Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	law_n	parliament_n	repeal_v	2,928	5	12.0628	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88244	Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England.	Lilburne, John, 1614?-1657.	1647 (1647)	Wing L2172; Thomason E370_12; ESTC R201291	90,580	119

tyrannized over your Petitioners husband they command as your Petitioner is informed Mr. Sergeant Finch Mr. Hearn Mr. Hale and Mr. Glover to draw up a Charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and conscience dealt worse with him then ever the Star-chamber did not only in keeping his Lawyers from him but even all maner of Councellors Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authrity over him to hear his charge read where he found the Earle of Manchester his professed enemy and the only party of a Lord concerned in the businesse to be his chief Judge contrary to that just Maxime of law That no man ought to be both party judge a practice which the unjust Star-chamber it self in the days of its tyranny did blush at and refuse to practise as was often seen in the Lord Coventries case c. And without any regard to the Earl of Manchesters impeachment in your House of treachery to his countrey by L. Gen. Cromwel which is commonly reported to be punctually and fully proved a charge of a higher nature then the Earl of Strafford for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Judge And a great wrong and injustice it is to the kingdome to permit him and to himself if innocent not to have had a legall tryall ere this to his justificat●on or condemnation And besides all this because your Petitioners husband stood to his appeal to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitrarily illegally and tyrannically sentenced your Petitioners said husband to pay 4000. l. to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie 7. years a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claim themselves to bee a House of Peers have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14. Ed. 35. which are delayes of justice or error in iudgement in inferior Courts only and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgement an expresse Cōmission from the King for their medling with it All which was wanting in the case of your Petitioners husband being begun and ended by themselves alone And also seeing that by the 29 of Magna Charta your Petitioners husband or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peers which Sir Ed Co●k in his exposition of Magna Charta which book is printed by your own speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprized Knights Esqu●res Gentlemen Citizens Y●ome● Burgesses of severall degrees but no Lords of Parliament And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his fre● Birth-right unlesse it be by the lawfull judgement that is verdict of his Equa●s that is saith he of men of his own condion or by the law of the land ●h●t is to speak it once for all By the due course processe of law Au saith he 〈◊〉 man shall be in any sort destroyed unlesse it be by the ve dict and judgement of his Peers that is eq●als ●r by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the true copy of which is in the hands of M. H. Mart●n they there record it That his case who was condemned by them for murdering King Edw. 2. shal not be drawn in future time into president because it was contrary to law they being not his Peers that is his Equals And forasmuch as the maner of their proceedings was contrary to all the former ways of the law publickly established by Parliament in this kingdom as appears by severall Statutes o o 5. Ed. 3. 5. 25. Ed. 3. 4. 28. E. 3. 3. 37. Ed. 3. 8. 38 Ed. 3. 9. 42 Ed. 3. 3. 17 Ri 2. 6. Rot. Parl. 43. E. 3. Sir lo. Alces case num 21 22 23 c. lib. 20. fol. 74. In case declar Marshalses ●ee Cook 2. part Instit fol. 464 which expresly say That none shall be imprisoned no● put out of his free-hold nor of his franchises nor free customes unless it be by the law of the land and that none shall be taken by Petition or suggestion made to the King or to his Councel unlesse it be by indictment or presentment of good and lawfull people of the same neighborhood where such deeds be done in due manner or by processe made or by Writ original at the common-common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p Pat. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * For though they summoned him up to their Bar June 10. 1646. Rot. part 2. 1. H. 4. mem 2. num 1. 27. Instit f. 51. Book declar 58 39 278 845. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate Iune 11. 1646 although he behaved himself then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till he be delivered by due course of Law but During their pleasure which Sir Edw. Cooke saith is illegall q q 2 part instit fol. 52 53. and then locked up close

of pag. 706 707 714. In the Records of 1 R. 2. Num 44. and R. 2. Num 34. and 40. Again it will clearly appear that there is a contract betwixt the King his People yea and such a one as ties up all his public official actions to be according unto Law and not according to the rule of his own Wi●l if we seriously weigh but the Lawes made and past this present Parliament but especially that for abolishing the Star-Chamber and regulating the Councell-Table the Act for abolishing the high Commission Court two Acts for the levying and pressing Souldiers and Marriners and an Act declaring unlawfull and void the late proceedings touching Ship-money And an Act for preventing vexatious proceedings touching the order of Knight-hood And an Act for the free bringing in and free making of Gun-powder But if all this will not serve let us a little further consider what the Parliament saith who are the States representative of all the individuals of the State universall of England Book Declar. pag. 171. 264. 336. 508 613. 628. 654. 655. 703. 705. 711. 724. 725. 726 728. 