Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	law_n	legal_a	2,470	5	10.2354	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96507	Truths triumph, or Treachery anatomized, being an impartiall discovery of the false, and treacherous information of M. Masterson, pretended minister of Christ at Shoreditch, against L.C.J. Lilburne, and I. Wildman, at the Lords Barre, January 18. 1647. concerning a meeting of severall honest men, in East Smithfield, Ian. 17. &c. In relation to which information, the said L.C. Lilburne stands committed to the Tower, and J. Wildman to the Fleet. With a true narrative of all the passages and discourses that passed at the said meeting, / as it was delivered at the Bar of the House of Commons, by J. Wildman, Ian. 19. 1647. Iohn VVildman.	Wildman, John, Sir, 1621?-1693.	1648 (1648)	Wing W2173; Thomason E520_33; ESTC R206186	24,304	20

in them and the removall of such a particular grievance is not worth blood or the hazzarding of a warre by continuing our divisions Unto this J added present necessitie did now call upon every man to stirre up all his strength in endeavouring such an union of the people in the principles of common right and freedom I told them that they felt by sad experience that trading was decayed and the price of food so excessive that it would even rend any pittifull heart to heare and see the cryes and teares of the poore who professe they are almost readie to famish and while our divisions continue and there be no settlement of the principles of freedome and iustice trading will but more decay every day Rumours and feares of Warre and the Army comming now into the City makes M●rchants unwilling to trust their goods in the City and exchange beyond sea falles and there will be no importing of goods and then there will be no exporting and so the staple commodities of the Kingdome which maintaines the constant trade will not tend to the advantage of the labourers and then most of the poore in the Kingdom which live by spinning carding c. will be ready to perish by famine Upon this occasion I told them what I heard at my Inn at the Sarrazens head in Friday street viz. that some Clothiers of Wiltshire came in who professed that trading was so dead that some of them who set at work formerly a 100. did not now set at work above a dozen or the like and that the poor did gather together in troops of 10. 20. 30. in the Roades and seized upon Corne as it was carrying to market and devided it among themselves before the owners faces telling them they could not starve and hereupon J inserted that in probabilitie a suddain confusion would follow if a speedie settlement were not procured But J further told them that J conceived no other probable way of preventing a new warre with the Scots and other forraigners but by uniting the people in the principles of common right and freedome wherein all are equally concerned and J said I believed it was intended that the large Petition should be sent into all parts of the Kingdome that if it be possible all might joyn in those desires And if God should be so propitious to this Nation then the Scots would dispaire of any Partizens or assistants amongst us and so would be more catious in adventuring to ingage in warre against us Now having thus convinced them of the necessity and their duty to put forth their utmost vigor in endeavouring the settlement of their freedomes I also attempted to demonstrate to them that there was no legall iustifiable way wherein they could seek for their freedomes or redresse of their common grievances but by petitioning this honourable House I told them there was no other visible Authority to whom they could seek or which is intrusted by the people with power to redresse their grievances or to make or repeale Lawes for the vindication clearing and securing their native rights and liberties and therefore their interest was involved and bound up in the interest of this house and though some Members of this House did not as we feared so intend pnblique good as we could wish yet if this visible authority was not supported and preserved from contempt a generall confusion would follow and the nation be laid wast desolate and by these or words to this effect the scruples were cleared After this there was occasion offered accidentally to discourse of the Lords Legislative or lawgiving power both of the rights and of the mischieses which have ensued upon their exercise of it and there I spake my opinion I told them I conceived they had no legall right to such a co-ordinate power in making Lawes with this Honourable House and I induced for a proof the Declaration of this House wherein you have given us a transcription of the Kings Oath out of the Records and averre that the King is sworn to passe and confirme by his authority such lawes as the people shall chuse * See their Rem of May 26. 1642. book decl pag. 712. 713. It was but a formality that lawes have bin carried to the King for his assent for it was wont usually to be done the last day of the Parl. and so his passing the Bills or lawes dissolved the Parl. and therfore observe when the King passed any Bill since this Parl. there is a proviso in the Act that the passing that Bill shall not dissolve the present session of Parl. See a little book of the manner of holding parl pag. 54 55. See the Arm. decl of Iune 14. 