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	void_a	3,949	5	9.2539	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88236	A plea, or protest, made by VVilliam Prynne, Esquire, and by him sent unto J.M. Knight, one of the eleven impeached Members. Wherein he declares the injustice and illegality of the Lords, Commons, and grandees of the Armies proceedings against him. Whereunto is annexed the case of A.B. (a citizen of London, and a free commoner of England) truly stated, in reference to a pretended impeachment of treason depending in the House of Peers against him : with an answer to certain queres framed thereupon : unto which is annexed the answer of the said A.B. unto the Lords assembled in Parliament in point of law, ... in which it is fully proved, that the House of Lords ... hath not the least jurisdiction in the world over any commoner ... with a full answer to all their presidents in such cases; and that it is not safe for the said A.B. to kneel at the Lords barre, because it is stooping and submitting to their jurisdiction. / Published for the common good of all honest Englishmen, by Lionel Hurbin Gentleman, March 17. 1647.	Lilburne, John, 1614?-1657.; J. M.; Prynne, William, 1600-1669.	1648 (1648)	Wing L2161; Thomason E432_18; ESTC R202738	18,211	22

an argument it is both in Law and reason for the present Judges in Westminster Hal to say that it is legall and just for them to adjudge that the King hath a true and legall all right in all the peoples proprieties because there predecessors adjudged it so in the late Case of Ship-money or that the present King may at his will and pleasure chop off all your Lordships heads because his predecessor Richard the third did serve some of your Lordships predecessors so in the Tower of London And therefore the said A. B. conclusively saith that the ignorance feare or neglect of some Commoners to challenge at your Lordships hands their fundamentall and native rights and freedomes to be tried only by their Peers or equalls according to the forementioned Lawes doth not nor cannot prejudice any other Commoner whatsoever which shall challenge as I now doe his right and freedome according to the expresse and declared Law of the Land and whatsoever presidents Judgements or Dcrees have been wherein this honourable House have exercised a Judgement or jurisdiction over Commoners they are all expresly declared errors and to be holden for nought by this present Parliament in its purity virginity and freedome in that forementioned Act for abolishing the Starchamber Court wherein the forementioned 29. chap. of Magna Charta and 28. Ed. 3. 3. and 42. Ed. 3. 3. c. confirmed which Statutes enact that all free men shall have triall for their lives liberties and estates by their Peers equalls according to the common or old Law of the Land and have also these words That whatsoever shall be done contrary shall be void in Law and holden for error And the same doth the Petition of Right made in the 3. of the King which is every branch article and Prayer of it confirmed this present Parliament the 17 of the King in that excellent forementioned Act for the abolishing of Ship-money And the said A. B. saith inasmuch as the Statutes above recited have reference to the punishment of offenders they are not to be taken by construction but onely in and according to the letter thereof and therefore are as binding to your Lordships House and the House of Commons both till they be legally abrogated as they are to the meanest man in England And forasmuch as it is plaine and without scruple that the Lawes and Statutes before recited do absolntely restraine this honourable House from exercising over him the said A. B. or any other Commoner of England any the least jurisdiction in any case whatsoever * Which is unanswerably proved as well by reason and argument as positive Law in that strong and singular Discourse called the Lawes Subversion or Sir Iohn Maynard Case truly stated pag. 23 24 25 26 27 28. for the fore-recited Lawes expresly againe and againe say that no Commoner shall be passed upon adjudged or condemned but by the lawfull judgement of his Peers or equals according to the due course of the Law of the Land and the said A. B. is very confident that there is not nor never was since the the great Charter was made one established Law or Act of Parliament ever made in England that ever gave the House of Peers in Writs of Errour or any other case whatsoever any Jurisdiction or power of passing Judgement upon Commoners and therefore all and every the Judgements and Decrees that your Lordships have made and given especially since the late Act for abolishing of the Starre-Chamber are thereby declared to be ipso facto erroneous and null and void in Law and your Lordships liable if not at the Common-Law yet undoubtedly in the next free Parliament to make legall satisfaction to all those persons that by any of your Judgements Decrees Sentences or Orders of Imprisonments you have most illegally and without the least shadow or colour of Law wronged And therefore he the said A. B. being a Commoner doth hereby protest against submission to any triall before