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
A91359	Prynn against Prinn. Or, the answer of William Prynne, utter Barrester of Lincolnes Inne: to a pamphlet lately published by William Prynne Esquire, a member of the House of Commons. Intituled A Briefe Memento to the present un-parliamentary Juncto, touching their present intentions and proceedings to depose and execute Charles Steuart, their lawfull King. January 25. 1648. Imprimatur Theodore Jennings.	Purefoy, William, 1580?-1659.	1649 (1649)	Wing P4228A; Thomason E540_6; ESTC R205753	6,607	15

touching William Prin the Member his first Argument That their proceeding against the King is an offence within the Statute 25 Edw. 3. concerning Treason I William Prin the Barrester do remember That in the beginning of this late warre the Cavaliers used the same Argument against the Parliaments raising Arms and I then made this Answer to it page 107 of my said first Part That the Parliament and whole Kingdom being the highest power or any Member of the Parliament cannot by any publique Acts or Votes of theirs consented to in Parliament become Traytors or guilty of High Treason against the King either by the Common Law or the Statute of 25. Edw. 3. cap. 2. of Treasons which running in the fingular number If a man c. That is any private man or men by their own private Authority shall leavy War against the King it ought to be judged high Treason and extends not to the whole Kingdom or Court of Parliament representing it of which no Treason was ever yet presumed the rather because the Parliament by this very Act is made the judge of all Treasons that are doubtfull and was never yet included within the words or meaning of any Law concerning Treason and therefore cannot be guilty of it Hence the depositions of Archigallo and Emerian two ancient Brittish Kings by the unanimous assent of the Lords and Commons for their Rapines Oppression and Tyranny and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts of Parliament the creating of Richard the third King with the frequent translocations of the Crowne from the right Heire at Common Law to others whohad no good Title by the whole Kingdome or Parliament no lesse then high Treason in private persons was never yet reputed much lesse questioned for or adjudged high Treason in the whole kingdome or Parliament or any cheife active Members in those Parliaments which by the law are unrepealable of Treason for any their judiciall actions and Resolutions in such cases being only tercious and erroneous reversible by other Acts in Parliament not trayterous and rebellious as appeares by all the fore quoted Statutes and by the statute 13 Eliz. cha 1. which makes it high Treason for any person to affirm that the authority of the Parliament of England is not able to make Lawes and Statutes of sufficient force to alter limit and bind the Crowne of this Realme and the descent limitations and inheritance and Government thereof or any mans Title or Right thereto And for direct Authorities in this very point Rob. Trisilian and Belknap then cheife Justices Holt Fulthorpe and Burgh Judges Lockton Kings Serjeant and Blake the Kings Councell in the Parliament of 11. Richard 2. were some condemned and executed others and banished the Realme as guilty of high Treason Onely for affirming under their hands and seales That the Duke of Glocester the Earles of Arundell and Warwicke were and that other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings Voted in Parliament and might be punished for it as Traitors which opinion of theirs was also at another Parliament prima Henry 4. chap 2 3 4. held a traiterous opinion and the Judgement given against those Judges for this Traiterous opinion tending to the utter subvession of Parliaments was resolved and enacted to be just This Judge Belknap foresaw and therefore was unwilling to put his Seale to this opinion saying there wanted but a hurdle a horse and a halter to carry him where hee might suffer the death hee deserved for quoth he if I had not done this I should have died for it and because I have done it I deserve death for betraying the Lords Which makes me wonder at a passage in Speed who Records it now frequent in Malignants mouthes That the very shop where the Barrons originall Treasons were forged was the Parliament house wherein from time to time they forced on the King Edward the second presumptuous and treasonous ordinations not only to reforme the Kings house and councell and to place and displace all great Officers But even claimed a joynt interest in the Regiment of the kingdom together with the King which William Juge a Judge of the Common Law with other like sticklers Traiterously perswaded them was according to Law which grosse slander of the Parliament House would have been capitall at least in former ages and may now indanger the neckes of those who speak or maintaine the same of this present Parliament And I William Prinne the Barrester have added these words pag. 108. Never did any of our Kings charge any Parliament with high Treason hitherto much lesse indict or wage warre against their Parliaments as Traytors though they have questioned and deposed Kings for offences against and for being enemies or Traytors to the kingdome Let none then dare to affirme that the Houses of Parliament are or can be Traytors now for providing for their own and the Kingdomes safety Ad to this for a further answer to the said argument of Treason produced by William Prynne the Member in his present Pamphlet that in his Rehearsall of the sayd Statute hee hath foulely miscarried and falsified the words of it For whereas the Statute mentions nothing at all touching deposing the King he urges the Statute thus That it is no lesse then high Treason for any man by overt act to compasse or imagine the deposition or death of the King Adding the word deposition which is no where found in the whole Statute And as touching William Prinne the Member his argument that this proceeding against the King is contrary to the Oath of Allegiance I William Prinne the Barrester did heretofore meete with the like objection touching the Oath of Supremacy in relation to the late war Viz. That the King is the onely supreame Governour of this Realm and that Bracton Fleta and our Law Bookes resolve that the King hath no Peere in the kingdome for so he should lose his Empire since Peeres or Equalls have no command over one another much more then ought he not to have a superior or mightier for so he should be inferiour to those who are subject to him and Interiors cannot be equall to Superiours The King ought not to be under man but under God and the Law If then justice be demanded of him by way of Petition because no Writt runnes against him though antiently some Writts did if he doe not justice this punishment may be sufficient to him that he may expect God will revenge it Nemo quidem de factis suis presumat disputare multe for●●●● contra factum sum venire c. Therefore the King is above the Parliament and whole Kingdome not they above him And this objection I William Prinne the Barrester answered thus in my sayd first part pag. 104. That the meaning of all these Bookes is that the King is above every one of his Subjects and hath no Peere nor

