Selected quad for the lemma: house_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
house_n	contrary_a	king_n	knight_n	139,856	5	12.4234	5	true
house_n	contrary_a	king_n	knight_n	139,856	5	12.4234	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56178	A legall vindication of the liberties of England, against illegall taxes and pretended Acts of Parliament lately enforced on the people: or, Reasons assigned by William Prynne of Swainswick in the county of Sommerset, Esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended Act of some commons in (or rather out of) Parliament	Prynne, William, 1600-1669.	1649 (1649)	Wing P3996A; ESTC R206108	46,568	58

the Parliament as Modus tenendi Parliamentum and Sir Edward Cooks 4. Instit. p. 3. resolve which wa●… summoned and constituted only by his writ now b actually abated by his death and the Parliament as it is evident by the clauses of the severall Writs of Summons to c the Lords and for the election of Knights and Burgesses and levying of their wages being onely PARLIAMENTUM NOSTRUN the Kings Parliament that is dead not his H●…irs and Succ●…ssors and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT there to be present and conferre with HIM NOBISCUM not His Heirs and Successors of the weighty urgent aff●…ires that concerned NOS HIM and HIS KINGDOME of England and the K●…ights and Burgesses receiving their wages for Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo c. quod sommoneri FECIMUS ad tracta●…dum ibidem super diversis arduis Negotiis NOS Sta●…um REGNINOSTRI tangentibus as the tenor of the d Writs for their wages determines The King being dead and his Writ and Authority by which they are summoned with the ends for which they were called to confer with HIM about HI●… and HIS KINGDOMS affairs c. being thereby absolutely determined without any hopes of revivall the Parliament it self must thereupon absolutely be determined likewise especially to those who have dis-inherited HIS HEIRS and SUCCESSORS and voted down our Monarchy it self and these with all other Members of Parliament cease to be any longer Members of it being made such only by the Kings abated Writ even as all Judges Justices of peace and Sheriffs made only by the Kings Writ or Commission not by Letters Patents cease to be Judges Justices and Sheriffs by the Kings death for this very reason because they are constituted Justiciarios Vicecomites NOSTROS ad Pacem NOSTRAM c. custodiendam and he being dead and his Writs and Commissions expired by his death they can be his Judges Justices and Sheriffs no longer to preserve HIS Peace c. no more then a wife can be her deceased Husbands Wife and bound to his obedience from which she was loosed by his death Rom. 7. 2 3. And his Heirs and Successors they cannot be unlesse he please to make them so by his new Writs or Commissions as all our e Law-books and Judges have frequently resolved upon this very reason which equally exnends to Members of Parliament as to Judges Justices and Sheriffs as is agreed in 4 E. 4. 43 44. and Brooke Office and Officer 25. Therefore this Tax being clearly imposed not in but out of and after the Parliament ended by the Kings decapitation and that by such who were then no lawfull Knights Citizens Burgesses or Members of Parliament but onely private men their Parliamentary Authority expiring with the King it must needs be illegall and contrary to all the fore-cited Statutes as the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the year 1640. was resolved to be by both Houses of Parliament and those adjudged high Delinquents who had any hand in promoting it 2. Admit the late Parliament still in being yet the House of Peers Earls and Barons of the Realm were no ways privie nor consenting to this Tax imposed without yea against their consents in direct afsront of their most ancient undubitable Parliamentary Right and priviledges these Tax-masters having presumed to vote down and null their very House by their new encroached transcendent power as appears by the title and body of this pretended Act entituled by them An Act of THE COMMONS assembled in Parliament Whereas the Hou●…e of Commons alone though full and free have no more lawfull Authority to impose any Tax upon the people or make any Act of Parliament or binding Law without the Kings or Lords concurrence then the man in the Moon or the Convocation Anno 1640. after the Parliament dissolved as is evident by the e●…press words of the fore-cited Acts the Petition of Right it self 〈◊〉 for the Trienniall Parliament and against the proroguing or di●…olving this Parliament 17. Caroli with all our printed Statutes (f) Parliament-Rolls and (g) Law-Books they neither having nor challenging the sole Legislative power in any age and being not so much as summoned to nor constituting m●…mbers of our (h) ancient Parliaments which co●…sisted of the King and Spirituall and Temporall Lords without any Knights Citizens or Burgesses as all our Histories and Records attest till 49 H. 3. at soonest they having not so much as a Speaker or Commons House til after the beginning of King Ed. the third's reign and seldom or never presuming to make or tender any Bills or Acts to the King or Lords but Petitions only for them to redress their grievances and enact new Laws til long after Rich. the seconds time as our Parliament Rols and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. E●… 4. 