1647 book decl pag. 43. or as in the old translation the folkes or Commons shall chuse whereby the Lords are totally excluded from any interest in or right to the Legislative power seeing they neither professe themselves to be Commoners personally or to represent the Commons And thence J inferred that it was further evident from that Oath that the King himself had no right to the Law-making power for this Honourable House hath asserted and proved that he hath no legall power to dissent from the laws that you make then its irrational to imagine that there need be any assent or that it should be of any validity and hence J concluded that there was no colour of the Lords right to that power They are created Lords solely by the Kings will and sit by vertue of his pattent and the King himself being not intrusted with any share in that supream lawgiving power his pattents cannot invest the Lords with that power or trust And I yet further added that the law giving power is arbitrary in its own nature and to estate an arbitrary power in any whatsoever during life is inconsistent with freedome and with a iust government of a people by written lawes and renders any * State wheresoever it is no other then a Tyranny and the people no better then Vassalls but much more is it incompatible with a shadow of freedome to have such an arbitrary power discend in any Line from Generation to Generation forever Yea I told them that I conceived this was contrary to the common light of nature the very end of Government and the expresse words of the Scripture It s said Rom. 13. 4. That the Magistrate is the Minister of God for good now that implyes that persons which are intrusted with such power ought to be so qualified and accomplished that they may be sutable to exercise and improve their power for good otherwise the very end of Government is subverted Now how is it possible that there should be any assurance that a father furnished and compleated with all excellencys shall have an heire indowed with the least abilitie or capacitie of governing what 's more common then that the wisest Salomon may have an unworthy Rehoboam for his successour no man can promise that

and to delay and obstruct iustice 2. That they had deluded surprized and abused 〈◊〉 House to provoke the Army to distempers and re●and the reliefe of Jreland 3. That they endea●red the pulling the Armie in pieces to the danger of the Kingdoms peace 4. That they had en●voured to raise forces to list and procure to be listed Officers and Souldiers without the authority 〈◊〉 Parliament to imbroyle the kingdom in blood for their own desperate designes 5. That they had ●vited and ab●tted tumul●ous Reformado Officers to assemble at Westminster to offer violence to 〈◊〉 enforce the Parliament The House voted and declared about the 25. of June after the ex●biting this charge that by the Lawes of the Land no iudgement could be given to suspend those 〈◊〉 Members from sitting in the House before particulars were produced and proofs made q See the Manifesto of the Armie from Vxbridge Iune 27. upon these Votes book decl pag. 70. I have thus inlarged my discourse of this particular to satisfie all men that my desire of a 〈◊〉 warrant or commitment was grounded upon the Parliaments own Declarations as well a●●aw and that malice it self might not dare to adjudge me for that humble and peaceable desire 〈◊〉 contemner of the authority of Parliament for the preservation of which I shall run ●ch manifold hazzards Neither was there any necessity to speak thus much in relation to what Mr. Masterson informed against me For he accused me of no crime unlesse it be a crime to relate to honest ●n what I heard of the tumu●uo●snesse of the poor in Wiltshire or to tell them what I ●ard some Lords were willing to condiscend to in relation to their priviledges and their ●gislative power though this latter was fal●e and not spoken by me Now if any shall inquire how an order passed the House to commit me for treasonable and ●ious practises against the State J must returne an Jgnoramus it s transcendently above the ●sphere of my understanding But least the grisly aspect of such horrid words seeming to relate to some monstrous crimes ●ould ●ffright or amaze my friends I shall give them a briefe account of treason which yet is ●laid to my charge what it is in law and J shall not trifle about the derivation of the ●ord as from Trahir treacherously to betray c. All offences which are treason are comprehended literally and expresly in the Stat of 25. 〈◊〉 Edw. 3. c. 2. And this Statute hath been confirmed and more honour given to it by Par●ments then to any other except Magna Charta as the Stat. of the 1. Hen. 4. c. 10. Re●ing that whereas at a Parliament holden 21. R. 2. divers pains of Treason were ordained 〈◊〉 Statute in so much as there was no man did know how to behave himself to doe speak ●say for doubt of such paines It s enacted by the King the Lords and Commons that in no ●me to come any treason be adjudged of otherwise then it was ordained by the Stat of 25. ●d 3. c. 2. and the Stat. of 1. Ed. 6. c. 12. and 1. M● Ch. 1. Sess 1. Now all the offences which are contained in that Stat. of 25. Ed. 3. may be divided into six Classes the first concerneth death which is either a compassing or imagining the death of the King Queen or Prince and declaring the same by some Covert deed or a killing and murthering some Officer of ●stice in their places doing their offices as the Chancellor Treasurer Justices of the one ●ench and of the other Justices in O●re c The 2. kind of Treason is the violation of or carnall knowing of the Queen the Kings eldest daughter or the Princes wife The 3 is levy●g warre against the King The 4. is adhering to the Kings enemies within the Realm or without and declaring the same by Court Act. The 5. is counterfeiting the great Seale the ●ivie Seale the Kings coyne The 6. is bringing into the Realm counterfeit money to the likenesse of the Kings coyne Now unlesse an offence be within one of these Classes or heads its 〈◊〉 high treason See Cooks 3. part inst pag. 3. 