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	parliament_n	writ_n	1,771	5	9.5540	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88233	A plea at large, for John Lilburn gentleman, now a prisoner in Newgate. Penned for his use and benefit, by a faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England; and exposed to publick view, and the censure of the unbyassed and learned men in the laws of England, Aug. 6. 1653.	Faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England.; Lilburne, John, 1614?-1657.	1653 (1653)	Wing L2158; Thomason E710_3; ESTC R207176	34,122	24

Act of Parliament But as for the said Generals and the said Major-General Harisons dissolving the late Parliament by force against their own consents and thereby against several Acts of Parliament afore mentioned partly of their own making committing high-treason against the apparent letter of a known printed and declared Law before their fact committed out of which evil action as it is in it self simply considered though it be granted that that God that can and hath brought light out of darkness and order out of confusion and good out of evil may out of it by his wisdom power and omnipotencie bring abundance of good to this poor nation of England yet already it hath visibly produced this grand mischief and evil viz. to give the said General a colourable pretence of a Necessity of his own making and creating to assume unto himself all the Civil powers in the Nation into his own hands and thereby not onely to make slaves if he please of all his own private souldiers in subjecting them to Tryals for their lives by Military or arbitrary Discipline in times of peace when all the Courts of Justice for administring the Law are or ought to be open which is expresly against the Petition of Right and the declared end wherefore the Wars were engaged in against the late King but also of the free people of England that have fought as heartily and faithfully for the preservation of their Liberties and Freedoms as himself who have already thereby lost two of the chiefest of their fundamental rights and freedoms viz. First to have Taxes layd upon them by the General with the advice of his Military Officers all of whom at most are but the peoples hired and payd servants to kill the Weasels and Polecats that would destroy their Liberties which is not onely contrary to the express tenour of that most excellent Law as the late Parliament in their remarkable Declaration of March 17. 1648. calls it of the Petition of Right which expresly sayth That no Taxes Ayds or Contributions whatever shall by any person or persons or any Authority whatsoever be layd or levyrd upon the people but by common consent of their chosen Deputies or Trustees in Parliament ass●mbled for that end See also the Lord Cooks 4 part Institutes chap. High Court of Parliament fol. 14 34. and by the Statute made in the late Parliament in the 17 yeer being anno 1641 of the late King intituled An Act for declaring unlawful and void the late proceedings touching Ship money The Judgement of the Judges in that case is declared null and void and against the right of Proprieties although their judgements were grounded upon these plausible Questions viz. That when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Whether the King might by writ under the Great Seal of England command all the Subjects of his Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such a time as the King should think fit for the defence and safeguard of the kingdom from such peril and danger and Whether by Law the King might compel the doing thereof in case of refusal or ●●f●actari●ss And whether that the King who was then a far more legal Magistrate then the Lord General Cromwel now is were no● the sol● judge both of the danger and wi●●n and ●ow the same is to be prevented and avoided According to which grounds and reasons all the justices of the said Courts of K●ngs Bench and Common pleas and the said Barons of the Exchequer having been formerly con●ul●●d with by his Majesties command had set their hands to an extrajudicial Opinion expressed to the same purpose That he might and yet notwithstanding all this thus decreed and adjudged by all the judges all such Ship-writes and all proceedings thereupon are by King Lords and Commons in full legal and free Parliament declared that they were and are contrary and against the Laws and Statutes of this Realm and the Petition of Right made in the third yeer of the Reign of his Majesty that then was And it is there further declared and enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed And that all the said Judgements and Proceedings about the said Ship money be vacated and cancelled One of the makers of which Law was the said Oliver Cromwel now Lord General and also one of the impeachers of the said Ship money-Judges of high-treason for arbitrary subverters of the free people of England's fundamental Laws Liberties and Proprieties Secondly the General with whom of his Officers by his will he is pleased to joyn with him hath not onely by their late forcible dissolving of the late Parliament assumed the whole Civil power of the Nation into his own hands by means of which already by his Declaration with the advice of his Office●s of the 9 of June 1653. he hath arbitrarily layd a Tax of Sixscore thousand pounds per month upon the free people of England by which all their proprieties are confounded and destroyed For by the same Rule that he lays Sixscore thousand pounds Tax a month upon the people he may when he pleaseth lay six Millions a month upon them and so ad infinitum and ingross into his own coffers and hands and his Officers not onely all the peoples treasure but also their whole lands and estates as Joseph did the slavish Egyptians unto Pharaoh Gen 47. but that which is worse he hath not onely there by created a president to destroy all their proprieties but his chusing the people Legislators or Law-makers though it 's possible the men may prove in their actions the justest men in the Nation and denying those that never forfeited their Liberties in their lives that inherent and natural right he hath created a president to destroy their Laws Liberties and Lives and absolutely subject them to his will and mercy which crimes put together are in the eye of the Law the highest Treason that ever I read any transgressor in the Nation charged with ever since it became a Politick Society or Nation and an act that the highest of three Tyrants or Conquerors either under the Romanes Saxons Danes or Normans durst never attempt to put in execution By means of which he hath given away the just and honest Cause betwixt the King and Parliament and done as much as in him hath to make all those murderers that have since the beginning of the late Civil war engaged in the Parliament-quarrel against the late King his actions as evidently as the ●un declaring it was not in the least for the securing of the people 's incroached upon Liberties and Freedoms that he and his accomplices took up Arms

