Selected quad for the lemma: state_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
state_n john_n sir_n thomas_n 3,743 5 9.2236 5 true
View all documents for the selected quad

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

There are 2 snippets containing the selected quad. | View lemmatised text

And the open levying of War and appearing in the head of a Regiment is not only a Treason of it self but an evidence of all those other Treasons he stands charged with in the Indictment These things happening before the Act of Oblivion you will take notice of that Act and that the Prisoner being excepted by name from the benefit of that Pardon though he be chargeable for any crime of Treason since the beginning of the late War yet we shall confine the Facts for which we charge him to the Reign of his now Majesty After the House had voted the late King's Concessions in the Isle of Wight to be a good ground for Peace many of the Members were kept out by force others turned out the Peers laid aside and at last the King murdered The first thing then that we shall lay to the charge of the Prisoner is That that very day wherein that horried Act was committed we find his hand and seal to a Warrant to the Officers of the Navie to issue out Stores for a Summers Guard of the Narrow Seas This was the first day of the Reign of his now Majesty and so he enumerated all the Particulars which he intended to charge him with and proved them as followeth 1. The Warrant of the 30th of Jan. 48 was proved to be the hand of Sir Henry Vane by Thomas Lewis and Thomas Turner as they believe neither of them affirming that they saw him write it but knowing his hand believed it to be so 2. Ralph Darnel an Under-Clerk of the House of Commons proved the Journal Book of the House and said though he will not take upon him to say when Sir Henry Vane was there and when he was absent yet he said positively that at what time soever he is set down in the Journal to have acted or reported any thing he was there In which Book Febr. 7. 1648. fol. 653 was the Order to set up a Council of State Fol. 684. 13th Feb. were the Instructions presented to the House upon which the Council of State was to act 1. The first was That you or any four or more are to suppress all and every person and persons pretending Title to the Kingly Government of this Nation from or by the late King Charles Steward his son or any claiming from or by them or either of them or any other Single Person whatsoever This the Attorney said was in the first part of that Instruction to destroy the King's Person and in the second part the Kingly Government 2. That you c. are appointed to direct the Forces of this Commonwealth for the preventing and suppressing of Tumults and Insurrections at home or Invasions from abroad and for these ends to raise Forces c. 3. That Febr. 14. 1648. fol. 695 Sir Henry Vane was chosen a Member of the Council of State and acted upon these Instructions which they proved thus To wit First That Sir Henry Vane as fol. 893 23d of March 1648 Reported from the Council of State an Estimate of the number of Ships for the Summers Guard of the Narrow Seas Secondly March 30. 1649 Sir Henry Vane reports from the Council of State That ten thousand pounds parcel of the twenty thousand pounds assessed upon South Wales for their Delinquency be allowed towards the setting out of this Fleet for the service of the Parliament which was Ordered accordingly and to be paid to Sir Henry Vane as Treasurer of the Navie Thirdly That Sir Hen. Vane usually sate in Council but this Deponent being never admitted to go in after the Council was sate proves that he often saw him go in at the fore-door and back-door and often continue there all the time the Council was sitting William Dobbins and Matthew Lock say That they several times saw Sir Henry Vane sit in a Committee of the Council in the years 1651 and 1652 which consisted only of Members of the Council and particularly at the Committee for Scotish and Irish Affairs where Sir Henry Vane was often in the Chair and produced several ●●ders of that Committee Fourthly Febr. 12. 1649 A new Council of State was chosen of which Sir Henry Vane was one fol. 720. Feb. 13. 1649 All the Instructions of the former year were read and assented to Feb. 22. 1649. fol. 760 Sir Henry Vane reported the form of an Oath of Secresie to be administred to every of the Members of the Council which was to keep all things which should be transacted in Council secret and to be true and faithful to their Instructions which the Attorney said since their first Instruction was to suppress all persons pretending Title from the King was in effect an Oath of Abjuration Fifthly Anno 1652 Sir Henry Vane was President of the Council of State and several Warrants were produced to wit May 20. 1652 and 22d of May 52 to deliver to Major Wigan two hundred Firelocks and ten Drums The other for the delivery of five hundred Foot-Arms for Recruit of Col. Ingoldsbyes Regiment and these were subscribed by Order of the Council H. Vane President April 2. 1653. A Warrant of that date was produced by the Commissioners of the Navy of which he was one for furnishing out the Hampshire Frigat with Provisions and Ammunition for the use of the State From this time to 1659 they charge him with nothing and then the Journal-Book was produced and attested by Ralph Darnel wherein May 7. 1659 an Order was made for appointing a Committee of Safety whereof Sir Henry Vane was one That they or any four or more of them should take care of the Safety of this Commonwealth and they to sit for eight dayes and no longer fol. 36. Die Ven. May 13. 1659 Sir Henry Vane reported That they had conferred with all the Foreign Ambassadors That the Common-wealth is in Amity with all Foreign Princes but Spain Resolved That Ch. Fleetwood J. Lambert J. Disbrough Jam. Berry Arthur Haslerigg Edmund Ludlow and Sir Henry Vane be Commissioners to nominate Commission-Officers for the Army of this Commonwealth By vertue hereof they proceeded June 17. 1659 to nominate Commission-Officers appointed Robert Mosse a Colonel presenting a List of his Commission-Officiers and John Mason to be Governour of Jersey Die Ven. May 31. fol. 158. Sir Henry Vane reports concerning affairs between the two Northern Kings in the Zound wherein the affairs of this Commonwealth are concerned Die Ven. Sept. 2. 1659. At the Committee of State at White-hall An Order was produced for the redelivery of the City-horses to their respective owners Signed H. Vane President A Warrant was produced under the hand of Sir Henry Vane proved by Thomas Lewis and one Falconer for so many Hangers to Col. Tompson as he shall require for his Regiment Three several Letters to deliver 1200 Arms for the use of my Regiment to wit To Sam. Linn my Capt. Leiutenant 30 Arms for my Company To Maj. Tho. Shurman Major of my Regiment four or five barrels
