Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	law_n	power_n	supreme_a	4,382	5	8.6951	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79829	The discoverer. VVherein is set forth (to undeceive the nation) the reall plots and stratagems of Lievt. Col. John Lilburn, Mr. William Walwyn, Mr. Thomas Prince, Mr. Richard Overton, and that partie. And their severall seditious wayes and wiles a long time practised by them to accomplish and effect the same. Namely, under the pretence and colour of libertie, and to take off the burdens and grievances of the people, a most dangerous and destructive designe is carried on to deprive the nation of their religion, rights, liberties, proprieties, lawes, government, &c. and to bring a totall and universall ruine upon the land. And so much is here clearely proved. The first part. / Composed and digested by some private persons, well-wishers to the just and honourable proceedings of the Parliament and Councell of state. Published by authoritie.; Discoverer. Part 1.	Canne, John, d. 1667?	1649 (1649)	Wing C438; Thomason E558_2; ESTC R205840	54,681	62

to draw others into the Conspiracy with them clearly tending to the losse of Ireland and the utter ruine of this Nation by a n●w warre This being known and the gre●t perill and mischiefe apprehended the Parliament thereupon an f Pe●●arū irrogatio tam ●●t c●ns●●vandae R●p ●e●essari● ●uam est co●●a●ibus Chiru●g●●i s●●tio initio qu●●● utilitas m●xima cum pl●●m● sine ad ●x●●●um p●r●in●t ●li à fa●●ri●is d●●● rea●●r Reck Po●l 1. fit they should and high time it was gave Comm●ssion and Order u●to the Councell of State for the apprehending and securing of these mutineers The Councell accordingly appointed some Officers of the Armie to see the Parliaments command ex●cuted and b●cause it was well known that there were some se●i●us people in a●d about the Citie confederates with them and ready to make any hurli-burlie and commotion it was thought the best and safest way to prevent tumult and other i● c●nv●●●●ce to apprehen● them in the night the which being done and the 〈◊〉 brought before the Councell it was there shewed them by the Lord President by what Authoritie th●y were sent for and the reason why Unto which their Answ●r was required And thus much in briefe for the occasion Now for their Answer if it be obse●ved either what they spake to the Councell or is contained in their additions since with the many quotations of Statures and marginall notes it amounts to just nothing for fi●st i● pag. 3 4. there is onely a frivolous relation as when and how they were apprehended and by whom from pag. 5. to 17. Whatsoever carries any shew of something it is thus and nothing else Wee are Englishmen and so in a legall capacitie to claim the utmost punctilio benefit and priviledge that the Lawes and liberties of England will afford to any man in the whole Nation Wee know not what to make more of you then a company of private men being neither able to own you for g It is published by themselves that the L. Presidet did not aske them any question as in way of tryal so as to proceed in Judgment but to report it to the House In which words howbeit but few there was enough said to justifie the Councell and to shew their igno●āce that they should not observe them as to speake something thereto a Court of Justice because the Law speakes nothing of you Againe The people of this Nation have not betrusted the Parliament with a Law-executing power This is the most and all in all their tedious and long Discours● w●ich lookes like something the rest is either rayling at others or boasting of themselves But is there one word in all this to the cause in hand Is it not Ignorantia Elenchi and as the Proverb is h Ego de alliis loquor tu respondes de cep●● One askes for Garlick and the other speakes of Onions For 1. Let it be granted they are Englishmen and so may claim the liberties and priviledges of the Law yet it doth not follow but for Conspiracy and Treason against the State they lawfully may be apprehended Againe say the Parliament be not intrusted with a Law-executing power yet no man will deny but the supreame Authoritie of this Nation are intrusted with a Law-making power that is they may * Note that th●re was nothing don by the Councell of State against those mē intefe●ēce to their own jurisdiction power but as they were the Parliaments Commissioners and had command order from them to act so and so and therefore that which the Councell did herein was no more but what any other men in the like case might ought to have done For the Parliament without dispute can impower and authorize any man or men to apprehend and examine traytors and finding cause by the said delegated power to commit them that they may be tryed afterwards according to Law designe and appoint whomsoever they thinke best and fittest to apprehend such men whom they understand to be making sedition and raising warre in the Land to the end they may be brought forth to tryall according to the known Law provided in that case But here they are silent and no wonder for indeed a plaine relation of the thing as it stood had been enough to prove their apprehension examination and commitment all to be legall