Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	court_n	law_n	1,543	5	4.8094	4	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66022	The lawes subversion: or, Sir John Maynards case truly stated Being a perfect relation of the manner of his imprisonment upon pleasure, for the space of five moneths by the House of Commons, and of the impeachment of high treason exhibited against him before the Lords, together with all the passages between him and the Lords, in messages to them, and speeches at their barre, as they were taken from his own mouth. VVherein also is contained a cleare discovery of the dangerous and destructive infringement of our native liberties, and of the arbitrary government now introduced by an aspiring faction over-awing the Parliament. Also that groundlesse false report concerning Sir Iohn Maynards submitting to the Lords jurisdiction refuted, to the shame of the reporters. By J. Howldin, Gent.	Wildman, John, Sir, 1621?-1693.	1648 (1648)	Wing W2169A; ESTC R204812	33,799	42

diâ—pose of the persons of the people at their pleasure then all mutuall relations and dependency of a Kingdome and all the tearmes of destinction between Rulers and ruled may be ã€ˆâ€¦ã€‰ the foundations of property are overturned and no man ã€ˆâ€¦ã€‰ thing his own but himself and what ever he injoyes is at the pleasure of others This mannes of imprisoning this Gentlman is a two edged sword whereby our Liberties are mortally wounded 1. Here is an imprisonment without a cause expressed and what 's such a Commitment lesse thâ—n a virtuall publicke Declaration that you shall be destroyed in your Liberties reputes estates and your lives indâ—ngered because we will Though their should be a just legall cause of imprisoning any man yet if it be not expressed in the Order or Warrant our Liberty is no lesse subâ—erted then if their were no câ—lâ—ur oâ— pretence of a crime in the least punctilio the rule of the Law is inter â—on apparentia â—t non existentia eadem est ratio there â—s no difference between things that are not and things that appeare not It s invincibâ—y avident that our persons are absolute vassals to the wills of Governors if a warrant for the imprisoning any man without a cause specified therein should be allowed as just or Legall Sir Edward Cooke in the 2 part ã€ˆâ€¦ã€‰ fo. 591. averrs that its the speciall thing required to make a miâ—tiâ—â—s Legall that the cause be expressed with such convenient certainty and may appeare Iudicially that the offence requires such a Iudgment as imprisonment Therefore the crime of a supposed offâ—nder imprisoned must be in some sort particularized in the Mittimus according to that of Festus Act. 25. 26. 27. Hâ—â—ought for some certaine crime to insert into Pauls Mittimus whereby he should be sent to Cesar For saith he it seems unreasonable to send a prisoner and not withaâ—l to signifie the crimes laid against him And this is the true intent of Magna Carta c. 29. wherein it saith that no man shall be taken or imprisoned without persentment or Indictment c. I could multiply reasons in this particular As 1. from the indictment of an offendoâ— which ought to rehearse the effect of the Mittimus and therein the particular crime must be expressed A second taken from the forms of the Habeas corpus which ought not to be denyed to any offendor out of the Kings-Bench or out of the Chancery the words are these Precimus vobis quod Corpus A. B. c. vna cum causa dectâ—ntionis suâ— habeatis coram nobis c. ad subijciendum et reciâ—ienâ—m ea quae curia nostra c. This Writ is to be directed to the Goaler or Sheriffe detaining the prisoner wherein he is commanded to bring the body of A. B. with the cause of his detention to receive and suffer what the Court shall Order according to the Law Now the Goaler is to returne his Warrant to the Court by vertue whereof he keeps any men prisoner and if there be not a Legall cause and authority expressed its false imprisonment and the Goaler may be indicted * for it upon the ã€ˆâ—Šã€‰ of Magna Charta or an action of false imprisonment lyes against him and let it be observed that a generall criminall head as treason felony c. is no legall cause to be incerced into the Mittimus it s no sufficient return by the Goaler of the cause of his detaining a prisoner for the Court can passe no Judgement upon an offendor neither can any indictment be grounded upon such a Mittimus wherin the crime is expressed only iâ— such a generallity The second wound which out Liberties have received by this Gentlemans imprisonmâ—nt is by this Order to detain him during pleasure O this this I say strikes the fatall stroke to freedom and Justice this overturns overturns overturns the foundations of the Kingdom this one Act if approved or drawn into presiden hath a seminall vertuâ— wherby it contaiâ—ed in it self all the distinct species of injustice whereof the sâ—â— was ever yeâ— spectatours 