Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	lord_n	temporal_a	1,548	5	9.3331	5	false

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

when all or most of the Members were present as the Parliament Rolls Journals Modus te●…ndi Parliamentum Sir Edward Cooks 4 Institu●…s p. 1. 2 26. 35. 36. Cromptons Jurisdiction of Courts f. 1 c. 39. E. 3. 7. Brook Parliament 27. 1. Jac. c. 1. and the many Records I have cited to this purpose in my Levellers levelled my Plea for the 〈◊〉 and Memento p. 10. abundantly prove beyond contradiction●… for which cause the Members ought to be fined and lose their ●…ges if absent without sp●…cial Li●…nce as Modus t●…nexdi Parliamentum 5 R. 2. Par. 2. c. 4. 9. H. 8. c. 16. and A Co●…ection of all Orders c. of the late Parliament pa. 294. 357. with their frequent summoning and fining absent Members evidence Secondly Though fo●…ty Members onely may peradventur●… make an House in cas●… of absolu●…e nece●…y when ●…he r●…st through sicknes publick or private occasions are volu●…rily or negligently absent and might freely repair thither to sit or give their Votes if they pleased yet forty Members nev●…r yet made a Common●… House by custome of Parliament ●…here being never any such case til now when the rest being above ●…our hundred were forcibly secluded or driven thence by an army through the practice or connivance of those forty sitting o●… purpose that they should not over nor counte●…-vote them much lesse an House to sequester or expell the other Members or impose any Tax upon them Till they shew me such a l●…w custom or President of Parliament not to be found in any age all they pretend is nothing to purpo●…e or the present case Thirdly Neither forty Members nor a whole House of Commons were ever enough in any age by the Custome of Parliament or Law of England or impose a Tax or make any Act of Parliament without the King and Lords as I have n already proved much l●…sse after they ceased to be Members by the Parliaments dissolution through the Kings beheading Neither w●…re they ever invested with any legall power to seclude or exp●…l any of their felow Members especially if duly elected for any Vote wherein the Majority of the House concurred with them or differing in their consciences and judgements from them nor for any other cause without the Kings and Lords concurrence in whom the ordinary judiciall power of the Parliament resides as I have undeniably proved by presidents and reasons in my Plea for the Lords p. 47. to 53. and Ardua Regni which is further evident by Claus. Dors. 7. R. 2. M. 32. Mr. Seldens Titles of Honor p. 737. Banneret Camoys Case discharged from being knight of the Shire by the Kings Writ and judgment alone without the Commons vote because a Peer of the Realm the practice of s●…questring and expelling Commons by their fellow-Commons only being a late dangerous unparliamentary usurpation unknown to our Ancestors destructive to the priviledges and freedom of Parliaments and injurious to those Counties Cities Boroughs whose Trustees are secluded the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence and having no more Authority to dismember their fellow-Members then any Judges Justices of peace or Committees have to disjudg disjustice or discommittee their fellow Judges Justices or Committee-men being all of equall authority and made Members only by the Kings Writ and peoples Election not by the Houses or o●…her Members Votes who yet now presume both to make and unmake seclude and recal expel and restore their fellow-Members at their pleasure contrary to the practice and resolution of former ages to patch up a factious Conventicle instead of an English Parliament Therefore this Objection no waye●… invalids this first Reason why I neither can nor dare submit to this illegal Tax in conscience law or prudence which engage me to oppose it in all these Respects If any object That true it is the parliament by the common Law and Custome of the Realm determines by the Kings death but by the Statute of 17 Caroli which enacts That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose continues this Parliament still in being notwithstanding the Kings beheading since no Act of Parliament is passed for its Dissolution The only pretext for to support the continuance of the Parliament since the Kings violent death To this I answer That it is a Maxime in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefs it intended onely to prevent as is resolved in 4. Edw. 4. 12. 12. Edw. 4. 18. 1. H. 7 12 13. Plowd Com fol. 369. and Cooks 4. Instit. p. 329 330. Now the intent of the Makers of this Act and the end of enacting it was not to prevent the dissolution of this Parliament by the Kings death no ways intimated or insinuated in any clause thereof being a cleer unavoydable dissolution of it to all intents not provided for by this Law but by any Writ or proclamation of the King by his Regal power without consent of both Houses which I shall manifest by these ensuing reasons First From the principal occasion of making this Act. The King as the COMMONS in their * Rem●…nstrance of the state of the Kingdom 15 Decemb. 1642 complain had dissolved all former Parliaments during his Reign without and against both Houses approbation to their great discontent and the Kingdoms prejudice as his Father King James had dissolved others in his Reign and during their continuance adjourned and prorogued them at their pleasure Now the fear of preventing of the like dissolution prorogation or adjournment of this Parliament after the Scotish Armies disbanding before the things mentioned in the Preamble were effected by the Kings absolute power was the only ground occasion of this Law not any fear or thoughts of its dissolution by the King untimely death then not so much as imagined being before the Warrs or Irish Rebellion brake forth the King very healthy not ancient and likely then to survive this Parliament and many others in both Houses judgment as appears by the Bill for trienniall Parliaments This undeniable Truth is expresly declared by the Commons themselves in their foresaid Romonstrance Exact Collection p. 5. 6. 14. 17. compared together where in direct terms they affirm The ABBRUPT DISSOLUTION OF THIS PARLIAMENT is prevented by another Bil by which it is provided it shall not be dissolved or adjourned without the consent of both Houses In the Bill for continuance of this present Parliament there seems TO BE SOME RESTRAINT OF THE ROYAL POWER IN D SSOLVING OF PARLIAMENTS NOT TO TAKE IT OUT OF THE CROWN BUT TO SUSPEND THE EXECUTION OF IT FOR THIS TIME and OCCASION ONLY which was so necessary for THE KINGS OWN SECURITY and the publick Peace that without it we could not have undertaken any of these great charges but must

