Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	power_n	supreme_a	1,645	5	8.3158	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A75403	An answer of the purchasers of the lands, late of Sir John Stawel, by act of Parliament, exposed to sale for his treason to a pamphlet, intituled, The humble remonstrance of Sir John Stawel: together with the answer of John Ashe Esquire, to divers scandals mentioned in that remonstrance. As also a petition and several reasons for establishment of publick sales; tendred by Wil. Lawrence Esq; one of the judges in Scotland.	Lawrence, William, 1613 or 14-1681 or 2.	1654 (1654)	Wing A3300; Thomason E1072_3; ESTC R208226	62,646	64

the Parliament had by their Act declared that he was not admitted to compound and that that Court should try him as one not admitted thereunto which Declaration no inferior or subordinate Court or authority whatsoever hath power to examine or question And all Examinations Resolutions and other proceedings of that Court touching those Articles and Plea thereof are void and extrajudicial and Sir Iohn stands guilty by the Judgement of that Court of high Treason and other the offences abovesaid and by Act of Parliament declared not admitted to compound This his Guilt being certified to the Parliament by the high Court of Justice with a cesser of sentence in respect of his Articles the Parliament upon reading of that Certificate 10 Iune 1651. resented the same yet by reason thereof spared his life but passed an Act of the 16 of Iune 1651. a month thereafter whereby they adjudge sir Iohn to have forfeited his Estate for Treason and thereupon vested the actual possession of that Estate in certain Trustees and their heirs in order to the sale thereof which Lands are since sold accordingly and the moneys disposed of for the use of the Commonwealth sir Iohn Stawell being in that Act first named and before others of higher degree Which Act and Iudgement being the Act and Iudgement of all the People of England inclusively and the same judgement being since fully executed and the Estate of sir Iohn in fact sold and disposed of by and according to that Act and the Purchasers thereof by force of their respective bargains in the actual and peaceable possession thereof these consequences will follow and be necessarily deduced 1. That the Reasons and causes of that Iudgement cannot be examined or questioned out of the House it self Whether they passed that their Iudgement for Treasonable acts by him done before his Articles in regard they adjudge his Articles to be either neglected in performance or broken by all or any his refusals or misdemeanors abovesaid or whether they adjudged those misdemeanors either joyntly or severally to be a new Treason and by consequence a forfeiture of his Estate since his Articles Or whether for any and for any other act of his or cause they passed their Iudgement against him It will therefore seem very unreasonable and be of dangerous consequence if the Purchasers mediat or immediat should be now enforced for defence of such their Possessions to search into and produce the reasons and causes thereof especially since the Purchasers are meer strangers thereunto 2. That all the Examinations and other proceedings and very Iudgement of the Court of Articles on the said Iudgement of Parliament although an Act of Parliament erected it after that Iudgement given were extrajudicial against the fundamental Laws of this Commonwealth and of bad example Coram non Iudice When that Court under pretence of a general Act of Relief upon Articles did intermeddle with the Case of sir Iohn Stawel touching his person and Estate his Estate being already adjudged by Act of Parliament to be forfeited and the imprisonment of his person remaining indiscussed in that very House especially after the Parliament had Thursday Febr. 24. 1652. Resolved THat the Cause of Sir John Stawel upon his pretence of Title to Articles be resumed to the consideration and determination of the Parliament and that the Commissioners for giving relief to persons upon Articles do forbear to proceed any further therein untill the Parliament take further order Hen. Scobell Cler. Parl. Which Resolves amounting unto an explanation of that Act of Reviver determined not with the dissolution of the Parliament but doth remain annexed to it as a Codicil taking away the Iurisdiction of that Court in the Case of Sir Iohn 2. These proceedings were coram non Iudice in regard of a Proviso in that Act of Reviver in these words viZ. Provided That such person or persons claiming benefit of Articles as aforesaid have not forfeited the same by breach or non-performance of what is or was on their part to be performed since their Articles were granted Now the Parliament having declared if not adjudged Sir John Stawell not to be admitted to Compound have adjudged or declared that Sir John hath forfeited his Articles either by breach or non-performance either of which Judgment or Declaration the Court of Articles could not draw into question And therefore is Sir John within that Proviso and without the jurisdiction of that Court. It is a fundamental That a Judgment of Parliament should not be reversed or annulled by any subordinate or delegated Court Judicature or Authority whatsoever or otherwise then by the