Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	house_n	king_n	time_n	12,858	5	3.5925	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88233	A plea at large, for John Lilburn gentleman, now a prisoner in Newgate. Penned for his use and benefit, by a faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England; and exposed to publick view, and the censure of the unbyassed and learned men in the laws of England, Aug. 6. 1653.	Faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England.; Lilburne, John, 1614?-1657.	1653 (1653)	Wing L2158; Thomason E710_3; ESTC R207176	34,122	24

them are fully confirmed by that commonly reputed able Lawyer Serjeant John Bradshaw late Lord President of the high Court of Justice against King Charles who in his large Speech to him and against him printed in the second Edition of his Tryal and sold by Peter Cole Francis Tyton and John Playford 1650. from p. 52. to 70. And amongst other passages in p. 55. he hath this That the end of having Kings or any other Governours it is for the enjoying of justice that is the end Now Sir saith he if so be the King will go contrary to that end or any other Governour will go contrary to the end of his Government he must understand that he is but an Officer in trust and he or they ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour And in p. 53. he tells the King That as the Law is his superiour so also he tells him there is something that is superiour to the Law and that is indeed the parent or author of the Law and that is the people of England for Sir as they are those that at the first as other Countries have done did chuse to themselves this form of Government even for Justice sake that justice might be administred that peace might be preserved so that Sir saith he to the King the people gave Laws to Governours according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the Publike the People had a power in them and reserved to themselves to alter them as they shall see cause Secondly such an Act of Parliament as the aforesaid Act of Banishment is not onely against common right common equity and common reason but it is absolutely destructive to the very ends of the peoples Trust conferred upon the Parliament and so the highest of treasons that can be committed And that it is destructive to the ends of the peoples Trust clearly appears by the Statutes of 4 Edw. 3. cap. 14 and 16 Edw. 3.10 which expresly saith that a Parliament at least shall be holden once every yeer and that for the maintenance of the peoples Laws and Liberties and the redress of divers mischiefs and grievances that daily happen And sutable to these things are the ends contained in the Writs that summon them and the intentions of those that chuse the Members and send them And sutable to this is the end of the Parliaments sitting as the present General and his Army in many of their remarkable Declarations have fully declared against the late 11 Members and their accomplices yea and forced the late Parliament to raze out of their books and Records many wicked and unjust things as they judged them to be after the Parliament had solemnly past them as Votes Orders Judgements and Acts yea and endeavoured very earnestly to hang divers of those as Traytors that had executed them as particularly Alderman Adams Alderman Langham Alderman Bunce with the Lord Maior Sir John Gayre and divers others But the greatest grievances and mischiefs in the world are by the aforesaid mischievous and unjust Banishing Act established ratified and confirmed for by it a man is condemned to lose his liberty and estate and the comforts of this life and that without any the least crime committed or accusation exhibited or legal Processes issued out to summon the party to make any defence in the world or ever calling or permitting him to speak one word for himself which is an Act or proceeding against the light and law of Nature Reason the Law of God against the law of Honour Conscience and common Honesty yea a dealing worse with the party then ever the cruel Jews did with Christ or then the bloody butchers Bishop Gardner and Bonner did with the rosted Martyrs in Queen Mary's days who always suffered them to have due processes of Law and to know and see their accusers and to have free liberty to speak for themselves and never condemned them but for transgressing a known and declared law in being Yea also dealing worse with the party then ever the bloody Gunpowder-Traytors were dealt with by King James who always allowed them fair tryals in law from the beginning to the end at the Bar of Justice for their lives Yea it is a worse dealing with the party then ever the Parliament themselves dealt with the bloodiest and most massacring Traytors that ever were in Arms against them to cut their throats Yea the forementioned practice of the foresaid most illegal and unrighteous Act of Banishment is an Act and proceedings in the highest subversion of the Fundamental Law and Liberty of England that can be invented or imagined and by consequence if it may without the highest offence or soloecism in Law be supposed that his Excellencie the Lord Gen. Cromwel Major-Gen Harison and the rest of the Members of the late Supreme Authority of the Parliament of the Commonwealth of England sitting at Westm had any real finger in it or were actors