the least as to punish man whatsoever that is not of them for if my crime whatsoever which in part is already touched upon in the former part of the Prisoners Plea at the Bar and also the absolute Irrationality and Illegality of their making a particular law or their sett●ng up of a particular Court for a particular man which are notably and rationally discussed upon in the se●ond Edition of the book Intituled The Picture of the Councel of State pag. 45. and the second Ed●tion of The L●gal Fundamental Liberties of England rec●iv●d asserted and vindicated pag. 71 72 73. For though a Parliament hath power to levie what mony they judge convenient upon the people by a general tax for common safety of the Nation which Act both by Law and reason they may do yet they cannot in law equity or reason lay all tax upon one two or three men alone and so make them bear all the charges of the publick even so though Parliaments may pass Acts for the good of the People to administer law indifferently to all the people of England alike without exception of persons yet they can neither by law nor reason pass a particular Act of Parliament on purpose to destroy or condemn one two or three individual persons and which shall not in his extent or intention reach any body else because such an Act is against common reason common equity all English men or people being all borne free equally alike and the liberties and freedomes thereof being equally intailed to all alike without exception of persons and theref●…●…e in common reason not to be burthened with an Iron yoak of a particular Act of Parliament when the universalities goeth scotfree in that particular Yea he might urge many Arguments lawful to prove that the Parliament was no Parliament when they past the said Act of Banishment but were long before dissolved and that by their owne consents when the late Parliament took upon them the exercise of regality and the dissolution of Kingship and the house of Lords as it is notaly endeavoured to be proved in the late discourse of the Armies champions as for particularly one licensed to be printed for Giles Calvert and another by Richard Moon at the ssven sters in Pauls Church yard and that it was long since dissolved by that learned man in the Law of England Judge Jenkins renders many reasons in Law to prove it as in his works printed for J. Gyles are to be read p. 19. 20. 26. 27. 48. 49. 50. 96. 139. 140. 142. 147. But much more full to prove its absolute dissolution long since is Mr. Will. Prynne Barrester at Law In his Law-Arguments of the 16 of June 1649. called A Legal vindication of the Liberties of England against illegal Taxes and pretended Acts of Parliament p. 3 4 5 6 c. and p. 44 45 46 c. And that the Parl. Acts long since in Law dissolved the prisoner at the Bar for further plea saith The death of tde King in law indispensibly dissolved the late Parl. as appears by the express Judgement of the Parl. of 1 H. 4. Rot. Parl. Num. 1. and the Parl. of 14 H. 4. 1 H. 5. Rot. Parl. N. 26. and 4 part Cooks Iast f. 46. which book was published for good Law by two special Orders of the House of Commons in an 1641 and 4 E. 4. 44 b. For the Writ of Summons of the late Parliament that was directed to the Sheriffs by vertue of which men were chosen for the last Parl. runs in these words King Charles being to have conference and treaty with and upon such a day about or concerning as the words of the Triennial Act hath it and high and urgent affairs concerning his Majestie the State and the defence of the kingdom and Church of England But how it 's possible for a Parl. to confer or treat with King Charles now he is dead is not to be imagined See 2 H. 5. Cook tit Parl. 3. and therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly that the Kings death doth ipso facto dissolve this late Parliament though it had been all the time before never so entire and unquestionable to that very hour And it must needs be so he being in Law yea and by the authority of this very Parl. stiled The Head the Beginning and End of Parliaments See Cooks 1 part Instit f. 109. b. 110. a. and 4 part Inst f. 1 2 3. and Mr. Pym's fore-mentioned Speech against Strafford p. 8. and the Lord St. Jo●ns Argum. against Strafford p. 12 70 71. and therefore as a Parl. in Law cannot begin without the Kings presence in it either by person or representation Cook ibid. in part 4. fol. 6. see also Rot. Parl. 25 E. 3. N. 10. so it is positively dissolved by his death for thereby not onely the true declared but intended end of their assembling which was to treat and confer with King Charles is ceased See 1 Edw. 6. cap. 7. Cooks 7 Rep. 30 30. and Dyer 156. 4 E. 4. f. 43 44. 1 E. 5. f. 1. Brooks Commission 19 21. and thereby a final end is put unto all the means that are appointed to attain unto the end and therefore it is as impossible for the late Parliament or any Parliament summoned by the King to be the Parliament in law after his death as it is for a Parl. to make King Charles alive again The Kings Writ that summoned this Parl. is the basis in Law and foundation of this Parl. If the foundation be destroyed the Parl. falls but the foundation of it in every circumstance is destroyed and therefore the thing built upon that foundation must needs fall it is a Maxime both in Law and Reason But if it be objected the law of necessity required the continuance of the Parliament against the letter of the Law The Prisoner at the Bar answers first its necessary to consider whether the men that would have it continue as long as they please or after it is in Law dissolved be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence and that it is true in it self is so obvious to every unbyassed knowing eye it needs no illustration Secondly I answer There can be no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redress of mischiefs and grievances yea to the subversions of Laws and liberties I am sure Mr. Pym by the Parliaments command and order told the Earl of Strafford so when he objected the like and that he was the Kings Counsellor and

