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
A96507	Truths triumph, or Treachery anatomized, being an impartiall discovery of the false, and treacherous information of M. Masterson, pretended minister of Christ at Shoreditch, against L.C.J. Lilburne, and I. Wildman, at the Lords Barre, January 18. 1647. concerning a meeting of severall honest men, in East Smithfield, Ian. 17. &c. In relation to which information, the said L.C. Lilburne stands committed to the Tower, and J. Wildman to the Fleet. With a true narrative of all the passages and discourses that passed at the said meeting, / as it was delivered at the Bar of the House of Commons, by J. Wildman, Ian. 19. 1647. Iohn VVildman.	Wildman, John, Sir, 1621?-1693.	1648 (1648)	Wing W2173; Thomason E520_33; ESTC R206186	24,304	20

and to delay and obstruct iustice 2. That they had deluded surprized and abused 〈◊〉 House to provoke the Army to distempers and re●and the reliefe of Jreland 3. That they endea●red the pulling the Armie in pieces to the danger of the Kingdoms peace 4. That they had en●voured to raise forces to list and procure to be listed Officers and Souldiers without the authority 〈◊〉 Parliament to imbroyle the kingdom in blood for their own desperate designes 5. That they had ●vited and ab●tted tumul●ous Reformado Officers to assemble at Westminster to offer violence to 〈◊〉 enforce the Parliament The House voted and declared about the 25. of June after the ex●biting this charge that by the Lawes of the Land no iudgement could be given to suspend those 〈◊〉 Members from sitting in the House before particulars were produced and proofs made q See the Manifesto of the Armie from Vxbridge Iune 27. upon these Votes book decl pag. 70. I have thus inlarged my discourse of this particular to satisfie all men that my desire of a 〈◊〉 warrant or commitment was grounded upon the Parliaments own Declarations as well a●●aw and that malice it self might not dare to adjudge me for that humble and peaceable desire 〈◊〉 contemner of the authority of Parliament for the preservation of which I shall run ●ch manifold hazzards Neither was there any necessity to speak thus much in relation to what Mr. Masterson informed against me For he accused me of no crime unlesse it be a crime to relate to honest ●n what I heard of the tumu●uo●snesse of the poor in Wiltshire or to tell them what I ●ard some Lords were willing to condiscend to in relation to their priviledges and their ●gislative power though this latter was fal●e and not spoken by me Now if any shall inquire how an order passed the House to commit me for treasonable and ●ious practises against the State J must returne an Jgnoramus it s transcendently above the ●sphere of my understanding But least the grisly aspect of such horrid words seeming to relate to some monstrous crimes ●ould ●ffright or amaze my friends I shall give them a briefe account of treason which yet is ●laid to my charge what it is in law and J shall not trifle about the derivation of the ●ord as from Trahir treacherously to betray c. All offences which are treason are comprehended literally and expresly in the Stat of 25. 〈◊〉 Edw. 3. c. 2. And this Statute hath been confirmed and more honour given to it by Par●ments then to any other except Magna Charta as the Stat. of the 1. Hen. 4. c. 10. Re●ing that whereas at a Parliament holden 21. R. 2. divers pains of Treason were ordained 〈◊〉 Statute in so much as there was no man did know how to behave himself to doe speak ●say for doubt of such paines It s enacted by the King the Lords and Commons that in no ●me to come any treason be adjudged of otherwise then it was ordained by the Stat of 25. ●d 3. c. 2. and the Stat. of 1. Ed. 6. c. 12. and 1. M● Ch. 1. Sess 1. Now all the offences which are contained in that Stat. of 25. Ed. 3. may be divided into six Classes the first concerneth death which is either a compassing or imagining the death of the King Queen or Prince and declaring the same by some Covert deed or a killing and murthering some Officer of ●stice in their places doing their offices as the Chancellor Treasurer Justices of the one ●ench and of the other Justices in O●re c The 2. kind of Treason is the violation of or carnall knowing of the Queen the Kings eldest daughter or the Princes wife The 3 is levy●g warre against the King The 4. is adhering to the Kings enemies within the Realm or without and declaring the same by Court Act. The 5. is counterfeiting the great Seale the ●ivie Seale the Kings coyne The 6. is bringing into the Realm counterfeit money to the likenesse of the Kings coyne Now unlesse an offence be within one of these Classes or heads its 〈◊〉 high treason See Cooks 3. part inst pag. 3. 