Selected quad for the lemma: act_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
act_n continue_v parliament_n session_n 2,943 5 10.7773 5 false
View all documents for the selected quad

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

There are 3 snippets containing the selected quad. | View lemmatised text

the third the usurper and by reason of the extraordinary many troubles of his reign and the ignorant Regal time in which he lived considered he had a thousand times more grounds to be arbitrary and discretionary in his proceedings with the people of England then the late decapitated Parliament had yet he summoned a free Parliament who sate peaceably and quietly without the force or purging of souldiers and after that several Juries at Assizes and Sessions by corruption and savour had refused to finde persons that were judicially proved guilty before them of breach of penal laws as in full and free Parliament by King Lords and Commons is avowedly declared an Act of Parliament recorded in the fourth part of Cooks Institutes fol. 40. 41. in the 11. of Hen. 7. chap. 3. was passed by King Lords and Commons in full and free Parliament to enable the Justices of Assize in open Sessions to be holden before them and the Justices of the Peace in each County in England upon information for the King before them to be made to have full power and authority by their discretion without tryals by Juries to hear and determine all offences and contempts committed against penal laws in all which arbitrary or discretional proceedings murther treason and felony was excepted out of their cognizance or jurisdiction as also all other offences whereby any person should lose life or member or lands goods or chattels to the party complaining By pretext of which Statute saith the Lord Cook in his last recited folio Empson and Dudley privy Councellors and Justices of Peace to Henry the seventh did commit upon the subject insufferable pressures and oppressions which yet at the highest was but the taking away some small part of the persons estates from them that they condemned And therefore this Statute was justly soon after the decease of Henry the seventh repealed at the next Parliament after his decease by the Statute of the 1 Hen. 8. cha 6. A good caveat saith he to Parliaments to leave all causes to be measured by the golden and streight met-wand of the law and not to the uncertaine and crooked cord of disrcetion for it is not almost credible to foresee saith he when any maxime or fundamental law of this realm is altered as elsewhere in the fourth part of Lord Cooks Reports hath been observed what dangerous inconveniences do follow which most expresly appeareth by this most unjust and strange Act of 11 H. 7. for hereby not only Empson and Dudley themselves but such Justices of Peace corrupt men as they caused to be authorized committed most grievous and heavy oppressions and exactions grinding the face of the poor subjects by penal laws be they never so obsolete or unfit for the time by information onely without any presentment or trial by Jury being the ancient birthright of the subject but to hear and determine the same by their discretion inflicting such penalty as the Statutes not repealed imposed these and other like actions and oppressions by or by the means of Empson and Dudley and their instruments brought infinite treasures to the Kings Coffers whereof the K●ng himself in the end with great grief and compunction repenced as in another place we have observed This Statute of 11. H. 7. We have recited and shewed the just inconveniences thereof to the end that the l●ke should never hereafter be attempted in any court of Parl●ament and that others might avoid the fearful end of those two time-servers Emp●on and Dudley Qui corum v●stigia insistant corum exitus per●o● rescan that is those that follow their footsteps may fear the same destruction that they had whose end in the third part of the Institutes fol. 208. and the fourth part fol. 198 199. may be seen was severally to be Indicted at common law whose Indictments is there to be read and convicted and executed as traitors for subvert●ng the fundamental laws and liberties of England viz. trials by Juries which the Conquest of the Rom●n● Saxons D●n●● or Normans could never blot out of the Kalender of English mens fundamental liberties but hath from time to time with the infinite hazards of their lives bloods been preserved as the choicest of their Jewels and as one of their chiefest fundamental rights of whom the said L. Cook in his exposition of the 29 Ch. of Magn● Charta in his 2 part Instit fol. 51. upon the words of lex terrae or the law of the land where he plentifully shews that no Englishman whatsoever ought for any Crime whatsoever in any Court whatsoever by any power or authority whatsoever to be tryed but by juries and due process of law as is before shewed expresly saith yet against the ancient fundamental las● in the face thereof I finde an Act of Parliament made saith he that as well justices of Assize as Justices of Peace without any finding or presen●ment by the Verdict of twelve men upon a bare information for the King before them made should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the forme ordinance and effect of any Statute made and not repeal●d c. by colour of which Act shaking this fundamental law it is not cred●ble what horrible oppressions and exaction to the undoing infinite numbers of people were committed by Sir Richard Empson knight and Edmund Dudley being Justices of the Peace throughout England upon this unjust and injurious Act as commonly in like cases ●t falleth out a new office was erected and they made masters of the Kings forfeitures But at the Parliament holden ●n the first yeer of Henry the eighth This Act of the 11. of H●nry the seventh is rejected and made void and repeater and the reason thereof is yeelded for that by force of the said act it was manifestly ●nown that many sinister and crafty feigned forged informations had been pursued aga●nst divers of the K●ngs subjects to their great damage and wrong●ul vexations and ill success hereo● and the fearful ends of the two oppressors should deter others from c●m●●tt●ng the l●ke and should admonish Parliaments that in stead of the ordinary and precious trial per legem terrae by the law of the land they bring not in absolute an partial trial by discretion And in the fourth part of his Institutes folio 37. he expresly saith That he findes an Attainder by Parliament of a subject viz. Thomas Cromwel then Earle of Essex of high treason who was committed to the Tower and thereby forth coming to be heard and yet was never called to answer in any of the Houses of Parliament Of the manner of which proceedings he thus saith Aus●●a 〈◊〉 si potest si non ut cunque silontiam legat That is let the Parl●aments crime be buried in oblivion if it be possible and if not nevertheless yet let it give place to silence for the present for saith he 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
