Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	witness_n	word_n	write_v	119	3	5.1440	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63192	The tryal of Sir Henry Vane, Kt. at the Kings Bench, Westminster, June the 2d. and 6th, 1662 together with what he intended to have spoken the day of his sentence (June 11) for arrest of judgment (had he not been interrupted and over-ruled by the court) and his bill of exceptions : with other occasional speeches, &c. : also his speech and prayer, &c. on the scaffold.	Vane, Henry, Sir, 1612?-1662, defendant.; England and Wales. Court of King's Bench.	1662 (1662)	Wing T2216; ESTC R21850	115,834	133

despising God's precious Saints but in Heaven there is a good reception for them where are Mansions prepared from the beginning of the world He said You will shortly see God coming forth with Vengeance upon the whole Earth Vengeance upon the outward-man of his Saints and Vengeance upon the inward-man of his and their Enemies and that shall perform greater execution than was heretofore After his Sentence he said to some Friends God brought him upon on three stages to wit before the Court and was now leading him to the fourth his Execution-place which was far easier and pleasanter to him than any of the other three Saturday June 14. 1662 being the day of his Execution on Tower-Hill He told a Friend god bid Moses go to the top of Mount Pisgah and die so he bid him now go to the top of Tower-hill and die Some passages of his Prayer with his Lady Children and other Friends in his Chamber MOst holy and gracious Father look down from the habitation of thy Holiness visit relieve and comfort us thy poor Servants here gathered together in the Name of Christ Thou art rending this Vaile and bringing us to a Mountain that abides firm We are exceeding interrupters of our own joy peace and good by the workings and reasonings of our own hearts Thou hast promised that thou wilt be a Mouth to thy People in the hour of Tryal for thou hast required us to forbear the preparatory agitations of our own minds because it is not we that are to speak but the Spirit of our heavenly Father that speaketh in us in such seasons In what seasons more Lord than when thou callest for the Testimony of thy Servants to be writ in Characters of Blood Shew thy self in a poor weak Worm by enabling him to stand against all the power of thy Enemies There hath been a battel fought with garments rouled in blood in which upon solemn Appeals on both sides thou didst own thy Servants though through the spirit of Hypocrisie and Apostacy that hath sprung up amongst us these Nations have been thought unworthy any longer to enjoy the fruits of that Deliverance Thou hast therefore another day of decision to come which shall be wrought by fire Such a battel is to begin and be carried on by the Faith of thy People yea is in some sort begun by the Faith of thy poor Servant that is now going to seal thy Cause with his Blood Oh that this decision of thine may remarkably shew it self in thy Servant at this time by his bold Testimony and sealing it with his Blood We know not what interruptions may attend thy Servant but Lord let thy Power carry him in a holy Triumph over all difficulties Thou art the great Judge and Law-giver for the sake of thy Servants therefore O Lord return on high and cause a righteous Sentence to come forth from thy presence for the relief of thy despised People This thy Servants with Faith and Patience wait for The working of this Faith in us causeth the Enemy to give ground already If Death be not able to terrifie us from keeping a good Conscience and giving a good Testimony against them what can they do but stumble and fall backwards The day approaches in which thou wilt decide this Controversie not by Might nor by Power but by the Spirit of the living God This Spirit will make its own way and run through the whole Earth Then shall it be said Where is the fury of the Oppressor Who is he that dares or can stand before the Spirit of the Lord in the mouth of his Witnesses Arise O Lord and let thine Enemies be scattered Thy poor Servant knows not how he shall be carried forth by thee this day but blessed be thy great Name that he hath whereof to speak in this great Cause When I shall be gathered to thee this day then come thou in the Ministry of thy holy Angels that excel in strength We have seen enough of this World and thou seest we have enough of it Let these my Friends that are round about me commit me to the Lord and let them be gathered into the Family of Abraham the Father of the Faithful and become faithful Witnesses of those principles and Truths that have been discovered to them that it may be known that a poor weak Prophet hath been amongst them not by the words of his mouth onely but by the voice of his Blood and Death which will speak when he is gone Good Lord put words into his mouth that may daunt his Enemies so that they may be forced to say God is in him of a Truth and that the Son of God is in his heart and in his mouth My hour-glass is now turned up the sand runs