Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	duke_n	king_n	richard_n	5,531	5	9.4247	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43107	A reply to a sheet of paper, intituled, The magistracy and government of England vindicated, or, A justification of the English method of proceedings against criminals, by way of answer to the defence of the late Lord Russel's innocence, &c. written by John Hawles ...	Hawles, John, Sir, 1645-1716.	1689 (1689)	Wing H1189; ESTC R12198	38,849	39

Baker's Chronicle as much to the purpose and of as good Authority as this where one Walker said He would make his Son Heir to the Crown meaning his House whose Sign was the Crown and it was adjudged Treason and Walker hang'd for it a Case I as much believe to have happened as the Author 's The truth is the Case is not put like a Lawyer If he had said That the prittle prattle between Balshall and the Plowman had been adjudged Evidence of an intention to levy War and that such intention of levying War had been in that Case adjudged Treason he had said something to the purpose but to tell an idle story and say That that talk was adjudged Treason if true would carry no Authority with it I would fain know what part of it is Treason Was it Balshal's troubling a Man at Plow with idle talk or telling the Plowman a lye or advising him to go to K. R. who was in another World which was as much as bid the Plowman hang himself in order to go to R. 2. and so sold him a bargain I cannot indeed see against which Branch of the Statute of Edward the Third the expressions were offences Sir Henry Vane's Case was advising a War which followed and advising it while on Foot and besides it was expresly proved as I have heard that he advised the excluding the Family of the Stewarts from the Crown The Case of Constable and all the other Cases are to the same purpose because as the Author says and so was the reason of them they directly tended to depose the Queen as affirming Edward the Sixth was alive and pointing to such an one as my Lord Coke says which being accompanied with other Circumstances was good Evidence of his intention to depose the Queen And even that Case may answer Balshall's Case in affirming Richard the Second to be alive for then Henry the Fourth was not rightful King But I am sure neither prove an intention to levy War to be High Treason but a repetition of a number of Cases makes a Mutter and a Noise It is strange that the Author should cite Throgmorton's Case as a Case for him whereas it is against the express Authority of my Lord Coke who quotes Throgmorton's Case for his Opinion That conspiring to levy War is not High Treason and the express Authority of my Lord Dyer who reports that Case and gives the reason That Throgmorton was guilty of Treason because Wiat with whom he was concerned actually levyed War. If A advise B to kill C who does it it is Murther in both if B doth it not it is not Murther yet A is equally guilty of the Consult the Author would do well to shew the reason of the difference between this Case and what he puts It is strange the Author should say Owen's Case was only for disswading People from their Fidelity whereas he says himself his Crime was his saying the King might be killed and it was no Murther Are the Cases of Burton the Duke of Norfolk Sparhawkes Awater Heber or Crohagan to the purpose when the Author confesses their Crimes were denying the King's Title to the Crown and endeavouring to settle it on another Head which are direct Evidences of an Intention to depose the King which none ever yet denyed to be Treason though the Author mistakes for Burton was indicted on the 13 El. and it was for conspiring to pull down Enclosures the Duke of Norfolk was indicted for conspiring the Death of the Queen and adhering to Herris the Scot and others the Queens Enemies and for that purpose is the Duke's Case cited in my Lord Dier and my Lord Coke In Sir W. Ashton's Case nothing but the Indictment appears and it doth not appear that any Judgment was given on that Indictment and if there were it is plain his Crime was endeavouring to set up the Duke of York who had right to the Crown and depose Henry the Sixth The Offence of Germain and Taylor if they were two Persons but Taylor seems to me to be the addition of Germain was for endeavouring to Depose Edward the Fourth and compassing his Death what the Evidence against him was doth not appear Burett's Indictment was for compassing the King 's and his Eldest Son's Death by Witchcraft and Necromancy and it adds likewise That he endeavoured to stir up War by scattering Ballads where the scattering Ballads is rather an Overt-act of his intention to levy War than his intention to levy War an Overt-act of his compassing the Death of the King or the Death of his Son. Collingbourn's Case was for compassing Richard the Third's Death and adhering to the Earl of Richmond and other Traitors and scattering Ballads to move an Insurrection The Viscount Stafford's Case was for compassing the King's Death and the Evidence was of Consults tending that way and the Authority of that Case ought to have been spared for the same reason that Coleman's Case ought not to have been mentioned The Legality of Colledge's Indictment hath been questioned and was questioned by Colledge as appears by his Trial licensed by his Enemies and if those in whose Custody he was had not robbed him of his Papers he had raised such Objections that his Enemies neither then nor since would have been able to have answered And though the Author says he armed himself and advised others to do the like yet there was no pretence of Proof that he did or advised others so to do on any other account than to defend him and themselves which is indeed an Overt-act of an intention to defend himself but not of offending others the first of which at that time was though never at any other time hath been construed High Treason But how vain is the Author to quote the Proceedings in that Trial to justifie the Proceedings in the Lord Russel's Trial when two of the Judges were the same which sate on both Trials What the Indictment against Sir Henry-Vane was I know not and I did not think it worth my time to enquire It is plain his Crime was making War and deposing the King both which as it is said were proved against him And if in his Indictment and the Indictments of Monmouth's Men it was added That they compassed the Death of the King it was only added as an additional Treason and the levying War which was so exprest in all the Indictments in the West was not so exprest as an Overt-act of compassing the King's Death but as a distinct Treason within the Statute of Edward the Third though if it should be granted that levying War is an Overt-act of compassing the King's Death it doth by no means follow that an intention to levy War is an Over-act of compassing the King's Death which is what the Author is to prove And now after all the muster of words the Author hath made there is not one Case he hath cited which proves That the intention of levying War is high Treason