of it they may and ought all of them with all the rest under them that have executed any part of the aforesaid unjust injurious illegal Act of Parliament to be apprehended indicted and proceeded against at the Common Law as Traytors and subverters of the Fundamental Laws Liberties and Freedoms of the free-born people of England as that learned man in the Laws of England Sir Edward Cook in the second third and fourth Parts of his Institutes all three of which are published by two special Orders of the late House of Commons in anno 1641. for good Laws doth declare and prove was dealt with by Empson and Dudley in less cases then the fore-recited unjust act of Banishment and of which severe punishments those Arbitrary and discretionary Judges viz. Trisilian Fulthrop Belknap Care Holt Burge and Lockton in Richard the seconds time sufficiently tasted of as also their arbitrary Accomplices the then Lord Major of London Sir Simon Burley Sir William Ellinham Sir John Salisbury Sir Thomas Trevit Sir James Barnis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgements in subversion of the peoples fundamental Law and Liberties in advancing the Kings will above the same yea one of them was banished therefore although he had a Dagger held unto his very brest to compel him to set his hand thereto But the two first mentioned persons cases being the most remarkable the prisoner at the Bar shall only at present inlarge upon theirs Which Case of Empson and Dudley was thus At the Parliament holden by King Lords and Commons in Henry the sevenths time who was an undoubted lawful king of England and by his marriage of his wife the Lady Elizabeth heir apparent to the House of York as himself was to the house of Lancaster had united the two claimes of Lancaster and York in himself and in a pitcht battel had slaine King Richard

against the King for but to pull him out of his Throne slay him and divide his inheritance amongst him and his accomplices and then to set up his lust will and pleasure as the peoples standing Laws By which apparent and in the face of the ●un avowed practices of his he hath all over the Christian world brought more scorn and contempt upon the zealous profession of God and godliness and all the pretences of strugling for Liberty and Freedom then any one man that ever I read of ●n all the Histories of the world that ever my eyes were fixed upon yea and in the doing of the forementioned things hath given in the face of the sun the absolute and perfect lye to himself and all his many printed Declarations both as he is to be considered as a Parliament-man or as an Officer in Arms. And first consider him as a Parliament-man how many Oaths Covenants Protestations and Engagements hath he formerly taken to maintain the fundamental Laws and Liberties of the people of England and also after he had caused the Parliament to be purged over and over again and again and left none to sit there but those that then pleased his tooth and by their authority taken away the Kings life and altered the form of Government nominally into a Commonwealth or free State did not he and his said friends or Councellors immediately after that publish a solemn Declaration of Febr. 9. 1648. in these very words verbatim A Declaration of the Parliament of England for maintaining the Fundamental Laws of this Nation THe Parliament of England now assembled doth declare That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamental Laws of this Nation for and concerning the preservation of the lives properties and liberties of the people with all things incident thereunto with the alterations touching Kings and House of Lords already resolved in this present Parliament for the good of the people and what shall be further necessary for the perfecting thereof and do require and expect that all Judges Justices Sheriffs and all Officers and ministers of Justice for the time being do administer justice and do proceed in their respective places and Offices accordingly which resolution with the reasons thereof shall be hereafter publ●shed in a larger Declaration touching the same And it is hereby ordered and appointed that this Declaration shall be forthwith proclaimed in Westminster-Hall and at the Old Exchange and the Judges in their respective Courts at Westminster and at the first sitting thereof are to cause this Declaration to be publikely read And the Sheriffs in their several Counties are to cause this Declaration to be likewise published Die Veneris 9 February 1648. Ordered by the Commons assembled in Parliament That this Declaration be forthwith printed and published and that the Members of this House do take care to disperse the said Declaration into the several Counties with all speed H. Scobel Cler. Parl. D. Com. London Printed by Edward Husbands Which said Declaration was backed also with a large pithy one the 17 of March 1648. which expresseth the grounds and reasons of their late proceedings and setling the present Government in way of a Free State Yea John Lilburn now prisoner at the bar for his further plea saith That by the Act of the late Parliament intituled An Act for the abolishing the Kingly Office in England and Ireland and the Dominions thereunto belonging it is there amongst other things enacted and declared that the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single