Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	john_n	page_n	sir_n	23,574	5	9.7151	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88236	A plea, or protest, made by VVilliam Prynne, Esquire, and by him sent unto J.M. Knight, one of the eleven impeached Members. Wherein he declares the injustice and illegality of the Lords, Commons, and grandees of the Armies proceedings against him. Whereunto is annexed the case of A.B. (a citizen of London, and a free commoner of England) truly stated, in reference to a pretended impeachment of treason depending in the House of Peers against him : with an answer to certain queres framed thereupon : unto which is annexed the answer of the said A.B. unto the Lords assembled in Parliament in point of law, ... in which it is fully proved, that the House of Lords ... hath not the least jurisdiction in the world over any commoner ... with a full answer to all their presidents in such cases; and that it is not safe for the said A.B. to kneel at the Lords barre, because it is stooping and submitting to their jurisdiction. / Published for the common good of all honest Englishmen, by Lionel Hurbin Gentleman, March 17. 1647.	Lilburne, John, 1614?-1657.; J. M.; Prynne, William, 1600-1669.	1648 (1648)	Wing L2161; Thomason E432_18; ESTC R202738	18,211	22

the Houses the 26. of July 1647. and that day or immediately after endeavoured to passe a Vote for the owning of the Engagement entred into by the Speaker and Members as aforesaid with the Army which would not then passe as also a Vote for the nulling of all Ordinances c. betwixt the 26. of July the day of the force and the 6. of August the day the Army put the Speaker into their Chaires as aforesaid which many severall daies passed in the Negative both these Votes and many more to this purpose which first passed in the House of Lords consisting then of the engaged Lords and from day to day renewed by those Lords and sent down to the House of Commons for their concurrence And at length by meanes of more force and a Remonstrance from the Army of the 17. of August the Vote was passed and being obtained divers of both Houses of Parliament and of the City of London were examined upon questioned impeached and imprisoned and for their very obedience to and acting upon the Order and Ordinances of the House of Parliament who sate in the absence of the rest and are allowed to be Houses of Parliament by that Order wherein all they did in that time is declared to be null are ordered to be brought to their Triall upon pretended treason and misdemeanour amongst which A. B. is one and is to be tried by those very Lords if he submit thereto who entred this Engagement and who if they condemne not A. B. and the rest upon the said treason and misdemeanours make themselves guilty for their thus acting and engaging with the Army against the Houses as aforesaid and so will bring a condemnation upon their own heads All which premised and considered I frame three Quaeres 1. Query Whether it be safe for A. B. questioned by the House of Commons and the Army to submit to any triall by the engaged Lords who by their engagement have passed judgement upon him already which they are to make good with their lives and fortunes and must as the case lies condemne themselves or him To which I answer negatively for these ensuing reasons 1. Ans It s not to be supposed that the Lords will declare themselves Traitors and warre being Levied by A. B. and them each against other the fact of one or the other must necessarily be included in the Stat. of 25. Ed. 3. where levying warre against the King is declared treason 2. A. The quality of A. B. his supposed fact is so prejudged treason by the Commons already and who have so transmitted it to the Lords as that the Lords dare not dissent least the House of Commons and the Army should fall furiously upon them and incline to abolish their vsurped jurisdiction over Commoners or any other ways to be revenged of them and therefore in case A. B. submit to a triall by those Lords the hopes of his life solely depends upon the defect of evidence as to the matter of fact 3. A. The Interest of those Lords and of the Army Grandees whom they are obliged to serve is to excute exmpelary punishment upon some that resisted the Army otherwise their reputation with the people will be utterly lost and therefore if A. B. put himselfe upon a triall by the Lords assuredly they must and will lay Load upon him to the purpose 2. Query If the first be not safe then secondly what is A. B. his safest Plea whether to the Lords none Iurisdiction of his cause being against Magna Charta the Petition of Right c. by the authority of which the Commoners of England are only to be tryed by their equalls Or to the incompetencie of judging in this case being both judges and parties A. It s not safe for A. B. to plead that the Lords are incompetent Iudges because they are parties and the reasons are First Because that Plea is not only an implicit acknowledgment of their jurisdiction over Commoners but also a tacit confession of the matter of fact for the very Plea implies a mutuall Levying warre else they could not be parties Second Because that Plea is not valid in Law for the King sits by his Deputies in all Courts of justice and yet he is in Law a party Third Because that Plea lies onely as to the equity of the Laws nd therefore admitts of the exercise of the judiciall