1 Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. He●… 3. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. ●… 4. 7. 8. 12. 17. 22 Ed. 4. and 1 Rich. 3. evidence which run all in this form At the Parliament holden c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and at THE SPECIALL INSTANCE and REQUEST OF THE COMMONS OF THE REALM BY THEIR PETITIONS put in the said Parliame●… as some prologues have it Our Lord the King hath cau●…ed to be ordaine●… or ordained CERTAIN STATUTES c. where the advising and assenting to Lawes is appropriated to the Lords the ordaining of them to the King and nothing but the reque●…ting of and petitioning for them to the Commons both from King and Lords in whom the Legislative power principally if not sose●…y resided as is manifest by the printed Prologue to the Statute of Merton 20. Hen. 3. The Statute of Mortemain 7 Ed. 1. 31. Ed. 1. De Asportatis Religiosorum the Statute of Sheriffs 9. E. 2. and of the Templers 17 E. 2. to cite no more Therefore this Tax imposed by the Commons alone without King or Lords must needs be void illegall and no ways obligatory to the subjects 3. Admit the whole House of Commons in a full and free Parliament had power to impose a Tax and make an Act of Parliament for levying it without King or Lords which they never did nor pretended to in any age yet this Act and Tax can be no ways obliging because not made and imposed by a full and free House of Commons but by an empty House packed swayed over-awed by the chief Officers of the Army who have presumed by meer force and armed power against law and without president to seclude the major part of the House at least 8 parts of 10 who by law and custom are the House it self from sitting

Kings Lords or Commons meaning by this act to set up a Parliament onely of Commons much lesse of a remnant of a Commons House selected by Colonel Pride and his Confederates of the Army to serve their turns and vote what they prescribed without either King or House of Peers much le●…se to give them any super-transcendent authority to vote down and abolish the King and house of Lords and make them no Members of this present or any future Parliaments without their own order or a●…sent against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause That the House of Peers wherein the King sits as Soveraign when he pleaseth shall not at any time or times during this present Parliament be adjourned much less then dissolved excluded or suspended from sitting or voting which is the greater and that by their inferiours in all kindes a Fragment of the Commons House who can pretend no colour of Jurisdiction over them before whom they alwayes stood bare-headed like so many Grand-Jury-men before the Judges and attended at their Doors and Bar to know their pleasures unlesse it be by Themselves or by their own Order 5. That neither the King Lords nor Commons intended to set up a perpetuall Parliament and intail it upon them their Heirs and Successors for ever by this Act which would cross and repeal the Act for 〈◊〉 Parliame●…ts made at the same time and on the same * day in Law but to make provision only against the untimely dissolving of this till the things mentioned in the Prèamble were accomplished and setled as the Preamble and those oft repeated words any time or times during the continuance of this present Parliament conclude and that during His Majesties Reign and life not after his death as these words coupled with The relief of his Majesties Army and People and for supply of His Maj●…sties pre●…ent ●…nd urgent occasions in the Preamble manifest Therefore this Act can no wayes continue it a parliament after the Kings beheading much lesse after the exclusion both of the King and Lords House out of parliament by those now si●…ting contrary to the very letter and provision of this Act by which dev●…ce the King alone had he conquered and cut off or secluded by his Forces the Lords and Commons House from sitting might with much more colour have made himself an absolute parliament to impose what Taxes and Laws he pleased without Lords or Commons on the people by vertue of this Act then those few Commons now sitting since his tryall and death doe 6. The last clause of this Act And that all and every thing or t●…ings whatsoever DONE OR TO BE DONE to wit by the King or His Authority for the adjournment proroguing or dissolving of THIS PRESENT PARLIAMENT CONTRARY TO THIS PRESENT ACT SHALL BE UTTERLY VOID and of NONE EFFECT Now death and a dissolution of this parliament by the Kings death cannot as to the King be properly s●…iled a Thing done or to be done by Him for the adjournment proroguing or dissolving of this parliament contrary to this present Act which cannot make the Kings death utterly voi●… and of none effect by restoring him to his life again Therefore the dissolution of the parliament by the Kings death is cleerly out of the words and intentions of this Act especially so many yeers after its Enacting 7. This present Parliament and every Member thereof being specially summoned by the Kings W●…it only to be HIS Parliament and Councell and to conferre