Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	repeal_v	4,000	5	12.1621	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88421	Some seasonable and serious queries upon the late act against conventicles tending to discover how much it is against the express word of God, the positive law of the nation, the law & light of nature, and principles of prudence & policy, and therefore adjudged by the law of the land to be void and null ... / by a friend to truth and peace.	Lockyer, Nicholas, 1611-1685.	1670 (1670)	Wing L2801; ESTC R3063	12,344	17

doth not this Act in contradiction thereto both seiz upon mens Liberties and Estates without any such legal Process or Judgement For is not the Justice impowered hereby by foce Civil or Military to seiz take and keep in custody the peaceable free People of the Nation † Six Remedies to relieve any that are so imprisoned or disseized of their free liberties contrary to Magna Charta 2d part Cooks's Inst ch 29 f. 55. dis-seizing them thereby of their Liberties being Advocate Jury and Witness and sole Judge both of Law and Fact as well as of the ability of the Offender And is he not authorized also according as he in malice favour or affection shall judge meet to Convict Sentence and Execute by making Distress and Sale of Goods how and upon whom he pleaseth without returning any thing again to the Owners which may be one hundred or two hundred pounds for ten or twenty pounds and therewith to reward the Informer or who else he shall judge most active be it his Clerk Sonne or Himself And is not this seizing * Free-hold is Goods and Chattels as well as Lands Tenements Cook 's Instit c. 29. p. 46. Free-hold too with a witness And all without any legal Judgement and Process And is not the bribing the Informer that principal Trustee in the Act or Justice himself with so great a Reward a setting Justice to sale with a vengeance And what can more violate that fundamental Law both as to Person and Estate Notwithstanding by the 42 of Ed. 3. this Great Charter is commanded to be kept in all points and that whatever Law is made against it is null and void Polton 182. The words of the Statute are these At the Parliament of our Lord the King at Westminster the first day of May the 42 year of his Reign It is asserted and recorded That the Great CHARTER and the Charter of the Forrest be holden and kept in all Points and if any STATUTE be made to the contrary it shall be holden for none II. Whether it is not dangerous by the Laws and Customs of the Nation for any to infringe and violate this Great Charter under colour or pretence of any Law or Statute whatsoever Witness that famous Example and eminent Instance in 1 H. 8. in the Impeachment and Execution of the two Justices of the Peace viz. Sir Richard Empson Knight and Edmond Dudley Esq for their putting in execution the Statute made 11 H. 7. so contrary to Magna Charta concerning which for better Information take my Lord Cooks own words in his Instit L. 2. C. 29. f. 15. Viz. Against this Antient and Fundamental Law and in the face thereof having recited that Clause of Magna Charta before mentoned I find saith he an Act of Parliament made That as well Justices of Assize as Justices of Peace without any finding or Presentment 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 Form Ordinance and effect of any Statute made and not repealed By colour of which Act shaking this Fundamental Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite numbers of people were committed by Sir Richard Empson Knight and Edmond Dudley Esq being Justices of the Peace throughout England And upon this Unjust and Injurious Act as commonly in like Cases it falleth out a new Office was created and they made Masters of the Kings Forfeitures But at a Parliament holden in the 1 H. 8. this Act of 11 H. 7. is recited and made void and repealed and the reason thereof is yeilded For that by force of the said Act it was manifestly known that many sinister and crafty feigned and forged Informations had been pursued against divers of the Kings Subjects to their great damage and wrongful vexation And the success hereof and the fearful ends of these two Oppressors should deter others from committing the like and should admonish Parliaments that instead of this ordinary and precious Tryal per Legem Tetrae the known ancient Laws they bring not in absolute and partial Tryals by Discretion The said two Justices were to the joy of all People executed the beginning of H. 8. Speed Chr. 983. Not to mention the impeachment and dethroning the two Kings Edward the second and Richard the second for having perverted the due course of Law Justice and Right and that they destroyed men by Informations and without Legal Examination and Tryals and that they had declared that the Laws of the Kingdom were in their own Brests As in their Articles of Impeachment does more at large appear Nor the Impeachment of the Lord Chief Justice Trysillian and his Brother Judges Fulthorp Belknap Carey Hott Burge and Locton and others of the then Privy Council and then Lord Mayor of London who had set their hands to Judgements in subverting the Laws of the Land and advancing the Kings Will and Commands above the known Laws of the Kingdom For which