But their manner is what is cleare to darken with a heap of confused words or omitting the matter unto which they should directly speak to run away with some impertinent and by-thing There is no other thing that we know charged upon the Councell of State as for the slanders falshoods and treason set forth in that book we shall very shortly come to the discoverie thereof with the rest of their conspiracies and seditions in their other Papers At this time it shall suffice that we have wip'd off all their calumniations and reproaches against the Honorable and great Councell of this Nation The next place unto which they bring us is the Councell of Warre and here we finde their main bodie and the great ordnances planted of untruth treacherie contradiction sedition and what not In the first part of their new chain there is very little comparatively to what is published in the second part We purpose if God will in our Discoverie to go thorow both that so the Nation may the better see and judge what a generation of men they are First then of the Councell of War this they say by their means i Englands new Chaine pag. 9. after these fair bloss●mes of hopefull liberty breaks forth this bitter fruit of the vilest and basest bondage that ever English-men groaned under Answ 1. We may see in these men what k Vincere consuetudinem dura est pugna Aug super Psal 30. an hard thing it is to leave a bad custome when it is to plead for mutinous Souldiers and to encourage them in their refractorie and seditious courses then we shall hear them speak of good dayes l In their Letter to his Excellencie April 27. 1649. Times of peace all Courts of Justice are open But if it be to reproach the Army they can make their tongues to say quite contrary nothing then but bondage yea the vilest and basest that ever English-men groaned under not regarding what hypocrisie they shew by their grosse contradiction so they may do some mischief one way or other 2. There is a Letter extant of Lilburnes wherein he expresseth himself to his Excellencie thus * Juglers discovered Truly Sir give me leave to tell you without fear or dread had I come and could have got so many to have followed me as would have enabled me with my sword in my hand to have done justice and execution upon those grand treacherous fellows and tyrants at Westminster that have not onely tyrannized over me but the whole Nation I should have made no more scruple of conscience with my own hand to have

omnibus vindicondum esse quod 〈◊〉 esse deus voluerit 〈…〉 and destroyers of States have alwayes said They have p●●●●sed as in the presence of Almighty God that all their en●●●vours should be for Religion freedome peace and pros●●●● of the people by removing tyrannie oppression cruel●●● 〈◊〉 yea a Muntza●is aperte profiteri capi● se divino mandato excitum tum magistratibus impi● 〈…〉 dis tum mutando regimini politico given out as if in a speciall manner they were called 〈◊〉 to such a worke but their hypocrisie and treachery hath 〈◊〉 discovered and the Lord laid a sensible and visible judg●●●●● upon them for it And 3. That the fire which they have kindled in the A●●● may burne till all be consumed they have now lately found 〈◊〉 a notable devise namely to keepe away the water whereby i● might be quenched No otherwise then as a Thiefe who ma●ing with a traveller well arm'd and perceiving himselfe t●● weake for him would perswade him that his weapons are ●●lawfull and therefore should lay them down and this he doth purposely to rob and kill the honest man So these men would perswade the Army that b The Peoples Prerogatives pag. 53 54 55. c. The hunting of the Foxes pag. 18. there is now no Marshall Law but 〈◊〉 is absolute murder in the Generall and Councell of Warre to put any Souldier to death for any crime or offence whatsoever c A Letter written to the General from Lieyt Col. John Lil●urn M● Rich. O●●ton April 27. 1649. and th●● Souldiers onely are punishable in the Courts of Justice and according to the Lawes and Statutes of the Kingdome so that the Co●●●cell of Wor●● hath no more right to inflict Justice then a thiefe or robber hath to a purse which be takes upon the high way But wherefore is all this but for this end viz. when they have wrought sedition and treason in the Army there may be no meanes course or way sound out for to stop the b●●●ch till all be lost scattered and destroyed Here we shall againe passe over their d In a Booke Entituled A plea for Common Right presented to his Excellency Decemb. 28. 