4. But let the Reader observe that the King in this statute is taken in hispolitick capacity as he is a man there is no treason can be committed against him but only as he is a person trusted with such high authority and so th● levying warre against the Lawes and authority of the King is a levying warre against th● King r See the Parl. Rem of May 26 book decl pag. 727. though it be not against his person yea though those who levie the war have th● personall command of the King for it This Stat. provided sufficiently that the people should have a cleare rule whereby to measure their actions in case of treason so as to be secure from the Judges malice or injustice th● words are positive and exclusive as to them that they shall not judge any thing treason which 〈◊〉 not specified in this Act the word specified is to be observed which is as much as to say particularized or set down particularly But the saluo that the Judges in case of any Act not particularize● and supposed to be treason should defer iudgement and transferre the case to the King and Parliamen● who might declare it treason This made the rule of the peoples actions as to Parliaments to be wholly uncertain this saluo was like a drawn sword hanging over every mans head by the slender thre● of a consequence or illation And by this divers were condemned by the King and Parliament a● Traytors which could not have been condemned by the Statute one was transferred from th● Kings Bench to the Parliament in the 8. of Rich. the 2. and his fact was adiudged treaso● and in the 11. of the same King Rich. 2. the Duke of Jreland and Nevill Arch Bishop of Yor● were impeached of treason by Glocester Arundell and Warwick and though their facts wer● not treason by the Statute yet by vertue of the saluo they were convicted of treason and i● the 21. of Rich. 2. the King and Parliament reversed that sentence and by the same salu● those three Noble men their accusers were adiudged Traytors and in the 10. of Hen. 4. h● successor that revocation of the sentence against the Duke of Jreland and Nevell which wa● in the 21. of Rich. 2. was againe repealed and the sentence against them in the 11. of R. 〈◊〉 was established thus by this uncertain proviso treason was tossed to and fro and no ma● knew when he was safe because the rule of their actions were uncertaine according to the o● maxime misera servitas ubi ius est vagum et ●ncertam But in the Parliament of the 1. H. a petition was preferred to have Treason limited with● in some statute because they knew not what to speak nor what to do least it be adiudged treason and hereupon was that statute

strengthen their hands in their effectuall proceedings according to the late Votes then any Paper subscribed onely with Three or foure or 5000 Men. Some other contingent discourse passed and something like to that which this Informer falsly averres to be spoken by me was spoken by another Gentleman in the meeting viz. He said that some which were neere to some Lords had beene that day with me and toled me that some Lords were willing that their Legislative Power which they exercise should not discend to their Posterities as an inheritance that they could freely part with their Priviledge or Freedome from Arests and be subject to the Law to be compelled as others may in case of default to pay their * This was the only thing which Mr. Masterson informed against me to my face at the house of Common● Barre which if it were true were no crime yet the thing is false as to me being not spoken by me Debts One passage more J remember I heard from some in the meeting viz. That the large Petition did cost money for the Printing and whosoever pleased might contribute either Two-pence 6. d. or 12. d. toward the charges that were incident to Printing and dispersing This is the summe and effect of what I spake at the House of Commons barre and I could not then remember any other materiall passage in discourse or any other considerable circumstance at the meeting yet by recollecting my thoughts I remember a passage or two more viz. One at the meeting inquired of L. Colonel Lilburne whether there was any truth in the rumour that the Lords had sent to him to offer him 3000. l. to desist the promotion of the c This qu● the informer changed to an affirmation with a large addition averring that L. C. Lilburne should say that the Lords had offered him 3000 pounds to desist frō promoting the large Petition large Petition but Lieut. Colonel Lilburne answered That it was a false groundlesse report neither did hee imagine what should be the originall or occasion of that rumour unlesse it were this That a Lord sent to him in relation to his particular businesse to tell him that he conceived hee suffered much want and hardship by the Lords and that he could not but be reduced to a necessitous condition by his Imprisonment and therefore he had a considerable token for him if hee thought it would be accepted as love and not dispised to this said he I answered that