Selected quad for the lemma: soul_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
soul_n	action_n	body_n	life_n	5,700	5	4.7855	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88212	The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher.	Lilburne, John, 1614?-1657.; Lenthall, William, 1591-1662.	1649 (1649)	Wing L2131; Thomason E560_14; ESTC P1297; ESTC R204531	104,077	84

had cansed the grace of God to appear in my soul to 〈◊〉 me as a reciprecall duty spread abroad in my heart by the overflowings of the fountaine of love within me to abstaine from all ungodlinesse and worldly best and to live soberly and righteously in this present evill world doing good to all his especially to the houshold of Faith Ingraving with his Spirit upon my heart as with a point of a Diamond those Divine Laws viz. to doe to all men as I would they should do to me and in all the carriages of my life to be watchfull over my actings and not to be evill that good may come of it and thirdly that seeing that I am bought with a pri●● by Redemption that therefore I should not be the servant of men to serve their best and wills but entirely and solely the servant of God to glorifie him with my body in rightous and just actions amongst the sons of men as well as in my soul in speculation imgra●tion or adoration and so at present I leave them to the reflections of their own consciences if the vanity of the world and the fadeing promotions thereof hath not eat out the life and sensible part of them into whose secrets 〈◊〉 let not my soul O Lord enter into But as for the rest of their subscribing Comrades being in all six or seven I know not some of them only 〈◊〉 Price and Richard Arnold I know to be men fitly to deserve the name of 〈◊〉 Baristors or known Eves-dropers so detestable and abominable therefore to all truly really honest unbialed men that know them that a man shal but defile himselfe to touch them with a paire of tongs deserving no other answer from me for their indefatigable and restlesse pains to bespatter and destroy me but either the highest of scorn or a good cudgell in due time and so at pres●●● I leave them to the serious perusal of their own ugly forms and shapes lively pictured out in that most excellent and masculine Anatomy of them by Doct. Brooks in his Law Book entituled the Charity of Churchmen or a Vindication of my most choice and honest Comrade and Fellow-sufferer Master William Walwyn But in regard my grand adversaries and their little Boagles in London doe continually report me to be a man of contention and one that is never 〈◊〉 from broyls nor never content with any Government but full of self ●●●ceitedness malice and revenge it will be very necessary for me to return a● effectuall answer to this before I come to the main thing I intend And therefore in the first place When I was a childe as Paul saith I thought as a childe I did as a childe but after I came to have any discretion well ngh twenty years agoe my Father brought me to London and bound me Apprendes to Mr. Thomas Hewson near London-stone whom I served as faithfully about six years as every Apprentice served a Master And though he had no more but my self and had many thousands of Pounds went through my hands driving a large Whole-sale trade yet directly nor indirectly I cannot remember that ever I wronged him of a Groat or the value of it or that ever all the 〈◊〉 I was with him I was ever branded or taxed with one bafe visible action or that I either gave or took a box on the eare or any thing like it or ever quarrelled with any Flesh alive all the time I was there although I had then as much mettle life and spirit as most young men in London had only I must confess my old Master offered me sometimes some abuse for which I carryed him before the Chamberlain of London and ever after lived in peace with him And after that in all the dayes of my calamity by the Bishops had the truest and cordiallest friend of him that ever servant had of a Master in the day of his tryall And though in his service keeping only a Ware-house severall days in the week I had spare time enough yet I never misspent it but continually spent it in reading the Bible the Book of Martyrs Luthers Calvins Bezaes Cartwrights Perkins Molins Burtons and Rogers Works with multitude of other such like Books that I had bought with my own money till the foresaid Mr. Edmond Rozer my familiar friend and neighbour and fellow-professor of Religion conversant at my Masters house from the beginning of my coming to him brought me in anno 1636. acquainted with Dr. Bastwick then prisoner in the Gatehouse whom after I visited constantly and for whose service I could have laid down my life and for my true affection to him I was forced by the Bishops and their Catchpoles to fly into the Low-Countreys for refuge just about the time of his Banishment where I was divers months and where the Kings Ambassador Sir VVilliam Boswell laid for me as I was informed severall designes to put me a Ship board and send me over to England to the Bishops here for my visible activity there against them which forced me continually to wear my sword about me yet in all my time there I never gave nor took a box on the eare nor had so much as a single quarrell and at my coming to England I was in danger enough and therefore went like a swaggerer