immediate power of Parliament which power cannot be transmitted to any other Judicature The Court of Articles have adjudged That Sir John Stawell from and after Composition made as aforesaid shall have the possession of his Estate freed and discharged from all sequestrations and seisures whatsoever and shall enjoy the same without any claim demand impediment or molestation of the said Trustees or of the Survivors or Survivor of them they or any of their heirs These are the words of that Judgment as it is recited in the Remonstrance pag. 71. Which Judgment in respect of this Estate is no otherwise then an annihilation of that Act of Parliament by this subordinate Court under pretence of a power transmitted unto them by the general words of the Act of Reviver when as a special Act could not give any such power of annihilation The Legislative power by the fundamental laws remaineth solely and undoubtedly in the Parliament and cannot be transferred to any inferior Judicature whatsoever Of which power the Abrogation or Repeal of former Laws is a branch or part But this Judgment of the Court of Articles in respect of the Estate of Sir Iohn doth amount unto a Repeal of that Act of disposing this Estate by a power pretended to be delegated to that Court by the general words of that Act of Reviver It is of bad example for that Court of Articles to take cognisance of the Cause of Sir Iohn Stawel the same being depending before the Supreme Authority of the Nation when as their Predecessors who had the same if not greater power for that very reason forbare to give Sir Iohn any relief in that behalf And when the High Court of Justice for the same cause forbore their sentence and did submit it to the judgment of the House although their Act was particular and the Act of Reviving the Court of Articles in generall words And the example is heighthened after that the Parliament-Votes had prohibited them any further intermedling to resume the cognisance of the Cause and to proceed to judgment and by that judgment in respect of the Estate to intrench upon the priviledge of Parliament in reversing the Judgments of Parliament and repealing the Acts thereof and when the Judges Members of that Committee and the best and fundamental Expositors of Acts of Parliament the Parliament that made them being

he catcheth at every twig to recover it However the truth of those Verdicts and Indictments is since confirmed by the Iudgment of the High Court of Iustice upon Sir Iohn Stawels Plea of Not guilty and the Depositions of several Witnesses to that purpose as is certified under the subscriptions of three and twenty of that Court and manifested by the recital of the proceedings of that Court in the Remonstrance Sir Iohn being thus found guilty by three several Indictments of Treason and two Murders and still refusing the mercy of his Articles the Parliament in honour of Iustice and upon consideration of his forfeiture of Articles did on the 14 of March 1648. and two years and a half and more after his first Commitment Order his Trial upon these Indictments at the Upper-Bench bar where his Expressions were more insolent and his disownings of the present Authority greater then at any time before And so far was Sir Iohn Stawel after so long imprisonment from accepting the benefit of his Articles that he did not then mention them in order to his exemption from that Trial but on the contrary distinguishing Mr. Iustice Bacon from Mr. Iustice Roll owned the first as one sitting by the Kings Commission but disowned the latter being appointed by the Parliament under the Great Seal by them approved which Seal he termed a Counterfeit and accused the then Sollicitor-Generall of high treason for prosecuting against him in the name of the Parliament as was by several Witnesses proved before the High Court of Iustice And as Mr. Iohn Ash affirmeth uttered words to this effect viZ. My offence is not Treason for which I am here arraigned but because I would not permit the Committee of Goldsmiths Hall to pick my purse and give my consent to pay a sum of mony for the redemption of my Estate which is unjustly taken from me Which speeches if they had fallen from one formerly innocent had been an offence of an high nature but being spoken by sir Iohn a person guilty and so found by several Grand Iuries and at several times of Treason Murder and other high offences And by one that came into the Parliament-Quarters under the pretence of a Composition and in that conjuncture of time when divers Garrisons held yet out for the late King and some Ships had renegaded the Parliament-service and in one of the highest Iudicatures whither multitudes resorted to observe his deportment became not a Compounder much aggravated his former offences must prove prejudicial to the Parliaments affairs and contrary to the 21 of Exceter Articles and to sir Iohns Engagement and subscription at the Guild Hall and was doubtless a breach of his Articles And although perhaps these insolencies were not Treason within the Cognizance of an inferior or ordinary Judicature yet might the Parliament adjudge them so which they have done For in their Act of sale they have mentioned Treason committed by him which must be his miscarriages since his Articles for his former were pardoned And although it be granted