any favour could not but be an ingagement to an ingenious spirit to serve the Donor and that hee would not be ingaged to any Pattentee Lord who claimed a right to the Law-giving Power by vertue of a Patent from the King but if that Lord would reject his Patentee Lordship and be content to be chosen by his Country as a Knight of the Shire hee should then accept the smallest token of his Love if it were but five shillings One thing more comes to my mind viz. Lieut. Colonel Lilburne speaking of the necessity of uniting all sorts of people in the Principles of Freedome which are of common concernment and that hee conceived there was no other possible way to prevent confusion he added that if God should not suffer it to be prevented yet in a generall confusion hee was confident that those who should be knowne to have promoted the Large Petition which equally concerned the good of all men should be more safe then hee that should weare a blew Ribband in his f This I heare the Informer turned thus that L. C. Lilburne should say That hee intended to raise the People and that his friends should have the Large Petition in their hands and blue Ribbands in their Hats Hat Curteous Reader thou hast now the impartiall narrative of all the Passages of that meeting where the common bruit of the unworthy Pamphletiers say such a dangerous Designe was layd I wish the most piercing Eagle-eye would make the exactest search into all my discourse and demeanours in this businesse and discover to me an erratum according to the rigour of the Law or Justice even in the least Punctilio The Informer charged me with no colourable crime though whatsoever he said to my face had been true in every punctum and as for Witnesses none were called or examined though the Diurnall mans Pen could beare no true inke in that particuler yet those two Persons whom the informer brought as pretended Witnesses confessed as I can prove by Oath That there was nothing spoken at the Meeting for which J am accused but what rended to advance the Parliaments honour or words to that effect But upon what invisible grounds I know not in the Evening this ensuing Order passed the House Diae Mercurii 19 Januar. 1647. IT s this day resolved upon the Qnestion by the Commons in Parliament assembled That Mr. Iohn Wildman be Committed to the Fleet in Order to his tryall according to Law for treasonable and seditious Practises against the State Hen. Elsinge Cler. Parl. Dom. Com. In prosecution of this Order Mr. Speaker issued forth to the Serjeant at Armes this ensuing Warrant BY vertue of an Order of the House of Commons these are to require you to receive from the Serjeant at Armes or his Deputy the body of Mr. John Wildman into the Prison of the Fleet London and him there to detaine in safe Custody as your Prisoner in order to his tryall according to Law for treasonable and seditious Practises against the State untill the pleasure of the House bee further signified And for so doing this shall be your Warrant Dat. 19 Ianuary 1647. WILLIAM LENTHALI Speaker The Serjant at Armes sending this warrant I refused to serrender my Liberty unlesse he would force it from me because I conceived the warrant to be illegall and upon the same account I refused also the next day untill force was brought though then that clause vntill the pleasure of the House be further signified was expnnged and then I told them that if Theefes meet me upon Newmarket Heath and will have my Purse if they be too strong for me I judge it wisdome to surrender my Purse rather then hazard my life and I protest here I yeeld to you my Liberty upon the same reason only Now least this my deportment should be matter of offence to any or scandall to my selfe as if I sleighted that supreame Authority of Parliament which I have so vigorusly contended to maintaine I shall give a faithfull account of the reason of my demeanour First there was no shadow of a Legall crime not so much as a misdemeanour objected to my face against me by the informer and to this I may add that though the information had been of somthing criminall yet being onely a verball uncertaine information or suggestion its contrary to Magna Charta to the Stat. of 5. Ed. 3. 9. 2 of Ed. 3. 4 28. Ed. 3. 3. 42. Ed. 3. 3. that my Liberty should be taken

from me upon that ground only and hereupon I desired on Thursday the 20 of Ian. onely somuch favour as to be heard speake for my selfe in this particular Secondly Suppose a crime had been objected against me yet the warrant for my commitment was wholly illegall Let me not be mistaken as if I intended to bound the power and jurisdiction of Parliament any further then common equity and reason limits them which is naturally implied and supposed to be a Law to Legislators even from that annallogy which all bodys politick hold with the naturall whence all governours and governments borrow a proportionable respect hence I conceive that an act of parliament against common right or reason or repugnant or impossible to be performed is null and voyd in it selfe as supposing an act of Parliament should be made to constitute a man judge in his own case it were voyd in it selfe and I judge this to be the ground of executing that exemplary justice upon Empson and Dudley for putting in execution that Act of Parliament in the 11 of Hen. 7. C. 3. that Act of Parliament was against common equity and reason the words are these be it enacted that the Iustices of the Assizes and Iustices of the peace upon information for the King before them to be made have full power and Authority by their descretion to heare and determine all offences and contempts c. g See Cookes Instit 4. part pag. 40. First here the Iustices were authorised to proceed upon information without any indictment second to judge by their discretion and not according to the Law and custome of England as all proceedings ought to be now this being against common right and reason the Act was null and voyd in it selfe and Empson and Dudley Iustices died justly for what they did according to this Act as though there had been no such Act. Neverthelesse I conceive the maxime that this Parliament declared in their Remonstranee of May 26. 