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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
end_n	act_n	parliament_n	session_n	2,713	5	11.3473	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88231	The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2153; Thomason E427_4; ESTC R202741	121,715	88

death and incurre the forfeitures of his Goods and Chattells Lands Tenements and Hereditaments of any estate of free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than be or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politique and corporall their Heires and Successors others then the said Earl and his Heires and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present act and his Maiesties assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Session of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance untill the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been Now after these small collection of Statutes I shall give you some generall heads of things that I conceive are very necessary for you to know for the preservation of your lives liberties and estates in this murdering robing plundering and law and liberty destroying age and because tythes are of such concernment to al the honest nown substantive free men of England and so dayly a grievance to the conscientious and moral iust men of this Kingdome by reason of the Priests and persons coveteous indeavouring to rob the people of there truly come by goods which they have no right unto either by the Lawes of God reason equity or nature against which that you may be the better fortified I shall insert here the plea and answer of William Browne unto the bill of the parson of Stepny with some marginall notes upon it and some other things depending upon it The plea thus followeth The Plea answer of William Brown one of the defendants to the Bill of complaint of Josuah Hoyle intituled by the said bil Doctor of Divinity and vicar of the Parochiall church of Stepney alias Stichen heath in the County of Midlesex pretended debtor to the Kings Majesty that now is THe said defendant by protestation not confessing nor acknowledging any thing in the said bil of cōplaint material against the said defendant to be true but rather devised set forth of purpose to put him this defendant to wrongfull vexation costs and charges and expences in Law for plea saith that by the plantifes own shewing forth the complainant hath no just cause to sue this defendant upon his said bill in this honouable Court neither is this defendant compellable to answer the same for that the said complainant by his said bil alleadgeth and saith that there is and time out of minde where of the memory of man is not to the contrary hath been an ancient custome and usage that the inhabitants of the said parish have alwayes paid unto the Vicars of the said parish for the time being a composition rate for milch Cowes orchards gardens lands and sowes and oblations of poultry as in the said bil of complaint is set forth which if any such custome and usage be the same is triable at the COMMON law † † This is a mistake of the councell that drew the plea for tythes by the statute law of this Kingdome are only recoverable in the ecclesiasticall courts and not at the common law as fully and clearly appeares by the 1 of Ed. 6. chap. 13. and the ecclesiasticall Iurisdiction is totally abolished by act of Parliament this present Parliament anno Caroli Regis 17. so that by law the Parsons can recover no tythes and not in this honourable Court upon the said bill of Complaint And therefore this Defendant humbly prayeth judgement of this honourable Court whether he shall make any further answer to the said complainants Bill of Complaints Neverthelesse if he this Defendant shall be ordered to make any further or other answer unto the said Complainants Bill of Complaint then and not otherwise this Defendant all benefit and advantage of exception to the uncertainties insufficiencies of the said Complainants said Bill still to this Defendant now and at all times hereafter saved for further answer thereunto this Defendant saith That he verily beleeveth it to be true that for some hundred of yeares while the Kingdome groaned under the Papall yoake and was subiect to the Popes supremacie Tyths and certaine manner of Tything and other oblations were exacted and taken by the PAPALL Bi●hops Parsons Vicars and Curates of many Parishes and of a great part of this Kingdome untill ●he Popes supremacie and iurisdiction within this kingdome and all appeale to the sea of Rome were abrogated and annulled by divers severall Statutes * * Penalty for maintaining the authority of the Bishop of Rome 5. Eliz. chap 1. Penalty to draw any subjects from their ●bedience to the King to the Roman religion Idem And this Defendant verily beleeveth