your Lordships as not being his legall Judges And he the said A. B. doth also claime the benefit of all the knowne and declared Lawes of the Land which is his undoubted Birth-right and appeale to his proper Judges according to the said Lawes viz. two Juries of 24. legall men * The reason wherefore the Iury is put in before the Iudge is to erect a common errour amongst the people of England viz. that the Iudge hath more power in him then the Iury when as indeed and in truth if a man without offence may so say the Iury is as it were the God Almighty and the Iudge is but as the Minister or Priest to pronounce and declare the sentence and judgment of God Almighty of England his peers or equalls and the Judges appointed for to be the executors of the Law in the Kings Bench or elswhere in the County where his pretended crime was committed and the said A. B. out of love and respect to your Lordships his native Liberties earnestly entreats your Lordships seriously to consider that in the foresaid Act for abolishing the Star-Chamber the Judges therof are accused That they have not kept themselves to the points limited by the Statute that gave them their power and Iurisdiction but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such Authority and to inflict heavier punishments then by any Law is warranted and therefore saith the Act the Proceedings Censures and Decrees of that Court have by experience been found to be an intolerable burthen to the Subject and a meanes to introduce an arbitrary power and Government for which it was totally abolished all which with much more the said A. B. confidently averres may be justly and truly said of your Lordships in that you have fined imprisoned and murdered those that by Law you have not the least Jurisdiction in the world over and therefore in common reason equity and justice better deserve to be totally abolished * Which is undeniably proved by Lievt Col. John Lilburnes printed Speech that he made at the open Barre of the House of Commons against the Lords Ian. 19. 1647. p. 13 14 15 16 17. then the said Court of Star-Chamber FINIS

A Plea or Protest MADE By VVILLIAM PRYNNE Esquire AND By him sent unto J. M. Knight one of the eleven impeached Members Wherein he declares the injustice and illegality of the Lords Commons and Grandees of the Armies Proceedings against him Whereunto is annexed the Case of A. B. a Citizen of London and a free Commoner of England truly stated in reference to a pretended impeachment of Treason depending in the House of Peers against him With an Answer to certain Queres framed thereupon Unto which is annexed the Answer of the said A. B. unto the Lords assembled in Parliament in point of Law in reference to the said pretended Impeachment in which it is fully proved that the House of Lords by the known and declared Law of England hath not the least Iurisdiction in the world over any Commoner whatsoever in any case whatsoever With a full Answer to all their Presidents in such cases And that it is not safe for the said A. B. to kneel at the Lords Barre because it is a stooping and submitting to their Jurisdiction Published for the common good of all honest Englishmen By Lionel Hurbin Gentleman March 17. 1647. Printed for Iah Hornish 1648. The Protestation of J. M. Knight of the Bath to the Articles of high Treason dr●wn up by M. William Prynne of Lincolnes Inne Esquire and sent by him unto the foresaid J. M. for his legall Plea Protest and Answer to his Impeachment at the Lords Barre ALl advantages of exception to the incertainty and illegality of the Articles exhibited against this Defendent in the name of the Commons assembled in Parliament in maintenance of their accusation and impeachment of high Treason against him to this Defendent now and at all times hereafter saved when he shall be legally charged and proceeded against in a full and free Parliament He this Defendent not by way of Answer Plea or Demurrer but of Protestation onely saith that as he cannot acknowledge all or any of the said Articles to be true in any part thereof in manner and forme as they are exhibited being no wayes conscious to himselfe of any crime of High Treason much lesse of levying any new or actuall Warre against the King and Parliament in whose faithfull service and defence he hath during these late unhappy troubles spent most of his time and engaged a great part of his estate without any recompence or salary so in discharge of his duty to the Parliament and Kingdome and performance of his solemne League and Covenant in point of conscience towards God he is now further necessitated most solemnly to protest that both Houses of Parliament for the space of seven months last past and at the time when the Articles of his present Impeachment were Voted in the House of Commons transmitted to the Lords House and he this Defendent ordered to put in his Answer thereunto were and ever since have been and still are under the open actuall horrid force power menaces Guards and Garrisons of Sir Thomas Fairfax and the Army under his Command who refused to disband according to the Houses Votes and Ordinances marched up in a body against them to Westminster