1642 book decl p. 281. stands impregnable viz. that those which shall guide themselves by the judgement of Parliament ought whatsoever happen to be secure and free from all account and penaltys but it is naturally and necessarily supposed that the judgement of Parliament cannot be against common equity or reason as when the Law made it petty treason for a servant to kill his master it was not made such a hanious crime for a child to kill his father the reason was because the Law supposed it to be a thing so abhorred of nature that such a fact would never be committed and likewise it s not to be supposed that the judgement of Parliament should be contrary to common reason or equity and therefore such limitations are not expressed in any maximes relating to the power of Parliaments yet they are necessarily implied but I beleeve the freedomes of this Nation will never be secure untill the extent of the power and trust of the peoples representatives and the peoples reservations to themselves be clearely declared This I speake in referrence to their legislative power of which onely I conceive that maxime in the Law concerning the Parliament is to be understood viz. Leges latent in ●ectoribus the Laws are hidden in the Parliaments brests But as to the Parliaments power in executing Lawes upon such offenders as do properly and originally come under their cognizance in my humble opinion they are obliged to proceed in the legall and ordinary way of putting the Lawes in execution this Sr. Edw. Cooke 4 part instit p. 3● expressely affirmes saith he Where by order of Law a man cannot be ●●tainted of high treason unlesse the offence be in Law high treason he ought not to be attainted by generall words of high treason by authority of Parliament but the high treason ought to be specially expressed And when King Hen. eight enquired of the chiefe Iustices whether a man that was h See Cooke instit 4. part 137. forth coming ought to be attained of high treason by Parliament and never called to his answere the Iudges answered that the high Court of Parliament ought to give examples to inferiour Courts in proceeding according to Iustice no inferiour Court could doe the like Let their judgement be duly observed they said no inferiour Court could so proceed and therefore muchlesse the Parliament who ought so to observe the Laws and rules of justice as to be patternes of justice to other Courts and the rather because from them there is no appeale so that the argument is a minor ad majus Indeed the high Court of Parliament hath a power of declaring the Law in particular cases before them and they say they have not claimed it nor exercised it otherwise to be obligatory as a Judiciall declaration of the Law i See the Parlm Rem of May 26 1 part book de p. 721. but observe this power is to be exercised about Lawes which may be taken by way of consequence equity or construction not about penall declarative Lawes such must be taken by the letter onely otherwise they should implie a contradiction to themselves and be no more declarative Lawes but Lawes of construction or constitutive so that this their judiciall power in declaring Laws exempts them not from an obligation to proceed according to Law in executing any penall declarative Lawes such as are the Lawes against treason c. But the Parliaments Legislative power hath its exercise in this case they may repeale any penall declarative Law or enact any new Law declaring what shall be treason or petty treason c. But every supposed offender ought to injoye the benefit of any Law which was unrepealed at the time of his supposed offence neither can any Law enacted after the imagined crime of any man be the rule by which such a criminall person shall be tried or judged Rom. 4. the script saith expressely Where there is no law there is no transgression and I may say further where the Law is not declared it bindes not nor can any man justly suffer any punishment for the breach of such a law It s a knowne maxime of the Law de non existontibus et non apparentibus eadem est ratio there is no difference between Lawes not made and Lawes not declared and therefore of old all the Acts made by any Parliament were by the Sheriffe of every County of England Proclaimed and published in all places through his Bayliwick and the Kings writt issued forth to every Sheriffe to that purpose k See Cooks instit 4 par c. 1 p 16 Now I conceive I may conclude that the Parliament ought to proceed in the ordinary legall way of executing at least the penall lawes and if it were otherwise their were no law in England during the seting of Parliaments for if the Lawes which bind to such and such manner of ●roceedings be not obligatory to the Parliament then no other Laws which declares offences and the penalty of