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cause_n	king_n	law_n	people_n	4,588	5	5.1230	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94042	Secret reasons of state in reference to the affairs of these nations, at the interruption of this present Parliament: anno 1653. discovered. Also, the power of parliaments, touching imprisonment, debated. With other matters worthy of observation, in Jo: Streater's case: this being a narrative of his two years troubles at the beginning of the late monarchie, erected by General Cromwel.	Streater, John, fl. 1650-1670.	1659 (1659)	Wing S5949; Thomason E983_24; ESTC R203671	14,755	20

nor lawful cause in the other My Lord I have seen the copy of an Order of Parliament bearing date the 21 of November present that saith That John Streater be and do stand committed to the Prison of the Gate-house Westminster in order to a tryal and that Mr. Speaker do issue a Warrant accordingly Without doubt this is the Tryal intended by the Parliament here at this place To try whether there be cause of imprisonment or not The innocent need no other Tryal The cause that is already shewn in the first part of the Return is to be supposed true And all the cause that was to be shewn and none other for that the second part mentioneth no cause at all And if there had been lawful cause shewn it is not to be denied but it had bin of force By all which appeareth that they intended me the benefit of the Law which speaketh this language That the innocent shall be acquitted My Lord an Order of Parliament is but as the first thoughts of a man by which he intendeth this or that An Act of Parliament and the Law is like the second third and fourth thoughts of a man wherein he altereth his first resolutions formed by his first thoughts unto more safe and better resolutions And it is not contradictory to himself at all nor never a whit below him My Lord Here are the Parliaments second third and fourth thoughts judicially in this Court it is Law digested by Councels debates time and practise into safety and conveniency The which is for their honour to act by The benfiet thereof I pray My Lord The Rerum saith I shall not be delivered but by Order of Parliament The Order of Parliament saith not such a word But to be committed in order to a Tryal at which I am My Lord The Return saith I shall be committed Prisoner to the Ghte-house by Order of Parliament The Authority of Parliament the Law judicially in this Court hath committed me Prisoner to the Marshal of this Court Shall this be called a contradiction to the Order of Parliament no surely it will not stand so in the opinion of this Court Neither can it be called a contradiction to the Order of Parliament if I should be discharged of my Imprisonment because the Authority of Parliament the Law saith If there be no cause of Imprisonment I shall be discharged The Law intendeth the defence of three things in which all else is comprehended They are Life Liberty and Estate Liberty is the chief not a Liberty to do what one lists either in obeying or in commanding but a just preserving Liberty that shall be for the good of society It was this that our fore-Fathers and we have contended for by Arms and being victorious will the Parliament deprive us of the benefit of the Law which is the Ornament of our triumph No my Lord they have declared to the contrary that they will not My Lord chief Justice Hide is not on this Bench who once was and to his shame did deliver in effect this judgement That for severall reasons of State the King may do or act contrary to Law My Lord I have power to kill this Gentleman next me but not by Law So the Parliament hath power to deliver me to prison without shewing cause but no legal power It did better become Mr. Atturney-General Heath that in his pleading for a corrupt interest in the cause of Sir John Heningham and others at this Bar to alledge That the King may act above and contrary to the Law then Mr. Atturney-General Prideaux that is to plead in the behalf of a State that some suppose are laying a foundation of the Kingdom of Christ If he should it would be the grandest inconsistency that possible could be to what they have declared namely Tenderness of our just Rights and priviledges The which Declaration hath invited a National expectation thereof the which should be a sufficient Law to them to do nothing that might deprive any individual though the most inferior and inconsiderable part or person of the whose unto whi●h these promi●es were made My Lord Upon the agreement of sharing the Roman Empire made be●ween Octavius Antonius and Pompeius Sextus it fell out that they agreed to feast aboard of Pompeius his Admiral-Gally lying at an Anchor off of the head of Mount Misena and wh●n they were all aboard and merry Menas the Pyrate came and whispered Pompeius in the ear Come saith he shall I cut Cable weigh Anchor and set sail and not only make thee Lord of Sicile and Sardinia but of the whose Empire also No saith noble Pompeius I have not learned to break faith although it were to the gaining of an Empire When he had invited them to a Banquet they should not be deprived of what they expected by imprisonment or losse of their shares of the Empire Such advice and such practises do better become Pyrates and Theives then persons of vertue and honour the which was in his power to have done My Lord Seeing as I say that the Parl. did at the