power about it and so the Commons which transmitted A. B. unto the Lords and the Lords themselves must be judges of the validity of the Plea and it cannot be supposed that either the Commons or the Lords will take that dishonour to themselves to reverse their former judgement and so consequently the House of Commons acknowledge the Injury they have offered to A. B. by imprisoning him c. And the House of Lords also acknowledge the wrong they have done to the Lord Willoughby and the rest of the seven impeached Lords by restraining them c. There remaines therefore no secure Plea to A. B. but to the non-jurisdiction of the Lords over Commons 3. Query If the first or second be judged the safest Plea then in the third place when is the proper time of pleading A. 1. The only proper time is to begin when the Lords send their first warrant to bring A. B. up to their Barre before them to answer to the impeachment and this to be done by a salvo to his Liberty put into the Liev. of the Tower in the nature of that which Sir Iohn Maynard sent to Col. Tichhurne the 17 Feb. 1647. which you may read in Print it the 36 and 37 Pages of his case truly stated 2. But secondly at the least A. B. must refuse to kneele at the Lords Bar because it is a cleare acknowledgment of their jurisdiction over him and this appeares by these insuing reasons First Because kneeling at their Barre is the only distinguishing note between those who come to their Bar only by a bare Summons or for witnesses c. and those which comes to their Bar as Deliquents the first of which they never require to kneele but only the second viz. Those which they look upon as Delinquents therefore whosoever kneeles at their Bar acknowledgeth the Lords power and jurisdiction over him to Summon him to their Bar as a Delinquent and there to judge and condemne him Second The Lords claime to that adoration by kneeling extends to no other then those Delinquents which are under their jurisdiction and that only as they are Delinquents Third It s evident by the constant practise of all such as are not looked upon as Delinquents comming to their Bar that kneeling is no note of Civill respect it being never required of them nor performed by them and therefore by consequence must be a symptome of delinquency performed only by those that stoope to their jurisdiction over them to try them therefore Fourth It s very observable that in the ordinary Courts of justice no man holds up

A Plea or Protest MADE By VVILLIAM PRYNNE Esquire AND By him sent unto J. M. Knight one of the eleven impeached Members Wherein he declares the injustice and illegality of the Lords Commons and Grandees of the Armies Proceedings against him Whereunto is annexed the Case of A. B. a Citizen of London and a free Commoner of England truly stated in reference to a pretended impeachment of Treason depending in the House of Peers against him With an Answer to certain Queres framed thereupon Unto which is annexed the Answer of the said A. B. unto the Lords assembled in Parliament in point of Law in reference to the said pretended Impeachment in which it is fully proved that the House of Lords by the known and declared Law of England hath not the least Iurisdiction in the world over any Commoner whatsoever in any case whatsoever With a full Answer to all their Presidents in such cases And that it is not safe for the said A. B. to kneel at the Lords Barre because it is a stooping and submitting to their Jurisdiction Published for the common good of all honest Englishmen By Lionel Hurbin Gentleman March 17. 1647. Printed for Iah Hornish 1648. The Protestation of J. M. Knight of the Bath to the Articles of high Treason dr●wn up by M. William Prynne of Lincolnes Inne Esquire and sent by him unto the foresaid J. M. for his legall Plea Protest and Answer to his Impeachment at the Lords Barre ALl advantages of exception to the incertainty and illegality of the Articles exhibited against this Defendent in the name of the Commons assembled in Parliament in maintenance of their accusation and impeachment of high Treason against him to this Defendent now and at all times hereafter saved when he shall be legally charged and proceeded against in a full and free Parliament He this Defendent not by way of Answer Plea or Demurrer but of Protestation onely saith that as he cannot acknowledge all or any of the said Articles to be true in any part thereof in manner and forme as they are exhibited being no wayes conscious to himselfe of any crime of High Treason much lesse of levying any new or actuall Warre against the King and Parliament in whose faithfull service and defence he hath during these late unhappy troubles spent most of his time and engaged a great part of his estate without any recompence or salary so in discharge of his duty to the Parliament and Kingdome and performance of his solemne League and Covenant in point of conscience towards God he is now further necessitated most solemnly to protest that both Houses of Parliament for the space of seven months last past and at the time when the Articles of his present Impeachment were Voted in the House of Commons transmitted to the Lords House and he this Defendent ordered to put in his Answer thereunto were and ever since have been and still are under the open actuall horrid force power menaces Guards and Garrisons of Sir Thomas Fairfax and the Army under his Command who refused to