the Lord Chief Justice and others of them were hanged at Tybourn The Impeachment also of Judge Thorp Ed. 3 and Cardinal Woolsey H. 8. for advising the King to subvert the Laws Not forgetting the late worthy Act of Chief Justice Keeling in imprisoning and fining the London-Justices for acting against the known Laws Qu. III. Whether it doth not concern all persons called to be active herein whether Officers Civil Military or others to be well advised what they do lest instead of promoting the Peace and Welfare of the Nation the great end of all wholsome Laws they not onely infringe the just Liberties thereof inslave themselves and Posterities but render themselves liable to such infamy misery and mischief that the miscreants beforementioned have done And whether it will not be a good plea for any that may be vexed persecuted or prosecuted hereupon why they conform not thereto either by answering ensnaring questions to accuse themselves about Meetings telling of Names or places of abode or payment of Moneys that it is all against Magna Charta and the known Laws of the Land which declare that no man shall be put to answer without Presentment or matter of Record or by due Process and Original Writ according to Law as by several Statutes viz. 5. Ed. 3.9 25 Ed. 3.4 28 Ed. 3.3 27 Ed. 3.18 42 Ed. 3.33 Petit. of Right 3 Car. 1.1 17 Car. 1.14 Qu. IV. Whether the pretended Salvo That you may if you find your self aggrieved hereby make your Appeal and take your Tryal by a Jury may acquit this Law from infringing and violating Magna Charta and the known Laws of the Land Because first is not the Law violated by seizing and taking both Person and Estate without any such Process and Judgement And secondly that the Appeal must not lie in

SOME Seasonable and Serious QUERIES Upon the late Act against Conventicles Tending to discover How much it is against the express Word of GOD the positive Law of the Nation the Law Light of Nature and Principles of Prudence Policy And therefore adjudged by the Law of the Land to be Void and Null Viz. Finch p. 3. That no Act of Parliament or Law repugnant to the Law of God is of any force 28 H. 8. That no man of what estate degrée or condition whatsoever hath power to dispence with Gods Law Doct. Stud. That against Scripture Law Prescription Statute nor Custom may avail and if any be brought in against it they be void and against Iustice 42 Ed. 3. It is assented and accorded That the Great Charter be holden and kept in all points and that if any Statute be made to the contrary it shall be held for none By a Friend to Truth and Peace Mat. 24.48 49. And if that evil servant shall say in his heart My Lord delayeth his coming and shall begin to smite his fellow-servants and to eat and drink with the drunken c. Acts 9.5 Saul Saul why persecutest thou me It is hard for thee to kick against the pricks Psal 9.16 The wicked is snared in the work of his own hands c. Printed in the year 1670. Some Sober Queries upon the ACT against CONVENTICLES WHether upon a due and serious search this late Law doth not appear to contradict the three Great Laws viz. The Law of God the Law of the Nation and the Law of Nature and is not contrary to the Rules of Prudence and Policy and tending to promote some private and corrupt interest First As to the Law of God 1. Whether in the particulars following relating to Preachers and Hearers the Law of God is not manifestly contradicted and impugned 1. Doth not Gods Law require all men that hear learn and keep it having a Gift from Christ of what Rank Condition or Quality soever high or low should be Teachers and Publishers of it Mat. 5.19 1 Pet. 4.10 2 Tim. 4.2 And accordingly have we not had of high degree preaching Kings Princes Judges and Levites Psal 40.9 Eccles 1.1 12.10 2 Chron. 17.7 8 9. And of low degree mechanick Carpenters Herdsmen Fishermen Tentmakers that have preached and published his Word and Law Mark 6.3 Amos 1.1 Mark 1.16 17. Acts 18.2 And doth not this Law forbid any high or low to preach and publish Gods Law but such as conform to the Traditions and Commands of men viz. By Reading the Common-Prayer Renouncing the Covenant submitting to humane Services Ceremonies and Inventions Mark 7.7 8 9. however otherways fitted by Christ with never such Ministerial Gifts and Attainments 2. Doth not Gods Law say You may all prophesie or preach 1 Cor. 14.1 2. one by one 1 Cor. 14.31 And doth not this Law say You shall not so prophesie no not one 3. Doth not Gods Law pronounce wo to his Preachers if they preach not the Gospel 1 Cor. 9.16 And doth not this Law pronounce wo to them if they do 4. Doth not Gods Law give promised Rewards and Blessings to those that teach it to others Mat. 10.41 25.21 5.19 Ja. 5.20 And doth not this Law threaten a 20 l. 40 l. Curse yea utter ruine to those that do 5. Doth not Gods Law admit of preaching in Houses Streets and Fields to great Multitudes with promised mercies to the Owners so receiving his People and Preachers Acts 20.20 28.31 Luke 13.26 Mat. 3 1. 