Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	successor_n	2,446	5	9.0199	5	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94042	Secret reasons of state in reference to the affairs of these nations, at the interruption of this present Parliament: anno 1653. discovered. Also, the power of parliaments, touching imprisonment, debated. With other matters worthy of observation, in Jo: Streater's case: this being a narrative of his two years troubles at the beginning of the late monarchie, erected by General Cromwel.	Streater, John, fl. 1650-1670.	1659 (1659)	Wing S5949; Thomason E983_24; ESTC R203671	14,755	20

will warrant a discharge If it be by an Order of Parl. if the Order shew not cause of imprisonment not a cause only but a lawful cause Parliaments ever made Laws but the Judges of the Law judged by those Law Who will question but that the Warrant of a Justice of Peace shewing lawful cause of imprisonment is of greater force in Law then an Order of Parl. shewing no cause of imprisonment But my Lord the Parl. is here it is their Authority that I apply my self unto there is nothing can be done her e but by their Authority that is to say the Law And therefore the Law and several Acts of Parl. as that of the 17th of the late King and divers others say that I shall be discharged Shall an Order of Parl. over rule Laws Statutes Customs Usages and Reason No my Lord doubtless the Parliaments intention in ordering that I shall not be delivered but by Order of Parl. is that I should be delivered by order of Law as I here expect now and do not question in the least Order of Law may be reckoned as the comliest of all the Parliaments Orders Surely none will alleadge that the Parl. intendeth to stop the proceedings of Law that may relieve me or that this Order of Parl. is superiour to Authority of Parl. that is judicially in this Court My Lord the inferiour must give way to the superiour The same reason that the Commons in Parl. of the 4th of the late King judged of the invalidity of the Record in James Domestris and Caesar's Case for that it was not argued or debated it was not of weight to be a sufficient Record the same reason I say may be given for an Order of Parl. not to be in force against an Act of Parliament An Order of Parl. hath but the same proportion with an Act of Parl. that a Verbal command hath with a command by Record for that there are not the debates deliberations and three times of reading of an Order of Parliament as is at the establishing an Act of Parliament My Lord besides any rational man will think that the wisdom and prudence of the Parl. is such that they will not lay up such a portion for their successors and children as a Record that shall be a Law or President to after-ages shat shall be in effect That J. S. was remanded to prison by the vertue of an Order of Parl. when no cause is shewn in the one part of the Return nor lawful cause in the other When the Supreme Authority of Parl. the Law and Acts of Parl. that contain Law say expresly that if no cause or lawful cause be shewn in the Return for imprisonment that thou the prisoner shall be set at liberty And Anno 20. Edw. 3. chap. 1. That if Commands come to the contrary the Judges shall not cease to do even Law and Right Besides Sir Edw. Cook 4 part Instit chap. 10. High Court of Parliament intimateth that an Act of Parl. is not pleadable in a Court of Record but by Record or under the Seal And M. Sadler in his Book intituled The Rights of the Kingdom and Customs of our Ancestors saith as much Then much lesse an Order of Parl. that is not recorded upon the Parl. Rolls it self My Lord it is not to be imagined neither do I think that the Parl. expecteth that their Order the inferiour part of their power the Law and Acts of Parl. that command Law which is judicially here as I said before My Lord all Acts of Parl. that are unrepealed are their own they are not theirs when they disown them by repealing until then they are with not otherwise in force and are Law My Lord A Parl. as they command Law may be called the Wisdom and Reason of the Nation Anno 4. Hen. 7 chap. 12. the Law is called The policy of the Nation Indeed it is so Justice is the best policy as I said before None can demonstrate what Justice is without the Law be as the golden Mete-wand that Sir Edw. Cook cautions Parliaments to leave all Causes to be measured by 4 part Instit fol. 41. Upon the question of H. 8. to the Judges Whether a man might be attainted of High-Treason in Parliaments and not to call him to his Answer the Judges answer was That an inferiour Court could not in Law or Justice do so and their opinion was That the higher the Court is the more just they ought to be It is not to be supposed that a Parliament will act contrary to their wisdom and policy which is the Law or that they would have their inferiour power take place of their superiour power Neither will the Parliament plead against me with their Power no surely but by Law legally else they would have nailed up my prison-doors with armed men and never have suffered me to come to this Bar. And if that they bad not intended that I should have been acquitted they doubtless would have shewn cause I know there can be no lawful cause of imprisonment shewn against me My Lord Job's friends they tell Job that because he was guilty in their opinion in the sight of God of sin Job 22.4 Will he meaning God reprove thee for fear of thee will he enter with thee into Judgment As much as to say That God would cut him off from amongst men because he was sinful and God powerful But saith Job chap. 23.3 O that I knew where I might find him that I might come to his seat I would order my cause before him and fill my mouth with arguments I would know the words which he would answer me and understand what he would say unto me WILL HE PLEAD AGAINST ME WITH HIS GREAT POWER NO but he would put strength in me There the righteous might dispute with him c. And Chap. 38. ver 32. God saith Gird up thy loyns like a man for I will demand of thee c. And herethat God that declared his power and wisdom visibly in the creation of creatures great in magnitude as the Leviathan sweet in influence as the Pleiades swiftnesse and courage of the horse in the day of battel and so of the whole creation That this great and glorious eternal God that gave a being to all beings by one onely conception of his mind he willed them to be and they were this God pleaded with Job by and by in Chap. 42. vers 4. Hear I beseech thee and I will speak I will demand of thee and declare thou unto me My Lord will the Parliament plead against me with their power that is to say what they may do Surely they will not but rather strengthen me by affording me the benefit of Law at this time and place which is the utmost of what I do expect and the which they ought to do by which I shall arrive at my liberty which is my right by Law in regard there appeareth no cause in the one part of the Return