out apace and it is my happiness that Death doth not surprize me It is Grace and Love thou dost shew thy poor Servant that thou hastenest out his time and lettest him see it runs out with Joy and Peace Little do my Enemies know as eager as they are to have me gone how soon their breaths may be drawn in But let thy Servant see Death shrink under him What a glorious sight will this be in the presence of many Witnesses to have Death shrink under him which he acknowledgeth to be only by the power of the Resurrection of Jesus Christ whom the bands of Death could not hold down Let that Spirit enter into us that will set us again upon our feet and let us be led into that way that the Enemies may not know how to deal with us Oh! what abjuring of Light what Treachery what meanness of spirit has appeared in this day What is the matter Oh! Death is the matter Lord strengthen the Faith and Heart of thy poor Servant to undergo this dayes work with Joy and Gladness and bear it on the Heart and Consciences of his Friends that have known and seen him that they also may say the Lord is in him of a truth Oh that thy Servant could speak any blessing to these three Nations Let thy Remnant be gathered to thee Prosper and relieve that poor handful that are in Prisons and Bonds that they may be raised up and trample Death under foot Let my poor Family that is left desolate let my dear Wife and Children be taken into thy Care be thou a Husband Father and Master to them Let the Spirits of those that love me be drawn out towards them Let a Blessing be upon these Friends that are here at this time strengthen them let them find Love and Grace in thine Eyes and be increased with the Increasings of God Shew thy self a loving Father to us all and do for us abundantly above and beyond all that we can ask or think for Jesus Christ his sake Amen Several Friends being with him in his Chamber this morning he oft encouraged them to chearfulness as wel by his example as expression In all his deportment he shewed himself marvellously fitted to

The Parliament who appointed the Council must be much more unwarrantable And here he offered these points to be considered and pray'd earnestly to have Counsel assigned him to speak to them 1. Whether the collective body of the Parliament can be impeached of High Treason 2. Whether any person acting by Authority of Parliament can so long as he acteth by that Authority commit Treason 3. Whether matters acted by that Authority can be called in question in an inferiour Court 4. Whether a King de jure and out of possession can have Treason committed against him he not being King de facto and in actual possession and pray'd it might be argued by Counsel 5. Whether matters done in Southwark in another County may be given in evidence to a Middlesex Jury As to the last Exception the Court said That he was indicted for compassing and imagining the King's Death in Middlesex and any overt act to prove this Imagination may be given in evidence wheresoever it be acted To which Sir Hen. Vane prayed the benefit of a Bill of Exception upon the Statute of Westminster 2. cap. 31. and prayed that the Justices might seal it which they all refused and held it lay not in any case of the Crown The King's Counsel desired he might call his Witnesses if any he had for if they once came to reply to him he must then be silent and consented that if it would aid him they would allow his Actings to be in the Name and by the Authority of the Council of State and the Actings of the Council of State to be by Authority of what he called a Parliament Sir Hen. Vane replyed Then what I acted in the Council of State and Committee of Safety constituted by the Parliament to endure for eight dayes you will allow me Then you must prove that I ever acted in the other Council of State after the Parliament was turned out Then the King's Counsel produced a Warrant dated Novemb. 3. 1659 which was sent in pursuance of an Order of the Committee of Safety by Sir Hen. Vane as Treasurer of the Navie This Warrant was for the sending of divers Arms Northwards after Mr. Lambert who was gone down to oppose the now Duke of Albemarle Sir Hen. Vane produced Will Angel Brisco Middleton c. Officers of that Regiment which went under his name who having recourse unto him for Orders about Octob. 1659 he bad them desist and declared his dis-satisfaction in their proceedings and this after their several importunities to have Orders from him And thus he closed his Defence FYNCH Sollicitor As to pretence of the power of Parliament It is to be known that it was not the eighth part of the House of Commons such as were let in to do all that hath been complained and the acting under Authority of such an End of a Parliament under such a Violation was no Excuse but an Aggravation but that the Parliament was in Law ended by the death of the late King notwithstanding that Act of 17. Caroli primi appears thus First The King 's Writ for a Parliament is ad tractandum nobiscum which is intended as well of the natural capacity of the King as of his politick