disguised and yet was betrayed by my pretended bosome friend John Chilliburn servant to old Mr. VVharton in Bow-lane and so fell into the devouring clutches of the High-Commission Councell-board and the Star-Chamber all three of which had a sting at me But in all my troubles and tryals by them for divers years together I never saw or heard of any other prosecutor but only two most desperate forsworn false Oaths of my then familiar acquaintance Edmond Chillington then Button seller in Cannonstreet and now a forsworn lieutenant in Colonell Whaleys Regiment of Horse which false Oaths he was hired unto by the Bishops and their Chaplins Mr. Baker c. and by means of which he got his own Liberty and this he did for my curtesie and kindnesse to him in his then captivity c. owing me at this day I am confident of it upon that account well nigh 30 pounds by meanes of which Oathes I had above 500 stripes with knotted cords given me by the bloody decree ofold Sir Henry Vane c. and endured a world of other unheard of miseries and barbarous cruelties for three yeers together and at my deliverance by the Parliament I could have had his eares for perjury as easily as to have kissed my hand if I had been revengefull but so far was I from that that I never questioned him for it but contrarily I requited him good for evill when he was prisoner in Oxford Castle with me and ready to starve being destitute both of money and friends there and to save him alive I readily lent him both gold and silver as he very well knowes by the same token I was without my money

distruction Again how can Law be maintained when the free execution of Justice in the ordinary course thereof shall be hindered by you which you in your Declaration 23 of October 1642. 1 par Book Declar pag. 656 call the soule and life of all-Laws which ordinary course of Jestice you in your first Remonstrance page 7 call the common birth-right of the Subject of England And therefore 1 par Book Decl. pag. 660 you own it as your duty to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right freedom and liberty of the Lawes of the Land being equally intitled thereunto with the greatest subject and if so how can you in justice and honour or conscience deprive and ebereave me of my birth right the benefit of the Law of the Land in the ordinary course of Justice in the Judicatures thereof who have done no actrons either by Sea or Land but what doth become an honest true-bred Englishman and constantly in the midst of many deaths maintaining the Laws i and Liberties of my Native Country which actions are consonant to the Authority of Parliament and for the service and benefit thereof and therfore I ought not to be molested and troubled therefore especially by you who in your Declarations in the case of the Five Members declare 1 par Boo. Decl. pa. 39. you are very sensible that it equally imports you aswell to see Justice done against them that are criminous as to defend the just rights and Liberties of the Subjects and Parliament of England but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate for keeping me there against Law by the Lords Order You are so far from punishing the criminous that you justifie the wicked and condemn the righteous break all your Oaths Protestations and Covenants that you have taken to maintain the Laws and Liberties of the Kingdom and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature which crime you taxe the King with 1 par Book Decl. pag. 690. yea and thereby become destructive to the being of the Common-wealth and the safety of the people the preservation of which is the chief end of the Law the institution of all Government as you declare in your Declarations of the 6 of May 1643 17 April 1647. 2 part Book Decla fol. 95. 879. For the Illustration of which I desire to observe this Method First I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England but I conceive I have already so fully done it in my three pleas against the Lords that they are unanswerable viz. First in my Plea before the Committee of the House of Commons where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons where M. Iohn Maynard had the Chaire And Thirdly in my Plea before the Judges of the Kings Bench the 8 of May 1648. all three of which I desire to communicate unto your consideration And if the Lords by Law have no originall Jurisdiction over me then no power to summon me nor no power to try me nor commit me Wherefore M. Wollaston by Law ought to have refused to have received my body or detained it in prison by vertue of their illegall warrant which being both illegall in the power that made it in the forme of drawing it up he is liable to make me satisfaction in Law for executing it which at present I illustrate out of your own Declarations which are the most unanswerable arguments against you that I can use Acts 17 26. Titus 1. 12. And first in your Declaration of the 17 of January 1641. 1 par Book Decl. pag. 38. 