contrary to their expresse Orders and Commands impeached suspended divers and forced away the major part of their Members constrained them by menacing Declarations and their approaches towards the Houses to retract many Votes and Ordinances pass●d in both Houses when free and full and to make divers new Votes Orders and Ordinances against their wills and judgements quite contrary thereunto and have since got the Command of the Tower of London into their hands and erected new Garrisons of horse and foot at White-hall and the Mues and placed armed Guards upon both Houses to intimidate and force them to carry on their projects and designes and Vote what they and their Confederates shall prescribe In which regard he this Defendent humbly conceives that the House of Commons are utterly disabled and made uncapable to exhibite Vote and transmit and the House of Peers divers of whose Members have been lately since the said force impeached suspended imprisoned and kept out of the House upon the selfe-same pretended false Articles which are charged against this Defendent of purpose to deprive them of their Votes as is conceived put into an absolute incapacity for the present to receive and prosecute these Articles of Impeachment of High Treason against this Defendent the rather for that the respective Parliaments of 15. E. 3. 21. R. 2. 11. H. 4. 31. H. 6. 39. H. 6. and both Houses in this present Parliament assembled in their Ordinance of the 20. of August last have solemnely adjudged and resolved that all Acts of Parliaments Attainders Impeachments Votes Orders and Ordinances of one or both Houses of Parliament made and passed whiles the Parliament and Houses were under any actuall force and menaees especially of an whole mutinous Army marching up against them and quartering and erecting new Garrisons round about them are meerly void in Law and ought to be so reputed and declared and that more especially in this Defendents case who was originally impeached and prosecuted in the Commons House with ten other eminent Members in the name of Sir Thomas Fairfax and the Army under his Command and by their menaces force and violence suspended and ejected out of the Commons House whereof he was lately an actuall and still is a rightfull Member without any legall Triall or any witnesses or proofe legally examined against him or being once admitted to his lawfull defence by the Army and their Confederates meer arbitrary power and party in the House who have no lawfull Authority to suspend or eject their Fellow-Members who have every way the selfe-same and as good right to sit and continue in the House as themselves and therefore whiles both Houses continue under this force and power of the Army and whiles above halfe their Members are forcibly suspended ejected restrained or forced to absent themselves this Defendent can neither in honour justice nor conscience acknowledge them nor either of them to be in any legall capacy to exhibite receive or prosecute any Charge or Impeachment against him untill they be totally freed from the Armies Wardship and over-ruling power and all their unjustly impeached suspended ejected and absent Members restored to their ancient Freedome of voting and sitting in the Houses without any Guards or over-awing Forces to terrifie or daunt them And moreover this Defendent by Protestation onely averreth that the Speaker of the House of Commons and trust of those Members in it who were chiefe compilers and contrivers of these Articles against him and the Speaker of the House of Peers with nine other Peers who now pretend and are most likely to be his Judges did in or about the 4. day of August now last past contrary to their trust and duty not onely desert their service and attendance in the Houses and fly to the Army without just cause whiles divers

his hand at the Bar but a Delinquent that is a person adjudged a Delinquent and under their jurisdiction by a Iury of twelve men commonly called the Grand Iury and though some pretend kneeling in Law to be only an act of reverence that implies honour and power yet it is evident that all persons appearing before the ordinary Courts of justice in civill causes from whom equall honour is due to them and over whom they have power of jurisdiction yet I say all such as appeare before them in civill causes are not required to hold up their hands at the Barre but only those that are as before esteemed and judged Delinquents so in the like manner no more are any required to kneele at the Lords Barre but only those they judge Delinquents by vertue of which kneeling they do ipso facto acknowledge and grant them a jurisdiction over them Fifth Now considering that kneeling is a stooping to the Lords jurisdiction and also an acknowledgment of Delinquency therefore whosoever kneels at the Lords Barre doth acknowledge himselfe a Delinquent and also before his legall Iudges therefore it is undeniable that after kneeling no plea against their jurisdiction can be legally admitted after such an undeniable submission to it for in ordinary Courts though any priviledge of being an officer c. in another Court might legally exempt the party to be tryed