Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	henry_n	king_n	richard_n	2,873	5	9.1432	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56321	The declaration of John Pym Esquire upon the whole matter of the charge of high treason against Thomas Earle of Strafford, April 12, 1641 with An argument of law concerning the bill of attainder of high treason of the said Earle of Strafford, before a committee of both Houses of Parliament, in Westminster Hall by Mr. St. Iohn His Majesties solicitor Generall, on Thursday, April 29, 1641 / both published by order of the Commons House.	Pym, John, 1584-1643.; St. John, Oliver, 1598?-1673. Argument of law concerning the bill of attainder of high-treason of Thomas Earle of Strafford.	1641 (1641)	Wing P4262; ESTC R182279	46,678	116

My Lords if the Earle had armed two thousand men horse and foot and formed them into companies to this end your Lordships would have conceived that this had beene a warre It 's as much as in the case of Sir Thomas Talbot who armed them in assemblies This is the same with a breach of trust added to it That Army was first raised and afterwards committed to his trust for defence of the people is now destined by him to their destruction This assignation of the Army by his Warrant under his hand and seale is an open Act. My Lords heer 's not onely an open act done but a levying of warre Souldiers both horse and foot with an Officer in warlicke manner sessed upon the Subject which killed their Cattell consumed and wasted their goods Ob. O but five or sixe were the most imimployed at any time a mighty warre of six men scarce a Ryot Your Lordships observe a great difference where six single men goe upon a designe alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poore man fewer more upon a rich if the six had not beene able the whole Army must make it good the reason that the Sheriffe alone or with but one Bayliffe to doe execution is because hee hath the Command of the Law the Kings Writ and the posse Comitatus in case of Resistance heer 's the warrant of the Generall of an Army heer 's the posse exercitus the power of the Army under this awe of the whole Army six may force more then sixty without it and although never above fix in one place yet in the severall parts of the Kingdome at the same time might be above sixty for sessing of Souldiers was frequent it was the ordinary course for execution of his orders The Lord Lievetenant of a County in England hath a designe to alter the Lawes and governement nay admit the designe goes not so high hee onely declares thus much that he will order the freeholds and estates of the Inhabitans of the County at his owne will and pleasure and doth accordingly proceed upon paper petitions foreseeing there will be disobedience he grants out warrants under his hand and seale to the deputy Lievetenants and Captaines of the traine bands that upon refusall they shall take such number of the traine bands thorow the County with Officers as they shall think good and lay them upon the lands and houses of the refusers Souldiers in a warlike manner are frequently sessed upon them accordingly Your Lordships doe conceive that this is a levying of Warre within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not onely against the Common Law but likewise against the Statute of the eight and twentieth yeare of Henry the sixt against the Acts of the Commissioners against Proclamations in pursuance of the Law against that himselfe took notice of narrow hearted Comissioners In this that here was an Army the Souldiers Souldiers by profession Acts of hostility from them of greater Terror then from free-holders of the same County My Lords I have now done with the first of levying warre The second is the machination the advising of a warre The Case in this rests upon the Warrant to Savill and the advice in the 23 Article The Warrant shewes a resolution of employing the old Army of Ireland to the opprossion of his Majesties Subjects and the Lawes In the 23 Article having told his Majesty that he was loosed and absolved from rules of Government and might doe every thing which power might admit hee proceeded further in speech to his Majesty in these words You have an Army in Ireland You may employ to reduce this Kingdome My Lords both being put together ther 's a machination a practise an advise to levy warre and by force to oppresse and destroy his Majesties Subjects Object It hath beene said the Statute of 25. Edw. 3. is a penall Law and cannot bee taken by equity and Construction there must be an actuall warre the Statute makes it Treason to counterfeit the Kings Coyne the conspiring the raising of furnaces is no Treason unlesse he doth nummum percutere actually coyne Answ My Lords this is onely said not proved the Law is otherwise 19. of Henry the sixt fol. 47. there adjudged that the conspiring and ayding to counterfeit coyne was Treason and Iustice Stamford fol. 3. 