Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	elder_a	king_n	son_n	7,329	5	5.5275	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60121	The magistracy and government of England vindicated in three parts : containing I. A justification of the English method of proceedings against criminals, &c. II. An answer to several replies, &c. III. Several reasons for a general act of indempnity.	Shower, Bartholomew, Sir, 1658-1701.	1690 (1690)	Wing S3655; ESTC R38174	44,043	38

entice his Reader into a patient perusal of what follows and prejudice him against the Sheet he pretends to answer He is very frank in styling it a Libellous Pamphlet and the Author some rank bigotted Papist but to what purpose no Man can divine unless it were to expose him to the rage of the Mobile but his Name was never posted and so he is safe from that danger The Assertions are two that there was neither Charge nor Proof that the Indictment and Evidence were both insufficient I must confess that it would be a mighty Addition to the Liberty of the Subject to have the Law established and declared to be what the late Judge doth argue it is for then there would be a freedom for Malecontents to endeavour their own satisaction by Conspiracies and Consults and that with impunity But as the Law was and always hath been taken to be an English Subject hath very little colour for his pretence to such a privilege as that Doctrine gives The Indictment is that at such a place and time he did compass and imagine not only to deprive the King of his Government and Royal State but to kill and put him to death and to procure a miserable Slaughter amongst the King's Subjects and to subvert the Government of England and to raise a Rebellion against the King Then follows That to fulfill and perfect these Treasons and traiterous Imaginations he together with other Traiters did then and there with them traiterously consult conspire conclude and agree to raise a Rebellion and to seise and destroy the Guards of the King's Person contra c. Now whether these last acts be not a natural and genuine Evidence of the former let any rational Man judge But I will particularly prove that this Indictment was sufficient to warrant the Judgment which the Court gave and pronounced upon a Verdict that the accused was guilty of that Fact in the Indictment and then answer the Objections started against it First there 's a sufficient Treason alledged And secondly here 's a sufficient Overt-act both these I 'll agree are necessary and if either were wanting the Indictment was naught Now it must be agreed to me that the first is clear and plain for by the Law to compass or imagine the death of the King Queen or their eldest Son is High Treason It is true by the same Law some open act of which humane Justice can take a conusance is requisite to be proved the very words of the Statute do expresly require it and in truth it is no more than what must have been had no such words been used for thoughts are secret and can never be arraigned proved or censured any otherwise than as they are discovered by some Overt act so that that Clause requiring an appearance of the compassing and imagination by some Overt-act or open Deed is no more than would have been impliedly requisite had the Clause been omitted 'T is the imagination and compassing which is the Treason that alone is the Crimen lesae Majestatis which is prohibited and condemned the Overt-act is not the Treason that 's only a necessary Circumstance without which no Court can ever take conusance of the other And it is necessary to alledge some such Deed à necessitate rei without respect to the words of that Statute I insist the longer upon this because it is used as an Objection that the Clause of proveably attaint by c. is restrictive whereas it is not so for it is only to make that first specified Treason of Imagination and Compassing to be a thing intelligible and triable and farther to prove this it is considerable that this Requisite of the Overt-act is of use and necessity barely and only in the case of that which is first mentioned viz. Compassing for the other sorts of Treason are Acts themselves whereof notice may be had as levying War violating the Queen's Bed and the like and in an Indictment you need only alledge the Facts themselves as that there was a War levied there was a carnal knowledge had and the like And this farther appears from the very Form of Indictments used ever since that Statute for there never was an Indictment and if there were it could never be good barely averring an Overt-act without an express allegation of the Compassing Then the matter results solely into this Question Whether the Fact here laid be naturally and necessarily declaratory of the Parties Imagination to destroy the King for if so the Indictment is undoubtedly good and it can never be called a constructive Treason or a thing devised by the Judge's Iterpretation of the Statute for they adjudge no more Treason than what the Statute declares and that is an Imagination of the King's Death now whatsoever is significative of a Man's intention or imagination is a sufficient Overt-deed to demonstrate that that Man had such intention or imagination and whatsoever is expressive or significative of a Mans intending compassing or imagining of the King's Death is a sufficient Overt act to prove and make such a Man a Traitor within this Law Now that a Consult about and an Agreement and Conclusion actually to seise the King's Guards and raise a Rebellion are a natural and genuine Declaration that the Person who did so consult agree and conclude did compass and imagine the Death of the King is surely plain enough for a Rebellion if succesfull can determine in nothing else but the King's Death either Natural or Civil which is all one within this Law now he that designs and intends the necessary means naturally conducing to a particular end that Man may certainly be said to intend and design that end Causa Causae est Causa Causati If the Deed tend and conduce to the Executionof the Treason that 's a sufficient overt Act says Coke 3. Inst 12. and in the same Book fol. 6. he hath these Words That he who declareth by overt Act to depose the King is a sufficient overt Act to prove that he compasseth and imagineth the Death of the King and so it is to imprison the King to get him into his Power and to manifest the same by some overt Act this is also a sufficient overt Act for the intent aforesaid In 3 Inst p. 12. 't is held that a Preparation by some overt Act to depose the King or take the King by force and strong hand or to imprison him till he hath yielded to certain Demands that is a sufficient overt Act to prove the compassing and imagination of the King's Death for that this upon the matter is to make the King a Subject and to despoil him of his Regal Office and so he says it was resolved by all the Judges of England Hill 1. Jac. 1. in the Case of the Lord Cobham Lord Gray Watson and Clark Seminary Priests and so he tells us in the same place that it had been resolved by the Justices in the Case of the Earls E. and S.