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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

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will warrant a discharge If it be by an Order of Parl. if the Order shew not cause of imprisonment not a cause only but a lawful cause Parliaments ever made Laws but the Judges of the Law judged by those Law Who will question but that the Warrant of a Justice of Peace shewing lawful cause of imprisonment is of greater force in Law then an Order of Parl. shewing no cause of imprisonment But my Lord the Parl. is here it is their Authority that I apply my self unto there is nothing can be done her e but by their Authority that is to say the Law And therefore the Law and several Acts of Parl. as that of the 17th of the late King and divers others say that I shall be discharged Shall an Order of Parl. over rule Laws Statutes Customs Usages and Reason No my Lord doubtless the Parliaments intention in ordering that I shall not be delivered but by Order of Parl. is that I should be delivered by order of Law as I here expect now and do not question in the least Order of Law may be reckoned as the comliest of all the Parliaments Orders Surely none will alleadge that the Parl. intendeth to stop the proceedings of Law that may relieve me or that this Order of Parl. is superiour to Authority of Parl. that is judicially in this Court My Lord the inferiour must give way to the superiour The same reason that the Commons in Parl. of the 4th of the late King judged of the invalidity of the Record in James Domestris and Caesar's Case for that it was not argued or debated it was not of weight to be a sufficient Record the same reason I say may be given for an Order of Parl. not to be in force against an Act of Parliament An Order of Parl. hath but the same proportion with an Act of Parl. that a Verbal command hath with a command by Record for that there are not the debates deliberations and three times of reading of an Order of Parliament as is at the establishing an Act of Parliament My Lord besides any rational man will think that the wisdom and prudence of the Parl. is such that they will not lay up such a portion for their successors and children as a Record that shall be a Law or President to after-ages shat shall be in effect That J. S. was remanded to prison by the vertue of an Order of Parl. when no cause is shewn in the one part of the Return nor lawful cause in the other When the Supreme Authority of Parl. the Law and Acts of Parl. that contain Law say expresly that if no cause or lawful cause be shewn in the Return for imprisonment that thou the prisoner shall be set at liberty And Anno 20. Edw. 3. chap. 1. That if Commands come to the contrary the Judges shall not cease to do even Law and Right Besides Sir Edw. Cook 4 part Instit chap. 10. High Court of Parliament intimateth that an Act of Parl. is not pleadable in a Court of Record but by Record or under the Seal And M. Sadler in his Book intituled The Rights of the Kingdom and Customs of our Ancestors saith as much Then much lesse an Order of Parl. that is not recorded upon the Parl. Rolls it self My Lord it is not to be imagined neither do I think that the Parl. expecteth that their Order the inferiour part of their power the Law and Acts of Parl. that command Law which is judicially here as I said before My Lord all Acts of Parl. that are unrepealed are their own they are not theirs when they disown them by repealing until then they are with not otherwise in force and are Law My Lord A Parl. as they command Law may be called the Wisdom and Reason of the Nation Anno 4. Hen. 7 chap. 12. the Law is called The policy of the Nation Indeed it is so Justice is the best policy as I said before None can demonstrate what Justice is without the Law be as the golden Mete-wand that Sir Edw. Cook cautions Parliaments to leave all Causes to be measured by 4 part Instit fol. 41. Upon the question of H. 8. to the Judges Whether a man might be attainted of High-Treason in Parliaments and not to call him to his Answer the Judges answer was That an inferiour Court could not in Law or Justice do so and their opinion was That the higher the Court is the more just they ought to be It is not to be supposed that a Parliament will act contrary to their wisdom and policy which is the Law or that they would have their inferiour power take place of their superiour power Neither will the Parliament plead against me with their Power no surely but by Law legally else they would have nailed up my prison-doors with armed men and never have suffered me to come to this Bar. And if that they bad not intended that I should have been acquitted they doubtless would have shewn cause I know there can be no lawful cause of imprisonment shewn against me My Lord Job's friends they tell Job that because he was guilty in their opinion in the sight of God of sin Job 22.4 Will he meaning God reprove thee for fear of thee will he enter with thee into Judgment As much as to say That God would cut him off from amongst men because he was sinful and God powerful But saith Job chap. 23.3 O that I knew where I might find him that I might come to his seat I would order my cause before him and fill my mouth with arguments I would know the words which he would answer me and understand what he would say unto me WILL HE PLEAD AGAINST ME WITH HIS GREAT POWER NO but he would put strength in me There the righteous might dispute with him c. And Chap. 38. ver 32. God saith Gird up thy loyns like a man for I will demand of thee c. And herethat God that declared his power and wisdom visibly in the creation of creatures great in magnitude as the Leviathan sweet in influence as the Pleiades swiftnesse and courage of the horse in the day of battel and so of the whole creation That this great and glorious eternal God that gave a being to all beings by one onely conception of his mind he willed them to be and they were this God pleaded with Job by and by in Chap. 42. vers 4. Hear I beseech thee and I will speak I will demand of thee and declare thou unto me My Lord will the Parliament plead against me with their power that is to say what they may do Surely they will not but rather strengthen me by affording me the benefit of Law at this time and place which is the utmost of what I do expect and the which they ought to do by which I shall arrive at my liberty which is my right by Law in regard there appeareth no cause in the one part of the Return