your real Estates during life and your personal Estates for ever and you to be out of the King's Protection and to be imprisoned during his pleasure and this is your Sentence I. C. But we are still under God's Protection Record Adjourn the Court which was done accordingly and we remanded to Newgate where we remain Prisoners Now follows a Copy of the Indictment with some Notes and Observations on the same whereby it may appear how false it is and how easily it might have been quasht for insufficiency had we been allowed time which by Law they ought to have granted and been suffered to have made our own Defence but that they would not do but stopt our mouthes as before is said by the hands of the Executioner to prevent what otherwise as the Judge said might have come to pass viz. by having liberty to make our Defence by that means we should make our selves famous and them odious JUr pro Dno Rege super sacru suu presentant qd Ad. General Quarteral Session Pacis Dni Regis tent pro Civitat London apud Guihald ejusdem Civitat die Mercurij scilt vicessimo quinto die Junij Anno Regni Dni n'ri Caroli sc'di Dei gra Angliae Scot ' Franc ' Hiberniae Regis Fidei defensor c. quarto decimo coram Joh. Frederick Milite Majore Civitat London Thoma Adams Milite Baronet Rico ' Browne Milite Baronet Thoma Aleyn Milite Baronet Aldr'is d' ce Civitat ac al. Sociis suis Justic dci d'ni Regis ad Pacem in Civitat pred conservand Necnon ad diver's felon transgr al. malef'ca infra eandem Civitat perpetrat audiend terminand assign Sessio ista pacis adjornat fuit per prefat Justic dc'i d'ni Regis ib'm usque diem Jovis scilt vicessim sext diem ejusdem mensis Junij anno supradicto ad horam septimam ante merid ejusdem dici apud Justicehall in le Old Bailey in Paroch sci Sepulchri in Warda de Farringdon extra London pred tenend coram prefat Justic al. Sociis suis ad faciend ulterius prout Cur. Con. c. Ac ad eundem diem Jovis vicessimum sextum diem Junii Anno quarto decimo supradicto General Quarterial Sessio ista pacis tent fuit pro Civitat London pred per adjornament pred apud Justicehall pred in Paroch Ward pred coram praefat Johe Frederick Milite Majore Civitat London Thoma Adams Milite Baronet Ricardo Browne Milite Baronet Thoma Aleyn Milite Baronet Aldr'is d' ce Civitat ac Willo Wilde Milite Baronet uno Servien dc'i dni Regis ad Legem ac Recordator Civitat pred Ac al. Sociis suis Justic d'ci D'ni Regis ad Pacem in Civitat pred conservand Necnon ad divers felon transgr et al. malefa infra eandem Civitat perpetrat audiend terminand assign Ac adtunc ibm praed General Quarterial Sessio Pacis pred ulterius adjornat fuit per prefat Justic usque diem Veneris scilt vicessim septim diem dci mensis Junii Anno quarto decimo supradicto ad horam septimam ante merid ejusdem diei apud Justicehall pred in Parochia Warda praed tenend coram praefat Justic al. Sociis suis ad faciend ulterius prout Cur. Con. Ac superinde ad istant eandem General Quarteral Session Pacis tent pro Civitat London per Adjornament praed apud Justice-hall praed in Paroch Warda praed dco die Veneris vicessimo septimo die Junii Anno quarto decimo supradicto coram praefat Johe Frederick Milite Majore Civitat London ' Thoma Adams Milite Baronet Rico. Brown Milite Baronet Rico. Chiverton Armigero Thoma Aleyn Milite Baronet Aldr'is d' ce Civitat Ac Willo Wilde Milite Baronet uno Servien dci ' D'ni Regis ad Legem ac Recordator ejusdem Civitat ac al Sociis suis Justic d'ci D'ni Regis ad Pacem in Civitat praed conservand Necnon ad divers felon transgr al malef'ca infra eand Civitat perpetrat audiend terminand assign in aperta General Quarterial Session praed praefat Justiciar Pacis ult noiat existentes major pars Justic Pacis ipsius D'ni Regis infra d'cam Civitat London ' ad tunc scilt dco vicessimo septimo die Junii Anno quarto decimo supradco apud dcam Paroch Sci. Sepulchri in Warda de Farringdon extra London praed presen existend obtuler Anglie die tender Johi Crooke nuper de London Generoso Johi Bolton nuper de London Aurifabro Isaac Gray nuper de London Generoso eor cuilibt seperatim per se ad tunc existen cuilibt eor existen ultra etat octodecim Annor Jurament content in quodam Actu in Parliament Dni Jacobi nuper Regis Angliae tent per Prorogationem apud Westm in Com. Middles quinto die Novembris Anno. Regni sui Angliae Franc. et Hiberniae tertio et Scotiae tricesimo nono nuper edit et pro vis in hijs Anglicanis verbis sequen viz. I do truly and sincerely acknowledge profess testifie and declare in my conscience before God and the world that our sovereign Lord King Charles the second is lawful and rightfull King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the