first declare that they would be tender of our Rights and Priviledges and seeing it is our priviledge to have the benefit of the Law and seeing the Law saith That if there shall be no cause there shall be no imprisonment and in regard there is no cause shown why I should be a prisoner I do aver that the Parliament cannot have greater dishonour put upon them then for any one to alleadge that they intended imprisonment to me if there should no cause in Law appear My Lord If there be any thing else alleadged to be against me then what appeareth upon the Return and the Record the Law requireth you not to take notice of it And seeing there is no cause there ought to be no imprisonment if it should it would be injustice Justice is one of the attributes of God that by his dispensations he would have administred to men The administration of injustice is a perfect fighting against God I believe the Parliament would not be found fighters against God My Lord The Philosopher saith Where just Law ruleth there God may be said to rule If you judge justly you have no cause to fear I expect it as you will answer the contrary at the dreadful day of judgment The Reader is to take notice that the Prisoner acknowledged their power as a Parliament elfe his Plea had not bin allowed Notwithstanding this which the prisoner urged and his Councel he was again committed prisoner to the Gate-house after which as was said before the Little Assembly being dissolved the prisoner brought his Habeas Corpus again in Hillary Term at which time he appeared at the Bar eleven times himself Councel pleading too large here to be recited only the passages of the last day as followeth Mr. Attorney-General Prideaux began thus My Lord This Gentleman the prisoner stands committed by Order of Parliament And whereas he himself the Counsel

assigned for him have alleaged That the Order of Parliament is void by reason as they say the Parliament is dissolved My Lord Parliaments cannot be dissolved the Parliament or the same power is in being now And Parliaments were to be once a year as by the Statute of the 4 of Ed. 3. at which time he may be relieved In the North parts the Assizes can be held but once ayear But grant that the meaning of the Parliament was to deliver him themselves and not that they meant the Parliament to be on the 3 of September 1654. yet for that they ordered that he should not be delivered but by Order of Parliament I conceive he can be delivered no otherwise then by an Order of Parliament nor by any other but a Parliament Possibly when that the Parliament consisted of King Lords and Commons an Order of one or two Houses without a threefold consent had not been binding but now the power that was in the Lords and King are joyned in the Commons and therefore is of greater force And it is not material whether they shew cause or not there may be good cause And it cannot be presumed that the Parliament would commit a man and have no cause at all for so doing But without question a Parliament may commit men and shew no cause But suppose his Commitment be in order to a Tryal in Parliament will this Court take upon them to judge in the cause or can they by Habeas Corpus bring the body of the prisoner and the cause before them out of Parliament The Lord of Strafford was tryed in Parliament I believe this Court would not in such a Case remove the Tryal before them nor indeed can they Upon the Return it appeareth he is committed by Order of Parliament and to be delivered by Order of Parliament if they had intended he should have been delivered otherwise they would have either said nothing or have Ordered his delivery according to Law When Kings die it is true that Commissions do cease but when Parliaments do dissolve their Acts do not cease Besides a Parliament is the Supreme Court and they do constitute other Courts and therefore it is not for other Courts to question the proceedings of a Parliament It will not be expected of me to shew that the Parliament had sufficient matter or cause of imprisonment To this the Judges answered No no if he had any thing more to speak to the Order of Parliament that was it that was to be spoken unto Mr. Attor My Lord this Gentleman might make his application for his liberty to the present Authority elsewhere and I doubt not but it would be granted him for now Parliamentary authority is in one person My Lord I doubt not but the Court will be cautious in medling in this case but it will rather remand him to prison first for that it may be that the proceedings against him are not yet ripe it may be yet under examination Secondly for that this is the first president of the like nature and it being of so great and high concernment After a little space of time Mr. Atturney cometh into the Court. Lord chief Justice Rolle Mr. Atturney here is Mr. Streater again by Rule of Court he hath been a long time in prison and I see here is nothing come against him that is mate●ial Mr. Serj. Twisden of counsel for the prisoner My Lord we desire that he may be bayled Lord chief Justice Rolle What have you any thing more to say Mr. Atturney Mr. Attur My Lord I thought I should have heard of him but I did not the Court must do justice He is committed by order of Parliament My Lord if you will undo an Order of Parliament he is to be delivered but I hope the Court will not M● Windham The Order of Parliament is undone by the Parliaments being dissolved