4. But let the Reader observe that the King in this statute is taken in hispolitick capacity as he is a man there is no treason can be committed against him but only as he is a person trusted with such high authority and so th● levying warre against the Lawes and authority of the King is a levying warre against th● King r See the Parl. Rem of May 26 book decl pag. 727. though it be not against his person yea though those who levie the war have th● personall command of the King for it This Stat. provided sufficiently that the people should have a cleare rule whereby to measure their actions in case of treason so as to be secure from the Judges malice or injustice th● words are positive and exclusive as to them that they shall not judge any thing treason which 〈◊〉 not specified in this Act the word specified is to be observed which is as much as to say particularized or set down particularly But the saluo that the Judges in case of any Act not particularize● and supposed to be treason should defer iudgement and transferre the case to the King and Parliamen● who might declare it treason This made the rule of the peoples actions as to Parliaments to be wholly uncertain this saluo was like a drawn sword hanging over every mans head by the slender thre● of a consequence or illation And by this divers were condemned by the King and Parliament a● Traytors which could not have been condemned by the Statute one was transferred from th● Kings Bench to the Parliament in the 8. of Rich. the 2. and his fact was adiudged treaso● and in the 11. of the same King Rich. 2. the Duke of Jreland and Nevill Arch Bishop of Yor● were impeached of treason by Glocester Arundell and Warwick and though their facts wer● not treason by the Statute yet by vertue of the saluo they were convicted of treason and i● the 21. of Rich. 2. the King and Parliament reversed that sentence and by the same salu● those three Noble men their accusers were adiudged Traytors and in the 10. of Hen. 4. h● successor that revocation of the sentence against the Duke of Jreland and Nevell which wa● in the 21. of Rich. 2. was againe repealed and the sentence against them in the 11. of R. 〈◊〉 was established thus by this uncertain proviso treason was tossed to and fro and no ma● knew when he was safe because the rule of their actions were uncertaine according to the o● maxime misera servitas ubi ius est vagum et ●ncertam But in the Parliament of the 1. H. a petition was preferred to have Treason limited with● in some statute because they knew not what to speak nor what to do least it be adiudged treason and hereupon was that statute

made of the 1. of H. 4. c. 10. whereby that uncertain proviso was repealed and it was inacted that in times to come nothing should be esteemed treason but what was litterally contained in the Statute of 25. E. 3. c. 2. And in the 1. of Ma. S● 1. this was confirmed that nothing should be adiudged high Treason pettie Treason 〈◊〉 Misprision of Treason but what was declared and expressed in the 25. of Ed. 3. c. 2. This wo● expressed saith Cook 3. part instit p. 24. excludedeth all implications or inferences whatsoever See Cooks 3. part instit p. 9. Now nihill relictum est arbitrio iudicis neque parliamenti there is no constructive nor i●terpretative treason by arguments a minori ad maius or a simili either from the like fact 〈◊〉 from the lesser to the greater Neither is there any intentionall treason saving against th● Kings life If persons should conspire to levie Warre it were no treason for by the Statu● there must be levying warre in facto actually before it be treason Now in my humble opinion the King by consequence or influence cannot iustly decla● the act of any man to be treason according to this statute unlesse it be contained in the expresse letter thereof and I humbly offer these reasons 1. This Statute is a declarative Law and should it be taken by equity or construction th● implyes a contradiction 2. This is a penall law and such can admit of no construction or i●ferences Penalties are to perswade to the keeping of known lawes not of Lawes coniectura● ambiguous and to be taken by consequence which perhaps the most learned Lawyers may n● imagine to be intended by them and much lesse the people Doubtlesse they are to concer● that in case they obey the statutes according to the Letter they are not lyable to any penal● And J find that the Parliameut in the 13. of Eliz. did exactly observe this law that nothing should by vertue of the statute be interpretative treason They might have very plausibly have impeached those of treason which brought the Popes Buls from Rome to stir up the people to mutiny and rebellion and to take away the Queens life but this fact was not contained in the preceeding statute and therefore the persons not iustly guiltie of treason seeing they transgtessed no declarative law yet that Parliament declared it to be treason for the time to come during the Queens life for any person to bring such Bulls from Rome to stirre up the people to mutiny Thus every Parliament may declare what crimes they please to bee treason but by common reason or light of nature those statutes must referre only to future obedience a reall crime committed before the making of a statute cannot be a breach of that statute because it was not extant in rerum natura Now let honest hearts which J understand be too many that are troubled at my restraint upon pretence of treasonable practises set them J say be satisfied from their own reason Let them iudge whether a loving peaceable discourse with honest men at a meeting to which J was invited wherein the sole purpose and intent of our hearts was to unite all wel minded people in matters of common concernment