disband according to the Houses Votes and Ordinances marched up in a body against them to Westminster contrary to their expresse Orders and Commands impeached suspended divers and forced away the major part of their Members constrained them by menacing Declarations and their approaches towards the Houses to retract many Votes and Ordinances pass●d in both Houses when free and full and to make divers new Votes Orders and Ordinances against their wills and judgements quite contrary thereunto and have since got the Command of the Tower of London into their hands and erected new Garrisons of horse and foot at White-hall and the Mues and placed armed Guards upon both Houses to intimidate and force them to carry on their projects and designes and Vote what they and their Confederates shall prescribe In which regard he this Defendent humbly conceives that the House of Commons are utterly disabled and made uncapable to exhibite Vote and transmit and the House of Peers divers of whose Members have been lately since the said force impeached suspended imprisoned and kept out of the House upon the selfe-same pretended false Articles which are charged against this Defendent of purpose to deprive them of their Votes as is conceived put into an absolute incapacity for the present to receive and prosecute these Articles of Impeachment of High Treason against this Defendent the rather for that the respective Parliaments of 15. E. 3. 21. R. 2. 11. H. 4. 31. H. 6. 39. H. 6. and both Houses in this present Parliament assembled in their Ordinance of the 20. of August last have solemnely adjudged and resolved that all Acts of Parliaments Attainders Impeachments Votes Orders and Ordinances of one or both Houses of Parliament made and passed whiles the Parliament and Houses were under any actuall force and menaees especially of an whole mutinous Army marching up against them and quartering and erecting new Garrisons round about them are meerly void in Law and ought to be so reputed and declared and that more especially in this Defendents case who was originally impeached and prosecuted in the Commons House with ten other eminent Members in the name of Sir Thomas Fairfax and the Army under his Command and by their menaces force and violence suspended and ejected out of the Commons House whereof he was lately an actuall and still is a rightfull Member without any legall Triall or any witnesses or proofe legally examined against him or being once admitted to his lawfull defence by the Army and their Confederates meer arbitrary power and party in the House who have no lawfull Authority to suspend or eject their Fellow-Members who have every way the selfe-same and as good right to sit and continue in the House as themselves and therefore whiles both Houses continue under this force and power of the Army and whiles above halfe their Members are forcibly suspended ejected restrained or forced to absent themselves this Defendent can neither in honour justice nor conscience acknowledge them nor either of them to be in any legall capacy to exhibite receive or prosecute any Charge or Impeachment against him untill they be totally freed from the Armies Wardship and over-ruling power and all their unjustly impeached suspended ejected and absent Members restored to their ancient Freedome of voting and sitting in the Houses without any Guards or over-awing Forces to terrifie or daunt them And moreover this Defendent by Protestation onely averreth that the Speaker of the House of Commons and trust of those Members in it who were chiefe compilers and contrivers of these Articles against him and the Speaker of the House of Peers with nine other Peers who now pretend and are most likely to be his Judges did in or about the 4. day of August now last past contrary to their trust and duty not onely desert their service and attendance in the Houses and fly to the Army without just cause whiles divers

the informer or accuser shall not only be known but also bound by the justices to prosecute his suggestion that thereby the party accused may have due reparations in case of scandall and to that intent was it inacted by the statutes of the 37 Ed. 3 18. and 38. Ed. 3. 9. That ●f any shall make suggestion to the King of any crime committed by any other the same person shall be sent with the suggestion to the Chanceller c. and there to finde surety to persue his suggestion which if he cannot prove he shall be imprisoned and there remaine untill he hath satisfied the party accused of his damages and slander And the statutes of the 1. Ed. 6. 12 and 5 and 6. Ed. 6. 11. hath provided that no man shall be indicted of treason unlesse he be accused by two lawfull and sufficient witnesses or shall without violence confesse the same And the statute of the 1. 