Mr. Attur Commissioners of Sewers are granted by Parliament and they do continue after the Parliament is dissolved Iayl-delivery is but once a year in the North parts and I suppose the next Parliament wil be sitting before he hath been a year in prison at which time he may be tryed or delivered And although this be called an Order of Parliament yet it was acted by Parliament Lord chief Iustice Rolle But all that the Parliament acteth are not Acts of Parliament The first part of the Return is too general it mentioneth norwhat Books nor whose Books or where they were or when published The second part of the Return is grounded upon an Order of Parliament we are to take notice when a Parliament sitteth and also when it is dissolved or when it endeth or determineth Discontinuance is a determination A Writ of Error many times is made Returnable in the next Parliament but that lyeth after Tryal at Law The word Order is a proper phrase to that which is not an Act. An Order of Parliament is not binding in Succession How shall the next Parliament take notice of a former Parliaments Order Committees that are appointed by Order of Parliament do cease upon the dissolving of the Parliament I have been of the Parliament I ever found Parliaments of the same Opinion We must look to the first Imprisonment and no farther if you had Returned other Cause we should have taken notice of it We do not reverse the Order of Parliament that is reversed by the Parliaments being dissolved and it being dissolved there is no visible way how the prisoner shall be relieved though there may be a probable way Iudg Ask. I am of the same Opinion and that it could not be that the Order of Parliament by saying he should not be delivered but by Order of Parliament but that they meant by the same Parliament and not by a Successive Parliament If it should be taken to be by Order of the next Parliament where shall be the Liberty of the Subjects or how they shall be relieved in long interval of parliaments as in the Reign of K. Iames and the Reign of King Charls we had not parliaments in many years together although it be so that the parliament by the Statute of the 4. of Ed. 3. should be once a year or oftner if need be besides here is no Succession of parliament but a Dissolution Another parliament must be another Session and therefore an Order cannot be in force until another Session If they had made an Act of parliament or passed a judgment of parliament it had been another Case Upon the consideration of the whole matter the Iudges opinion was that the prisoner ought to be discharged and this Rule entred Saturday next after 8 days of the Purif 1653. The Lord Protector against Io. Streater Gent. The Defendant was brought into Court by the Marshal upon Habeas Corpus and by the Court discharged of his imprisonment by the motion of Mr. Serjeant Twisden By the Court. As may be seen Styles Reports fol. 415. Lord cheif Justice Rolle Sir

Secret Reasons OF STATE In Reference To the Affairs of these Nations At the Interruption of this present PARLIAMENT Anno 1653. Discovered ALSO The Power of PARLIAMENTS touching Imprisonment Debated With other Matters worthy of Observation in JO STREATER's Case This being a Narrative of His two Years Troubles at the beginning of the late Monarchie erected by General CROMWEL LONDON Printed MDCLIX A Narrative of the Case of John Streater sometime Quarter-master-General of the Foot-forces of this Common-wealth in I●eland THe said J. S. having for three years from 1650 to 1653 served the Commonwealth in the aforesaid Capacity and also as Engineer did considerable Service at the taking in of Towns Forts and Castles as well as fortifying for defence The War being ended he obtained Leave of his Excellency the then Lord Deputy Fleetwood to come into England where he arrived about the beginning of April 1653 On the 20th following the Lord General Cromwell did interrupt this present Parliament in the discharge of their Duty in their Supream Trust The which Action of his did much astonish and amaze J. S. so that he concluded from the action it self it being of so high a nature together with many other circumstances he had observed That the General intended nothing lesse then making himself absolute Lord of his Country contrary to his Promises Duty and Trust In the morning before he went to the House to act that Tragedy he made a Speech at the Cock-Pit to all the Officers in substance thus That the hand of God had Eminently gone along with the Amy in various and Improbable Successes that now they had no in visible Enemies in Arms Therefore it did behove them to persevere in the Work of Reformation that Reformation could not be expected from the present Parliament and that if they should put the People to Elect a New Parliament it would but tempt God Therefore his Opinion was That God did intend to save and deliver this Nation by Few and that Five or Six men or few more setting themselves to the Work might do more in one day then the Parliament had or would do in one hundred days for ought he could perceive For saith he the burdens are continued still on the People Injustice aboundeth the Law is not Regulated they intend nothing but to seek themselves and to perpetuate themselves to the great hurt and danger of the Nation therefore he thought that the Nation might be better settled by a Certain Number of unbiassed men who should give more Content