39. where speaking of the Five Members you say his Majestic did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said Members which by Law he cannot do there being not all this time any legall charge or accusation or due processe of Law issued against them or any pretence of charge made known to the House of Commons all which are against the Fundamentall Liberties of the Subjects and the Rights of Parliament Whereupon we are necessitited according to our duty to declare That if any person shall arrest M. Ho●●● Sir Arthur Haslerig Master Pym Master Hamden Master Strode or any of them or any Member of Parliament by pretence or colour of any warrant issuing out from the King onely is guilty of the breach of the Liberty of the Subject and of the Priviledges of Parliament and a publick enemy to the Common-wealth and that the arresting of the said Members or any of them or any Members of Parliament by any Warrant whatsoever without a legall proceeding against them and without consent of that House whereof such a person is a Member is against the Libertie of the Subject and a breach of Priviledge of Parliament and the person which shall arrest any of these persons or any other Member of the Parliament is declared a publick enemy of the Common-wealth Yea and upon the 15 of January 1641 you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert to require of him satisfaction for his great injury and scandal that particularly be had done to the said Mr. Hollis c. and generally to the publick Justice of the Kingdom in so illegally accusing the foresaid five Gentlemen without due processe of Law as appears in your first part Book Declarat pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part Book Decl. 67. you rel the King It is your duty to tell him of the injustice done unto the five Members for impeaching them without due processe of Law and to require reparations for them And therefore in your second Petition of the same month 1 par Book Decl. pag. 76. 77. you tell the King again notwithstanding all your importunity the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason to the exceeding prejudice not onely of themselves but also of the whole Parliament And whereas by the expresse Laws and Statutes of this Realm that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 it s said If any person whatsoever make suggestion to the King himself of any souls committed by another the same person might to be sent with the suggestion before the Chancellor or Keeper of the great Seal Treasurer and the great Councel there to finde

souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt ●● And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conserva●●ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this

stile to be given to the House of Commons single was accounted an abominable wickednesse in the eye of the chiefest of them Yea I also know the time and am able sufficiently to justifie and prove it that they were absolutely resolved and determined to pull up this their own Parliament by the roots and not so much as to leave a shadow of it frequently then calling it a MOCK-POWER and a MOCK-PARLIAMENT yea and had done it if we and some in the House of our then friends had not been the principall instruments to hinder them we judging it then of two evils the least to chuse rather to be governed by the shadow of a Parliament till we could get a reall and true one which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect then simply solely and onely by the wil● of Sword-men whom we had already found to be men of no very tender consciences But to me it is no wonder that they own this for the supreme Power seeing they have totally in Law Reason and Justice broke the Parliament and absolutely by the hands of Tho. Pride set up indeed a MOCK-POWER and a MOCK-PARLIAMENT by p●rgi●g 〈◊〉 all those 〈◊〉 they 〈…〉 way jeolous of would not vote as they would have them and suffering and 〈◊〉 none to sit but for the major part of the● a company of absolute School boys the will like good boyes say their lessons after them their Lords and Masters and 〈◊〉 they would have them and so be a screen as yong H. Vane used to call the King betwixt them and the p●ople with the name of Parliament and the 〈◊〉 and imperfect image of legal and just Authority to pick their pockets for the● by Assessments and l●x●●ions and by their arbitrary and tyrannicall Courts 〈◊〉 Committees the best of which is now ●ecome a perfect Star chamber High-Commission and Councel board 〈◊〉 them their perfect slaves and 〈◊〉 their constant and co●tinuall breaking and abasing of their spirits a thing so much complained of against the E●rl of Strafford by the late Parliament 〈◊〉 his tryal especially in M. Pym's notable Speech against him pag. 7 as it is printed 1641 at ●he lat●r end o● a book called Speeches and Passages where speaking against Oppression and the exercise of a tyrannicall and arbitrary pow●● the Earl of St●afford sins which now are become more the great mens of the Army ●e saith It is inconfistent with the peace the wealth the prosperity of a Nation it is destructive to Justice the mother of peace to Inductry the spring of wealth ●● Valour which is the active vertue whereby the prosperity of a Nation can 〈◊〉 be procured confirmed and inlarged It is not only ape to take away Peace and so intangle the Nation with Wars 〈◊〉 doth corrupt Peace and puts such amalignitie into it as produceth the effects of War as he there instanceth in the Earl of Straffords Government And as for Industry and Valour Who will take pains for that saith he which when he 〈◊〉 gotten is not his own or who will fight for that wherein he hath no other int●●est but such as is