person And that no person whatsoever shall or may have or hold the office stile dignity power or authority of King of the said Dominions or any of them upon pain of high treason against the Parliament and People of England to all such said persons and to all their aiders assisters comforters or abettors Now whether or no that the said actions of laying Taxes and chusing the people Law makers be not the absolute exercising the office dignity power and authority of the greatest King that ever was in England the prisoner at the Bar submits it to the judgement of the learned Judges of the Law And in the last forementioned Act it is further declared and averred that by the abolishing of the Kingly Office a most happie way is made for this English Nation to return to its just and ancient rights of being governed by its own Representatives or National Meetings in Councel from time to time chosen and intrusted for that purpose by the people And further it is therefore there resolved and declared by the Commons assembled in Parliament That they will put a period to the sitting of this present Parliament and dissolve the same as soon as may possibly stand with the safety of the people that hath betrusted them with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth And that they will carefully provide for the certain meeting chusing sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Commonwealth And in several other Acts immediately made after the last forementioned Acts and particularly those two Acts of Parliament of the 14 of May and the 17 of June 1649. declaring what offences shall be judged treason it is thus expressed Whereas the Parliament hath abolished the Kingly Office in England and Ireland and in the dominions and territories thereunto belonging and hath resolved and declared that the people shall for the future be governed by its own Representatives or National Meetings in Councel chosen and intrusted by them for that purpose And the Prisoner at the Bar for further plea in the second place saith that his Declarations as a Souldier or Commander to this purpose are so full as more cannot be said and particularly that remarkable Declaration of the 14 of June 1647. printed in the Armies Book of Declar. p. 36. 37. c. in which 37. p. there he positively declares that the setling of the liberties and freedoms and peace of the Nation is the blessing of God then which of all worldly things nothing say they is more dear unto us or more precious in our thoughts we having hitherto thought all our present enjoments whether of live or livelihood or nearest relations a price but sufficient to the puchase of so rich a blessing that we and all the free-borne people of this Nation may sit downe in quiet under our Vines and under the glorious administration of justice and righteousness and in full possession of those fundamental rights and liberties without which we can have little hopes as to humane considerations to enjoy either any comforts of life or so much as life it self but at the

Verbatim An Act Declaring what offences shall be adjudged Treason WHereas the Parliament hath abolished the the Kingly Office in England and Ireland and in the Dominions and Territories thereunto belonging and hath resolved and declared that the people shall for the future be govern●d by its own Representatives or national meetings in councel chosen and intrusted by them for that purpose hath se●tled the Government in the way of a Commonwealth and free State without King or House of Lords Be it Enacted by this present Parliament and by the Authority of the same That if any person shall maliciously or advisedly publish by writing printing or openly declaring That the said Government is tyrannical usurped or unlawful or that the Commons in Parliament assembled are not the Supream Authority of this Nation or shall plot contrive or indeavor o● stir up or raise force against the present government o● for the subversion or alteration of the s●m● and shall declare the same by any o●●n de●d that then every such ofence shal be taken deemed and adjudged by the Authority of this Parliament to b● high treason And whereas the Keepers of the liberties of England and the councel of State construted and ●o be f●om time to time consti●ut●● by A●●uo●…y of Parliam●nt are to be under the said R●presentatives in Parliament ●n ●u●… for the ma●n●…ce of the said government with several powers and Authorities limited given and appo●nt●d unto th●m by the Parliament Be 〈◊〉 likewise Enacted by the authority aforesaid that ●f any person shall maliciously and advisedly ●o or indeavor the subversion of the said Keepers of the liberties of England or the Counc●l of State and the same shall declare by any op●n De●d o● shall move any person o● p●●sons fo● the do●ng ther●of or stir up the people to rise against them or eith●r of them the●… or ei●her of 〈◊〉 au●horities That then every sum off●nc● and off●nces shall be tak●n d●●med and a clored to be high treason And w●●as the Parliam●n● for their just and lawful def●nce hath raised levied the Army and fo●●es now under the command of Thomas Lord Fairfax and are a● present necessitated by reason of the manifold distractions with●n this commonwealth and invasions threatned from abroad ●o continue the same which under God must be the instrumental