44. is of opinion That this or conspiring to counterfeit the great Seale is Treason The Statute is If any shall counterfeit the great Seale conspiring to doe it by the book is Treason if a man take the broad Seale from one Pattent and put it to another here is no counterfeiting its tuntamount and therefore Treason as is adjudged in 2. Henry 4. fo 25. and by the opinion of Stamford If machination or plotting a warre be not within that clause of the Statute of levying warre yet it s within the first of compassing the death of the King as that which necessarily tends to the destruction both of the King and of the people upon whose safety and protection he is to engage himselfe That this is Treason hath beene adjudged both after the Statutes of the first of Henry the fourth Chapter the tenth the first of Queene Mary the first Chapter so much insisted upon on the other side In the third yeare of King Henry the fourth one Balshall comming from London found one Barnard at plough in the Parish of Ofley in the County of Hertford Bernard asked Balshall what newes he told him the newes was That King Richard the second was alive in Scotland which was false for he was then dead and that by Midsomer next he would come into England Bernard asked him what was best to be done Balshall answered get men and goe to King Richard In Michaelmas Tearme in the third yeare of Henry the fourth in the Kings Bench rot 4. this advise of warre adjudged Treason In Queene Maries time Sir Nicholas Throckmorton conspired with Sir Thomas Wyat to levy warre within this Realme for alteration in Religion he joyned not with him in the execution This Conspiracy alone declared to be Treason by the Judges This was after the Statute of the first of Queene Mary so much insisted upon That Parliament ended in October this opinion was delivered the Easter-Tearme after and is reported by Justice Dyer fo 98. It 's true Sir Thomas Wyat afterwards did levy warre Sir Nicholas Throgmorton hee onely conspired this adjudged Treason Storie in Queene Elizabeths time practised with Forreiners to levy warre within the Kingdome nothing done in pursuance of the practise The intent without any adhering to Enemies of the Queene or other cause adjudged to be Treason and he executed thereupon It 's true my Lords that yeare 13. Elizabeth by Act of Parliament it 's made Treason

Shire grounds were within the English pale and ad fidem legem Angliae the Irish that were without the pale were enemies alwayes either in open act of hostility or upon leagues and hostages given for securing the peace and therefore as heere in England wee had our marches upon the frontiers in Scotland and Wales so were there Marches betweene the English and Irish pale where the inhabitants held their Landes by this tenure to defend the Country against the Irish as appeares in the close Rolls of the Tower in the 20. yeare of Edward the third membrana 15. on the backside and in an Irish Parliament held the 42. yeare of Edward the third It s declared that the English pale was almost destroyed by the Irish enemies and that there was no way to prevent the danger but onely that the owners reside upon their Landes for defence and that absence should bee a forfeiture this act of Parliament in a great counsell heere was affirmed as appeares in the close Roll the 22. yeare of Edward the third membrana 20. dorse Afterwards as appeares in the Statute of the eight-and-twenty yeare of Henry the 6. in Ireland this hostility continued betweene the English marches and the Irish enemies who by reason there was no difference betweene the English marches and them in their apparell did daily not being known to the English destroy the English within the pale Therefore it s enacted that every Englishman shall shave the haire of his upper lip for distinction sake This hostility continued till the tenth yeare of Henry the seaventh as appeares by the Statute of the tenth of Henry the seaventh the seaventeenth Chapter and so successively downewards till the making of this very Statute of the eleaventh yeare of Queene Elizabeth as appeares fully in the ninth Chapter Nay immediatly before and at the time of the making of this Statute there was not onely emnity betweene those of the Shire grounds that is the English and Irish pale but open Warre and Acts of hostility as appeares by History of no lesse authority then that Statute it selfe for in the first Chapter of this Statute is the Attainder of Shane O Neale who had made open Warre was slaine in open Warre It s there declared that hee had gotten by force all the North of Ireland for an hundred and twenty miles in length and above a 100. in bredth that he had mastered diverse places within the English pale when the flame of this warre by his death immediatly before this Statute was spent yet the fire brands were not all quenched for the rebellion was continued by John Fitz. Gerard called the white Knight and Thomas Queverford this appeares by the Statute of the thirteenth yeare of Queene Elizabeth in Ireland but two yeares after this of the eleaventh yeare of Queene Elizabeth where they are attainted of high treason for levying Warre this eleaventh yeare wherein this Statute was made So that my Lords immediatly before and at the time of the making of this Statute there being Warre betweene those of the Shire grounds mentioned in this Statute and the Irish the concluding of Warre and Acts offensive and invasive there mentioned can bee intended against no others but the Irish enemies Againe the words of the Statute are no Captaine shall assemble the people of the Shire grounds to conclude of peace or warre is it to bee presumed that those of the Shire grounds will conclude of Warre against themselves nor saith the Statute shall carry those of the Shire grounds to doe any Acts invasive by the construction which is made on the other side they must bee carried to fight against themselves Lastly the words are as Captaine none shall assume the name or authority of a Captaine or as a Captaine shall gather