subject to the will of another The ancient incouragement to 〈◊〉 that were to defend their Countries was this That they were to hazard their persons pro aris socis for their Religion and for their houses But by this arbitrary way which was practised by the Earl in Ireland and counselled here ●● man had any certainty either of Religion or of his House or any thing else to be his own But besides this such arbitrary courses have an ill operation upon the courage of a Nation by IMBASING THE HEARTS OF THE PEOPLE A servile condition doth for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pill●ry and such SERVILE engines as were frequently used by the Earl of Strafford they may have the dregs of valour sullenness and stubbornness which may make them prone to mutinies and discontents But th●se nobie and gallant affections which put men on ●rave designes and attempts for the preservation or inlargement of a Kingdom they are hardly capable of Shall it be treason to embase the Kings coin though but a piece of Twelve-pence or Six-pence and must it ●● needs be the effect of a greater ●reason to EMBASE THE SPIRITS of his Subjects and to set a stamp and CHARACTER OF SERVITUDE upon them when by it they shall be disabled to doe any thing for the service of the King or Common wealth O most excellent and transcendent saying worthy to be writ in a ●able of gold in every Englishmans house But Sir I say No wonder all the things foregoing rightly 〈◊〉 〈◊〉 ●● own you now as Thom●● Pride hath made you for the 〈…〉 of the Nation although before they would neither submit to the Kings not the Parliament when it was a thousand times more unquestionably 〈◊〉 Law and Reason then now you are but fought against both King and Parliament their setters up conquered them repelled them subdued them and broke them both and so pull'd up by the roots all the legall and visible Magistracy and Authority in the Nation and thereby left none but themselves who stand in parallell to none as they have manage ● their businesse but to a company of murderers theeves and robbers who may justly be dispossessed by the first force that are able to do it as Mr. Py● undenyably and fully proves in the foresaid Speech pag. 3. 9. 11. no pretended Authority that they of themselves and by their swords can set up having in the sight of God or man either in Law or Reason any more just Authority in them then so many Argier Pirats and Robbers upon the Sea have And so much in answer at present to the forementioned part of the Generals Declaration But now to return back after this necessary Digression to my own S●●●y of going down into the North where c. I received of my 3000 l. allotted me for my hard suffered for deer purchased and long expected Reparations 400 l. of Sir Arthur Hasterig for sequestred Coles and Iron of Mr. Bowes's and got besides betwixt 100 and 200 l. in Rents Free-quarter and Taxes having eat out the bowels soul and life of them being served in the wood allotted me the principall thing in my e●e by old Sir Henry Van● my old blo●dy enemy as is in part declared before in page 15 and 16. who hath Treason and crimes enough upon him not onely to throw him out of the House if it were any but also to send him to a Sca●●old or Gallows as is very notably declared in print in England's Birth right pag. 19. 20. 21. in which pages you may read his Charge of High Treason exhibited against him to the Earl of Ess●x in anno 1643. by severall Gentlemen of the County of Darham for

ordinary way and meerly wants nothing if it do want but twelve Kings as his Peer● or Equals will nourish and increase in men that erroneous conce●● That Mag●●●rates by the Law of God Nature and Reason are not no nor ought not to be subject to the penal part of the Laws of men as well as the directive part of it which is the bane ruine and destruction of all the Common-wealths in the world I say the confideration of the things fore-mentioned put me off the thought● of going to Holland my self and then I put the query to my self What course I should being now a free man take for my livelihood for if I and my family lived upon the main stock which was not very much now that I had paid almost all my debts that would soon waste and be gone and to take a place for my future livelihood as I have been offered often and that ●● considerable one that I could not do for these reasons First because I was not satisfied in the present power or Authority to act under them and so if I should I should be a supporter of so unj●st and illegal a fabrick as I judged an everlasting Parliament p●rged twice by force of Arms by the hands of their meer mercenary servants to be who were principally raised bired and paid to kil those they esteemed and judged Bears Wolves 〈◊〉 and P●●kass that took up Arms against the true chast and legally co●●●●tu●ed Representative of the Nation being not in the least bir●● or raised to be the Masters of their Masters or the Lawgivers to the legal Law ●●kers of the Nation in case of necessity And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation I 〈◊〉 prove first by Law and secondly by Reason And first by Law The Law Books do shew That a Parliament which in its own institution is excellent good physick but never was intended no● safely can be used for diet because it is so unlimited and arbitrary was called and held