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

of his Company repaired thither making all the spoil they could and taking away some brasse and Pewter continuing there till neer four of the clock and then marched away onely out of fear I would raise the Country upon them many of whom profered me their assistance but I desired them to forbear till I saw what their Officers would do who in stead of punishing any of them permitted them to play the like Rex almost in other places where they quartered since marching but three or four miles a day and extorting what money they could from the Country by their violence and disorders Now for me or any other to give moneys to maintain such deboist Bedlams and Beasts as these who boasted of their villanies and that they had done me at least twenty pounds spoil in Beer and Provisions drinking out five barrels of good strong Beer and wasting as much meat as would have served an hundred civill persons to be Masters of our Houses Goods Servants Lives and all we have to ride over our heads like our Lords and Conquer●urs and take Free-quarter on us amounting to at least a full yeers contribution without any allowance for it and that since the last Orders against Free-quarter and Warrants for paying in this Tax to prevent it for the future issued is so far against my Reason Judgment and Conscience that I would rather give all away to suppresse discard them or cast it into the fire then maintain such graceless wretches with it to dishonour God enslave consume ruine the Country and Kingdom who every where complain of the like insolencies and of taking Free-quarter since the ninth of June as above two hundred of Colonel Cox his men did in Bath the last Lords day who drew up in a Body about the Majors house and threatned to seise and carry him away prisoner for denying to give them Free-quarter contrary to the New Act for abolishing it Lastly This pretended Act implies that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with Free-quarter And what an height of oppression and injustice this wil prove not only to distrain and imprison those who cannot in conscience Law or prudence submit to this illegall Tax but likewise to undo them by exposing them to Free-quarter which themselves condemn as the highest pest and oppression let all sober men men consider and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world In few words As long as we keep an Army on foot we must never expect to be exempted from Free-quarter or Wars or to enjoy any peace or setlement and as long as we wil submit to pay contributions to support an Army we shall be certain our new Lords and Governors will continue an Army to over-aw and enslave us to their wils Therefore the onely way to avoid free-quarter and the cost and trouble of an Army and settle peace is to deny all future contributions Ninthly The principal end of imposing this Tax to maintain the Army and Forces now raised is not the defence and safety of our ancient and first Christian Kingdom of England its Parliaments Laws Liberties and Religion as at first but to disinherit the King of the Crown of England Scotland and Ireland to which he hath an undoubted right by common and Statute Law as the Parliament of 1 Jacobi ch. 1. resolves and to levie War against him to deprive him of it To subvert the ancient Monarchical Government of this Realm under which our Ancesters have always lived and flourished to set up a New-Republick the oppressions and grievances whereof we have already felt by increasing our Taxes setting up arbitrary Courts and Proceedings to the taking away the lives of the late King Peers and other Subjects against the fundamental Laws of the Land creating new monstrous Treasons never heard of in the world before and the like but cannot yet enjoy or discern the least ease or advantage by it To overthrow the ancient constitution of the Parliament of England consisting of King Lords and Commons and the Rights and Priviledges thereof To alter the fundamental Laws Seals Courts of Justice of the Realm and introduce an arbitrary government at least if not Tyrannical contrary to our Laws Oaths Covenant Protestation (a) publick Remonstrances and Engagements to the Kingdom and forreign States not to change the Government or attempt any of the Premises All which being no less then High Treason by the Laws and Statutes of the Realm as Sir Edward Cook in his 4. Institutes ch. 1. and Mr. St John in his Argument at Law upon passing the Bill of Attainder of the Earl of Strafford both printed by the Commons special Order have proved at large by many Precedents Reasons Records and so adjudged by the last Parliament in the cases of Strafford and Canterbury who were condemned and executed as Traitors by Judgment of Parliament and some of these now sitting but for some of those Treasons upon obscurer Evidences of guilt then are now visible in other I cannot submit thereto without incurring the Crime and Guilt of thefe severall High Tre●…sons and the eternal if not temporal punishments incident thereunto if I should volutarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these against my Conscience Law Loyalty and Duty and all my Oaths and Obligations to the contrary Tenthly The payment of this Tax for the premised purposes will in my poor judgment and conscience be offensive to God and all good men scandalous to the Protestant Religion dishonourable to our English Nation and difadvantagious and destructive to our whole Kingdom hindering the speedy settlement of our Peace the re-establishment of our Laws and Government abolishing of our Taxes disbanding of our Forces revivall of our decayed Trade by the renewing and perpetuating our bloody uncivill Warrs engaging Scotland Ireland and all forreign Princes and Kingdoms in a just War against us to avenge the death of our late beheaded King the dis-inherit●…ng of his posterity and restore his lawfull Heirs and Successors to their just undoubted Rights from which they are now forcibly secluded who will undoubtedly molest us with continuall Warrs what-ever some may fondly conceit to the contrary till they be setled in the Throne in peace upon just and honorable terms and invested in their just possessions Which were far more safe honorable just prudent and Christian for our whole Kingdom voluntarily and speedily to do themselves then to be forced to it at last by any forraign Forces the sad consequences whereof we may easily conj●…cture and have cause enough to fear if we now delay it or still contribute to maintain Armies to oppose their Titles and protect the Invaders of them from publick Justice And therefore I can neither in conscience piety nor prudence ensnare my self in the guilt of all these dangerous consequences by any submission to