Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	arundel_n	earl_n	sir_n	11,366	5	6.5905	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56154	Demophilos, or, The assertor of the peoples liberty plainly demonstrating by the principles even of nature itself, and by the primitive constitutions of all governments since the creation of the world that the very essence and the fundamentals of all governments and laws was meerly the safety of the people, and the advancement of their rights and liberties, to which is added the general consent of all Parliaments in the nation, and the concurrence of threescore and two kings since first this island was visible in earnest, and by commerce with other nations, hath been refined from fable and neglect / by William Prynne ...; Summary collection of the principal fundamental rights, liberties, proprieties of all English freemen	Prynne, William, 1600-1669.	1658 (1658)	Wing P3943; ESTC R5727	47,915	74

my Plea for the Lords which you may consult at leisure Therefore no member duly summoned or elected may or ought to be arrested secluded or suspended the Parliament by any Persons or Powers whatsoever upon any pretext or new devised Instrument but only by the House and Parliament it self without the highest injustice affront to the Parli●…ment Member and the people who elect him 3. That the Parliament alone during its sitting and no other person or powers whatsoever is and ought to b●… the sole Iudge of the due elections offences fi●…nesse ejection seclusion suspension imprisonment of the Members of Parliament And that no Member in cases of Treason Felony or Breach of Peace ought to be taken away or detained from the service of the House whereof he is a Member until that House hath satisfaction concerning the truth of the fact and grounds of the Accusation ●… which it is bound to examine and then to proceed against him themselves if it be proper for the Parliament or to suffer him after to be proceeded against elsewhere as resolved in the Presidents of Sir Edmund Sawyer Mr. Baber Sir Simon Steward Sir Robert Stanhop the Earl of Arundel the Lord of Kinbolton and 5 ●…mpeached Members forecited of late By sundry antient Presidents in my Plea for the Lords p. 33 to 54. My Ardua Regni and Levellers Levelled Cooks 4 Inst●…tutes p. 23 24 c. And ●…xpresly declared by the Lords and Commons in their printed Declaration Octob. 23. and Remonstrance Novemb. 2. 1●…42 Exact Collection p. 655 657 723 724 726 727. Wherefore for any persons or Powers out of Parliament to arrest o seclude any Member duly summoned or elected by the People especially without before or against the judgement of the Parliament or withont rendring any reason thereof to the Parliament and People who elect them is the highest usurpation over and affront to the Soveraign jurisdiction of Parliaments that possibly can be devised yea an erection of a supream new Power both over Parliaments themselves and their Members and great injustice to the People lately (g) voted the Soveraign Power and only fountain of all lawfull Authority in the Nation 4. That the Parliaments of England in all former ages have been very diligent vigilant zealous resolute couragious in maintaining these their antient undoubted Privileges of their Members and the Houses of Parliament against the least incroachment or violation not suffering so much as one or two of their Members at any time especially in the Parliaments of King Charles to be imprisoned or restrained from the Parliament for any real ar pretended causes without present demanding of him or them and examining the grounds of their restraints adjorning their Houses and refusing to sit or act til●● till their Members were restored righted and their Privileges repaired And that upon these four grounds worthy special observation 1. Because our Parliaments in former times were constantly adjourned from the day of their first appearance till a further time when any of the Lords Knights and Burgesses by reason of shortness of time other publike imployments or default of the Sheriffs returns were absent and did not appear to make up a full Parliament upon the first day of the Summons which I have proved by 30 Parliaments Presidents and Records (h) elsewhere cited in the reignes of King Henry 3. Edward the 3. Richard 3. and Henry the 4th to which some others might be added to prevent the danger of acting any thing in a thin or packed House 2. Because the undue seclusion of any Members duly elected by force or combination especially when others unduly or not at all elected by the people were returned and admitted as Members hath nullified ma●…e void and rep●…aled all the Acts and Proceedings of former Parliaments thus fraudulently packed for sinister private ends as being no Parliaments at all in law or truth but a packed Conventicle and Confederacy as the printed Statutes of 21 R. 2. c. 12. ●… H. 4. c. 3. and rot. Parl. 1 H. 4. n. 22 23. 38. 48. 66. 70. 38 H. 6. n. 35. 39 H. 6. c. 1. 