Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	good_a	king_n	law_n	5,568	5	4.7787	4	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

assented and accorded for the good governance of the Commons that no man be put to answer without presentment before Justices or matter of Record or by due processe and writ originall according to the old Law of the land And the Statute of 25. Ed. 3. 64. saith That no man shall be taken by Petition or suggestion made to the King or his Councell and the Parliament is his grand Councell unlesse it be by indictment or presentment of his good and lawfull people of the same neighbourhood where such deeds be done in due manner or by processe made by writ originall at the Common Law See the Stat. of 37. of Ed. 3. c. 18. and Petition of Right Now to proceed I further added these words or the like Mr. Speaker I was borne in England and the Lawes and Liberties of the Nation are my Birth-right and I am so tender of those Liberties that I cannot I dare not in conscience so farre betray them as to return answer to this Informer Yet I owe so much respect to this honourable House that if you shall please to give me freedome of speech and audience I shall ingeniously and impartially relate the matter of the discourse which passed at the meeting on Ian. 17. for which I am accused with all the circumstances to the best of my remembrances Hereupon Mr. Speaker commanded me to withdraw and the House debated whether I should be heard and within half an houre I was called in againe to the Barre and Mr. Speaker said thus Mr. Wildman I am to tell you that the House commands you to return answer to what Mr. Masterson hath said unto whom I answered thus Mr. Speaker I cannot I dare not betray my liberty in answering to this Informer upon the reasons which I have rendred yet if this honourable House please I shall make a perfect relation of the businesse in question and not being interrupted I proceeded thus Mr. Speaker it is truth I was at the meeting in East-Smithfield on Monday last and as I was informed the principall occasion was to satisfie some which were not maliciously but conscientiously scruplous whether they should any more petition this Honourable House the reason which was rendred was that they had wearied themselves with petitioning and notwithstanding they had purchased their freedom with their blood yet all their endeavours were fruitlesse and their persons imprisoned and abused for petitioning and sometimes their Petitions burned These scruples I endeavoured to answer first I undertook to prove that it was their duty to imploy all their power toward setling the freedomes of the Nation whosoever said I improves not his power to preserve that outward happinesse which God hath in mercy given him he rejects and dispises the goodnesse of God toward him Now a mans libertie is a speciall part of mans earthly happinesse and therefore it s every mans duty to endeavour to his utmost to secure and setle his native freedomes otherwise all the miseries which ensue to any man by the loss or want of his native liberty is brought upon himself and it may be iustly said to such you have destroyed your selves Yet further said I its the command of God that every man should seek the good of his neighbour and consequently much more the good of the Nation It s the essentiall property of the blessed God to communicate of his goodnesse universally and no man shewes forth any lustre of the image of God in him unlesse it be by doing good and it s made the Character of a man of worth or excellency or a man approved of God that he served God in his generation and so it s said of Cornelius he was a good man that is an usefull man in the age wherein he lived And further said I hath not God commanded us to relieve and help our neighbours oxen or Asses in any distresse or being sunk down under any burthen and doth he not much more command us to endeavour the reliefe of the people of our Nation whose backs are bowed down under their heavie burthens and wherefore said I have God united people into a body or society or Nation is' t not for this that every one should be helpfull each to other and endeavour one anothers good mutually and if one person may sit still and suspend all endeavours for the settlement of the Nation by the same reason another and another may be wholly negligent also and so throughout the Nation Further I endeavoured to convince them that it was their duty in this juncture of time Now said I the greatest and most portentuous evill which threatens sudden destruction to the Nation is the divisions and distractions which daily increase and abound And it s the unquestionable duty of every man to seek for peace and union if it be possible with every man now it is not possible to effect or procure an union in the Nation without clearing and securing its freedomes wherefore said J have we contended each with other neer seaven years Is it not for justice and freedom Hath not the Kings Partizens pretended that they fought for their lawes and liberties both parties have made the violation of those the seeming ground of their quarrell and the securing those the only price of their blood therfore it s impossible there should be union unlesse you discover even to your opposers in particular what those freedomes and what those rules of common iustice are for which you have contended Doubtlesse said I its the ignorance or misunderstanding of one another that hath made the contention so bloody if your opposers did understand that what you desire is as much for their freedome as your own and that they should inioy as great an influence of good as your selves from those principles of freedome which you desire should be established that bitternesse malice and hatred which burnes now in their hearts against you would then cease what hath been their cry said I bnt this that you know not what you would have therefore if all of us would desire friendly loving meetings with our neighbours and say to them here is that which we account the price of our blood the bottome of our desires had we but this we should never accoun● any thing more worth blood or the ingaging in a new warre I beseech you friends consider whether those our desires concern not you and your Posterities as much as it concernes us Let us consider it in love if this were done I said I was confident our sad distractions would soone cease And here I added that I judged it the wisedome of those whosoever they were that drew the large Petition that they inserted no such particular grievances as might disingage any considerable partie and so continue our distractions For instance Tythes are by many conceived to be a heavie burthen yet the removall of them is not desired in the large Petition because a considerable partie in the Kingdome hath much particular interest