pleasures of some men ruling meerly according to will and power And therein pag. 43. they declared it is their earnest desire that some determinate period of time may be set for the countinuance of this and future Parliaments beyond which none shall continue and upon which new Writs may of course issue out and new Elections successively take place according to the intent of the Bil for triennial Parliaments which Bill or Act being one of the first Laws past by the late Parliament in the year 1640. Expresly by name in divers places of it declares it is the undoubted right of the Freeholders Citizens and other Free-borne persons of England to elect such persons as they please for their Representors in the Parliament or Common counsel of the Nation as at large appears by the Act it self reference thereunto being had Unto which the prisoner at the Bar for further confirmation referreth himself and in his and the Officers of the Armies large Declaration for tryal of the late King dated at St. Albons November 1948. they in page 14. 15. thus declare themselves that the sum of the publique interest of the Nation in relation to common right and freedom which they there a vow to be the chief subject of their contest with the King and in opposition to tyranny and injustice of Kings or others they judge to lye First that all matters of supream trust or concernment to the safety and welfare of the whole they have a common and supreme counsel of Parliament and that as to he common behalf who cannot all meet together themselves to consist of Deputies or Representors freely chosen by them with as much equality as may be and after in that Remonstrance they have made large Declarations of divers things for the good of the people of England in pag. 65. they desired that the Parliament would set some reasonable and certain period to their power and sitting by which time say they That great and supream trust reposed in you shall be returned in●o the hands of the people from and for whom you received it that so you may give them satisfaction and assurance that what you have contended for against the King for which they have been put to so much trouble cost and loss of blood hath been onely for their liberties and common interest and not for your owne personal interest And in the next page being pag. 66. they vehemently press for the equal distribution of elections thereunto to render the house of Commons as near as may be an equal Representative of the whole people electing and they there also press for the establishing a certainty for the peoples meeting to elect and for their full freedome in election provided that none who have engaged or shall engage in war against the right of Parliament and interest of the kingdome therein or have adhered to the enemies thereof may be capable of electing or being elected at least during a competent number of years nor any other who shall oppose or not joyne in agreement to this settlement and in the next pag. being 67. In their first head they desire liberty of entring dissents in the said Representatives that in case of corruption or abuse in these matters of highest trust the people may be in capacity to know who are free thereof and who guilty to the end onely the people may avoid the future trusting of such and sutable to these heads and others of publique freedome there laid downe the said General Cromwel and the rest of his Officers concluded upon a plat-form of Government for the securing the future liberties and freedomes of the people in all the aforesaid concernments and intituled it An Agreement prepared for the people of England and the places there incorporated which was with seriousness presented by Lieut. General Hamond Col. Okey and other Officers of the Army to the Parliament upon the 20 of January 1649. as the sum of all they had been fighting for and all that which they desired to establish for the future good of the Nation as more at large doth appear by the printed Model of the said agreement reference thereunto being had and unto which for further satisfaction the prisoner at the Bar refers himself And in the Generals last Declaration of April 22 last p. 6. there he declares it his earnest desire to reform the Law and administer justice impartially hoping thereby the people might forget Monarchy and understanding their true interest in the election of successive Parliaments may have the Government setled upon a true Basis And the prisoner at the Bar for further plea saith That he cannot see or apprehend how the said Lord General or Major-General Harison can if they continue and persevere as they have begun to execute the said unjust and injurious Act of Parliament upon the said John Lilburn prisoner at the Bar which is one of the most wicked and unjust that ever the Parliament in their lives made and one of the highest and most notorious acts of their breach of trust that ever they committed as is before fully proved can in the least either before God or man acquit themselves of being guilty of the highest Treasons both by the letter and equity of the two fore-mentioned Laws of the 14 of May and the 17 of June 1649. lately made in part by themselves but principally by their instigators in forcibly dissolving the late Parliament against their own voluntary wills and consents or how they can acquit themselves in the least in the eyes of all the understanding people in England to be justly esteemed guilty of plucking up the Parliament by the roots not in the least for evil oppression injustice or breach of trust they had committed against the Nation or honest people thereof that never yet in the least upon their own principles forfeited their Liberties and Freedoms but onely because they would destroy the Parliament to have the power in their own hands thereby to dispose of all the lives liberties and proprieties of all the people of England by then absolute wills and pleasures and to deal worse and in arbitrarily with the honest inhabitants thereof then any Conqueror that every ●n before them did although themselves against the late King have in The K●ng Cas● stated p. 22. by John Cook their own Atturney-General publikely declared That Conquest is a Title o● Government fit to be exercised amongst Bears and Wolves but gol●●n 〈◊〉 least among men And for any to aver us in England to be a conquered Nation is not onely expresly against the tenour of the Armies many and remarkable Declarations but it is such an averment then which there can be none more pregnant and fruitful in Treason then it as Mr. John ●ym in his learned and rational printed Argument by the special Order of the House of Commons the 29 of April 1641. against the Earl of Strafford avers And further in pag. 6. saith There are few Nations in the world that