17 E. 4. c. 7. And the Statutes of 10 H. 7. c. 23. made in Ireland will resolve the perusers of them being over-tedious to transcribe 3. Because else the King and his Council or others might as well summon what Nobles Counties Cities Boroughs they pleased to the Parliament and omit whom else they pleased out of the Summons without any Writs directed to them and seclude or admit whom they pleased when summoned elected returned to serve in Parliament contrary to the (i) Great Charter of King John and the Statute of 5 R. 2. c. 4 ●… which expresly prov●…de That all the 〈◊〉 Citizens B●…gesses 〈◊〉 and 〈◊〉 shall be Summon●… to every Parliament And if any Sheriff of the Realm be from henceforth negligent in making his returns o●… Writs of the Parliament or that he leave out of the said Returns any Cities or Boroughs which be bound or were of old time wont to come to the Parliament he shall be 〈◊〉 or otherwise punish●…d i●… the mann●…r as was accustomed to be done in the said cas●… i●… im●…s past They being all to be summoned as formerly ex debito Justiciae as Sir Edward Cook resolves in his 4th Institutes p. 1. printed by the Common●… House speci●…l Order else the Parliament will be Void and Null as the Statute of 10 H. 7. ●… a 3. for Ireland declares resolving the Patent of Drogheda to be void upon this reason 4. Because as both Houses of Parliament resolved in their k Declaration of October 23. and Remonstrance Novemb. ●… 1642. published in print to all out 3. Kingdom●… and the World penned and assented to by some Grande●…s in present power 〈◊〉 King or ●…ny prevailing party whatsoever might else at any tim●… secludo and pull out of the House of Parliament all such Members as they sound 〈◊〉 and opposite to their 〈◊〉 Mak●… whom and how many Members they pleased a Major part to carry on t●…eir designes and thereby destroy the whole Body of the Parliament by pulling out the principal Members and pull up their Privileges by the roots A treachery injury innovation not to be tollerated or connived at in the least Degree after so many Protestations Vowes Solemn Leagues Coven●… Declaratio●… Remonstrances both by the Parliament and Army and so many years bloudy Wars for defen●… of the Rights and Privileges of Parliament I shall therefore close up this particular with the memorable words of Lord●… and Commons forenamed Remonstra●… which I desire all Swordmen the whole Nation and those especially who were then Members to take special noti●…e of (l) This Privilege of the Members seclusion from the House and arrests fore mentioned is so clear and essential a Privilege of Parliament that the whole Freedome of Parliament depends upon it For who sees not that by this means under false pretences of Crimes and Accusations

Judgement against him Which was done accordingly To these cases of Privilege in the Commons House I shall adde another memorable one in the Lords House in the second Parliament of King Charls The King sitting that Parliament committed the Earl of Arundel to the Tower without leave of the House or acquainting the Lords with the cause thereof Whereupon May 25. 1626. the Lords drew up and sent this Remonstrance and Petition to the King entred in their Journal on record The humble Remonstrance and Petition of the Peers MAy it please your Majesty We the Peers of this your Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a Message was delivered us from your Majesty by the Lord Keeper That the Earl of Arundell was restrained for a misdemeanour which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament The Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our Right and Privilege of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case We find it to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting the Parliament or within the usual times of Privilege of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be alleged by your Majesties learned Counsel at law that might any way infringe or weaken this claim of the Peers And to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the Question made of this Privilege hath una voce consented that this is the undoubted Right of the Peers and hath inviolably béen enjoyed by them Wherefore we your Majesties loyal Subjects and●… humble Servants the whole Body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Aruudel a Member of this Body may presently be admitted by your Gracious favour ●…o come sit and serve your Majesty and the Commonwealth in the Great Affairs of this Parliament And we shall pray c. Vpon this Remonstrance and Petition sent to the King the * Peers presently adjourned their house till the next morning by which time they expected the Earls release but not finding him enlarged the next day May 26. they presently adjourned their House till the 2. of June refusing to sit and resolving not to act any thing till the Earl wa●… released to sit among them or the particular cause of his Commitment and seclusion declared to them that they might judge of its legality Whereupon the King was inforced to release him to satisfie the Lords House In imitation whereof the (f) whole House of Commons the last Parliament of King Charls upon the Kings comming into the House to demand the 5 Members he had impeached of High Treason January 4. 1641. which they Voted To be an high Breach of the Rights and Privilege of Parliament and inconsistent with the Freedom and Liberty thereof presently adjourned it self and so did the House of Peers too upon his demand of the Lord of Kimbolton refusing to sit as an House but only as a Committee in Lo●…don for certain dayes till this breach of their Privilages was repaired and their 〈◊〉 restored vindicated cleared by the King who released all further prosecution against them From which Presidents in these Parliaments of King Charles it is observable 1. That it is an antient and undoubted Privilege and●… Right of all and every Mrmber of Parliament as well Commoner as Peer as likewise of their necessary Servants and Attendants to be free from all Arrests Imprisonments and restaints whatsoever by the King Council o●… any others except only in cases of Treason Felony and Breach Surety of the Peace which was then cleared by 5 H. 4. n. 39. 