Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	day_n	parliament_n	session_n	3,425	5	10.6408	5	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

of Parliament fol. 27. authorised to be printed by th● late Parliament in its purest purity for good Law Thirdly In Law there is no Session in a pr●●●gation or 〈…〉 the Parliament they are the words of Cook himself fol. 27. ibid. Fourthly This Parliament as appears by the Act for not dissolving 〈◊〉 of before mentioned cannot be prorogued by the King but by Act of Parliament but there hath been as yet no Act of Parliament in that behalf and therefore all the Acts of this Parliament are in law Acts of one Session 〈◊〉 pears by Plo●d Com. 33. H. 8. B ● relation 3● 〈◊〉 Parl. ●6 Di●● 1. 〈◊〉 8● Fifthly In Law all Acts of one Session relate to the first day of the Parliament and all the Acts of such a Parliament are Act of one day so the 〈◊〉 for the Triennial and the Act for this perpetual Parliament are two Acts of one day by the Law Sixthly the 4 Edw. 3. chap. 14. 36. Edw 3. chap. 10. forementioned 〈◊〉 cla●es that a Parliament ought to be holden once every year and mo●● 〈◊〉 need be those very Acts are every clause of them confirmed this Parliament which also provides that in case the King break those Laws and do not annually call Parliaments as is before declared that then the Lord Keeper whether he will or no shall call a triennial one Now I would fain know of any ●●●ional man How an everlasting Parliament doth agree with a Parliament 〈◊〉 yeer o● oftner if need require or with the intention of those Laws And 〈◊〉 doth a Parliament every three years provided for as sure as its possible for Law to provide in case the King annually should not cal one agree with a Parliament for ever which may be by the letter of the perpetual Act 〈◊〉 the two Houses please The conclusion of all is this that at one day in law the late Parliament passed two Acts for howbeit the one was in the 16 of the King and the other in the 17 year of the King yet both in law are Acts of one 〈◊〉 the one saith the King shall call a Parliament once a year after the sitting of this Parliament and in case he doth not the Lord Keeper c. shall 〈◊〉 Parliament three years after the sitting of this Parliament The other 〈◊〉 in the letter or litterall construction of it saith this Parliament shall 〈…〉 ever if the two Houses please The one will have a Parliament with an 〈◊〉 the other a Parliament without an end Now the question is which of these two was the true intent and meaning of the Makers of this Act for as L●●●ned Cook rationally and well observes in his excellent exposition of the 1 Eli● chap. 1. 4. part Institut fol 328. which Act established the power of the High-Commission that by colour of this Statute did many 〈…〉 illegall things such an interpretation of ambiguous and doubtfull things is 〈…〉 be made that absurdities and inconventences may be avoyded but the highest ●●●●dities and inconveniences in the world would follow if this last S●ar●●● 〈◊〉 be taken according to the literall construction of it and not according to the equity and true intent and meaning of the makers of it which was not to 〈◊〉 this everlasting if they pleased and so totally to destroy annuall Parliament or in the Kings default of calling them then trienniall Parliaments whether he would or no but only to secure them from the Kings sudden bre●●●● them up at his pleasure that so they might sit some reasonable short 〈…〉 dispatch the great business of the Nation and that reasonable time 〈◊〉 by any words or the true meaning of any in either of the Statutes 〈…〉 〈◊〉 to be above 〈◊〉 at most especially from the 〈◊〉 of the 〈…〉 in the right and true meaning notwithstanding the last Act were y●● 〈◊〉 in force to binde the King to call Annuall Parliaments but two Parliaments by Law cannot sit together but without two Parliaments should sit together viz. An everlasting one and an an●●●ll one which is our right by Law 〈…〉 enjoy the benefit of those good and excellent Laws for Annuall Parliaments or oftner if need require And therefore to take the utmost extent of the length of that time the two Houses were enabled to sit by vertue of the force and power of the last Act it could not be above a year at most from the day of the date of it and yet they have sate almost eight since by vertue and colour of that alone and of nothing else in law having no other visible Commission under the Sun to authorise them to destroy our undoubted naturall and legal Rights of having often and frequent successive Parliaments totally new which they have done by their long and unwarrantable sitting principally to enrich the most of themselves and enslave our spirits And that an everlasting Parliament was never intended by that Act I think their own words printed in December 1641. which was immediately after the passing that Act will easily decide the controversie And in their or your first Remonstrance of the state of the Kingdom after excusing of your selves from any invasion of the rights of the Crowne 1 Part. Book Declar. pag. 1● 17. there is these very expression viz. The trienniall Parliament for the matter of it doth not extend to so much as by law