Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	king_n	power_n	5,492	5	5.0298	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84218	An exact relation of the tryall & examination of John Morris, governour of Pontefract-Castle, at the assizes held at York: together with his speeches, prayers, and other passages immediately before his death, the 23. of Aug. 1649. Whereunto is added, the speech of Cornet Blackburne, executed at the same time.	Morris, John, 1617?-1649.; Blackborne, Michael, d. 1649.	1649 (1649)	Wing E3699; Thomason E572_27; ESTC R201952	8,072	11

AN EXACT RELATION OF THE TRYALL EXAMINATION OF JOHN MORRIS Governour of Pontefract-Castle At the Assizes held at York Together with His Speeches Prayers and other passages immediately before his death the 23. of Aug. 1649. Whereunto is added The Speech of Cornet BLACKBURNE Executed at the same time Printed in the Yeare 1649. An Account of the Passages concerning the Tryall of Col IOHN MORRIS and Cornet BLACKBURNE at the Assizes at the Castle of York before Iohn Puleston and Baron Thorpe Justices of Assizes the 16. of August Anno Dom. 1649. COlonel Morris being demanded to hold up his hand refused and the Indictment was read against him for Treason for leavying War against the late King and the Parliament upon Stat. Ed. 5. The Court desired him to plead Guilty or Not Guilty Col. Morris Ans My Lords under correction I conceive this Court hath not power to try me in this case I being a Martiall man I ought to be tryed by a Councel of War Court Sir What doe you say Are you guilty or not guilty This is the second time you have been asked Sir if you will not answer the third time we shall know what to doe Are you guilty or Not guilty Col. Morris My Lords I still conceive I ought not to be tryed here if I have done any thing worthy of death I appeale to a Martiall Court to my Lo Fairfax Major Generall or a generall Councel of War You have not any president for it either for you to try me in this way or me to suffer by it Court Are you guilty or not guilty This is the third time Col. Morris My Lords if your Honours will force me to plead I conceive I am not guilty Court How will you be tryed Col. Morris My Lords I was never at any Bar before I am ignorant herein Court Tell him what to say Upon that some neere him tell him By God and the Country Col. Mor. By God and the Country After that challenge is made for Col Morris to except against any of the Jury Master Brooke a great man for the Cause comes first retorned to be sworne as Fore-man of the Jury Col Mor. My Lords I except against this Brooke Court Sir he is sworne and you speake too late Col Mor. My Lord I appeale to himselfe whether he be sworne or no. Mr. Brook Sir I am not to answer you but the Court My Lord I did not kisse the Booke Court Sir that is no matter it 's but a Ceremony Col Mor. My Lords I beseech your Honours that I may except against him I know him as well as I know my right hand to be my Enemy Clark of assize Sir he is recorded sworne there is do disputing against the Record Col Mor. My Lords I must Submit to your Honours after that Col Morris challenges 16 Men and my Lord Puleston thinking Col Morris tedious in excepting against so many Answers Sir keep within your compasse or I will give you such a blow as will strike off your head Col Mor. My Lords I desire nothing but Justice for by the Statute of 14 Hen. 7. fol. 19. I may lawfully challenge 35 men without shewing any cause to the contrary Court It is granted After a full Jury the Indictment read and Evidence for the State very full that Col Morris was Governour of Pontefract which Morris being very Modest and Civill did not contradict any thing untill his time of answer Col Mor. My Lords I humbly desire a Coppy of my Indictment that I may know what to answer I conceive I may pleade speciall as well as Generall Court Sirs you cannot by the Law Col Mor. My Lords I conceive there is point of Law in it and I humbly desire to have Councell for I conceive by the Law being attainted for High Treason I ought to have Councell by the Statute 1 Hell 7. fol. 23. Court Sir I tell you you cannot have it Col Mor. Then my Lords I conceive I am not any way guilty to the Indictment for Treason My Lords It is said to be against the King his Crowne and against his Peace whereby my Lords I can make it appeare I have acted onely for the King and nothing against him which may appeare hereby by my Commission The Court looks upon it and Answers Court Sirs you are deceived this is false it is from the Prince Col Mor. My Lords It is very well knowne my Lord Fairfax hath his Commission derived from the Parliament and upon that he grants Commission to his Officers which is all one and the same The Prince hath his from his Father and I have mine from the Prince which is full Power he being Captain Generall of his Majesties Forces Court Sir have you nothing else to say Col Mor. My Lords under Correction I conceive it is sufficient for by the same power all Judges Justices of Peace your Lordships your Predecessors and all other Officers did act by the same power and all processe and writs of Law were acted and Executed in his name and by his Authority Court His power was not in him but the Kingdome for he was in trust for the Kingdome the Kings High-way and the Kings Coyne being so called is not his owne but his Subjects and his Naturall power and Legall power are different Col Mor. My Lords under Correction I conceive his Legall and Personall power are undevisable all one and cannot be seperated Court Sirs all is one if the King bid me kill a man Is this a sufficient Warrant for me to pleade no Sir it is unlawfull Sir have you no more Col Mor. Sirs I beseech your Honours give me leave I am upon my Life Court Speake what you will Sir you shall be heard Col Mor. Your servant my Lord then my Lords I conceive I have acted nothing against the Parliament for that which I acted It was for the King and since the abolishing of Regall power I have not medled with any thing against the Parliament for that act was but inacted the 14 of Iuly last and before that time and act of Abolishing Kingly-government that Princely Palace which I kept by his Commission was demollished my Lords I beseech your Honours that my Commission may be read to give satisfaction to the Court. My Lord Puleston Sir it will doe you no good you may as well shew a Commission from the Pope all is one Col Mor. My Lords I desire your Lordships doe me that Justice My Lord Thorpe For my part I am willing if my Brother be not against it My Lord Puleston Sir we held it for Law to be void it is to no purpose Col Mor. Then if your Lordships be not pleased to doe me that justice that it may be read I desire it may be restored me againe Upon that Col Morris received his Commission unread My Lords it seemeth strange that your Honours should doe that which was never done the like before never any of

