Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	great_a	see_v	word_n	2,798	5	3.6685	3	true

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

made of the 1. of H. 4. c. 10. whereby that uncertain proviso was repealed and it was inacted that in times to come nothing should be esteemed treason but what was litterally contained in the Statute of 25. E. 3. c. 2. And in the 1. of Ma. S● 1. this was confirmed that nothing should be adiudged high Treason pettie Treason 〈◊〉 Misprision of Treason but what was declared and expressed in the 25. of Ed. 3. c. 2. This wo● expressed saith Cook 3. part instit p. 24. excludedeth all implications or inferences whatsoever See Cooks 3. part instit p. 9. Now nihill relictum est arbitrio iudicis neque parliamenti there is no constructive nor i●terpretative treason by arguments a minori ad maius or a simili either from the like fact 〈◊〉 from the lesser to the greater Neither is there any intentionall treason saving against th● Kings life If persons should conspire to levie Warre it were no treason for by the Statu● there must be levying warre in facto actually before it be treason Now in my humble opinion the King by consequence or influence cannot iustly decla● the act of any man to be treason according to this statute unlesse it be contained in the expresse letter thereof and I humbly offer these reasons 1. This Statute is a declarative Law and should it be taken by equity or construction th● implyes a contradiction 2. This is a penall law and such can admit of no construction or i●ferences Penalties are to perswade to the keeping of known lawes not of Lawes coniectura● ambiguous and to be taken by consequence which perhaps the most learned Lawyers may n● imagine to be intended by them and much lesse the people Doubtlesse they are to concer● that in case they obey the statutes according to the Letter they are not lyable to any penal● And J find that the Parliameut in the 13. of Eliz. did exactly observe this law that nothing should by vertue of the statute be interpretative treason They might have very plausibly have impeached those of treason which brought the Popes Buls from Rome to stir up the people to mutiny and rebellion and to take away the Queens life but this fact was not contained in the preceeding statute and therefore the persons not iustly guiltie of treason seeing they transgtessed no declarative law yet that Parliament declared it to be treason for the time to come during the Queens life for any person to bring such Bulls from Rome to stirre up the people to mutiny Thus every Parliament may declare what crimes they please to bee treason but by common reason or light of nature those statutes must referre only to future obedience a reall crime committed before the making of a statute cannot be a breach of that statute because it was not extant in rerum natura Now let honest hearts which J understand be too many that are troubled at my restraint upon pretence of treasonable practises set them J say be satisfied from their own reason Let them iudge whether a loving peaceable discourse with honest men at a meeting to which J was invited wherein the sole purpose and intent of our hearts was to unite all wel minded people in matters of common concernment that the distractions of the nation might be healed and those clouds of blood diverted which are now impending Jn which discourse it was laid down as the principle maxime that the authoritie of the Commons in Parliament must be preserved and freed from contempt Whether this discourse J say can be either by the letter of the law treasonable or by construction if that should be admitted and malice it self made Judge Quest But some may yet inquire whether J cannot imagine for what crime the Parliament should suspect me Answer I must professe J reckon their restraining my person inter arcanu imperij amongst the mysteries of state and its opus Herculium a work for Hercules in my opinion to find the suspected Crime yet I have ercted in my self a new Jnquisitiou office for that purpose and J shall give you a copy of some of the examinations taken Interro 1 Were not you suspected for promoting the large petition Answer This was not objected against me by the informer neither could it be said that I had either subscribed or procured any to subscribe it but suppose I had gained 10000. subsribers to that Petition doublesse Petioners cannot be found in the Parliaments catalogue of sinners sure I am I have seene their names in red Characters for Saints in their Kalender in the yeare 1642. when the Lords would not concurre in the Ordinance for setling the Militia the Petitioners of Surrey and Hartford shire which in effect desired leave to protest against those Lords which would not agree to the votes of the Commons those Petioners J say were accounted amongst not the lowest order of Englands worthyes and many thousands of poore about London which petitioned against the Malignant faction and desired that those Peeres which concurred with the Commons in their happy votes mght be desired to sit and vote with the Commons as one intire body though the language of the petition was threatning saying they should be inforced to lay hold on the next remedie which was at hand to remove the disturbers of their peace c. these Petitioners were accounted gallant English Champions and their petitions sent by the Commons to the Lords at a conference and such Constables were checked as attempted to disturb the people which met in great multitudes to subscribe petitions against things established by law and a Justice of the peace committed to the See 1. part book decl ●p●ge 547 548. Tower for executing a warrant from the Lords for seting watches under p●etence of avoiding Tumults to hinder the peoples resorting in great mnltitudes to the House to preferre petitions t See first book decl pag. 532. yea the Lords and Commons both in their Remon of May 26. 