729 730. And therefore are the highest supreamest and greatest Court Counncel and Judge of this Kingdome pag. 141 143 197 207 213 271 272 278 280 281 303 457 693 703 704 711 718 725. And who may justly be called the legall Conservators of Englands Liberties 281 277 282 264 496 587 588 617 693 698. Yea the legall and publike eyes and heart of Englands Politike Body pag. 213 278 340 690. Of whom a dishonourable thing ought not to be conceived of them pag 281 654. much lesle to be acted or done by them pag. 150. And they say pag. 266. That the King hath not that right to the Towns and Forts in England which the people in generall have to their estates the Towns being no more the Kings own then the Kingdome is his own And his Kingdome is no more his own then his people are his own And if the King had a propriety in all his Towns what would become of the Subjects propriety in their houses therein And if he had a propriety in his Kingdom what would become of the Subjects propriety in their Lands throughout the Kingdom or of their Liberties if his Majestie had the same right in their persons that every Subject hath in their Lands or Goods and what should become of all the Subjects Interests in the Towns and Forts in the Kingdome and in the Kingdom it self if his Majestie might sell them or give them away or dispose of them at pleasure as a particular man may do with his Lands and his Goods This erroneous Maxime being infused in●o Princes that their Kingdoms are their owne and that they may do with them what they will as if their Kingdoms were for them and not they for their Kingdoms is the ●oot of all the Subjects misery and of the invading of their just Righ●s and Liberties whereas indeed they are only intrusted with their Kingdomes and with their Towns and with their People and with the publike Treasure of the Common-wealth and whatsoever is bought therewith And by the known Law of this Kingdom the very Jewels of the Crown are not the Kings proper Goods but are only intrusted to him for the use and ornament thereof As the Towns Forts Treasure Magazine Offices and the People of the Kingdome and the whole Kingdome it self is intrusted unto him for the good and safety and best advantage thereof And as this Trust is for the use of the Kingdom so ought it to be managed by the advice of the Houses of Parliament whom the Kingdom hath trusted for that purpose it being their duty to see it discharged according to the condition and true intent thereof and as much as in them lies by all possible meanes to hinder the contrary and therefore say they pag. 276. by the Statute of 25. Ed. 3. It is a levying of warre against the King when it is against his Lawes and Authority though it be not immediatly against his Person And the levying of Force against his Personall Commands though accompanied with his presence if it be not against his Lawes and Authority but in the maintainance thereof is no levying of warre against the King but for him for th●re is a great difference betwixt the King as King and the King as Charles Stuart And therefore say the Parliament pag. 279. That Treason which is against the Kingdome is more against the King then that which is against his Person because he is King for that very Treasor is not Treason as it is against him as a man but as a man that is a King and as he hath relation to the Kingdome and stands as a Person intrusted with the Kingdome discharging that Trust And therefore page 722. that Alexander Archbishop of Yorke Rob. Delleer Duke of Ireland Trisiilian L. chief Justice the rest in the time of Richard the 2. were guilty of Treason and so adjudged by two Acts of Parliament viz. 11. R. 2. 1. 2. and 1. H. 4. 3. and 4. which to this day are both in force for levying Forces against the Authority of Parliament and to put to death divers principall members of both Houses although they had the Kings expresse Command to do it and the promise of his presence to accompany them which yet for all that neither would nor did save their lives in regard as they say page 723. It is a known rule in Law that the Kings illegall Commands though accompanied with his presence do not excuse these that obey him therfore if the Kingdom be in danger and the King wil not hearken to the Parliament in those things that are necessary for the preservation of the peace and safety of the Kingdome Shall they stand and look on whilest the Kingdome runs to evident ruine and destruction No page 726 for safety and preservation is just in every individuall or particular page 44. 150. 207. 382. 466. 496. 637. 690. 722. much more in the Parliament who are the great and supream legall Councell from whom there is no legall appeale as is before declared Yea and in their Declaration of the 19. of May 1642. page ● 7. they tell us that this Law is as old as the Kingdome viz. That the Kingdom must not be without a meanes to preserve it selfe which that it might be done without confusion say they this Nation hath entrusted certain hands with a power to provide in an orderly and regular way for the good and safety of the whole which power by the constitution of this Kingdome is in his Majesty and in his Parliament together Yet since the Prince being but one person is more subject to accidents of nature and chance whereby the Common-wealth may be deprived of the fruit of that Trust which was in part reposed in him in cases of such necessity that the Kingdome may not be inforced presently to return to its first principall and every man