this Realm and that was held an Overt-act of imagining the King's Death In the Lord Cobham 's and Sir Walter Rawleigh 's Case a Conspiracy Consult and Agreement to promote an Insurrection and procure an Invasion was held an Overt-act I Jac. 1. and their meeting consulting and agreeing was laid as an Overt-act though discovered before the thing took effect Dr. Story 's Case which is mentioned by the Lords Dyer and Coke was no more than a Practice and Persuasion to promote an Insurrection and Invasion and the Overt-act that was alleadged was the writing of Letters for that purpose which is no more influential towards it nor so much as frequently meeting consulting and conspiring and at last concluding and agreeing to make an Insurrection The Case of Mr. Coleman was no other for whatsoever the Indictment laid the Evidence was only of Letters to the like effect as to this point with those of Dr. Story and that Case of Dr. Story was before the 13 Eliz. which made a new Treason during her Life for the Tryall was in Hillary Term and the Parliament did not begin till April following A Machination or Agreement to raise a Rebellion naturally tends to the Destruction both of King and People and an Advice to it hath been adjudged so as in the Reign of Hen. 4. one Balshal going from London found one Bernard at Plow in the Parish of Ofley in the County of Hartford Balshal told him that King Ric. 2. was alive in Scotland which was false for he was then dead and advised him to get Men and go to King Richard in Mich. 3. Hen. 4. Rot. 4. you 'll find this adjudged Treason Throgmorton 's Case is as plain for his was only a Conspiracy to levy War within this Realm he did not joyn in the Execution and the Conspiracy alone was declared to be a sufficient Overt-act by the Judges 'T is no Answer to it to say that a War was afterwards levied for quoad him 't was a bare Consult his Offence was no more than that In Sir Henry Vane 's Case meeting and consulting were alleadged and held to be Overt-acts The Case of Constable mentioned in Calvin 's Case was only an Act tending to deposing the Queen as dispersing Bills in the Night that Edw. 6. was alive in France and held an Overt-act declarative of his compassing her Death and he was executed for it and in the Report of Calvin 's Case you have several other Cases mentioned where endeavours to withdraw Subjects from their Allegiance have been adjudged Overt-acts of this species of Treason the compassing c. The word Compass in the Statute is of a larger extent than only to mean an actual Assault on the King's Person and an endeavour to cut his Throat it most certainly implies any consult or practice of another thing directly which may produce that effect as dissuading people from their Fidelity such was Owen 's Case in K. James 1st's time in the 13th year of that Reign his Advice was to this effect That King James being excommunicated by the Pope might be killed by any man and that so to doe was no Murther for being convicted by the Pope's Sentence he might be slaughtered without a fault as an Executioner hangs a Criminal condemned by Law and for this he was hang'd as a Traitor He that denies the Title to the Crown and endeavours to set it upon another's Head may doe this without a direct and immediate desiring the Death of him that wears it so said Saint-John in his Argument against the Earl of Strafford and yet this is Treason as was adjudged in the Case of Burton and in the Duke of Norfolk's Case 13 Eliz. This denying of the Title with Motives though but impliedly of Action against it hath been adjudged an Overt-act of compassing the King's Death as it was in John Sparhawk 's Case Pasch 3 Hen. 4. Rot. 12. The like was the Case of John Awater who was indicted for a Treason of that ture in Kent and the Indictment removed into B. R. Trin. 18 Ed. 4. see Rot. 17. and he was thereupon afterwards outlawed as a Traitour and so was Thomas Heber at the same time and words significative of an actual intention have been held so as are the opinions in Yelver 107. 197. Arthur Crohagan 's Case Cro. Car. 332. and abundance of others might be named as they are reported in our Law Books but I do not particularly mention them for that their Authority in some of them is very slender and may be ill used to the straining of rash and unadvised Words into a signification of a man's compassing when perhaps the man never thought as he spoke however all of them do evince that advised and deliberate Preparations moving to a danger to the King's Person have all along been held Overt-acts of a compassing his Death and some of them prove that Preparatives and Motives to the levying of a War have been held Treason as was Sir William Ashton of Suffolk 31 Hen. 6. mentioned in Cro. Car. 119. for making Ballads reflecting upon the King and writing Letters to the Men of Kent exciting them to rise to aid the then Duke of York c. ad guerram levandam and no mention of any War actually levied Germain and Taylor 's Indictment hath very little more in it mentioned than the like Preparations and Incitements to a Rebellion and yet the Treason there laid was a compassing the King's Death anno 2 Edw. 4. as at large appears in the same Report of Cro. Car. amounts to no more than the Indictment in question viz. That he compassed the King's Death and to accomplish that Intention he dispersed divers Writings c. ad intentionem that the People should rise and levy War c. the Judgment in that Case Drawing Hanging and Quartering the like is Collingbourn 's Case 2. Rich. 3. in the same Rep. 122 where he is indicted in like manner for exciting and moving the People to an Insurrection and War and he incurred the like Judgment which Cases are infinitely short of this in question and it cannot but be wondred that any man who has read them should question whether a consulting and conspiring about rising and an actual agreement and determination to rise be an Overt-act of compassing the King's Death In the very Tryall of the Lord Stafford is it affirmed by Sir William Jones who was certainly of great Authority with the Authour that the meeting and consulting together is an Overt-act though the thing agreed on be never put in Execution and 't is there resolved by the Judges that the same Treason may be proved by two Witnesses to several Overt-acts though one speak of Words or Actions that were spoken or done at one time and place and another speak of Words or Actions at another time and place which argues that Words much more a Consult and Agreement may make an Overt-act Even in the Case of Stephen Colledge in which though