we ought to have required there being two Statutes still in force for a Parliament to be once a year And for the manner of it viz. THE TRYENNIALL PARLIAMENT it is in the Kings power that it shall never take effect 〈…〉 by a timely summons shall prevent any other way of assembling In the 〈◊〉 for continuance of this present Parliament there seems to be 〈…〉 of reall power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for THIS TIME AND OCCASION ONLY which was not necessary for the Kings own security and the publique peace that 〈◊〉 it we could not have undertaken any of these great charges two must have left both the Armies to disorder and confusion and the whole Kingdom to 〈◊〉 and ●apine Which words are a 〈◊〉 and 〈…〉 That the 〈◊〉 of the makers of the fore●●id Act was never to make this a perpetuall Parliament but onely for 〈…〉 the King 's sudden breaking them up when he pleased whose 〈…〉 from by this Act which thing onely is and was the clear meaning of the makers of it And that the generall words of a Law or the literal sense of 〈…〉 ●●ld forth absurdities and inconveniences and visible mischiefs a●● 〈◊〉 by interpreted and controuled by the intent of them that made it is clear from their own Oracle Sir Edw. Cook who in his exposition of the 〈…〉 of 1 Eliz. chapt 1. in his 4 part 〈…〉 N●w that divers and many other Acts of Parliament BESIDES THIS OF ELIZ. which are generall in words have upon consideration of the mischief and

causes of it both in King and Parliament There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament which was never so much as intended nor pretended and which if in the Act it had been absolutely declared it had been a void and a null Act in it self as being both against the nature of the Kings trust and Yours which as in your Book of Decl. part 1. pag. 150. you declare is to provide for the peoples weal but not for their woe for their better being but not for their worse being For your Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration against the late beheaded King and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others and cannot nor ought not to be imployed to their own particular nor to any other use saving that onely for which they are intended according to the condition and true intent thereof 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation which is the principall or onely end of all Government in the Nation as you confesse in your foresaid Declaration of March 17 pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore if you had put the King upon such an Act as the establishing of a perpetuall Parliament you had thereby destroyed frequent successive and annually chosen Parliaments for which you had been T●aytors in the highest nature to your trust in destroying the very PILLARS LIFE MARROW and SOUL OF ALL THE PEOPLES LIBERTIES for the presentation of which they chose you and which would shortly bring in as is too evident ●● this day greater disorders confusions and tyrannies then ever were in all the Kings Reign before and so wholly and fully make your selves guilty of that which he was but in part viz. the establishing of a perfect Tyranny by Law an everlasting Parliament being ten thousand times worse then no Parliament at all for no such slavery under the cope of heaven as that which is brought upon the people by pretence of Law and their own vol●●tary 〈◊〉 and no greater Treason can there be in the world committed then for ●● i●teressed Power to keep their Commission longer then by the letter equitie or intention of their Commissions their Masters really intended they should especially when it is kept by force of Arms to the Masters hurt and the danger of his total destruction for the meer advancement of their servants and their Associates all which is the case of your pretended Parliament whereof you are now Speaker and that you were never intended to sit so long as you have done nor to be everlasting I shall here recite the Act it self ●●●batim the onely and alone pretence of a Commission you have and then take it in pieces by paraphrasing upon it The Act it self thus followeth Anno XVII CAROLI Regis An ACT to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present PARLIAMENT WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm and for the preventing the imminent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raising the said moneys which credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of his Majesties loyall Subjects that this present Parliament may be adjourned prorogued or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS publick Grievances redressed a firm Peace betwixt the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Co●●●●● in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it declared and enacted by the King our Soveraig● Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof pr●rogued or adjourned unlesse it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order and that all and every thing or things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect The true intent and meaning of this Act in the Framers Makers and Contrivers of it was meerly to secure their sitting for some reasonable