5 H. 4. c. 6. 8 H. 6. n. 57. 31 H. 6. n. 25 26 27 28. 39 H 6. n. 9. 7 E. 4. n. 36. 4 H. 8. c. 6. 3 Iacobi the Baron of Wal●…ons case and Sir George Ha 〈…〉 case ●…Caroli to which the Presidents printed in Sir Edward Cooks 4 Institutes p. 24 25. and the Statute of 8 H. 6. c. 1. may be added which declares That the Great men and Commonally of the Realm of Englaud called or to be called to the Kings Parliament do enjoy and were wont to enjoy and in time to come ought to enjoy this liberty or defence in coming tarrying and retorning not to be arrested molested or inquieted and gi●…es the same Liberty to the Clergy called to the Convocation by the Kings writs and to their Servants and Families Therefore the arresting imprisoning secluding molesting of any Members of late or present times by the Army Officers or others is a most apparent breach of this antient Privilege worthy the severest penalties and speedy reformation 2. That the ground and only reason of this Privilege is that all every member summoned to or elected and returned to serve in Parliament might duly freely and diligently attend his publike trust and service in the Parl. Without molestation restraint seclusion or disturbance as these Presidents Statutes and Records resolve which all and every of them are bound to doe under pain of being amerced sined and otherwayes punished and of losing their wages besides as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command and it is assented in the Parliament by the Prelates Lords and Commons that all and singular●… Persons and commonalties which from henceforth shall have the summons of Parliament shall come from henceforth to the Parliament in the manner as they be bounden to doe and have been accstomed within the Realm of England of old times And every person of the same Realm which from henceforth shall have the said summons be he Archbishop Bishop Abbot Prior Duke Earl Baron Baneret Knight of the Shire Citizen of City Burgesse of Borough or other singular Pers●…n or Comminalty which doth absent himself or come not at the said Summons except he may reasonably and honestly exc●…se himself to our Lord the King shall be amerced and otherwise punished as of old times hath used to be done within the said Realm in the said case c. As likewise by the Statutes of 1 H. 5. c. 1. 32 ●… 6. c. 15. 9 H. 8. c. 16. The Act for Triennial 〈◊〉 16 Caroli 31 H. 6. n. 45 46. 8 Martii 23 〈◊〉 Cooks 4 Institutes p. 1 2 4 9 10 15 17 23 24 35 42 to 50 and

Legacy I can leave behind me to my Native Country and the whole English Nation whose real Liberty VVeal Tranquillity Prosperity next to Gods glory and the safety of our endangered Church and Religion hath been the sole scope end of this and all other his publications who though ingratefully despitefully requited for most of them would repute it his greatest infelicity to be enforced or hear other Cordial State-Physicians compelled now at last to say of England as Gods people once did of Babylon Jer. 51. 8 9 10. Babylon is suddenly fallen and destroyed howle for her take balm for her pain If so be she may be healed VVe would have healed Babylon but she is not healed forsake her and let us go every one into his own Country for her judgment reacheth unto Heaven ●… and is lifted up even to the Skies Yet the Lord hath brought forth our righteousnesse as he hath maugre all Enemies Oppositions Slanders the righteousnesse of him who desires thy kind acceptation of this Breviary and prayers for Gods blessing upon this and all other his real endeavours for sick desperately-wounded Englands cure Swainswick Septemb. 6. 1656. William P●…nne A Summary Collection of the principal fundamental Rights Liberties Properties of all English-Freemen c. THe Liberty of the Subjects Persons having in the three first years of our late King Charles his Reign been very much invaded endangered undermined 1. By Imprisonment of their Persons by the Lords of the Council without any special Legal cause assigned in the Warrants for their commitment but only the Kings command 1. By honorable banishments upon pretence of forein imployments 3. By confinements to particular places 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them 5. By Commissions for Trials of Souldiers and others for their live by Martial Law in times of peace when other Courts of Justice were open and the like The properties of their Goods and Estat●…s being likewise much encroached upon and in a great measure subverted 1 By forced Loans and contributions 2. By Lieutenants and Deputy-Lieutenants exorbi●… Powers and new rates taxes imposed on and forced from them without grant in Parliament for billeting Souldiers and quartering Souldiers in mens Houses●… against their wills till they paid those rates 3. By exacting Tunnage Poundage New customes and impositions without special grant and act of Parliament 4. By an intended Commission of Excise never put in execution and other particulars of like nature And the Liberty of their Free-elections much impeached by Lieutenants and others