that the distractions of the nation might be healed and those clouds of blood diverted which are now impending Jn which discourse it was laid down as the principle maxime that the authoritie of the Commons in Parliament must be preserved and freed from contempt Whether this discourse J say can be either by the letter of the law treasonable or by construction if that should be admitted and malice it self made Judge Quest But some may yet inquire whether J cannot imagine for what crime the Parliament should suspect me Answer I must professe J reckon their restraining my person inter arcanu imperij amongst the mysteries of state and its opus Herculium a work for Hercules in my opinion to find the suspected Crime yet I have ercted in my self a new Jnquisitiou office for that purpose and J shall give you a copy of some of the examinations taken Interro 1 Were not you suspected for promoting the large petition Answer This was not objected against me by the informer neither could it be said that I had either subscribed or procured any to subscribe it but suppose I had gained 10000. subsribers to that Petition doublesse Petioners cannot be found in the Parliaments catalogue of sinners sure I am I have seene their names in red Characters for Saints in their Kalender in the yeare 1642. when the Lords would not concurre in the Ordinance for setling the Militia the Petitioners of Surrey and Hartford shire which in effect desired leave to protest against those Lords which would not agree to the votes of the Commons those Petioners J say were accounted amongst not the lowest order of Englands worthyes and many thousands of poore about London which petitioned against the Malignant faction and desired that those Peeres which concurred with the Commons in their happy votes mght be desired to sit and vote with the Commons as one intire body though the language of the petition was threatning saying they should be inforced to lay hold on the next remedie which was at hand to remove the disturbers of their peace c. these Petitioners were accounted gallant English Champions and their petitions sent by the Commons to the Lords at a conference and such Constables were checked as attempted to disturb the people which met in great multitudes to subscribe petitions against things established by law and a Justice of the peace committed to the See 1. part book decl ●p●ge 547 548. Tower for executing a warrant from the Lords for seting watches under p●etence of avoiding Tumults to hinder the peoples resorting in great mnltitudes to the House to preferre petitions t See first book decl pag. 532. yea the Lords and Commons both in their Remon of May 26. 1642. acknowledged it to be their duty to receive petitions these are the words we acknowledge that we have received petitions for the removall of things established by law and we must say and all that know what belong to the course and practise of Parliaments wil say that we OVGHT to do so u See first parr book dec p. 720. and upon the late London petition in Novem. last the Commons declared that it was the people● right to petition and their right to iudge of Petitions whence it is clearly to be inferred that it is the peoples right to petition for whatsoever seemes good to them though it be really evill otherwise it were not the Parliaments right to judge of their petitions certainly it is not the Parliaments right to walke contrary to common equity or to reject the good desires of the people promoted questionles the Armys eye could not with patience reade in the petition● of the bil of scandalous sinners An order to suppresse a petition was the

the Lords Sons shall have either so much wisedom or honesty as to be fi● Subjects of any power much lesse of that supream trust of the Lawgiving power And as to the evills that have ensued upon the Lords exercise of that Law giving power I spake my opinion as freely I told them that in reason their claim to that power was the occasion of all the innocent blood that hath been split in England Jf the Ordinance in Feb. 1642. for setling the Militia of the kingdome had been put in execution when it was first sent up to the Lords for their concurrence the King could never have raised an Army but their assuming to themselves a power co-ordinate with this Honourable House and then refusing when this Honourable House sent againe and againe and againe to passe that Ordinance thes etheir delayes and preventions of setling the Militia gave both time and opportunity to the King to raise an Army and then this Honourable House was compelled for the peoples defence to raise an Armie also and ingage in war I might have added that the Lords did never then consent to that Ordinance untill See 1 part book Decl. pag. 364 548. Mr. Hollis demanded in a manner the names of those Lords at the barre which would not concurre and desired that those Lords which would joyne with the Commons to save the Kingdome would take some course to discover themselves and also shewed them a Petition to the Commons desiring that such Lords would sit and vote with them as one intire c Body But this I did adde that we had most sad experience now of late of the dangerous consequence of their claime to that