time that so they might be able to apply fit plasters to the great sores of the Nation and not be broken up suddenly before they had applyed them to the so●es and laid them on and their fear was the King would as he used to do dissolve them suddenly security from which was their onely end in procuring this Act and not in the least to make this a perpe●uall Parliament which I demonstrate thus First A perpetual Parliament is repugn●nt to the Act made this Parliament for a Triennial Parliament which in your Declarations is so highly extolled after the making of both the Acts for how can every three yeers a Parliament be begun if this be perpetuall which by the Act may be so if the two Houses please But in all the Act there is not one word of the an●i●ilating or repealing of the Act for a T●ienn●all Parliament which if it had been intended it would have mentioned and not left such a businesse of consequence in any doubtfulnesse whatsoever and the not mentioning of it is a cleer declaration to all the Readers of it That their designe solely in the last Act was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure And therefore Secondly In Law according to the constitution of ou● Parliaments an Adjournment of the Parliament makes no Session howbeit before the Adjournment the King gives his affent to some Bi●s as is plain out of Cook● 4 Instit chap. High Court

and the ● part Cooks Reports in Dr. Bo●hams case See the Army Book Declarat pag. 35. ●9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men ar● should not pay their debts Or that if any Member of ●●●liament do any of the People of England w●ong as daily they do by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d or disp●ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and s●●●red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 ●●ltitudes of persons besides that are their servants or attendants and also that any o● all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such trans●●de●● and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have ●o do with Parliament men as appears expresly by the Statute of Limitations of the a● of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any ma● i●ployed in the service of the Kingdom but for a yeer at most as to be free from Sui●s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may pi●k and chuse whom they please to ruinate and destroy and that no● for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a● 〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg● 〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against ●●●●pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cer●ai●ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Imp●ssibilitie The death of th● King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetu●ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parli●●●●● 〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the T●ie●●●ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possibl● for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Se● 2 H. 5. Cook in Parl. 3. part 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 Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament st●led the head the begi●●ing and end of Parli●ments See Co●ks 4 part Institutes fol. 1. 3. Mr. Py●●'s for 〈…〉 Stra●●ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in l●w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is pos●●ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please a● for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the d●●e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law an● Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maxim● in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please 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 obviou● to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be

Kingdom into the originall law of Nature and leave every man to judge within his own brest what is just and righteous and thereby 〈◊〉 me whether I will or no to do that in reference to you which you in your great straits did in reference to the King viz. Appeal to the righ●●● Judge of all the would and the judgment of the people to decide the controversie betwixt you as appears in your own Declarations 1. part Book Doc. p. 192 196 214. 263. 278. 464 491 495. 496 498. 629. 636. 666. 690. 639. 701. 908. and if I perish I perish For what greater tyranny can there be in the world ●● what greater straits can a man be put to then to delayed justice which is worse than to be denyed for above seven yeers together by those that have raised a bloudy war and pretended for justice and then after I have spent above 1000 li. in endeavouring to obtain Justice and my own at your 〈◊〉 and after I have served you faithfully and adventured my life in the field for you and undergone multitudes of other hardships and hazzards at 〈◊〉 for you and carried my self in all my actions towards you unspotted and that upon you own declared principles and after all this to be toss'd and tumbled by you from Gaol to Gaol year after year for nothing but my honesty and can come to no legall tryall although I have endeavoured it with all my might