means of preserving the well-afflicted p●opl● of this Na●●on in peace and safe●y Be it further Enacted by the aut●o●i●y aforesaid that if any person ●o being an Officer Souldier o● Member of the Army shall ●o contrive o● indeavour to stir up any mutiny in the said Army or withdraw any Souldiers o● Officers from their obedience to their super●ou● Officers o● from the pres●nt Governm●nt as afo●●said o● shall procure invite and o● assist any fo●raigners or strangers to invade England o● Ireland or shall adhere ●o any forces raised by the enemies of the Parliamen● or Common wealth o● keepers of the Liberty of England Or if any person shall counterfeit the Great Seal of England for the time being used and appointed by authority of Parliament That th●n every ●uch offence and off●nces shall be taken deemed and declared by the authority of this Parliam●nt to be high-treason and every such person shall suffer pains of death and also forfeit un●o the Keepers of the Liber●y of England to and for the use of the Commonwealth all and singular his and their lands ten●m●n●s and hereditament goods and chattels as in c●s● of high-treason hath been used by the Laws and Statutes of ●●is land to be forfeit and lost Provided always that no persons shall be indicted and arraign●d for any of the off●nces mentioned in this Act unless such offenders shall be indicted or prosecuted for the same within one yeer after the offence committed Die Lunae 14 Maii 1649. Ordered by the Parliament That this Act be forthwith printed and published Hen. Scobel Cleric Parliamenti London Printed by Edw. Husband John Field Printers to the Parl. of England 1649 And the said John Lilburn now prisoner at the Bar for further Plea saith that for supposed violating those two last fore-mentioned Acts of Parliament and that but for supposed words and for the supposed comp●ling writing and caused to be printed Arguments founded and grounded upon the known and declared fundamental laws of England received principles of Reason and the Armies own pr●nted and publ●shed Declarations he the said John Lilburn now prisoner at the bar was arra●gned and ●ndicted as a Traytor for his lite at Guild-hall London in October 1649. and that principally by the inst●gation and means of his Excellencie the present Lord General Cromwel which Tryal was with that violence and fury that the said prisoner at the Bar was absolutely denyed the declared benefit of the known laws of England viz. the help of Counsel learned in the Law and a copie of his Charge and Indictment which were not denied but granted to the Lord Mocqu●● that grand ●●sh●●be and those Arch-trayt●rs as the yeare commonly called Scrasso●c Can●●●bury Hamilton and Cap●l c. which also was granted to the prisoner at Bar as his right by Law when he was pr●●●ner a● O●fo●● and a●●agned by judge Heart c. for his l●● as a traytor So that the said John Lilburn now prisoner at the bar considering the several penalties declared to be due to any person or persons whatsoever that by force or otherwise should but endeavour to dissolve the late Parliament or their Councel of State ●e cannot either in Reason or Law see or apprehend which way his Excellency the said Lord General Cromw●l and Major General Ha●son c. if they continue and persevere as they have begun to execute the said unjust and injurious Act of Parliament upon the said Jo●n Lilbu●n prisoner at the Bar which is one of the most wickedst and unjust that ever the Parliament in their lives made and of the highest and most notorious acts of their breach of trust that ever they committed as is before fully proved can ●n the least either before God or men acquit themselves of being guilty of the highest of treason both by the letter and equity of the two last fore-mentioned Laws lately made in part by themselves but principally by their instigation in forcibly dissolving the late Parliament against their own voluntary wills and consents Therefore John Lilburn the now prisoner at the bar for further plea saith That it is most just equitable and reasonable to indict arraign condemn and execute the foresaid declared Parliament Traytors Olive● Cromwel Esquire Captain General and Mr. Thomas Harison commonly called Major-General Harison before the prisoner at the bar be indicted arraigned condemned and executed for being a supposed Parliament felon especially considering their tran●gressions is a fact committed after the declaring printing and divulging of a visible and plain Law and a● the prisoner at the Bar's supposed crime is for a fact done before there was a Law in being as in searching into