they do not amount unto Treason yet they may be a breach of Articles for it is not Treason only that doth break them inferior offences may prove a breach the breach of good behaviour and certainly his miscarriages are of no less nature is a forfeiture of a pardon and why not of Articles Truely much more for pardon though of grace is grounded upon the compact and agreement of the whole Nation but these Articles are but the agreement of certain persons thereof of the Army with Traitors And although by the third Article of Exon certain enumerated Acts are made a breach of those Articles yet questionless other matters not enumerated may be a breach whereof these of sir John are some and it seems have been so adjudged by the Parliament For in the Debate of all Acts and Resolutions of theirs against sir John they still had a consideration of his Articles and adjudged these his miscarriages a breach of them and therefore declared him not to be admitted to Composition having forfeited the benefit thereof And although the Articles bind not sir John in point of his judgement yet they restrain him from all open and overt expressions thereof to the prejudice of the Commonwealth A man in private thoughts deemeth another man to be a thief perhaps knoweth him to be one This judgement this knowledg the Law taketh no notice of But let him declare such his thoughts judgement or knowledge by saying he is a Thief these open words being prejudicial to the party whereof the words were spoken make him liable to an Action and if he proves it not to repair him in damage Sir John might without damage have kept his judgement to himself but expressing it in such insolent and prejudicial language to the affairs of Parliament he forfeited his Articles Which his deportment being reported to the House of Commons they proceeded at that time no further against him in that Court but having then consideration of the Articles of Exon and to preserve the faith of their Armies from all colour of violation they still reserved their mercy for him if he had but then implored it But sir John continued in his averse resolution out of a confidence of the late Kings restitution to his Power and Authority and a designe thereby to receive his whole Estate gratis with a great reward for his many sufferings in owning and justifying the late Kings Cause beyond any of his party being the only Subject of his that refused to comply with the Parliament when he might and was earnestly invited thereunto which aim of his is apparent For Mr. Iohn Ash doth tell us that he sent unto the late King at Hampton-Court desiring him to take notice of the great sufferings he had undergone for his Majesties Cause and did let him know the hopes he had of his Majesties great favour and reward for him when he should be restored And Mr. Iames Ash testifieth that the Lady Stawell told him that sir Iohn did still flatter his hopes to have the King restored and although there were daily less hopes yet his faith continued strong nay besides the testimony of these two persons of honour and by the testimony of two witnesses each truth ought to be tryed if half an eye did but look into his carriage from his first coming before the Committee at Goldsmiths Hall untill his tryal by the High-Court of Justice it could be nothing but disownings contempts and opprobrious language of the present Government and Authority deriding of Compounders and not the least claim of the benefit of his Articles as long as his hopes of favour and singularity remained For sir Iohn never pleaded nor so much as ever pretended to those Articles untill some time after the late Kings death although in the mean time there were brought and obtained against him divers Actions and Iudgements for acts by him done before those Articles and relating to the wars which

dissolved did deliver their opinions against such jurisdiction The Examinations Judgment and Proceedings of that Court being coram non Judice and against Fundamentals are meerly void in Law especially when that Judgment is grounded upon no proofs the proofs taken by the High Court of Justice being taken extrajudicially as abovesaid and are therefore in a Legal construction Nullities Which gives a full and short Answer to that large recital thereof in the Remonstrance And although the Certificates Orders and Awards of that Court of Articles are binding and conclusive to all Courts of Justice Committees c. any Law Order or Ordinance to the contrary notwithstanding yet hath not that Court such sole and supreme power or jurisdiction as to controll the Acts or Resolutions of the Parliament the source of their power and especially when their Act beginneth with Courts of Justice which are of an inferior jurisdiction Nor can it now neither ought it to be supposed that the aforesaid Acts Orders Resolutions Iudgments and Proceedings of that Parliament were or were given in breach or violation of any of the Articles of Exon especially they still having a consideration thereof in the violation of which Articles the faith of the Army and honour and justice of the Nation is so highly concerned But it shall and ought to be presumed that Sir Iohn by some or all of the misdemeanors and neglects aforesaid or by other acts of his best known to that Parliament had in the judgment thereof