Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	king_n	law_n	levy_v	3,963	5	11.2983	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29139	A true relation of the proceedings, examination, tryal, and horrid murder of Col. Eusebius Andrewe by John Bradshaw, President of the pretended High Court of Justice, and others of the same court published by Francis Buckley ...	Buckley, Francis, Gent.	1660 (1660)	Wing B4155; ESTC R19632	53,776	80

damn my soul to preserve my estate or repaire my wrong by a contra-legal and contra-evangelical engagement This was sufficient reason owned and justified by the Parliament for their substraction of obedience {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} by their Declarations and Ordinances 2. Fealty or personal engagement I have given none viz. 1. I have not taken the Protestation of May 1642. 2. I have not taken the solemn Oath and Covenant yet if I had I might have justified my Actions by them 3. I have not taken the negative Oath because my oath of Allegiance from which no man can absolve me is a negative to that c. 4. I have not taken the present engagement much more against my oath of Allegiance then the negative oath If I had had so little conscience as to have taken them I would have had so much as to have kept them and the State cannot in reason expect from me or any other that we should take a second when we see no conscience made of keeping the first and to take a third the first and second being broken without other dispensation then Power which like Alexanders sword cuts the * knot which it can not untye Neither hath any man assurance if he should take the last engagement that he should have liberty to keep it longer then the fancie of the State held to the now new fashion of Government And therefore I stand clear as a down-right subject of England to stand or fall by the Common Laws of England and if they will deny me that they deny my Birth-right which is equally righteous and no more just then to deny me my estate my calling my abode my means of right Secondly As to my action at Linton I justifie my self by the late 1. Kings Commission which my accuser knowes I had and under which he was by the same King constituted my Major 2. a What was done was so done when he who gave me the Commission was in being and oppressed by injurious imprisonment and what I did was in order to his enlargement from his Thraldome and restorement to his lawfull power which was that to which my duty as a Subject by my oath of Allegiance did bind me in general termes and the duty of my qualification in particular obligation It was done before the now reputed Parliament were or pretended to be the Supreme Authority of the Nation or had assumed the power of Government or were fram'd into a State consequently I am not answerable to them for any opposition to them further then the Common Law binds to Parliaments without their head hand or defective in their members as to such offence if it be one this Court is not qualified to take any cognizance Thirdly As to the design concerning the surprise of the Isle of Ely it was but a bare discourse or communication and no formal design said agreed unto nor person engaged in it so much as by promise And in Cases of conspiracy against the lives of Kings there were some statutes made that very words and communication should be reputed I reason but all repealed or expired And not thought fit by wisdome of Law-makers having indisputable power to make Laws to be revived since the dayes of Q. Mary notwithstanding those very many treasons hatched designed against Queen Elizabeth and King James c. If in the highest point of treason communication be not treason against lawful Princes certainly an affection where the offence such as it is is of a far inferiour nature of it self so it had a far inferior object or subject concerning whom such discourse was holden Fourthly As to my supposed corresponding with the King the Lord Hopton and Earle of Cleveland if true it was so long since as that it fals not within compase of this Courts Commission to try being confin'd to infant matters of a year old and my charge not exhibited to the Court of Justice before Munday the 15 of July My last letter received from Lord Hopton beats date at the Hague 18. or 28. of June and was received in two dayes into Sussex Fifthly As to the Drawing Signing Sealing of the engagement it consists of several branches That De facto I did it and must not deny it because I have confessed it which was more their needed to them who knew it without enquiry for I dare averr that they had their instrument by them imployed and cherisht in betraying me to it And have some years past had a man in my bosome to watch me and my motions which I did affirm to the Lord President and he not denyed but said it was no more then did become any State to do who had so much cause to hold an active man in suspect as they had me having never come in and laid down the Cudgels but held to my principles and was ready upon every occasion to take fire And this I will prove if I have legal or because that word is worne out of use fair dealing from the Court And Out of that I may justly inferr what will be visible enough that it is the States Act and but my consent and they in no danger of me but that I should preserve my self from their new laws into the lapse of which I was not otherwise or by any other action fallen As to the parts of it 1. It consists