Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	act_n	king_n	parliament_n	4,616	5	7.4258	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88219	London's liberty in chains discovered. And, published by Lieutenant Colonell John Lilburn, prisoner in the Tower of London, Octob. 1646.; London's liberty in chains discovered. Part 1	Lilburne, John, 1614?-1657.; Lilburne, Elizabeth. To the chosen and betrusted knights, citizens and burgesses, assembled in the high and supream court of Parliament.; England and Wales. Parliament.	1646 (1646)	Wing L2139; Thomason E359_17; Thomason E359_18; ESTC R9983	57,117	77

to get me my liberty For then all my friends and acquaintance would conclude that the Lords had set his Masters and him on to murder me as the Earle of Northampton and the Earle of Sommerset set Sir Gervis Elvis the Lieutenant of the Tower and Weston his servant to murder Sir Thomas Overbury in his imprisonment in the Tower of London for which act they were both deservedly and justly hanged which might hazard at the least either the pulling down or breaking open the prison to see what was become of me Therefore I wished him to be advised what he did for I assured him I would improve all the interest I had in the world to effect it For before I will be murdered I would sell my life at as deare a rate as it was possible for me to sell it at And at another time I turned him to the Parliaments Declaration 2 N. 1642. Book Declar. pag. 722.723 Where speaking of the difference betwixt the King and themselves in answer to something said by him about the interpretation of the Statute of 25. E. 3. that they would take away his power from him they demand a question How that doth appeare And they answer Because we say it is treason to destroy the Kingdome of England as well as the King of England and because we say that the King of England hath not a power to destroy the lawes and people of England And what is that interpretation of that Statute that no learned Lawyer will set his hand to That treason may be committed against the Kings Authority though not directed against his Person Doe there want say they presidents or Book-cases to make this good Or is it not that they cannot see wood for trees that look after presidents to prove this which at length is acknowledged in his Majesties Proclamation of the 18. of June Is it then that interpretation of the Statute that the raising of force in the maintenance of his Majesties Authority and of the Lawes against those that would destroy both it and them is no treason though such acts of traitors and rebels should be in pursuance of his Majesties personall commands and accompanied with his Presence And have we cited no presidents to this purpose What are those then of Alexander Archbishop of Yorke Robert de Veere Duke of Ireland and the rest in the time of Richard the second which we caused to be published whose levying of Forces against the authoriy of the Parliament and to put to death divers principall members of both Houses by the Kings expresse command which he promised to accompany with his presence was by two Acts of Parliament judged Treason And the Act of such levied forces to suppresse them was judged good service to the Common-wealth These presidents are said to be grounded upon repealed Statutes and wee have indeed heard it said so twice but wee never heard the Statute that repealed them cited once And whether the Parliament of the eleventh of Richard the second was a more forced Parliament then that of the twenty first of Richard the second which repealed the Acts thereof And whether that of the first of Henry the fourth which repealed that of the twenty first of Richard the second and all the acts thereof and revived that of the eleventh of Richard the second and all acts made therein was ever yet repealed And consequently whether those two acts of the eleventh of Richard the second and the first of Hen the fourth doe not still stand in force None that are acquainted with the Records and History of that time can deny or so much as doubt But doe we need Presidents in this case Is it not a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him And how then say they shall it excuse Rebels and Traytors and how shall it hinder the Kings Courts and Ministers to proceed against them judicially if they submit or by force if they make opposition with force If the King might controll all the Courts in Westminster Hall and the High Court of Parliament it selfe and make it good by force what were become of the known legall government of this Kingdome or what a Jewell had we of the Law or what benefit of being Governed according to Law if all Lawes might by force be overthrown and by force might not be upheld and maintained Now Mr. Brisco said I if the Kings commands and power cannot overthrow the Law much lesse can the Lords commands who are farre inferiour in power unto him their absolute earthly Creator and Master from whom they have derived all that they have and therefore cannot be above him For it is a maxime in Nature and Reason That there is no Being beyond the power of Being And another Maxime it is That every like begets its like but not more And therefore impossible it is that their power should be above the power of their begetter or Improver the King Again Mr. Brisco said I if here by the confession of the Lords themselves for they joyned in the making of this very Declaration it be a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him then much lesse are you your Master Wollaston nor his Masters the Sheriffes of London excusable for executing the Lords illegall and barbarous Warrants and Orders upon me which they doe not accompany with their presence to see put in execution Therefore Mr. Brisco assure your selfe that if I live I will turn all the stones in England that possibly I can turne but I will have justice satisfaction and reparations from you and all your masters for executing the Lords illegall Orders and Commands upon me At which hee told me he and his Masters were Officers and must execute the commands the Lords gave them without the disputing the illegality of them Wel then said I by the same Rule if the Lords who have no legall authority over me send you a Warrant to hang strangle or stab me or cut off my head in prison although I have had no legall triall according to the Law of the Land you will put it in execution And as well said I may you doe that as to doe to me as you have done and besides I know no Ground they had to receive mee a prisoner upon the Lords Warrant at all especially considering according to Magna Charta the Petition of Right c. none of their Warrants of commitments of me have either legall beginning or legall conclusions And excellent to this purpose are those Golden expressions of the most worthy Lawyer Sir Edward Cook in his exposition of the 29. chap. of Magna Charta in his 2. Part. Instit fol. 52. Where expounding what is meant by per legem terrae that is the law of the land having spoken of divers things he comes to speak of Commitments and saith Now seeing no man

