Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	england_n	king_n	parliament_n	3,428	5	6.3449	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50863	The tryal and process of high-treason and doom of forfaulture against Mr. Robert Baillie of Jerviswood traitor by His Majesties special command ...	Mackenzie, George, Sir, 1636-1691.; Baillie, Robert, d. 1684.; England and Wales. Privy Council.	1685 (1685)	Wing M207; ESTC R19066	35,645	32

pro convicto it imports nothing and infers no more then that he is socius criminis and is still a habil witnes as to Conjuration of Treason socius criminis hoc ipso that it is acknowledged or proven being still under the hazard of Process or condemnation which Law regards not in regard of the secrecie involved in the nature of the Crime that either witnesses neque actu neque habitu can be present so that the objection amounts to no less then that Conjurations of Treason cannot at all be proven And as to the Law cited from the Majestie it imports no more then that the Objection regulariter procedit in Crimes which of their own nature are not perdifficilis probationis and are not inter crimina excepta such as the Cryme of Conspiracy and Treason is MR. Williom Fletcher Oppons the Objection and Reply and further adds that albeit crimen loesae Majestatis be reckoned inter crimina excepta and so have some priviledge as to the qualification of Witnesses yet it cannot be denyed but there are some Objections competent against Witness adduced for proving Conspiracies and Treason verbi causa that a Witnes is a Capital Enemy or that he is sub potestate accusatoris and the Objection now pleaded being taken complexlie viz. That the Earl of Tarras is not only socius criminis but also that he is publico judicio reus upon the same Crime and that as means to procure His Majesties savour he has submitted himself and come in His Majesties mercy by an acknowledgment of the Cryme before the Dyet of Citation he is obnoxious to a most just Objection viz. That he is sub potestate and by the submission and Confession his Life and Estate is now in His Majesties hands so that he is not only in the case of a reus confessus but in the case of a Witnes who does absolutely depend upon His Majesties Advocate the Pursuer and as a private accuser could not addace his own Servants to be Witnesses because they are testes domestici and depend upon him so far less ought a Witnes to be adduced who not only depends as to his Estate but as to his Life and the Law gives a very good reason and which is mentioned by Paulus lib. 1. receptarum sententiarum cap. 12. parag ult In these words dese confessus non est audiendus ut testis ne alienam salutem in dubium deducat qui de sua desperavit and as to the pretence that a Conjuration is a Cryme so occult that it must either be proven by such Witnesses or otherways the guilty person will escape It is answered that in this case His Majesties Advocate had an easie remedie for he might have pursued the Pannal before he pursued the Witness and the Terror and Appreheasion of the event of a Process for Treason cannot be constructed otherways then to have influence upon the Deposition of the Witnes and as to the Citation out of Farinacius it is only in the case of socius criminis but when he comes to treat de teste accusato vel carcerato Quest 56. articulo 4 to He sayes Regula sit in accusato quod is pendent● accusatione à testimonio repellitur and be the 2d Rule of the same Article He sayes it is a principle quod carceratus testimonium ferre prohibetur and he gives this reason quia praesumitur quod salsum testimonium diceret pro aliquo qui ei promiserit se liberare a vinculo and limits this Rule that he must be carceratus propter crimen SIr Patrick Hume adds that it is a certain principle that any person that is guilty infamia juris cannot be a Witness no more than a person that is Convict and Condemned of Treason and if he were Convict and Condemned of Treason he could not be a Witness even in the case of Treason so neither can the Earl of Tarras in this case be received a Witness for he being adduced a Witness after he received his Inditment and confessed the Crime is equivalent as if he had been actuall Convict and whatever may be pretended that testes infames may be admitted yet it was never asserted by any Lawyer that a person Convict of Treason can be admitted a Witness THe Lords Repelled the Objection against the Earl of Tarras and ordains him to be received a Witness WAlter Earl of Tarras aged fourty years married purged and sworn being Interrogat if about the time that Sir John Cochran and Commissar Monro got their Commission from the Carolina Company for London the Pannal Mr. Robert Baillie of Jerviswood did not desire the Deponent to speak to Commissar Monro to try if he could get him the said Pannal added to that Commission Depones affirmative Being Interro●at if the said Jerviswood the Pannal did not tell the Deponent that he was resolved to go to London however upon his own Expenses and that his and their going about the Carolina Bussiness was but a pretence and a blind but that the true design was to push foreward the people of England who could do nothing but talk to go more effectually about their bussiness Depones affirmative Depones that the Pannal did settle a Correspondence with the Deponent whereby he was to give an account to the Deponent of what should pass betwixt the Countrey Party in England and the Scots men there and on the other hand the Deponent was to Write to him what occurred here Depones that the Pannal did say to the Deponent if the King would suffer the Parliament of England to sit and pass the Bill of Seclusion that that was the only way to secure the Protestant Religion Depones that the Pannal said to him that the King might be induced to do so if the Parliament would take sharp or brisk measures with Him or the like Depones these words were spoke to him by the Pannal since the holding of the last Session of this current Parliament and before the Pannal and Commissar Monro went for London Depons that after the Pannal went to London he did give the Deponent an account by Letters that things were in great Disorder there and that he hoped there would be effectual Courses taken to remeid them Depones that Mr. Robert Martin did come to Mr. Pringle of Torwoodlies House in May 1683. or thereby and brought a Letter to the Deponents Lady unsubscribed but the Deponent knows it was Jerviswoods Hand-writing who was then at London and that Mr. Martin told the Deponent that things in England were in great disorder and like to come to a hight and that the Countrey Party were considering on methods for securing the Protestant Religion And that Archibald sometime Earl of Argile was to get ten thousand pounds Sterling whereas thirty thousand pounds Sterling was sought by the Scotsmen at London which was to be sent over to Holland to provide Arms and that the late Earl of Argile was to Land with these Armes in the

