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war_n king_n law_n levy_v 3,963 5 11.2983 5 true
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A82298 A collection of speeches of the Right Honourable Henry late Earl of Warrington, viz. I. His speech upon him being sworn mayor of Chester, in November, 1691. II. His speech to the grand-jury at Chester, April 13. 1692. III. His charge to the grand-jury at the quarter-sessions held for the county of Chester, on the 11th. of Octob. 1692 IV. His charge to the grand-jury at the quarter-sessions. Held for the county of Chester, on the 25th. day of April, 1693 Warrington, Henry Booth, Earl of, 1652-1694. Selections. 1694 (1694) Wing D876; ESTC R11819 38,885 113

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Execution For they must intend either good or bad to us thereby and which was most likely I leave to every Man to judge I mention these things not that I am of Opinion That any or all of them put together without some other direct proof is evidence sufficient to convict a Man upon a Tryal for God forbid that any Man should be condemned but upon a fair Tryal and clear Evidence But I take notice of these things as they do render Persons justly suspected to be privy to or approving of the late Design against this Nation which as every honest Man ought to abhor so it is his duty to keep a watchful eye over them because I am far from being of an Opinion that they have given this Design over as a lost Game by reason that it was laid so broad and deep and so many are concerned in it that the success of it is of the last consequence to them their only safety being placed in it And besides because of the encouragement they do receive from the unfortunate Divisions that are amongst us And there is yet another thing which I apprehend is no small cause of encouragement to them and that is the little haste made by the Government to call them to account Of all the Ills of the two last Reigns in my opinion nothing was so treacherous and devillish as that of making Parties amongst us that we might become our own dostroyers for as it was the surest method to effect our destruction so if any thing should interpose to prevent our ruin yet nothing is more difficult than to make up such a breach and therefore the best that could be hoped for from it was to entail upon this Nation heart-burnings and all the fatal consequences of it I have the charity to hope that many who helped to carry on that ruinous design did it more out of ignorance than out of any ill intention I believe the Arbitrary Sermons being delivered as the Oracles of God might draw in a great many unwary people others might comply out of hopes of Preferment or fear of being harrassed by some powerful Neighbours But as new light is sprung up so I wish from my heart that men would walk accordingly If any man was misled in the late times it is not his shame but duty as a wise and honest man to repent of his Errour and forsake it for he that shall be convinced of it and yet will persist in it will find very few to whom his obstinacy will recommend him If any do think they were in the Right when they serv'd as Bauds to the Arbitrary Lusts of the two Late Kings I heartily pity them for their case is desperate yet I am perswaded that none of them would of choice have had such a power exercised upon themselves and if so they must grant that what they would not have done to themselves is not lawful for them to do or bring upon others If they adhere to what they did either out of hopes of Preferment or fear of being crushed by those in power they must believe that this King and Queen are resolved to go by the fame Methods that were taken in the two Late Reigns or else that nothing else will make this King and Queen safe and glorious Were the rest of mankind of this Opinion this World would be a miserable place surely mankind was born for some nobler End than so or else one would suppose that God had made man not after his own Image but rather that of an Ass or something else that is beneath a Rational Creature For is it not ridiculous that any thing should be more excellent and knowing than that which is to govern it Is an insatiable desire of Power preferable to that Reason with which man was indued at his Creation Must a man give up that to which he has a clear right both by the Laws of God and his Countrey because another who is at that time guided by his passion desires to lay hold of it What Justice can any man promise to himself when Passion is above the Law What signifies Law if the King's Will must be the measure of our Obedience To what purpose are Parliaments and all those other Provisions which our Forefathers made to preserve our Liberties if Prerogative were in truth that Omnipotent thing which it boasted it self to be in the late Reigns That man is surely out of his way that is beside his Reason Had men been guided by it and nothing else there had been no misunderstandings about Government Reason will not mislead us but other things will be resolved to follow that and you will be sure to approve your selves in the sight of God and man Having said this I will now proceed to the Particulars of your Enquiry The first of which is High Treasons of which there are several sorts and Species both at Common-Law and by Statute-Law but those only that are made such by some Statutes are those that fall within your Enquiry To compass or imagine the Death of the King or Queen and that declared by some Overt and plain Act is High-Treason by the 25 Edw. III. but such Acts must be direct and clear void of all Implication or other Construction or else it will not make it Treason within this Statute for this Statute was made to take away constructive Treasons and thereby relieved the Subjects against an unspeakable evil under which they had laboured for many years for till then the Judges took an extravagant Liberty in stamping Treason upon almost any Offence that came before them which cost many an innocent man his Life contrary to all Reason and Justice so that this Statute was a very beneficial Law for the Subject To levy War against the King or Queen in their Realm or to adhere to their Enemies in the Realm or to give them comfort here or elsewhere is High-Treason by the same Statute But a Conspiracy to levy War is not Treason unless the War be actually levied though the contrary Opinion prevailed in the late Times whereby several worthy men were murthered It was a very far-fetched Opinion and could never have obtained but in that or some other corrupt Age when all Law and Justice was given up to the Will and Pleasure of the King For my Lord Coke is express in it That unless the War is actually levied it is not Treason and I remember in the Debate in the House of Lords upon the Bill for reversing my Lord Russel's Attainder the Lords were unanimously of opinion that it was not Treason and upon that ground chiefly they passed the Bill To counterfeit the Great Seal is High-Treason by 25 Edw. 3. and very good reason it should be so because of the great Authority it carries along with it it would be often attempted to be done and thereby innumerable mischiefs would follow and breed a great deal of confusion To counterfeit the King's Money or to bring