1. Tâ—is imprisoning without câ—use specified during pleasure if â—t shall be avâ—wâ—d by Parliamâ—nt doth ipso faâ—tâ— enervate yea evacuate null aâ—l established Laws of the Laâ—d it renders all Rolâ—s and Records no better then waâ—te papers to lâ—ght Tobacco to what purpose serves Magna Châ—rta the Petâ—tion of Right and other wholsome Laws which say no man shall be imprisoned passed upon c. or any wayâ—s destroyed but by the Iudgement of his equals or by due prâ—cesse â—t law Again iâ— we shall be destroyed of our liberies at the pleâ—sures during the pleasures of corrupâ— men and if any Englishman may be detained a prisoner during the pleasures of others of what use are those Lawes that provide a Habeas Corpus should be granted out of the Kings Bench or Chancery whereby the Goalers commanded that the person of any complaining of injust imprisonment be brought before the Judges with the cause of his restraint that as Sir Edw. Cooke saith if he be imprisoned * contrary to the Law of the Land they may by vertue of Magna Charta deliver him and if it be doubtfull and under consideration he may be bayled This was also resolved by all the Iudges of England that upon complaint of any prisoner they ought to send the Kings writs â—or his body and * to be certâ—fied of the particular câ—use and that in case they shall find no legall cause of his imprisonment they ought and are bound by oath to deliver him but of what use are these Lawes and Dâ—clarations of Law if persons may be detained in prison be it justly or uâ—justly during the pleasures of any number of men whatsoever I must profâ—sse I know no other use of the Lawes then to shâ—w the bouldnesse and presumption of injustice that dare tramâ—le upon the Lawes and Lâ—berties of the people when they are most solemnly and evidenâ—ly declared 2. This Commitmenâ— during pleasure establisheth the wills or lusts of men as the rule whereby to punish transgressours suppose they be reall â—ffendors that are imprisoned yet if they must be disseized of their Liberties Tradeâ— and other Imployments during the pleasures of men then their punishment is measured by the rule of their pâ—easure and if men shall be censured in case of supposed or reall offences according to the pleasures of others then those mens wills or pleasures must necessarily also be the rule wherâ—by the â—ffences must be measured as to the degrees yeâ— whereby all the actions of men shall be tryed whether they be just or uâ—just good or evill and in case 500. shall assume and arrogate to themsâ—lveâ— the absâ—luâ—e Dominion ever us that it may be England shall have 500. diâ—â—â—nct lusts unto which they must conforme their actions 3. This Commitment during pleasure supposeth the persoâ—s exercising that authority to be unaccountable and obâ—â—â—ious to â—o censures for

have received thereâ—â— And least any shouâ—d view his Case with an eâ—â— whose pure Christal line humour is viâ—â—atâ—â— with prejudâ—â—â— i. â—â—me give you a Character of the Gentleman 1. Sir Iohn was bred a Courtier and had â—â— least the favourable aspect to say no more of King Iames and the present King Charles yet his privâ—te ingagements to the Court and his interest there was to more to hâ—m when the interest of his Countrey stood in compâ—tition with the Courts then the ã€ˆâ—Šã€‰ wyths 10 Sampson he appeared with undaunted courage with the first that arose to vindicate the Parliaments and the peoples cause be lent â—10 pound upon the first Propositions 2. As he began with the first so he persevered without wâ—vering when the Parliament was in its most despicable condition and their Army at the lowest ebbe when the Army was new moulded and Sir Thomas Fairfax elected Generalâ— his endeavours to promote that designe were eminent he lent 1000. l. and procured 3000. l. more by his influence upon his friends towards that 8000. l. which necessity then required â— For his demeaâ— our in Parliament there is a cloud of witnesses that according to the Dictates of his consâ—â—ence his endeavours for common justice were eminent but above all he was exemplary in opposing the Members mutuall gifts each to other out of the publike treasury be often inculcated that it was illegall that Fâ—ofees in trust for the people as theâ— were should dispose of the publike Treasury amongst themselves and that it was contrary to their Declarations and destrâ—ctive to the Souldiery and the desolâ—te Widdowes and Orphans and that it rendered them infamous a reproach and scorne amongst all the people and to the adjacent Countreyes if I did not much affect modeâ—â—y in parties which are Competitors I would in large this Character But that which kind led the indignation of L. G. Cromwell and Commissary Gen. Iretâ—n against Sir Iohn was his declaiming against the partiality ambition covetousnesse and injustice of the Grandeâ—â— of the Army he testified his dislike of that notable peece