that the Popish Bishops Parsons and Vicars and their substitutes since retained and continued in the Church of England did afterwards receive and take tythes and certain manner of tything and other oblations of several parishes within this kingdome for their wages Cure and reading the Book of Common Prayer † And this Defendant saith ●hat the said Inhabitants of the said Parish in the said bill mentioned or any of them did never ●ay or were ever accustomed to pay unto any Vicars of the said parish the said composition for milch Cowes Orchards Gardens Lands and Sowes or other oblations as in the said bill is and set forth or any other composition or rate for the same but only to such Vicars thereof as were made and ordained Ministers by the Bishops some or one of them † † The names functions and stiles of Bishops are taken away Ord. 9. Octob. 1646. and their Episcopall iurisdiction and power with their tythes vicarages personages c. And what composition or rate for milch Cowes Orchards Gardens Lands or Sowes or other oblations the said Inhabitants or any of them did pay unto any of the said Vicars for the time being of the said parish in the said Bill mentioned since the abolishing of the Popes supremacie the same was payed for officiating reading the book of Common Prayer and administring the Sacraments

no prohibition hanging and the party condemned doe not obey the said sentence that then it shall be lawfull to every such Iudge Ecclesiasticall to excommunicate the said party so as afore condemned and disobeying in the which sentence of excommunication if the said party excommunicate wilfully stand and endure still excommunicate by the space of 40. dayes next after upon denunciation and publication thereof in the Parish Church or the place or Parish where the party so excommunicate is dwelling or most abiding the said Iudge Ecclesiasticall may then at his pleasure signifie to the King in his court of Chancery of the state and condition of the said party so excommunicate and thereupon to require processe De excommunicato capiendo to be awarded against every such person as hath been so excommunicate The 13. of Elizabeth Cha. 12. fol. 1099. Reformation of disorders in the Ministers of the Church THat the Churches of the Queens Majesties Dominions may be served with Pastors of sound Religion be it inacted by the authority of this Present Parliament That every person under the degree of a Bishop which doth or shall pretend to be a Priest or Minister of Gods holy word and Sacrament by reason of any other forme of institution Consecration 3. Ed 6. 12. 5. Ed. 6. 1. or ordering than the forme set forth by Parliament in the time of the late King of most worthy memory King Edward the sixth or now used in the reign of our most gracious Soveraign Lady before the feast of the Nativity of Christ next following shall in the presence of the Bishop or Guardian of the spiritualities of some one diocesse where he hath or shall have Ecclesiasticall living declare his assent and a a Dyer fo 377. subscribe to all the Articles of Religion which only concerne the confession of the true Christian faith and the doctrine of the Sacraments comprised in a book imprinted entituled Articles whereupon it was agreed by the Arch B●shops and Bishops of both Provinces and the whole Clergie in the Convocation holden at London in the yeare of our Lord God a thousand five hundred sixty and two according to the computation of the Church of England for the avoyding of the diversities of opinions and for the establishing of consent touching true Religion put forth by the Queens authority and shall bring from such Bishop or Guardian of spiritualties in writing under his seale authentick a testimoniall of such assent and subscription and openly on some Sunday in the time of some publique service afternoone in every Church where by reason of any Ecclesiasticall living he ought to attend read both the said testimonial and the said Articles upon pain that every such person which shall not before the said Feast doe as is above appointed shall be b b Cook l. 6. fo 29. ipso facto deprived and all his Ecclesiasticall promotions shall be void as if he then were naturally dead And that if any person Ecclesiasticall or which shall have Ecclesiasticall living shall advisedly maintaine or affirme any doctrine directly contrary or repugnant to any of the said Articles and being convented before the Bishop of the Diocesse or the Ordinary or before the Queens Highnesse Commissioners in causes Ecclesiasticall shall persist therein or not revoke his error or after such revocation eftsoones affirme such untrue doctrine such maintaining or affirming and persisting or such eftsoon affirming shall be just cause to deprive such person of his Ecclesiasticall promotions And it shall be lawfull to the Bishop of