Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	king_n	lord_n	stir_v	2,742	5	9.9119	5	true

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

more high and absolute the jurisdiction of Court is the more just and honorable it ought to be in the proceeding and to give examples of justice to inferior Courts And fol. 38. He is confidently perswaded that the rehearseal of this unjust Attainder will hereafter cause the Honorable Members of both Houses of Parliament to be so tender of their duty in perserving the fundamental Laws and Liberties of the people of England as that never hereafter such an unjust Attainder shall be brought where the party is forth coming to condemn him without hearing of him And consonant unto this is the Scripture and the Law of God therein contained as appears by the third of Gen vers 9. where God after Adam had transgressed his law summons him before him to answer for himself before he would pass judgement against him And when Sodom had abominably defiled its wayes with the height of wickedness yet the just God of heaven and earth would not judge condemne or pass sentence against them till he went down to see whether they have done altogether according to the cry that is come up against them or not and saith God I will know Gen. 18 and Deut. 17.6.11 and Chap. 20.15 God saith expresly One witness shall not rise against a man for any iniquity or for any sin in any sin that he sinneth at the mouth of two witnesses or at the mouth of three witnesses shall the matter be established And by the hand of Moses he required the people of Israel to do according to the sentence of the Law and the judgement which shall be given thereupon and not to decline from the law and the judgement which shall be given thereupon and not to decline from the Law to the right hand or to the left And suitable to this is the judicial and legal proceedings of the great congregation of the children of Israel consisting to the number of four thousand able men in the case of the Levite and his ravished and slain concubine who in their judicial proceedings in that case first demanded of him how so great a wickedness came to be committed in Israel And the conclusion after their hearing and examining the cause was to consider consult and then to give sentence And saith Nicodemus that learned man in the law of God against the Scribes and Pharisees in behalf of Christ Doth our law judge any man before it hear him and know what he doth John 7.51 And saith Festus the heathen Roman Governour in Judea that had no other guide to walk by but the light and Law of Nature In the behalf of Paul against his bloody enemies It is not the manner of the Romans to deliver any one to dye before that he which is accused have the accusers face to face and have license to answer for himself concerning the crime laid against him Acts 25.16 And saith righteous Paul who writ the Oracles of God infallibly by the Spirit of God Where there is no law there is nor can be no transgression Rom. 4.15 But saith that judicious and learned Lawyer Sir Edward Cook in the third part of his Institutes folio 35. of Rhadamanthus that cruel and wicked Judge of hell First he punisheth before he hears like the late Parliament and when he doth hear the denial then he compels the party accused by torture to confess it but saith he far otherwise doth Almighty God proceed for after that the guilty person is accused he calls he examines and then judges or condemns Luk. 16.1 2. But in his fourth part Institutes he proceeds and goeth on and saith in his last fore-recited folio As evil was the proceedings in Parliament in the second of Henry the 6. Number 18. against Sir John Mortimer the third son of Edmund the second Earle of Marsh descended from Lionel Duke of Clarence who was Indicted of high treason for certaine words which Indictment without any arraignment or pleading being meerly feigned to blemish the title of the Mortimers and withall being insufficient in law as by the same appeareth was confirmed by authority of Parliament and the said Sir John being brought into the Parliament without arraignment and answer judgement in Parliament was given against him upon the said Indictment that he should be carried to the Tower of London and drawn through the City to Tiburn and there hanged drawn and quartered his head to be set on London-bridge his four quarters on the four gates of London as by the Record of Parliament appeareth And therefore in the next folio being folio 39. he saith that whereas by order of Law a man cannot be attainted of high treason unless the offence be in law high treason he ought not to be attained by general words of high treason By authority of Parliament as sometime hath been used but the high treason ought to be specially expressed seeing that the Court of Parliament is the highest and most honorable Court of Justice and ought as hath been said to give examples to inferior Courts And further to shew that Parliaments which in their right constitution are the best conservators of our laws and liberties are erroneous things when they walk by their own wills and forsake their true and only guide the fundamental laws of England What need there any more instances then many of the Armies own Declarations in several of which and their frequent discourses they have declared the late Parliament a traiterous Parliament breakers of their trust and imbroylers of the Nation in bloody wars and subverters of the peoples liberties and freedomes yea and in the conclusion the Lord General Cromwel himself and Major Gen. Harison with their own hands have pulled them out by the ears and pluckt them up by the very roots as final breakers of their trust and as a pack of the vilest knaves and villaines that ever breathed in England although they were fenced in and about by an Act of Parliament made before the wars by King Lords and Commons in the seventeenth of the raigne of the late King being in the yeer 1641 that they should not be dissolved but by their own free and voluntary consents And also since they changed the Kingdome into a Commonwealth by two several Acts of Parliament of the 14. of May 1649. and the 17. of July 1649. In which it is expresly made high treason for any Englishman or men by writing printing or words declaring or by endeavouring to raise or stir up force to dissolve the late Parliament or their Councel of State without their own consents or to say that the said late Parliament or their Councel of State is tyrannical usurped or unlawful as by the said Acts of Parliament with reference thereunto being had more at large doth appear which Acts are printed in the first part of the trial or arraignment of the prisoner at the Bar at Guild-hall Oct. 1649. pag. 86 87 88 89. the first of which Acts viz. that of the 14. of May 1649. thus followeth

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