of injustice that L. G. Cromwells son Ireton being the puny Colonell in the Army should upon the day of Naseby Battell be advanced above all the Colonells to be Commissary Generall and he imputed it to this injustice that Commissary Generall Iretons Regiment first turned their backs in that Battell and likewise he testified with some bitternesse his abhorrency of the unworthinesse of some generaâ—l Officers in the Army which lurked in a Wind mill aâ— Nafeby Battell viz. L. G. Haâ—â—mond Scoâ—t-Master Gen. Waâ—sen Muster M. Generall Stanes and he was a constant sharp Antagonist to the Independent party wherein he only followed the Dictates of his consâ—â—ence This without conâ—toversie was the reason that Sir John was one of the 11. Members impeached by the Army for L. G. Cromwell confessed at Colebrook that they had nothing against him this will be proved by witnesses but whosoever shall observe the Armies impeachment of the 11. Members will discerne that there is nothing against Sir Iohn in any of the Articles unlesse it be where they mingle his name with others to câ—lour over their conspiracie against him but Sir Iohn being an active man in the opposite party there was a necessity to remove such an obstructer of their Empire And for the Articles of Treason now against him for levying war I only desire to acquaint the Reader that Sir John offered to produce two Members of Parliament and other Witnesses to prove that he was at his house in Suâ—rey five miles from London when the London-ingagement voted by the Parliament to be treason was prosecuted and likewise when the â—â—â—ult happened which offered force and violence to the Parliament neither had he set in Parliament during the absence of those Members which fled to the Army had he not â—een commanded to attend the House and by Ordinance of Parliament appointed to be of the Committee of Safety Now to the stating of his Case First about theâ—â— of Septemb. last a Warrant issued forth by Order of the House under the Speakers hand to bring the body of Sir John Maynard to answer to such things as should be objected against him In the first sâ—ep of their proâ—eedings to qâ—estion and prosecute Sir Iohn they deviated totally from the paths of Law and Justice and it 's no wonder all the progresse towards his ã€ˆâ—Šã€‰ is so irregular the foundation of their proceedings against him is hid upon will pleasure or a supposition of an absolute unlimited dominion if the Law should be acknowledged to be the measure of their proceedings it 's beyond dispute that the body of no Englishman can be legally arrested ã€ˆâ—Šã€‰ by vertue of any Warrant wherein some cause is not expressed â—â—d that with ã€ˆâ—Šã€‰ certainty and particularity that it may appeare judicially that the arrest is â—â—â—st these are the expresse words of Maâ—â—â— Chartâ— That no man shall be tâ—kâ—n that iâ— arrested or attached or restrained of his libertâ— unlâ—sse it be bâ— iâ—â—â—ctment or presentment c. and therefore Sir Edward Câ—â—â— fâ—ith 2. Part. Instit. â—â—l 391. that a Warrant to restraine any person of his liberty to answer to such things as shâ—ll be objected against him is utterly illegall and that very legall Warrant must have a lawfull cause of the persons restraâ—nt conâ—â—â—ned in it and if the Law had not thus provided we weâ—â— absolute vassâ—lâ—s to the wilis of Magistrates they might at their pleasure iâ—uâ— forth a Warrant to command the person of any man 30. or 40. ã€ˆâ—Šã€‰ distanâ— from â—hem to be brought before them to answer such things as shall be objected against him and when he appeares there may be nothing materiall against him or no crime pâ—rtaining to the cognizance of that person or Court that issued out the Wâ—â—rant and yet again the same person through private malice might be ã€ˆâ—Šã€‰ by the like Warrant and again also ã€ˆâ—Šã€‰ his estate be confâ—â—med or his â—â—adâ— destroyed by such molestations and expences incident ã€ˆâ—Šã€‰ and upon the like Warrant every Justice of the Peace might vexe and mâ—iest whom they please therefore the Law permits â—or the hâ—â—hest ã€ˆâ—Šã€‰ in England to command ã€ˆâ€¦ã€‰ despicable Englishman to attend him or be arrested or brought before him without a legall cause and his office or authority specified in the Warrant or Processe and upon this accompt the Parliament declared July 26. 1642. that it 's against the Lawes and Liberties of England that any of the Subjects should be commanded by the King to attend him at his pleasure first Booke Tarl Decl. p. 4â—â— Now who can distinguish between an absolute command to attend a Court or Magistrate and a Warrant to appear before them without a lawfull cause specified But though the axe is laid to the root of Englands Liberties by this first Warrant to appeare before them yet I wish this first stroake had been conâ—oundâ—d with the last bâ—t they

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