Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	call_v	king_n	law_n	3,185	5	4.7509	4	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

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

156. or for defect in●●state or other abilit●es or for disaffection or partiallity or for any infamous crime And hereby the Iudges of the party accused may certainly be indifferent equall and impartiall Fourthly The matter of fact is only entrusted in the Iury and the matter of Law to the Iudge for the preventing of all errours confederacies or partiallity The Iudge is sworne to do justice to all according to law without respect of persons † Read his Oath at large made in the 18 Ed. 3. an 1344. and printed in Pultons col of statute fol. 144 and L. C. Iohn Lilburnes booke called the peoples prerogative pag 10. and the Iury are sworne to find according to their evidence Now the said A. B. further saith That from these reasons whereupon the Law recited was made and inacted it is cleare and evident that the tryall of any commoner pertaines not to this House In the least who the Law of England were never appointed to be the executors thereof in any case whatsoever The Members of this House cannot be of the neighbourhood where the crimes of all Commeners are committed and cannot be presumed to have any cognizance of the facts or parties offending neither do they allow themselves to be tryed by commoners so as to be bound to indifferencie and impartiallity from the knowledge that the Commoners whom they try may possible be of a Iury * And heare it is worth observation that if a difference or controversie for land or money c. happen between a Peere of Parliament and a Commoner the jury who is to end the controveresi may by law be ordinary freeholders so one single Knight be returned amongst them 1 part inst lib. 3 chap 12. Sect. 134. to 156. and the same holds in attainder of treason or Felony 17 Ed 2 attaint 69 3 part insti fol. 26. there must be an indictment of Peeres for reason by twelve men of the neighbourhood where the offence was committed and ofter they are to receive a tryall or judgement by twelve Peers at least H. 4. fol. 19 ct 13 H 8 fol. 12 10. E. 3. fol 46 ● 3 a part insti fol. 28. and the one must not be changed no more the than other and in confirmation thereof that which was done after the condemnation of Sir Simon de Berisford is famous it is to be found Rot. Parl. 4. Ed. 3. Num. 2. And in the Rolls of Chancery it was enacted or at least adjudged That albeit the Lords and Peers of the Realme as Judges of the Parliament in the presence of the King had taken upon them to give judgement in case of Treason and Felony of such as were not Peers of the Realme that after that time no Peers should give Judgement upon others then upon themselves according to Law And A. B. further saith that though this Record should be granted to be no Act yet it is a solemne Judgment of the House of Lords and therefore binding to themselves who ingeniously confesse They can not nor shall not hereafter judge Commoners because it is against the Law of the land for them so to do for their tryall in a short time neither can the said A. B. nor any other Commoner whom this House would try challenge in the case of treason thirty five of the Members thereof for the whole house a mounts very seldome to that number neither will this House allow him the said A. B. to challenge any one Lord or Member thereof though he should alleadge disaffection partiallity or that he is an engaged party an examiner or prosecuter secretly or openly neither is any Member of this House sworn to judge according to Law or in matter of fact according to evidence And the said A. B. further saith that Magna Charta before recited being not onely a Statute but also a Declaration of the Common Law ●o Custome or presidents can be of any force in Law against it for if your House can make presidents against both common and Statute Law to condemne one Commoner of England either in his life liberty or estate by the same right you may condemne a hundred a thousand yea the whole House of Commons it selfe who by this account are but meere cyphers and all the Judges in Westminster Hall c. are but cyphers yea and all the Lawes in England stand but for meere cyphers and the said A. B. and all the rest of the Commons of England are thereby the perfectest slaves this day upon the face of the earth and the end of all Government in clearly overthrowne viz. the weale and safety of the people and no law left in England but your Lordships will and pleasures for any man in the Kingdome to hold or preserve any thing he possesseth by whether it be life liberty or estate and so the absolutest subversion of liberty and property is brought in amongst us that can be in the world And therefore the said A. B. resolvedly saith that if your Lordships shall shew him as many presidents as will fill your House that you have in all ages adjudged and condemned Commonors at your Barre yet he values them to more in comparison to the severall Acts of Parliament and the common Law of the Land which is right reason which is above Acts and the Law and rule to make Acts by that he hath before cited which are point-blank against your Lordships Jurisdiction ever Commoners then he values the wind that blowes And the said A. B. further saith that if your Lordships can make and create presidents to destroy so many scores of Acts of Parliament which have for many hundred yeares confirmed the 29 Chapter of Magna Charta when they have been the fullest and freest and which legally are in force and unrepealed to this houre yea and pluck up the fundamentall common Law of England by the very roots then why do your Lordships cozen blinde deceive and delude the people of England in suffering the King and the House of Commons nominally to beare the name of coadjutors with you in making Lawes And the said A. B. further saith that seeing both the Statute and Common Law is so expresly against your Lordships exercising Jurisdiction over Commoners that though some by force feare or ignorance have stooped or submitted to your Lordships Jurisdiction yet in Law submission is to no effect nor no strength to the judgement where the matter is coram non Judice and though in former time there was no demurrer or exception to your Lordships Jurisdiction over Commoners yet now there is and therefore the forecited Lawes and Judgement are exception in law sufficient of themselves to me or any other Commoner whatsoever that shall make use of them and for your Lordships to claime a jurisdiction over me a Commoner from no legaller a ground then because your predecessors have granted it before you is to set up an argument to justifie all the wickednesse in the world and as sound