with HIM of the great and urgent affaires concerning HIM and HIS Kingdom and these Writs and Elections of them returned unto HIM and HIS COURT by Indenture and the persons summoned and chosen by vertue of them appearing only in HIS Parliament for no other ends but those expressed in HIS WRITS it would be both an absu●…dity and absolute impossibility to assert that the Houses intended by this Act to continue this Parliament in being after the Kings beheading or death unless they that maintain this paradox be able to inform me and those now sitting how they can conferr and advise with a dead King of things concerning Him and His Kingdom and that even after they have extirpated Monarchy it self and made it Treason to assert or revive it and how they can continue still HIS Parliament and Councell whose head they have cut off and that without reviving or raising him from his grave or enstalling His right Heir and Successor in His Throne to represent His Person neither of which they dare to doe for fear of losing their own Heads and Quarters too for beheading him This Tax therefore being imposed on the Kingdom long after the Kings beheading and the Parliaments dissolution by it must needs be illegall and meerly void in Law to all intents because not granted nor imposed in but out of Parliament by those who were then no Commons nor Members of a Parliament and had no more authority to impose any Tax upon the Kingdom then any other forty or fifty Commoners whatsoever out of Parliament who may usurp the like authority by this president to Tax the Kingdom or any County what they please and then Levy it by an Army or force of Armes to the peoples infinite endless oppression and undoing This is my first and principall exception against the Legality of this Tax which I desire the Imposers and Levyers of it most seriously to consider and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th February 1648. have protested to the whole Kingdom That they a●…e fully resolved to maintain and shall and will uphold preserve and ●…ep the fundamentall Lawes of this Nation for and concerning the PRESERVATION OF THE LIVES PROPERTIES and LIBERTIES OF THE PEO●…LE with all things incid●…nt thereunto which how it will stand with this Tax imposed by them out of Parliament or their Act concer●…ing New TREASONS I desire they would satisfie me and the Kingdom before they levy the one or proceed upon the other against any of their follow-Subjects by meer arbitrary armed power against Law and Right Secondly themselves in their Declaration expressing the grounds of their late proceedings and setling the present Government in way of a Free-State dated 17. Martii 1648. engage themselves To prooure the well-being of those ●…hom the●… serve to renounce oppression arbitrary power and all opposition to the peace and Freedome of the Nation And to prevent to their power the reviving of Tyrannie Injustice and all former evils the only end and duty of all their Labors to the satisfaction of all concerned in it 2. They charge the late King for exceeding all His predecessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loanes unlawfull Imprisonments and other Oppressions which produced that excellent Law of the Petition of Right which were

destroy and subvert both Lawes Liberties and Properties at last And not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new formes of arbitrary Government and leave neither King nor Gentleman all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them but to enslave and undoe themselves and to be last destroyed Which royal Predictions many complaine we finde too truely verified by those who now bear rule under the Name and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as wel as declarations to the people who regard not words but reall performances from these new keepers of their Liberties especially in this FIRST YEAR OF ENGLANDS FREEDOM engraven on all their publick Seals which else will but seal their Selfdamnation and proclaim them the Archest Impostors under Heaven Secondly should I voluntarily submit to pay this Tax and that by vertue of an Act of Parliament made by those now sitting some of whose Elections have been voted void others of them elected by * new illegall Writs under a new kind of Seal without the Kings Authority stile or Seal and that since the Kings beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law and custome of Parliament being Peers of the Realm if now worthy such a Title as was adjudged long since in the Lord Camoyes case Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honor part 2. c. 5. p. 737. seconded by Sir Edward Cook in his 4 Institut p. 1 4 5 46 47 49. As I should admit these to be lawfull Members and these unlawfull void Writs to be good in Law so I should thereby tacitly admit ex post facto assent to some particulars against my knowledg judgment conscience Oaths of Supremacy Allegiance Protestation and solemn League and Covenant taken in the presence of God himself with a sincere he●…rt and reall intention to perform the same and 〈◊〉 therein al the days of my life without suffering my self directly or indirectly by whatsoever combination perswasion or terror to be withdrawn therefrom As first That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow-Commons