the people together or as a Captaine leade them The offence is not in the matter but in the manner If the acts offensive were against the Kings good subjects those that went under command were punishable as well as the Commanders but in respect the Souldiers knew the service to be good in it selfe being against the enemies and that it was not for them to dispute the authority of their commanders the penalty of a 100. pounds is laid onely upon him that as Captaine shall assume this power without warrant the people commanded are not within the Statute My Lords the logicke whereupon this argument hath beene framed stands thus because the Statute of the eleaventh yeare of Queene Elizabeth inflicts a penalty of a 100. pound and no more upon any man that as a Captaine without warrant and upon his owne head shall conclude of or make Warre against the Kings enemies therefore the Statute of the 18. yeare of Henry the sixt is repealed which makes it treason to lay Souldiers upon or to levy warre against the Kings good people But my Lords observation hath bin made upon other words of this statute that is that without licence of the deputy these things cannot bee done This shewes that the deputy is within none of these Statutes My Lords this Argument stands upon the same reason with the former because hee hath the ordering of the Army of Ireland for the defence of the people and may give warrant to the Officers of the Army upon eminent occasions of invasion to resist or prosecute the enemy because of the danger that else might ensue forthwith by staying for a warrant from his Majesty out of England Therefore it is no treason in the Deputy to imploy the Army in Ireland whensoever hee pleaseth for the subversion of the Kings good people and of the lawes My Lords the Statute of the tenth yeare of Henry the seaventh the seaventeenth Chapter touched upon for this purpose cleares the busines in both points for there it is declared that none ought to make warre upon the Irish rebells and enemies without warrant from the Lieutenant the forfeiture a hundred pounds as here the Statute is the same with this and might as well have beene cited for repealing the Statute of the eighteenth yeare of Henry the sixt as this of the eleaventh yeare of Queene Elizabeth but if this had beene insisted upon it would have expounded the other two cleare against him Obj. > My Lords it hath beene further said although the statute bee in force and there be a treason within it yet the Parliament hath no jurisdiction the treasons are committed in Ireland therefore not triable here Answ My Lords Sir John Perrot his predecessors in the 24. yeare of Queene Elizabeth was tried in the Kings bench for treason done in Ireland when hee was Deputy and Orucke in the 33. yeare of Queene Elizabeth judged heere for treason done in Ireland Obj. But it will bee said these trialls were after the Statute of the foure-and-thirtieth yeare of Henry the eight which enacts that treasons beyond sea may bee tried in England Answ My Lords his predecessor my Lord Gray was tried and adjudged

that County and thence to London and other parts to excite them to take Armes for the throwing in of all inclosures throughout England nothing was done nor no Assembly The Statute of 13. Eliz. cap. 1. during the Queenes life made it Treason to intend or advise to levy war against the Queen In Easter Tearme 39. Eliz. All the Iudges of England met about the case it was resolved by them that this was a warre intended against the Queene they agreed that if it had beene of one Towneship or more upon private interest and claime of right of Common it had not been Treason But this was to throw in all inclosures thorough the Kingdome whereto these parties could pretend no claime that it was against the Law in regard that the Statute of Merton gave power of Inclosures in many Cases Upon this Resolution Bradshaw and Burton were executed at Aynestowe hill in Oxford-shire the place where they intended their first meeting So that my Lords if the end of it be to overthrow any of the Statutes any part of the Law and setled Governement or any of the great Officers intrusted with the execution of them this is a warre against the King My Lords it will be further considerable what shall be accounted a leavying of warre in respect of the Actions and things done There 's a designe to alter some part of the Lawes and present Governement for the effecting thereof people bee provided of Armes gathered together into troopes but afterwards march not with Banners displayed nor doe Bellum percutere Whether the arming themselves and gathering together upon this Designe whether this be a warre or such prosecution of the Designe with force as makes it Treason within the Statute First If this be not a Warre in respect that it necessarily occasions hostile preparations on the other side 2. From the words of the Statute shall levy warre and be thereof probably attainted of open Deed by people of their Condition although the bare conspiring be not an open Deed yet whether the arming and drawing men together be not an open Declaration of Warre In Sir Thomas Talbots case before cited in the seventeenth yeere of Richard the second The Acts of force are expressed in the Parliament Roll. That hee caused divers of the people of the County of Chester to bee armed in a warre-like manner in assemblies heere is no marching no bauners displayed In the 28. yeare of Henry the 6 th William Bell and Thomas Lacy in