Prynn against Prinn OR The Answer of William Prynne Utter Barrester of Lincolnes Inne TO A Pamphlet lately published by William Prynne Esquire a Member of the House of COMMONS INTITULED A Briefe Memento to the present Vn-Parliamentary Juncto Touching their present Intentions and proceedings to Depose and Execute Charles Steuart their lawfull King January 25. 1648. Imprimatur THEODORE JENNINGS LONDON Printed for Robert Ibbitson 1649. Prynne against Prynne OR The Answer of William Prynne to a Pamphlet intituled A Briefe Memento to the present un-Parliamentary JUNCTO I William Prinne Utter-Barrester have lately perused a Pamphlet intituled A briefe Memento to the present Unparliamentary Juncto Touching their present proceedings to depose and execute Charles Stuart their lawfull King and set forth by William Prin Esquire a Member of the House of Commons And I have weighed the Reasons whereupon the said William Prinne the Member would indeavour to disswade the rest of the Members now sitting in Parliament from acting or proceeding against the King And I William Prinne the Barrester doe call to mind That I did heretofore publish a large Treatise called the Soveraigne power of Parliaments and Kingdomes Which I have divided into four parts And in this Treatise I William Prinne the Barrester have pleaded the Parliament and Kingdomes Cause against the King and his party And I have asserted this truth as the sum of all That the Parliament is the highest Soveraigne power of all others and I have in my Epistle to the Reader before my first part second Edition affirmed this That I have proved the particulars contained in that Treatise with Arguments and Reasons seconded and fortified with such Domestick and Forraine Presidents and Authorities of all sorts as well divine as humaine polliticall historicall and legall as may effectually convince the obstinate wills abundantly satisfie the most seduced prejudicated judgement and resolve the most scrupulous conscience and eternally silence the ignorant and most malicious tongues and pennes of all Royalists and Antiparliamentary Malignants who are not willfully wedded to their long espoused errours or more inamored with fordid Court flattery for private selfe ends then fairest though hated ungainefull verity which aimes at nothing but publique good And further I William Prinne the Barrester have in my said Epistle protested before the great Judge of Heaven and Earth that I have therein wittingly maintained nothing at all but what my judgement and conscience unbyassed by any sinister end or private respect as aiming at nought else but the glory of God the settled weale and tranquillity of our distracted bleeding dying Church and State the onely motives engaging me in this service informe me to be a well grounded antient pregnant though lately overclouded undiscovered neglected much oppugned truth And that albeit most of the particulars contained and debated in that Treatise have for many years beene decried that I may not say stigmatized for seditious dangerous Antimonarchicall Paradoxes if not worse by the generall Torrent of Court Parasites Lawyers and Theologues That yet I doubt not but when seriously examined by the true Principles of Religion nature Law policy the various presidents and authorities of former Ages and throughly digested without prejudice or partiallity They will appeare yea shine forth to be most necessary profitable loyall State securing peace procuring verities yea as the very nerves and sinews to unite the pillars to support the bullwarke to protect both Church and State against all Invasions of Heresie or Tiranny and to keepe all the potent Members of them within their severall bounds And the truth of this my Position That the Kingdome in Parliament assembled is above the King I William Prinne the Barrester have speciall reasons in my sayd first part Pag. 6. Because the King was first created and instituted by the kingdome and people and not the kingdome and people by the King Because the King was ordained onely for the kingdome and peoples service and welfare not the kingdome and people for him Because as the kingdome and people first created So they still limit and confine the Kings Jurisdiction by Law to which they are and ought to be subject Because the kingdome and people obliege the King by a solemne Oath to rule according to Law and to be obedient unto Law Because the kingdome and people have power to depose the King in case he contemne the Law and violently rob and spoyle his Subjects Pag. 100. Because the whole kingdome and people are the originall supreme soveraigne power by whose common consent and authority all lawfull Kings kingdomes and Royalties were at first created and instituted and from whom they derived all their Regall Jurisdiction Likewise I William Prinne the Barrester have shewed pag. 7 8. That Parliaments have challenged and executed a just and legall power as they deemed it to depose their King for not governing according to Law for following and protecting evill Councellors for oppressing their Subjects and for making warre against them And I have instanced in thirteen Kings of this Realme who have been so dealt withall whereof five since the Conquest And Page 29. I William Prin the Barrester have inserted inter alia the Articles whereupon King Richard 2. was deposed with these words for addition page 30. which how parallel they are to the Court practises and doctrines of our times let wise men determine and page 80. I have made further Observations and Justifications upon the President of deposing Richard the second and I have inserted the whole proceedings touching that deposition And page 78 I have set forth the Passages upon the deposition of R. c. 2. and likewise made further observations and justifications thereupon Likewise I William Prin the Barrester have shewed page 9. That the Crown hath often been translated by Parliaments from the right Heirs and setled on others who had no lawfull right or title to it And I have instanced in twelve particulars of this kind whereof seven since the Conquest And particularly that after the death of William Rufus The Clergie Nobles and Commons refused to admit of any King but with capitulations and caveats to their own liking and upon which termes they elected King Henry the first though he were not next heir to the Crown All which particulars with much more of the like nature I the said William Prin the Barrester have set forth in my said first part of the Soveraign power of Parliaments and though I have mentioned them to have been acted and done by Popish Parliaments Popish Barrons Prelates and Commons yet I have not instanced That any of them were done upon any Popish principles but for better clearing of the generall reason of them all I William Prin the Barrester have added p. 20. of the said first part That these Jurisdictions were thus practised by the people to preserve themselves and the Kingdome from slaverie and desolation and that the Actors therein have been stiled Anglie Reipublice zealatores And as