1642. acknowledged it to be their duty to receive petitions these are the words we acknowledge that we have received petitions for the removall of things established by law and we must say and all that know what belong to the course and practise of Parliaments wil say that we OVGHT to do so u See first parr book dec p. 720. and upon the late London petition in Novem. last the Commons declared that it was the people● right to petition and their right to iudge of Petitions whence it is clearly to be inferred that it is the peoples right to petition for whatsoever seemes good to them though it be really evill otherwise it were not the Parliaments right to judge of their petitions certainly it is not the Parliaments right to walke contrary to common equity or to reject the good desires of the people promoted questionles the Armys eye could not with patience reade in the petition● of the bil of scandalous sinners An order to suppresse a petition was the

offenders are binding and consequently the Liberty estate and life of every man is subject to there absolute wills● nay should it be granted that the Parliament may proceed against and imprison try judge or censure supposed offenders contrary to the kowne laws and the ordinary proceedings therein all the people are the worst of vassalls in the time of Parliament being in effect without a Law whereby to put a difference between good and evill between just and unjust and yet being in danger of the losse of estates Liberties lives for doing what they conceive most purely just in case others shall judge it unjust It s the Law which is the safegard the custody of all private interests the estates Liberties and lives of all are in the keeping of the Law And therefore the Parliament in their Rem of May 26. 1642. 1 book of decl p. 693. justly testifies an indignation in their spirits against that scandall which Reader observe that cases of necessity in time of warre are always to be excepted necessity dissolves all Lawes and such cases proceeding must be arbitrary the King cast upon them viz. that they disposed of all the subjects lives and fortunes by their owne votes contrary to the knowne law of the land upon these grounds I hope I may say without offence that the warrant was illegall and the illegality was not in a punctilio but in the principle clause for there is no particular crime expressed in it● and Sr. Edw. Cooke in the second part of institute saith its the speciall thing required by act of Parliament to make a Mittimus legall that the cause be expressed with such convenient certainty as it may appeare judicially that the offence requires such a judgement as in case a person be committed for high treason it s not sufficent that it be expressed in the Mittimus for high treason but it must be more particularly for high treason against the person of the King or for counterfeiting the broad seale or the mony of the King c and in case it be for petty treason it ought to be declared in the Mittimus as for the death of A. B. his Master and so for fellony for the death that C. B. or for stealing a horse c. and it s to be observed that an indictmeut ought to rehearse the effect of the Mittimus which directly proveth that the cause in such a generall certainty ought to be shewed read Cooks exposition of Magna Charta 29 for further satisfaction and that of Festus in Act. 25. 26 27. is worth observation that he sought for some certaine thing against Paul to insert into his Mittimus whereby he should be sent to Cesar for saith he it seemes to me unreasonable to send a prisoner and not withal to signifie the crimes layd against him And I cannot but imagine that the Parliament proceeded upon this ground in refusing to imprison such as have been accused in generall of high treason doubtlesse with Festus they judged it unreasonable to ● disseize any man man of his Liberty without such a particular crime probably at least objected against him as evidently requires such a judgement Thus when the Kings Attourny Generall exhibited Articles of high Treason against Mr. Hollis Mr. Pim Mr. Hampden Mr. Stroud and Sir Arthur Has●eridgo they Petitioned the l See 1. par book Decl. pag 52. 65 67. King twice to discover what proofe of those Articles were against them before any proceedings were to be against them and in a third Petition m See 1 part book Decl. pag 77. they have these words Whereas by the expresse Lawes and Statutes of this Realme that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 of Edw. the 3. If any whatsoever make suggestion to the King of any Crime committed by another the same Person ought to bee sent with the suggestion before the Chancellor or Keeper of the Great Seale Treasurer and the Grand Councell there to find surety to pursue his suggestion which if hee cannot prove he is to bee Imprisoned untill hee hath satified the Party accused of his damages and slander and made fine and Ransome to the King And least it should be said That this concernes onely Suggestors made against any to the King himselfe It s said in the Statute of the 25 of Edw. 3. Chap. 4. That no man shall bee taken by Petition or suggestion made to the King or his Councell c. And I am sure the word Councell includes the Parliament And least it should be said that there ought to be Particular matter and probable proofes offered before the Imprisonment of the Members of Parliament But it s a Priviledge peculiar to them the Parliament hath declared as much in the case of other Persons viz. When the King about Ianuary 1642. in answer to the City Petition desired that Alderman Penington Alderman Foulk Colonel Ven and Colonel Manwaring might bee Committed to safe custody as guilty of high Treason that they might bee proceeded against by the course of the n See 1. p. book Decl. pag. ●40 841. Law Mr. Pim declared to the City by the Command of both Houses and as their Sence that It s against the rules of Iustice that any man should bee Imprisoned upon a generall charge when no Particulars are o See 1 par book Decl. pag 845. proved against them And besides the Priviledge of Parliament men objected extends not to Treason Felony or breach of the Peace but in such cases any Member of Parliament may be Arrested by any minister of Iustice to the intent hee may be brought to Parliament Corpus cum causa and also detayned in safe custody till such time See 1. part book Decl. pag. 723 724 and therefore the Case is generally inclusive and to that purpose most excellent are the Parliaments words in their Declaration of May 19. 