from the jurisdiction of an other Court that will try him if he claime and challenge his priviledge before he sloop unto their jurisdiction yet in case he shall first doe any act that acknowledge their jurisdiction over him before he claime and challenge his priviledge no Plea by him against their jurisdiction will be admitted afterward The answere of the foresaid A. B. a Citizen of London and a free Commoner of England to the Lords in Parliament Assembled upon the commands of the said Lords that A. B. should returne an answer to a scroule or paper called by them Articles of Impeachment c. against the said A. B. THe said A. B. saving and reserving to himselfe intire his native liberty as a commoner of England not to answer unto any Charge Impeachment or Indictment by whomsoever exhibtied against him before any persons unto whom the cognizance of the crimes of Commoners and their trialls doth not legally and properly pertaine yet protesting against all indeavoures and desires of avoiding or escaping a just and legall tryall for any crime or offence whatsoever whereof he now pretendedly stands suspected and charged and declaring his willingnesse and readinesse now or any time hereafter to answer to any crime that either is or shall be legally objected against him befo●e any Cou●t that by vertue of an established law hath jurisdiction over him he the said A. B saith That in case he were to be suspected for Treason Felony or any other crime there could be no legall just proceedings to bring him to answer but by presenement or indictment of good and lawfull men of the neighbourhood where such Treasonable Felonous or other criminall deeds are done which is undeniably evident by the petition of Right made in the third of the present King and the act for the abolishing of ship money and the other act for the abolishing the Starr-Chamber made this present Parliament anno 17. * Which five acts you may read in L. C. Ioh. Lilburns book called peoples prerogative p. 1. 2. 3. 4. 22. 23. 24. 25. 26. 27. of the King The very expresse words of the last of which are that Whereas by the Great Charter many times confirmed in Parliament It is enacted that no freeman shall be taken or imprisonned or diffeised of his free hold or Liberties or free customes or be out lawed or exiled or otherwise destroyed and that the King will not passe upon him nor condemne him but by lawfull judgement of his Peers or by the Law of the Land And by another stature made in the fift yeere of the Raigne of King Edward the third It is inacted that no man shall be attached by any accusation nor fore-judged of life or li●● nor his Lands Tenements goods nor Cattells seised into the Kings hands against the forme of the Great Charter and the Law of the Land And by a statute made in the twenty five yeere of the raigne of the same King Edward the third It is accorded assented and established that none shall be taken hy Petition or suggestion made to the King or to his counsell unlesse it be by indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner or by processe where such deeds be done in due manner or by processe made by writt originall at the common law and that none be put out of his franchise or freehold unlesse he duly brought to answer and fore-judged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none And by an other statute made in the twenty eight yeere of the same King Edward the third It is amongst other things inacted That no man of what estate or condition soever he be shall be put out of his Lands o● Tenements nor taken nor imprisoned nor disinherited nor put to death * So that in time of peace for a generall or any other that hath commission of Marshall au●hority to hang or otherwise execute any man by collour of Marshall Law this saith Sir Edward Cooke 3 part inslit fo 52 is absolute murdes yeas there he fur●her saith Th. Earle of Lancaster being taken in an open infurrection or rebellion was by judgement of Marshall law put to dea●h the 14 Ed. 4. this saith he was adjudged to be unlawfull and he gives this reason for it because he was not tried by the declared law of the Land which is every Englishmans birthright the Courts of Iustice being all open where-according to the aocustomed manner it was dispenced see fo ibid. 86 87. and 2 part fo 529. see the petition of Right and William Thomsons plea a free commoner of England now condemned by Marshall Law by the Generall c. to be shot to death printed in the 45. 46. 47. 48. 49 50 pages of the forementioned booke called the peoples prerogative without being brought to answer by due processe of Law And by another statute made in the fourty two yeers of the raigne of the said King Edward the third It is inacted that no man be put to answer without presentment before Iustices or matter of record or by due processe or write originall according to the old law of the Land and if any thing be done to the contrary it shall be void in Law and holden for error And the said A. B. further saith That for the better securing of the subjects lives Libertie names and estates the Law hath provided that in the legall proceedings aforesaid to bring any person accused to answer