2. of Phillip and Mary chap. 10. enacts that no man for any crime that is called Treason should be tried but at the Common Law And he the said A. B. further saith that both your Lordships and the House of Commons in the whole stream of all your Declarations declare unto the whole Kingdome that you will preserve the subjects Liberties and freedomes and the just and fundamentall Lawes of the Land and in particular in your late printed Votes of 27. Jan. last although you declare to lay the King aside and make no more addresses to him yet you there declare to maintaine and preserve the Lawes of the Land and to Governe the people thereby And he the said A. B. further saith that the not finding any indictment or presentment of him for any reall or supposed crime by good and lawfull men of any neighbourhood where such supposed crime was commited he ought not to be put to answer at all neither can he with safety to himselfe or to the Commons of England or to the Lawes and Liberties thereof answer your Lordships any further then meerly to point of jurisdiction viz. That your Lordships by the knowue and declared Law of this Land hath not the least jurisdiction in the world over him or any Commoner of England whatsoever in any case whatsoever And therefore he the said A. B. positively sai●h that in case he were legally indicted for Treason or any other crime whatsoever the case comes not under the cognizance of this honourable House for the said A. B. being a Commoner of England ought expressely by the established Lawes of the Land to be tryed in some ordinary Court of Iustice before a Iudge or Iudges sworne impartially to execute the Law notwithstanding the commands of any power in England to the contrary and the sworne jury of Commoners his Peers or equalls viz. a Grand jury and petty jury * As appreares by the 22 Ed. 3. fol. 20 32 H. 6. fol. 26. 14 H. 7. fol. 19. and no otherwise These are the expresse words of the 29 chap. of Magna Charta Nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum c. That is neither the King in his own person nor any of his Justices Iudges or Courts shall try or condemne any man but by due course and processe of Law by the * See Sir Edward Cookes exposition of the words prepares in his exposition of the 14 29. chap. of Magna Charta 2 part insti fol. 28 29 46. 48. 50. where he positively saith that Peers signifie equals or men of his own condition and not freemen in opposition to Villaines as Mr. Will. Prin would simply and ignorantly expound it in the 62 pag of his late Erronious and illegall plea for the Lords jurisdiction over Commoners and so make the Lords by Magna Charta Peers to Commoners because they are both free-men and not Villaines although that learned Lawyer Sir Ed. Cooke in the first part insti fo 156. ecxpresly saith a Peere of the Realme shall not be impanelled in any case upon the jury of a Commoner because he is not his equall lawfull judgement of a jury of twelve men of his Peers or equalls viz men of his owne condition according to the Law of the Land and the same is further inacted and co●firmed by the 24 Ed. 3. 1 2 chap. where it is expressely inacted That if any statute judgement or decree be made or given contrary to this good law of Magna Charta it shall ipso facto be holden for none and so not in the least valid or binding but meerly void and null in Law which just and good law of the Great Charter hath been at least forty times confirmed in full and free Parliament And the said 29 chap. of Magna Charta and the other statutes made in exposition of it before recited were and now stand strongly confirmed by this present Parliament in the two fore-mentioned Acts for abolishing Ship-money and the Court of Starre chamber And the said A. B. further saith that as the intent of the Law was that all tryals might be equall and impartiall and as free from will pleasure and arbitrarinesse as possible could be so it is founded upon these impregnable grounds of reason justice and equity First the Iury are to be of the neighbourhood where any such crime is committed and some ought to be of the same Hundred a See 1 part insti lib. 2. chap. 11. Sect. 193. fol. 125. and chap. 12. Sect. 234 fo 155. 157. the 13 Ed. 138. 28. E. 1 cha 9. for the Law presumes that such may have some cognizance of the fact or of some circumstances thereof or of the party accused whose condition and manner of conversation is much to be regarded for the discovering his intention in any fact supposed to be Treason or Fellony c. and the rule of the law is Actus non facit reum nisi mens fit rea Secondly The Iury that passes upon any Commoner one day may themselves be in a condition to be tryed by him another day as one of their jury and hereby they are bound to indifferencie and impartiality considering it may be their own case Thirdly The party accused may challenge of except against the Iurers either against the Array if the Sheriffe or Bailiffe impannelling the jury be wholy disingaged and indifferent as to the cause and the parties prosecuring b See ut surpra fol. 156. 158. or against the Polls And in case of Treason he may challenge 35. peremptorily upon his dislike without rendring the least cause c See 1 part insti lib. 2 chap 12. Sect. 234. fo 156. 3 part fo 27. 32. 33. 227. and as many more as he can render any reason for his iust challenge As in case he can challenge any for a Baron or Lord of Parliament who as Sir Ed. Cooke saith shall not be impannelled in any case 1 part inst to

