Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	burgess_n	king_n	knight_n	3,853	5	7.2952	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88244	Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England.	Lilburne, John, 1614?-1657.	1647 (1647)	Wing L2172; Thomason E370_12; ESTC R201291	90,580	119

ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictiō of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33● H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament can●ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privil●gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Char●a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the D●scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Th●ones ●awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house

shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winches●●r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for ●ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath expr●sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of h●s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posi●ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown

heart blood against you in this way My Lords said he are not you the men that first engaged this kingdome in this present warre And you pretended and swore it was for the maintenance of the lawes and liberties of England But my Lords if you dissembled or were in jest I am sure said he I was reall and in good earnest And therefore my Lords before you shall wrest out of my hand my essentiall liberties and freedomes and that which makes me a man and to differ from a beast having already run the hazards of so many deaths for the preservation of them as I have done I tell you plainly and truly I will by the strength of GOD v●nture my life and blood as freely and resolutely against you in this particular as ever I did in the field against any of the Cavaliers who you told us endevoured and intended to destroy the lawes and liberties of England And some of your selves know that that was resolutely enough And much more as I understand he told them then which I leave to the relation of his own pen and hand which I beleeve the world will shortly see But they went on and sentenced him two thousand pounds to the King for his present contempt at their Barre and two thousand pounds for his pretended crimes contained in their Articles which they took pro confesso because he would not heare them read But in regard that his wives late petition delivered to the House of COMMONS September 23. 1646. doth notably and excellently set forth the illegality of the manner c. of the Lords proceedings with him we judge it very necessary here to insert it not only for the proof of the thing in hand but also for her exceeding commendations in so close following her husbands businesse in his great captivity with such resolution wisdome and courage as she doth whose practice herein may be a leading just and commendable president for all the wives in England that love their husbands and are willing to stand by them in the day of their tryall Her petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lord and their tyran●ic●ll Officers against the Law of GOD and as she conceives the Law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Laws and Liberties and to do them justice and right a a Coll. of decl pag 254. 336. 382. 508. 613. 705. 711 716. 721. 724. 716 7●1 72● 73● which you have often befor God and the World sworn to do b b Coll. Decl. page ●61 663. protestation and covenant yea and in dive●● of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81. 1●2 262 266 267 340 459. 462 471 4●3 58● ●9● without any private aimes personall respects or passions whatsoever d d Col. decl p. 4●4 490. 750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Col● decl p. ●14 And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conforme your selves to the will of God f f Col. declar p. ●66 which is to ●o● justice and g g ler 22 16. 15. 16. 17. right and ●ecure the Persons Estates and Liberties of all that joyned with you h h Col declar 6●6 673. imprecating the judgments of Heaven to fall upon you when you decli●e from these ends * * Col. Declar 4 you judging it the greatest scandal that can be laid upon you that you either do or intend to subvert the Lawes Liberties freedoms of the people i i Col. declar p. 264. 281. 494. 497. 654. 694. 696. Which freedoms c. you your selves call The cōmon birth-right of English-men k k Col. declar p. 738. 140. ●45 who are born equally sree● and to whom the law of the land is an equal inheritance and therefore you confesse in your Declar. of 23. Octob. 1643. l l Pag. 660. It is your duty to use your best endevours that the meanest of the Cōmonalty may enjoy their own birth-right freedom liberty of the laws of the land being equally as you say intitled thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with cōfidence to make her humble addresse to you to put you in mind that her husband above 2 moneths agoe made his formal legall appeale to you against the injustice and usurpation of the Lords acted upon him which you received read cōmitted and promised him justice in But as yet no report is made of his busines nor any relief or actual justice holden out unto him although you have since found time to passe the Cōpositions pardons for the infranchising of those that your selves have declared Traytors and Enemies to the Kingdom which is no small cause of sorrow to your Petitioner and many others that her husband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted disregarded by you as though you had forgot the duty you owe to the kingdom and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673. which neglect hath hastened the almost utter ruine of your Petitioner her husband and small Children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by law are none of his Judges m m Magna Charta 29. Sir E. Cook 2 part Instit fol. 28. 29. Rot. 2. ● 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber door or to come into the prison yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much cōp●ained of by your selves in your Petition Remonstrance to the King 1. Decemb. 1641. n n Col. declar 6 7 8. and detested abhorred there by you as actions cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of those that have the least spark of Christianity Honour or justice in their b●easts And then while they thus