and to have by you thousands of pounds of my own kept from me and not a penny in all my captivitie allowed me to live upon but in the eye of reason exposed to famish and sterve or to eat my Wife and Children O monstrous and unnaturall cruelty which I will maintain upon my life it not to be parallell'd in all Queen Marie's dayes nor in the worst of King Charles his Reign So my Lord I have done with my PLEA and take leave to remain a true hearted Englishman JOHN LILBURN NOw Master Speaker having finished my Plea to the Committee of Indemnity I must acquaint you that I brought it to the said Committee with whom I had some verball expostulations after which I began to open my Plea having it fair writ in my hand which the Committee no sooner saw but presently they left me according to my desire to the ordinary course of the Law where I was necessitated at present to cease prosecution of Woll●ston because I was continually in expectation of my Liberty from the Lords and therefore judged it but wisdom in me not to provoke them and also for perfecting of my Ordinance for my long sought dear bought and hard suffered for reparatious from old Sir H. Vane and the rest of my cruel Star-Chamber Judges which Ordinance with much adoe was as last concluded though to little purpose as before truly is noted in p. 15 16. And for my Liberty I was chiefly beholding for that to my friends in London who in seven dayes got eight or nine thousand hands to a Petition for me in the day of your straits by the Cavaleers and presented it to your House which my true friend and faithfull and couragious fellow sufferer Sir Iohn Maynard took the advantage of and improved the utmost of his interest and thereby became principally instrumentall both in your House and in the House of Lords for my Liberty then unto whom I must and do returne the chiefest thanks for it But now Sir seeing my life for nothing but my honesty and because I will not be a slave to mens lusts is so strongly sought for to be taken away by those that have made the largest pretences and promises that can be made in the world to deliver this Nation from thraldom bondage vassallage and slavery and seeing they are such painted Sepulchers that they are like to cozen all the honest men in England with religious cheaters such as Master Edmond Rozer with whom as teacher to the Congregation where I was a Member I walked many yeares in fellowship and Master William Kiffin who was once my servant and unto both whom the indearedest of my affections run out unto to either of which I never gave a provocation to nor wronged in all my dayes to my knowledge neither of which although the first of them and I have been familiar together for almost twenty years I am confident of it in reference to my actings to the sons of men are able to my face to say black is my eye yet for these men so high and mighty in their pretence of religion and in their former familiarity and friendship to me to persecute me bitterly and write reproachfull books c against me and in the day of my calamity when the great men of the Nation make deep furrows upon my back for nothing when I am as it were in the Kennell and my hands and feet tied then to beat buffe● wound me and pursue my very life O the height not only of unchristianity but even of unmanhood it selfe such actions differing nothing in beastlinesse and brutishnesse from the brutest of Beasts themselves if it had been enemies as David did in the like case Ps 55. 12 13 14. that had done it I could have born it but for my familiar bosome indeared friends to deal thus with me and that in the day of my adversity when my life is hunted for like a Partridge upon the mountains in this they are more unnaturall then the very Pagans and heathens themselves for saith Isaiah cha 21. 14. The Inhabitants of the land of Tema brought water to him that was thirsty they prevented with their bread him that fled and for their mal●ing a frothy light giddy headed fellow of me in their late book called Walwyns wyles easily deluded and drawn aside being of no depth in my self I am confident there is no two men in England that know me whose consciences are more perswaded of the falsity of that their own assertion in every particular then M. Rozer and Master Kiffin are if they would speak the truth from their very hearts the whole stream of my actions extraordinarily well known to both of them for these twelve or thirteen years together being as a large demonstration that I understand the things I goe about and am not to be biased with favour flattery frowns nor hard usage but act singly and nakedly upon my own principles that I beleeve God distills into my soul I beleeve as the actions of any man upon the face of the earth are having never forsaken nor changed my principles from better to worse the space of one hour from the day 〈…〉 fatherly discovering and distinct and assured making known of his turnall everlasting and unchangable loving kindnesse in the Lord Jesus unto my soul to this day although I am confident it is now above 13 years since I know God at my 〈◊〉 and reconciled father that had particularly wasted and clensed my soul with the 〈◊〉 bloud of Jesus Christ and