Letters menaces summoning of trained Bands to elections and the like indirect courses Whereupon the Parliament begun on Monday 17 Martil 3 Caroli in the year of our Lord 1627 to vindicate these their infringed Liberties properties freedomes and preserve them from future violations of this nature after many learned Arguments by Sir Edward Cook Mr. Noy Mr. Selden Mr. Littleton Mr. Masen Mr. Creswel Mr. Shervile Mr. Sherland Mr. Bancks Mr. Rolls Mr. Ball with other Lawyers and able Members of the Commons House passed their 〈◊〉 Votes against them Nemine centradicente fit now to be revived re-established after more dangerous avowed publick Violations of our hereditary Fundamental Liberties Properties by the greatest pretended Military and civil Champions for and Patrons Assertors and Protectors of them than any in former ages as the probablest means under God then and now to cure the mortal distempers and repair the sad divisions 〈◊〉 desolation of our Land (a) Resolved upon the Question 1. That * no Freemau ought to be committed deteined in Prison or otherwise restrained by command of the King or privy Council or any other unless 〈◊〉 cause of the commitment restraint or deteiner be expressed for which by Law he ought to be committed deteined or restrained 2. That a Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or deteined in Prison or otherwise restrained ●… although it be by command of the King or Prioy Councill or any other he praying the same 3. That if a Freeman be committed or deteined in Prison or otherwise 〈◊〉 by command of the King or Privy Council or any other no cause of such commitment deteiner or restraint being expressed forthwith for which by Law he ought to be committed restreined or detained and the same being returned 〈◊〉 an Habeas Corpus granted for the same party that then he ought to be delivered or bayled 4. (b) That no Freeman ought to be confined to his House or any other place by any commaud of the King or Privy Council or any other unless it be by * Act of Parliament or by other due course or Warrant of Law 5. (c) That the Commission for martial Law and all other of such nature to be executed within the Land at such times as were appointed by this Commission then questioned to wit in times of peace when the Kings Courts of Law were open and other Legal trials might be had by Juries in Courts of Iustice are against the Law 6. That † billetting and placing of Souldiers or any other person in the House of any Freeman against his will is against the Law 7. (d) That it is the * antient and undoubted Right of every Freeman that he hath a full and absolute propriety in his goods and Estate And that no taxes Tallages loan bonevolence or other charge ought to be commanded imposed or levyed by the King or his Ministers without commou consent by Act of Parliament All which Votes were drawn up and inserted into●… the Petition of Right assented to by the Lords and at last by the King himself in his Answer to that petition as the antient Fundamental Rights and Liberties of all English Freemen And therefore after all our late Parliamentary and Military contests wars for their defence fit to be confirmed ratified by all sorts of Domestick waies and policies by which the great Charter was * antiently confirmed and all violations of them exemplarily punished without any further argument or debate being indisputable principles and foundations whereon all our Liberties Properties as English Freemen are bottomed To which end I would advise that all Civil and Military Officers whatsoever as well Supreme as subordinate all Members of Parliament Barresters Attornies Graduates in our Universities Steward of Leets and Court Barons throughout 〈◊〉 Dominions should from time to time upon and at their investitures into their several Offices Trusts or taking their Degrees be corporally sworn To defend and maintain the Great Charter of England the Petition of Right and other Fundamental Lawes of this Land together with the antient undoubted Rights and Liberties of our English Parliaments according to their late Protestation and Solemn League and Covenant And that all Justices of 〈◊〉 Judges and Justices of the Peace should specially be sworn at every Assizes and Sessions of

expences for their preservation and all sacred solemn Protestations Vows Leagues Covenants Declarations Remonstrances and Ordinances engaging us with our lives and fortunes constantly to defend them all the daies of our lives against all oppositio●… And if any who pretend to the Name or power of a Parliament should now refuse or neglect to do their duties herein they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen XII It was frequently averred declared (k) by the Commons in this Parliament That the old custome and use of our Parliaments constantly hath been and ought to be to debate redress all publick grievances and re-establish secure their violated * Great Charter Laws Rights and Liberties in the first place of all before they debated or granted any aides or subsidies demanded of them shough never so pressing or necessary it be●…ng both dangerous imprudent and a breach of their trusts towards the people who elected them to play an After-game for their Liberties Laws and Grievances which would never be effectually redressed after subsidies once granted VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was fi●…st assented unto enrolled and their