can be taken arrested attached or imprisoned but by due processe of law and according to the law of the land these conclusions hereupon doe follow First that a Commitment by lawfull warrant either in deed or in law is accounted in law due processe or proceeding of law and by the law of the land as well as by processe by force of the Kings Writ Secondly That he or they which doe commit them have lawfull authority Thirdly That his warrant or MITTIMVS be lawfull and that must be in writing under his hand and seale Fourthly The CAVSE must bee contained in the WARRANT as for Treason Felony c. or for suspition of Treason or Felony c. Otherwise if the MITTIMVS contain no cause at all if the prisoner escape it is no offence at all Whereas if the MITTIMVS contained the cause the escape were Treason or Felony though he were not guilty of the offence And therefore for the Kings benefit and that the prisoner may bee the more safely kept the MITTIMVS ought to contain the cause Fifthly the Warrant or MITTIMVS containing a lawfull CAVSE ought to have a lawfull CONCLVSION Viz. and him safely to keep untill he be delivered by Law c. and not untill the party commiting doth further order And this doth evidently appeare by the Writs of Habeas Corpus both in the Kings Bench and Common Pleas Exchequer and Chancery which there Hecites But Mr. Briscoe I am a legall man of England who in all my actions have declared a conformity to the lawes thereof and have as freely adventured my life for the preservation of them as any Lord in the Land whatsoever he be hath done And besides I have to doe with those very LORDS that have stiled themselves The Conservators of the Lawes and Liberties of England and wish in their printed Declarations the plague and vengeance of heaven to fall upon them when they indeavour the destruction and subversion thereof And therefore I expect in every particular to be dealt with according to Law my inheritance and the inheritance of all the free Commoners of England and not otherwise and my life and blood I will venture against that man what-ever he bee that shall attempt the contrary upon me for the Free-born men of England yea the meanest of them can neither by the command of the King nor by his Commission nor Councell nor the Lord of a Villain can or could imprison arrest or attach any man without due processe of law or by legall judgement of his equalls viz. MEN OF HIS OWN CONDITION or the Law of the Land against the forme of our defensive great Charter of Liberty Nay in old time a Pagan or an Heathen could not be unjustly imprisoned or attached or arrested without due processe of Law as appeares by the Lawes of King Alfred Chap. 31. and consonant to this doctrine and that forementioned in the Parliaments Declaration is the judgment of Sir Edward Cook in the 186 187. pages of the 2. part of his Institut and which was so resolved for Law as hee there declares 16. H. 6. and yet notwithstanding all the discourse I had with Briscoe the Sheriffes Clerk of Newgate about 9 a clock at night the Sheriffes the next morning sent 30. or 40. of their Varlets that wait upon the Theeves and Rogues and the Hang-man to Tyburn to carry me by force nolens volens to the Lords Bar those Vsurpers and Incrochers to receive my most illegall unjust barbarous and tyrannicall sentence My third reason is because I have not only been so evilly and unjustly dealt with this year by the Sheriffes of London but also the last year by the Lord Major of London Alderman Atkins and Mr. Glyn Recorder thereof when I was committed to Newgate by the House of Commons for what to this day I doe not yet know yet Mr. Glyn so thirsted after my blood that as I was from very good hands credibly informed he was a main stickler to get an Order to passe that House to have me tryed at the Sessions of Newgate for my life saying as I am told in the house to some members thereof turn him over to me and I will hamper him to the purpose of which when I heard it was not for me to sit still and therefore I got published certain Quere's to state my case in one side of a sheet or paper the substance of which you may read in a printed Book called Englands Birth-right And what was the issue of that businesse you may fully and truly read in my fore-mentioned answer to Mr. Pryns notorious lyes falshoods and calumnies especially in pag. 28 29 30 31 32 33 34. to which I refer the Reader And then secondly there was a false and base report raised spread and divulged by Mr. Pryn and some other of my bitter Presbyterian Adversaries those bloudy cozen-Germans to the persecuting Bishops meerly to make me and my friends odious to the people that so instead of enjoying a legall tryall and the benefit of the Law our common Inheritance we might by the rude multitude be either stoned to death or pulled in pieces which report was that I had conspired with other Separates Anabaptists to root out the Members of this Parliament by degrees beginning with Mr. Speaker whom if we could cut off as Pryn saith it in print in his book called The Lyar cōfounded all the rest would follow and if this succeeded not then to suppresse cut off this Parliament by force of Arms set up a new Parliament of our own choice faction my answer to which abominable false charge you may read in my fore-mentioned answer to him pa. 35. And there running divers of his Authentical witnesses and Creatures little better then Knights of the Post up and down London and at last one or more of them came into Houndsditch to one Mr. Rogers c. to insnare him and told him of the plot but he like a wise man apprehended him by a Constable and carryed him before the then Lord Major who dealt neither faire honestly nor justly with me nor them no nor with the Kingdome c. But in regard it may at a distance touch upon some present Member or Members of the House of Commons with whom I do ingeniously confesse I have no desire at all to contest I cease it though it was as mischevous a plot against me as ever in my life was contrived against mee and which had come out to the bottome if my Lord Major had been as just and honest as a righteous Judge ought to be and had not been so full of prerogative-principles as to feare Man more then God My fourth reason is because I have not only been robbed of my trade by the monopolizing Merchant-Adventurers and so evilly hardly and unjustly dealt with by the late Lord Major the two Sheriffes and tho Jaylors of Newgate all Mr. Recorders pride and malice all prerogative Officers in London but also have