against the King for but to pull him out of his Throne slay him and divide his inheritance amongst him and his accomplices and then to set up his lust will and pleasure as the peoples standing Laws By which apparent and in the face of the ●un avowed practices of his he hath all over the Christian world brought more scorn and contempt upon the zealous profession of God and godliness and all the pretences of strugling for Liberty and Freedom then any one man that ever I read of ●n all the Histories of the world that ever my eyes were fixed upon yea and in the doing of the forementioned things hath given in the face of the sun the absolute and perfect lye to himself and all his many printed Declarations both as he is to be considered as a Parliament-man or as an Officer in Arms. And first consider him as a Parliament-man how many Oaths Covenants Protestations and Engagements hath he formerly taken to maintain the fundamental Laws and Liberties of the people of England and also after he had caused the Parliament to be purged over and over again and again and left none to sit there but those that then pleased his tooth and by their authority taken away the Kings life and altered the form of Government nominally into a Commonwealth or free State did not he and his said friends or Councellors immediately after that publish a solemn Declaration of Febr. 9. 1648. in these very words verbatim A Declaration of the Parliament of England for maintaining the Fundamental Laws of this Nation THe Parliament of England now assembled doth declare That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamental Laws of this Nation for and concerning the preservation of the lives properties and liberties of the people with all things incident thereunto with the alterations touching Kings and House of Lords already resolved in this present Parliament for the good of the people and what shall be further necessary for the perfecting thereof and do require and expect that all Judges Justices Sheriffs and all Officers and ministers of Justice for the time being do administer justice and do proceed in their respective places and Offices accordingly which resolution with the reasons thereof shall be hereafter publ●shed in a larger Declaration touching the same And it is hereby ordered and appointed that this Declaration shall be forthwith proclaimed in Westminster-Hall and at the Old Exchange and the Judges in their respective Courts at Westminster and at the first sitting thereof are to cause this Declaration to be publikely read And the Sheriffs in their several Counties are to cause this Declaration to be likewise published Die Veneris 9 February 1648. Ordered by the Commons assembled in Parliament That this Declaration be forthwith printed and published and that the Members of this House do take care to disperse the said Declaration into the several Counties with all speed H. Scobel Cler. Parl. D. Com. London Printed by Edward Husbands Which said Declaration was backed also with a large pithy one the 17 of March 1648. which expresseth the grounds and reasons of their late proceedings and setling the present Government in way of a Free State Yea John Lilburn now prisoner at the bar for his further plea saith That by the Act of the late Parliament intituled An Act for the abolishing the Kingly Office in England and Ireland and the Dominions thereunto belonging it is there amongst other things enacted and declared that the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single person And that no person whatsoever shall or may have or hold the office stile dignity power or authority of King of the said Dominions or any of them upon pain of high treason against the Parliament and People of England to all such said persons and to all their aiders assisters comforters or abettors Now whether or no that the said actions of laying Taxes and chusing the people Law makers be not the absolute exercising the office dignity power and authority of the greatest King that ever was in England the prisoner at the Bar submits it to the judgement of the learned Judges of the Law And in the last forementioned Act it is further declared and averred that by the abolishing of the Kingly Office a most happie way is made for this English Nation to return to its just and ancient rights of being governed by its own Representatives or National Meetings in Councel from time to time chosen and intrusted for that purpose by the people And further it is therefore there resolved and declared by the Commons assembled in Parliament That they will put a period to the sitting of this present Parliament and dissolve the same as soon as may possibly stand with the safety of the people that hath betrusted them with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth And that they will carefully provide for the certain meeting chusing sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Commonwealth And in several other Acts immediately made after the last forementioned Acts and particularly those two Acts of Parliament of the 14 of May and the 17 of June 1649. declaring what offences shall be judged treason it is thus expressed Whereas the Parliament hath abolished the Kingly Office in England and Ireland and in the dominions and territories thereunto belonging and hath resolved and declared that the people shall for the future be governed by its own Representatives or National Meetings in Councel chosen and intrusted by them for that purpose And the Prisoner at the Bar for further plea in the second place saith that his Declarations as a Souldier or Commander to this purpose are so full as more cannot be said and particularly that remarkable Declaration of the 14 of June 1647. printed in the Armies Book of Declar. p. 36. 37. c. in which 37. p. there he positively declares that the setling of the liberties and freedoms and peace of the Nation is the blessing of God then which of all worldly things nothing say they is more dear unto us or more precious in our thoughts we having hitherto thought all our present enjoments whether of live or livelihood or nearest relations a price but sufficient to the puchase of so rich a blessing that we and all the free-borne people of this Nation may sit downe in quiet under our Vines and under the glorious administration of justice and righteousness and in full possession of those fundamental rights and liberties without which we can have little hopes as to humane considerations to enjoy either any comforts of life or so much as life it self but at the