Secondly 'T is absurd to say that the Acts of Parliament of King Charles the first should be his Acts in the time of King Charles the second Thirdly A Commission of Sewers enacted to be on foot for ten years expires by the death of the King and the authority of the Commissioners is at an end Fourthly It is not possible for one King to impose a Parliament upon a successor So much for his acting by colour of authority of Parliament And as to the Question Whether an House of Parliament can commit Treason If they depart from that Allegiance which they have sworn at their first meeting they are impeachable for it As to a Co-ordination in the Parliament he denied it As to the Question Whether the King being out of actual possession can have Treason committed against him he affirmed it And said otherwise if Rebellion should be so prosperous as to depose or oppress the King in Battel the Offenders are not to be called in question because they prevailed He said it was the Plea of Watson the Jesuite who being Indicted for compassing the death of King James in Scotland after he was declared King of England and before his actual entring into this Realm made this Defence That the King was never in possession of the Crown Windam Justice As to the Act of 17. Caroli and the Preamble of that Act so much insisted upon by the Prisoner 1. He held that the Parliament had not greater Authority by it but were onely made more durable than other Parliaments have been but he held that the Parliament was absolutely dissolved by the death of the King and put this case If it should be enacted that such a Marriage should continue till it was dissolved by Act of Parliament If one dies it is a determination of it in Fact so as no man can say but it is absolutely dissolved 2. It must continue in the degree and dignity of a Parliament If the House be under a force and some kept out some let in to serve a Turn what-ever they act is a Nullity in Law For Freedom is the principal essence and honour of a Parliament yet though the House be under a Force the House is not dissolved by such Force but the proceedings are to be suspended till it require its former Liberty and this as well by the Common Law as by the Civil and Canon Laws of all other Countries 3. The Parliament is the King 's great Council The Peers are Consiliarii nati If they be forc'd away or laid aside as here they were all the rest is but Magni Nominis Umbra Twisden held the same opinion That it is not the sitting of a few Members within those Walls that will continue it a Parliament And though another Parliament a great many years after the Kings death declared it to be at an end yet that Act was but Declaration it was at an end before Whether a Parliament may commit Treason is not the Question but Whether a few of the House shutting out their Fellows and usurping the Government were not Traitors Foster held the same opinion and said The distinction between the Politick and Natural capacity of the King was the Treason of the two Spencers That Priviledge of the Parliament is no shelter for breach of the Peace much less for Treason Twisden added That to compass the Death of the King as a natural person was Treason to compass his Death in his Politick capacity as to depose him was Treason and both provided for by the Act of 25. Ed. 3. That in the same instant the late King expired in the very same his now Majesty was King de facto and affirmed the cases of Watson and Cleark 1. Jac. If an Army be raised against the King

of that Priviledge of being present himself or having Counsel and other Friends present at the Grand Jury will appear hereafter by the subdolous and injurious handling of matters there Thirdly Concerning the Jurisdiction of the Court. 3. The Offences supposed to be committed by me are things done not of my own head but as a Member of the Long Parliament or in pursuance of their Authority The matters done by me in the one respect or the other if they be deemed Offences are punishable only in Parliament and I ought not to be questioned for them in any inferiour Court As Cook shews in the 4th part of his Institutes chap. 1. concerning the high Court of Parliament For the Parliament is not confined in their Actings by the Law which inferiour Courts are tied up to but in divers cases are priviledged to act extraordinarily and unaccountably to any but themselves or succeeding Parliaments Moreover That Parliament was extraordinarily commissioned qualified and authorized by express Act of Parliament beyond all preceding Parliaments for the Causes and Ends declared in the Preamble of the Act for their Establishment accorded and passed by the joynt Consent of King Lords and Commons whereby they became unsubjected to Adjournment Prorogation or Dissolution but by their own respective voluntary Consents to be by them expressed and passed for that purpose with the Royal Assent which occasioned his late Majesty in his Answer to the nineteen Propositions to say That the Power hereby legally placed in both Houses was more than sufficient to prevent and restrain