Laws of this Kingdom and have been so adjudged by two Acts of Parliament and ought to suffer as Traitors Die Jovis Octob. 8. 1642. In the Instructions agreed upon by the Lords and Commons about the Militia They declare That the King seduced by wicked Counsel hath raised War against the Parliament and other his good Subjects And by the Judgment and Resolution of both Houses bearing date Aug. 13. 1642 upon occasion of his Majesties Proclamation for suppressing the present Rebellion under the Command of Robert Earl of Essex They do unanimously publish and declare That all they who have advised declared abetted or countenanced or hereafter shall abet and countenance the said Proclamation are Traytors and Enemies to God the King and Kingdom and guilty of the highest degree of Treason that can be committed against the King and Kingdom as that which invites his Majesties Subjects to destroy his Parliament and good People by a Civil War and by that means to bring ruine confusion and perpetual slavery upon the surviving part of a then wretched Kingdom The Law is acknowledged by the King to be the onely Rule by which the People can be iustly governed and that as it is his duty so it shall be his perpetual vigilant care to see to it Therefore he will not suffer either or both Houses by their Vo●es without or against his Consent to enjoyn any thing that is forbidden by the Law or to forbid any thing that is enjoyned by the Law The King does assert in his Answer to the Houses Petition May 23. 1642. That He is a part of the Parliament which they take upon them to defend and secure and that his Prerogative is a part of and a defence to the Laws of the Land In the Remonstrance of both Houses May 26. 1642. They do assert That if they have made any Precedents this Parliament they have made them for posterity upon the same or better grounds of Reason and Law than those were upon which their Predecessors made any for them and do say That as some Precedents ought not to be Rules for them to follow so none can be limits to bound their Proceedings which may and must vary according to the different condition of times And for the particular with which they were charged of setting forth Declarations to the People who have chosen and entrusted them with all that is dearest to them if there be no example for it in former times They say it is because there never were such Monsters before that attempted to disaffect the People towards a Parliament They further say His Majesties Towns are no more his care than his Kingdom nor his Kingdom than his People who are not so his own that he hath absolute power over them or in them as in his proper Goods and Estate but fiduciary for the Kingdom and in the paramount right of the Kingdom They also acknowledge the Law to be the safeguard and custody of all publick and private Interests They also hold it fit to declare unto the Kingdom whose Honour and Interest is so much concerned in it what is the Priviledge of the great Council of Parliament herein and what is the Obligation that lies upon the Kings of this Realm as to the passing such Bills as are offered to them by both Houses in the name and for the good of the whole Kingdom whereunto they stand engaged both in Conscience and Justice to give their Royal Assent First In Conscience in respect of the Oath that is or ought to be taken by them at their Coronation as well to confirm by their Royal Assent all such good Laws as the People shall chuse whereby to remedy such inconveniencies as the Kingdom may suffer as to keep and protect the Laws already in being The form of the Oath is upon Record and asserted by Books of good authority Unto it relation is had 25 Ed. 3. entitiled The Statute of Provisors of Benefices Hereupon The said Commons prayed our said Lord the King sith the Right of the Crown of England and the Law of the said Realm is such that upon the mischiefs and dammages which happen to this Realm he ought and is bound by his Oath with the accord of his People in Parliament to make Remedy and Law for the removing thereof That it may please him to ordain Remedy This Right thus claimed by the Lords and Commons the King doth not deny in his Answer thereunto Secondly In Justice the Kings are obliged as well as in Conscience in respect of the Trust reposed in them to preserve the Kingdom by the making of new Laws where there shall be need as well as by observing of Laws already made a Kingdom being many times as much exposed to ruine for want of a new Law as by the violation of those that are in being This is a most clear Right not to be denyed but to be as due from his Majesty to his People as his Protection In all Laws framed by both Houses as Petitions of Right they have taken themselves to be so far Judges of the Rights claimed by them That when the King's Answer hath not been in every point fully according to their desire they have still insisted upon their Claim and never given it over till the Answer hath been according to their demand as was done in the late Petition of Right 3. Caroli This shews the two Houses of Parliament are Judge between the King and the People in question of Right as in the Case also of Ship-money and other illegal Taxes and if so why should they not also be Judge in the Cases of the Common Good and Necessity of the Kingdom wherein the Kingdom hath as clear a Right to have the benefit and remedy of the Law as in any other matter saying Pardon and Grants of Favour The Malignant Party are they that not only neglect and despise but labour to undermine the Law under colour of maintaining it They endeavour to destroy the Fountain and Conservators of the Law the Parliament They make other Judges of the Law than what the Law hath appointed They set up other Rules for themselves to walk by than such as are according to Law and dispence with the Subjects obedience to that which the Law calls Authority and to their Determinations and Resolutions to whom the Judgment doth appertain by Law Yea though but private persons they make the Law to be their Rule according to their own understanding only contrary to the Judgment of those that are the competent Judges thereof The King asserts That the Act of Sir John Hotham was levying War against the King by the letter of the Statute 25 Ed. 3. cap. 2. The Houses state the Case and deny it to be within that Statute saying If the letter of that Statute be thought to import this That no War can be levied against the King but what is directed and intended against his Person Or that every levying of Forces for the defence