to the Nation and the People of God then the present Parliament After he had ended his Speech he went immediately to the House and Interrupted their Sitting He Returns back acquainted the Officers what he had done That he had turned our the Members out of the House and withall told them Now they must go hand in hand with him and justifie what was done to the utmost hazard of all He also told them That when he went into the House he intended not to do it but the Spirit was so upon him that he was over ruled by it and he consulted not with Flesh and blood at all nor did premeditate the doing thereof he seeing the Parliament designing to spin an Everlasting Thred Upon the Consideration of all which together with the Credible Information that the said J. S. received that the Parliament was at that time in Consultation about the putting a period to their sitting and also providing for a Succession of Parliaments with such qualifications as might be the best means to preserve the Interest of the Nation by Governing it as a Common-wealth or Free-State he did thereupon conclude that Gen. Cromwell saw he should be thereby prevented to attempt the Supremacy and also be reduced to a private capacity unto the which he could not with safety Return for it were not to be Imagined that they would Dissolve and leave the sole Command of the Arms of the Common-wealth in his hands a Trust too great for any Mortal This J. S. did apprehend was the principall Reason why he interrupted their Sitting if this was not the Reason But on the contrary he did do it with an Intention to redeem the Nation out of their hands they Intending to make their Government perpetual Can any man conceive that he could with safety suffer any to be above him or that he would not be necessitated to preserve himself by keeping uppermost when he judged the People not fit to be Trusted with their own Liberty Who should he Trust then Did not he Intend what at last did notoriously appear in his making himself a Monarch Exercising a more absolute power then any Kings that went before nay more then the late King whom he amongst divers Condemned to be beheaded for a Tyrant The which J. S. did foresee would come to passe foras much as he assumed Absolute power to dis-invest the People of their Liberties Upon the Consideration of All which on the same day the General being present J. S published and dispersed amongst the Officers of the Army Ten Queries which partly respected his Speech aforementioned as well as his Fears of future Events Which Queries are here recited they being the First Ground of his deplorable Troubles Ten Queries 1. WHether or no God will not be more tempted by Illegal changing and forcing a People to submit to an unknown Government in which they can have no security than He would be if that the Common-wealth be engaged to elect a new Representative according to their undeniable Rights 2. Whether there be not as much Safety by chusing a Representative as committing the Supream Authority to five six or more when it is visible that the Army must stand by to poize the affairs of the whole Nation It is to be granted that the Army may with more case and safety change a new-elected Parliament then dissolve this in regard they are wound into an Interest 3. Whether that the faith of any four or five or more be a sufficient security to the interest of the Publike 4. Whether or no that constituting of a Supream Authority by an Army be not the converting of the Authority into the hands of one person in as much as all are under a Discipline Whether this be not next door to Monarchy 5. Whether or no it doth behove such as must own so high proceedings as the Change of Government to endeavour to see into the bottom lest there should be a preparation to Absoluteness and Tyranny 6. Whether it be fit to trust a number of men because so and so qualified to appearance when it hath been frequently known that many have pretended much to Vertue and Unbyass'dness but when they have once obtained Government they have proved wicked Tyrants 7. What is to be understood by the People of God since there is of the people of God amongst Anabaptists Independents Presbyterians and others And all of these being Judges of their own causes judge

themselves to be the people of God Whether then it be not a Faction to side with any one Society in opposition of another 8. Whether that a new Parliament called to sit six monet hs would not be greater security to the Publike interest then a number of men that either have no limitation as to time nor otherwise but what they receive from an Army by consequence from one Person And there is no one person under Heaven but is swayed by Affection 9. Whether or no is the giving of the Supreim Power into the hands of five or six or more such a thing as the Government of a Common Wealth when the Common-Wealth is excluded from the liberty of making a choice of persons to govern 10. Whether it be not a cursed Principle to side with a Party in a Change of Government to no other end then in having a share of it or to obtain a share of their favour that shall govern These Queries J. S. did not publish to any but the Officers who in the late Change did acknowledge themselves concerned in a great measure to respect the Particulars therein contained and under correction J. S. thought it had been their Duty to have minded it upon the delivery of them but it was