1648. pag. 5. There they approve of the Commission Officers and Marshall Law onely desire something to be amended grosse Contradiction as saying and unsaying one while justifying another while condemning the same thing for advantage and to serve their own turne Neither is it worth the while to mention their e At no mercinary Souldiers and yet take pay no States Army ye●●an Army Ergo it must have Law Marshal 2. Raised by the Parliament and for the Parliament Peoples Prerogative pag. 57 58 59. Non-se●ie at obsurdities and childish passages concerning this thing There is enough said by themselves even where they speake most against Marshall Law to justifie the Armies proceeding by Marshall Law and out of their own mouth to condemn themselves of ignorance or malice or both For observe every Reader that hath sense Their 〈◊〉 and grand Objection is Thus no person ought to be judged by Law Marshall except in times of Warre When there is no burli-burlie in the Kingdome no professed or declared enemy against the peace thereof ready to destroy it with fire and sworn but all things are pe●●●ble and quiet c. Marshall Law is not lawfull Hence we gather not as Petitio principii but argumentatio exconcess● as they use to say the lawfulnesse of Marshall Law by their own Grant For seeing they make burli-burlies in the Common-wealth and declare themselves enemies unto peace are In●●ndlar●●● and Mutiners every where seeking by fire and sword to ruine all things of necessitie there must be Marshall Law their seditious acting is enough to warrantie and had we no other apparent enemies ●ut They it would sufficiently prove that there is no Act or Statute which doth prohibit the same in this very case All that they say may be framed thus If Marshall Law at sometimes and as the condition of a Kingdome maybe is not to be exec●ted ●hen is not Marshall Law at any time lawfull in what condition 〈◊〉 ease soever the Kingdome be such reasoning and theirs is all one Besides it ●●●ost evident that they understand 〈…〉 Marshall Law is for if they did they would not sp●●ke 〈◊〉 ●o●●ntly of * Note that there is no Statute which prohibits Marshal Law to an A●mie that hath been in service and once used it so long as the State hath upheld it and stood an Army formaliter S●●tutes prohibiting the ●s●●her●●f con●●●●● Marshall Law is grounded upon pure reason a princi●●●●●ture and common to all Nations it 〈◊〉 ●ssentiall ●o an 〈…〉 hath it s proper rise and residence there and so cannot 〈…〉 away as long as it remaines a formall Army and 〈…〉 execution should be hindered yet the right and power of ●●●shall Law an Army alwayes hath Now the Law saith f N●●●●●●juria s●●●● qui jure suo ●●●tur L ●roralus L. fluminum de damn infect 〈…〉 jurious to none who makes use of his own power and right 4. Howsoever hitherto they have acknowledged the P●●●●ment to be g Englands new Cha●●● pag. 1. The hunting of the Foxes pag. 25. the supreame Authoritie of England yet now 〈…〉 they deny it and title them h The Picture of State Second Edit pag. 14. The Gentlemen sitting at W●●●●●ster And because they perceive there are many in the Land ●●●mies to the Parliaments proceedings to ●nco●●●● 〈◊〉 such in their malignancy and to helpe forward 〈…〉 and trayterous plots they have in hand against the p●●●● 〈◊〉 safetie of the Land they joyn with them hand in hand 〈◊〉 ●●clare themselves to be the chiefe Incondiarius and the 〈◊〉 of conspiracy perswading others as one 〈◊〉 to ri●●●● 〈…〉 Parliament and as so many professed traytors 〈…〉 high-way men to apprehend s●●ure and bring them to Ju●●● 〈◊〉 new Representative The●● i John Lilburn semper idem Contradictions we still let passe we shall onely ●ver to the Nation the Reason o● cause wherefore it is 〈◊〉 Parliament which is called by them the supreme 〈…〉 England and say We own this honourable House 〈◊〉 of right 〈…〉 true Guardians of our Liberties and Freedomes * Lievt Col. Jo. Lilburne speech at the end of Englands new Chaine In a 〈…〉 is said to be absolutely deg●●●●ated into pure tyranny and thereby 〈◊〉 lost the essence and soule of authoritie and are 〈…〉 ●ing carkasse and all their commands to be cont●●●●● 〈…〉 illegall in themselves Take noti●● they were p●●●pon this of ●●cessitie For considering what they had trayterously 〈…〉 acted against the Parliament to acknowledge th●● is they 〈◊〉 before the supream Authoritie of England the R●p●●●●●● of 〈◊〉 people in Parliament assembled they became by their 〈◊〉 a●kno●ledgement actuall Traytors and Rebels against 〈◊〉 State● and therefore perceiving so much they doe recall it as not having don any

●min sed tionis ansa praebit quia dum quicsc●re magistratus officia plebs vid●t nullisque legumse coercere r●p●gulis animadvertit ipsa sb● rapere gubernacula quidvis audere incipit contempto magistratu vel spe impunitatis concepta Frid. Wendellin Instit Polit. l. 3. c. 2. p 492. A Magistrate who hath discovered a Conspiracie and seemes fearfull to remedy it is as faultie as the Conspirator himselfe 4. They tells us they n Englands new Chaine second part pag. 14. want freedome and are in Chaines because the Parliament stops their mouths from printing Answ 1. Here we may use their own words That it is a sure and radicall Maxime in Law Nihil quod est contra rationem est licitum Nothing which is against reason is lawfull To which may be added p L●vim de sust sur l. scientiam §. cur ad A quid Against force and injury it is lawfull to use defence Likewise Licet vim vi repellere When Demosthenes would set forth the improvidence and incircumspection of the Athenians presented to them an innocent Foole who being smitten on the cheek laid his hand on the place where he had received the blow and being stricken on the other cheek did the like never using any of his hands to defend himselfe from further blowes Such Idiots and Silly-bodies they would have the State to be stand still and suffer them with their seditious and scandalous Libels