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. Veritas non querit angulos He that is of God loveth the light c. The Righteous is as bold as a Lyon IOHN WILDMAN London Printed for Ia. Hornish Feb. 1. 1647. An impartiall Relation of all the passages and discourses at a meeting of some Honest men in East-Smithfield upon the 17. of this present Ianuary in reference unto which Lievt Col. Iohn Lilburn and Mr. Iohn Wildman stand committed one to the Tower and the other to the Fleet. As it was made at the House of Commons Barre on January 19. IN this generation Dicere quod nolo miserum quod volo debeo periculosum but if I perish I perish Pereundum in licitis that mans death is honourable whose integritie is the sword that slayes him I hope I am no lesse provided of a safe retreat then the most adored Grandee of our times a pillow of peace is prepared in my most contemptible grave and the gate of that blessed secure Paradice of full communion with the Father is open for me Et contempsit omnes ille qui mortem prius he that contemns Death scornes both hopes and feares those only affections which possesse mens spirits with basenesse or cowardize Surely he that is no great Astrologer may iudge by the Aspect of the Starrs in this Horizon that this English Aire agrees best with the bodies of Camelions Parasites Time servers implicite beleevers such as change their formes Toties quoti● annulus vertitur politicus And therefore it would be a curtesie beyond my enemies intentions if they would send me post to a purer Climate But it may be some will call my Innocence Impudence and ignobly impute my justification of my self to my effronted boldnesse But if I had regarged the barking of every Cerberus I had now been deafe Si sat esset accusasse quis innocens erit Indeed it s the cry of many Sicophants of our age that its impudence to question the judgment of Parliament men but I was never yet perswaded that they all possessed Peters Chaire or that I was bound to beleeve my actions to be errours upon their word Yet I am so devoted to support the AUTHORITY and honour of the Commons in Parliament that were my single interest only concerned rather then J would discover one staine of injustice more in the robe of their honour I would only assert my innocency with a dumb eloquence manibus ad sydera tensis But the fathers abuse and danger loosened the strings of the dumb childs tongue There is an invenomed arrow shot by my imprisonment into the heart of the common cause of my dearest Country the black cloud of infamy cast upon my name dishonours the cause which I professe to maintaine and in the consequence may divert well minded men from its prosecution and beside the nation hath received no superficiall wound by my Arbitrary restraint There was neither witnesse nor evidence against me of a Crime or a legall transgression in the least punctillo The Informer himself comming face to face at the Commons barre accused me of nothing in Law Criminall and yet that I should be disseized of my Liberty and charged in the warrant with no lesse then Treasonable practises against the State whereby my life credit and estate are all indangered this is a President whose utmost evill consequence to the freedome life and estate of every English man If I should attempt to demonstrate J should with the painter that could not expresse his grief for his daughter Draw the Curtaine But let me first give you an impartiall Narrative of my cause On Wednesday the 19. of this instant Ianuary I had intelligence as I was walking in Westminster Hall that J was inquired for by the Serjeant at Armes thereupon J voluntarily repaired to the House of Commons doore and presently I was called to the barre and the Speaker asked Mr. Masterson what he had to say against me to which he answered in words to this effect viz. That the discourse at the meeting in East-Smithfield was interchangeable yet this he remembred that I said some Lords had sent to me the same day of the meeting to tell me that they were willing to lay down their priviledges of being free from Arrests and to be subiect to the Law and that they would be content to part with their Legislative and Law-giving power from their Posterities so that it should not discend to their Heires provided they might inioy it for their own lives Likewise the Informer said that at the time of his comming into the meeting I was speaking about tumults of the poore in Wiltshire Hereupon the Speaker asked me what I answered to them and then I spake to this purpose if not in so many words viz. Mr. Speaker I come not herein reference to this Informer or what he hath laid to my charge neither am I here by vertue of any legall Warrant for I received none but I am here only in respect to this Honourable House to attend its pleasure but as to this Informer if that were truth and a legall Crime which he informes against me I humbly conceive it comes not under the cognizance * The cognizance of any offence except the offence of Iudges or administrators of justice doth not originally or in the first place pertaine to the Parlia but information ought to be given to some Iustice of the peace in the County where the offence is committed that he may proceed according to law that so in case of iniustice or undue proceedings the party accused may have his remedy and reparations by Law whereas if the Parl. take the first notice of any supposed offence and commit any person he is under an impossibility of reparations in a legall course what iniustice soever he suffers of th● Honourable House for I conceive it farre beneath the Authority of this Honourable House to be executers of Law seeing you are of right the sole Legislators or Law-makers but though what this Informer saith against me were a Crime and did come under the cognizance of this Honourable House yet I conceive I were not obliged to answer because there is no legall Accusation but only a verball uncertaine relation of a discourse at a meeting I shall here adde the proof of this assertion the Statute of 42. Ed. 3. c. 3. Which saith It s