the least as to punish man whatsoever that is not of them for if my crime whatsoever which in part is already touched upon in the former part of the Prisoners Plea at the Bar and also the absolute Irrationality and Illegality of their making a particular law or their sett●ng up of a particular Court for a particular man which are notably and rationally discussed upon in the se●ond Edition of the book Intituled The Picture of the Councel of State pag. 45. and the second Ed●tion of The L●gal Fundamental Liberties of England rec●iv●d asserted and vindicated pag. 71 72 73. For though a Parliament hath power to levie what mony they judge convenient upon the people by a general tax for common safety of the Nation which Act both by Law and reason they may do yet they cannot in law equity or reason lay all tax upon one two or three men alone and so make them bear all the charges of the publick even so though Parliaments may pass Acts for the good of the People to administer law indifferently to all the people of England alike without exception of persons yet they can neither by law nor reason pass a particular Act of Parliament on purpose to destroy or condemn one two or three individual persons and which shall not in his extent or intention reach any body else because such an Act is against common reason common equity all English men or people being all borne free equally alike and the liberties and freedomes thereof being equally intailed to all alike without exception of persons and theref●…●…e in common reason not to be burthened with an Iron yoak of a particular Act of Parliament when the universalities goeth scotfree in that particular Yea he might urge many Arguments lawful to prove that the Parliament was no Parliament when they past the said Act of Banishment but were long before dissolved and that by their owne consents when the late Parliament took upon them the exercise of regality and the dissolution of Kingship and the house of Lords as it is notaly endeavoured to be proved in the late discourse of the Armies champions as for particularly one licensed to be printed for Giles Calvert and another by Richard Moon at the ssven sters in Pauls Church yard and that it was long since dissolved by that learned man in the Law of England Judge Jenkins renders many reasons in Law to prove it as in his works printed for J. Gyles are to be read p. 19. 20. 26. 27. 48. 49. 50. 96. 139. 140. 142. 147. But much more full to prove its absolute dissolution long since is Mr. Will. Prynne Barrester at Law In his Law-Arguments of the 16 of June 1649. called A Legal vindication of the Liberties of England against illegal Taxes and pretended Acts of Parliament p. 3 4 5 6 c. and p. 44 45 46 c. And that the Parl. Acts long since in Law dissolved the prisoner at the Bar for further plea saith The death of tde King in law indispensibly dissolved the late Parl. as appears by the express Judgement of the Parl. of 1 H. 4. Rot. Parl. Num. 1. and the Parl. of 14 H. 4. 1 H. 5. Rot. Parl. N. 26. and 4 part Cooks Iast f. 46. which book was published for good Law by two special Orders of the House of Commons in an 1641 and 4 E. 4. 44 b. For the Writ of Summons of the late Parliament that was directed to the Sheriffs by vertue of which men were chosen for the last Parl. runs in these words King Charles being to have conference and treaty with and upon such a day about or concerning as the words of the Triennial Act hath it and high and urgent affairs concerning his Majestie the State and the defence of the kingdom and Church of England But how it 's possible for a Parl. to confer or treat with King Charles now he is dead is not to be imagined See 2 H. 5. Cook tit Parl. 3. and therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly that the Kings death doth ipso facto dissolve this late Parliament though it had been all the time before never so entire and unquestionable to that very hour And it must needs be so he being in Law yea and by the authority of this very Parl. stiled The Head the Beginning and End of Parliaments See Cooks 1 part Instit f. 109. b. 110. a. and 4 part Inst f. 1 2 3. and Mr. Pym's fore-mentioned Speech against Strafford p. 8. and the Lord St. Jo●ns Argum. against Strafford p. 12 70 71. and therefore as a Parl. in Law cannot begin without the Kings presence in it either by person or representation Cook ibid. in part 4. fol. 6. see also Rot. Parl. 25 E. 3. N. 10. so it is positively dissolved by his death for thereby not onely the true declared but intended end of their assembling which was to treat and confer with King Charles is ceased See 1 Edw. 6. cap. 7. Cooks 7 Rep. 30 30. and Dyer 156. 4 E. 4. f. 43 44. 1 E. 5. f. 1. Brooks Commission 19 21. and thereby a final end is put unto all the means that are appointed to attain unto the end and therefore it is as impossible for the late Parliament or any Parliament summoned by the King to be the Parliament in law after his death as it is for a Parl. to make King Charles alive again The Kings Writ that summoned this Parl. is the basis in Law and foundation of this Parl. If the foundation be destroyed the Parl. falls but the foundation of it in every circumstance is destroyed and therefore the thing built upon that foundation must needs fall it is a Maxime both in Law and Reason But if it be objected the law of necessity required the continuance of the Parliament against the letter of the Law The Prisoner at the Bar answers first its necessary to consider whether the men that would have it continue as long as they please or after it is in Law dissolved be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence and that it is true in it self is so obvious to every unbyassed knowing eye it needs no illustration Secondly I answer There can be no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redress of mischiefs and grievances yea to the subversions of Laws and liberties I am sure Mr. Pym by the Parliaments command and order told the Earl of Strafford so when he objected the like and that he was the Kings Counsellor and