Com' Kanc. conspired with Thomas Cheney called the Hermite of the Queene of Faires to overthrow the Lawes and customes of the Realme and for the effecting of it they with two hundred more met together and concluded upon a course of raising greater forces in the county of Kent and the adjacent Shires this adjudged Treason these were open Actes My Lords for the application of both these to the Case in question First in respect of the end of it here was a warre against the King It was to subvert the Lawes This being the designe for the effecting of it he assumed to his owne person an arbitrary power over the lives liberties and estates of his Majesties Subjects and determined Causes upon paper petitions at his owne will and pleasure obedience must be forced by the Army this declared by the Warrant If it bee said That the Warrant expresseth not any intent of subverting the Lawes It expresseth fully one of the principall meanes whereby this was to be done that is obedience to his arbitrary orders upon paper petitions this was done in reference to the maine designe In the Cases of the Towne of Cambridge and Sr. William Cogan that have formerly beene cited to your Lordshippes upon other occasions the things in themselves were not Treason they were not a levying of Warre In that of Cambridge the Townesmen met together and in a forcible manner broke up the University treasury and tooke out of it the Records and Evidence of the liberties of the University over the Towne In the other they of Bridgewater marched to the Hospitall and compelled the Master of the Hospitall to deliver unto them certaine Evidences that concerned the Towne and forced him to enter into a bond of two hundred pound These if done upon these private ends alone had not beene Treason as appeares by the very words of the Statute of 25. Edw. 3. before mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the villaines as appeares in the Parliament Roll of the fift yeare of Richard the second number the one and thirtieth and two and thirtieth where the Townes of Cambridge and Bridgewater are expressely excepted out of the generall pardon made to the Villaines This being done in Reference to that designe of the villains of altering the Lawes this it was that made it Treason If the designe went no further then the enforcing obedience to these paper orders made by himselfe It was sufficient it was to subvert one fundamentall part of the Lawes nay in effect the whole Law what use of Law if hee might order and determine of mens estates at his owne pleasure This was against the Law notoriously declared in Ireland In the close roll in the Tower in the five and twentieth yeare of Edw. 1. a Writ went to the Justices in Ireland that Kingdome at that time was governed by Justices declaring that upon petitions they were not to determine any titles betweene party and party upon any pretence of profit whatsoever to the King In the eight and twentieth yeare of Henry the sixt the second Chapter Suites in equity not before the Deputy but in Chancery Suits at Common Law not before him but in Cases of life in the Kings Bench for title of land or goods in the proper Courts of the Common pleas or Kings Bench. This declared in the Instructions for Ireland in the latter end of King James his time and by the Proclamation in his Majesties time my Lord took notice of them called the Commissioners narrow hearted Commissioners The Law said he should not thus proceed in subversion of it he saith he will and will enforce obedience by the Army This is as much in respect of the end as to endeavour the overthrow of the Statutes of Laborers of victualls or of Merton for Inclosures Here is a warre against the King in respect of the end In respect of the Actions whether there be either a levying of warre or an open deed or both My Lords there was an Army in Ireland at that time of two thousand horse and foot by this Warrant there is a full designation of this whole Army and an Assignement of it over unto Savill for this purpose The Warrant gives him power from time to time to take as many Souldiers horse and foot with an Officer throughout the whole Army as himselfe shall please heere is the terrour and awe of the whole Army to enforce obedience

in execution Diverse had beene attaineted of Treason for executing such Commands Heere is a Treason soe made by Acte of Parliament in Henry the sixt time In the third Chapter of this Parliament of the tenth of Henry the seventh an Act is passed for no other end then to repeale this Statute of Henry the sixt of Treason If this Statute of Henry the sixt of Treason had beene formerly repealed by the Statute of 8. Edw. 4. or then by the two and twentieth Chapter of this Parliament of 10. H. 7. by bringing in the English Statutes the Law-makers were much mistaken now to make a particular Act of Parliament to repeale it it being likewise so unreasonable an Act as it was In the eighth Chapter of this Parliament of the tenth of Henry the seaventh It 's enacted That the Statutes of Killkenny and all other Statutes made in Ireland two onely excepted whereof this of the eighteenth of Henry the sixt is none for the Common-weale shall bee enquired off and executed My Lord of Strafford saith that the bringing in of the English Statutes hath repealed this Statute of the eighteenth yeere of Henry the sixt the Acte of Parliament made the same time saith noe it saith that all the Irish Statutes excepting two whereof this is none shall still bee in