not the Will of God they should but now it is demonstrable that it was for good that then they should not for thereby they have been taught an excellent Lesson Not to trust to Men but rather to good Constitutions and good Lawes This is mentioned to Evince That J.S. did not write or publish them out of a Factious or Turbulent mind but as his Duty as a Member of the Army unto whose Consideration he nnely Referred them For the which he was committed to the Marshall-General and was brought before a Court-Martial they pass this Sentence That they judged him not fit to bear Office in the Army of England Ireland or Scotland and immediately discharged him After about the space of six weeks he was apprehended for writing printing and publishing of a Book entituled The Grand Politick Informer the substance thereof was to this purpose viz. the setting forth the danger of Trusting the Arms of a Common-Wealth in the hands of a single Person the best means to prevent a Tyranny and to preserve a people free as also the Asserting the Politicall Rules for gaining the Arms out of the hands of a Tyrant by which he aweth a People also Rules to hold the People to obedience by Justice without the use of Arms and the like For this was J. S. by an Order of the Councel of the Little Assembly committed first six weeks to the Custody of Humphrey Holding then a Messenger afterwards on the 12th ●ay of September 1653 he was committed to the Gate-house by vertue of this Warrant These are to will and require you to take the body of John Streater and him you shall safely keep prisoner in your Prison of the Gate-house he being committed for pdblishing of Seditious Pamphlets against the State Of which you are not to fail And for so doing this shall be your sufficient Warrant Given at the Councel of State sitting at Whitehall the 12th day of Septemb. 1653. Ch. Howard S. Mover Rob. Titchburn Presid R. Lawrence J. Hewson To the Keeper of the Gatehouse In which prison he lay until the beginning of Michaelmas Terme at which time by Councel he moved Judge Roles by a Habeas Corpus it being granted he was brought before the Judges on the 23 of Novemb. 1653. being brought to the Bar and turned over to the Uppet Bench prison he had 5 Counsellors at Law attending the Cause upon which there was learned Arguments urged for the deliverance of the Prisoner who was detained contrary to Law for that the Warrant did nor shew cause but in general termes which was not good in Law but the enemies of Justice procured an Order of the then setting little Cconvention as followeth By vertue of an Order of Parliament bearing date this present 21 day of November These are to will and require you to receive and take into your custody the body of John Streater and him to keep and retain in safe custody until he shall be delivered by Order of Parliament Whereof you are not to fail as you will answer the contrary at your peril Given under my hand this 21 of Novemb. 1653. Francis Rous Speaker To the Keeeper of the Gatehouse Westminster Whose Authority was alleadged to be superior to the Judges therefore after 7 times appearing at the Bar he was remanded to the Gate-house at which time the high Court of Justice was set up to try the prisoner but it fell by the late Protectors dissoliving the said little Assembly Now for that the Argument of the prisoner is of so great use it being delivered by him with an Audible voice at the Bar it shall be here inserted as it was taken in short hand and after printed in his Tryal at large Mr. John Streater's Argument to the second part of the Return My Lord AS to the second part of the Return that mentioneth an Order of Parliament I make this Exception That it doth not mention any cause at all of my imprisonment And seeing it doth not shew cause it is of lesse strength then the former part of the Return wherein is cause shewn though not a lawful cause And therefore there may be no more but only the bare reading of it to shew the insufficiency of that part of the Return But here if it should be objected that it is grounded upon an Order of Parliament and that the Parliament are not bound to shew a cause Truly I am of opinion that the Parl. would not own any one that should so argue it being so perfectly repugnant to their Honour it being condemned in Parl. within our memory as unjust illegal unreasonable and perfectly contrary to Law and Law is the only Scepter of Senates Parliaments Councels Empires Kings Princes Governours and Magistrates The late Parliament in their Declaration constituting England a Free State March 1648. say that their only Authority is by the Law Again they say that they are sersible of the excellenty and equality of the Law of England Also that they shall uphold true approved Rules of the Law of England And that the good old Laws and Courts of Justice and the custom of England are the badges of our Freedom Rights and Priviledges And this Parliament hath declared that they will be tender of our Rights and Priviledges The which we enjoy by our Laws 29 Chap. Magna Charta None shall be taken or imprisoned but by a legal proceeding according to the old Law of the Land The words None shall be taken imply that none shall take or imprison any contrary to Law And it cannot be denied but the Law intendeth the protection of innocent persons in freedom And there being no cause shewn in the Return let the command come from whence it will the Law