an argument it is both in Law and reason for the present Judges in Westminster Hal to say that it is legall and just for them to adjudge that the King hath a true and legall all right in all the peoples proprieties because there predecessors adjudged it so in the late Case of Ship-money or that the present King may at his will and pleasure chop off all your Lordships heads because his predecessor Richard the third did serve some of your Lordships predecessors so in the Tower of London And therefore the said A. B. conclusively saith that the ignorance feare or neglect of some Commoners to challenge at your Lordships hands their fundamentall and native rights and freedomes to be tried only by their Peers or equalls according to the forementioned Lawes doth not nor cannot prejudice any other Commoner whatsoever which shall challenge as I now doe his right and freedome according to the expresse and declared Law of the Land and whatsoever presidents Judgements or Dcrees have been wherein this honourable House have exercised a Judgement or jurisdiction over Commoners they are all expresly declared errors and to be holden for nought by this present Parliament in its purity virginity and freedome in that forementioned Act for abolishing the Starchamber Court wherein the forementioned 29. chap. of Magna Charta and 28. Ed. 3. 3. and 42. Ed. 3. 3. c. confirmed which Statutes enact that all free men shall have triall for their lives liberties and estates by their Peers equalls according to the common or old Law of the Land and have also these words That whatsoever shall be done contrary shall be void in Law and holden for error And the same doth the Petition of Right made in the 3. of the King which is every branch article and Prayer of it confirmed this present Parliament the 17 of the King in that excellent forementioned Act for the abolishing of Ship-money And the said A. B. saith inasmuch as the Statutes above recited have reference to the punishment of offenders they are not to be taken by construction but onely in and according to the letter thereof and therefore are as binding to your Lordships House and the House of Commons both till they be legally abrogated as they are to the meanest man in England And forasmuch as it is plaine and without scruple that the Lawes and Statutes before recited do absolntely restraine this honourable House from exercising over him the said A. B. or any other Commoner of England any the least jurisdiction in any case whatsoever * Which is unanswerably proved as well by reason and argument as positive Law in that strong and singular Discourse called the Lawes Subversion or Sir Iohn Maynard Case truly stated pag. 23 24 25 26 27 28. for the fore-recited Lawes expresly againe and againe say that no Commoner shall be passed upon adjudged or condemned but by the lawfull judgement of his Peers or equals according to the due course of the Law of the Land and the said A. B. is very confident that there is not nor never was since the the great Charter was made one established Law or Act of Parliament ever made in England that ever gave the House of Peers in Writs of Errour or any other case whatsoever any Jurisdiction or power of passing Judgement upon Commoners and therefore all and every the Judgements and Decrees that your Lordships have made and given especially since the late Act for abolishing of the Starre-Chamber are thereby declared to be ipso facto erroneous and null and void in Law and your Lordships liable if not at the Common-Law yet undoubtedly in the next free Parliament to make legall satisfaction to all those persons that by any of your Judgements Decrees Sentences or Orders of Imprisonments you have most illegally and without the least shadow or colour of Law wronged And therefore he the said A. B. being a Commoner doth hereby protest against submission to any triall before your Lordships as not being his legall Judges And he the said A. B. doth also claime the benefit of all the knowne and declared Lawes of the Land which is his undoubted Birth-right and appeale to his proper Judges according to the said Lawes viz. two Juries of 24. legall men * The reason wherefore the Iury is put in before the Iudge is to erect a common errour amongst the people of England viz. that the Iudge hath more power in him then the Iury when as indeed and in truth if a man without offence may so say the Iury is as it were the God Almighty and the Iudge is but as the Minister or Priest to pronounce and declare the sentence and judgment of God Almighty of England his peers or equalls and the Judges appointed for to be the executors of the Law in the Kings Bench or elswhere in the County where his pretended crime was committed and the said A. B. out of love and respect to your Lordships his native Liberties earnestly entreats your Lordships seriously to consider that in the foresaid Act for abolishing the Star-Chamber the Judges therof are accused That they have not kept themselves to the points limited by the Statute that gave them their power and Iurisdiction but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such Authority and to inflict heavier punishments then by any Law is warranted and therefore saith the Act the Proceedings Censures and Decrees of that Court have by experience been found to be an intolerable burthen to the Subject and a meanes to introduce an arbitrary power and Government for which it was totally abolished all which with much more the said A. B. confidently averres may be justly and truly said of your Lordships in that you have fined imprisoned and murdered those that by Law you have not the least Jurisdiction in the world over and therefore in common reason equity and justice better deserve to be totally abolished * Which is undeniably proved by Lievt Col. John Lilburnes printed Speech that he made at the open Barre of the House of Commons against the Lords Ian. 19. 1647. p. 13 14 15 16 17. then the said Court of Star-Chamber FINIS