10.40 41.42 And doth not this Law forbid such preaching with threatned ruine to Owners and Hearers as well as Preachers 6. Doth not Gods Law denounce cursing and wrath to the uttermost to those that reject and forbid and that mis-use and abuse his Preachers and beat their fellow-servants 1 Thes 2.16 Mat. 24.48 49 50. And doth not this declare promised Blessings and Rewards to those that shall be most active in pursuing and persecuting the Preacher and prosecuting and vexing the Hearers 7. Doth not Gods Law enjoyn men frequently and stedfastly to assemble together and to maintain and keep up their Fellowships and Meetings Heb. 10.25 3.13 Acts 2.42 Mal. 3.14 16. And doth not this Law not onely forbid but tear and break up such Meetings and Assemblies loading them with heavy Mulcts and Penalties Toties Quoties as often as they so meet 8. Doth not Gods Law admit of Popular Meetings the assembling of great numbers to worship him and attend his Ordinances five thousand and eight thousand at a time Joh. 6.10 Act. 4.4 2.41 yea the more the better without any limitation or scandal of sedititon in so doing But doth not this Law limit those that must so worship and hear the Word to four persons onely beside the Family unless they will be reputed seditious and dealt with accordingly Q. II. Whether if it appears that indeed this New Law and Word of Man doth contradict the Old Law and Word of God the People of God ought any more to regard it now than the three Children and Daniel did the Persian Law in like Case Dan. 3.16 17. 6.10 in those days or the Disciples Acts 4. did the Edicts Threatnings and Prohibitions of the Council then And whether if God be God he ought not to be followed and obeyed rather than man though Goods be spoyled Liberties infringed and Lives-hazarded in so doing Q. III. Whether in case the Maxims of our English Laws in favour of the Word and Law of God be of force this Law is not to be deemed void and null Which do assert for good Law sound Doctrine Reason and truth That no Act of Parliament or Law repugnant to the Law of God is of any force Finch p. 3. And that no man of what Estate Degree or Condition whatsoever hath power to dispence with Gods Law as all the Clergy of the Realm and most of the Vniversittes of Christendom and we also affirm 28 H. 8. And that against Scripture Law Prescription Statute nor Custom may avail and if any be brought in against it they be void and against Justice Doct. Stud. Secondly As to the Law of the Land I. Whether the said Act is not expresly contrary to the known ancient fundamental Laws of this Nation especially that of Magna Charta which as the great Bulwark of the English Liberty has been confirmed by about forty Parliaments For doth not that Great Charter assure and confirm That no Freeman shall be taken or imprisoned or dis-seised of his Free-hold or Liberties or free Customs or be outlawed or exiled or any otherways destroyed or passed upon or condemned but by the lawful Iudgment of his Peers or * Viz. By due process of the Common or old Law of England See 2d part Cooks Inst ch 29. fo 50. so explained also by 37 E. 3. ch 8. Law of the Land And that Iustice shall neither be sold denied or deferred And

House another Highly bespeaking influence and design 3. Because it intrusts none but those that are esteemed the vilest persons in the Nation viz. the Informers to manage it an persons being at their mercy 4. From the undue Methods to inforce it Whereas good Laws need no other incitation to their execution but their own moral Equity and Righteousness But this contrary to all other Mediums knowing how much it would be against the hair grain and interest of the Nation doth hire fright and force all sorts to its execution 5. From the mischievousness of it being calculated directly to set all at variance and every mans hand against his Neighbour Friend and Relation Qu. II. Whether it is not obvious to every eye that this monstrous Act was not eminently contrived driven on and spirited by the Bishops and their corrupt interest 1. Because of their former old Rage Envy and Malice testified herein who will neither enter into the Kingdom of Heaven themselves nor suffer those that would to enter in like their Fathers of old Mat. 23.13 2. Because it is no other than the practical improvement of the mischievous Doctrine they have so plentifully given us by their prophane atheistical Chaplains Parker and his fellows 3. From their indefatigable industry all other Laws and means failing to accomplish their mischievous purposes by hook or crook firmly to engage a Party in the House to their Devotion herein Witness as said the 300 Letters in the Interval to the Members the high Caresses and Treats to the Blades and the large Bribes to the Gentlemen of the long Robe their violent and passionate Concern in their own persons though as must be owned with the worthy dissent of some of Themselves in the House 4. From their unwearied Activities to promote the violent prosecution thereof both in City and Country Witness that late inciting and provoking Sermon upon this occasion by one of Themselves from Ezra 7.26 And whosoever will not do the Law of God and the Law of the King let judgement be executed speedily upon him whether it be unto death or to banishment or to confiscation of goods or to imprisonment Excellently urged and applied as they use to apply Texts This being a Law of the King agreeable to the Word and Law of God for the good of his People and building of