somtimes twice a yeer before the Conquest as is declared by Lambert in his Collection of Laws before the Conquest amongst the Laws of Edgar chap. ● and by Sir Edward Cook in his margent in the ninth page of his par 4. Inst●● in the Cha●t of High Court of Parliament which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor although he three severall times took his oath after his being owned for King to maintain their Laws and Liberties as being not able nor judging his Conquest so good just and secure a Plea to hold his new got Crown by as an after mutuall compact with the people or their Representatives over whom he was to rule and therefore as Co●k in the foresaid Chapt. pag. 12. declares a Parliament o● a kinde of one was held in his time See also 21 Edw. 3 fol 60. and 1 part Institut lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time yea even to be 〈◊〉 in two years in Edward the First or Second's time at which notwithstanding the people grumbled as being an abridgment of their ancient and undoubted Libertie to meet more frequently in their National and publick assemblies to treat and conclude of things for their weal and better being the want of which of ancient time lost this Island to the Romans as Co●k declares 4 part 〈◊〉 fol. 9. out of Ta●itus in the Life of Agricola pag. 306. whereupon it was ●nacted in full Parliament in Edw. the Thirds time That the King who is their Officer of trust should assemble and call them together once every yeer or more often if need require as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament which was a diminution of the soul and life of all their Liberties viz frequent and often 〈◊〉 Parliaments therefore in the 36 yeer of his Reign annuall Parliaments are provided for again and also the causes of their assembling declared in these very words Item For maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which daily happen a Parliament shall be holden every yeer as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust in the frequent calling of Parliaments and dissolving them at his pleasure when they came to treat of any thing that he liked not and so made them uselesse to the Nation both which was against his trust as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 702. And of which you most bitterly complain in your first Remonstrance 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare That his destroying of these two grand Fr●●d●ms of the People viz. Frequent successive Parliaments and free D●●a●es therein bad corrupted and distempered the whole frame and Government of the King●●● and brought in nothing but wayes of destruction and Tyranny For the preventing of which for the future you got an Act to passe in the s●xte●●th yeer of the late King and the first yeer of this long-winded Parliament to 〈…〉 of the two forementioned Acts for an annuall Parliament And further there say thus And whereas it is by experience found that the not holding of Parliaments according to the two forementioned Acts hath produced sundry and great mischiefs and inconveniences to the Kings Majesty the Church and Common-wealth For the prevention of the like mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said LAST FOREMENTIONED Laws and Statutes be from henceforth duely kept and observed And you there go on and enact that in case the King perform not this part of his trust in calling annuall Parliaments that then a Trienniall one shall be CALLED BY THE LORD KEEPER c. whether the King will or no. And there being no provision in this Act but that the King might break up this Parliament at his pleasure as before he used to do and so dis-inable you to discharge your trust and duty to the people in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation that the long intermission of Parliaments had occasioned you therefore presse the King to grant an Act that the two Houses might not be dissolved but by your own consents which the King condescended unto the rather because the Scotch Army was then in the Kingdom which he longed to be rid of and which you pretended you could not pay without such an Act these being the true declared and intended

all the parts of the Act for the avoyding of the 〈…〉 absurdity that might follow received a particular interpretation is 〈…〉 ●●●ks in cases of far lesse inconvenience and absurdity Plo. Com. in Stowels Case fol. 369. The Preamble is to be 〈…〉 it is the key to open the meaning of the makers of the Act and mischief 〈…〉 intend to remedy The Judges of the Law have ever in such sor● 〈◊〉 the intents of the meaning of the makers of such Acts of Parliament as they 〈◊〉 ●●pounded Acts g●nerall in words to be particular where the intent 〈◊〉 been 〈◊〉 Which are the words of the Book And therefore upon that rule i● is there adjudged That where the Statute of 7. Edw. 6. i● generall IF ANY RECEIVER OR MINISTER ACCOVNTANT c RECEIVE O● ANY PERSON ANY SVM OF MONEY FOR PAYMENT O● ANY FEES c. HE SHALL FORFEIT vis viii d. FOR EVERY PENNY That this do not extend according to the generality of the words to the Receiver of common persons because these words subsequent be added otherwise 〈◊〉 be lawfully may by former Laws and Statutes Now the Judges restr●ined the generality to a particular to the Kings Receiver onely for that no Law ●●●●tute was formerly made concerning common