which the very Consciences and judgments of all now sitting that know anything of Parliaments and the whole Kingdom if they durst speak their knowledg know beleeve to be false yea against their Oaths and Covenant Secondly That this Parliament so unduly constituted and packed by power of an Army combining with them hath a just and lawful Authority to violate the Priviledges Rights Freedomes Customs and alter the constitution of our Parliaments themselves imprison seclude expel most of their fellow-members for voting according to their consciences to repeal what Votes Ordinances and Acts of Parliament they please ere●…t new Arbitrury Courts of war and Justice 〈◊〉 a●…aign condemn execute the King himself with the Peers Commons of this Realm by a new kind of Martial law contrary to Magna Charta the Petition of Right and Law of the Land dis-inherit the Kings poste●…ty of the crown extirpat Monarchy the whole house of Peers change and subvert the ancient Government Seals Law●… Writs legal proceedings Courts and coin of the Kingdom ●…ell and dispose of all the Lands Revenues Jewels goods of the Crowne with the Lands of Deans and Chapters as they think meet absolve themselves like so many antichristian Popes with all the Subjects of England and Ireland from all the Oaths and engagements they have made TO THE KINGS MAJESTY HIS HEIRS AND SUCCESSORS yea from their very Oath of Allegiance notwithstanding this express clause in it which I de●…ire may be ●…riously and conscienciously considered by all who have sworne it I do ●…eleeve and in Conscien●… am r●…olved that neither the Pope NORANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH OR ANY PART THEREOF which I acknowledge by good and ●…ull Authority to be lawfully ministred unto me and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY dispense with our Protestations Solemn League and Covenant so lately * zealously u●…ged and injoyned by both Houses on Members Officers Ministers and all sorts of P●…ople throughout the Realm dispose of all the Forts Ships Forces Offices and Places of Honour Power Trust or profit within the Kingdom to whom they please to displace and remove whom they will from their Offices Trusts Pensions Callings at their pleasures without any legall cause or tryall to make what new Acts Lawes and reverse what old ones they think meet to insnare inthral our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare r●…ll treasons against King Kingdome Parliament to be no tr●…asons and Loyalty Allegi●…nce due obedience to our knowne Lawes and consciencious observing of our Oaths and Covenant the breach whereof would render us actuall Traytors and perjurious persons to be no lesse then High Treason for which they may justly imprison dismember disfranchise displace and fine us at their wills as they have done some of late and confiscate our persons liv●…s to the Gallowes and our estates to their new Exchequer a Tyranny beyond all Tyrannies ever heard of in our Nation repealing Magna Charta c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. N. 60. 1. E. 6. c. 12. 1 Mar. c. 1. The Petition of Right 3 Caro●… and laying all our * Laws Liberties Estates Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions rayse and keep up what forces they will by Sea and Land impose what heavy Taxes they please and renew increase multiply and perpetuate them on us as often and as long as they please to support their own encroached more then Regall Parliamentall Super-transcendent Arbitrary power over us and all that is ours or the Kingdoms at our private and the publique charge against our wils judgments consciences to our absolute enslaving and our three Kingdom●… r●…ine by engaging them one against another in new Civill wars and exposing us for a prey to our Forraign Enemies All which with other particulars lately acted and avowed by the Imposers of this Tax by colour of that pretended Parliamentary Authority by which they have imposed it I must necessarily admit acknowledg to be just and legall

party there from the forces of the bloody Popish Irish Rebels with whom if report be true these sitting Anti-Monarchists seek and hold correspondence and are now actually accorded with Owen Roe-Oneal and his pary of bloudiest Papists but to oppose the Kings interest and Title to that Kingdom * setled on HIM HIS HEIRS SUCCESSORS FOR EVER by an express act of Parliament made in Ireland 33. H. 8. c. 1. and by the Stat. of 1 Jac. c. 1. made in England yet unrepealed and the Protestant remaining party there adhering to and proclaiming acknowledging him for their Soveraign lest his gaining of Ir●…land should prove fatall to their usurped Soveraignty in England or conduce to his enthroning here And by what Authority these now sitting can impose or with what conscience any loyal Subject who hath tagen the Oaths of Supremacy Allegeance and Cov●…nt can voluntarily pay any Contribution to deprive the King of his hereditary right and undoubted title to the Kingdoms Crowns of England Ireland and alter the frame of the ancient Government and Parliaments of our Kingdoms p Remo●…strated so often against by both Houses and adjudged High Treason in Canterburies and Straffords cases for which they were beheaded and by