forfeited and lost the benefit of his Articles Sir John by way of objection Remonstrance p. 74. reciteth a Clause in that Act of Sale in these words viZ. Nevertheless upon trust and confidence that the said William Skinner and others the persons abovenamed or any five or more of them shall have hold and enjoy all and every the premises and every of them subject unto such trusts and uses as by this Act or in and by authority of Parliament shall be hereafter further directed and appointed and shall dispose of the same accordingly And from thence would infer 1. That this power of limiting the trusts of those Lands was reserved by the Parliament in relation to the Articles of War by them confirmed that in regard they had ratified divers of them and eminently bound themselves in Faith Honour and Justice to make good and could not take notice of such as had right or claim to the same they thereof provided according to this reserved power that the Trustees should dispose of Lands accordingly In answer whereof it must be premised 1. That the Articles of Exon were confirmed by both Houses the fourth of Novemb. 1647. And this Act passed the sixth of July 1651. almost four years after 2. That the words of that clause refer to trusts and uses onely which should for the future be directed and appointed by that Act or authority of Parliament It will then follow that the trusts if any of the Articles of Exon cannot be the trusts mentioned in that Act being precedent to it not subsequent That the Act for sale passed for no causes mentioned in those Articles but for others and for ought appeaes for offences of a later perpetration That it was well known to that Parliament that Sir Iohn did claim the benefit of those Article for the Parliament had at several times before and at the time of the passing of this Act his very Articles in consideration and deemed them forfeited by him The second thing that Sir Iohn doth infer is that the reviving after that of the Court of Articles was a Declaration of the uses and trusts of that Act of Sale seeing to that persons grieved contrary to those Articles this Court was constituted to do them right any Law Order or Ordinance to the contrary notwithstanding But Sir Iohn hath mistaken the Act the words are not that the Court of Articles should releive the party within Articles any Law to the contrary but that the Certificate of that Court should be binding to all inferiour Courts of Justice any Law to the contrary notwithstanding Again by the Act of Sale the trusts of that Act are declared the land sold and setled according to that Declaration and therefore the Patliament cannot by vertue of that reservation declare any contrary or other trusts nor did by their Act of reviver make use of their former power having already executed the same in overthrow of those sales executed by vertue of that Act of sale especially when as hath been shewn Sir Iohn is a party excepted out of that Act. After which Act of Sale and not before Sir Iohn doth pretend to Petition the Parliament for admission to composition which Petition as he alledgeth by his Remonstrance page 39 he delivered unto Mr. Garland but whether Mr. Garland did or thought fit to present it to the Parliament in regard of Sir Iohns former actions is not declared and perhaps the Parliament refused it and justly for Gods vice-gerents do often Act like God himself who when after a long forbearance on his part and an obstinate continuance in evil on mans part he resolveth to punish he doth execute the same accordingly notwithstanding the Prayers and supplications of the sinner to whom he then turneth a deaf year This might the Parliament do Sir Iohns slightning of their mercy and the necessity of their Justice urging them to it Sir Iohn saith Remonstrance pag. 40. that at the time of the passing of the Act of the 29. of Septemb. 1652. for reviveing the Court of Articles provisors were tendered he conceiveth by the Purchasers the one of the 28 of Septemb. 1652. in these words viZ. Provided that this Act or any thing therein contained shall not extend nor cinstrained to ixtend to prejudice alter or make void any Resolutions Votes or Judgments given in the Parliament touching any of the Articles aforesaid or any persons claiming thereby The other of the day following in these words viZ. Provided alwayes and be it further enacted and declared That no real or personal Estate which hath been setled conveyed or assured to any person or persons by vertue of any Act Ordinance or Order of this present Parliament shall be made null vacated or otherwise determined or disposed of by the Commissioners named in this Act or by their Authority but if they shall see cause of restitution by vertue of Articles subject unto their CogniZance they make a word not in specie against the particular person or persons upon whom such Estate or Estates shall be setled conveyed or assured but invalue to be satisfied by such other Lands or Revenew as the Parliament shall direct any thing in this Act or the former which is hereby revived to the contrary notwithstanding The first of these he saith after the second reading the last after the first reading did pass in the Negative which proviso tending to the limitation of that benefit which the House was most honourably pleased to grant and