West-Highlands of Scotland and that the Deponents Friend Jerviswood the Pannal was to be sent over with the Money Depones that Philiphaugh and he went to Gallowshiels House where they met with Polwort and Gallowshiels and that it was talked amongst them there that in case those in England should rise in Arms that it was necessary in that Case that so many as could be got on the Borders should be in readiness to deal with Straglers and seize upon Horses and that thereafter they should joyn with those that were in Arms on the Borders of England Depons That in the case foresaid it was said it was convenient the Castle of Stirling Berwick and some other Strengths should be seiz'd upon and it was likewise spoke amongst them that some persons should be employed to inquire what Arms was in that Countrey Depons That it was spoke then that the best time for Argyle was to land in the West when there was a stur in England or Scotland or words to that purpose Depons That every one desired another to speak to such particular persons as they could trust by letting a word fall indirectly upon supposition in case of the Rising in England concerning the Affair for preparing of them And that he was told by Philiphaugh thereafter that there was a Word and Sign to be used amongst them viz. the sign was by loosing a Button on the Breast and that the Word was Harmony Depons the Pannal spoke to the Deponent to advertise Torwoodlie that he might acquaint Mr. William Veitch a forfault Traitor who was in Northumberland that he might keep himself close and be on his guard lest he should be catch'd which was since the Pannal was Prisoner in the Tolbooth of Edinburgh And this is the truth as he shall answer to God Sic subscribitur Tarras Linlithgow I. P. D. ALexander Monro of Bear-crofts Aged fourty five Years or thereby solutus solemnly sworn and purg'd Depons that the Earl of Tarras proposed to the Deponent that Jerviswood might be made one of the Commissioners for the Affair of Carolina for that he could not safely stay at Home and that the Deponents answer was that he had no interest in the Affair and so could not be a Commissioner Depons that the Pannal did wait for the Deponent at Wooller and did go alongst with him to London and that by the way he heard him regrate his own hazard and others because of Blackwoods Sentence and that he heard him regrate the hazard our Laws and Liberties and the Protestant Religion were in Depons that the Pannal spoke to the Deponent and others more then once at London for getting of Money from the English to be sent to the late Earl of Argile for bringing home Arms for the said Earls use as he understood for carrying on an Insurrection and Rebellion in Scotland Depons that at the time libelled in Jerviswoods Chamber in London Mr. William Veitch a forfault Traitor was present and that Sir John Cochran did at that Meeting expressly speak of Money to be sent to Argile for bringing home Arms for invading the Kingdom of Scotland And that at another occasion he heard some of them say that there would be twenty Thousand Men in Scotland who would assist the Rebellion and that he heard Sir John Cochran and Jerviswood speaking of it but cannot be positive which of the two said it Depons that at the Meeting he heard Jerviswood speak but did not hear him oppose that Treasonable Proposal or contradict the Overture proposed by Sir John Cochran Depons that Mr. Robert Martin was sent down from that Meeting which was at Jerviswoods Chamber to Scotland to try what the People of Scotland would do for their own safety And that it was understood that the people of Scotland should not rise till there should be a rising in England and that the Commission was granted to Mr. Robert Martin by all the persons present whereof Jerviswood was one and that there were present the Lord Melvill Sir John Cochran Cessnocks elder and younger Mr. William Carstares Mr. William Veitch Jerviswood and the Deponent and depons they did contribute Money for Mr. Martius Journey Depons that at his return he meeting with the Deponent told him that Matters were in that condition in Scotland and that the Countrey was in such a condition as little would kindle the Fire in order to the Rebellion And this is the truth as he shall answer to God Sic subscribitur Alexander Monro Linlithgow I. P. D. JAmes Murray of Philiphaugh aged 30. Years married purged and sworn produces sour Leaves of Depositions emitted by him before the Lords of the Secret Committie and all Written and Subscribed with his own hand which being publickly read in presence of the Justices and Assize he adheres thereto in all points whereof the Tenot follows Upon the day of May 1683. Upon a letter from Mr. Pringle of Torwoodlie I came to his house in the morning and he presently led me to a Chamber where I found Mr Robert Martin who was lately come from London with whom we stayed a little and discoursed of the news and about the present condition and temper of England and in particular of London which Mr. Martin said was much irritated through some attemps upon their Priviledges either as to the concern of the Sheriffs or their Charter but that all honest men were of good heart and very brisk and after some general discourses to this purpose Torwoodlie and I left him and walked out a little and he told me he was expecting the E. of Tarras presently for he had sent to him and Mr. Martin had a Letter to him from Jerviswood then he told me that there were great matters in agitation at London and that Mr. Martin had come down with a Commission from our friends there I do not remember he named any but that I behoved not to expect he would impart his Instructions to me for he was to communicat them only to Polwart and himself at least for these Shyres and they were to pitch on such as they thought fit to intrust with the affair whereupon he assured me that he had great confidence in me and his kindness to me oblidged him to send for me to acquaint me that matters were now come to a crisis and that he had reason to think England would shortly draw to Arme and stand by them till they were satisfied anent the Bill of Exclusion and what other security they could propose for the Protestant Religion and their Liberties and that it was no project of any inconsiderable party but a design through the Kingdom and that many of the finest men and of the greatest interest and credit there had adjusted almost every thing necessar for the purpose and had concerted matters with our Friends there in order to concurrence from this and had agreed to advance Money for furnishing Arms here I do not remember he told me more particulars at this time but said