assigned for him have alleaged That the Order of Parliament is void by reason as they say the Parliament is dissolved My Lord Parliaments cannot be dissolved the Parliament or the same power is in being now And Parliaments were to be once a year as by the Statute of the 4 of Ed. 3. at which time he may be relieved In the North parts the Assizes can be held but once ayear But grant that the meaning of the Parliament was to deliver him themselves and not that they meant the Parliament to be on the 3 of September 1654. yet for that they ordered that he should not be delivered but by Order of Parliament I conceive he can be delivered no otherwise then by an Order of Parliament nor by any other but a Parliament Possibly when that the Parliament consisted of King Lords and Commons an Order of one or two Houses without a threefold consent had not been binding but now the power that was in the Lords and King are joyned in the Commons and therefore is of greater force And it is not material whether they shew cause or not there may be good cause And it cannot be presumed that the Parliament would commit a man and have no cause at all for so doing But without question a Parliament may commit men and shew no cause But suppose his Commitment be in order to a Tryal in Parliament will this Court take upon them to judge in the cause or can they by Habeas Corpus bring the body of the prisoner and the cause before them out of Parliament The Lord of Strafford was tryed in Parliament I believe this Court would not in such a Case remove the Tryal before them nor indeed can they Upon the Return it appeareth he is committed by Order of Parliament and to be delivered by Order of Parliament if they had intended he should have been delivered otherwise they would have either said nothing or have Ordered his delivery according to Law When Kings die it is true that Commissions do cease but when Parliaments do dissolve their Acts do not cease Besides a Parliament is the Supreme Court and they do constitute other Courts and therefore it is not for other Courts to question the proceedings of a Parliament It will not be expected of me to shew that the Parliament had sufficient matter or cause of imprisonment To this the Judges answered No no if he had any thing more to speak to the Order of Parliament that was it that was to be spoken unto Mr. Attor My Lord this Gentleman might make his application for his liberty to the present Authority elsewhere and I doubt not but it would be granted him for now Parliamentary authority is in one person My Lord I doubt not but the Court will be cautious in medling in this case but it will rather remand him to prison first for that it may be that the proceedings against him are not yet ripe it may be yet under examination Secondly for that this is the first president of the like nature and it being of so great and high concernment After a little space of time Mr. Atturney cometh into the Court. Lord chief Justice Rolle Mr. Atturney here is Mr. Streater again by Rule of Court he hath been a long time in prison and I see here is nothing come against him that is mateâ—ial Mr. Serj. Twisden of counsel for the prisoner My Lord we desire that he may be bayled Lord chief Justice Rolle What have you any thing more to say Mr. Atturney Mr. Attur My Lord I thought I should have heard of him but I did not the Court must do justice He is committed by order of Parliament My Lord if you will undo an Order of Parliament he is to be delivered but I hope the Court will not Mâ— Windham The Order of Parliament is undone by the Parliaments being dissolved Mr. Attur Commissioners of Sewers are granted by Parliament and they do continue after the Parliament is dissolved Iayl-delivery is but once a year in the North parts and I suppose the next Parliament wil be sitting before he hath been a year in prison at which time he may be tryed or delivered And although this be called an Order of Parliament yet it was acted by Parliament Lord chief Iustice Rolle But all that the Parliament acteth are not Acts of Parliament The first part of the Return is too general it mentioneth norwhat Books nor whose Books or where they were or when published The second part of the Return is grounded upon an Order of Parliament we are to take notice when a Parliament sitteth and also when it is dissolved or when it endeth or determineth Discontinuance is a determination A Writ of Error many times is made Returnable in the next Parliament but that lyeth after Tryal at Law The word Order is a proper phrase to that which is not an Act. An Order of Parliament is not binding in Succession How shall the next Parliament take notice of a former Parliaments Order Committees that are appointed by Order of Parliament do cease upon the dissolving of the Parliament I have been of the Parliament I ever found Parliaments of the same Opinion We must look to the first Imprisonment and no farther if you had Returned other Cause we should have taken notice of it We do not reverse the Order of Parliament that is reversed by the Parliaments being dissolved and it being dissolved there is no visible way how the prisoner shall be relieved though there may be a probable way Iudg Ask. I am of the same Opinion and that it could not be that the Order of Parliament by saying he should not be delivered but by Order of Parliament but that they meant by the same Parliament and not by a Successive Parliament If it should be taken to be by Order of the next Parliament where shall be the Liberty of the Subjects or how they shall be relieved in long interval of parliaments as in the Reign of K. Iames and the Reign of King Charls we had not parliaments in many years together although it be so that the parliament by the Statute of the 4. of Ed. 3. should be once a year or oftner if need be besides here is no Succession of parliament but a Dissolution Another parliament must be another Session and therefore an Order cannot be in force until another Session If they had made an Act of parliament or passed a judgment of parliament it had been another Case Upon the consideration of the whole matter the Iudges opinion was that the prisoner ought to be discharged and this Rule entred Saturday next after 8 days of the Purif 1653. The Lord Protector against Io. Streater Gent. The Defendant was brought into Court by the Marshal upon Habeas Corpus and by the Court discharged of his imprisonment by the motion of Mr. Serjeant Twisden By the Court. As may be seen Styles Reports fol. 415. Lord cheif Justice Rolle Sir

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