force Object Oh! But however it was in 10. Hen. 7. yet it appeares by Judgement in Parliament afterwards That this Statute of the eighteenth yeere of Henry the sixt is repealed and that is by the Parliament of the eleventh yeere of Queene Elizabeth the seventh Chapter That by this Parliament it is enacted that if any man without license from the Lord Deputie lay any Souldiers upon the Kings Subjects if hee bee a Peere of the Realme hee shall forfeite one hundred pounds if under the degree of a Peere 100. markes This Statute as is alleadged declares the penalty of laying Souldiers upon the Subjects to bee onely a hundred pounds and therefore it s not Treason Answer My Lords if the offence for which this penalty of one hundered pounds is laid upon the offender bee for laying Souliders or leading them to doe any acts offensive or invasive upon the Kinges people The Argument hath some force but that the offence is not for laying Souldiers upon the true Subjects that this is not the offence intended in the Statute will appeare to your Lordshippes Ex absurdo from the wordes of it The words are That if any man shall assemble the people of the Country together to conclude of peace or warre or shall carry those people to doe any Acts offensive or invasive then hee shall forfeite one hundred pounds If concluding of warre and carrying the people to Acts invasive bee against the Kinges Subjects this is high Treason within the words of the Statute of the five and twentieth yeere of Edward the third For if any Subject shall assemble the people and conclude a warre and accordingly shall leade them to invade the Subject this is a levying of warre within the wordes of that Statute and then the Statutes of the five and twentieth yeer of Edward the third the first of Henry the fourth and the first of Queene Mary which the Earle of Strafford in his Answer desires to bee tryed by are as well repealed in this point as the Statute of the eighteenth yeere of Henrie the sixt hee might then without feare of Treason have done what hee pleased with the Irish Army for all the Statutes of levying warre by this Statute of the eleventh Yeere of Queene ELIZABETH were taken out of his way In Ireland a Subject gathers forces concludes a warre against the Kings people actually invades them blood-shedde burning of houses Depredations ensue two of those that is murder and burning of houses are Treason and there the other fellony by this construction the punishment of Treason and fellony is turned onely into a fine of one hundred pounds from losse of life lands and all his goods onely to losse of part of his goods The third absurdity a warre is concluded three severall Inrodes are made upon the Subject in the first a hundred pound Damage in the second five thousand pound Dammage in the third tenne thousand pound Dammage is done to the Subjects the penalty for the last inrode is no more then for the first only one hundred pounds This Statute by this construction tells any man how to get his living without long labour Two parts of the hundred pounds is given to the King a third part to the informer heer 's no dammage to the Subject that is robbed and destroyed My Lords the Statute will free it selfe and the makers of it from these absurdities The meaning of this Statute is That if any Captaine shall of his owne head conclude of peace or warre against the Kings Enemies or Rebels or shall upon his owne head invade them without warrant from the King of the Lord Deputie of Ireland that then hee shall forfeite a hundred pounds The offence is not for laying of Souldiers upon the Kings people but making of warre against the Irish Rebells without warrant the offence is not in the matter but in the manner for doing a thing lawfull but without mission 1. This will appeare by the generall scope of the Stat. all the parts being put together 2. By particular clauses in the Statute And 3. By the Condition of that Kingdome at the time of the making of that Statute For the first The preamble recites that in time of Declination of Justice under pretext of defending the Country and themselves divers great men arrogated to themselvs regal authority under the names of Captains that they acquired to themselves that government which belonged to the Crowne for preventing of this It s enacted that no man dwelling within the Shire grounds shall thenceforth assume or take upon himselfe the authority or name of a Captaine within those Shire grounds without Letters Pattents from the Crown nor shall under colour of his Captainesship make any demand of the people of any exaction nor as a Captaine assemble the people of the Shire grounds nor as a Captaine shall leade those people to doe any acts offensive or invasive without warrant under the great Seale of England or of the Lord Deputie upon penalty that if hee doe any thing contrary to that act then the Offendor shall forfeite a hundred pounds My Lords the Rebells had beene out the Courts of justice scarce sat for defence of the Country diverse usurped the place of Captaines concluded of warre against the Rebells invaded them without warrant invading the Rebells without authority is the crime This appeares further by particular clauses in the Statute none shall exercise any Captaineship within the Shire grounds nor assemble the men of the Shire grounds to conclude of Warre or leade them to any invasion That that had anciently beene so continued to this time that is the Irish and the English pale they within the