themselves in the Kings own case whom they decolled likewise without incurring the guilt of perjury and danger of high Treason to the loss of his life estate by the very laws and Statutes yet in force transcends my understanding to conceive Wherfore I neither can nor dare in conscience law or prudence submit to this contribution Fourrhly The coercive power and manner of levying this contribution expressed in the Act is against the Law of the Land and Liberty of the Subject which is threefold First Distresse and sale of the goods of those who refuse to pay it with power to break open their Houses which are their Castles doors chests c. to distrain which is against Magna Charta c. 29. The Petition of Right The Votes of both Houses in the case of Ship-mony 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4. 9. 20. E. 4. 6. Cook 5 Report f. 91 92. Semains case and 4. Inst. p. 176. 177. Secondly Imprisonment of the body of the party till he pay the Contribution being contrary to Magna Charta The Petition of Right The resolution of both Houses in the Parliament of 3 Caroli in the case of Loans and 17 Caroli in the case of Ship-mony the judgment of our Judges and Law-books collected by Sir Edward Cook in his 2 Inst. p. 46. c. and the Statute of 2. H. 4. Rot. Parl. n. 6. unprinted but most expresse in point Thirdly Levying of the contribution by souldiers and force of arms in case of resistance and imprisoning the person by like force adjudged High Treason in the case of the Earl of Strafford and a levying of war within the Statute of 25. Ed. 3. by the late Parliament for which he lost his head and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder Printed by Order of the Commons House Fourthly Which heightens the illegality of these illegall means of levying it if any person whose goods are destrained or person imprisoned for this illegall tax shall bring his Action at Law or an Habeas corpus for his relief the Committee of Indempnity will stay his legall proceedings award costs against him and commit him anew till he pay them and release his suits at Law and upon an Habeas corpus their own Sworn Judges created by them without any Oath to do equal Justice c. to all but only to be true and faithfull to their new-erected State dare not bayl but remaund him against Law An oppression and Tyranny far exceeding the worst of the Beheaded Kings under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes Shipmony and Knighthood without any Councel 〈◊〉 Committee of Indempnity to stop their suits or inforce them to release them and therefore in all these respects so repugnant to the Laws and Liberty of the Subject I cannot submit to this illegall Tax but oppugn it to the utetrmost as the most invasive on Laws and Liberties that ever was Fifthly The time of imposing this illegall Tax with these unlawfull ways of levying it is very considerable and sticks much with me it is as the Imposers of it declare and publish in many of their new kind of Acts and devices in the first yeare of Englands Liberty and redemption from thraldom And if this unsupportable Tax thus illegally to be levied be the first fruits of our first years Freedom and redemption from thraldom as they stile it how great may we expect our next years thraldome will be when this little finger of theirs is heavier by far then the Kings whole loyns whom they beheaded for Tyranny and Oppression Sixthly The Order of this Tax if I may so term a disorder or rather newnesse of it engageth me and all lovers of their Countries Liberty unanimously to withstand the same It is the first I finde that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved the Lords House Voted down and most of their fellow Commoners secured or secluded by their con●…ivance or confederacy with an undutifull Army Which if submitted to and not opposed as illegall not only the King or Lords alone without the Commons bu●… any forty or fifty Commoners who have been Members of a Parliament gaining Forces to assist and countenance them may out of Parliament now or any time hereafter do the like and impose what Taxes and Laws they please upon the Kingdom and the secluded Lords and Com●…ons that once sate with them being encouraged thereto by such an unopposed precedent Which being of so dangerous consequence and eximple to the constitution and priviledges of Parliament and Liberties of the People we ought all to endeavour the crushing of this new Cockatrice in the shell lest it grow to a Fiery Serpent to consume and sting us to death and induce the Imposers of it to lade us with new and heavier Taxes of this kinde when this expires which we must expect when all the Kings B shops Deans and Chapters Lands are shared amongst them sold and spent as they will quickly be if we patiently submit to this leading Decoy since (q) Bonus Actus inducit consuetudinem as our Ancestors resolved Anno 1240. in case of an unusuall Tax demanded by the Pope whereupon they all unanimously opposed it at first (r) Opprime dum nova sunt subiti mala semina morbi Principiis obsta serò medecina paratur Cum mala per longas invaluere moras Being the safestrule of State-physick we can follow in such new desperate diseases which endanger the whole Body-Politick Upon which grounds the most consciencious