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
A46778	Iudge Ienkins remonstrance to the Lords and Commons of the two Houses of Parliament, at Westminster, the 21 of February, 1647 by David Ienkins ...	Jenkins, David, 1582-1663.	1647 (1647)	Wing J604; ESTC R4120	3,187	9

IUDGE IENKINS REMONSTRANCE To the Lords and Commons of the two Houses of Parliament At WESTMINSTER the 21. of February 1647. By DAVID IENKINS Prisoner in Newgate Printed in the Yeere 1647. Judge Jenkins Remonstrance c. I Desire that the Lords and Commons of the two Houses would be pleased to remember and that all the good people of England doe take notice of an Order of the house of Commons this Session for publishing the Lord Cookes bookes which Order they may finde printed in the last leafe of the second part of his Institutes in these words viz. Die Mercurii 12. May 1641 Upon debate this day in the Commons House of Parliament the said house did then desire and held it fit that the Heire of Sir Edward Cooke should publish in print the Commentary upon Magna Charta the Pleas of the Crowne and the jurisdiction of Courts according to the intention of the said Sir Edward Cooke and that none but the Heire of the said Sir Edward Cooke or he that shall be authorized by him doe presume to publish in print any of the foresaid bookes or any coppy thereof H. Elsynge Cler. Dom. Com. And I doe further desire them that they would read and peruse Mr. Sollicitor Saint-Iohn and Mr. Iohn Pym their bookes published likewise this Session whose titles are as followeth viz An Argument of Law concerning the Bill of Attainder of High Treason of Thomas Earle of Strafford At a conference in a Committee of both Houses of Parliament By Mr. Saint-Iohn His Majesties Sollicitor Generall Published by Order of the Commons house LONDON Printed by G. M. for Jo. Bartlet at the signe of the guilt Cup neer St. Austins gate in Pauls Church-yard 1641. And the Speech or Declaration of John Pym Esquire After the recapitulation or summing up of the charge of High Treason against Thomas Earle of Strafford 12 Aprill 1641. Published by the Order of the Commons House LONDON Printed for John Bartlet 1641. 1. NOthing is delivered for Law in my bookes but what the House of Commons have avowed to be Law in bookes of Law published by their command this Sessi●n and agreeable to the bookes of Law and Statutes of this Realme in all former times and ages 2. The supposed offence charged on me is against the two Houses and none ought to be Judges and parties by the Law of this Land in their own case 3. I desire the benefit of Magna Charta the Petition of Right and other good Lawes of this Land which ordaine that all mens tryalls should be by the established Lawes and not otherwise They are the very words of the petition of Right An Ordinance of both Houses is no Law of the Land by their owne confession ●● Part col of Ordinances fol. 7●8 2. Part instit fol. 47 48. 157 647. 4. Part instit 23. 232. 298. 4. H. 7. 18. and by the bookes of the Lord Cooke published by their Order as aforesaid this Session in six severall places For Sedition in my bookes there is none but such as they have authorised this Session to be published and printed To publish the Law is no sedition These Positions following I doe set downe for the Law of the Land in my bookes and they themselves have justified and avowed them as aforesaid we agree the Law to be and to have been in all times in all the particulars following as here ensueth 1. To imprison the King is High Treason 3. Part instit pag. 12. 2. To remoove Counsellours from the King by force is High Treason Mr. Sollicitor pag. 12. 3. part instit pag. 9. Mr. Pym pag 28. 3. Part instit 3. 10. 12 16. 3. Parts instit pag 9. 3. To alter the establisht Lawes in any part by force is High Treason 4. To usurpe the Royall power is high Treason 5. To alter the Religion established is high Treason 6. To raise rumours and give out words to alienate ●he peoples affections from the King is high treason Mr. Sollicitor pag. 30. 31. 36. 7. To sesse Souldiers upon the people of the Kingdome without their consent is high treason Mr. Sollicitor pag. 9. 8. Mr. Sollicitor pag. 9. The execution of paper orders by Souldiers in a military way Mr. Soliciter pag. 24. 4. part instit p. 125. Iustice Huttons argument fol. 39 40. is high treason 9. To counterfeit the great Seale is high treason 10. The Commission of Array is in force and none other 11. None can make Iudges 4. part Instit Iustices Sheriffes c. but the King The King makes every Court 12. 2. part instit articul super charta● cap. 5. The great Seale belongs to the Kings custody or to whom he shall appoint and none other 13. 1. part Coll. of Ordin and Cool● ut supra Ordinances of one or both Houses are no lawes to bind the people 14. 4 part instit 25. No Priviledge of Parliament holds for treason felony or breach of the peace not for twenty Parliament men forty nor three hundred 15. M. Soliciter pag. 8. 70. M. Soliciter pag. 12. 27. To subvert the fundamental Laws is high treason 16. To levey warre against the person of the King is high treason 17. M. Soliciter pag. 26. To perswade Forreiners to leavy war within this Kingdome is high treason 18. M. Soliciter pag. 35. To impose unlawfull taxes to impose new Oathes i● high treason 19 M. Pym pag. 8. The King can doe no wrong 20. M. Pym pag. 17. It is a pernicious doctrine to teach subjects they may be discharged from the Oath of Allegeiance The what meanes the Doctrine of the Votes of both house of the 11. of Febr. 1647. 21. M. Pym pag. 24. A necessity of a mans owne making doth not excuse him The requiring and forcing of the Militi● brought the necessity of arming upon the Houses 22. 3. part instit pag. 9. None can leavy warre within this Realme with out authority from the King for to him onely it belonge● to leavy warre by the Common Law of the Land to d● otherwise is high treason by the said Common Law Th● onely quarrell was and is the Militia for the which so much blood hath been spent and treasure At whose dore doth the sinne lie 23. No Parliament without the King M. Soliciter 70. 71. 4. part instit pag. 1. 3. 4. 4. part instit 41. 356. he is Principium caput finis 24. Presentment or tryall by Iury is the birthright of the Subject There is no doubt but that many in both Houses are free from this great sinne and that most of the prevailing party had at first no intentions to proceede so farre but the madnesse of the people who are very unstable and so they will finde them and the successe of their armes having this great rich City to supply them with all accommodations have so elated them that the evill is come to this height For my selfe to put me to death in this cause is the greatest honour I can possibly receive in this World Dulce Decorum est mori pro patria And for a Lawyer and a Judge of the Law to dye Dum sanctis patriae legibus obsequitur for obedience to the Lawes will be deemed by the good men of this time a sweet smelling sacrifice and by this and future times that I dyed full of yeares and had an honest and an honorable end And posterity will take knowledge of these men who put some to death for subverting of the Lawes and others for supporting of them c. Yet Mercy is above all the workes of God Bracton lib. 3. cap. 9. pag. 107. 4. part instit 342. 343. Stanford 99. The King is Gods Vicar on earth In Bracton who was a Judge in Hen. 3. time you shall finde the Kings Oath To shew mercy is part of it You are all his children say and doe what you will you are all his Subjects and He is your King and Parent Pro magno peccato paululum supplicii satis est patri and therefore let not the prevailing party be obdurate out of a desperation of safety That which is past is not revocable tak● to your thoughts your parents your wives your children your friends your fortunes your countrey wherein forreigners write there is mira aeris suavitat rerum omnium abundantia invite them not hither the onely way to be free of their company will be 〈◊〉 restore his Majesty and receive from him an act of Oblivion a generall Pardon assurance for the arreares of the Souldiery and meete satisfaction to tender consciences God preserve the King and the Lawes Da. Ienkins Prisoner in Newgate FINIS