your Predecessors ever did the like I wish it may not be to your owne and your friends wrong that you make your selves presidents of your acting and my selfe of suffering But my Lords I doe not speak for saving my own life for I thanke my God I am prepared and very willing to part with this lump of clay I have had a large time of repentance it being 22. weeks since my imprisonment and I am sorry for those which are like to undergoe the same sufferings if your Lordships take away my life And though I doe not speak any way in glory indeed at this present there is a cloud hanging over our heads I desire there may be a faire Sun-shine to dispell it And though there were a world of plots in the Kingdome when I took the Castle there is not wanting the same now onely the time is not yet come and as I was to be the fire-brand to Scarborough so he meaning Bointon to Tinmouth and that to others and though you take away my life there will be others which will take up the Lintstock to give fire though I be gone Court Sir you have little hopes to talke of any fire to be given here having received such a totall rout in Ireland Col Mor. My Lords I should have been unwilling to have contradicted your late newes concerning Ireland but since you have given me a hint of it you must give me leave to let your Honours know that I received Letters from the Marquesse of Ormond dated the 3. of August and yours is but the 2. wherein he pleases to let me understand of the great care he hath of me and that whatsoever shall befall me here the like shall be to those which he hath Prisoners there which as he saith are good store Therefore if your Lordships did not at all value my Person yet methinks you should have some care of it for your owne friends goods Court Sir have you no more to say Col Mor My Lords still I appeale to my Commission which I conceive is sufficient to defend me withall in what I have done notwithstanding your power to the contrary Court It is nothing at all we have power to try you here Col Mor. Then my Lords under correction Lay-men may as well be tryed at a Martiall Court which if granted those excellent Acts of Magna Charta and the Petition of Right would be destroyed Court But you are not looked upon here as a Soldier we shall doe what in justice belongs us Col Mor My Lords still under correction I have taken the Oath of Allegeance and I conceive in that I was bound to doe as much as I did or have done though I had not had any Commission at all And I beseech your Lordships that you will doe me justice and not incline to the right hand of affection or the left of hatred but to have an eare for the accused as well as for the accuser Neither have I acted any thing contrary to my Allegeance which Allegeance I was as willing to pay to the Sonne as well as to the Father Now for my Allegeance I owe to any person or authority but to these I know none My Lo Thorpe Sir if you have any thing else to say speak for your selfe for this is not much to the purpose Col Mor My Lo t is true since you have rejected that authority which I acted by I might as well have held my tongue at the first and spake nothing were it not for the satisfaction of the hearers but if it must be so that you will make me a president you must doe with me as you did with my deare and honoured Lord meaning my Lo of Strafford making an Act for the future that this my suffering shall not be a president to any Soldiers hereafter Besides my Lo this same Statute which you alledge against me is if that any shall act against the King t is Treason which I have not done but contrary for him and by his authority And there is an Act of 11 Hen. 7. cap. 1. That whosoever they are that shall aid or assist the King at home or abroad shall not be questioned at all My Lo Thorpe T is true Sir but Hen. 7. then stood in a fickle condition and being an Usurper made that Act for his owne safety sometimes Duke of Yorke ruling sometimes Duke of Lancaster and others contending therefore it was enacted Col Mor My Lo But this same Act of Hen. 7. was later then that of Ed 3. which you have laid against me and as yet was never repealed untill this last Act of 14 of July before which time I had delivered up the place My Lo Thorpe Well Sir it seemes you have not any more What have you to say Blackburne After he had answered the Court commands Irons to be laid on them Col Morris My Lo I humbly desire that we may not be mannacled if you make any doubt of us that we may have a greater guard upon us My Lo Puleston Sir you that have made such attempts through such guards as were of purpose set to receive you ought to be lookt to now Yet if Master Sheriffe please I am content Col Mor. Master Sheriffe I desire that this mannacling may be forborne if you please to clap a guard of 100 men upon us I shall pay for it This is not onely a disgrace to me but in generall to all Soldiers which doth more trouble me then the losse of my life Master Sheriffe what doe you say Master Shreiffe Sir Irons are the safest guards Col Mor. My Lords hitherto I thanke God I have not done any unsouldiary or base act and to begin now I will not doe it to save my life and though you looke upon me Sampson-wise I vow to God I would not touch the pillars though it lay in my power to injure you therefore I still begg pardon that I may not be mannaccled Under Shreiffe Come Sir it cannot be helpt we are commanded Col Mor. My Lords I beseech you grant me this favour it is not my life I begg but to forbeare this manaccling which shame and dishonour doth more trouble me then the losse of my Life Under Shreiffe It must be done and upon that did it and carried him away After dinner they were brought againe and the Jury brought in their verdict who found them both guilty of Treason Col Mor. My Lord I am here found guilty of Treason by that villaine Brooke whom I know to be mine enemy and the first man that I did except against in which I conceive I have received hard measure for none could have found me guilty of Treason had they gone according to the Letter of the Law which they did not My Lo Puleston Sir you speake too late you are not to dispute it now Col Mor. Neither would I my Lord if this were a Court of Chancery but being a Court of Law bound up in