the Diocesse or the Ordinary or the said Commissioners to deprive such persons so persisting or lawfully convicted of such eftsoones affirming and upon such sentence of deprivation pronounced he shall be indeed deprived And that no person shall hereafter be admitted to any Benefice with Cure except he then be of the age of three and twentie years at the least and a Deacon and shall first have subscribed the said Articles in presence of the Ordinary and publikely read the same in the Parish Church of that benefice with declaration of his unfained assent to the same And that every person after the end of this Session of Parliament to be admitted to a benefice with Cure except that within two moneths after his induction he doe publiquely read the said Articles in the same Church whereof he shall have Cure in the time of Common Prayer there with declaration of his unfeined assent thereto and be admitted to minister the Sacrament within one yeare after his induction if he be not so admitted before shall be upon every such default ipso facto immediately deprived And that no person now permitted by any dispensation or otherwise shall retain any Benefice with cure being under the age of one and twenty years or not being Deacon at the least or which shall not be admitted as is aforesaid within one year next after the making of this act or within six moneths after he shall accomplish the age of 24. yeares on pain that such his dispensation shall be meerly void And that none shall be made Minister or admitted to preach or administer the Sacraments being under the age of 24. years nor unlesse he first bring to the Bishop of that Diocesse from men known to the Bishop to be of sound Religion a Testimoniall both of his honest life and of his professing the doctrine expressed in the said Articles nor unlesse he be able to answer and render to the Ordinary an accompt of his faith in Latine according to the said Articles or have speciall gift and ability to be a Preacher nor shall be admitted to the order of Deacon or Ministry unlesse he shall first subscribe to the said Articles And that none hereafter shall be admitted to any Benifice with Cure of or about the value of thirty pounds yearly in the Queens Books unlesse he shall then be a Batchelour of Divinity or a Preacher lawfully allowed by some Bishop within this Realme or by one of the Universities of Cambridge or Oxford And that all admissions to Benefices Institutions and inductions to be made of any person contrary to the forme or any provision of this Act and all tolerations dispensations qualifications and licences whatsoever to be made to the contrary hereof shall be meerly void in law as if they never were Provided alway that no title to conferre or present by a a Dyer fo 377. 346. 369. Co. ll 6. fo 29. lapse shall accrue upon any deprivation ipso facto but after six moneths after notiec of such deprivation given by the Ordinary to the Patron The 1. of Iames Chap. 10. fol. 1262. Nothing shall be taken for the report of a Case referred by any Court FOrasmuch as all exactions extortions and corruptions are odious and prohibited in all well governed Common-weales Be it inacted that no person to whom any order or cause shall be committed or referred by any of the Kings Iudges or Courts at Westminster or any

arbitrary power like Turkish Janisaries In the rhird place I answer that it is against reason law conscience justice and equity to subject me at one and the same time or any other free Commoner of England under the sting and power of two distinct Lawes and such a bondage as is insupportable and such a snare of intanglement that no mans life whatsoever can be safe or secure under it that I shall be liable to be questioned and destroyed by the common Law of the Kingdome and then be at the wills of mercenarie Turkish Ianisaries in case the common Law will not reach me to be questioned and destroyed by an unjust arbitrary Martiall law and if it can be justly proved against me that I have made any tumults the Law and the ordinarie Courts of justice are open by which and by no other rules and proceedings J ought to be tryed and if it be said or can be proved that J have belied or scandalized the Generall to the taking away of his good name c. yet scandalum Magnatum is not to be tried by Martiall Law nor yet either by the House of Commons or the House of Lords but only alone now the Star-Chamber is down by an Action at cōmon Law † † As is cleare by the Statutes of 3. Ed. 1. 33. 37. Ed. 3. 18. 38. Ed. 3. 9. 42. Ed. 3. 3. 2. R. 2. 5. 12 R. 2. 11. 5. part Cookes reports pag. 125. 13. H. 7. Kelway 11. Eliz. Dier 285. 30. Affiz pla 19. Liev. Col. John Lilburnes Grand Plea of 20. October 1647. pag. 7. 