his House And theirs a Law of the King in express contradiction to the Law of God as before to the destruction of his House and ruine of his People Qu. III. Whether if so the Prelatical Interest has not throughly discovered it self to the Nation and all men That thus meerly to satisfie and maintain their Lust Sloth Avarice Pomp and Pride can be content at once with their Fathers † Who began the former Wars called Bellum Episcopale nay worse to sacrifice the Laws of God Nature and Nations and hazard the publick Peace and Safety And whether it may not comfortably be hoped their folly is hereby so plainly made manifest that they shall be able to proceed no further As 2 Tim. 3.8 9. Job 5.12 13. Psal 9.16 Qu. IV. Whether to put all out of doubt it might not conduce much to the Honour of the King Safety Satisfaction and Security of the People and the Justice of the Law That such evil Counsellors whether in Parliament or Council should be discovered as the late Chancellour was for his trayterous mischievous Advice in Council against the fundamental Laws of the Land and Safety of the People that should thus dare against the Laws of God Nature and Nations so much against the Kings Honour the Interest Peace Safety and Good of the People so contrary to all Rules of Prudence Policy and Ingenuity so much conducing to introduce Popery and all Confusion That they may be esteemed the Empson's and Dudley's of the Day the Incendiaries and Fire-brands of the Age And that all those good Patriots that have witnessed and entred their Protests against this cursed Law might be also known and respected accordingly Qu. V. Whether the malicious Persecutors persisting in their Rage and Madness may expect to fare better than their Brother Persecutors of old in the like spirit have done Exod. 15.9 10. Est. 7.9 10. Dan. 6.24 To the fulfilling Psal 7.14.15 16. Rev. 18.6 7 8. Isa 10.24 25. Qu. VI. Whether in due consideration hereof any but men of debauched Principles Consciences and Lives void of the fear of God and his Laws and reverence to men and theirs and wholly regardless of either Bodies Souls Estates and Posterities for future will venture to do this drudgery for the Bishops or Devil rather in betraying and so violently and injuriously oppressing their Neighbours nay so fool-hardy to be thereby engaging against God and Christ himself so much concerned herein As Psal 83.5 Act. 9.5 Mat. 25.45 Qu. VII Whether the good People of the Nation ought not having the Command and Authority of the King of Kings to go on in their express Duty in keeping up his Commands in their respective Meetings and Assemblings to Worship him though so expresly against the Law and Command of the King as they did Dan. 3.16 17 18. 6.10 Acts 4.17 18 19 20. 5.28 29. And in case any suffer upon this account whether they can suffer in a better Cause than thus to assert the Interest Word and Ways of Christ their just Liberties both Natural Civil and Christian against such violent and unreasonable opposition of all And whether Christ is not able and faithful to make up reward and recompence any hazard loss or shame that may so redound upon his account and his Gospel Mat. 19.29 Heb. 10.34 11.25 26. Rev. 2.10 Qu. VIII Whether it doth not concern the whole Phanatick Party in consideration of all this unnatural and unreasonable Rage and Severity to lay to heart and consider That however they may be persecuted from men for their vertue they having no evil thing justly to lay to their charge as Psal 35.19.20 59.3 69.4 John 10.32 though put into Bears Skins and great matters alledged against them as Ezra 4.15 Est. 3.8 Mat. 10.25 Act. 17.6 7 8. yet as coming from God which is to be eyed Job 5.6 Isa 42.24 and as not being without cause Ezek. 14.23 Therefore to be humbled under his mighty hand 1 Pet. 5.6 to search out the provocation Lam. 3.40 41. Josh 7.12 13. Stone the Achan Josh 7.25 Crying mightily to the Lord as Israel did under the like affliction Exod. 2.23 And it may be God may see the Affliction and hear the Cry and Deliver As Exod. 3.7 8. Joel 2.12 13 14. IX Whether it doth not manifestly appear that this unnatural severity tends either to deter from known duty in attending the Worship of God according to his Word Or from the Extremity to provoke to Sedition Tumult or Rebellion necessitating thereby a falling either into the hands of God or Man Therefore whether all concerned therein are not obliged to put forth utmost diligence and circumspection as to answer a good Conscience in cleaving unto the Lord and his Laws giving a Testimony to this evil Generation that they are Purse as well as Prison proof having better learned received Christ than to sell or part with him upon such mean tearms So on the other hand to be keeping on in that meekness and patience of Christ that they have been led and prospered in as the approved promised way of overcoming Rev 3.10 12.11 Wherby may they not still comfortably expect in spite of Hell and the gates thereof the Gospel's progress in sinners conversion and Saints confirmation the establishment of Christ's and downfal of Antichrists Kingdom and thereby the cutting off occasion from them that seek it to the shame and confusion of their faces and their own everlasting peace and comfort