1642. 1. p. book Decl. pag. 201. Wee conceive it a heynous Crime against the Law of nature against the rules of Iustice that innocent men should bee charged with so high an offence as Treason in the face of the highest Iudicatory of the Kindome without witnesse without evidence without all possibility of reparation in a Legall course ☞ Reader take notice that the single Informer against me produced neyther Witnesse nor evidence of what hee said and I am left without all possibility of reparations in a legall way because the Parliament hath taken the first cognizance of my supposed crime and in stead of a Iustice of Peace committed me to Prison And doubtlesse upon the same ground the Parliament refused to suspend from the House ●d much more to imprison the 11 Members accused by the Army though 5. Articles p See the book of the Arm. decl pag 47 48. 49. were ●en in against them v●z 1. That they had endeavoured to overthrow the rights of the Subiect in ●rary wayes

first and the greatest grievance w See the represen of the Armies grievances the decl of Iune 14. Rem of Iune 23. of the Army the principal ground whereupon they undertook to oppose encounter with the Parliament the prejudging petitions abusing petitioners was a principle● article in the impeachment of the 11. Members And in their Remon of Jnne 23. book decl p. 60. speaking of the Parliaments orde● to suppresse their petitions and the declaration against those which should proceede in it● they have these words that such proceedings against the Army and others i. e. Lodnon Petitioner● doe carie with them such a face of injustice arbitrarinesse oppression and tyranny as we thinke is no● to be paral●ld in any former proceedings of the most arbitrary Court against any private men bu● have brought insufferable dishonour upon the Parliament which we are and others ought to be sensible x See the 6. of the charge book decl pag. 83. of hath tended to disoblige all men from the same and to destroy all iust freedome both of Soldiers and Subiects without controversie the promoting a petition cannot be my supposed crime● I may take up the Parliaments owne wordes with an addition in the 3 Rem May 26. 1642. book decl p. 281. viz. that those that shall guide themselves by the iudgement of Parliament 〈◊〉 and the Army also ought whatever happens to be secure and free from all accounts and penalties upon the grounds of equity● of the Stat. of the 11. of Hen. 7. chap. 1. Interro 2 But might there not be suspition that you would have raised tumults Answer All which the Informer said against me at the barre were no premises from whence such a conclusion could be inferred but let my relation of the discourse at the meeting be observed was not the prevention of Tumult● the maine principally in my eye was it not the Center wherein al the lines of my discourse were terminated was it not for that end that J pleaded so strongly the necessity of preserving the visible authority of the Commons in Parliament from contempt was it not to that Intent that I exho●ted the people to endeavour the union of all well minded People and healing divisions Certainly he must come from the Antipodes or look through a Magick Glasse that shall Iudge such Discourses or Endeavours to occasion Tumults Intetro 3 But might you not be suspected for undermining the Lords lawgiving power Answer My discourse was no other then a paraphrase upon the Parliaments owne declaration of May 26. 1642. which declared in effect that according to the Kings oath neither the King nor Lords had a right or libertie of dissenting from the Lawes which the Commons shall chuse and by consequence their assent is of no validity and while the Parliaments words are my text and my conclusion rightly inferred they are my guide and so I am free from account ●ut however there is neither Law nor equity which renders me accountable for speaking my opinion o● the peoples native freedome and of the incroachments upon it To conclude I must professe that upon the most rigid examination of my selfe I am not conscious to my selfe ● in the present matters any transgression of the law of God or Man in the least puncti●io neither in action or intention unles it be a crime that I was too solicitous for the welfare of the common-wealth even to the total neglect of my private occasions or unlesse it be a crime to extend my utmost powers to prevent the imminent danger of confusion to the whole nation or to unite the people in the common principles of spirituall and civill freedome or unlesse I mistooke the meanes to these happy end which I conceived was to support and preserve from contempt the authority of the Commons in Parliament Yet if any Eagle eye can discover an erratum in my actions or intentions let him reprove me sharply and those 〈◊〉 Hic merus abenenus est words of reproofe shall be as pretious ointment and untill then J shall persist in my opinion that it is the duty of every one which is faithfull to God and his Country to endeavour the union of the people in desires of immediate setlement of the foundations of common freedome for the consciences and estates of all men equally this only can prevent the insinuations of the Royall and Episcopall party and prove a bullwarke within a wall ●brasse about the Nation FINIS