Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	death_n	king_n	treason_n	2,761	5	9.5559	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49305	An appeal to the conscience of a fanatick shewing that the King of England, by the fundamental laws of it, is as absolute and independent a monarch as any of the kings mentioned in Scripture, and consequently, as free as any of them from any humane coactive power to punish, censure, or dethrone him : whereunto is added, a short view of the laws both foreign and domestick, against seditious conventicles / by a barrister at law.	Lane, Bartholomew.	1684 (1684)	Wing L328; ESTC R10926	17,115	31

4.8.51 d. 36.1.13 d. 24.1.7 8. neque imperare sibi neque se prohibere quisquam potest no man can Command or forbid himself at leastwise no man can impose such a Law upon himself but that he may recede from it when he pleaseth D. 32.1.22 de Leg. 3. He that is under the former power only is accountable to God only for his Actions as the King But he that is under both Powers of the Law is accountable both to God and the Law as is every Subject Again In respect of the Directing Power the Law is the Object and Rule of Justice and so the King is under the Law In Respect of the Correcting Power the Law is the Instrument of Justice and so the King is not under the Law but the Law is a means serving the King to govern his People To illustrate this by an example a Servant who guides and directs his Master as he is a Guide is superiour to his Master but consider him as an Instrument and Servant unto his Master and though he be never so Wise and Upright yet his Master is above him And as the Law is said to be above the King so in the same Sence His Council may also be said to be above him that is in respect they guide Bracton Lib. 2. c. 16. N. 3. Fleta Lib. 1. c. 17. N. 9. direct and advise the King in the Governing of his People For so say our two antient Lawyers The King hath Superiors in the Governing of his People the Law by which he is made and his Council to wit The Earls and Barons But here a scruple may arise what Bracton and Fleta mean when they say The Law makes the King It is answered there are two singular and excellent benefits which by the Law redound unto the King The one is the Law does declare and publish unto the People the Kings Right unto the Crown so that they quietly and willingly receive him as their King and submit unto him The other Benefit is the Law doth support and strengthen him in his Emperial Throne In both which respects it may well be said That the Law makes the King and so Sir Edward Coke spake right when he told King James That the Law set the Crown upon his Head Sir These Objections being fully as I think answered I shall leave you and your Fanatick Neighbours to compare what hath been now by me proved with what hath been by some of our Divines lately delivered out of the Scriptures and you will clearly find That the King of England is such a King as the Scriptures make mention of And if it be so how then can Fanaticks take up Arms against him If he be wicked what advantage will it be to them to be worse If he break his Oath will they also break theirs Or can they say that they swear Allegiance unto him on conditon of his good Behaviour Does the Statute of 25. Ed. 3. C. 2. declare it to be Treason only to Levy War against a good a just King Why then did not the Protestants take up Arms against that bloody Idolatrous Queen Mary Why then is it Treason to compass the Death of an Usurper of the Crown Dalt 227. Was not Spencer banished for the affirming Co. Lib. 7. Calvin's Case That if the King did not demean himself by Reason in the Right of the Crown His Subjects were bound by Oath to remove him Oh Fanaticks take heed of this unhappy principle which not long since ruined as Flourishing a Kingdom as any in the Christian World By the dire Effects of it our Religion was abolished our Foundations over-turned our Laws abrogated the Government of Church and State dissolved instead of Religion Atheism and Infidelity Fanatick Rage and wild Enthusiasme In short instead of Liberty and Property the voice of Sequestrations Plunders and Decimations were heard in the Land FLAGELLVM CONCILIABVLORVM OR A ROD for the FOOLS-BACK SHEWING What Laws both Forreign and Domestick have been framed for the Prevention and Suppression of Conventicles THe gathering of Assemblies is reckoned as an especial Priviledge of Soveraign Princes who in all times have been jealous of them and provided severe Laws against them and good Reason for such Jealousy for that it is impossible be the pretences of Meeting never so specious and fair to Govern People and keep them quiet long if they have liberty to flock together at their pleasures And therefore there is a necessity that all Assemblings of people whether upon a Sacred or Civil account should be absolutely in the Power of Princes To which purpose both remarkable and agreable are those Laws and Edicts made by the Policy of the Greeks and Romans whereunto we will add those Laws Canons and Constitutions that have been Enacted in our Parliaments and Convocations And we shall begin with those that are Foreign Isocrates under the person of King Nicocles thus instructs his Subjects 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In English thus Make no Societies nor Coventicles without my License Assemblies of this kind as in other Governments they are hurtful so in Monarchies they are exceeding dangerous Agreable hereto is that of Mecenas in Dio who pronounceth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is in English Combinations and Assemblies and Associations are things that do not very well consist with a Monarchy Upon this account Arnoldus Clapmarius shews how pernitious and dangerous are Conventicles in a Government L●b 3. cap. 13. de Arcanis Donationis and gives us Tacitus's Note In Rebellione Galliarum Igitur says Tacitus per conciliabula Caetus seditiosa disserebant From whence such unlawful Assemblies are prevented and suppressed by the Decrees and Constitutions of the Roman Princes and Senators which are to be found in the Body of the Civil Law which I now present to the Reader Sub praetextu Religionis D. 47.11.2 de caetibus illicitis vel sub species solvendi voti Caetus illicitos nec a veteranis tempetare oportet Mandatis principalibus praecipitur praesidibus provinciarum ne patiantur esse Collegia sodalitia neve milites Collegia in castris habeant D. 47.22.1 de Collegii Sed permittitur tenuioribus Stipem menstruam Conferre dum tamen semel in mense caeant ne sub praetextu hujusmodi illicitum Collegium coeat Quod non tantum in urbe sed in Italia in provinciis Locum habere Divus quoque severus rescripsit Sed Religionis Causa coine non prohibentur D. 47.22.2 de p●na dum tamen per hoc non fiat Contra Senatusconsultum quo illicita Collegiaarcentur Quisquis illicitum Collegium Vsurpaverit ea paena quo Tenetur qui hominibus armatis Loca publica vel templa occupasse judicati sunt In summa autem nisi ex senatusconsulti auctoritate vel Caesaris D. 47.22.3.1 Collegium vel quod cunque tale Corpus coierit contra senatusconsultum et mandata constitutiones collegium celebrant By these