Power they exposed the Kingdome againe to Bloud and Confusion by delaying so long to passe those gallant Votes of this Honourable house against the King by that meanes the people which are discontented at those Votes have time to ruminate and chew upon their discontents and the fire of their displeasure hath time to kindle and no man knowes into what flames it may breake forth and therefore I conceive there is no possible meanes to preserve the Nation from ruine unlesse there be speedy acting and proceedings according to the good beginnings of this Honourable House Some other discourse happened accidentally about the reasons of that suddaine Change which appeared in Lieut. Generall Cromwell and Commissary Generall Ireton that they now declare against any addresses to be made to the King or received from him whereas they have pleaded That they were engaged to preserve the Kings person and establish him in his just Power Hereupon a story was related by a Gentleman at the Meeting to which I was an auditor he said he had credible information that a gallant honest Gentleman of the House of Commons whose father was a Knight had certaine intelligence That the King had promised Lieutenant Generall Cromwell to give a blue Ribband and a George and make him Earle of Essex And that Commissary Ireton should be either Field-Marshall or some such great Officer in Ireland and that his owne Son should be Bod-chamber man to the Prince And hereupon his Spirit was so moved that hee resolved he would rather become another Felton to Cromwell then suffer his Country to be betrayed and all honest men destroyed And that he had prepared himselfe with Pistoll and Dagger for that purpose onely hee revealed his mind to another Member of the Commons House which disswaded him from attempting the execution of his purpose and that Lieutenant Generall Cromwell had intelligence of this and presently a Fast or day of Humiliation was called and so the great change ensued After this I spake my thoughts to this effect That I knew not what influence any such Circumstances might have upon the spirit of Lieutenant Generall Cromwell but I rather conceived that the change was upon this occasion viz. That the Presbyterian Scots considering that Lieutenant Generall Cromwell was no friend to them and that the King was possessed with deadly hatred against them and having intelligence that the King relyed upon the Lieutenant Generall to make his termes for him with this Honourable house and well weighing the danger to which they were exposed by two such potent Enemies or rather one such impla●able opposer backed with a potent Army were inforced in respect to their owne preservation to attempt the breaking of that designe and prevent the Kings comming in upon the Armies or Lieutenant Generall his interest thereupon though they were no reall Friends to the Kings negative voyce or to his pretended right to the Militia and would not allow the King in their owne Kingdome a negative voyce to their Lawes in the least Punctilio nor the least shadow of Power in disposing of their Militia yet a necessity was upon them to out-bid Lieutenant Gen. Cromwell and to offer both a Negative voyce and a Militia to the King in this Kingdome That so the King might be induced to cast himselfe upon them and presume to come in upon their interest hereupon the King as hee said at Ouburne accepted his best bargaine and tooke their proffer who bad most for him and then the tenders of the Lieutenant Generall being rejected hee was necessitated to ingage with this Honourable house in those Votes that there should neither any addresses be made further to him nor any received from him And when I consider how zealously Commissary Generall Ireton hath formerly endeavoured the renewing addresses unto the King and that there should be another manner of addresse made to him then was by the Proposions sent to Newcastle and when hee was reflected upon by some of the Generall Councell at Putney as having occasioned the sence of the Army to be misrepresented to this Honourable house viz. That it desired a new addresse to be made to the King hee professed that if he did not thinke it to be the sence of the Army hee would loath and abhorre the Army and detest to continue with them for a day When I consider these things and mind that the same Gentleman should be the first or second man in this Honourable house which should move that no more addresses should be made to or received from the King I cannot imagine that this so great a turne should be upon any other then a private interest After this one at the meeting moved a Question viz. Whether it be not needfull to frame something speedily to present to the Parliament to incourage them to proceed according to those good Votes against the King late passed the rather because the large Petition will be a long time before it be presented Unto this I answered That I conceived the large Petition contained those Principles upon which this Honourable house must proceed in case those late Votes be prosecuted and doubtlesse that Petition is knowne to be abroad by every active Member of this Honourable house and in case the people shall freely joyne in that Petition it will more