the Power of Tyranny And further The bringing of this Case under the Jurisdiction of this Court or of any other but a Parliament may prove of very dangerous consequence in point of Precedent and most disagreeing to all Rules of Justice For First By the same reason that I am questioned in this Court not only every Member of Parliament but the very Houses themselves with all their Debates Votes and Orders may not only be questioned but referred to a Petty Jury and so come to be judged and sentenc'd by a Court inferiour to themselves which Judges in all times have disclaimed and acknowledged to be out of their power according to the known Rule Par in pares non habet imperium multo minus in eos qui majus imperium habent Secondly In such case the Parties accused will be debarred of Evidence or Witness for their Justification and Defence For no Members c. present at Debates in Parliament who are the onely eye and ear-witnesses of what is said and done there ought to discover the Counsels of the House Fourthly Concerning the Indictment 1. I have not been permitted to have a copy or sight of the Indictment nor so much as to hear it read in Latine which is the original Record of the Court and ought to be the foundation of their whole proceeding with me I often desired these things of the Court yea or at least to have but the Transcripts of some particular clauses in the Indictment to enable me to shew the deficiencies thereof in Law all which others in such cases have often obtained but nothing would be granted herein This then was my hard lot and usage I was put after two years close Imprisonment to answer for my Life to a long Indictment read in English which whether it were rightly translated how should I know that might not hear the Original Record in Latine Counsel also learned in the Law were denied me though pressed for by me again and again before I pleaded And had they been granted what could they have said as to defects of Law in the Indictment unless they might have a Copy of it What can any Counsel say to any petty business concerning any part of a man's Estate that 's in controversie unless they may have a leisurely view and perusal of the Writings thereabouts much more sure will it appear requisit to the reason of all mankind when a man 's whole Estate Life and all are at stake 'T is true before I pleaded this Court promised I should have Counsel assigned me after pleading God forfend else said the Lord Chief Justice but 't is as true I never could yet see that promise made good All things tending to a fair Tryal were promised me in general before pleading but every material particular for the just defence of my Life hath been denied me ever since And my Tryal for Life was hudled up the next day of my appearing before you The Jury as was told me must not eat or drink till they had done their work so the more than forty Jewry-men that resolved to kill Paul Act. 23. 21. But why such haste and precipitancy for a man's Life that 's more than Meat or Estate when you can let Civil Causes about mens Estates depend many years and if an erroneous Judgment be passed in such matters 't is reversible But if innocent Blood be spilt it cannot be gathered up again as the wise woman of Tekoah said 2 Sam. 14. 2. But secondly then As to defects in the Indictment which I was in some measure enabled to observe from that broken hearing thereof that was afforded me here in the Court I say there are many and those very considerable and by the Law of England I ought not to have been urged to plead or make answer to such an illegal and defective Indictment 1. There is no sufficient Overt Act therein alledged of the Prisoner's imagining the King's Death or that he had any the least intention that way 2. The Levying of a War is alledged in Southwark and cannot therefore be tryed by a Jury of Middlesex Dyer fol. 234. and the 3d part of Cook 's Institutes fol. 34. 3. There is uncertainty and obscurity in the main thing alledged against me in the Indictment to wit That I together with a multitude of persons to the number of a thousand unknown to the Jury c. whereas no Criminal Act can be tryed that is not certain Certa res debet esse quae deducitur in Judicium 4. The Treason laid to my charge is alledged to have been committed with a multitude of other false Traitors which were pardoned by the Act of Indempnity such supposed crimes therefore of theirs cannot be remembred or alledged without a manifest breach of the Act of Indempnity and Oblivion The Indictment is or ought to be founded on some clause or branch of 25. Ed. 3. chap. 2. But no such Overt Act is alledged in the Indictment or proved by Witnesses as doth discover that I had any intention to kill depose or hold out the King from the possession and exercise of his Regal Power Whereas I am accused of compassing or imagining the Death of the King this must be understood of his natural or personal not politick capacity for in this latter sence the Law sayes the King cannot die First then to compass only the Deposition of the King is not within the words