to strike them as often as they please and through their sides to wound and destroy the Common-wealth But observe what they say in their own case q Overtōt Appeale pag. 3 4. It is a firme Law and radicall principle in nature ingraven in the Tables of the heart by the finger of God in the Creation for every living moving thing wherein it the breath of life o Overtōs Appeale pag. 3. to preserve award and deliver it selfe from all hurtfull things destructive and obnoxious thereto to the uttermost of his power If this be true surely then the Parliament should not follow a radicall principle in nature to suffer them to publish their trayterous and licentious Pamphlets seeing there is nothing more hurtfull destructive and obnoxious to the peoples safetie then the same 2. Such as prescribe Remedies against Conspiracies give this as the first and principall namely r Petrus Gregorius lib. 23. de Remp. To prevent and cut off if possible the occasion that it may not breake forth ſ Clem. Templ Polit. lib. 4. cap. 7. pag. 424. Initia seditionum quamprimum apparuerint comprimantur Where the burning of a house is seated there the smallest sparkles of fire are quenched to whomsoever stormes and tempests are dreadfull the first and least signes thereof are observed by them Now they are very ignorant in State-affaires who * Quicquid id est ●●m●● Danaos dona serentes Sic notus ul●sses Vir. Aeneid 2. see not that Books and Papers containing calumniations and falshood against Authoritie under what colour or pretence soever as for libertie and to have taxes and burdens removed are fire even wild-fire in a Common-wealth a storme and whirle-wind indeed enough if not prevented to burne and throw down all things and to prove this we need not goe further then the present example of these t As the fire-fly leapes and dances in the fire so it is their rejoycing to see cōmotions and stirres in the Land unhappy men 3. Men who have acted by the Principles of Reason and Nature knowing praevisa minus laedunt things foreseen doe lesse hurt have alwayes been carefull to stop the publishing of seditious bookes Hence u Plato l. 10. de Republ. Plato x Plutarch lib. de Civils administrat o●e Plutarch and the wisest of the Gentiles in their Models and Platformes of Civill Government have evermore given order that y Famosi libelli convitia contumelia detractiones publicae sunt a magistratu coercendae ut pax inter cives maneat Plato l. 11. de legibus infamous Writings should not be permitted such as contained calumniations and reproaches and tended to mutinie and division but the Authours and Promoters thereof punished Neither are there any Christian * Libellos famosos sive pasquillos magistratus spargi prohibeat eorumque authores disseminatores graviter coerceat Keckerm System Polit. l. 1 c. 22. p. 358. Statesmen but in their Republicks and Polities doe say as much And so much hath been ever practised by all States And in some of our own Statutes it is declared that a 5. Ed. 6.11 Whosoever by Writing shall affirme the King to be a Tyrant an Vsurper c. it is high Treason Againe b Philip and Mar. 3. 1 Eliz. 6. If any by Bookes Rymes Ballads Letters or Writing shall publish false seditious and slanderous things against the King or Queen his right hand is to be stricken off for it and if he doe so againe to suffer imprisonment during his life And here we may Reason from the lesse to the greater if for Writing falsly or seditiously against the King it be a crime deserving the cutting off the right hand or perpetuall imprisonment and to call him Tyrant or Usurper be high Treason by Law it must needs then in our understanding necessarily follow that to write the like against the supream Authoritie of the people whose power is greater then the Kings and their place above him is as high and capitall a crime y●● and by the same Statute deserves the like punishment The tru●h is it is beyond our apprehension how for words wri●●● against the c So have the Kings of England been servants Stewards and Ministers to the people servant the Writer by such a Statute shall commit high treason and yet the same words written against the d So is the Parliament being the Representatours of the whole Kingdome Master not found so by that Statute If Law be reason as it must be or else 't is no Law then thus speakes Law with Reason * Si id quod minus verisimile est verum est id etiam erit quod magis verisimile videt●r Pet. Fonsec Instit dialect lib. 7. c. 29. If that which is lesse likely be true then will that be also which appeares more likely That Statute which finds a man guiltie of high treason and justly condemns him for it for words against the infectour and lesser power that same Statute will finde a man also guiltie of high treason and justly condemn him for it for the like words against the superiour and greater power 4. Whereas they would helpe themselves by mentioning Stapleton Hollis the Prelates c. This is not tali modo but a Sophisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad illud quod dictum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Because Pilate did not well in condem●ing Christ therefore he did ill to condemn the theeves But here we cannot but smile to