8. by a Jurie of my equals no where else it being a Maxime in Law That wher remedy may be had by an ordinary course in law the party grieved shall never have his recourse to extraordinaries * * See Vox Plebis pag. 38. Lievt Col. Jo. Lilburnes Anatomie of the Lords Tyranny pag 10. And besides for you to proceed with me and to be both Parties Jury and Iudges is a thing that the Law abhorres † † See 8. H. 6. fol. 21. Eliz. Dier 220. Dr. Bonhams case 8. part of Cooks Repots and Lievt Col. Jo. Lilburnes grand Plea pag. 10. In the fourth and last place J answer that the Parliament it selfe neither by Act nor Ordinance can justly or warrantably destroy the fundamentall liberties and principles of the common Law of England * * See Mr. Henry Martins answer to the Scotchpapers called the Independency of England at the last end it being a maxime in law and reason both That all such Acts and Ordinances are ipso facto null and void in law and bind not at all but ought to be resisted and stood against to the death But for them to give you a power by Marshal Law or under any other name or title whatever by your arbitrary tyrannicall wills without due course and processe of Law to take away the Life or Liberty of me or any free Commoner of England whatsoever yea or any of your own Souldiers in time of peace when the Courts of Iustice are all open and no visible declared enemie in Armes in the Kingdome ready to destroy it is an absolute destroying of our fundamentall Liberties and a rasing of the foundation of the Common Law of England † † But besides all this I doe confidently believe that the Parliament never gave power unto the Generall since the wars ended to execute Martiall Law neither doe I believe that some chiefe Executors of Martiall Law have any Legall Commission from the Parliament who never that I could heare of ever gave power unto the Generall of himself to make generall Officers and besides all the Parliament men that are Officers in the Army were as I have been groundedly told formerly taken off by an Ordinance of both Houses which was never repealed since And therfore such a power of Arbitrary Marshall Law cannot justly by the Parliament in time of peace c. be given unto you nor if it were be justly or warantably executed by you And besides both houses themselves by an Ordinance unlesse they alter the whole constitution of this Kingdome can take away the life of no free Commoner of England whatsoever especially in time of peace And therefore that which is not within their owne power to do they cannot by an Order or Ordinance grant power to Sir Thomas Fairfax c. to do it being a Maxime in nature That beyond the power of being there is nor can be no being But it is in the power of the Parliament or the two Houses or the House of Commons themselves as the present constitutions of this Kingdome stands either by Order or Ordinance to take away the life of any free commoner of England * * See Sir E Cooks 2 part institut fo 47 48. 3. part fol. 22. and 4. part fol. 23. 25. 48. 291. all of which bookes are published for good law to the Kingdom by 2. speciall Orders of the present House of Commons as you may read in the last pa. of the second part institut see also the Petition of Right And therefore they cannot by an Ordinance or Order especially in times of peace give power to Sir Thomas Fairfax by Marshall Law unlesse they totally alter the Constitutions of the Kingdome to take away the life or lives of any free Commoners of England which all Souldiers are as well as others † † See the Armies Declaration of the 14. Iune 1647. Book of their Declarations pag. 39. and their Letter from Royston to the Lord Mayor of London of the 10. Iune 1647. which the Printer hath neglected to print in their book of Declarations * and therefore it is absolute murther in the Generall and the Councell of Warre now to shoot to death hang or destroy any Souldier or other Commoner what ever by Marshall Law for which they may be indicted at the Kings Bench barre And therefore J doe the third time as a friend advise you to cease your illegall arbitrary tyrannicall Marshall Law proceedings with me that am no Souldier and so not under the least pretence of your Marshall Iurisdiction least in time to come you pay as deare for your arbitrarie illegall proceedings with me as Sir Richard Empson and Mr. Edward Dudley Iustices did who as Sir Edward Cook declares in his 2. and 4. part of his Institutes where very officious and ready to execute that illegall Act of Parliament made in the 11. H. 7. cap. 3. which gave power unto Iustices of Assize as well as Iustices of the Peace without any finding or presentment by the verdict of twelve men being the ancient birth-right of the Subject upon a bare information for the King before them made to have full power and authority by their discretions to heare and determine all Offences or contempts committed or done by any person or persons against the form ordinance