Church or Sea of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesties Kingdoms or Dominions or to authorize any forreign Prince to invade or anoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his Sea against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my heart abhor detest and abjure as impious and heretical this damnable doctrine and position That Princes which be Excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever And I do believe and in my Conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully ministred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true faith of a Christian So help me God Ac qd prefat Justic pacis ult no'iat ad tunc scilt dco vicessimo septimo die Junii Anno quarto decimo supradicto apud Paroch et Ward praed in dca Quarterial Session pacis praed ●osdem Joh'em Crooke Joh'em Bolton et Isaacum Gray et eor quemlibt seperatim per se requisiver ad Jurament illud super Sacrosca Dei Evangel capiend Quodque iidem Johes Crooke Johes Bolton et Isaacus Gray Jurament praed sic per pr. noi'at Justic paces ejusdem Johi Crook Johi Bolton et Isaaco Gray ut praefectur oblat et requisit adtunc et ibm obstinate et pertinaciter cape recusaver et quilibt eor Recusavit In malum exemplum omniu alior dci Dni Regis nunc fidel subdit Et in contempt dci Dni Regis nunc legumque suar Contraformam Statut. praed Ac contrapacem dci Dni Regis nunc Coron et Dignitat suus c. WILD Memorand That in the Writ of Oyer and Terminer Pasche 9. Hen. 8. upon the Insurrection in London It was resolved clearly by all the Justices of England That the Justices of Oyer and Terminer cannot enquire one day and the same day determine no more can the Justices of the Peace c. but the Justices of Goal-delivery and Justices in Eyre may well do it El. 8. Keylewayes Rep. f. 159. b. pl. 2. but they do not call themselves so in the Indictment If one in his absence be found guilty of an offence whereby he incurs a Premunire he hath two months time allowed him after he is out-lawed to be heard 27 Ed. 3. 1 cap. Cook upon Littl. sect 201. fo 134. b. saith That the ancient Law was upon tryals for Felony c. the Defend had 15 dayes time or more if he prayed it to consider of his Answer With this agrees Britton fo 10. b. Fortescue in libro de laudib Legum Angliae Mirror of Justice cap. 4. sect 7. The Statute of 28 Ed. 1. 9. provides that Inquests shall be of the next neighbours most sufficient and least suspicious upon penalty of double dammages 25 Ed. 3. cap. 3. No Indictor be upon the Inquests for Felony nor Trespass if challenged 34 Ed. 3. 4. Juries to be of the next people not to be suspected or procured With this agrees Regist fo 178. 11 Hen. 4. 9. That if any Indictment be made but by Inquest returned by the Sheriff without denomination to him of their names by any but his sworn Officer it shall be void Reader these Notes and Observations are here set down that thou mayest both know thy priviledge by the Law which is good being used lawfully and also what usage we have met withall from those who should know the Law and are sworn truly to minister the same without respect of persons But for such Judges to punish so severely for refusing to swear and themselves to be so regardless of keeping an Oath when they have sworn surely is one Argument and that a good one too to convince me and others of the lawfulness of not swearing at all would be the heedfulness and careful observance of them that have already sworn to keep their Oaths at least until this be done to forbear punishing those that fear an Oath otherwise it may be said to them as was said in the like case Thou that sayest a man ought to swear through breaking thine Oath dishonourest thou God Surely these things ought not so to be What a Judge doth is looked upon as a thing that ought to be done and therefore his miscarriage hurts the more Besides the Judges Judgments become as Presidents and Records and what Robbery is like to that when the Law it self shall be made use of by unrighteous Judges to rob and dispoil us of our Estates and Liberties Judges should suppose all men to be good till they be proved to be evil and the Rule of Law is quod in Criminalibus Probationes debent esse Luce clariores Englisht in Criminal Cases Proofs ought to be as clear as the Light that they may rather condemn than the Judge But I shall end this Particular with this Maxime as my Judgment Melius est omnia mala pati quam uno malo consentire Englisht It is better to suffer all evil than to consent to one evil Now followeth those two points of Law and Conscience which J. C. desired of the Court that he might be heard to speak to them as God should give him utterance