persons Receivers c. But i● the Case in question as well the precedent clause of Restitution as the 〈…〉 expressing offences in particular and the words in the same generall sentence viz. VNDER YOUR HIGHNESSE c. and principally the cause of the 〈◊〉 of this Act do qualifie the generality of the words And yet notwithstanding ●● was resolved by all the Court in the said case of Stradling fol. ●0● 〈…〉 Receiver of common persons were within the words of the said 〈…〉 it is said that if a man consider in what point the mischief was before the 〈◊〉 and what thing the Parliament meant to redresse by this be shall 〈…〉 intent of the Makers of the Act was to punish onely the Ministers of the King 〈◊〉 a little after the Judges say That the stile of this Act is AN ACT FOR 〈◊〉 TRUE ANSWER OF THE KINGS REVENUES And by this 〈◊〉 intent of the makers of the Act is to be collected and these be the words of the 〈◊〉 which is a far stronger case then the case in question 4 Ed. 4. fol. 4. 12. Every Statute ought to be expounded according 〈◊〉 intent of them that made it where the words thereof are doubtfull and 〈◊〉 and according to the rehearsall of the Statute and there a generall Stat●●● 〈◊〉 strued particularly upon consideration had of the cause of making of the Act 〈◊〉 the rehearsall of all the parts of the Act. To conclude this point with a generall R●le allowed by all Laws 〈◊〉 ●●struction of Statutes viz. Although the Law speak in generall terms 〈…〉 ●o be bound up or accepted That WHERE REASON CEAS●TH TH●●● TH● LAW CEASETH FOR SEEING REASON IS THE VERY LIFE AND SPIRIT OF THE 〈◊〉 IT SELF the Law giver is not to be esteemed to respect th●● which 〈…〉 Reason although the generality of the words at the first sight or after the 〈…〉 otherwise Mark I intreat you these last words well for they are 〈◊〉 and full And much more i● there to this purpose for he is 〈…〉 said Statute of 1 Eliz. 1. And that this equitable and intentionall 〈◊〉 of expounding Laws in dubious eases or where absurdities or mischiefs do depend upon the taking of it in the litteral sens● is justifi●ble legall and good is unquestinably demonstrated out of your own 1 part Book Dec. pag ●50 〈◊〉 these very weeds viz. That there is in the Laws an equitable and literall sense His Majestie ●et it he granted ●● intrusted by Law with the Militia but 't is for the good and preservation of the Republique against forraign Invasions and domestick Rebellions For it cannot be supposed that the Parliament would ever by Law intrust the Militia against themselves or the Common-wealth that intrusts them to provide for their WEALE NOT FOR THEIR WOE So 〈◊〉 when there is certain appearance or grounded suspicion that the letter of the Law shall be improved against the equity of it that is the publick good whether of the body reall or representative then the commander going against its equity gives liberty to the commanded to refuse obedience to the letter For the Law taken abstract from its originall reason and end i● made a shell without a kernell a shadow without a substance and a body without a soul ●t is the execution of Laws according to their equity and reason which as I may say is the spirit that giveth life to Authority the letter kils Nor need this equity be expressed in the Law being so naturally implyed and supposed in all Laws that are not meerly Imperiall from that analogie which all Bodies politick hold with the naturall whence all Government and Governours borrow a propo●●ionall respect And therefore when the Militia of an Army is committed to the Generall it is not with any express condition that he shall not turn the ●outhes of his Canons against his own souldiers for that is so naturally and necessarily implyed that its needlesse to be expressed insomuch a● if be did attempt or command such a thing against the nature of his trust and place it did 〈◊〉 facto estate the Army in a right of disobedience except we think that obedience binds 〈◊〉 to cut their own throats or at least their companions Yea the very title of the Act in hand literally declares it was never intended to be perpetuall no nor to extend to so long a time as to be mi●chievous to the Common-wealth by subduing the SOUL of all our Liberties frequent 〈…〉 Parliaments 〈◊〉 wholly and 〈…〉 for it is called An Act●o prevent inconvenientes which may happen by the 〈◊〉 adjour●i●g 〈◊〉 or d●sso●●ing of this present Parliament Mark● the words well and it puts all out of dispute that th●● Act was ●at meerly done to tie the Kings hands for a certain reasonable time that so it should not be dissolved u●timely and the Title declares it was made to avoid Inconveniences and therefore 〈◊〉 to beget and increase them which it must needs do as is already fully proved if it 〈◊〉 frequent successive 〈◊〉 Parliaments But yet once again more fuller Reason and Nature it self sai●● yea and the Law of England saith That when 〈◊〉 Act of Parliament is against 〈◊〉 Right or Reason or 〈◊〉 or impossible to be performed or kept the common Law shall 〈◊〉 it and adjudge this Act to be void they are the words of the Law 1 pars Dr. Bo●●am's Case fol. 118. 8. Ed. 3. fol. 3. 30. 33. E. cess●vil 3● 27. H. G. 〈◊〉 41 1 Eliz. Dier 313. 1 part Cooks Institutes lib. 3. chap. 11. ● 209. fol. 140. 2. An Act of Parliament that a man shall be a Judge in his own case is a void Act in Law Hubbert fol. 120.