from me upon that ground only and hereupon I desired on Thursday the 20 of Ian. onely somuch favour as to be heard speake for my selfe in this particular Secondly Suppose a crime had been objected against me yet the warrant for my commitment was wholly illegall Let me not be mistaken as if I intended to bound the power and jurisdiction of Parliament any further then common equity and reason limits them which is naturally implied and supposed to be a Law to Legislators even from that annallogy which all bodys politick hold with the naturall whence all governours and governments borrow a proportionable respect hence I conceive that an act of parliament against common right or reason or repugnant or impossible to be performed is null and voyd in it selfe as supposing an act of Parliament should be made to constitute a man judge in his own case it were voyd in it selfe and I judge this to be the ground of executing that exemplary justice upon Empson and Dudley for putting in execution that Act of Parliament in the 11 of Hen. 7. C. 3. that Act of Parliament was against common equity and reason the words are these be it enacted that the Iustices of the Assizes and Iustices of the peace upon information for the King before them to be made have full power and Authority by their descretion to heare and determine all offences and contempts c. g See Cookes Instit 4. part pag. 40. First here the Iustices were authorised to proceed upon information without any indictment second to judge by their discretion and not according to the Law and custome of England as all proceedings ought to be now this being against common right and reason the Act was null and voyd in it selfe and Empson and Dudley Iustices died justly for what they did according to this Act as though there had been no such Act. Neverthelesse I conceive the maxime that this Parliament declared in their Remonstranee of May 26. 1642 book decl p. 281. stands impregnable viz. that those which shall guide themselves by the judgement of Parliament ought whatsoever happen to be secure and free from all account and penaltys but it is naturally and necessarily supposed that the judgement of Parliament cannot be against common equity or reason as when the Law made it petty treason for a servant to kill his master it was not made such a hanious crime for a child to kill his father the reason was because the Law supposed it to be a thing so abhorred of nature that such a fact would never be committed and likewise it s not to be supposed that the judgement of Parliament should be contrary to common reason or equity and therefore such limitations are not expressed in any maximes relating to the power of Parliaments yet they are necessarily implied but I beleeve the freedomes of this Nation will never be secure untill the extent of the power and trust of the peoples representatives and the peoples reservations to themselves be clearely declared This I speake in referrence to their legislative power of which onely I conceive that maxime in the Law concerning the Parliament is to be understood viz. Leges latent in ●ectoribus the Laws are hidden in the Parliaments brests But as to the Parliaments power in executing Lawes upon such offenders as do properly and originally come under their cognizance in my humble opinion they are obliged to proceed in the legall and ordinary way of putting the Lawes in execution this Sr. Edw. Cooke 4 part instit p. 3● expressely affirmes saith he Where by order of Law a man cannot be ●●tainted of high treason unlesse the offence be in Law high treason he ought not to be attainted by generall words of high treason by authority of Parliament but the high treason ought to be specially expressed And when King Hen. eight enquired of the chiefe Iustices whether a man that was h See Cooke instit 4. part 137. forth coming ought to be attained of high treason by Parliament and never called to his answere the Iudges answered that the high Court of Parliament ought to give examples to inferiour Courts in proceeding according to Iustice no inferiour Court could doe the like Let their judgement be duly observed they said no inferiour Court could so proceed and therefore muchlesse the Parliament who ought so to observe the Laws and rules of justice as to be patternes of justice to other Courts and the rather because from them there is no appeale so that the argument is a minor ad majus Indeed the high Court of Parliament hath a power of declaring the Law in particular cases before them and they say they have not claimed it nor exercised it otherwise to be obligatory as a Judiciall declaration of the Law i See the Parlm Rem of May 26 1 part book de p. 721. but observe this power is to be exercised about Lawes which may be taken by way of consequence equity or construction not about penall declarative Lawes such must be taken by the letter onely otherwise they should implie a contradiction to themselves and be no more declarative Lawes but Lawes of construction or constitutive so that this their judiciall power in declaring Laws exempts them not from an obligation to proceed according to Law in executing any penall declarative Lawes such as are the Lawes against treason c. But the Parliaments Legislative power hath its exercise in this case they may repeale any penall declarative Law or enact any new Law declaring what shall be treason or petty treason c. But every supposed offender ought to injoye the benefit of any Law which was unrepealed at the time of his supposed offence neither can any Law enacted after the imagined crime of any man be the rule by which such a criminall person shall be tried or judged Rom. 4. the script saith expressely Where there is no law there is no transgression and I may say further where the Law is not declared it bindes not nor can any man justly suffer any punishment for the breach of such a law It s a knowne maxime of the Law de non existontibus et non apparentibus eadem est ratio there is no difference between Lawes not made and Lawes not declared and therefore of old all the Acts made by any Parliament were by the Sheriffe of every County of England Proclaimed and published in all places through his Bayliwick and the Kings writt issued forth to every Sheriffe to that purpose k See Cooks instit 4 par c. 1 p 16 Now I conceive I may conclude that the Parliament ought to proceed in the ordinary legall way of executing at least the penall lawes and if it were otherwise their were no law in England during the seting of Parliaments for if the Lawes which bind to such and such manner of ●roceedings be not obligatory to the Parliament then no other Laws which declares offences and the penalty of