Grievances redressed by the King XIII They cast Sir Edmund Sawyer a Member of the Commons House out of it upon solemn Debate (l) committed him Prisoner to the Tower and perpetually disabled him to serve in Parliament for the future for having a chief hand in making a Book of Rates for Tunnage and Poundag and laying imposiiont●… on the Subject in nature of a Projector without grant or Act of Parliament And likewise suspended Mr. John Baber then Recorder and Burgesse of Welle only for making a Warrant to billet Souldiers on some of the Townsmen against the Law and Subjects Liberty out of of fear Resolving that all Projectors and Promoters of illegal impositions Taxes 〈◊〉 Projects out of base fear which Mr. Baber or by regal ' command which Sir Edmund Sawyer pleaded for his excuse were unfit to sit or vote in any English Parliament and fit to be turned out thence by judicial sentence with greatest Insamy And whether any such be fit to be Members at any other season let those whom it concerns determine XIV In this Parliament of 3 Car●…li the (a) Speaker in the close of his first Speech to the King according to (b) usual custome in former ages prayed 3 Privileges in behalf of every Member of the Commons House the first whereof was That for the better attending the publick and important services of the House all and every Member thereof and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles according to their antient Privileges and immunities Which the King then readily granted them all according to the true Rights and Privileges of Parliament By the mouth of the Lord Keeper (c) After which Sir Edward Cook arguing against the King and his Councils power to commit men only by special command without any legal cause expressed in the Warrant in the House used this expression This concerneth not only the Commonalty but the Lords and therefore it deserveth to be spoken of in Parliament because this might dissolve the Parliament and this House for we may be then all one after another thus committed 31 H. 6. rot Parl. n. 26 27. (d) No Member of Parliament can be arrested but for Felony Treason or Peace And all here may be committed under thefe pretences and then where is the Parliament Surely the Lord●… will be glad of this i●… concerns them as well as us (e) Not long after the Common House being informed that Sir Robert Sta●…hop a Member there of was committed by the Lords of the Council thereupon the House in whose power it was either to send an Habeas Corpus or their Sergeant with his Mace for any Member committed as was resolved the last Parliament before this together with the cause thereof ordered That their Sergeant should go with his Mace and bring Sir Robert Stanhop with his Keeper and the Warraut for his commitment into the House the next morning they sate Who accordingly brought him with the Marshal of the Houshold and the Warrant wherein it was declared That his commitment was by the Lords of the Council for breach of the peace and refusing to give Suretiet for the Peace upon a challenge and a Duel intended by him as the truth of the Case appeared Whereupon the House were of opinion That standing committed for his real breach of the peace and refusing to give Sureties he could not have his Privileges without giving good security in the Kings Bench to keep the peace ' And Mr. ●…anshaw alleging That in such caf●…s some Members by order of the House had entred into Recognizances in the Kings Bench in former times to keep the Pe●…ce a Committee was ordered to search out the Presidents and consider of the Case But the quarrel being soon after taken up thereupon the Lords released Sir Robert without Sureties to attend the service of the House On the 28 of April 1627 Sir Simon Steward a Member of the Commons House being served with a Sub poena ad audiendum judicium out of the Star-chamber at the su●…e of the Kings Attor●…y upon a Bill there exhibited against him for sundry misdemeanours complained thereof to the House and shewed that he had been●… inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament The House upon solemn debate hereof April 20. resolved That Sir Simon notwithstanding this Bond and Recognizance should have his Privilege allowed him because he was elected by and served for others and could not make a Proxy and because else the House might thereby be deprived of his attendance by his Censure Yea this Recognisance with the Condition thereof not to claim his Privilege were held to be void and against the Law And by order of the House the p●…rty who served the Subpoena on Sir Simon Steward was sent for as a Delinquent and Sir Simon commanded to attend the service of the House and not the hearing of the cause Vpon this on the 10th of May the Inhabitants of the Isle of Ely exhibited a Petition against Sir Simon to the House complaining that they had exhibited an Information against him in Starchamber for taking bribes about pressing of Souldiers as a Deputy Lieutenant and defrauding the Country about the Kings composition which cause was ready for hearing Petitioning the House that he might wave his privilege having en●…red into a Bond of 500 l. not to claim it But it was resolved upon debate That the Commons House was Judge of any offence done by the Members of it And thereupon ordered That a Committee should examine the Witnesses and other proofs of the Charge against him and so this House to proceed to