tyrannized over your Petitioners husband they command as your Petitioner is informed Mr. Sergeant Finch Mr. Hearn Mr. Hale and Mr. Glover to draw up a Charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and conscience dealt worse with him then ever the Star-chamber did not only in keeping his Lawyers from him but even all maner of Councellors Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authrity over him to hear his charge read where he found the Earle of Manchester his professed enemy and the only party of a Lord concerned in the businesse to be his chief Judge contrary to that just Maxime of law That no man ought to be both party judge a practice which the unjust Star-chamber it self in the days of its tyranny did blush at and refuse to practise as was often seen in the Lord Coventries case c. And without any regard to the Earl of Manchesters impeachment in your House of treachery to his countrey by L. Gen. Cromwel which is commonly reported to be punctually and fully proved a charge of a higher nature then the Earl of Strafford for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Judge And a great wrong and injustice it is to the kingdome to permit him and to himself if innocent not to have had a legall tryall ere this to his justificat●on or condemnation And besides all this because your Petitioners husband stood to his appeal to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitrarily illegally and tyrannically sentenced your Petitioners said husband to pay 4000. l. to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie 7. years a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claim themselves to bee a House of Peers have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14. Ed. 35. which are delayes of justice or error in iudgement in inferior Courts only and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgement an expresse Cōmission from the King for their medling with it All which was wanting in the case of your Petitioners husband being begun and ended by themselves alone And also seeing that by the 29 of Magna Charta your Petitioners husband or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peers which Sir Ed Co●k in his exposition of Magna Charta which book is printed by your own speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprized Knights Esqu●res Gentlemen Citizens Y●ome● Burgesses of severall degrees but no Lords of Parliament And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his fre● Birth-right unlesse it be by the lawfull judgement that is verdict of his Equa●s that is saith he of men of his own condion or by the law of the land ●h●t is to speak it once for all By the due course processe of law Au saith he 〈◊〉 man shall be in any sort destroyed unlesse it be by the ve dict and judgement of his Peers that is eq●als ●r by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the true copy of which is in the hands of M. H. Mart●n they there record it That his case who was condemned by them for murdering King Edw. 2. shal not be drawn in future time into president because it was contrary to law they being not his Peers that is his Equals And forasmuch as the maner of their proceedings was contrary to all the former ways of the law publickly established by Parliament in this kingdom as appears by severall Statutes o o 5. Ed. 3. 5. 25. Ed. 3. 4. 28. E. 3. 3. 37. Ed. 3. 8. 38 Ed. 3. 9. 42 Ed. 3. 3. 17 Ri 2. 6. Rot. Parl. 43. E. 3. Sir lo. Alces case num 21 22 23 c. lib. 20. fol. 74. In case declar Marshalses ●ee Cook 2. part Instit fol. 464 which expresly say That none shall be imprisoned no● put out of his free-hold nor of his franchises nor free customes unless it be by the law of the land and that none shall be taken by Petition or suggestion made to the King or to his Councel unlesse it be by indictment or presentment of good and lawfull people of the same neighborhood where such deeds be done in due manner or by processe made or by Writ original at the common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p Pat. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * For though they summoned him up to their Bar June 10. 1646. Rot. part 2. 1. H. 4. mem 2. num 1. 27. Instit f. 51. Book declar 58 39 278 845. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate Iune 11. 1646 although he behaved himself then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till he be delivered by due course of Law but During their pleasure which Sir Edw. Cooke saith is illegall q q 2 part instit fol. 52 53. and then locked up close