your perill and see that you ha●e there this Writ Witnesse Edw Cook 20. Nov. and the Tenth Yeare of Our Raign This is the usuall forme of the Writ of Habeas Corpus in the Kings-Bench vide Mich. 5. Edw. 4. Rot. 143. Coram Rege Kesars Case under the Test of Sir John Markeham REX Vicecom London salutem Praecipimus vobis quod habeatis Coram Justiciariis nostris apud Westm ' Die Jovis prox post In the common pleas for any man priviledged in that Court the like in the Exchequer quinque Septiman Pasche corpus A.B. quocunque nomine censeatur in prisona vestra sub custodia vestra detent ut dicitur una cum die causa captionis detentionis ejusdam ut iidem Justiciar nostri visa causa illa ulterius fieri fac quod de jure secundum legem cons●etudinem Regni nostri Angliae for et faciend habeatis ibi ●oc breve Test c. THE King to the Sheriffes of London greeting We command you that you have before Our Justices at Westminster upon Thursday next five weekes after Easter the Body of A. B. by what Name soever he be called being detained in your Prison under your custody togetherwith the day and cause of his Caption to the end that Our said Justices having seen the cause may further doe that which of right and according to the Law and Custome of Our Realm of England ought to have done or have there this Writ Witnesse c. The like Writ is to be granted out of the Chancery either in the time of the Term as in the Kings Dench or in the vacation for the Court of Chancery is offici●● just●●ia and is ever 〈◊〉 and never adjourned so as the subject being wrongfully imprisoned may have Justice for the liberty of his person as well in the Vacation-time as in the Terme By these Writs it manifestly appeareth that no man ought to be imprisoned but for some certain cause and these words Ad subjiciend re●ipiend c. prove that cause must be shewed for otherwise how can the Court take order therein according to Law And this is agreeable with that which is said in Holy Histd●y sine ratione ●ihi videtur mittere vinctum in carcerim cau as ●jus non signifit 〈◊〉 But since we wrote these things passed over too many other Acts of Parliament see now the Petition of Right Anno tertio Caroli Regis resolved in full Parliament by the King the Lords Spirituall and Temporall and the Commons which hath made an end of this question if any were Imprisonment doth not only extend to 〈◊〉 imprisonment and unjust but for detaining of the prisoner longer then hee ought where hee was at the first lawfully imprisoned If the Kings 〈◊〉 come to the 〈◊〉 deliver to the prisoner If he detain him this detaining is an imprisonment against the law of the land c. But look upon 〈◊〉 〈◊〉 Warrant● 〈…〉 committed and 〈◊〉 committed 〈…〉 and you 〈◊〉 not find one legall one amongst them all Now for the second thing before spoken of in the manner of his tryall which is That it ought by Law to have b● publike in the presence of all that had a mind to have heard it 〈◊〉 any restraint of any This I find to be claimed by Mr. Pryn at the tryall of Colonell Nat. Fines in the 11. page of his relation thereof which he desired That they might have a publike hearing and that the do●e might be set open and none excluded that would come in the which he saith ●e desired the rather because the Parliament the representative Body of the Kingdome had ordered a fair and equall tryall which he conceived as he told the Councell of Warre was to be a free and open one agreeable as he saith to the proceedings of Parliament and all other Courts of Justice in the Realm which stand open to all and from whence no Auditors are or ought to be excluded To which Mr. Dorisla answered that it was against the stile conrse of a Court-Marshall to be publike and open and therefore it might not be admitted upon any tearmes Unto which Mr. Will. Pryn replyed that hee was a common-Lawyer and by his profession his late Protestation and Covenant bound to maintain the fundamental laws of the kingdome and liberty of the Subject which he told the Councell of Warr they themselves had taken vp Armes c. to defend and maintain And saith he by the Lawes and Statutes of the Realm all Courts of Justice ever have been are and ought to be held openly and publikely not close like a Cabinet-Councell Witnesse all Courts of Justice at Westminster and else-where yea all our Assizes Sessions wherein men though indicted but for a private Fellony Murder or trespasse have alwayes open tryals He goes on and in the 12. page thereof tells him that not only Courts of common-Law but the Admiralty and all other Courts proceeding by the Rules of either of the civill or canon-Law the proceedings have ever been publike and the Courts open and even in 〈◊〉 proceedings by Martiall Law before a Conncell of Warre at the G●●●d-Hall of London at the tryall of Mr. Tompkin● 〈◊〉 and others it was publike and open in 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 of Parliament and the whole City no come●s 〈◊〉 〈◊〉 〈◊〉 And he positively tels the Councell of Warre a little further that it was both against the laws and subjects liberty as he humbly conceived to deny any prosecutor o● subject an open tryall And he gives divers reasons there for it he goes on and in the 13. page saith That the Parliament when it sits as a Conncell to consult debate or deliberate of the great and weighty affaires of the Kingdome is alwayes private and none but the Members or Officers of either House admitted to their consultations and debates But saith he as the Parliament is a Court of Justice to punish Malefactors so the proceedings of both or either House are alwayes publike as appears by the late Tryall of the Earle of Strafford in Westminster-Hall and infinite other presidents of antient and present time To which I may adde the Tryall of William Laud late Archbishop of Canterbury And this practice is suitable to what we read in Scripture that among the Iewes the Iudges sate openly in the City Gates the most publike place of all And truly he or they that will not suffer Justice to be executed and administred openly bewrayes their own guiltinesse and do thereby acknowledge that they are ashamed of their cause For saith Christ John 3. 20 21. Every one that doth evill hateth the light neither cometh to the light least his deeds should be reproved or discovered but he that doth truth cometh to the light that his deeds may be made manifest that they are wrought in God But so far were the Lords from this just way of permitting Lieutenant Col. Lilburn a publike tryall that the