of an oath of secresie 2. An owning of Charles the Second to be such 3. A resolution to endeavour to make him such 4. A crimination of the State under the names of Rebels and opposers who would not have him to be such To these as they are rankt The oath of Secresie hath relation only as to the not discovering the co-engagers in that resolution the resolution it self being not Treason the oath of keeping secret that resolution is not greater then the thing resolved 1. The thing resolv'd was to endeavour but was nor an actual endeavoring 2. If it were an actual endeavouring yet it can only be supposed that it must be endeavoured by a warr to be levied and the endeavour to levy a warr never actually leavyed is not treason against the King against whom only and his relations by our old laws which are Laws a treason can be committed and petty-treason I am not accused for That a bare intention resolution or engagement to levy a warr is not treason I report my self to my Lord Cooke who tels us and he is a man of credit in his Book printed and allowed for law by the Houses when they were two that a conspiracy and this engagement amounts not to so much but rather to an intention only to conspire to raise a warr as hath been said and so resolv'd is no treason by the Act of Edward the third until the warr levyed as within or to be reached by those words in that law overt Act and if it were not treason

President M. Bush though discovered by B●nson first upon my examination and after by my Nar●… mentioned yet was not apprehended which gave me ocasion to believe him a dissemblor * This relation is rectified by another Pap●r being mistaken in time c. This had been confessed by Benson and all particularly questioned of me Bernard Bensons proposition My Answer Sir John Gell. * This was done by three and confessed but omitted here but is by another paper supplyed c. Since I saw the Act I am of another opinion if Law be not altogether out of fashion 1 Apr. He was much prest concerning Mr. Bar. 11 Apr. Arth. Wollaston Anne his wife Jane Andrewe Mr. St. John 11th Apr. Dated by mistake the 13th but writ and sent the same 11th day of April * A case concerning his condition besides my 3 peritions where was by the Lievt. presented to the President Cook 2d par●… Inst it so 5●●… 590. 591. allowed for b●… the Parliame●● fol. ult. Answer 1. Answer 2. Answer 3. Calums Case 7. Rep. Coo. 1. Inst. Coo. fo. 234. 3. Eliz. Dyer 203. Gravesend Carleton-Hall Decemb. 15. 1641. Remon fol. 7. And fol. 8. Compare 9. Act for Removal Act for Engagement Fol. 9. fol. 10. fol. 10. fol. 10. fol. 10. The Bishops 113. fol. 17. fol. 16. fol. 22. Cic. in ver. 2 Clan Perturient montes c. Jer. 26. 6. Jehova justi●● nostra Cook 1 part instit. fol. 81 82. 25 Edw. 1. ca. 1. Bracton 414. 491. Fiecta lib. 2. c. 48. lib. 3. c. 3 Mirror c. 2. 18. Britton fo. 177. 17 Henry 3. Rot. Clamem 1. 2. Rot. Proutrius M. 1. 14 Edw. 2. 42 Edw. 3. c. 1. Cook 1 Justi● fol. 81. Ma. Cha. c. 29. Petition of Right 3 Car. R●ades Case Dar fol. 120. 10 Eaw 4. fol. 19. 14 Hen. 6. 1. Oath of a Juror Wetherel and Darly's Case 35. Eliz. Apeal de murder convict de Homocide bonb●r●…l endictment per murder Affirme quo ho●re ne doit m●t●e presuavic Deux fois per uncuosen 17 Car. Act for abolishing Star-chamber Articles contra Strafford Art 1 2. partis 1. 14 parti secundo Declar. D.c. 15. 1641. Jan. 17. 1641. July 12. 1642. Oct. 23. 1642. Declar. April 17. 1646. Jan. 1648. Beat. Thomas 1. 2 Q● 90. Art 1. Rom. 7. 7. Art 2 Art 7. Not sworn The Oath of the Commissioners 18 Edw. 3. Oath of Justices Dalton J.P. fol. 33. Oath of a Juror My right to be tryed by a Jury and in their power to try me so M. Ch. 9 Hen. 3. 29. 25 Ed. 1. Ca. 1. 2. Cases adjudged in the Point Pasch 39 Edward 3. Jo. of Gaunts Cases 4 Ed. ● N● 13. Rot. Parl. 42 Edw. 3. Nu. 23. Rot. Parl. 5 Ed. 3. 9. 52 Edw. 3. 2. Ca. 4. ejusd. The like in eff●ct in 28 E● 3. 3. 37 Ed. 3. 18. 42 Ed. 3. 3. This may proceed by Jury No repeal or non obsta●●e fol. 746. Benefit Challeng Stam pl. Cor. T. Chaleng 〈◊〉 150. Poynings Case Sir Wal. Rawleign Brookes Acts. C. 19. Stam P. C. fo. 163. 164. St. Ph. and Ma. 1. and 2. C. 10. 1 Ed. 6. C. 1● Clau. sult Cook 3. p. Inst. fol. 12. Stam P. C. 164. 89. 1 Ed. 6. C. ●2 1. and 2. Ph. and Ma. 10 11. ● Ed. 6. and 16. Eliz. 1. Gen. issue to particular Art Defacto de modo Several crimes several Answ necessary Practice of Council table Star chamber High Comission Spiritual Courte Lord Stafford Arch Bishop of Canterbury Pretended Justice but intended mallice Hyl. Proclamation of remove to each mans dwelling part of the remonstrance against him Declar. 17. April 1646. Ordinance Non addr in Jan. 1648. * Gordian a Foreseeing his murder in this maxime That Kings never survive their powers and liberties 11. of Hen. 1. Ca. 1. That the Subjects of this realm are obliged by reason of their allegiance to serve the Prince For if time being in his wars for defence of him and the land against every rebellion power and might read against him within the land or without ought not to suffer in life member estate nor office for so doing Col. Gibsons Case in 2. war at the Castles in Kent In the second Act These two will interweave Cook 3. p. Inst. fo. 14. and 38. 25. Ed. 3. Ca. 2. Open deed 30 Jan. 1648. Major Parker Barnard Idem Benson Bar. Benson Bar. Bar. Benson Bar. Benson Holms Ashley Ban Ben Holms Mr. P●t subscribed to the Coppy of the Letter Smy Bar. Benson Bartin Hazelrigge